Digest of Benefit Entitlement Principles Chapter 5 - Section 4
This page has been archived on the Web
Information identified as archived is provided for reference, research or recordkeeping purposes. It is not subject to the Government of Canada Web Standards and has not been altered or updated since it was archived. Please contact us to request a format other than those available.
5.4.0 Moneys specified as earnings under regulation 35
Information
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 Footnote 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; Footnote 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; Footnote 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; Footnote 4
- moneys on account or in lieu of pension; Footnote 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 Footnote 6 .