Digest of Benefit Entitlement Principles  Chapter 5 - Section 4

5.4.0 Moneys specified as earnings under EIR 35

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. EIR 35(2)(a) to (f) specifically includes some types of 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.

The moneys listed in EIR 35(2) are intended to replace wages that have been lost for one of several specific reasons. The common characteristic of these moneys is that they are advantages that are related to, attached to, or arising out of employment. This means there is some connection between the payment and the lost wages that the payment is intended to replace. There would be no entitlement to the payment had the claimant not been employed.

The earnings 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 (Digest 5.11.3)
• 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 Digest 5.11.1; Digest 5.11.2; Digest 5.7.2.2)
• 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 (Digest 5.11.4)
• moneys on account or in lieu of pension (Digest 5.13.0), and
• payments received for withdrawal of services as a preventative measure 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 (Digest 5.11.5)

[April 2021]