Vol. 147, No. 12 — June 5, 2013

Registration

SI/2013-58 June 5, 2013

HELPING FAMILIES IN NEED ACT

Order Fixing June 9, 2013 as the Day on which Certain Provisions of the Act Come into Force

P.C. 2013-566 May 23, 2013

His Excellency the Governor General in Council, on the recommendation of the Minister of Human Resources and Skills Development and the Minister of Labour, pursuant to subsections 37(1) and (4) of the Helping Families in Need Act, chapter 27 of the Statutes of Canada, 2012, fixes June 9, 2013 as the day on which subsection 2(1) and sections 5, 13, 14, 17 to 20 and 22 to 25 of that Act come into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

To fix June 9, 2013, as the day on which subsection 2(1) and sections 5, 13, 14, 17 to 20 and 22 to 25 of the Helping Families in Need Act come into force.

Objective

To bring into force amendments to the Employment Insurance Act (EI Act) for the creation of a new Employment Insurance (EI) benefit for parents of critically ill children (PCIC) and amendments to Part III (Labour Standards) of the Canada Labour Code to provide an unpaid leave to federally regulated employees whose child (under the age of 18) is critically ill.

Background

The Helping Families in Need Act received Royal Assent on December 14, 2012. It amends the EI Act to, among other things, create a new EI benefit for PCIC. Under the PCIC benefit, up to 35 weeks of temporary income support is available to eligible claimants who take time away from work to provide care or support to one or more critically ill children under the age of 18. The benefit will be available to insured workers, self-employed persons who have opted into the EI program and fishers.

Flexibility is a key feature of the new benefit. Eligible claimants can decide to have one individual claim the benefit or decide to share it. When sharing, weeks of benefits can be claimed concurrently or consecutively by eligible parents.

The Helping Families in Need Act also amends Part III (Labour Standards) of the Canada Labour Code to provide an unpaid leave to federally regulated employees whose child (under the age of 18) has a critical illness or injury for which parental care or support is required. The parents of a child can take leaves concurrently or consecutively, as long as the combined duration of the leaves does not exceed 37 weeks within a 52-week period. To qualify for the leave, employees must have completed at least six consecutive months of continuous employment with their employer. They must also notify their employer of the leave as soon as possible and, on request, provide proof of entitlement, such as a medical certificate.

Implications

The new EI benefit for PCIC will help an estimated 6 000 families per year and cost about $60 million per year. This new leave will protect employees’ jobs while they avail themselves of the new EI benefit.

Consultation

Broad consultations on the definition of critically ill, and related medical eligibility criteria, were conducted with the medical community and key stakeholders in May 2012. Six roundtable sessions were held at major centres across the country (Halifax, Montréal, Ottawa-Gatineau, Toronto, Winnipeg, and Edmonton) involving 57 participants, the vast majority of whom were paediatric specialists. Consultations also included national stakeholder groups such as the Canadian Medical Association, Canadian Paediatric Society and Canadian Cancer Society.

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