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

Section 31.2 Disposition versions

2016-11-10

31.2. The qualifying period of a person who, during the 52 weeks preceding the benefit period, had insurable earnings while being unable to have other insurable earnings for one of the following reasons, is the 52-week period preceding the first week before the benefit period in which the latest inability occurs:

(1)  the person was incapable of working, provided that the incapacity

(a)  results from illness, injury, quarantine or pregnancy;

(b)  results from detention in a prison, a penitentiary or another similar institution;

(c)  has given the person entitlement to assistance in the form of employment benefits under a plan established by the Employment Insurance Act (S.C. 1996, c. 23) or under an employment assistance measure implemented by the Minister of Employment and Social Solidarity; or

(d)  results from a strike or lock out;

(2)  the person was receiving benefits under this plan or the employment insurance plan in respect of the arrival of a child, or would have received such benefits had there been no waiting period;

(3)  the person was receiving indemnities under the Act respecting occupational health and safety (chapter S-2.1) because continuation of the person’s work entailed physical dangers for the person or physical dangers for the person’s unborn child or the child the person was breast-feeding;

(4)  the person was receiving regular employment insurance benefits or special benefits under the Employment Insurance Act; or

(5)  the person was receiving income replacement indemnities, paid under a statute or a wage-loss indemnity plan.

Such a qualifying period is established on request if the person proves to the satisfaction of the Minister that the person was in one of the situations referred to in the first paragraph.

The qualifying period of the person may be extended in the cases and on the conditions set out in section 32 but may not, once extended, exceed the 104th week preceding the benefit period.

This section does not apply where, in the last 26 weeks of the person’s qualifying period with insurable earnings, the person was not unable to have other insurable earnings for one of the reasons referred to in the first paragraph.

This section does not apply when income from a business or as a family-type resource or intermediate resource is taken into account.

O.C. 374-2006, s. 2; O.C. 1074-2009, s. 4; O.C. 1209-2011, s. 6; O.C. 677-2012, s. 1.

2012-09-01

31.2. The qualifying period of a person who, during the 52 weeks preceding the benefit period, had insurable earnings while being unable to have other insurable earnings for one of the following reasons, is the 52-week period preceding the first week before the benefit period in which the latest inability occurs:

(1)  the person was incapable of working, provided that the incapacity

(a)  results from illness, injury, quarantine or pregnancy;

(b)  results from detention in a prison, a penitentiary or another similar institution;

(c)  has given the person entitlement to assistance in the form of employment benefits under a plan established by the Employment Insurance Act (S.C. 1996, c. 23) or under an employment assistance measure implemented by Emploi-Québec; or

(d)  results from a strike or lock out;

(2)  the person was receiving benefits under this plan or the employment insurance plan in respect of the arrival of a child, or would have received such benefits had there been no waiting period;

(3)  the person was receiving indemnities under the Act respecting occupational health and safety (chapter S-2.1) because continuation of the person’s work entailed physical dangers for the person or physical dangers for the person’s unborn child or the child the person was breast-feeding;

(4)  the person was receiving regular employment insurance benefits or special benefits under the Employment Insurance Act; or

(5)  the person was receiving income replacement indemnities, paid under a statute or a wage-loss indemnity plan.

Such a qualifying period is established on request if the person proves to the satisfaction of the Minister that the person was in one of the situations referred to in the first paragraph.

The qualifying period of the person may be extended in the cases and on the conditions set out in section 32 but may not, once extended, exceed the 104th week preceding the benefit period.

This section does not apply where, in the last 26 weeks of the person’s qualifying period with insurable earnings, the person was not unable to have other insurable earnings for one of the reasons referred to in the first paragraph.

This section does not apply when income from a business or as a family-type resource or intermediate resource is taken into account.

O.C. 374-2006, s. 2; O.C. 1074-2009, s. 4; O.C. 1209-2011, s. 6; O.C. 677-2012, s. 1.