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Difference between revisions of "Introduction to Employment Insurance (8:I)"

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Introduction to Employment Insurance (8:I) (view source)

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== B. General ==
== B. General ==


Employment Insurance (EI) is a contributory federal social insurance scheme that pays benefits to eligible workers who lose their jobs or who cannot work due to illness, pregnancy or due to responsibilities for a newborn or newly-adopted child, an ill family member, or person who considers the claimant to be like a family member.  Service Canada and the Canada Employment Insurance Commission (the Commission) administer and act as the registry for the system.
Under the Employment Insurance Act, SC 1996, c. 23 [EI Act], both employees and employers are required to contribute to the payment of premiums.  A claimant is not automatically entitled to benefits for loss of employment because they paid premiums.  Certain criteria (see Section IV: Qualifying for EI) must be met before benefits are payable.


Under the ''Employment Insurance Act'', SC 1996, c 23 [''EI Act''], both employees and employers are required to contribute to the payment of premiums.  A claimant is not automatically entitled to benefits for loss of employment because he or she paid premiums.  Certain criteria (see [[Qualifying for Employment Insurance (8:III) | Section IV: Qualifying for EI)]]) must be met before benefits are payable.
The EI regime is a multistage system.  The list immediately below shows the progression of decisions and appeals under the regime:


The EI regime is a multistage system.  the list immediately below shows the process of decisions and appeals under the regime:
a) decision made by an agent of the Commission affecting the Claimant, employer, and the Commission itself;


# decision made by an agent of the Commission affecting the Claimant, employer, and the Commission itself;
b) party applies to the Commission for Reconsideration of the Commission’s decision;
# party applies to the Commission for Reconsideration of the Commission's decision;
# party appeals to the Employment Insurance section of the General Division of the SST (Social Security Tribunal of Canada);
# party appeals decision of the General Division to the Appeal Division of the SST;
# in exceptional cases, claimant applies to Federal Court of Appeal to set aside decision of the SST.


A separate appeal structure exists for cases concerning insurability of employment.  This structure is set out in [[Reconsideration of Employment Insurance Decisions (8:XII)#1. Insurability Decisions | XII. B. 1 Insurability Decisions]].
c) party appeals to the Employment Insurance section of the General Division of the SST (Social Security Tribunal of Canada);
 
d) party appeals decision of the General Division to the Appeal Division of the SST;
 
e) in exceptional cases, claimant applies to Federal Court of Appeal to set aside decision of SST;
f) in exceptional cases, claimant appeals court’s decision to the Supreme Court of Canada. (Cases will usually only proceed to the Supreme Court of Canada if the disputed issue is of national significance).
 
A separate appeal structure exists for cases concerning the insurability of employment.  This structure is set out in '''Section XII. A. 3 Insurability Decisions'''.


== C. Deadlines for Appeals ==
== C. Deadlines for Appeals ==
LSLAP
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