(a) General
The legislation sets out the general criteria of eligibility which a claimant must meet in order to establish entitlement to benefits. One of the criteria is that an insured person must have suffered an interruption of earnings from employment. An interruption of earnings is defined in the legislation as an interruption that occurs in the earnings of an insured person at any time and in any circumstances determined by the Regulations.
Section 2 Employment Insurance Act
Dick v. Canada [1980] S.C.R. 243 (S.C.C.) File no. 15540
Canada (A.G.) v. Kelly (1990), F.C.J. No 568 (F.C.A) A-106-89
The Commission has the power, under paragraph 54(u) of the Employment Insurance Act, to make regulations defining and determining when an interruption of earnings occurs.
Paragraph 54(u) Employment Insurance Act
Canadian Marine Officers Union v. Board of Referees (1988), F.C.J. No 618 (F.C.A.) A-220-87
Scully v. Canada (1989), F.C.J. No 965 (F.C.A.) A-923-88
Canada (A.G.) v. Hartmann (1989), F.C.J. No 839 (F.C.A.) A-516-88
There are three situations which can give rise to an interruption of earnings:
Subsections 14(1) and (2) Employment Insurance Regulations
Subsection 23(1) of the Employment Insurance Act
Canada (A.G.) v. Hartmann (1989), F.C.J. No 839 (F.C.A.) A-516-88
Canada (A.G.) v. Duffenais, A-551-92, April 23, 1993 (F.C.A.)
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2009-04-29