Out of Canada

Disclaimer:
*This asterisk denotes recent case law.

Questions to Answer



  1. Was the claimant out of Canada?
  2. What period was claimant out of Canada?
  3. Does the claimant fall within one of the exceptions of section 55 of the Regulations   Employment Insurance Regulations?
  4. Should a disentitlement apply?


References


 
Act: paragraph 37(b) Employment Insurance Act
Regulations: section 55 Employment Insurance Regulations  

Legal test


 
A claimant outside of Canada is not entitled to benefits (paragraph 37(b) Employment Insurance Act) except as provided under Regulations section 55 Employment Insurance Regulations .

Onus of proof


 
Claimant must prove that the requirements for receiving benefits are met, and there are no disentitling or disqualifying conditions subsection 49(1) Employment Insurance Act.

Key Case Law


 
CUB 23424 Umpire Decision:  Clear language used in legislation.

PETERSON A-370-95 Judgment Of The Federal Court Of Appeal :  Medical treatment in spa in California. Onus on claimant to prove requirements of the Regulations.

PRIVACY COMMISSIONER v. A.G CANADA 2001 SCC 89. File No. 27846 Judgement Of The Supreme Court Of Canada, DEBORAH SMITH v. A.G. CANADA 2001 SCC 88. File No. 27844 Judgement Of The Supreme Court Of Canada The Customs Data Match program with CCRA does not violate the Canadian Charter of Rights and Freedoms or the Privacy Act.



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