EMPLOYMENT INSURANCE |
Canada (Attorney General) v. Hoek
A-89-99
Décary J.A.
10/5/00
5 pp.
Entitlement to benefits--Transitional measures--Application for judicial review of Umpire's decision in effect refusing to apply Employment Insurance Regulations, s. 94.1 and finding claimant entitled to benefits on basis of 793.2 hours worked through 15 weeks of employment in 1996--S. 94.1 transitional provision providing for purpose of determining on or after January 5, 1997, entitlement to employment insurance benefits, weeks of insurable employment worked prior to January 1, 1997 converted into hours of insurable employment on basis of 35 hours per week--Regulations, s. 94.1 clearly mandatory--Claimant herein arguing should be credited with 793.2 hours instead of 525 hours (15 weeks multiplied by 35 hours) recognized by Commission--Application allowed--Prior to January 5, 1997, claimant's entitlement could only be determined on basis of number of weeks worked--Section 94.1, substantive, not procedural provision, defining how rights accrued on weekly basis under old regime will be preserved on hourly basis under new regime--Provision applying automatically whenever claimant seeking to be credited for work done prior to January 1, 1997--Not provision which claimant may choose to invoke or not to invoke--Claimant had no vested right resulting from his 793.2 hours worked in 1996; his vested rights resulted from his 15 weeks of work--Employment Insurance Regulations, SOR/96-332, s. 94.1 (as enacted by SOR/97-31, s. 24).