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A-3-87
Louis Vigneault, Roger Boisvert, Lucien Bou- rassa, Lionel Côté, Michel Crépin, Christian Fon- taine, Yves Labonté, Renaud Lapointe, Pierre Levasseur, Normand Pagé, Jacques Veillette, Yvon Morisette, Yvon Baillargeon, Jean Bouras- sa, Paul Lesieur and Louis Crête (Applicants)
v.
Canada Employment and Immigration Commis sion (Respondent)
and
Mr. Justice Pinard, Umpire and Deputy Attorney General of Canada (Mis -en-cause)
INDEXED AS: VIGNEAULT V. CANADA (CANADA EMPLOYMENT AND IMMIGRATION COMMISSION)
Court of Appeal, Pratte, Lacombe and Desjardins IL—Montréal, March 3, 1988.
Unemployment insurance Application to review Umpire's decision payment "earnings" Whether vacation pay exempt from earnings under s. 57(3)(h) of Regulations Applicants argued "in respect of his severance from employment" refers only to payments made pursuant to policy, not collective agreement French version of statute shows words qualify both Application dismissed.
Construction of statutes Phrase interpreted, in previous case, by Federal Court of Appeal based on English version of Unemployment Insurance Regulations Interpretation incon sistent with French version No error in drafting French version Reliance on English version alone unjustified Only possible interpretation of French version reconcilable with English Court not following earlier decision.
STATUTES AND REGULATIONS JUDICIALLY CONSIDERED
Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, s. 28. Unemployment Insurance Regulations, C.R.C., c. 1576,
s. 57(3)(h) (as am. by SOR/85-288, s. 1). Unemployment Insurance Act, 1971, S.C. 1970-71-72,
c. 48.
CASES JUDICIALLY CONSIDERED
NOT FOLLOWED:
Vennari v. Canada (Canada Employment and Immigra tion Commission), [1987] 3 F.C. 129 (C.A.).
DISTINGUISHED:
R. v. Compagnie Immobilière BCN Ltée, [1979] 1 S.C.R. 865.
COUNSEL:
Jean Guy Ouellet and Gilbert Nadon for applicants.
Johanne Levasseur for respondent and mis - en-cause, the Deputy Attorney General of Canada.
SOLICITORS:
Campeau, Cousineau & Ouellet, Montréal, for applicants.
Deputy Attorney General of Canada for respondent and mis -en-cause, the Deputy Attorney General of Canada.
The following is the English version of the reasons for judgment of the Court delivered orally by
PRATTE J.: We do not need to hear from you, Ms. Levasseur.
This is an appeal from a decision of an umpire under the Unemployment Insurance Act, 1971 [S.C. 1970-71-72, c. 48]. According to that deci sion, vacation pay received by the applicant pursu ant to a collective agreement in effect prior to December 31, 1984, constituted earnings within the meaning of section 57 of the Unemployment Insurance Regulations [C.R.C., c. 1576 (as am. by SOR/85-288, s. 1)] because this money was not paid in respect of the applicant's severance from employment.
Counsel for the applicant argued that under paragraph 57(3)(h) of the Regulations, the money in question did not constitute earnings, even though this money was not in any way paid in respect of the applicant's separation from employ ment. He based his argument on this Court's recent decision in the Vennari case (Vennari v. Canada (Canada Employment and Immigration Commission, [1987] 3 F.C. 129), where Stone J., speaking for the Court, said [at pages 142-143] that the words "in respect of his severance from employment" qualify only payments made pursu-
ant to an employer's written policy and not those made pursuant to a collective agreement.
It is clear that this statement by Stone J. was made in light of the English version of the Regula tions alone. The interpretation he puts forward, although consistent with the English version, is absolutely inconsistent with the French version of the Regulations, in which the words "qui se rap- portent à la cessation définitive de son emploi" clearly qualify moneys paid pursuant to a collec tive agreement as well as those paid pursuant to an employer's written policy. This is not a case where, as in R. v. Compagnie Immobilière BCN Ltée, [1979] 1 S.C.R. 865, an error was made in the drafting of the French version of the Regulations, justifying reliance on the English version alone. Furthermore, the only possible interpretation of the French version is easily reconcilable with the English version, whose meaning it clarifies. It fol lows, in our view, that the interpretation put for ward by Stone J. must be rejected and that Ven- nard should not be followed on this point.
The Umpire therefore decided correctly. The application under section 28 of the Federal Court, Act [R.S.C. 1970 (2nd Supp.), c. 10] will be dismissed.
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