Employment Insurance - Digest of Benefit Entitlement Principles

5.4.0    MONEYS SPECIFIED AS EARNINGS UNDER REGULATION 35

EIR 35(2)(a) to (f)

Specifically includes some types of moneys that are to be considered earnings.

The authority given to the Commission to make regulations regarding earnings is limited to those moneys or advantages that are earned by labour or resemble them. Paragraphs (2)(a) through (f) of Regulation 35 specifically includes some moneys that must be considered earnings because these moneys are either earned by labour or resemble moneys that are earned by labour. The moneys must clearly display the character of a consideration given in return for work done by the recipient.¹

The common characteristic of these moneys is that they are advantages that are related to, attached to, or arising out of employment. This means that there is some connection between the payment and the lost wages that that payment is intended to replace. There would be no entitlement to the payment had the claimant not been employed.

The earnings that are listed in the Regulation are as follows:

• amounts payable to a claimant in respect of wages, benefits or other remuneration from the proceeds realized from the property of a bankrupt employer;
• workers' compensation payments other than a lump sum or pension paid in full and final settlement of a claim made for worker's compensation payments;²
• payments received or, on application, that the claimant is entitled to receive under group wage-loss indemnity and payments under sick, maternity, adoption and child care leave plans;³
• motor vehicle accident insurance payments received or, on application, that the claimant is entitled to receive pursuant to a provincial law for an actual or presumed loss of income from employment;⁴
• moneys on account or in lieu of pension;⁵ and
• withdrawal of services as a preventative measure payments received or, on application, that the claimant is entitled to receive pursuant to a provincial law in respect of an actual or presumed loss of income from employment ⁶.

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1. L. Vernon (A-597-94, CUB 25472) and J. Filion (A-598-94, CUB 25473);
2. see 5.11.3, "Workers' Compensation for an Illness or Injury";
3. see 5.11.1, "Paid Sick Leave"; see 5.11.2, "Wage-loss Indemnity Plans"; see 5.7.2.2, "Maternity, Adoption or Care of a Child Leave";
4. see 5.11.4, "Motor Vehicle Accident Insurance Payments";
5. see 5.13.0, "Moneys Arising out of a Pension Fund";
6. see 5.11.5, "Withdrawal of Services as a Preventive Measure Payments."