Special Benefits / Maternity

NOTE: Since January 01, 2006, maternity and parental benefits for Quebec residents are delivered by the Province of Quebec through the Quebec Parental Insurance Plan. The EI Board of Referees has no jurisdiction to rule on QPIP entitlement.

1. major attached?
2. proof of pregnancy?
3. within the maternity window?
4. special benefits already paid?
5. weeks of maternity benefit remaining?

 
Act: sections 12 Employment Insurance Act, 22 Employment Insurance Act; related subsection 6(1) Employment Insurance Act, section 13 Employment Insurance Act.
Regulations: section 41 Employment Insurance Regulations  
Legislation in relation to EI/QPIP entitlement: subsection 23(3.5) Employment Insurance Act and section 153.2 of the Act   Employment Insurance Actand subsections 69(2) and (3) Employment Insurance Act, section 76 of the Regulations   Employment Insurance Regulations 

 

• major attached (600 hours): subsections 6(1) and   Employment Insurance Act 22(1) of the Act.   Employment Insurance Act
• proof of pregnancy: subsection 22(1) of the Act   Employment Insurance Act, section 41 of the Regulations   Employment Insurance Regulations
• "maternity window": subsection 22(2) of the Act.   Employment Insurance Act
  • begins the earlier of: 8 weeks prior to week of Expected Date of Confinement (EDC), or week of Actual Date of Confinement (ADC)
  • ends 17 weeks after the later of: week of EDC or week of ADC
• maximum weeks payable (15 weeks): section 12 of the Act.   Employment Insurance Act

 
Claimant must prove entitlement to maternity benefits: section 22 Employment Insurance Act 

 
BOURDON A-558-95 Judgment Of The Federal Court Of Appeal:  Major attachment requirement

LESIUK A-281-01 Judgment Of The Federal Court Of Appeal(leave to appeal dismissed by Supreme Court [ 29642 Judgement Of The Supreme Court Of Canada]) sections 6 and 7 of the Act do not contravene the Canadian Charter of Rights and Freedoms.,

TOMASSON  A-346-05 Judgment Of The Federal Court Of Appeal: (leave to appeal dismissed by Supreme Court [32298]: Provision for 15 weeks maternity benefits, payable to birth mothers, does not contravene the Charter.  BLISS A-121-77 Judgment Of The Federal Court Of Appeal:  Validity of maternity provisions

SCHAFER SHUB Ontario Court of Appeal Number C-25044 Court Of Appeal For Ontario:  Provision for 15 weeks maternity benefits does not contravene the Charter.

KROCK A-284-99 Judgment Of The Federal Court Of Appeal:  Allocation of severance monies preventing the payment of maternity benefits is not discrimination under section 15 of the Charter.   Canadian Charter Of Rights And Freedoms