A-803-80
Mrs. Marlyne Falardeau (Appellant)
v.
Attorney General of Canada (Respondent)
Court of Appeal, Pratte and Heald JJ. and
Lalande D.J.—Montreal, June 4, 1981.
Judicial review — Unemployment insurance — Application
to set aside the Umpire's decision that the appellant was not
entitled to unemployment insurance benefits paid to her for
July and August 1978 — Appellant was hired in September
1978 and worked as a teacher from September 1978 to June
1979 — Whether part of the salary earned as a teacher from
September 1978 to July 1979 constituted pay for July and
August 1978 — Application is allowed — Federal Court Act,
R.S.C. 1970 (2nd Supp.). c. 10, s. 28 — Education Act, R.S.Q.
1964, c. 235, ss. 1(26), 212.
APPLICATION for judicial review.
COUNSEL:
Jean-Pierre Boileau for appellant.
Guy Leblanc for respondent.
SOLICITORS:
Locas, Boileau & Boucher, St. Hyacinthe, for
appellant.
Deputy Attorney General of Canada for
respondent.
The following is the English version of the
reasons for judgment delivered orally by
PRATTE J.: Appellant is asking the Court, under
section 28 of the Federal Court Act, R.S.C. 1970
(2nd Supp.), c. 10, to set aside a decision of an
Umpire pursuant to the Unemployment Insurance
Act, 1971, S.C. 1970-71-72, c. 48. This decision
held that appellant was not entitled to the unem
ployment insurance benefits paid to her for July
and August 1978.
Appellant worked as a nurse until the middle of
August 1977. It was common ground that she was
still unemployed during July and August 1978,
and the unemployment insurance benefits to which
she was then entitled were paid to her at that time.
In September 1978, she found work as a teacher.
On September 25, 1978 she signed a contract with
the regional school commission of Yamaska under
which she was hired to teach part time from
September 1, 1978 to June 30, 1979. In January
1980, the Unemployment Insurance Commission
claimed payment from her of the benefits she had
received in July and August 1978. This claim was
based on the contention that part of the salary
appellant had earned as a teacher from September
1, 1978 to July 1, 1979 constituted pay for July
and August 1978.
The Umpire found this claim to be justified. His
decision was based on section 212 of the Educa
tion Act of Quebec, R.S.Q. 1964, c. 235, and on
the definition of the expression "school year" con
tained in subsection 1(26) of that Act:
212. The engagement of a teacher shall be for a school year,
or to complete a year already begun, or for more than one
school year in special cases approved by the Minister.
1....
(26) The words "school year" mean the twelve months from
the 1st of July of one year to and including the 30th of June of
the next year;
In the opinion of the Umpire the appellant is
deemed, despite the terms of her contract of
employment, to have been hired for a period of
twelve months from July 1, 1978.
This decision appears to me to be incorrect.
Under the terms of section 212 itself, the rule that
a teacher must be hired for the school year does
not apply when a teacher is hired to complete "a
year already begun". I interpret this provision as
meaning that the rule in question does not apply
when a teacher is hired after the start of the school
year, that is after July 1, for the remainder of the
school year. The record does not show that appel
lant was hired as a teacher before September 1,
1978. It follows, therefore, that she was hired at
that time to complete the year already begun on
the preceding July 1. That being the case, nothing
of what was paid to her as salary for the period of
her employment, September 1, 1978 to June 30,
1979, can fictitiously be regarded as having been
paid to her for the period from July 1 to Septem-
ber 1, 1978.
For these reasons, the decision a quo should, in
my view, be set aside and the matter referred back
to the Umpire to be decided by him on the
assumption that the rule enacted by section 212 of
the Education Act, namely that the hiring of a
teacher shall be for a school year, from July 1 of
one year to June 30 of the next year, does not
apply to a teacher who is hired after July 1 to
complete a school year already begun.
* * *
HEALD J. concurred.
* * *
LALANDE D.J. concurred.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.