Earnings
II. Principles of Law
(b) Regulation-Making Power of Commission
The term "earnings" is not defined in the Act. Paragraph 54(s) of the Employment Insurance Act Employment Insurance Act gives the Commission the power to make regulations defining and determining earnings for benefit purposes; determining the amount of such earnings; providing for the allocation of such earnings to weeks or other periods; and, determining the average weekly insurable earnings of a claimant in his or her qualifying period.
The Commission has the power not only to specify and to clarify what constitutes earnings under the Act, but also to include within earnings income which does not truly fall within that category but which in some way resembles it.
Cote v. C.E.I.C. [1986], F.C.J. No. 447 (F.C.A.) A-178-86 Judgment Of The Federal Court Of Appeal
In accordance with the power given to it, the Commission has enacted Regulations with respect to earnings. Subsection 35(2) of the Employment Insurance Regulations Employment Insurance Regulations sets out those sources of income to be allocated as earnings in determining whether an interruption of earnings has occurred. Subsection 35(7) of the Employment Insurance Regulations Employment Insurance Regulations sets out those sources of income which are exempt from allocations as earnings in the determination of benefits.
Canada v. McGregor [1989], 57 D.L.R. (4th) 317 (F.C.A.) A-777-88 Judgment Of The Federal Court Of Appeal
Borghi et al. v. C.E.I.C., March 21, 1996, F.C.J. No. 353 (F.C.A.) A-184-95 Judgment Of The Federal Court Of Appeal
Section 35 of the Employment Insurance Regulations Employment Insurance Regulations is not ultra vires the Commission's regulation-making power.
Cote v. C.E.I.C. [1986], F.C.J. No. 447 (F.C.A.) A-178-86 Judgment Of The Federal Court Of Appeal
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