Employment Insurance Regulations

Version of section 85 from 2006-03-22 to 2013-03-31:

  •  (1) An appeal brought by the Commission pursuant to section 115 of the Act shall

    • (a) be made in writing;

    • (b) contain a statement of the grounds of appeal; and

    • (c) be filed at the office of the umpire.

  • (2) An appeal pursuant to section 115 of the Act at the instance of a claimant, an employer, an association of which the claimant or employer is a member or any other person who is the subject of the decision of a board of referees shall

    • (a) be made in writing;

    • (b) contain a statement of the grounds of appeal; and

    • (c) be filed at the office of the Commission at which that decision was communicated pursuant to subsection 83(3).

  • (3) Where an appeal referred to in subsection (1) or (2) is filed, the Commission shall, within 60 days after the day on which it is filed,

    • (a) prepare a docket containing

      • (i) a copy of the appeal,

      • (ii) all documents that have been considered by the board of referees during the appeal,

      • (iii) the transcript, if any, of the evidence given before the board of referees during the appeal, and

      • (iv) the written decision of the board of referees;

    • (b) file the docket at the office of the umpire; and

    • (c) mail a copy of the docket to each interested party.

  • (4) The Commission may file a statement of observations and representations in connection with an appeal at the office of the umpire and mail a copy thereof to each interested party, within the time provided by subsection (3) or such further time as the umpire may allow under section 116 of the Act.

  • (5) The appellant or any person or association that has a direct interest in an appeal or the decision thereon may, within 15 days after the day on which the docket referred to in subsection (3) is filed or within such further time as the umpire may allow under section 116 of the Act, file a statement of observations and representations at the office of the Commission where the appeal was filed, and the Commission shall forward the statement forthwith to the umpire.

  • (6) The question as to whether any person or association has a direct interest in an appeal referred to in subsection (1) or (2) or the decision thereon shall be decided by the umpire.

  • (7) Subject to section 86, the umpire may, at any time after the period of time referred to in subsection (5), render a decision on the basis of the documents filed.

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