PF v Canada Employment Insurance Commission

PF v Canada Employment Insurance Commission

Paragraph 37(b) of the Act, read with section 55 of the Regulations, disentitles claimants from EI while outside Canada unless they fall within the specific exemptions in section 55; the claimant did not satisfy any exemption and the Tribunal lacks authority to expand the prescribed exemptions, so the claimant is...

Source-derived case information.

Citation
2022 SST 411
Parties
Claimant: P. F.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
7 March 2022
Procedural Posture
Employment Insurance General Division / Hearing and Decision (appeal Dismissed)
Outcome
Appeal dismissed; claimant disentitled to EI benefits from November 22, 2021 because he was outside Canada
Legal Topics
Entitlement While Outside Canada, Availability for Work, Interpretation of Regulations, Residency and Jurisdiction
Source Language
english
Employment Insurance Social Security Administrative Law Entitlement While Outside Canada Availability for Work Interpretation of Regulations Residency and Jurisdiction

Source-derived case record

Summary, issues, holding and outcome

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Parties

P. F.

Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance General Division / Hearing and Decision (appeal Dismissed)

Legal Issues

  1. 1 Whether the claimant is entitled to EI benefits while physically outside Canada
  2. 2 Whether section 18 of the Employment Insurance Act affects entitlement under paragraph 37(b) of the Act
  3. 3 Whether the Tribunal has authority to expand the exemptions listed in section 55 of the Regulations

Ratio Decidendi

Paragraph 37(b) of the Act, read with section 55 of the Regulations, disentitles claimants from EI while outside Canada unless they fall within the specific exemptions in section 55; the claimant did not satisfy any exemption and the Tribunal lacks authority to expand the prescribed exemptions, so the claimant is disentitled from November 22, 2021.

Court Disposition

Appeal dismissed; claimant disentitled to EI benefits from November 22, 2021 because he was outside Canada

Orders

  • Appeal dismissed
  • Claimant disentitled to EI benefits from November 22, 2021