Difference between revisions of "Reconsideration of Employment Insurance Decisions (8:XII)"

Reconsideration of Employment Insurance Decisions (8:XII) (view source)

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 === 1. Insurability Decisions ===
-Certain decisions concerning “insurable employment” must be appealed to the CRA or the Minister of National Revenue. These appeals under s 90(1) include:
+Certain decisions concerning “insurable employment” must be appealed to the CRA or the Minister of National Revenue. These appeals can be found in s.90(1)
-*a) whether an employment is insurable;
-*b) how long an employment lasts, including the dates on which it begins and ends;
-*c) the amount of any insurable earnings;
-*d) how many hours an insured person has had in insurable employment;
-*e) whether a premium is payable;
-*f) the amount of a premium payable;
-*g) who is the employer of an insured person;
-*h) whether employers are associated employers; and
-*i) what amount shall be refunded under ss 96(4) to (10).
 For an example of the appeal process, consult ''McPhee v Minister of National Revenue'', 2005 TCC 502. In deciding whether the claimant was an  employee or an independent contractor, the court allowed a consideration of the parties’ intentions.