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Difference between revisions of "Reconsideration of Employment Insurance Decisions (8:XII)"
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Reconsideration of Employment Insurance Decisions (8:XII) (view source)
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:'''Online:''' https://atip-aiprp.apps.gc.ca/atip/welcome.do | :'''Online:''' https://atip-aiprp.apps.gc.ca/atip/welcome.do | ||
Obtaining a copy of the claimant's file may be the only way to see material submitted by the employer, which will be especially important in cases where misconduct or just cause for leaving employment | Obtaining a copy of the claimant's file may be the only way to see material submitted by the employer, which will be especially important in cases where misconduct or just cause for leaving employment is the subject of the appeal. | ||
The claimant will be informed in writing of the decision following the Reconsideration. If the decision is unfavourable to the claimant, a Service Canada employee will provide a verbal explanation. | The claimant will be informed in writing of the decision following the Reconsideration. If the decision is unfavourable to the claimant, a Service Canada employee will provide a verbal explanation. | ||
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The following issues cannot be Reconsidered: | The following issues cannot be Reconsidered: | ||
*certain discretionary benefits, such as training courses, | *certain discretionary benefits, such as training courses, employment (training) benefits and work-sharing, see above and the ''EI Act'' ss 24, 25, and 64; and | ||
*insurability issues, which are subject to a separate decision-making and appeal process that must be appealed to the Minister of National Revenue, the Tax Court. (see [[Qualifying for Employment Insurance (8:III)#A. Insurable Employment | Section III.A: Insurable Employment]], and ss 90–105 of the ''EI Act''). | *insurability issues, which are subject to a separate decision-making and appeal process that must be appealed to the Minister of National Revenue, the Tax Court. (see [[Qualifying for Employment Insurance (8:III)#A. Insurable Employment | Section III.A: Insurable Employment]], and ss 90–105 of the ''EI Act''). | ||
*decisions concerning the write-off of debt from overpayment or penalty (''EI Act'', s 112.1) | *decisions concerning the write-off of debt from overpayment or penalty (''EI Act'', s 112.1) | ||
*decisions concerning the election between the old and new | *decisions concerning the election between the old and new formula for earnings while on claim (''EI Regulations'' 77.96(8)) | ||
=== 1. Insurability Decisions === | === 1. Insurability Decisions === | ||
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) | 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) of the ''EI Act''. | ||
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. | 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. | ||
