Vol. 147, No. 12 — June 5, 2013

Registration

SOR/2013-103 May 24, 2013

EMPLOYMENT INSURANCE ACT

Regulations Amending the Employment Insurance (Fishing) Regulations

P.C. 2013-570 May 23, 2013

RESOLUTION

The Canada Employment Insurance Commission, pursuant to section 153 of the Employment Insurance Act (see footnote a), makes the annexed Regulations Amending the Employment Insurance (Fishing) Regulations.

May 22, 2013

IAN SHUGART
Chairperson
Canada Employment Insurance Commission
MARY-LOU DONNELLY
Commissioner (Workers)
Canada Employment Insurance Commission
JUDITH ANDREW
Commissioner (Employers)
Canada Employment Insurance Commission

His Excellency the Governor General in Council, on the recommendation of the Minister of Human Resources and Skills Development, pursuant to section 153 of the Employment Insurance Act (see footnote b), approves the annexed Regulations Amending the Employment Insurance (Fishing) Regulations, made by the Canada Employment Insurance Commission.

REGULATIONS AMENDING THE EMPLOYMENT INSURANCE (FISHING) REGULATIONS

AMENDMENTS

1. (1) Subsection 8(11.1) of the Employment Insurance (Fishing) Regulations (see footnote 1) is replaced by the following:

(11.1) Despite subsection (11) and subject to the applicable maximums referred to in subsections (17) and (18), a fisher’s benefit period shall be extended by one week for each week in respect of which the fisher is entitled to special benefits under section 21, 22, 23, 23.1 or 23.2 of the Act, but shall not exceed a maximum of 52 weeks.

(2) Subsections 8(11.3) to (11.5) of the Regulations are replaced by the following:

(11.21) Despite subsection (11) and subject to the applicable maximums referred to in subsections (17) and (18), if, during the period referred to in subsection 23(2) of the Act, the start date of a fisher’s period of parental leave is deferred or a fisher is directed to return to duty from parental leave, in accordance with regulations made under the National Defence Act, the fisher’s benefit period is extended by the number of weeks during which the fisher’s parental leave is deferred or the fisher is directed to return to duty, as the case may be.

(11.3) Despite subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher’s benefit period, benefits were not paid to the fisher under subsection (12), benefits were paid to the fisher for more than one of the reasons mentioned in paragraphs 12(3)(a) to (e) of the Act and at least one of those benefits was paid for fewer than the applicable maximum number of weeks established for those reasons, and the maximum total number of weeks established for those reasons is greater than 50, the benefit period is extended so that those benefits may be paid up to that maximum total number of weeks.

(11.4) Subject to subsection (11.5), an extension under any of subsections (11.1) to (11.3) shall not result in a benefit period of more than 104 weeks.

(11.5) Unless the benefit period is also extended under any of subsections (11.1) to (11.21), an extension under subsection (11.3) shall not result in a benefit period of more than the sum of two weeks and the total of the maximum number of weeks set out in subsection 12(3) of the Act for each of the benefits paid to the fisher for one of the reasons mentioned in paragraphs 12(3)(a) to (e) of the Act during the fisher’s benefit period before it was extended under subsection (11.3).

(3) Subsection 8(14) of the Regulations is replaced by the following:

(14) A benefit period established under subsection (1) or (6) shall not be extended beyond the date determined in accordance with any of subsections (11) to (11.3).

(4) The portion of subsection 8(17.1) of the French version of the Regulations before paragraph (b) is replaced by the following:

(17.1) Pour l’application du paragraphe (17) :

(5) Subsection 8(17.1) of the Regulations is amended by adding “and” at the end of paragraph (a) and by replacing paragraphs (b) to (d) with the following:

2. (1)Subsection 12(3) of the Regulations is replaced by the following:

(3) Subject to subsection (4), sections 22 to 23.2 of the Act apply to the payment of special benefits under this section.

(2) Paragraph 12(4)(b) of the Regulations is replaced by the following:

3. Section 14.4 of the Regulations is replaced by the following:

14.4 For the purpose of extending a fisher’s benefit period under subsection 8(11.3),

COMING INTO FORCE

4. These Regulations come into force on the later of the day on which sections 13, 14, 17 to 20 and 22 to 25 of the Helping Families in Need Act, chapter 27 of the Statutes of Canada, 2012, come into force and the Sunday after the 10th sitting day after the day on which they are tabled in the House of Commons.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue

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

Access to the new PCIC benefit is based on existing eligibility requirements for other EI special benefits (sickness, maternity, parental and compassionate care). Thus, insured persons require 600 hours of insurable employment within their qualifying period to be eligible. Self-employed persons need to have paid EI premiums for at least one year and earned a minimum amount in self-employment earnings during the calendar year preceding the year they submit their claim. Fishers need to earn a minimum of $3,760 from employment as a fisher during their qualifying period.

In addition, for a claimant to qualify for the PCIC benefit, a medical certificate is required attesting that the child is critically ill or injured. The certificate must be completed and signed by a medical doctor who is licensed to practice medicine in Canada as a specialist.

Policy parameters, including eligibility conditions, weeks of benefit entitlement, provisions for the extension of the length of the benefit period, as well as the maximum number of weeks of special benefits have been created or amended through the Helping Families in Need Act.

Consequential amendments to the Employment Insurance (Fishing) Regulations (EI Fishing Regulations) are required to align them with the EI Act and the Employment Insurance Regulations (EI Regulations) and to ensure that fishers receive the same treatment as other EI claimants. Amendments to the EI Regulations have been made concurrently.

One additional amendment is also being made to adjust for an oversight when the EI Fishing Regulations were previously amended. This is in respect to changes to the EI Act that were made in 2010 allowing for an extension of the benefit period for members of the Canadian Forces which were not mirrored in the Fishing Regulations.

Regulation-making authority to maintain the Fishing Regulations in alignment with the EI Act and the EI Regulations exists under section 153 of the EI Act.

Objectives

Description

The Fishing Regulations are amended to

  1. Ensure fishers are treated the same as other EI claimants by
    • Adding a reference to the PCIC benefit whenever other special benefits (maternity, parental, sickness and compassionate care) are mentioned; and
    • Providing that fishers claiming the PCIC benefit and covered by a provincial plan are treated in the same manner with regard to benefit period extensions as all other claimants covered by a provincial plan.
  2. Adjust for an oversight by
    • Adding a new subsection to mirror previous changes to the EI Act, pursuant to the Fairness for Military Families (Employment Insurance) Act, to allow for an extension of the benefit period for fishers who are members of the Canadian Forces, whose parental leave is deferred or who were directed to return to duty from parental leave.

“One-for-One” Rule

The “One-for-One” Rule does not apply, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply, as there are no costs on small business.

Rationale

Overall, amendments to the EI Fishing Regulations are required to support the full implementation of the amendments to the EI Act creating the new EI benefit for PCIC and to ensure that fishers are treated the same as other claimants.

The first set of amendments aligns the PCIC benefit with the other EI special benefits in order to treat it as the other ones in the amended EI Act and EI Regulations. In addition to referencing PCIC where other special benefits in the regulations are mentioned, another amendment ensures that fishers claiming PCIC and that are covered by a provincial plan are treated in the same manner with regard to benefit period extensions as all other claimants covered by a provincial plan.

The second above-mentioned amendment adjusts for an oversight in previous amendments to the EI Fishing Regulations: the addition of a new subsection to mirror previous changes to the EI Act to address the situation where a fisher’s parental leave is deferred or interrupted because of military duty, ensuring the fisher receives the same treatment as any other claimant in this circumstance. While no issues have been raised to date, this coordinating adjustment should be made in order to ensure equal treatment for fishers and avoid potential problems.

Implementation, enforcement and service standards

Existing implementation and enforcement mechanisms contained in Human Resources and Skills Development Canada’s adjudication and control procedures will ensure that these regulatory amendments are implemented effectively and efficiently.

Contact

Jean-François Roussy
Director
Self-Employed, Special Benefits and Horizontal Policy
Employment Insurance Policy
Skills and Employment Branch
Human Resources and Skills Development Canada
140 Promenade du Portage
Gatineau, Quebec
K1A 0J9
Telephone: 819-956-3717
Fax: 819-934-6631
Email: jeanfrancois.roussy@hrsdc-rhdcc.gc.ca