Keeping Out of Trouble on Employment Insurance (8:IX) - Revision history

LSLAP at 19:09, 13 October 2025

2025-10-13T19:09:00Z

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LSLAP at 12:52, 8 August 2024

2024-08-08T12:52:18Z

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LSLAP at 12:52, 8 August 2024

2024-08-08T12:52:06Z

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	== A. Job Search Record ==		== A. Job Search Record ==

	~~Once a claim is established, the basic eligibility requirement to receive regular EI benefits is that claimants be able to~~ prove ~~that~~ they are “capable of and available for ~~work and are~~ unable to find suitable employment~~.” To help prove this~~, the claimant should keep a job search record. This ~~may make~~ disentitlement ~~less likely~~ and improve ~~the~~ chances of success ~~should~~ an appeal be necessary. In fact, the Commission may send to the claimant a form that is essentially a job search record. ~~This~~ is called an “active job search statement.” The statement will require the claimant to provide:		To prove they are “capable and available for work” but unable to find suitable employment, the claimant should keep a job search record after their claim is established. This will help protect the claimant from disentitlement and improve their chances of success if an appeal becomes necessary. In fact, the Commission may send to the claimant a form that is essentially a job search record. If the form is not filled out and returned, the claimant’s disentitlement may follow. The form is called an “active job search statement.” The statement will require the claimant to provide:

	* names of the businesses applied to and the names of the persons who interviewed the claimant;		* names of the businesses applied to and the names of the persons who interviewed the claimant;
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	* results of application.		* results of application.

	~~Potential employers need not sign the statement or record. They, however, may be contacted by the Commission to confirm the facts reported. If the form is not returned, disentitlement may follow.~~		The claimant should always maintain a job search record with this information, even if doing so is not required by the Commission. The job search record should include everything done to look for work. Every attempt made in search of work counts (including such things as contacting family members about employment opportunities, “cold calling,” etc.). The difficulty is that many claimants do not keep such records even though they have been warned to do so. In such cases, the claimant’s representative can only do the following:

	~~Even though an “active job search statement” may not be required, the~~ claimant should ~~keep~~ a job search record with this ~~same~~ information. The job search record should include everything done to look for work. ~~It should be~~ made ~~clear that every attempt or type~~ of ~~attempt~~ counts (including such things as contacting family members about employment opportunities, “cold calling,” etc.). The difficulty is that many claimants do not keep such records even though they have been warned to do so. In such cases, the claimant’s representative can only do the following:

	* advise the claimant to keep such lists in the future; and		* advise the claimant to keep such lists in the future; and
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	To protect against a potentially misleading report, the claimant should try to be as general as possible in their report. However, telling the truth during the interview is imperative. For example, the client should state, if true, that they would accept the going rate rather than stating their desired wage.		To protect against a potentially misleading report, the claimant should try to be as general as possible in their report. However, telling the truth during the interview is imperative. For example, the client should state, if true, that they would accept the going rate rather than stating their desired wage.

	If the claimant decides, after ~~the Report~~ is read to them, that it is incorrect or misleading, the ~~claimant should tellthe~~ Officer immediately, ~~because~~ the Officer ~~may~~ correct the report immediately. If the Officer refuses or if the claimant later decides that they disagree, the claimant should write a letter stating their position. This is important since an appeal may be necessary and such an immediate reaction by the claimant may convince the Board of their honesty and integrity. It may also lead to the earlier reinstatement of a claimant who is disentitled for unreasonably restricting their job search.		If the claimant decides, after it is read to them, that it the Report is incorrect or misleading, they should tell the Officer immediately, to give the Officer a chance to correct the report immediately. If the Officer refuses or if the claimant later decides that they disagree, the claimant should write a letter stating their position. This is important since an appeal may be necessary and such an immediate reaction by the claimant may convince the Board of their honesty and integrity. It may also lead to the earlier reinstatement of a claimant who is disentitled for unreasonably restricting their job search.

	=== 2. Disputing the Report at an Appeal ===		=== 2. Disputing the Report at an Appeal ===
			If there is a disentitlement based on the Report of Interview and an appeal follows, the SST may be willing to accept explanations and modifications of the report. There must be evidence to support these modifications. Further, their usual position will be that since the statement was read to the claimant, it must be true. There is an established principle supported by several court decisions to the effect that “statements made before disentitlement are to be believed more than statements made after disentitlement,” the latter suspected of being self-serving. One effective way for a claimant to demonstrate willingness to accept wages lower than the figure stated on the application form or in an interview report is to prove that they actively pursued jobs paying a lower salary than reported.
	If there is a disentitlement based on the Report of Interview and an appeal follows, the SST may be willing to accept explanations and modifications of the report. There must be evidence to support these modifications. Further, their usual position will be that since the statement was read to the claimant, it must be true. There is an established principle supported by several court decisions to the effect that “statements made before disentitlement are to be believed more than statements made after disentitlement,” the latter suspected of being self-serving. One effective way for a claimant to demonstrate willingness to accept wages lower than the figure stated on the application form or in an interview report is to prove that they actively pursued ~~a job possibility~~ paying a lower ~~amount after learning what the~~ salary ~~was~~.

	== C. Reporting ==		== C. Reporting ==

Clicklaw Editor at 19:04, 29 August 2023

2023-08-29T19:04:18Z

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LSLAP: /* C. Reporting */

2023-08-23T22:04:37Z

C. Reporting

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	* By telephone at 1 (800) 531-7555		* By telephone at 1 (800) 531-7555
	* Online: https://srv265.hrdc-drhc.gc.ca/interdec/ouverturedesession-login/~~ouverturedesessionlogin~~.aspx?lang=eng		* Online: https://srv265.hrdc-drhc.gc.ca/interdec/ouverturedesession-login/ouverturedesession-login.aspx?lang=eng
	* By mailing a paper report		* By mailing a paper report

LSLAP: /* A. Job Search Record */

2023-08-23T22:03:50Z

A. Job Search Record

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	Once a claim is established, the basic eligibility requirement to receive regular EI benefits is that claimants be able to prove that they are “capable of and available for work and are unable to find suitable employment.” To help prove this, the claimant should keep a job search record. This may make disentitlement less likely and improve the chances of success should an appeal be necessary. In fact, the Commission may send to the claimant a form that is essentially a job search record. This is called an “active job search statement.” The statement will require the claimant to provide:		Once a claim is established, the basic eligibility requirement to receive regular EI benefits is that claimants be able to prove that they are “capable of and available for work and are unable to find suitable employment.” To help prove this, the claimant should keep a job search record. This may make disentitlement less likely and improve the chances of success should an appeal be necessary. In fact, the Commission may send to the claimant a form that is essentially a job search record. This is called an “active job search statement.” The statement will require the claimant to provide:


	* names of the businesses applied to and the names of the persons who interviewed the claimant;		* names of the businesses applied to and the names of the persons who interviewed the claimant;
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	The claimant should make the job search record as detailed and complete as possible. Include friends contacted regarding job openings, and '''all efforts''' made to look for a job. The claimant must at all times try to convince the Commission that they are making a great effort to find a job.		The claimant should make the job search record as detailed and complete as possible. Include friends contacted regarding job openings, and '''all efforts''' made to look for a job. The claimant must at all times try to convince the Commission that they are making a great effort to find a job.


	== B. Interviews with an Investigation and Control Officer ==		== B. Interviews with an Investigation and Control Officer ==

LSLAP at 22:03, 23 August 2023

2023-08-23T22:03:21Z

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Clicklaw Editor: /* A. Job Search Record */

2022-09-13T18:14:33Z

A. Job Search Record

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	Claimants should also keep a record of all telephone calls and any other kind of contact for further evidence of job searching. Below is an example of a “job search record”:		Claimants should also keep a record of all telephone calls and any other kind of contact for further evidence of job searching. Below is an example of a “job search record”:

	:June 12 – 15: Checked The Sun and The Province want ads every day.		:June 12 – 15: Checked ''The Sun'' and ''The Province'' want ads every day.

	:June 12: Phoned Ajax Plumbing: George Brown, Manager, said not to send in a written application, but to call back in a month.		:June 12: Phoned Ajax Plumbing: George Brown, Manager, said not to send in a written application, but to call back in a month.

Clicklaw Editor: /* 1. What to Include in Reports */

2022-09-13T18:10:19Z

1. What to Include in Reports

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	*Money received from a private or individual insurance plan paid for by the claimant should not be included.		*Money received from a private or individual insurance plan paid for by the claimant should not be included.

	The information given must be accurate, otherwise the claimant could be accused of a false or misleading statement. If the claimant needs to update a report, for example to change the amount of earnings reported, they should call the Telephone Reporting Service immediately. The Commission has a policy that they will not charge or prosecute a claimant for giving false or misleading information if the claimant volunteers the correct information before an investigation begins.		The information given must be accurate, otherwise, the claimant could be accused of a false or misleading statement. If the claimant needs to update a report, for example to change the amount of earnings reported, they should call the Telephone Reporting Service immediately. The Commission has a policy that they will not charge or prosecute a claimant for giving false or misleading information if the claimant volunteers the correct information before an investigation begins.


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Clicklaw Editor: /* 1. What to Include in Reports */

2022-09-13T18:08:12Z

1. What to Include in Reports

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	*gross income;		*gross income;
	*earnings for the week they are earned, not the week they are received; and		*earnings for the week they are earned, '''not''' the week they are received; and
	*all money received and declared should include some reference to the source and reason for the payment since it may or may not count as earnings (''EI Regulations'', s 35).		*all money received and declared should include some reference to the source and reason for the payment since it may or may not count as earnings (''EI Regulations'', s 35).
	*Money received from a private or individual insurance plan paid for by the claimant should not be included.		*Money received from a private or individual insurance plan paid for by the claimant should not be included.