Question Period Note: NEW EMPLOYMENT INSURANCE BENEFIT FOR ADOPTIVE PARENTS

On November 21, 2023, the Fall Economic Statement announced that a 15-week shareable adoption benefit would be introduced in the Employment Insurance (EI) program. Parents who form their family through surrogacy would also be eligible for this benefit.

On November 21, 2023, the Minister of Finance announced that a new, 15-week shareable benefit for parents through adoption or surrogacy would be introduced in the EI program.

The new benefit will provide parents through adoption and surrogacy with additional EI support for their responsibilities related to the placement or arrival of the child and making the program more inclusive for all types of Canadian families.

Once this new benefit is in place, parents through adoption and surrogacy will have access to the same total number of weeks of EI income support as birth parents, combining this benefit with the existing EI parental benefits.

The existing EI parental benefit provides temporary income support to qualifying parents who take a leave from work to care for their newborn or newly adopted child or children. This benefit is available to biological parents as well as to parents through adoption or surrogacy. Parents can share the benefit and choose between the standard option (up to 40 weeks, if shared) or the extended option (up to 69 weeks, if shared).

The EI maternity benefit provides up to 15 weeks of income support to qualifying workers who are pregnant or who have recently given birth in order to support their recovery. As such, the maternity benefit is not available to adoptive parents or parents through surrogacy.

Amendments to the Employment Insurance Act and the Canada Labour Code, as well as to their respective regulations are required to implement the new benefit and corresponding job-protected leave.

Once this new benefit is place, parents through adoption or surrogacy would be able to combine it with the existing EI parental benefit, making the total number of weeks of EI income support the same as that of birth parents (who can combine maternity and parental benefits). As a result, both groups would have a maximum total of 55 weeks (when standard parental benefits are shared) or 84 weeks (if extended parental benefits are shared). It is proposed, subject to legislative approvals, that the benefit could be paid up to five weeks before the week of the expected placement for the purpose of adoption or arrival of the child, and no later than 17 weeks after the week in which the placement or arrival occurred. The proposed legislation will provide more details on the parameters of the benefit and the coming into force process.

Introduced on March 8, 2023, by MP Rosemarie Falk (Battleford-Lloydminster, Conservative Party of Canada), Private Member’s Bill C-318 aims to amend the Employment Insurance Act and leave provisions in the Canada Labour Code to introduce a similar benefit. Bill C-318 targets a similar population group with the same benefit length and qualifying criteria as the new benefit, but they differ in policy intent (C-318 focused on attachment of the child which is similar to parental benefit).

With the opposition parties in support of the measure, on September 20, 2023, Bill C-318 was referred for study by the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA).

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