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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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*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). | *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 [[Reconsideration of Employment Insurance Decisions (8:XII)#1. Insurability Decisions | XII. B. 1 Insurability Decisions]]. | |||
== C. What LSLAP Can Do == | |||
The following is a summary of what LSLAP students can help with: | |||
*Assist a client with an initial application; | |||
*Assist a client with an application for training benefits or write-off of debt; | |||
*Assist a client with an application for Reconsideration | |||
*Appeal any unfavourable decision by the Commission: | |||
**a) write a Notice of Appeal; | |||
**b) prepare for an appeal to the General Division; | |||
**c) appear at hearing before the General Division; | |||
*Assist a client with an appeal to the Minister of National Revenue; | |||
*Appeal unfavourable decisions by the General Division to the Appeal Division; and | |||
*Help clients cut off from EI benefits write a letter of complaint to their MP. | |||
== D.What LSLAP Cannot Do == | |||
LSLAP cannot represent clients seeking judicial review of decisions made by the Appeal Division, because these are argued in the Federal Court of Appeal (and then, in the event of a further appeal, the Supreme Court of Canada). LSLAP students cannot appear before these courts. Clients can bereferred to the Community Legal Assistance Society (CLAS), as qualified legal counsel will be required. | |||
== E. 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 unless an extension of time is granted | |||
*For judicial review to the Federal Court of Appeal: '''30 days''' from the date of the ruling. | |||
For rulings that must be decided by the CRA: | |||
*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 ruling. | |||