Teachers

Questions to Answer
Is the claimant a "teacher" ? applied for benefits during a "non-teaching period"? entitled to benefits during the "non-teaching period"?
References
Regulations subsection 33(1): "teacher" and "non-teaching period" Regulations subsections 33(2), 33(3): entitlement to benefits
Legal test
A teacher, as defined by Regulations subsection 33(1), is not entitled to benefits other than maternity or parental benefits, during a non-teaching period, unless they meet the conditions specified in Regulations subsection 33(2). HEMPEL A 368-95
Onus of proof
*Claimants* must prove they are entitled to benefits - Act subsection 49(1) FALARDEAU A-396-85
Key Case Law
Supreme Court 27 June 1980 re: DICK [15540]: Interruption of earnings for teachers during non-teaching period and is paid for days taught only. STONE A-367-04 and A-368-04: Establishes a list of considerations which may be relevant to determining whether a claimant's contract of employment for teaching has terminated. ROBIN A-261-05, BAZINET et al A-172-05 (leave to appeal denied by Supreme Court [31541]): No severance of the employer-employee relationship over the non-teaching period. The fact that there may be an interval during which a teacher is not under contract does not necessarily mean there is a severance in the relationship between the teacher and the employer. OLIVER A-811-00 & GIAMMATTEI A-664-01(leave to appeal denied by Supreme Court [29729 & 29731]), BISHOP A-151-01, HANN A-678-95, GAUTHIER A-128-95, PARTRIDGE A-704-97, YING A-101-98: Contract of employment during summer break DONACHEY A-411-96: Contract of employment during Christmas and March break, while on unpaid leave of absence and also referred to a training course. BARON A-8-98: Contract of employment during school holidays (December and March) GRENIER A-512-95, DUPUIS-JOHNSON A-511-95: Types of teaching contracts as they relate to Regulations section 33. Several non-teaching periods. ST-COEUR A-80-95: Sickness benefits during non-teaching period. Christmas break. HEMPEL A-368-95: Alleged discrimination under Charter of Rights. Sickness benefits during non-teaching period. TAYLOR A-681-90: Teachers' Regulations and Charter of Rights FALARDEAU A-396-85: Onus of proof. BRUNEAU A-113-98: Allocation of earnings of a teacher. ARMIN A-216-03, WORDEN A-215-03: instructor vs. teacher.