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| Employment Insurance denials | | | Employment Insurance Denials (source : Community Legal Education Ontario and Service Canada)The law may change at any time. The information and answers to the questions below contain general information and are not a substitute for getting legal advice for your particular situation. For free legal advice, contact us at 613-632-1136 or 1-800-250-9220.The clinic can advise you if you have been denied Employment Insurance. What was once called Unemployment Insurance is now called Employment Insurance. There are different kinds of Employment Insurance benefits:- regular unemployment benefits for people who are looking for work,
- re-employment benefits to help unemployed people return to work,
- sickness benefits for people who are off work because of illness or accident,
- compassionate care benefits for people who must be off work to care for a gravely ill family member or close friend, and
- pregnancy and parental benefits for people who are pregnant or have a new baby or adopted a child.
Employment Insurance benefits are administered by the Minister of Human Resources and Skills Development and governed by the Employment Insurance Act and its Regulations. This law is of federal jurisdiction. What is the Employment Insurance Commission?The Canada Employment Insurance Commission exercises the powers, duties and functions given to it in the Employment Insurance Act and its Regulations. The Commission delegates its authority for determining entitlement to, and payment of Employment Insurance benefits, to Employment Insurance Commission agents who work in Service Canada Centres.How do I appeal a decision of the Employment Insurance Commission ?If you disagree with the Employment Insurance Commission’s decision, you have the right to appeal. There is no cost to file an appeal. You have 30 days after you receive the Employment Insurance Commission decision to file your appeal.A standard appeal form is available on the Government of Canada’s website. It is called the Notice of Appeal to the Board of Referees. Make sure it is complete, signed and dated before sending it to your Service Canada Centre. If you do not file your appeal in time (within the 30-day period), you must provide special reasons for the delay.What is the Board of Referees?The Board of Referees is an independent and impartial administrative body made up of three members of the community. The members of the Board of Referees are not government employees. They are knowledgeable about Employment Insurance legislation and are trained to examine your case in a fair manner. For more information, visit the Board of Referees section of Service Canada’s web site. Can I appeal further if the Board of Referees’ decision is not in my favour ?If the Board's decision is not in your favour, you have the right to file an appeal with the Umpire. You must tell your Service Canada Centre in writing that you want to appeal the Board's decision.You have 60 days after you receive the Board of Referees' decision to appeal to the Umpire. A standard appeal form is available on the Government of Canada’s website and is called the Notice of Appeal to the Umpire. Make sure it is complete, signed and dated before sending it to your Service Canada Centre.The role of the Umpire is to review the Board's decision to make sure that: - The Board of Referees gave you an impartial hearing or a reasonable opportunity to present your case or operated within the limits of its jurisdiction; This generally means that the Board let you present your case and heard you.
- The Board operated within the limits of its jurisdiction means that the Board had the authority to decide your case.
- The Board did not err in law in making its decision means that the decision of the Board of Referees is in accordance with the Employment Insurance Act and Regulations.
- The Board did not base its decision on a misinterpretation of the facts means that the Board looked at, understood and took into consideration all the evidence submitted.
The Umpire can either change the decision of the Board of Referees or return the appeal to the Board of Referees for a new hearing. You cannot present new facts before the Umpire unless you prove that these facts could not be discovered before the appeal to the Board of Referees.Can I appeal beyond the Umpire?Usually the decisions of the Umpire are final, but there are some situations which can be reviewed by the Federal Court of Appeal. There are fees involved in appeals at the Federal Court of Appeal level.Don’t hesitate to call us for free legal advice concerning your Employment Insurance denial. Other resources :- Community Legal Education Ontario (CLEO) www.cleo.on.ca·
- Service Canada : www.servicecanada.gc.ca
- You can consult several documents used by the Board such as the Digest of Benefit Entitlement Principles and the Index of Jurisprudence on Service Canada’s website.
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