A-29.011 - Act respecting parental insurance

Section 18 Disposition versions

2024-03-06

18. The amount of the weekly benefits shall be equal to the following percentage of the average weekly earnings, calculated in accordance with this division:

(1)  70% for the weeks of maternity benefits or exclusive benefits for the person, in connection with pregnancy or delivery, and the weeks of paternity benefits or exclusive benefits for the non-birthing parent, the first seven weeks of shareable parental benefits provided for in section 10, the weeks of exclusive parental benefits for each parent provided for in section 10.1 and the weeks of shareable parental benefits added under the first paragraph of section 17;

(1.1)  70% for the weeks of exclusive benefits for the woman or the person who has agreed to give birth to a child, the weeks of paternity benefits or of exclusive benefits for each non-birthing parent, the first seven weeks of shareable parental benefits provided for in section 12.4, the weeks of exclusive parental benefits for each of the parents provided for in section 12.5 and the weeks of shareable parental benefits added under the first paragraph of section 17;

(2)  70% for the weeks of exclusive adoption benefits for each parent, the first seven weeks of shareable adoption benefits provided for in section 11, the weeks of exclusive adoption benefits for each parent provided for in section 11.1 and the weeks of shareable adoption benefits added under the first paragraph of section 17;

(3)  70% for the weeks of exclusive parental or adoption benefits provided for in sections 10.2, 11.2 and 12.6;

(4)  70% for the weeks of welcome and support benefits relating to an adoption provided for in section 12.1;

(4.1)  70% for the weeks of welcome benefits relating to a parental project involving surrogacy provided for in section 12.8;

(5)  55% for the additional weeks of shareable parental or adoption benefits provided for in sections 10.3, 11.3 and 12.7; and

(6)  55% for the other weeks of shareable parental or adoption benefits provided for in sections 10, 11 and 12.4.

Despite the first paragraph, a person may, subject to the terms and conditions prescribed by regulation of the Conseil de gestion, elect to receive weekly benefits equal to 75% of the person’s average weekly earnings for a lesser number of weeks of benefits.

The election made by the parent whose application for benefits is received first in respect of a birth or adoption shall apply to the other parent’s application. In the case of a surrogacy project, the election made by the woman or the person who gave birth to the child shall not apply to the application made by the parent who is a party to the parental project involving surrogacy, except in the case provided for in the second paragraph of section 15. Furthermore, the parent referred to in the third paragraph of section 15 shall not be bound by the election made by the other parent. Except in exceptional circumstances, an election is irrevocable.

2001, c. 9, s. 18; 2020, c. 23, s. 14; 2023, c. 13, s. 45.

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

2023-06-06

18. The amount of the weekly benefits shall be equal to the following percentage of the average weekly earnings, calculated in accordance with this division:

(1)  70% for the weeks of maternity and paternity benefits, the first seven weeks of shareable parental benefits provided for in section 10, the weeks of exclusive parental benefits for each parent provided for in section 10.1 and the weeks of shareable parental benefits added under the first paragraph of section 17;

(2)  70% for the weeks of exclusive adoption benefits for each parent, the first seven weeks of shareable adoption benefits provided for in section 11, the weeks of exclusive adoption benefits for each parent provided for in section 11.1 and the weeks of shareable adoption benefits added under the first paragraph of section 17;

(3)  70% for the weeks of exclusive parental or adoption benefits provided for in sections 10.2 and 11.2;

(4)  70% for the weeks of welcome and support benefits relating to an adoption provided for in section 12.1;

(5)  55% for the additional weeks of shareable parental or adoption benefits provided for in sections 10.3 and 11.3; and

(6)  55% for the other weeks of shareable parental or adoption benefits provided for in sections 10 and 11.

Despite the first paragraph, a person may, subject to the terms and conditions prescribed by regulation of the Conseil de gestion, elect to receive weekly benefits equal to 75% of the person’s average weekly earnings for a lesser number of weeks of benefits.

The election made by the parent whose application for benefits is received first in respect of a birth or adoption shall apply to the other parent’s application. Except in exceptional circumstances, an election is irrevocable.

2001, c. 9, s. 18; 2020, c. 23, s. 14.

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

2022-01-01

18. The amount of the weekly benefits shall be equal to the following percentage of the average weekly earnings, calculated in accordance with this division:

(1)  70% for the weeks of maternity and paternity benefits, the first seven weeks of shareable parental benefits provided for in section 10, the weeks of exclusive parental benefits for each parent provided for in section 10.1 and the weeks of shareable parental benefits added under the first paragraph of section 17;

(2)  70% for the weeks of exclusive adoption benefits for each parent, the first seven weeks of shareable adoption benefits provided for in section 11, the weeks of exclusive adoption benefits for each parent provided for in section 11.1 and the weeks of shareable adoption benefits added under the first paragraph of section 17;

(3)  70% for the weeks of exclusive parental or adoption benefits provided for in sections 10.2 and 11.2;

(4)  70% for the weeks of welcome and support benefits relating to an adoption provided for in section 12.1;

(5)  55% for the additional weeks of shareable parental or adoption benefits provided for in sections 10.3 and 11.3; and

(6)  55% for the other weeks of shareable parental or adoption benefits provided for in sections 10 and 11.

Despite the first paragraph, a person may, subject to the terms and conditions prescribed by regulation of the Conseil de gestion, elect to receive weekly benefits equal to 75% of the person’s average weekly earnings for a lesser number of weeks of benefits.

The election made by the parent whose application for benefits is received first in respect of a birth or adoption shall apply to the other parent’s application. Except in exceptional circumstances, an election is irrevocable.

2001, c. 9, s. 18; 2020, c. 23, s. 14.

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

2021-01-01

18. The amount of the weekly benefits shall be equal to the following percentage of the average weekly earnings, calculated in accordance with this division:

(1)  70% for the weeks of maternity and paternity benefits, the first seven weeks of shareable parental benefits provided for in section 10, the weeks of exclusive parental benefits for each parent provided for in section 10.1 and the weeks of shareable parental benefits added under the first paragraph of section 17;

(2)  70% for the weeks of exclusive adoption benefits for each parent, the first seven weeks of shareable adoption benefits provided for in section 11, the weeks of exclusive adoption benefits for each parent provided for in section 11.1 and the weeks of shareable adoption benefits added under the first paragraph of section 17;

In force: 2022-01-01

(3)  70% for the weeks of exclusive parental or adoption benefits provided for in sections 10.2 and 11.2;

(4)  70% for the weeks of welcome and support benefits relating to an adoption provided for in section 12.1;

(5)  55% for the additional weeks of shareable parental or adoption benefits provided for in sections 10.3 and 11.3; and

(6)  55% for the other weeks of shareable parental or adoption benefits provided for in sections 10 and 11.

Despite the first paragraph, a person may, subject to the terms and conditions prescribed by regulation of the Conseil de gestion, elect to receive weekly benefits equal to 75% of the person’s average weekly earnings for a lesser number of weeks of benefits.

The election made by the parent whose application for benefits is received first in respect of a birth or adoption shall apply to the other parent’s application. Except in exceptional circumstances, an election is irrevocable.

2001, c. 9, s. 18; 2020, c. 23, s. 14.

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

2020-10-29

18. The amount of weekly benefits shall be equal to the following percentage of the average weekly earnings, calculated in accordance with this division, of the person entitled thereto:

(1)  70% for the 18 weeks of maternity benefits, the five weeks of paternity benefits and the first seven weeks of parental benefits, and for the first 12 weeks of adoption benefits;

(2)  55% for the remaining weeks of parental or adoption benefits.

Notwithstanding the first paragraph, a person may, on the conditions prescribed in a regulation of the Conseil de gestion, elect for weekly benefits equal to 75% of the person’s average weekly earnings. The maximum number of weeks of benefits shall be, in that case, 15 for maternity benefits, three for paternity benefits, 25 for parental benefits and 28 for adoption benefits.

An election made by a parent who is the first to receive benefits in respect of a birth or adoption applies to the benefits of the other parent. Except in exceptional circumstances, an election is irrevocable.

2001, c. 9, s. 18.

2006-01-01

18. The amount of weekly benefits shall be equal to the following percentage of the average weekly earnings, calculated in accordance with this division, of the person entitled thereto:

(1)  70 % for the 18 weeks of maternity benefits, the five weeks of paternity benefits and the first seven weeks of parental benefits, and for the first 12 weeks of adoption benefits;

(2)  55 % for the remaining weeks of parental or adoption benefits.

Notwithstanding the first paragraph, a person may, on the conditions prescribed in a regulation of the Conseil de gestion, elect for weekly benefits equal to 75 % of the person’s average weekly earnings. The maximum number of weeks of benefits shall be, in that case, 15 for maternity benefits, three for paternity benefits, 25 for parental benefits and 28 for adoption benefits.

An election made by a parent who is the first to receive benefits in respect of a birth or adoption applies to the benefits of the other parent. Except in exceptional circumstances, an election is irrevocable.

2001, c. 9, s. 18.