Employment Insurance Act (S.C. 1996, c. 23)

Marginal note:Debts to Crown

• 47. (1) All amounts payable under section 38, 39, 43, 45, 46 or 46.1 are debts due to Her Majesty and are recoverable in the Federal Court or any other court of competent jurisdiction or in any other manner provided by this Act.

• Marginal note:Recovery

  (2) If benefits become payable to a claimant, the amount of the indebtedness may be deducted and retained out of the benefits.

• Marginal note:Limitation

  (3) No amount due under this section may be recovered more than 72 months after the day on which the liability arose.

• Marginal note:Appeals

  (4) A limitation period established by subsection (3) does not run when there is pending an appeal or other review of a decision establishing the liability.

Marginal note:Claim required

• 48. (1) No benefit period shall be established for a person unless the person makes an initial claim for benefits in accordance with section 50 and the regulations and proves that the person is qualified to receive benefits.

• Marginal note:Information required

  (2) No benefit period shall be established unless the claimant supplies information in the form and manner directed by the Commission, giving the claimant’s employment circumstances and the circumstances pertaining to any interruption of earnings, and such other information as the Commission may require.

• Marginal note:Notification

  (3) On receiving an initial claim for benefits, the Commission shall decide whether the claimant is qualified to receive benefits and notify the claimant of its decision.

Marginal note:Proof required

• 49. (1) A person is not entitled to receive benefits for a week of unemployment until the person makes a claim for benefits for that week in accordance with section 50 and the regulations and proves that

  • (a) the person meets the requirements for receiving benefits; and

  • (b) no circumstances or conditions exist that have the effect of disentitling or disqualifying the person from receiving benefits.

• Marginal note:Benefit of the doubt

  (2) The Commission shall give the benefit of the doubt to the claimant on the issue of whether any circumstances or conditions exist that have the effect of disqualifying the claimant under section 30 or disentitling the claimant under section 31, 32 or 33, if the evidence on each side of the issue is equally balanced.

• Marginal note:Notification

  (3) On receiving a claim for benefits, the Commission shall decide whether benefits are payable to the claimant for that week and notify the claimant of its decision.

Marginal note:Entitlement to benefits

• 50. (1) A claimant who fails to fulfil or comply with a condition or requirement under this section is not entitled to receive benefits for as long as the condition or requirement is not fulfilled or complied with.

• Marginal note:How a claim must be made

  (2) A claim for benefits shall be made in the manner directed at the office of the Commission that serves the area in which the claimant resides, or at such other place as is prescribed or directed by the Commission.

• Marginal note:Form

  (3) A claim for benefits shall be made by completing a form supplied or approved by the Commission, in the manner set out in instructions of the Commission.

• Marginal note:Time

  (4) A claim for benefits for a week of unemployment in a benefit period shall be made within the prescribed time.

• Marginal note:Additional information

  (5) The Commission may at any time require a claimant to provide additional information about their claim for benefits.

• Marginal note:Making claim or providing information in person

  (6) The Commission may require a claimant or group or class of claimants to be at a suitable place at a suitable time in order to make a claim for benefits in person or provide additional information about a claim.

• Marginal note:Registration for employment

  (7) For the purpose of proving that a claimant is available for work, the Commission may require the claimant to register for employment at an agency administered by the Government of Canada or a provincial government and to report to the agency at such reasonable times as the Commission or agency directs.

• Marginal note:Proof of efforts to obtain employment

  (8) For the purpose of proving that a claimant is available for work and unable to obtain suitable employment, the Commission may require the claimant to prove that the claimant is making reasonable and customary efforts to obtain suitable employment.

• Marginal note:Mailing address

  (9) A claimant shall provide the mailing address of their normal place of residence, unless otherwise permitted by the Commission.

• Marginal note:Waiver or variation of requirements

  (10) The Commission may waive or vary any of the conditions and requirements of this section or the regulations whenever in its opinion the circumstances warrant the waiver or variation for the benefit of a claimant or a class or group of claimants.