Anonymous

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

From Clicklaw Wikibooks

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

Revision as of 06:02, 23 August 2023

266 bytes added ,  23 August 2023
no edit summary
No edit summary
Line 1: Line 1:
{{REVIEWED LSLAP | date= August 15, 2022}}
{{REVIEWED LSLAP | date= August 1, 2023}}
{{LSLAP Manual TOC|expanded = EI}}
{{LSLAP Manual TOC|expanded = EI}}


== A. Keeping Up to Date on Changes to Employment Insurance ==
== A. Keeping Up to Date on Changes to Employment Insurance ==


When working with an Employment Insurance claim, always ensure that you are working with the most updated information. Consult Service Canada’s Employment Insurance website before proceeding.
When working with an Employment Insurance claim, always ensure that you are working with the most updated information. Consult Service Canada’s Employment Insurance website before proceeding.


== 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 considered 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.
Employment Insurance (“'''EI'''”) is a federal social insurance scheme that operates on a contributory basis. It provides benefits to eligible workers who experience job loss or are unable to work due to reasons such as illness, pregnancy, or caring for a newborn/newly adopted child or an ill family member (or someone considered 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.
 
 
In accordance with the ''Employment Insurance Act'', SC 1996, c 23 [the “'''''EI Act'''''”], both employees and employers are required to contribute to the payment of premiums. It is important to note that payment of premiums alone does not automatically guarantee entitlement to benefits for job loss. Before benefits can be granted, specific criteria (outlined in [[Qualifying for Employment Insurance (8:III)|'''Section III: Qualifying for EI''']]) must be satisfied.
 
 
The appeal process for Employment Insurance operates as a multistage system. The progression of decisions and appeals under the Employment Insurance regime is as follows:
 
# a decision is made by an agent of the Commission affecting the claimant, employer, and the Commission itself;
# a party applies to the Commission for reconsideration of the Commission’s decision;
# a party appeals to the Employment Insurance section of the General Division of the Social Security Tribunal of Canada (the “'''SST'''”);
# a party applies for leave to appeal and then, if leave is granted, appeals the decision of the General Division to the Appeal Division of the SST;
# in exceptional cases, the claimant applies to the Federal Court of Appeal for Judicial Review;
# in rare instances, the claimant appeals the court’s decision to the Supreme Court of Canada (“'''SCC'''”) – cases will usually only proceed to the SCC if the disputed issue is of '''national significance'''.


The EI appeal process is a multistage system.  The list immediately below shows the progression of decisions and appeals under the regime:


:a) decision made by an agent of the Commission affecting the Claimant, employer, and the Commission itself;
A separate appeal structure exists for cases concerning the insurability of employment. This structure is set out in Section [[Reconsideration of Employment Insurance Decisions (8:XII)|'''XII.B.1 – Insurability Decisions.''']]
:b) party applies to the Commission for Reconsideration of the Commission’s decision;
:c) party appeals to the Employment Insurance section of the General Division of the SST (Social Security Tribunal of Canada);
:d) party applies for leave to appeal and then, if leave is granted, appeals decision of the General Division to the Appeal Division of the SST;
:e) in exceptional cases, claimant applies to Federal Court of Appeal for Judicial Review;
: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 ==


*For Requests for Reconsideration: '''30 days'''
*For appeals to the General Division: '''30 days''' from the date the Reconsideration decision was communicated to the applicant
*For appeals to the Appeal Division:  '''30 days''' from the time the decision was communicated to the applicant
*For judicial review to the Federal Court of Appeal: '''30 days''' from the date of the decision was communicated (Federal Courts Act, RSC 1985, c F-7, s 18.1).
*Note that for all deadlines, requests for an extension of the deadline may be made to the governing body.


For rulings that must be decided by the CRA:
* Requests for Reconsideration: '''30 days.'''
*For a claimant’s requests for rulings to the Canada Revenue Agency (CRA): Before '''June 30th''' in the year following the year to which the question relates. Note that the CRA rules on insurability issues.
 
*For appeals to the Minister of National Revenue from a CRA decision: '''90 days''' from the date of the notification of the ruling (EI Act, s 91).
* Appeals to the ''General Division'': '''30 days''' from the date the reconsideration decision was communicated to the applicant.
 
* Appeals to the ''Appeal Division'': '''30 days''' from the date the General Division decision was communicated to the applicant.
 
* Judicial Review to theFederal Court of Appeal: '''30 days''' from the date the Appeal Division decision was communicated to the applicant (''Federal Courts Act'', RSC 1985, c F-7, s 18.1).
 
* Requests for Rulings to the Canada Revenue Agency (“CRA”): By '''June 29th''' of the year ''after'' the year to which the question relates.
 
* Appeals to the Minister of National Revenue from a CRA Decision: '''90 days''' from the date of the notification of the ruling (''EI Act'', s. 91).
 
 
'''Note''': For all deadlines, requests for an extension of the deadline may be made to the applicable governing body.
 




{{LSLAP Manual Navbox|type=chapters8-14}}
{{LSLAP Manual Navbox|type=chapters8-14}}
LSLAP
6,151

edits

Retrieved from "https://wiki.clicklaw.bc.ca/index.php?title=Special:MobileDiff/56438"