Canada ( Employment and Immigration Commission ) v. Newfoundland Hospital and Nursing Home Assn.
A-606-93
Stone J.A.
13/12/94
15 pp.
Appeal from Trial Division order setting aside Canada Employment and Immigration Commission decision rejecting respondent's application for premium reduction on grounds respondent's sick leave plan did not meet requirements of Unemployment Insurance Regulations-Issue whether Trial Judge erred in holding Regulations, s. 21(f) ultra vires appellant's regulation-making power provided for in Act, s. 50(2)-S. 50(2) addressing payment of benefits to insured person under employer's plan while that person unable to work because of illness-Regulation made pursuant to s. 50(2) necessarily confined to ensuring employer's sick leave plan made provision for person in those circumstances-S. 21(f), ensuring, during illness or injury, insured person will be eligible to receive out of his employer's plan benefits equal to those otherwise available to him under Act regardless of cause of lay-off, not ultra vires of s. 50(2)-Appeal allowed-Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 50(2)-Unemployment Insurance Regulations, C.R.C., c. 1576, s. 21(f) (as am. by SOR/85-3, s. 2; 89-32, s. 2).