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

Section 32 Disposition versions

2016-11-10

32. The qualifying period of a person may be extended by the number of full weeks comprised in that period and for which the person proves to the Minister’s satisfaction that he or she was unable to have insurable earnings for any of the following reasons:

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

(a)  results from illness, injury, quarantine or pregnancy, even if the person received income replacement indemnities under a statute or a group wage-loss indemnity plan, paid solely by a third party during that period;

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

(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 the parental insurance 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, and was not receiving other insurable earnings during that period;

(3)  the person was receiving indemnities under the Act respecting occupational health and safety (chapter S-2.1) by reason of the fact that the person had ceased to work because continuation of work entailed physical dangers for the person, 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.

The qualifying period of a person who, during the extension of the person’s qualifying period, is again in a situation referred to in the first paragraph is extended by the number of weeks that the situation lasts, subject to the second paragraph of section 20 of the Act.

This section does not apply to the qualifying period referred to in section 31.

O.C. 986-2005, s. 32.

2012-09-01

32. The qualifying period of a person may be extended by the number of full weeks comprised in that period and for which the person proves to the Minister’s satisfaction that he or she was unable to have insurable earnings for any of the following reasons:

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

(a)  results from illness, injury, quarantine or pregnancy, even if the person received income replacement indemnities under a statute or a group wage-loss indemnity plan, paid solely by a third party during that period;

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

(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 the parental insurance 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, and was not receiving other insurable earnings during that period;

(3)  the person was receiving indemnities under the Act respecting occupational health and safety (chapter S-2.1) by reason of the fact that the person had ceased to work because continuation of work entailed physical dangers for the person, 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.

The qualifying period of a person who, during the extension of the person’s qualifying period, is again in a situation referred to in the first paragraph is extended by the number of weeks that the situation lasts, subject to the second paragraph of section 20 of the Act.

This section does not apply to the qualifying period referred to in section 31.

O.C. 986-2005, s. 32.