A-29.011 - Act respecting parental insurance

Section 17 Disposition versions

2024-03-06

17. In the event of the death of a parent, whether the latter is eligible or not under this plan, the weeks of benefits provided for in section 7 or 9 or in subparagraph 1 of the first paragraph of section 12.4 and the weeks of exclusive parental or adoption benefits that have not been paid as at the date of his or her death shall be added to the number of weeks of shareable parental or adoption benefits of the surviving parent, except in the case referred to in the third paragraph of section 15.

The shareable parental benefits payable to the surviving parent from the death are calculated on the basis of the greater of the average weekly earnings of the surviving parent and the average weekly earnings of the deceased parent.

The same applies to the calculation of the shareable adoption benefits, of the welcome and support benefits relating to an adoption and of the welcome benefits relating to a parental project involving surrogacy payable from the death of one of the parents.

The provisions of the first and second paragraphs also apply when the death of the father or of the non-birthing parent occurs 300 days or less before the birth of the child.

In the case of a surrogacy project, despite the first paragraph and subject to the second paragraph of section 15, the weeks of exclusive benefits that have not been paid as at the date of death of the woman or the person who gave birth to the child shall not be added to the weeks to which the parents who are parties to the parental project involving surrogacy may be entitled. Similarly, the weeks of exclusive benefits that have not been paid as at the date of death of those parents or one of them shall not be added to the weeks to which the woman or the person who gave birth to the child may be entitled.

2001, c. 9, s. 17; 2020, c. 23, s. 12; 2023, c. 13, s. 44.

Regarding welcome and support benefits relating to an adoption: effect on 1 December 2020.

2023-06-06

17. In the event of the death of a parent, whether the latter is eligible or not under this plan, the weeks of maternity or paternity benefits and the weeks of exclusive parental or adoption benefits that have not been paid as at the date of his or her death shall be added to the number of weeks of shareable parental or adoption benefits of the surviving parent.

The shareable parental benefits payable to the surviving parent from the death are calculated on the basis of the greater of the average weekly earnings of the surviving parent and the average weekly earnings of the deceased parent.

The same applies to the calculation of the shareable adoption benefits and of the welcome and support benefits relating to an adoption payable from the death of one of the adoptive parents.

The provisions of the first and second paragraphs also apply when the death of the father occurs 300 days or less before the birth of the child.

2001, c. 9, s. 17; 2020, c. 23, s. 12.

Regarding welcome and support benefits relating to an adoption: effect on 1 December 2020.

2021-01-01

17. In the event of the death of a parent, whether the latter is eligible or not under this plan, the weeks of maternity or paternity benefits and the weeks of exclusive parental or adoption benefits that have not been paid as at the date of his or her death shall be added to the number of weeks of shareable parental or adoption benefits of the surviving parent.

The shareable parental benefits payable to the surviving parent from the death are calculated on the basis of the greater of the average weekly earnings of the surviving parent and the average weekly earnings of the deceased parent.

The same applies to the calculation of the shareable adoption benefits and of the welcome and support benefits relating to an adoption payable from the death of one of the adoptive parents.

The provisions of the first and second paragraphs also apply when the death of the father occurs 300 days or less before the birth of the child.

2001, c. 9, s. 17; 2020, c. 23, s. 12.

Regarding welcome and support benefits relating to an adoption: effect on 1 December 2020.

2020-10-29

17. In the event of the death of one of the parents and if at least one of them is eligible under this plan, the number of weeks of maternity or paternity benefits of the deceased parent that were not used on the date of the parent’s death shall be added to the total number of weeks of parental benefits fixed under section 10.

The parental benefits payable to the surviving parent from the death are calculated on the basis of the greater of the average weekly earnings of the surviving parent and the average weekly earnings of the deceased parent.

The same applies to the calculation of the adoption benefits payable from the death of one of the adoptive parents, if at least one of them is eligible under this plan.

The provisions of the first and second paragraphs also apply when the death of the father occurs 300 days or less before the birth of the child.

2001, c. 9, s. 17.

2006-01-01

17. In the event of the death of one of the parents and if at least one of them is eligible under this plan, the number of weeks of maternity or paternity benefits of the deceased parent that were not used on the date of the parent’s death shall be added to the total number of weeks of parental benefits fixed under section 10.

The parental benefits payable to the surviving parent from the death are calculated on the basis of the greater of the average weekly earnings of the surviving parent and the average weekly earnings of the deceased parent.

The same applies to the calculation of the adoption benefits payable from the death of one of the adoptive parents, if at least one of them is eligible under this plan.

The provisions of the first and second paragraphs also apply when the death of the father occurs 300 days or less before the birth of the child.

2001, c. 9, s. 17.