Relieving Grieving Parents of an Administrative Burden Act (Evan's Law)

This bill, known as Evan's Law, changes federal rules that affect parents whose child dies while they are receiving parental benefits or leave.

First, it amends the Employment Insurance Act so that a parent receiving EI benefits to care for a newborn or newly adopted child continues to receive those benefits for the rest of the original benefit period even if the child dies. Currently, a child's death can cut off eligibility partway through; under this change the parent is treated as if they were still caring for the child until the benefit period would have ended. The same protection is extended to self-employed people receiving similar special EI benefits. Parents in this situation also won't be required to file a new claim or submit reports to keep proving their eligibility, removing paperwork burden during a period of grief. This protection does not apply if the child's death resulted from a crime for which the parent is convicted.

Second, the bill amends the Canada Labour Code, which covers federally regulated employees, to lengthen bereavement leave after the death of an employee's child (or their spouse's or common-law partner's child). Employees get up to 10 weeks of leave, to be taken within a window of 12 weeks after the funeral, burial, or memorial service. If the child dies while the employee is on, or entitled to take, leave related to that child under another section of the Code, the window instead runs 12 weeks from the end of that other leave, whichever is later.

The bill includes transitional rules so employees already partway through the old leave period, or already on related leave, are covered by the new, longer rules. It comes into force six months after receiving royal assent, or earlier if the government sets an earlier date by order.

This bill amends the Employment Insurance Act and the Canada Labour Code to change how EI parental/adoption benefits and job-protected bereavement leave apply when a child dies.

• EI benefit continuation — a claimant (employee or self-employed person) receiving EI benefits to care for a newborn or newly adopted child is deemed to continue caring for the child for the rest of the original benefit period even if the child dies, so payments continue without interruption.
• Removal of reporting requirement — such a claimant is not required to file a new claim or submit a report to prove continued eligibility, despite any other provision of the EI Act.
• Exception for criminal cases — the continued-benefits provision does not apply if the child's death resulted from an offence for which the claimant is convicted.
• Extended bereavement leave — the Canada Labour Code is amended to entitle a federally regulated employee to up to 10 weeks of leave following the death of their child or their spouse/common-law partner's child, running from the death until 12 weeks after the funeral, burial, or memorial service (or, if the employee was already on leave under section 206, 12 weeks after that leave ends, whichever is later).
• Transitional rules — employees already mid-leave or on section 206 leave when the amendment takes effect are covered by the new rules, and those who already used two periods of leave under the prior subsection 210(1.2) may take one additional period.
• Coming into force — the Act takes effect the first Sunday after six months following royal assent, or earlier if fixed by order of the Governor in Council (Cabinet), leaving the exact start date to Cabinet's discretion within that window.