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A-29.011, r. 2 - Regulation under the Act respecting parental insurance
Section 17
Disposition versions
17. For the purposes of section 17.1 of the Act, the applicable plan is determined on the basis of the place of residence of each parent at the time when the first of the two parents files an application for benefits under this plan or the employment insurance plan in respect of the arrival of a child.
In such case, each week of shareable parental or adoption benefits taken by the other parent under the employment insurance plan is subtracted from the maximum number of shareable parental or adoption benefit weeks provided for in section 10, subparagraph 2 of the first paragraph of section 11, and subparagraph 2 of the first paragraph of section 12.4 of the Act.
If there is no agreement between the parents, the number of unused weeks is reduced by half. If that number is odd, the remaining week is allocated to the parent who is resident in Québec if that parent was the first to file a claim for benefits.
17. For the purposes of section 17.1 of the Act, the applicable plan is determined on the basis of the place of residence of each parent at the time when the first of the two parents files an application for benefits under this plan or the employment insurance plan in respect of the arrival of a child.
In such case, each week of shareable parental or adoption benefits taken by the other parent under the employment insurance plan is subtracted from the maximum number of shareable parental or adoption benefit weeks provided for in sections 10 and 11 of the Act.
If there is no agreement between the parents, the number of unused weeks is reduced by half. If that number is odd, the remaining week is allocated to the parent who is resident in Québec if that parent was the first to file a claim for benefits.
17. Despite the second paragraph of section 17.1 of the Act, the application to a parent of the plan established under the Act respecting parental insurance (chapter A-29.011) does not entail the application of that plan to the parent who is not resident in Québec at the time a first claim for benefits is filed under the parental insurance plan.
In such case, each week of parental or adoption benefits taken by the other parent under the employment insurance plan is subtracted from the maximum number of benefit weeks provided for in sections 10 and 11 of the Act.
If there is no agreement between the parents, the number of unused weeks is reduced by half. If that number is odd, the remaining week is allocated to the parent who is resident in Québec if that parent was the first to file a claim for benefits.
