Decision A-1496.84

Summary:

Responsibility for the administration of Parts II and III of the Act lies with the Commission while that for Part IV lies with NR/T. The definition of insurable earnings in ss.2(1) applies to all Parts II, III and IV [p. 3]. Neither has the right to delegate to the other. [p. 11]

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Summary:

The Commission has also, pursuant to s.44 of the Act, made UI Reg. 35(4) [p. 6]. The Board erred only in concluding that Reg. 35(4) was ultra vires [p. 10]. The Commission erred in law as it ignored the definition of income in Reg. 57 and the particular requirement of 57(6)(d) in concluding that the value of accommodation and horse board was not insurable earnings. [p. 10]

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Summary:

Exclusion of the value of the free accommodation and horse board from claimant's insurable earnings was clearly contrary to s.3(1)(b) of the UI Collection of Premiums Regs. Plainly, these had some value. Perverse to decide that there was no value. [p. 8] The question whether free board was insurable earnings to determine the benefit rate was properly appealed to a Board under s.79 and thence to the Umpire under s.80. [p. 10]

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Summary:

The question whether free board was insurable earnings to determine the benefit rate was properly appealed to a Board under s.79 and thence to the Umpire under s.80. [p. 10]

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Summary:

The Commission erred in law as it ignored the definition of income in Reg. 57 and the particular requirement of 57(6)(d) in concluding that the value of accommodation and horse board was not insurable earnings. [p. 10]

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Summary:

The Commission erred in law as it ignored the definition of income in Reg. 57 and the particular requirement of 57(6)(d) in concluding that the value of accommodation and horse board was not insurable earnings. [p. 10]

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