Digest Publications and Amendments

Section	Background	Previous Policy
January 2006
14.2.0, 14.3.0, 14.3.1, 14.3.2, 14.3.3	Amendments were made to these sections of the Chapter to clarify the notion that if a teacher is under a contract in teaching, benefits are not payable - other than maternity, parental or compassionate care benefits - for any non-teaching period – unless the teacher qualifies for benefits using employment other than teaching.	14.2.0, 14.3.0, 14.3.1, 14.3.2, 14.3.3
14.2.3	The section - Who is subject to the disentitlement -is new and was added for clarity purposes.	New Section
Annex	A correction was made to the Annex. An error had been identified in the 7^th situation. Previous contract 12 months and signed new contract BEFORE end of contract.	Annex
October 2005
Chapter 18	The National Policy on false or misleading statements made knowingly has been modified in June 2005. The new policy has been included as an Annex to Chapter 18 for ease of reference. The following sections of Chapter 18 have been amended: 18.1.2, 18.4.0, 18.4.1, 18.5.0, 18.5.1, 18.5.2, 18.5.2.1, 18.5.2.3 and 18.6.0.	Chapter 18
June 2005
Chapter 14	The chapter has been rewritten in its entirety. It does not contain any new guidelines but incorporates all the national memos issued on the subject since year 2000.	Chapter 14
5.5.2	Changes made as per CUB 60638 (M. Wiebe). See also 5.5.2.2 below. Section reorganized in order to make a clear distinction between approved SUB plan and the others (maternity, parental, compassion; EIR 38). Text now mentions compassionnate care benefits.	5.5.2
5.5.2.2	Changes made as per CUB 60638, M. Wiebe. CUB goes against the current interpretation. SUB plans under section 38 EIR for maternity, parental or compassionate care benefits is not earnings even if it comes from a person other than the employer. Furthermore, only the amount exceeding the total of SUB plus EI benefits is earnings (before this new interpretation, this total was completely deducted). Text now mentions compassionnate care benefits.	5.5.2.2
5.7.2.4	Section reorganized in order to make a clear distinction between approved SUB plan and the others (maternity, parental, compassion; EIR 38). Text now mentions compassionnate care benefits	5.7.2.4
5.6.3	Modification to the policy to allow for a variance in the determination of the normal weekly earnings used in the allocation of earnings arising out of an employment.	5.6.3
April 2005
10.11.8.0	Confirms the current interpretation that reasons and periods set out in 55(1) EIR for being outside Canada cannot be combined. Jurisprudential reference added. All the information has been reorganized.	10.11.8
May 2004
1.2.2	The consideration of "stand-by hours" is added.	1.2.2
4.4.8	A new section is added regarding the "stand-by hours".	New Section
5.7.1	The consideration of "stand-by hours" is added.	5.7.1
February 2004
1.3.2 1.3.4 1.3.5 1.3.6 1.3.7	Amendments made to guidance to clarify that attachment to the labour market is not a specific requirement for an extension of the qualifying period and that an extension can be allowed if one of the conditions exist regardless of whether the claimant would have otherwise been available for work or employed during that period.	1.3.2 1.3.4 1.3.5 1.3.6 1.3.7
2.1.3 2.2.2	The text was modified in order to clarify that the benefit period cannot be established when the facts on file are clear that the claimant has not had an interruption of earnings and the claim has not been finalized yet. Section 4.1.2.3 of the Benefit Manual will be modified accordingly.	2.1.3 2.2.2
5.16.2	5 th paragraph – 2nd sentence: The French expression « ont valeur de remuneration ». was amended to read « n’a pas valeur de rémunération ».	5.16.2
November 2003
1.1.1	The fifth paragraph was modified to clarify the definition of common-law partner which was added to the Act as a result of the coming into force of the Modernization of Benefits and Obligations Act.	1.1.1
13.3.6	In order to harmonize the text of the French version with the English version the French expression « travailler à l’extérieur » was amended to read « toute autre activité d’emploi ».	13.3.6
18.5.2	Section 77 of the Regulation related to the Pilot Project has been changed by the Section 26.1 of the Regulation.	18.5.2
October 2003
3.1.1	This section was changed to reflect the changes in the interpretation of when the administrative rule commences for fishing employment and renewal and subsequent claims, which was contained in our Administrative Policy memorandum forwarded to the regions on June 3, 2000.	3.1.1
3.2.0	In order to harmonize the text of the French version with the English version the expression « établir son admissibilité » was amended to read « établir une période de prestations ».	3.2.0
17.3.2	Pursuant to Section 41 of the Act, the Commission may rescind or reduce a penalty imposed under Section 39 of the Act. Therefore, the appeal process is not the employer’s only recourse to request a change to the decision.	17.3.2
18.5.4	Clarification of the time limitation in relation to prosecution.	18.5.4
September 2003
5.5.2.1	This section was changed to be in accordance with the regulatory amendment of regulations 37 (2) (d) and 38(a) in cases of dual employment.	5.5.2.1
5.5.2.2	This section was changed to be in accordance with the regulatory amendment of regulations 37 (2) (d) and 38(a) in cases of dual employment.	5.5.2.2
5.7.2.2	This section was changed to be in accordance with the regulatory amendment of regulations 37 (2) (d) and 38(a) in cases of dual employment.	5.7.2.2
5.11.7	This section was changed to be in accordance with the regulatory amendment of regulations 37 (2) (d) and 38(a) in cases of dual employment.	5.11.7
10.10.8	The term “Employment Authorization” was changed to “work permit”.	10.10.8
July 2003
1.1.1	Bill C-23 - Modernization of Benefits and Obligations Act has amended the term "spouse". A new paragraph which provides the new definition of the term "spouse" has been inserted after the 4th paragraph.	1.1.1
1.8.1	The text was modified in order to clarify that the receipt of paid sick leave to allow the waiver of the WP is not limited to only one employer when the person works for several employers at the same time.	1.8.1
2.3.4	Footnote added in the second paragraph.	2.3.4
12.1.3	The text was modified in order to clarify that the receipt of paid sick leave to allow the waiver of the WP is not limited to only one employer when the person works for several employers at the same time.	12.1.3
13.1.3	The text was modified in order to clarify that the receipt of paid sick leave to allow the waiver of the WP is not limited to only one employer when the person works for several employers at the same time.	13.1.3
June 2003
1.2.7	The dates included in section "m" of the exception list were changed.	1.2.7
1.6.6	Last sentence of the last paragraph was modified to reflect the application of an indefinite disqualification.	1.6.6
5.6.1.2	The 5th paragraph was changed to reflect that it is not "only" an employer that has filed for bankruptcy but an employer that is experiencing financial difficulties.	5.6.1.2
5.12.2.1	The last sentence of the third paragraph was added to reflect that the extra costs to maintain two residences while attending a course are considered as an expense associated with the taking of a course and as such would be exempt from being considered as earnings paid by reason of a lay-off or separation. A new paragraph (# 7) was added following the Federal Court decision: M. Radigan (A-567-99, CUB 42598A.	5.12.2.1
5.12.4	Last sentence of the last paragraph was changed to reflect the fact that if the payment is only delayed because of administrative reasons, such as the timing of payroll runs, the earnings are still payable and would be allocated immediately, even if the actual payment has not yet been made.	5.12.4
18.1.2	Footnote # 2 added	18.1.2
17.5.1	This section was changed to be in accordance with the policy position of the appeals Directorate on the Reconsideration (August 2002).	17.5.1
May 2003
1.5.7	The fourth paragraph of Chapter 1.5.7 of the Digest was incorrect and was removed. The proper application of the waiting period, when there is an allocation of earnings, is described in chapter 1.8.2 of the Digest.	1.5.7