A-29.011, r. 2 - Regulation under the Act respecting parental insurance

Section 34 Disposition versions

2021-01-01

34. For the purposes of the second and third paragraphs of section 23 of the Act, the period during which paternity benefits, exclusive and shareable parental or adoption benefits, and welcome and support benefits relating to an adoption may be paid is extended if

(1)  the person’s child is hospitalized;

(2)  the person is ill or injured in an accident;

(3)  the person’s presence is required, because of a serious illness or a serious accident, with the person’s child, spouse, spouse’s child, father, mother, father’s or mother’s spouse or any other person who is a member of the family for the purposes of the provisions relating to family caregiver benefits under the employment insurance plan;

(4)  the person is entitled to the benefits that were not used by the other parent on the date of the other parent’s death, pursuant to section 17 of the Act;

(5)  the person is called back into service or the person’s parental leave is postponed, pursuant to the regulations made under the National Defence Act (R.S.C. 1985, c. N-5); or

(6)  the person’s minor child is dead or missing, having been the victim of a probable offence to the Criminal Code (R.S.C. 1985, c. C-46).

Subject to the third paragraph of section 23 of the Act, the benefit period is extended by the number of full weeks that the situation lasts.

If a person is again in the situation referred to in the first paragraph during the extension of the benefit period, the benefit period is extended by the number of weeks that the situation lasts, subject to the third paragraph of section 23 of the Act.

O.C. 986-2005, s. 34; O.C. 841-2007, s. 6; O.C. 129-2011, s. 1; O.C. 936-2013, s. 1; O.C. 1271-2020, s. 9.

2013-10-10

34. The period during which paternity, parental or adoption benefits may be paid is extended if

(1)  the person’s child is hospitalized;

(2)  the person is ill or injured in an accident;

(3)  the person’s presence is required, because of a serious illness or a serious accident, with the person’s child, spouse, spouse’s child, father, mother, father’s or mother’s spouse or any other person who is a member of the family for the purposes of the provisions in the Employment Insurance Regulations (SOR/96-332) respecting compassionate care benefits;

(4)  the person is entitled to the benefits that were not used by the other parent on the date of the other parent’s death, pursuant to section 17 of the Act;

(5)  the person is called back into service or the person’s parental leave is postponed, pursuant to the regulations made under the National Defence Act (R.S.C. 1985, c. N-5); or

(6)  the person’s minor child is dead or missing, having been the victim of a probable offence to the Criminal Code (R.S.C. 1985, c. C-46).

The benefit period is extended by the number of full weeks that the situation lasts, except that that number may not exceed

(1)  15 weeks in the case provided for in subparagraph 2 of the first paragraph;

(2)  6 weeks in the case provided for in subparagraph 3 of the first paragraph, that number is however of 41 weeks if the person’s presence is required with a child;

(3)  35 weeks in the case provided for in subparagraph 6 of the first paragraph.

In the case provided for in subparagraph 4 of the first paragraph, the benefit period is extended by the number of weeks required to attain the maximum number of weeks of benefits to which the parent is entitled, subject to the parent’s right to request an extension of that period pursuant to the first and second paragraphs.

If a person is again in the situation referred to in subparagraph 1 of the first paragraph during the extension of the benefit period, the benefit period is extended by the number of weeks that the situation lasts, subject to the third paragraph of section 23 of the Act.

O.C. 986-2005, s. 34; O.C. 841-2007, s. 6; O.C. 129-2011, s. 1; O.C. 936-2013, s. 1.

2012-09-01

34. The period during which paternity, parental or adoption benefits may be paid is extended if

(1)  the person’s child is hospitalized;

(2)  the person is ill or injured in an accident;

(3)  the person’s presence is required, because of a serious illness or a serious accident, with the person’s child, spouse, spouse’s child, father, mother, father’s or mother’s spouse or any other person who is a member of the family for the purposes of the provisions in the Employment Insurance Regulations (SOR/96-332) respecting compassionate care benefits;

(4)  the person is entitled to the benefits that were not used by the other parent on the date of the other parent’s death, pursuant to section 17 of the Act; or

(5)  the person is called back into service or the person’s parental leave is postponed, pursuant to the regulations made under the National Defence Act (R.S.C., c. N-5).

The benefit period is extended by the number of full weeks that the situation lasts, except that that number may not exceed 15 weeks in the case provided for in subparagraph 2 of the first paragraph or 6 weeks in the case provided for in subparagraph 3 of the first paragraph.

In the case provided for in subparagraph 4 of the first paragraph, the benefit period is extended by the number of weeks required to attain the maximum number of weeks of benefits to which the parent is entitled, subject to the parent’s right to request an extension of that period pursuant to the first and second paragraphs.

If a person is again in the situation referred to in subparagraph 1 of the first paragraph during the extension of the benefit period, the benefit period is extended by the number of weeks that the situation lasts, subject to the third paragraph of section 23 of the Act.

O.C. 986-2005, s. 34; O.C. 841-2007, s. 6; O.C. 129-2011, s. 1.