A-29.011 - Act respecting parental insurance

Section 14 Disposition versions

2024-03-06

14. The benefits payable under this plan, except benefits provided for in sections 7 and 12.2, shall be granted only if the parent ensures a regular presence to take care of the child whose birth or adoption gives entitlement to the payment of benefits.

If the parent no longer ensures a regular presence with the child, the child is deemed to be present with the parent until the end of the week in which separation occurs or, if the child is deceased, until the end of the second week following the week of the child’s death.

In the case of a surrogacy project, the fact that the child is entrusted by the woman or the person who gave birth to the child to the parents who are parties to the parental project involving surrogacy or the fact that the child is subsequently entrusted by those parents to the woman or the person who gave birth to the child, as the case may be, is deemed to be a separation.

If the child is hospitalized, the child is deemed to be present with the parent throughout the child’s hospitalization, except in the case where the child was born in the context of a surrogacy project and separation has occurred.

When two or more weeks of benefits provided for in section 7 or 12.2 are payable after the week of the child’s death, the presumption of presence provided for in the second paragraph does not apply to the mother or to the person who gave birth to the child. If only one of those weeks of benefits remains payable after the week of the child’s death, the child shall be deemed to be present with the mother or the person who gave birth to the child during the second week following the week of the child’s death, except if the child was born in the context of a surrogacy project and separation has occurred.

In the case of the birth of more than one child as a result of a single pregnancy or in the case of the adoption of more than one child at the same time, entitlement to exclusive benefits under sections 10.1, 11.1 and 12.5 ends as of the end of the week in which the parent ensures a regular presence with only one of those children or, in the case of a surrogacy project, as of the end of the week in which separation occurs. However, in the event of a child’s death, the child is deemed to be present with the parents until the end of the second week following the week of the child’s death, except in the case where the child was born in the context of a surrogacy project and separation has occurred.

2001, c. 9, s. 14; 2020, c. 23, s. 9; 2023, c. 13, s. 40.

2023-06-06

14. The benefits payable under this plan, except maternity benefits, shall be granted only if the parent ensures a regular presence to take care of the child whose birth or adoption gives entitlement to the payment of benefits. If the child is hospitalized, the child is deemed to be present with the parent throughout the child’s hospitalization.

If the parent no longer ensures a regular presence with the child, the child is deemed to be present with the parent until the end of the week in which the separation occurs or, if the child is deceased, until the end of the second week following the week of the child’s death.

However, when two or more weeks of maternity benefits are payable after the week of the child’s death, the presumption of presence provided for in the second paragraph does not apply to the mother. If only one week of maternity benefits remains payable after the week of the child’s death, the child shall be deemed to be present with the mother during the second week following the week of the child’s death.

In the case of the birth of more than one child as a result of a single pregnancy or in the case of the adoption of more than one child at the same time, entitlement to exclusive benefits under sections 10.1 and 11.1 ends as of the end of the week in which the parent ensures a regular presence with only one of those children. However, in the event of a child’s death, the child shall be deemed to be present with the parents until the end of the second week following the week of the child’s death.

2001, c. 9, s. 14; 2020, c. 23, s. 9.

2020-10-29

14. The benefits payable under this plan, except maternity benefits, shall be granted only if the parent ensures a regular presence to take care of the child whose birth or adoption gives entitlement to the payment of benefits. If the child is hospitalized, the child is deemed to be present with the parent throughout the child’s hospitalization.

If the parent no longer ensures a regular presence with the child, the child is deemed to be present with the parent until the end of the week in which the separation occurs or, if the child is deceased, until the end of the second week following the week of the child’s death.

However, when two or more weeks of maternity benefits are payable after the week of the child’s death, the presumption of presence provided for in the second paragraph does not apply to the mother. If only one week of maternity benefits remains payable after the week of the child’s death, the child shall be deemed to be present with the mother during the second week following the week of the child’s death.

In the case of the birth of more than one child as a result of a single pregnancy or in the case of the adoption of more than one child at the same time, entitlement to exclusive benefits under sections 10.1 and 11.1 ends as of the end of the week in which the parent ensures a regular presence with only one of those children. However, in the event of a child’s death, the child shall be deemed to be present with the parents until the end of the second week following the week of the child’s death.

2001, c. 9, s. 14; 2020, c. 23, s. 9.

2006-01-01

14. The benefits payable under this plan, except maternity benefits, shall be granted only if the parent normally lives with the child whose birth or adoption gives entitlement to the payment of benefits. If the child is hospitalized, the child is deemed to be present with the parent throughout the child’s hospitalization.

If the child dies or ceases to live with the parent, the child is deemed to be present with the parent until the end of the week of death or separation.

2001, c. 9, s. 14.