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    II. Principles of Law

    (c) Power of Commission to Make Regulations

    For the purpose of determining on or after January 5, 1997, the entitlement to employment insurance benefits, weeks of employment that were worked prior to January 1, 1997 are converted into hours of insurable employment. This conversion is made on the basis of 35 hours per week worked. The Commission was entitled under the legislation to choose the 35 hour rule and that choice cannot be questioned.

    Canada (A.G.) v. Hoek, May 10, 2000, F.C.J. No. 622 (F.C.A.) A-89-99

    The Commission has the power to extend the scope of insurable employment by regulation and can therefore extend unemployment/employment insurance benefits to employment that is not under a contract of service.

    Section 5 Employment Insurance Act

    Martin Service Station Ltd. v. M.N.R., [1977] 2 S.C.R. 996 (S.C.C.)
    M.N.R. v. Visan, [1983] 1 F.C. 820 (F.C.A.) A-18-82
    Meherally v. M.N.R., [1987] 3 F.C. 525 (F.C.A.) A-433-86

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    2010-05-28