Governing Legislation and Resources for Employment Insurance (8:II): Difference between revisions

Latest revision as of 12:58, 8 August 2024

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 8, 2024.

A. Employment Insurance Act, SC 1996, c 23 and Employment Insurance Regulations (SOR/96-322)

Ensure that you are working with the most recent version of the Act. The Act can be found online, as well as the regulations.

B. Carswell’s Annotated Employment Insurance Statutes

T. Stephen Lavender, The 2023 Annotated Employment Insurance Act, (Carswell, 2023).

Updated every year, Carswell’s Annotated Employment Insurance Statutes is an excellent tool for detailed legal research. It contains the entire EI Act and Regulations, accompanied by thorough annotations following each provision. These annotations provide detailed insights into the historical context of the section, as well as the interpretations and applications of the law through various legal decisions.

C. EI Jurisprudence Online

The EI homepage at https://www.canada.ca/en/services/benefits/ei.html provides Employment Insurance and leave information for workers, families, fishers, and sickness, as well as information on how to apply and how to submit a report. This website is a good starting place when researching EI information.

When preparing an appeal, it is helpful to read decisions on cases that are similar to yours. The Social Security Tribunal (“SST”) has an online library of past decisions. These decisions can be searched via a search engine located at https://decisions.sst-tss.gc.ca/sst-tss/ei-ae/en/nav_date.do.

CanLII also has a database of SST decisions located at http://www.canlii.org/en/ca/sst/.

Note that the SST does not have to follow previous SST decisions, but these could influence their decision. A prior decision may be at most persuasive, especially where the facts are similar. The tribunal must, however, follow rulings of theFederal Court, Court of Appeal, and theSupreme Court of Canada.

The Jurisprudence Library is a search tool that provided access to a database of significant and relevant decisions. Now replaced by the SST library of decisions listed above, the Jurisprudence Library housed decisions by the Umpires, the Federal Court of Appeal, and the Supreme Court of Canada. Last updated in 2022, these decisions can be searched via a search engine located at https://jurisprudence.service.canada.ca/search/index.html.

Note: The Umpires were the highest level of appeal in the EI system before being replaced by the appeal division of the SST. Canadian Umpire Benefit (CUB) decisions are decisions made by the Umpire.

A useful resource can be found in the "Employment Insurance Appeal Decisions Favourable to Workers" decisions database. The database makes available a collection of Employment Insurance jurisprudence where decisions were favourable to workers. One should be aware, however, that this section has not been updated to reflect some recent rulings favourable to workers. At the time of writing, this section was last updated in September 2012. The database can be found at: https://jurisprudence.service.canada.ca/eng/board/favourable_jurisprudence/favourable_decisions_toc.shtml.

D. Tax Court Decisions

There is a separate site for Tax Court decisions (on insurability issues, etc.). The search page is located at https://decision.tcc-cci.gc.ca/tcc-cci/35/en/nav_su_date.do.

E. Digest of Benefit Entitlement Principles

This two-volume policy manual is published by the Commission and is amended periodically. It contains a summary of general law and policy for each subject matter, with references to the relevant sections of the EI Act and Regulations, and refers to many decisions of the Umpires and Federal Court. However, it is written by the Commission, and many chapters do not accurately describe the cases. It must, therefore, be used with caution, and not as a sole reference. However, the online version is the most reliable source, as few printed versions are fully up to date. The manual can be found online.

F. Employment and Social Development Canada

Employment and Social Development Canada (“ESDC”) maintains an extensive website with many tools, which is located at https://www.canada.ca/en/employment-social-development.html.

For general information regarding EI claims, contact:

Vancouver Service Canada Centre

1263 West Broadway

Vancouver, BC V6H 1G7

Telephone: 1 (800) 206-7218

@@ Line 1: / Line 1: @@
+{{REVIEWED LSLAP | date= August 8, 2024}}
 {{LSLAP Manual TOC|expanded = EI}}
-== A. Employment Insurance Act, 1996, c 23 and Regulations ==
+== A. Employment Insurance Act, SC 1996, c 23 and Employment Insurance Regulations (SOR/96-322) ==
-'''Ensure that you are working with the most recent version of the Act.''' The legislation is published in the ''CCH Labour Law Reporter and the Employment Insurance Regulations'', SOR/96-332 P.C. 1996-1056 28 June, 1996 (''EI Regulations'') are updated by publications in the Canada Gazette. The legislation can also be found online at: http://laws-lois.justice.gc.ca/eng/index.html
+'''Ensure that you are working with the most recent version of the Act'''. The Act can be found [https://laws-lois.justice.gc.ca/eng/acts/E-5.6/ online], as well as the [https://laws-lois.justice.gc.ca/eng/regulations/sor-96-332/index.html regulations].
-The SST website also provides a list of common issues and their reference to relevant legislation:
+== B. Carswell’s Annotated Employment Insurance Statutes ==
-#Earnings and allocation of earnings (''Employment Insurance Regulations'' - sections 35 and 36)
-#Hours of insurable employment (''Employment Insurance Act'' - section 7)
-#Interruption of earnings (''Employment Insurance Act'' - section 7; ''Employment Insurance Regulations'' - section 14)
-#Late initial claims/antedate (''Employment Insurance Act'' - subsection 10(4))
-#Maximum number of weeks of benefits (''Employment Insurance Act'' - section 12)
-#Misconduct (''Employment Insurance Act'' - sections 29 and 30)
-#Outside of Canada (''Employment Insurance Act'' - section 37; ''Employment Insurance Regulations'' - section 55)
-#Penalties (''Employment Insurance Act'' - sections 38 and 39)
-#Rate of weekly benefits (''Employment Insurance Act'' - section 14; ''Employment Insurance Regulations'' - section 23)
-#Violations (''Employment Insurance Act'' - section 7.1)
-#Voluntarily leaving (''Employment Insurance Act'' - sections 29 and 30)
-#Week of unemployment (''Employment Insurance Act'' - section 11; ''Employment Insurance Regulations'' - sections 29 to 31)
-#Availability for work (''Employment Insurance Act'' - section 18; ''Employment Insurance Regulations'' - sections 9.001-9.004)
-== B. Carswell’s Annotated Employment Insurance Statutes ==
+T. Stephen Lavender, ''The 2023 Annotated Employment Insurance Act'', (Carswell, 2023).
-Lavender, T.S., Carswell (20010-). Updated every year, Carswell’s ''Annotated Employment Insurance Statutes'' is an excellent tool for detailed legal research. It contains the entire ''EI Act'' and ''Regulations'', with extensive annotations after each provision describing the history of the section, and the decisions interpreting and applying it.
+Updated every year, Carswell’s Annotated Employment Insurance Statutes is an excellent tool for detailed legal research. It contains the entire ''EI Act'' and Regulations, accompanied by thorough annotations following each provision. These annotations provide detailed insights into the historical context of the section, as well as the interpretations and applications of the law through various legal decisions.
 == C. EI Jurisprudence Online ==
-The [http://www.servicecanada.gc.ca/eng/sc/ei/index.shtml  EI homepage] has links to legislation, a jurisprudence library, and to the SST and  Umpires sections. The breadth and organization of this site makes it a good place for students to start, though students should be aware that  that certain sections may be dated or not have the information most useful to building a good case for a claimant. The Jurisprudence Library  has decisions by the Umpires, the Federal Court of Appeal and the Supreme Court of Canada. These decisions can be searched via a [www.ei-ae.gc.ca/en/library/search.shtml search engine].
+The EI homepage at https://www.canada.ca/en/services/benefits/ei.html provides Employment Insurance and leave information for workers, families, fishers, and sickness, as well as information on how to apply and how to submit a report. This website is a good starting place when researching EI information.
-Canlii has a [http://www.canlii.org/en/ca/sst/ database of SST decisions].
+When preparing an appeal, it is helpful to read decisions on cases that are similar to yours. The Social Security Tribunal (“SST”) has an online library of past decisions. These decisions can be searched via a search engine located at https://decisions.sst-tss.gc.ca/sst-tss/ei-ae/en/nav_date.do.
+CanLII also has a database of SST decisions located at http://www.canlii.org/en/ca/sst/.
-A very useful resource can be found in the "Employment Insurance Appeal Decisions Favourable to Workers" decisions database. The database  makes available a collection of Employment Insurance jurisprudence where decisions were favourable to workers. Students should be aware,  however, that this section has not been updated to reflect some recent rulings favourable to workers. At the time ofwriting, this section was last updated in September 2012. More information and a link to the database can be found at:  http://www.ae-ei.gc.ca/eng/board/favourable_jurisprudence/favourable_decisions_toc.shtml
+Note that the SST ''does not'' have to follow previous SST decisions, but these could influence their decision. A prior decision may be at most persuasive, especially where the facts are similar. The tribunal must, however, follow rulings of theFederal Court, Court of Appeal, and theSupreme Court of Canada.
-:'''NOTE:''' According to the SST website, the SST is not legally bound to follow its own decisions or those of the “legacy tribunals” (Board of  Referees, Umpires). A prior decision may beat  most persuasive, especially where the facts are similar. The tribunal must however follow rulings of the Federal Court, Court of Appeal, and the Supreme Court of Canada.
+The Jurisprudence Library is a search tool that provided access to a database of significant and relevant decisions. Now replaced by the SST library of decisions listed above, the Jurisprudence Library housed decisions by the Umpires, the Federal Court of Appeal, and the Supreme Court of Canada. Last updated in 2022, these decisions can be searched via a search engine located at https://jurisprudence.service.canada.ca/search/index.html.
+:'''Note''': The Umpires were the highest level of appeal in the EI system before being replaced by the appeal division of the SST. Canadian Umpire Benefit (CUB) decisions are decisions made by the Umpire.
+A useful resource can be found in the "Employment Insurance Appeal Decisions Favourable to Workers" decisions database. The database makes available a collection of Employment Insurance jurisprudence where decisions were favourable to workers. One should be aware, however, that this section has not been updated to reflect some recent rulings favourable to workers. '''At the time of writing, this section was last updated in September 2012'''. The database can be found at: https://jurisprudence.service.canada.ca/eng/board/favourable_jurisprudence/favourable_decisions_toc.shtml.
 == D. Tax Court Decisions ==
-There is a separate site for Tax Court decisions (on insurability issues, etc.). The search page is located at: http://cas-cdc-www02.cas-satj.gc.ca/portal/page/portal/tcc-cci_Eng/Search. Searches can be limited to UI and EI decisions.
+There is a separate site for Tax Court decisions (on insurability issues, etc.). The search page is located at https://decision.tcc-cci.gc.ca/tcc-cci/35/en/nav_su_date.do.
 == E. Digest of Benefit Entitlement Principles ==
-This two-volume policy manual is published by the Commission and is amended periodically. It is a useful research tool and reference. It contains a summary of general law and policy for each subject matter, with references to the relevant sections of the ''EI Act'' and ''Regulations'' and refers to many decisions of the Umpires and Federal Court. However, it is written by the Commission, and many chapters do not accurately describe the cases. It must therefore be used with caution, and not as the sole reference. However, the online version is the most reliable source; few printed versions are fully up to date. The manual can be found online at: [http://www.servicecanada.gc.ca/eng/ei/digest/table_of_contents.shtml  here]
+This two-volume policy manual is published by the Commission and is amended periodically. It contains a summary of general law and policy for each subject matter, with references to the relevant sections of the ''EI Act'' and Regulations, and refers to many decisions of the Umpires and Federal Court. However, it is written by the Commission, and many chapters do not accurately describe the cases. It must, therefore, be used with caution, and '''not''' as a sole reference. However, the online version is the most reliable source, as few printed versions are fully up to date. The manual can be found [https://www.canada.ca/en/employment-social-development/programs/ei/ei-list/reports/digest.html online].
+== F. Employment and Social Development Canada ==
-== F. Human Resources and Skills Development Canada ==
+Employment and Social Development Canada (“ESDC”) maintains an extensive website with many tools, which is located at https://www.canada.ca/en/employment-social-development.html.
-Human Resources and Skills Development Canada maintains an extensive web site with many tools, which is located at https://www.canada.ca/en/employment-social-development.html.
+For general information regarding EI claims, contact:
-For general information regarding EI claims contact:
+:'''Vancouver Service Canada Centre'''
+:1263 West Broadway
+:Vancouver, BC V6H 1G7
+:Telephone: 1 (800) 206-7218
-:'''Vancouver Service Canada Centre'''
-:1263 West Broadway
-:Vancouver, BC
-:Toll-free: 1-800-206-7218
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