Unemployment Insurance Regulations

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22.The requirements of a Cumulative Paid Sick Leave Plan are the following:

(a) the plan must satisfy all the requirements of section 20, except paragraphs 20(e) and (f);

(b) the plan must credit an insured person covered by the plan, after the completion of the period referred to in sub­paragraph 20(a)(i) or after the accumulation of the number of hours referred to in subparagraph 20(a)(ii), with one or more days of paid sick leave for each subsequent full calen­dar month of active employment, of which at least one day per month is available only for the insured person's illness or injury, or while the insured person remains at home because of pregnancy or to care for a child referred to in subsection 20(1) of the Act;

(c) notwithstanding paragraph (b), the plan may

(i) allow the one day or more of paid sick leave to be prorated in relation to the total period of active employ­ment in a calendar month

(ii) preclude the accumulation of paid sick leave for a calendar month in which the insured person has not been actively employed for at least twice the number of hours in the insured person's normal work week and

(iii) allow the insured person to use paid sick leave while remaining at home because of pregnancy or to care for a child referred to in subsection 20( I) of the Act.

(d) where eligibility to use days of paid sick leave is deferred, in the case of an insured person who is employed on a temporary basis or is serving a probationary period, it c!U1not be deferred fora period greater than 12 months from the time the insured person commences employment or joins the plan;

(e) the days of paid sick leave available only in respect of the insured person's illness or injury, or while the insured person remains at home because of pregnancy or to care for a child referred to in subsection 20(1) of the Act, that are not used for those purposes must be accumulated at the rate prescribed by paragraphs (b) and (c), and the maximum number of days of paid sick leave that may be so accumu­lated is not less than 75 working days; and

(f) subject to the elimination period referred to in para­graph 20(b), benefits are payable with respect to the insured person's illness or injury until the earliest of

(i) the end of a period during which benefits arc paid for at least 75 days,

(ii) the end of the period of incapacity due to the illness or injury,

(iii) the exhaustion of all accumulated paid sick leave,

(iv) the date the insured person retires, and

(v) the date of separation for any reason other than illness or injury where notice of the separation was given before the onset of the illness or the occurrence of the injury.

23.The requirements of an Enhanced Cumulative Paid Sick Leave Plan are the following:

(a) the plan must satisfy all the requirements of section 22, except the requirements of paragraph 22(b), subpara­graph 22(c)(i) and paragraphs 22(e) and (f);

(b) the plan must credit an insured person covered by the plan, after the completion of the period referred to in sub­paragraph 20(a)(i) or after the accumulation of the number of hours referred to in subparagraph 20(a)(ii), with one and two thirds or more days of paid sick leave for each subse­quent full calendar month of active employment, of which at least one and two thirds days per month are available only for the insured person's illness or injury, or while the insured person remains at home because of pregnancy or to care for a child referred to in subsection 20(1) of the Act;

(c) notwithstanding paragraph (b), the plan may allow the one and two thirds days or more of paid sick leave to be prorated in relation to the total period of active employment in a calendar month;

(d) the days of paid sick leave available only in respect of the insured person's illness or injury, or while the insured person remains at home because of pregnancy or to care for a child referred to in subsection 20(1) of the Act, that are not used for those purposes, must be accumulated at the rate prescribed in paragraphs (b) and (c), and the maximum number of days of paid sick leave that may be so accumu­lated is not less than 125 working days; and

(e) subject to the elimination period referred to in para­graph 20(b), benefits are payable with respect to the insured person's illness or injury until the earliest of

(i) the end of a period of at least 125 days during which the benefits are paid,

(ii) the end of the period of incapacity due to the illness or injury,

(iii) the exhaustion of all accumulated paid sick leave,

(iv) the date the insured person retires, and

(v) the date of separation for any reason other than illness or injury where notice of the separation was given before the onset of the illness or the occurrence of the injury.

24.(1) A plan referred to in section 20, 21, 22 or 23 shall be evidenced by a formal written commitment, including one of the following or a combination thereof:

(a) a union or association agreement;

(b) an industry-wide plan;

(c) a private carrier insurance policy;

(d) an undertaking contained in an employee's handbook;

(e) a Board of Directors minute that has been implemented;

(f) an undertaking contained in a personnel policy bulletin; or

(g) a memorandum or other document addressed to employ­ees by their employer.

2) Subject to section 27, where a plan referred to in section 20, 21, 22 or 23 becomes a qualifying plan or ceases to be a qualifying plan under subsection (4) at any time during the year for which a reduction of the employer's premium is made under subsection 19(1), the reduction shall be granted for the number of months in the year during which the plan is a qualifying plan.

(3) A plan is a qualifying plan when it satisfies all the requirements of subsection (1) and section 20 or 21 or, subject to subsection (5), section 22 or 23.

4) For the purpose of determining when a plan becomes or ceases to be a qualifying plan under this Part, where the plan becomes or ceases to be a qualifying plan

(a) on or before the 15th day of a month, it shall be considered to have done so on the first day of that month; and

(b) after the 15th day of a month. it shall be considered to have done so on the first day of the following month.

(5) A plan referred to in section 22 or 23 will be considered a qualifying plan as of the date an application is made for a reduction of the employer's premium or the date it becomes a qualifying plan under subsection (4), whichever is the later, if,

on that date, each insured person covered by the plan is credited

(a) in the case of a plan referred to in section 22, with a number of days of paid sick leave equal to 72 minus the maximum number of days that could have been accumulated by the insured person since its commencement or during the six years preceding that date, whichever is the shorter period; and

(b) in the case of a plan referred to in section 23, with a number of days of paid sick leave equal to 120 minus the maximum number of days that could have been accumulated by the insured person since its commencement or during the six years preceding that date, whichever is the shorter period.

25. (1) An application for a reduction of the employer's premium in respect of a category of insured persons shall be made to the Commission by an employer and shall

(a) be accompanied by a copy of the documents intended to . represent the formal commitment referred to in subsection 24(1) or, where those documents have been provided to the Commission with a previous application and have since been amended, by a copy of the amendment;

(b) provide all the information necessary to determine whether the plan meets the requirements of this Part; and

(c) be accompanied by the employer's undertaking that the insured persons will benefit from the reduction of the employer's premium in an amount at least equal to five twelfths of the reduction, as required by subsection 50(2) of the Act.

(2) Where an application referred to in subsection (1) is incomplete or where the Commission requires further informa­tion in order to make a decision on the application and the Commission requests that information or documentation from the employer, the employer shall provide the information within 30 days after the request is made and where the infor­mation is not provided to the Commission within that time, an officer of the Commission shall make a decision on the existing application.

Application for Reduction of Employer's Premium Rate

26. (1) For the purposes of an application for a reduction of premium rate, an employer shall group the insured persons employed by him into the following groups:

(a) insured persons who are covered by a plan that satisfies the requirements of section 20;

(b) insured persons who are covered by a plan that satisfies the requirements of section 21;

(c) insured persons who are covered by a plan that satisfies the requirements of section 22, except those referred to in paragraph 22(d);

(d) insured persons who are covered by a plan that satisfies the requirements of section 23, except those referred to in paragraph 22(d); and

(e) all other insured persons, including those referred to in paragraph 22(d).

(2) Where insured persons are grouped by an employer as required by subsection (1), the employer shall

(a) on notification by the Commission that the plan satisfies the requirements of section 20, 21, 22 or 23, request im­mediately from the Department of National Revenue a sep­arate account number in respect of each group of insured persons;

(b) notify the Commission immediately on receipt of those account numbers;

(c) beginning not later than with the first remittance for the first month from which the premium reduction is applicable, remit to the Department of National Revenue the employer's premium payable in respect of insured persons in each group under those account numbers; and

(d) for each year for which the employer is notified that the employer's plan satisfies the requirements of section 20, 21, 22 or 23, submit to the Minister of National Revenue, in respect of each separate account number, an information return showing, in respect of all insured persons in the group for which the separate account number was issued, the total amount of insurable earnings, the total amount of employees' premiums and the total amount of employer's premiums.

27. Where an employer makes an initial application for a reduction of the employer's premium in respect of a category of insured persons covered by a plan that is a qualifying plan under subsection 24(3), and where under section 29 an officer of the Commission has decided that the employer meets the requirements for receiving a premium reduction under this Part, the effective date of the reduction established under subsec­tion 19(1) shall be

(a) the first day of the month following the month in which the application is made, where the application is made on or before the I5th day of that month; or

(b) the first day of the second month following the month in which the application is made, where the application is made after the I5th day of that month.

Appeals

28.Where an employer has been issued a notice of a reduced premium rate for a year, the employer shall make an annual renewal application within 30 days after the date that a renewal application form is issued to the employer by the Commission.

29.Where an application for premium reduction has been made by an employer, an officer of the Commission shall decide whether the employer meets the requirements for receiv­ing a premium reduction under this Part and shall notify the applicant of the decision and of the rate at which premiums are to be remitted.

30. An employer who makes an application referred to in subsection 50(5) of the Act shall produce evidence that a qualifying plan pursuant to paragraph 24(3) was in effect during the period in respect of which the application is made.

Modification of plans

31. Where a plan on the basis of which a reduction of the employer's premium has been granted is revised or modified in whole or in part or is cancelled, the employer shall notify the Commission of the revision, modification or cancellation within 30 days thereafter.

Appeals

32. An employer may appeal to the Commission a decision made pursuant to section 29 or pursuant to subsection 50(5) of the Act or a new decision made pursuant to subsection 50(6) of the Act, within one year after the day on which notice of the decision or new decision is sent to the employer.

Transitional Provisions

33. The Commission may reconsider an application for a premium reduction by an employer where the employer

(a) has made an application for a premium reduction;

(b) has been considered for a reduction for the year 1995; and

(c) would have been entitled to a greater reduction if the application had been made after the coming into force of this Part

SOR/85-3, 1985 Canada Gazette Part II, p. 4; SOR86-984, 1986 Canada Gazette Part II, p. 4211; SOR90-761, 1990 Camada Gazette Part II, p. 4973; SOR/89-32, 1989 Canada Gazette Part II, p. 244; SOR; 92-164, 1992 Camada Gazette Part II, p. 1202; SOR87-615. 1987 Canada Gazette Part II, p. 4179; SOR 90-756, 1990 Canada Gazette Part II. p. 4941; SOR94-468, 1994 Canada Gazette Part II, p. 2692; SOR/94-739,1994 Canada Gazette Part II, p. 3979;

SOR/95-492,1995 Canada Gazette Part II, p. 2914;

PART IV
BENEFIT

34.  (1) Subject to subsection (2), a claim for benefit for a week of unemployment in a benefit period made by a claimant shall be made within three weeks of the week for which benefit is claimed.

(2) When a claimant has not made a claim for benefit for four or more consecutive weeks, the first claim for benefit for a week of unemployment thereafter shall be made within one week of the week for which benefit is claimed.

Information Relating to Employment History

35. (1) Every employer who employs a person in insurable employment shall, if that person has an interruption of earnings, complete a record of employment in quadruplicate with respect to that person on a form supplied by the Commission.

(2) Subject to subsection (3), copies of the record of employment completed pursuant to subsection (1) shall be distributed in the following manner:

• (a) the copies marked "Employee's copy: Part 1" and "Employee's copy: Part 2" shall be delivered or mailed to the insured person not later than five days after the later of:
  • (i) the first day of the interruption of earnings; and,
     
  • (ii) the day on which the employer becomes aware of the interruption of earnings;
  
  
• (b) the copy marked "Commission's copy" shall be mailed to the Commission within the time limit set out in paragraph (a); and,
   
• (c) the copy marked "Employer's copy" shall be kept and retained as a part of the employer's records and books of account in accordance with subsection 58(3) of the Act.

(3) If, for reasons beyond his control, an employer is unable to deliver or mail the copies marked "Employee's copy: Part 1" and "Employee's copy: Part 2" of the completed record of employment to the insured person within the time limit set out in paragraph (2)(a), he shall retain them until:

• (a) such time as they are requested by the Commission or insured person; or,
   
• (b) 52 weeks after the time limit set out in paragraph (2)(a), whichever is the earlier.

(4) The number of weeks of insurable employment and insurable earnings reported in a record of employment with respect to an insured person shall be as determined and allocated pursuant to Parts II and III of the Act and any regulations made under those Parts, but sections 57 and 58 of these Regulations shall not apply in respect of any such determination.

(5) Where the earnings of a claimant for a pay period that is current when the claimant has a lay-off or separation from employment cannot be ascertained with accuracy, the employer may estimate those earnings for that period.

SOR/78-710, s. 3; SOR/79-52, s. 2(F); SOR/79-348, s. 1; SOR/82-673, s. 1(E); SOR/83-490, s. 2(E); SOR/90-756, s. 6; SOR/90-761, s. 6.

35.1 (1) Notwithstanding section 35, every employer who, on a day to day basis, employs a person in insurable employment in agriculture or horticulture shall, on the last day worked by that person during any week, complete a Record of Employment with respect to that person on a form supplied by the Commission.

(2) The copy of the Record of Employment completed pursuant to subsection (1) and marked "Worker's copy" shall be delivered to the insured person on the day it is completed.

(3) The copy of the Record of Employment completed pursuant to subsection (1) and marked "Employer's copy" shall be kept and retained as part of the employer's records and books of account in accordance with subsection 58(3) of the Act.

(4) If, for reasons beyond his control, an employer is unable to deliver the copy marked "Worker's copy" in accordance with subsection (2), he shall:

• (a) where he knows the insured person's mailing address, mail the copy to that person; or,
   
• (b) where that person's mailing address is not known, retain the copy until:
  • (i) it is requested by the Commission;
     
  • (ii) it is requested by the person; or,
     
  • (iii) 52 weeks have elapsed since it was completed, whichever occurs first.

SOR/83-351, s. 2; SOR/90-761, s. 7.

36. (1) Where an employer has failed to deliver a record of employment to an insured person or the Commission, pursuant to section 35, or the employer is not available or is unable to provide information respecting the employment history and insurable earnings of a claimant because the employer's records are destroyed or lost, a claimant may prove his employment history and insurable earnings by providing a statement containing such evidence as the Commission considers satisfactory for the purpose.

(2) [Revoked, SOR/88-142, s. 1].

(3) All the weeks of insurable employment reported in a record of employment shall be determined to have occurred consecutively and to be weeks that immediately preceded and included the week in which the lay-off or separation occurred.

(4) and (5) [Revoked, SOR/92-164, s. 9].

(6) Notwithstanding subsection 35(4) and section 36.2, for the purposes of Part I of the Act, the number of weeks of insurable employment in any one employment period of a claimant shall not be greater than the number of weeks or part weeks that falls within that employment period.

(7) Where a bankrupt employer or the trustee of the bankrupt employer has not provided the Commission with a record of employment for an insured person, the Commission may, in respect of that person, determine the number of insurable weeks and the amount of insurable earnings for benefit purposes on the basis of the payroll and personnel records of the bankrupt employer provided to the Commission by the trustee.

SOR/79-615, s. 1(E); SOR/83-350, s. 1; SOR/84-32, s. 1; SOR/87-614, s. 6(F); SOR/88-142, s. 1; SOR/88-277, s. 1; SOR/90-756, s. 7; SOR/90-761, s. 8; SOR/92-164, s. 9; SOR/94-440, s. 2.

36.1 The earnings to be taken into account for the purpose of determining the average weekly insurable earnings in the qualifying weeks of a claimant are those earnings for which a premium was payable. SOR/88-142, s. 2.

36.2 For the purposes of Part I of the Act, where a claimant's earnings were paid or payable in the qualifying period for a period otherwise than in respect of weeks (hereinafter called the "pay period"), the number of weeks that are to be taken as weeks of insurable employment in any one employment period shall be equal to the number of pay periods:

• (a) where the pay period consists of seven consecutive days and begins on a day other than Sunday, and:
  • (i) the claimant has cash earnings for each pay period and the cash earnings for the pay period are equal to or exceed 20 per cent of the maximum weekly insurable earnings; or,
     
  • (ii) the claimant is employed in each pay period for a total number of hours that is equal to or exceeds 15 hours;
  
  

• (b) where the pay period consists of more than one period of seven consecutive days and begins on a day other than Sunday, and:

  • (i) the claimant has cash earnings for each period of seven consecutive days in the pay period, and the cash earnings for the pay period are equal to or exceed the product obtained by multiplying the amount of cash earnings referred to in paragraph (a) by the number of periods of seven consecutive days in the pay period; or,
     
  • (ii) the claimant is employed in each period of seven consecutive days in the pay period, and the total number of hours of employment in the pay period is equal to or exceeds the product obtained by multiplying 15 by the number of periods of seven consecutive days in the pay period, be equal to the number of periods of seven consecutive days in the pay period.

SOR/94-440, s. 3.

36.3 (1) A dependant of a claimant or of the spouse of a claimant is a person who is related to the claimant or the spouse in the manner described in subsection 251(6) of the Income Tax Act.

(2) The spouse of a claimant is the person who is married to the claimant, and includes a person described in subsection 252(4) of the Income Tax Act.

(3) For the purposes of paragraph 13(1)(b) of the Act, the following circumstances are prescribed as circumstances which must exist in relation to one or more dependants of a claimant or of the spouse of the claimant:

• (a) a child tax benefit as provided for in section 122.61 of the Income Tax Act is payable to either the claimant or the spouse during the month in which the claimant makes a claim for the benefit rate prescribed by paragraph 13(1)(b) of the Act; or,
   
• (b) the claimant or the spouse provides support to a dependant of the claimant or of the spouse of the claimant.

SOR/94-468, s. 2.

Interruption of Earnings

37. (1) Subject to this section, an interruption of earnings occurs when, following a period of employment with an employer, an insured person has a lay-off or separation from that employment and has or will have a period of seven or more consecutive days during which no work is performed for that employer and in respect of which no earnings that arise from that employment, other than earnings described in subsection 58(12), are payable or allocated.

(2) An interruption of earnings from an employment occurs in respect of an insured person at the beginning of the week in which a reduction in earnings occurs, of more than 40 per cent in the insured person's normal weekly earnings, because the insured person ceases to work in that employment by reason of illness, injury, quarantine, pregnancy or the need to care for a child or children referred to in subsection 20(1) of the Act.

(2.1) [Revoked, SOR/90-756, s. 8].

(3) A period of leave referred to in subsection 10(4) of the Act does not constitute an interruption of earnings regardless of whether the period of leave is remunerated.

(4) Where an insured person is employed under an employment agreement under which the usual remuneration for that employment is payable in respect of a period greater than a week, regardless of the amount of work performed in that period, no interruption of earnings of that insured person occurs during that period, regardless of the time at which or the manner in which the remuneration is paid.

(5) An interruption of earnings of an insured person occurs only:

• (a) in the case of an insured person who is engaged or employed in the sale or purchase of real estate on a commission basis and holds a licence to sell real estate issued by a provincial authority, when:
  • (i) the licence of the insured person is surrendered, suspended or revoked; or,
     
  • (ii) the insured person ceases to work in that employment by reason of a circumstance referred to in subsection (2); and,
  
  
• (b) in the case of an insured person who is employed under an employment agreement and whose earnings, from that employment consist mainly of commissions, when:
  • (i) the insured person's employment agreement is terminated; or,
     
  • (ii) the insured person ceases to work in that employment by reason of a circumstance referred to in subsection (2).

(5.1) [Revoked, SOR/90-756, s. 8].

(6) A period of leave referred to in subsection 10(3) of the Act does not constitute an interruption of earnings, regardless of the time at which or the manner in which remuneration is paid.

SOR/79-81, s. 3; SOR/82-778, s. 1; SOR/84-32, s. 2; SOR/88-277, s. 2; SOR/90-756, s. 8; SOR/92-164, s. 10.

(6.1) [Revoked, SOR/90-756, s. 8].

Request for Information

38. [Revoked, SOR/83-490, s. 3].

Antedating

39. [Revoked, SOR/90-756, s. 9].

Cancellation of Benefit Period

40. [Revoked, SOR/90-756, s. 9].

Payments in Advance

41. The Commission may pay benefits for a week of unemployment to a claimant in advance of the normal and customary time for paying benefits where:

• (a) that unemployment arises from the occurrence of a fire, flood, hurricane, epidemic or other natural disaster or act of God at the factory, workshop or other premises or in the area where the claimant is employed; or,
   
• (b) that week of unemployment is:
  • (i) the week in which Christmas Day falls or the week that immediately precedes the week in which Christmas Day falls; or,
     
  • (ii) a week during which the claimant is attending an apprenticeship course or apprenticeship program to which the claimant has been referred under subsection 26(1) of the Act.

SOR/91-451, s. 1.

42. (1) A claimant shall be deemed to have worked a full working week during each week in the two-week period reported upon in the declaration filed when making a claim for benefit where the claimant:

• (a) is a railway employee;
   
• (b) is remunerated on a mileage basis; and,
   
• (c) is remunerated at twice the maximum weekly insurable earnings or more in that two-week period.

(2) Notwithstanding section 44, a claimant who is employed in agriculture or horticulture shall be regarded as having worked a full working week during any week in which he works:

• (a) not less than five days; and,
   

• (b) not less than 40 hours in the aggregate.

(3) Where, in any week, a claimant:

• (a) does not work on a holiday; or,
   
• (b) by reason of a holiday does not work on the working day that immediately precedes or immediately follows that holiday,he shall be regarded as having worked a full working week if, on each of the remaining working days in that week, he works a number of hours at least equal to the number that he would normally work.

(4) [Revoked, SOR/90-756, s. 10].

(5) Where an insured person is employed under an employment agreement under which the usual remuneration for that employment is payable in respect of a period greater than a week, regardless of the amount of work performed in that period, each week that falls wholly in that period is a full working week for that insured person.

SOR/90-756, s. 10; SOR/92-164, s. 11.

 

43. (1) Subject to subsections (2) and (3), where a claimant is:

• (a) self-employed or engaged in the operation of a business on his own account or in partnership or a co-adventure; or,
   
• (b) employed in any employment other than that described in paragraph (a) in which he controls his working hours,he shall be regarded as working a full working week.

(2) Where a claimant is employed as described in subsection (1) and the employment is so minor in extent that a person would not normally follow it as a principal means of livelihood, he shall, in respect of that employment, not be regarded as working a full working week.

(3) Where a claimant is employed in farming and subsection (2) does not apply to his employment, he shall not be regarded as working a full working week at any time during the period that begins with the week in which October 1st falls and ends with the week in which March 31st falls, if he proves to the satisfaction of the Commission that during that period:

• (a) he did not work; or,
   
• (b) the work he performed was so minor in extent that it would not have prevented him from accepting full-time employment.

Working Week

44. (1) A working week of a claimant, other than a claimant referred to in section 43, is a number of hours, days or shifts normally worked in a calendar week by persons in his grade, class or shift at the factory, workshop or other premises at which he is or was employed.

(2) If the number of hours, days or shifts normally worked in a calendar week by a person in the claimant's grade, class or shift at the factory, workshop or other premises at which he is or was employed, is the number that is normally worked by persons in part-time employment and is less than the number of hours, days or shifts normally worked in a calendar week by persons employed in full-time employment in the employment that is closest in nature to the claimant's employment, the claimant's working week shall be that pertaining to such full-time employment.

(3) The working week of a claimant other than a claimant referred to in section 43, who is remunerated on a piece, mileage or other unit rate, is the number of days normally worked in a calendar week by persons in the claimant's grade, class or shift at the factory, workshop or other premises at which the claimant is or was employed.

SOR/92-164, s. 12(F).

 

45. For the purposes of section 14 of the Act, a working day is any day of the week except Saturday and Sunday.

SOR/90-761, s. 9.

 

46. (1) Subject to this section, if a claimant has earnings in respect of any time that falls in his waiting period, an amount equal to such earnings shall be deducted from the benefits payable in respect of the first three weeks for which benefits are otherwise payable.

(2) The maximum amount deductible under subsection (1) in respect of a claimant's earnings for any one week in his waiting period is an amount equal to the rate of weekly benefit payable to him.

(3) For the purpose of calculating the earnings of a claimant during the waiting period referred to in subsection (1), account shall not be taken of amounts paid or payable:

• (a) under a wage-loss indemnity plan by reason of illness, injury, quarantine, pregnancy or care of a child or children referred to in subsection 20(1) of the Act; or,
   
• (b) by an employer in respect of sick, maternity or adoption leave or leave for the care of a child or children referred to in subsection 20(1) of the Act.

SOR/78-710, s. 4; SOR/79-52, s. 3(F); SOR/84-32, s. 3; SOR/88-277, s. 3; SOR/90-756, s. 11.

 to Teachers

46.1 (1) In this section,

"teaching" means the occupation of teaching in a pre-elementary, an elementary or a secondary school, including a technical or vocational school;

"non-teaching period" means the period that occurs annually at regular or irregular intervals during which no work is performed by a significant number of people engaged in teaching.

(2) A claimant who was employed in teaching for any part of the qualifying period is not entitled to receive benefits, other than those payable under sections 18 and 20 of the Act, for any week of unemployment that falls in any non-teaching period of that claimant:

• (a) until his contract of employment for teaching has terminated;
   
• (b) unless his employment in teaching was on a casual or substitute basis; or,
   
• (c) unless he qualifies to receive benefits on the basis of employment in an occupation other than teaching.

(3) Where a claimant who was employed in teaching for any part of his qualifying period qualifies to receive benefits on the basis of employment in an occupation other than teaching, the amount of benefit payable for a week of unemployment that falls within his non-teaching period shall be restricted to the amount that is payable in respect to the employment upon which he qualified.

SOR/80-536, s. 1; SOR/83-516, s. 1; SOR/84-32, s. 4; SOR/85-711, s. 1; SOR/87-614, s. 7(E); SOR/88-277, s. 4; SOR/90-756, s. 12.

Sickness

47. (1) A claimant who, pursuant to paragraph 14(b) of the Act, alleges that the claimant is incapable of work by reason of illness, injury or quarantine shall at the claimant's own expense provide to the Commission a certificate completed by a medical doctor or other medical professional supplying such information with respect to the nature and probable duration of the illness, injury or quarantine and any other circumstance relating thereto as proves the claimant's incapability to work.

(2) Notwithstanding that a certificate is furnished by a claimant pursuant to subsection (1), the Commission may require a claimant to undergo a medical examination at such time and place as it may reasonably direct for the purpose of determining the nature of the illness, injury or quarantine, the physical and mental condition of the claimant, the probable duration of the incapacity and any other circumstances relating thereto.

(3) A medical examination referred to in subsection (2) shall be made at the expense of the Commission and a claimant who undergoes such an examination shall be paid such reasonable travel allowances and other expenses as are approved by the Commission.

(4) and (5) [Revoked, SOR/83-490, s. 4].

(6) For the purposes of paragraphs 7(2)(a) and 14(b) and subsection 30(3) of the Act, illness, injury or quarantine is any illness, injury or quarantine that renders a claimant incapable of performing the functions of the claimant's regular or usual employment or of other suitable employment.

(7) A pregnancy that is terminated within the first 19 weeks of that pregnancy is an illness for the purposes of paragraph 14(b) of the Act.

(8) The Commission may waive the waiting period in respect of the benefit period of a claimant if:

• (a) he qualifies to receive benefit in that benefit period by reason of his having had an interruption of earnings within the meaning of subsection 37(2); and,
   
• (b) after he ceased to work, allowances, moneys or other benefits are payable to him by his employer or former employer as sick leave pay.

SOR/79-81, s. 4; SOR/82-44, s. 2; SOR/83-490, s. 4; SOR/84-32, s. 5; SOR/84-632, s. 1(E); SOR/90-761, s. 10.

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