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

Bill C-222, Relieving Grieving Parents of an Administrative Burden Act (Evan's Law) · Report stage · now at second reading in the Senate Where it stands

What Bill C-222 would do

The bill would allow a person receiving Employment Insurance benefits to care for a newborn or newly adopted child to keep receiving those benefits if the child dies during that period. It would also amend the Canada Labour Code so that an employee remains entitled to maternity or parental leave if the child dies during their leave.

Official text (opens in a new tab)

1 statement

Braedon Clark, Sackville—Bedford—Preston

Liberal
“I want the House to pass this bill. Right now, parental benefits stop if a child dies, and grieving parents must deal with paperwork and repay money. This bill lets parents keep their benefits and time off work so they can grieve without stress.”
Official Hansard

Mr. Speaker, I am honoured to rise today to speak in support of Bill C-222, an act to amend the Employment Insurance Act and the Canada Labour Code regarding the death of a child, also known as Evan’s law. I am pleased that all members who spoke during the first hour of debate of report stage expressed their support for the proposed amendments. The revised bill demonstrates that members of Parliament share a deep commitment to Canadian parents and a common understanding that when a parent faces the unimaginable loss of a child, they expect compassion, dignity and care from us. Nothing in life is as profoundly devastating as the death of a child. It completely turns the parents’ life upside down. In such moments, parents are consumed by their grief. Bureaucracy, money and work should not stand in the way of their recovery, yet under the current framework, they often do. This is not intentional and is what Bill C-222 aims to fix. The hon. member for Burnaby North—Seymour deserves thanks for his leadership and perseverance in seeing this through and for his unwavering support to many parents across Canada. I would also like to thank the many colleagues, stakeholders, witnesses and advocates who all contributed greatly to the development and improvement of this important bill. Their voices have been essential in shaping a bill that truly reflects the reality faced by grieving parents. Our government has long recognized that balancing family and work obligations can be challenging for Canadians raising children, in addition to the financial stress that can come with it. Every parent’s situation is unique, and our support systems should be able to adapt as much as possible. Over the years, we have taken important steps to modernize EI maternity and parental benefits so that parents have more flexibility. This includes allowing maternity benefits to begin earlier, up to 12 weeks before the due date, compared to the previous eight weeks, if mothers need to begin receiving benefits earlier. It also includes offering parents a choice between standard or extended parental benefits and providing more weeks of benefits for parents who share them. These measures reflect an effort to build an EI system that is responsive, flexible and sustainable and that supports families through major life events. Grieving the death of a child is a major life event that the current EI system does not provide enough flexibility and compassion for. Losing a child is a tragedy that requires a compassionate and thoughtful response. This is exactly what the amended Bill C-222 aims to fix. Currently when a child passes away, EI parental benefits stop. If parents do not notify Service Canada, they may unknowingly incur an overpayment and therefore have to repay. Parents can transition to EI sickness benefits, but they are required to report every two weeks. This is an administrative burden that is often overwhelming for grieving parents. This is not the compassion and understanding that Canadians rightly expect from their institutions. That is why Bill C-222, with the amendments before us, aims to correct the situation. It proposes that parental benefits may continue following the death of a child, alleviating the need for parents to navigate complex administrative processes at a time when they are least able to do so. It would allow EI parental benefits to continue for up to the maximum duration already established, which is up to 40 weeks for those who select standard benefits and up to 69 weeks for those who select extended parental benefits. More importantly, for parents who would be near the end of their benefits when their child passes away, the amended bill would ensure that eligible parents may receive up to five additional weeks of benefits as bereavement support. This provision would apply to both the standard and the extended benefits that were originally chosen. These additional weeks would be paid at the same income replacement rate selected at the outset, providing continuity and predictability to parents during such a difficult time. Another important aspect of these amendments is the effort to minimize the administrative burden. While there may be some circumstances where parents would still need to notify the the Canada Employment Insurance Commission, through Service Canada, the bill would introduce a regulation-making authority to make this process simpler and more compassionate. That is a key improvement. In parallel, these amendments would also ensure that employees in the federally regulated private sector continue to have access to job-protected leave provisions under the Canada Labour Code while they avail themselves of EI parental benefits, including if they receive the additional weeks of up to five weeks. These include access to the remaining weeks of parental leave. For employees near the end of their leave at the time of the death of the child, they would be allowed to transition to the current eight weeks of bereavement leave for the death of a child, ensuring that parents do not have to choose between grieving and going to work. These legislative changes are part of a broader effort by the government to strengthen the social safety net and ensure that federal support systems are responsive to the realities that Canadians face. We have made significant investments in employment insurance and related programs, to provide meaningful assistance where it is most needed. For example, caregiving benefits have long supported Canadians who must step away from work to care for an ill or injured family member, including, of course, a child. In 2022, EI sickness benefits were expanded, extending their duration so individual families facing illness or injury have greater financial security and job protection as they recover. These changes were informed by consultations with Canadians and reflect an understanding of how caregiving responsibilities and health challenges shape people’s lives. Equally important is the work being done to improve how Canadians access these services. Making benefits easier to obtain can provide significant peace of mind, especially during times of crisis. At its peak, the EI system was managing more than one million claims during the COVID-19 pandemic, which is more than five times the usual volume. In response, the government expanded its capacity, streamlined processes and implemented new approaches. Since then, we have continued our efforts. Between 2022 and 2025, Service Canada employees worked to refine procedures, test new strategies and improve delivery. As a result, backlogs have been significantly reduced, by 73%, as of January of this year. This progress illustrates that government systems can evolve to be more responsive, efficient and compassionate. When we consider Bill C-222 and the related amendments before us, we must remember that this legislation is about people. It is about ensuring that in the moments darkest for parents, government processes are not an additional source of stress or hardship. By allowing parental benefits to continue, by simplifying requirements and by ensuring that employees in the federally-regulated private sector have access to job-protected leave, these amendments would take steps toward that goal. For all these reasons, I am pleased to support Bill C-222 with the proposed amendments, and I encourage all members of the House to do the same.

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