Reconsideration of Claim and Liability for Overpayment

II. Principles of Law

(e) Waiver of Overpayment

In accordance with subsection 56(2) of the Employment Insurance Regulations Employment Insurance Regulations, the Commission has the power to waive an overpayment of benefits. Only the Commission has the authority to write-off an overpayment. The discretion may not be exercised by a Board of Referees, an Umpire or the Federal Court of Appeal. Although these bodies have the authority to recommend that the Commission waive an overpayment, the Commission is not bound by the recommendation.

Cornish-Hardy v. Canada, [1979] 2 F.C. 437 (F.C.A.) A-647-78 Judgment Of The Federal Court Of Appeal; affirmed [1980] 1 S.C.R. 1218 (S.C.C.) File no. 15944 Judgment of the Supreme Court Of Canada
Kenney v. Canada (E.I.C.), June 23, 1998, F.C.J. No. 918 (F.C.A.) A-845-97 Judgment Of The Federal Court Of Appeal
Canada (A.G.) v. Filiatrault [1998], F.C.J. No. 1342 (F.C.A.) A-874-97 Judgment Of The Federal Court Of Appeal
Campbell v. Canada (A.G.) , [2002] F.C.J. No. 1130, July 24, 2002 (F.C.A.) T-576-01 Judgment Of The Federal Court Of Appeal

However, the Commission must act judiciously in exercising this discretion.

Canada (A.G.) v. Lai [1998], F.C.J. No. 1016 (F.C.A.) A-525-97 Judgment Of The Federal Court Of Appeal
Campbell v. Canada (A.G.) , [2002] F.C.J. No. 1130, July 24, 2002 (F.C.A.) T-576-01 Judgment Of The Federal Court Of Appeal

In exercising its discretion, the Commission cannot disregard the findings of fact made by the Board of Referees. The Board is a quasi-judicial body which is required by the Act to hear and receive evidence from the parties and to make findings of fact. The Commission does not hold any hearings on the merits of a claim for waiver of overpayment. The Board of Referees findings of fact therefore are owed deference.

Canada (A.G.) v. Purcell, [1996] 1 F.C. 644 at 662 (F.C.A.) A-694-94 Judgment Of The Federal Court Of Appeal
Guay v. Canada (Employment Insurance Commission), [1997] F.C.J. No. 1223 (F.C.A.) A-1036-96 Judgment Of The Federal Court Of Appeal
Campbell v. Canada (A.G.) , [2002] F.C.J. No. 1130, July 24, 2002 (F.C.A.) T-576-01 Judgment Of The Federal Court Of Appeal

The absence of a false or misleading statement is a condition precedent to the exercise of the Commission’s discretionary power under subsection 56(2) of the Regulations Employment Insurance Regulations. In other words, the presence of a false or misleading declaration bars the Commission from exercising its discretionary power under Regulation 56.

Allard v. Canada (A.G.) , [2001] F.C.J. No. 1148, File No. T-27-99(F.C.T.D.) Judgment Of The Federal Court Of Appeal
Dubé v. Canada (A.G.) , [2002] F.C.J. No. 871, File No. T-1375-00, June 7, 2002 (F.C.A.) Judgment Of The Federal Court Of Appeal

[  previous Previous page  |  table of contents  |  next Next page  ]