Petts and the Alberta Teachers' Association, Re, (1974) 6 N.R. 346 (FCA)

JudgeJackett, C.J., Smith, D.J.
CourtFederal Court of Appeal (Canada)
Case DateOctober 28, 1974
JurisdictionCanada (Federal)
Citations(1974), 6 N.R. 346 (FCA)

Petts, Re (1974), 6 N.R. 346 (FCA)

MLB headnote and full text

Re Petts and the Alberta Teachers' Association

Indexed As: Petts and the Alberta Teachers' Association, Re

Federal Court of Appeal

Jackett, C.J., Smith, D.J.

and Primrose, D.J.

December 16, 1974.

Summary:

This case arose out of a decision of an umpire appointed pursuant to the Unemployment Insurance Act. The matter referred to the umpire dealt with the entitlement of school teachers to unemployment insurance benefits during a non-teaching period. The umpire's decision was made on the assumption that Unemployment Insurance Act Regulation 158 was valid delegated legislation.

On appeal to the Federal Court of Appeal pursuant to s. 28 of the Federal Court Act, Regulation 158 was declared invalid. The Federal Court of Appeal interpreted s. 58(h) of the Unemployment Insurance Act and held that the prohibitions contained in Regulation 158 were not authorized by s. 58(h).

The Federal Court of Appeal referred the matter back to the umpire for reconsideration on the basis that Regulation 158 was invalid.

Statutes - Topic 5367

Operation of statutes - Delegated legislation - Regulations - Doctrine of ultra vires - Validity of regulation 158 made pursuant to the Unemployment Insurance Act - Regulation 158 prohibited payment of benefits to school teachers for any week of unemployment that falls in a "non-teaching period" - The Federal Court of Appeal interpreted s. 58(h) of the Unemployment Insurance Act and held that the prohibitions contained in Regulation 158 were not authorized by s. 58(h) - The Federal Court of Appeal declared Regulation 158 invalid.

Statutes Noticed:

Unemployment Insurance Act, S.C. 1970-71-72, c. 48, sect. 58 [para. 4].

Unemployment Insurance Act, Regulations, sect. 158 [para. 4].

Counsel:

C.P. Clarke, for the applicant;

T.J. Maloney, for the respondents.

This application was heard by the Federal Court of Appeal at Edmonton, Alberta on October 28, 1974. Judgment was delivered by the Federal Court of Appeal on December 16, 1974.

The judgment of the Federal Court of Appeal was delivered by JACKETT, C.J.

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4 practice notes
  • Anderson v. Can. (A.G.), (1983) 47 N.R. 229 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • March 16, 1983
    ...s. 58(h)(i) permitted additional conditions and terms, but not a prohibition of payment. Cases Noticed: Petts et al. v. The Umpire (1974), 6 N.R. 346; 53 D.L.R.(3d) 126, appld. [para. Statutes Noticed: Unemployment Insurance Act, S.C. 1970-71-72, c. 48, sect. 58(h)(i) [para. 4]. Unemploymen......
  • Moyer v. MEI, (1981) 41 N.R. 244 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • September 28, 1981
    ...paragraphs 2 to 7. Cases Noticed: Petts et al. v. The Umpire Sub. nom. Re Petts and the Alberta Teachers' Association, [1974] 2 F.C. 225; 6 N.R. 346, folld. [para. Dick et al. v. Deputy Attorney General of Canada, [1980] 2 S.C.R 243; 32 N.R. 552, consd. [para. 4, fn. 2]. Statutes Noticed: U......
  • Canada v. Cymerman, (1996) 195 N.R. 361 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • March 28, 1996
    ...Crematorium Ltd., [1967] 2 All E.R. 576 (Ch. D.), refd to. [para. 53]. Petts and the Alberta Teachers' Association, Re, [1974] 2 F.C. 225; 6 N.R. 346 (F.C.A.), refd to. [para. Petts v. Umpire (Unemployment Insurance Act) - see Petts and the Alberta Teachers' Association, Re. Statutes Notice......
  • Webber v. Family Benefits Appeal Board (N.S.), (1983) 56 N.S.R.(2d) 606 (TD)
    • Canada
    • Nova Scotia Supreme Court of Nova Scotia
    • February 16, 1983
    ...333, [1973] 3 W.W.R. 558, 35 D.L.R.(3d) 152 (Man. C.A.), and Petts v. Unemployment Ins. Umpire, [1974] 2 F.C. 225, 53 D.L.R.(3d) 126, 6 N.R. 346 (sub nom. Re Petts and Alta. Teachers' Assn.), were cited in support of these arguments. Her argument, in my opinion, cannot prevail, and I regard......
4 cases
  • Anderson v. Can. (A.G.), (1983) 47 N.R. 229 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • March 16, 1983
    ...s. 58(h)(i) permitted additional conditions and terms, but not a prohibition of payment. Cases Noticed: Petts et al. v. The Umpire (1974), 6 N.R. 346; 53 D.L.R.(3d) 126, appld. [para. Statutes Noticed: Unemployment Insurance Act, S.C. 1970-71-72, c. 48, sect. 58(h)(i) [para. 4]. Unemploymen......
  • Moyer v. MEI, (1981) 41 N.R. 244 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • September 28, 1981
    ...paragraphs 2 to 7. Cases Noticed: Petts et al. v. The Umpire Sub. nom. Re Petts and the Alberta Teachers' Association, [1974] 2 F.C. 225; 6 N.R. 346, folld. [para. Dick et al. v. Deputy Attorney General of Canada, [1980] 2 S.C.R 243; 32 N.R. 552, consd. [para. 4, fn. 2]. Statutes Noticed: U......
  • Canada v. Cymerman, (1996) 195 N.R. 361 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • March 28, 1996
    ...Crematorium Ltd., [1967] 2 All E.R. 576 (Ch. D.), refd to. [para. 53]. Petts and the Alberta Teachers' Association, Re, [1974] 2 F.C. 225; 6 N.R. 346 (F.C.A.), refd to. [para. Petts v. Umpire (Unemployment Insurance Act) - see Petts and the Alberta Teachers' Association, Re. Statutes Notice......
  • Webber v. Family Benefits Appeal Board (N.S.), (1983) 56 N.S.R.(2d) 606 (TD)
    • Canada
    • Nova Scotia Supreme Court of Nova Scotia
    • February 16, 1983
    ...333, [1973] 3 W.W.R. 558, 35 D.L.R.(3d) 152 (Man. C.A.), and Petts v. Unemployment Ins. Umpire, [1974] 2 F.C. 225, 53 D.L.R.(3d) 126, 6 N.R. 346 (sub nom. Re Petts and Alta. Teachers' Assn.), were cited in support of these arguments. Her argument, in my opinion, cannot prevail, and I regard......