Newfoundland Hospital and Nursing Home Assn. v. Canada ( Employment and Immigration Commission )
T-2094-92
Dubé J.
24/9/93
12 pp.
Application for judicial review of respondent's (Canada Employment and Immigration Commission) decision rejecting applications for premium rate reductions for years 1990 and 1991 -- Newfoundland Hospital and Nursing Home Association acting as authorized representative of all employers listed as applicants -- 1989 applications for following year rejected by CEIC officer on ground plan did not meet requirement employee be entitled to benefits for duration of his disability -- Newfoundland Hospitals submitting Unemployment Insurance Regulations, s. 21(f) ultra vires as enacted without statutory authorization and varying criterion stipulated in Unemployment Insurance Act, s. 50(2) -- S. 50(2) requirement extended by s. 21(f) to unemployment caused "by reason other than retirement" -- Under terms of applicable collective agreements and policies, no employee can become unemployed because of illness until all paid sick leave credits exhausted -- Applicants finding themselves in invidious position of being denied premium rate reduction because of compliance with Newfoundland legislation -- Newfoundland Hospitals' sick leave plans reducing recourse to unemployment insurance benefits by maintaining salary and keeping persons off unemployment insurance when unemployed by reason of illness, pregnancy or other factors enumerated at s. 50(2) -- Regulations subordinate to statute under which passed -- Where conflict, statute governs -- Additional requirement stipulated by s. 21(f) reducing availability to employers of premium reduction -- S. 21(f) ultra vires Act, s. 50(2) -- Application granted-Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 50(2) (as am. by S.C. 1990, c. 40) -- Unemployment Insurance Regulations, C.R.C., c. 1576, s. 21(f) (as am. by SOR/85-3, s. 2; 89-32, s. 2).