16. (1) For the purpose of subsection 53 (4) of the Act, the criteria for determining the average earnings of a worker who is a learner or full-time or part-time student are as set out in this section.  O. Reg. 175/98, s. 16 (1); O. Reg. 128/23, s. 1 (1). (2), (3) Revoked: O. Reg. 128/23, s. 1 (2). (4) The average earnings of a worker who is a learner shall be determined as follows: 1. If the worker was, on the date of injury, receiving any income, including training allowances, social assistance benefits, insurance benefits and employment insurance benefits, that would terminate on the worker’s receipt of payments for loss of earnings under the Act, the worker’s average earnings shall be determined with reference to the total amount of that income. 2. If the worker was not, on the date of injury, receiving any income described in paragraph 1, the worker’s average earnings shall be determined with reference to the minimum wage in effect in Ontario on the date of injury. 3. In making a determination as to average earnings under paragraph 1 or 2, if the worker was employed under a contract of service concurrent with the probationary work program or training program, the Board shall also take into account earnings from the employment. 4. Despite paragraphs 1 and 2, if the worker had accepted an offer of employment that was to begin at the completion of the probationary work program, the training program or a session of such a program, the worker’s average earnings shall be determined with reference to the average earnings the worker would earn in that employment.  O. Reg. 175/98, s. 16 (4). (5) The average earnings of a worker who is a learner shall be recalculated, (a) when the worker has completed the training program or probationary work; or (b) if the worker is unable to complete the training program or probationary work as a result of the injury, when the worker would have completed the training program or probationary work if the injury had not occurred.  O. Reg. 175/98, s. 16 (5). (6) The average earnings of a worker recalculated under subsection (5) shall be determined with reference to, (a) the average earnings of a worker employed by the employer in the same trade as that in which the worker was working when injured; (b) if the employer does not employ a worker in the same trade as that in which the worker was working when injured, the average earnings of a worker employed in the employer’s locality in the same trade; or (c) if there is no worker employed in the employer’s locality in the same trade, the average earnings of a worker employed in the closest analogous employment with the employer or others in the locality.  O. Reg. 175/98, s. 16 (6). (7) In making a determination under clause (6) (c), the Board shall consider what the worker’s level of education, aptitude and skills would likely have been at the completion of the training program.  O. Reg. 175/98, s. 16 (7). (8) The average earnings of a worker who is a student shall be determined following the date of injury taking into account, (a) the rate per week at which the worker was remunerated by each of the employers for whom he or she worked when the worker was injured; (b) any pattern of employment that resulted in a variation in the worker’s earnings; and (c) such other information as it considers appropriate.  O. Reg. 175/98, s. 16 (8). (9) The average earnings of a worker who is a student shall be recalculated, (a) if the worker is unable to complete his or her education as a result of the injury, when the worker would have completed his or her education if the injury had not occurred; or (b) in any other case, when the worker has ended his or her education.  O. Reg. 175/98, s. 16 (9). (10) The average earnings of a worker recalculated under subsection (9) shall be determined with reference to the average earnings of a worker employed in a job in which the injured worker would likely be employed if the injury had not occurred.  O. Reg. 175/98, s. 16 (10). (11) A determination under subsection (10) shall be based upon the average industrial wage for the year in which the worker’s injury occurred, and upon the worker’s level of education and his or her aptitude and skills at the time of the injury.  O. Reg. 175/98, s. 16 (11). (12) For the purpose of subsection (11), the average industrial wage for a year is the amount determined under subsection 54 (2) of the Act.  O. Reg. 175/98, s. 16 (12). Training Agencies