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Difference between revisions of "Penalties, Violations, and Offences with Employment Insurance (8:VIII)"
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Penalties, Violations, and Offences with Employment Insurance (8:VIII) (view source)
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Types of penalties include warning letters, penalties, monetary penalties, prosecutions, and violations (discussed below). Most often, the Commission chooses to issue a monetary penalty (a fine). For relatively minor cases, they may issue a warning letter. | Types of penalties include warning letters, penalties, monetary penalties, prosecutions, and violations (discussed below). Most often, the Commission chooses to issue a monetary penalty (a fine). For relatively minor cases, they may issue a warning letter. | ||
Alternatively, a claimant could be prosecuted criminally (summarily). Section 135(3) of the ''EI Act'' sets the minimum fine at $200 for fraud relating to a person’s employment and Record of Employment. The maximum fine is $5,000 and where appropriate, twice the amount of benefits falsely obtained, or the fine plus imprisonment for a term of up to six months (s 135(3)) | Alternatively, a claimant could be prosecuted criminally (summarily). Section 135(3) of the ''EI Act'' sets the minimum fine at $200 for fraud relating to a person’s employment and Record of Employment. The maximum fine is $5,000 and where appropriate, twice the amount of benefits falsely obtained, or the fine plus imprisonment for a term of up to six months (s 135(3)). The Commission need only write a decision letter to the claimant to impose a very large penalty, which is much simpler than proceeding with a court case, and the standard of proof is much higher in a criminal court than for the Commission | ||
=== 1. Appealing a Decision to Impose a Penalty === | === 1. Appealing a Decision to Impose a Penalty === | ||
