Teachers
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*This asterisk denotes recent case law.
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) Employment Insurance Regulations: "teacher" and "non-teaching period"
Regulations subsections 33(2), 33(3) Employment Insurance Regulations: entitlement to benefits
Legal test
A teacher, as defined by Regulations subsection 33(1) Employment Insurance Regulations, 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) Employment Insurance Regulations. HEMPEL A 368-95 Judgment Of The Federal Court Of Appeal
Onus of proof
Claimants must prove they are entitled to benefits - subsection 49(1)of the Act. Employment Insurance Act
FALARDEAU A-396-85 Judgment Of The Federal Court Of Appeal
Key Case Law
Supreme Court 27 June 1980 re: DICK [ 15540 Judgement Of The Supreme Court Of Canada]: Interruption of earnings for teachers during non-teaching period and is paid for days taught only.
ARKINSTALL A-26-09 Judgment Of The Federal Court Of Appeal , DORAIS A-27-09 Judgment Of The Federal Court Of Appeal , WILLS A-28-09 Judgment Of The Federal Court Of Appeal , HUMMEL A-29-09 Judgment Of The Federal Court Of Appeal : Claimants teaching contracts had not terminated and they were not “casual” or “substitute” teachers within the meaning of subsection 33(2)(b) of the EI Regulations.
BLANCHET A-103-06 Judgment Of The Federal Court Of Appeal and A-104-06 Judgment Of The Federal Court Of Appeal, BERNIER A-110-06 Judgment Of The Federal Court Of Appeal, PELLETIER A-111-06 Judgment Of The Federal Court Of Appeal:- The exceptions contained in subsection 33(2) of the Regulations Employment Insurance Regulationsare three distinct exceptions and not one exception with three conditions to be met for it to apply.
- The exception under paragraph 33(2)(b) Employment Insurance Regulations emphasizes the performance of the employment and not the status of the teacher who holds it. A teacher may have substitute teacher status with the school board but during the qualifying period enters a contract. The contract signed by the teacher must be studied to determine whether or not employment is held on a casual or substitute basis within the meaning of paragraph 33(2)(b) Employment Insurance Regulations. Temporary teaching contracts are exercised in a continuous and predetermined way and not on an occasional or substitute basis with the meaning of paragraph 33(2)(b) Employment Insurance Regulations.
- If employment is held on a casual or substitute basis, the exception may be invoked regardless of whether or not the teacher loses or maintains his or her substitute status.
ROBIN A-261-05 Judgment Of The Federal Court Of Appeal, BAZINET et al A-172-05 Judgment Of The Federal Court Of Appeal (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 Judgment Of The Federal Court Of Appeal& GIAMMATTEI A-664-01 Judgment Of The Federal Court Of Appeal(leave to appeal denied by Supreme Court [ 29729 & Judgement Of The Supreme Court Of Canada 29731 Judgement of the Federal Court of Appeal]), BISHOP A-151-01 Judgment Of The Federal Court Of Appeal, HANN A-678-95 Judgment Of The Federal Court Of Appeal, GAUTHIER A-128-95 Judgment Of The Federal Court Of Appeal, PARTRIDGE A-704-97 Judgment Of The Federal Court Of Appeal, YING A-101-98 Judgment Of The Federal Court Of Appeal: Contract of employment during summer break
DONACHEY A-411-96 Judgment Of The Federal Court Of Appeal: 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 Judgment Of The Federal Court Of Appeal: Contract of employment during school holidays (December and March)
GRENIER A-512-95 Judgment Of The Federal Court Of Appeal, DUPUIS-JOHNSON A-511-95 Judgment Of The Federal Court Of Appeal: Types of teaching contracts as they relate to 33 of the Regulations Employment Insurance Regulations. Several non-teaching periods.
ST-COEUR A-80-95 Judgment Of The Federal Court Of Appeal: Sickness benefits during non-teaching period. Christmas break.
HEMPEL A-368-95 Judgment Of The Federal Court Of Appeal: Alleged discrimination under Canadian Charter of Rights and Freedoms. Sickness benefits during non-teaching period.
TAYLOR A-681-90 Judgment Of The Federal Court Of Appeal: Teachers' Regulations and Canadian Charter of Rights and Freedoms
FALARDEAU A-396-85 Judgment Of The Federal Court Of Appeal: Onus of proof.
BÉGIN A-323-06 Judgment Of The Federal Court Of Appeal: Allocation of a lump sum pay adjustment in the rate calculation period.
BRUNEAU A-113-98 Judgment Of The Federal Court Of Appeal: Allocation of earnings of a teacher.
ARMIN A-216-03 Judgment Of The Federal Court Of Appeal, WORDEN A-215-03 Judgment Of The Federal Court Of Appeal: instructor vs. teacher.
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