8Information required for purposes of subsection 108(11) of the Act

8 Information required for purposes of subsection 108(11) of the Act

(1) In this regulation:

applicant means a person whose entitlement to a loss of earnings allowance in accordance with section 108 of the Act is being considered by the Commission.

relevant absence means:

(a) in relation to an applicant referred to in subsection 108(2) of the Act, an absence for a reason referred to in paragraph 108(2)(a), (b), (c) or (d) of the Act;
(b) in relation to an applicant referred to in subsection 108(3) of the Act, an absence while attending a veteran travelling for a purpose referred to in subparagraph 108(3)(a)(i), (ii), (iii), (iv) or (v) of the Act;
(c) in relation to an applicant referred to in subsection 108(4) of the Act, an absence while participating in an investigation under section 17 of the Act;
(d) in relation to an applicant referred to in subsection 108(5) of the Act, an absence for a reason referred to in paragraph 108(5)(b) of the Act.

(2) Subject to subregulation (4), an applicant is required to furnish to the Commission the certificate or certificates, as the case may be, that, in accordance with subregulation (3), are relevant to his or her entitlement to a loss of earnings allowance in accordance with section 108 of the Act. (3) Where all or part of the period to which the entitlement of an applicant to a loss of earnings allowance in accordance with section 108 of the Act relates: (a) is a period during which the applicant was employed by a person, a certificate in an approved form by that employer or by each such employer, as the case may be, certifying the following particulars in respect of that employment, is relevant to that entitlement: (i) the period of that employment; (ii) the number of hours during which, but for the relevant absence, the applicant would have been engaged, or could reasonably have been expected to have been engaged, in that employment; (iii) the rate or rates at which, but for the relevant absence, the applicant would have been remunerated, or could reasonably have been expected to have been remunerated, during that period; (iv) the amount of earnings that, but for that absence, the applicant would have received, or could reasonably have been expected to have received, during that period; (v) where the applicant is an applicant referred to in subsection 108(5) of the Act: (A) the date on which the applicant was credited or last credited, as the case may be, with an annual sick leave entitlement (if any) by the employer; (B) the number of days in the annual sick leave entitlement (if any) with which the applicant was so credited; (C) the number of days (if any), including any part of a day, during the period of that employment in respect of which the applicant has, since the date referred to in sub‑subparagraph (A), been granted sick leave for a reason referred to in paragraph 108(2)(a), (b), (c) or (d) of the Act; or (b) is a period during which the applicant was engaged in an occupation or occupations otherwise than as an employee, a certificate in an approved form by the applicant certifying the following particulars in respect of that occupation or each of those occupations, as the case may be, is relevant to that entitlement: (i) the period of that occupation; (ii) the number of hours during which, but for the relevant absence, the applicant would have been engaged, or could reasonably have been expected to have been engaged, in that occupation; (iii) the rate or rates at which, but for the relevant absence, the applicant would have derived earnings, or could reasonably have been expected to have derived earnings, during that period; (iv) the amount of earnings that, but for that absence, the applicant would have derived, or could reasonably have been expected to have derived, during that period. (4) Where: (a) an applicant was employed by a person during all or part of the period to which his or her entitlement to a loss of earnings allowance relates; and (b) the Commission is satisfied, on reasonable grounds, that it is impracticable for the applicant to furnish under subregulation (2) a certificate by that employer relating to the particulars referred to in paragraph (3)(a) that is relevant to that entitlement; the Commission may require the applicant, instead of furnishing that certificate, to furnish such other evidence of those particulars as the applicant is reasonably capable of supplying.