Subsection 33(2) of the Employment Insurance Regulations provides that a claimant who was employed in teaching for any part of his or her qualifying period is not entitled to receive benefits for any week of unemployment that falls in any non-teaching period unless the claimant's contract of employment for teaching has terminated; the claimant's employment in teaching was on a casual or substitute basis; or the claimant qualifies to receiving benefits in respect of employment in an occupation other than teaching.
The reasons that teachers receive special treatment under the legislation is because they work for ten months of the year but have contracts of service which continue throughout the year. Therefore, there is no lay-off or separation from employment giving rise to an interruption of earnings. These special rules with respect to teachers do not violate the equality provisions found in section 15 of the Charter as the distinction they make relates to employment rather then to a personal characteristic.
Canada (A.G.) v. Taylor (1991), 81 D.L.R. (4th) 679 (F.C.A.)
Hempel v. Canada (A.G.), [1996] F.C.J. No. 652 (F.C.A.)
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2009-04-28