Introduction to GBA Plus

In 2003, British Columbia and Ontario begin marrying same-sex couples.

In 2005 Canada becomes the fourth country to officially sanction gay marriage nationwide.

In 1940, the Unemployment Insurance Act was introduced in Canada. It did not cover any form of leave benefits for parents in its early decades.

Amendment:

• Unemployment Insurance Act amendments allowed some women, depending on their work history, 15 weeks of maternity leave benefit.

This amendment demonstrates gender analysis, as it:

• Recognized the increasing number of women in the workforce; and,
• Addressed society’s changing expectations about balancing childcare and career.

However, based on the societal expectation that women are primary caregivers, and that parents are heterosexual couples, it was assumed that only women would require leave to care for their children.

What does this mean for Joseph and Marco?

• As adoptive fathers, Joseph and Marco would not be eligible for paid leave, regardless of their sexual orientation; and
• To provide full-time care, they would either have to take an unpaid leave of absence or resign from employment.

Amendments:

• Parental benefits were modified and extended to include adoptive parents
• With this modification, adoptive and birth mothers received the same 15 weeks of benefits

This amendment demonstrates more thorough analysis, as it:

• Recognizes the right of adoptive mothers to the same benefits as birth mothers.

However, it was still assumed that, among heterosexual couples in Canada, both natural and adoptive mothers would be responsible for taking leave to care for children. The program perpetuated stereotypical gender roles by providing leave benefits to mothers but not to fathers.

What does this mean for Joseph and Marco?

• The extension to adoption leave would not benefit Joseph and Marco as a same-sex couple, because they would not qualify under the “adoptive mother” clause.

Amendments:

• 10 weeks of parental leave was added to Employment Insurance (EI) benefits, and was available to birth fathers, as well as adoptive mothers and fathers.
• “Maternity leave” was available to birth mothers only; adoptive mothers became ineligible for maternity leave as they now qualified for parental leave.

This amendment demonstrates even deeper analysis as it recognized men's role as caregivers; however, the uptake of parental leave by fathers at the time of its introduction was only 3%.

What does this mean for Joseph and Marco?

• Joseph would be eligible to take parental leave for adoptive parents and to provide 10 weeks of care to their child.
• As a self-employed entrepreneur, Marco would not be eligible to receive parental leave benefits under the EI program.

Amendment:

• Parental leave was extended from 10 weeks to 35 weeks for men and women.

This amendment demonstrates rigorous GBA Plus, as it:

• Provides greater acknowledgement of fathers' responsibilities at home;
• Resulted in an increase in the number of fathers taking parental leave; and,
• Supported a more active role for men in primary care for children.

What does this mean for Joseph and Marco?

• Joseph would be eligible to take parental leave for adoptive parents and to provide eight months of full-time care for their child.
• As a self-employed entrepreneur, Marco would still not be eligible to receive parental leave under EI.

• More men and women are eligible for parental leave benefits
• Increased the replacement rate from 55 percent of income to 70 percent of income
• Raised cap on maximum benefits from $412 to $767 per week
• Established a 5-week exclusive paid leave for fathers that does not come out of the mother’s maternity leave

Quebec is the only province in Canada in which fathers are entitled to a non-transferable parental leave.

Following the implementation of the QPIP, Quebec saw an increase in eligible fathers claiming benefits: from 32% in 2005 to 56% in 2006.

Amendment:

• The eligibility period for collecting EI parental benefits was extended for Canadian Forces members, up to a maximum of 104 weeks for those who cannot collect their benefits during the standard eligibility period due to a military imperative.

This amendment demonstrates a thorough GBA Plus using a targeted approach to ensure that an employment group with specialized employment requirements is able to access the same benefits as other employment groups.

What does this mean for Joseph and Marco?

• Neither Joseph nor Marco is a military member so their access to EI parental benefits is not affected by this amendment.

Amendment:

• Maternity and parental benefits were introduced for self-employed individuals, who could opt in to the EI program for the first time.

This amendment demonstrates an even more rigorous GBA Plus, as it:

• Recognizes an increased number of self-employed parents;
• Encourages and acknowledges more gender balance in primary care for children, given that men accounted for 64.5% of all self-employed workers in 2009.

What does this mean for Joseph and Marco?

• As a self-employed entrepreneur, Marco would be eligible to opt into the EI program and provide up to eight months of full-time care for their child.

Today, birth and adoptive parents in Canada, regardless of their sex, gender, marital status or sexual orientation, have access to parental leave as long as they meet specific criteria concerning their employment situation. In 2011-2012, 13.7% of biological fathers and 28.3% of adoptive fathers claimed EI parental leave benefits.

Further, the composition of families and definitions of who is a parent continue to change.  For example, a recent legal decision in Ontario has recognized two women who are not (nor ever have been) in a romantic relationship as co-parents.

This case study shows that by using GBA Plus, we can update and adapt policies, programs and initiatives as society changes. A policy that was originally designed for working mothers who gave birth was modified over several decades to include other groups of biological and adoptive parents. Using GBA Plus allows us to challenge assumptions (and resulting policies) that only mothers provide early child care, and that only birth parents require time off with benefits to care for their children. Ultimately, it recognizes shifting gender roles and expectations and promotes greater equality among the diversity of Canadians.