Digest of Benefit Entitlement Principles - Chapter 14

14.1.0    INTRODUCTION

Until 1980, teachers were considered to be not unemployed for the duration of their contract and their salary was allocated for the whole year including the non-teaching periods¹.   The Commission always maintained that benefits were not payable to teachers in the non-teaching period.

In 1980, the Supreme Court, in the matter of J.S. Dick², determined that teachers are only paid for the days they teach.   The Court also found that teachers have an interruption of earnings and a separation from employment during the non-teaching periods.   Consequently, earnings are to be allocated solely to days taught.

The Commission—wanting to maintain its original intention to not pay regular benefits during the non-teaching periods to claimants engaged in the occupation of teaching—adopted a regulation limiting entitlement³.   The regulation providing for the payment of maternity, parental and compassionate care benefits during the non-teaching period also provides that regular and sickness benefits are only payable during the non-teaching period when certain conditions are met.

This chapter and the accompanying annex is intended to clarify the entitlement of teachers for these non-teaching periods.   The entitlement of teachers during the teaching period is subject to the same entitlement conditions of claimants in other occupations and the policies provided in the Digest—Chapter 4 Week of Unemployment and Chapter 10, Availability—also apply.   References to “teachers” in this chapter apply to all individuals engaged in the occupation of teaching as defined in the Regulation.

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1. G. Petts (A-166-74, CUB 03538);
2. Dick (S.C.C. 15540, A-267-77);
3. EIR 33.