Claim Procedure and Entitlement to Benefits
II. Principles of Law
(b) Not In Canada
Except as otherwise prescribed by the legislation, a claimant is not entitled to receive benefits for any period during which the claimant is not in Canada.
Section 37(b) Employment Insurance Act
Employment Insurance ActSection 55 Employment Insurance Regulations
Employment Insurance Regulations
These legislative provisions are not an infringement of a claimant's mobility rights as guaranteed by subsection 6(1) of the Canadian Charter of Rights and Freedoms The Canadian Charter of Rights and Freedoms. While the Employment Insurance Act has the effect of disentitling claimants from receiving benefits subject to certain exceptions, the right to leave Canada is unimpaired.
Subsection 6(1) of the Charter does not protect a claimant from the economic disadvantage associated with his or her choice to leave Canada for vacation purposes.
Smith v. Canada (A.G.) , February 9, 2000 (F.C.A.) A-401-99 Judgment Of The Federal Court Of Appeal; (S.C.C.) December 7, 2001 File no. 27844 Judgment of the Supreme Court Of Canada S.C.J. 86
Information made available by Customs to the Commission, namely, the traveler's name, date of departure from and return to Canada is electronically matched with the Commission's database of claimants.
The Commission retains the information in respect of those Canadian residents who were outside Canada and who received employment insurance benefits. The purpose is to identify claimants who fail to report that they are outside Canada while receiving benefits with a view to recovering any resulting overpayment, and where appropriate, to imposing penalties.
This disclosure of personal information by Customs to the Commission is authorized by section 8 of the Privacy Act and section 108 of the Customs Act.
Section 8 Privacy Act, R.S.C. 1985, c. P-21 Federal Court Act
Section 108 Customs Act, R.S.C. 1985, c.1 (2nd Supp.) Federal Court Act
Re: Canada (Privacy Commissioner) , February 9, 2000 (F.C.A.); A-121-99 Judgment Of The Federal Court Of Appeal, Supreme Court of Canada, Decembre 7, 2001, File no 27846 S.C.J. 86 Judgment of the Supreme Court Of Canada