(1)

For the purposes of section 98, the example period for an incapacitated Reservist who is incapacitated for work is the latest period of 2 weeks:

(a) during which the Reservist was continuously engaged in civilian work; and
(b) ending before the onset date for the incapacity.

(2)

However, the Commission may determine as the example period :

(a) a different 2 week period that it considers reasonable; or
(b) a period of a different length that it considers reasonable;

if the civilian daily earnings for the example period under subsection (1) would not fairly represent the daily rate at which the Reservist was being paid for his or her civilian work before the onset date for the incapacity .