Canada Employment Insurance Commission v JE

Canada Employment Insurance Commission v JE

Section 153.9(1) establishes an income loss requirement for EI ERB eligibility (no income for at least seven consecutive days within the two-week benefit period) and s.153.9(4) is a deeming exception that treats claimants as meeting that requirement if they receive income not exceeding $1,000 over four weeks;...

Source-derived case information.

Citation
2022 SST 201
Parties
Appellant: Canada Employment Insurance Commission; Respondent: J. E.
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
23 March 2022
Procedural Posture
Social Security Tribunal Appeal From General Division / Appeal Division Decision
Outcome
Appeal dismissed; General Division decision upheld
Legal Topics
Income Eligibility, Emergency Response Benefit (ei Erb), Deeming Provision, Error of Law on Appeal, Retroactive Assessment
Source Language
english
Employment Insurance Administrative Law Statutory Interpretation Social Security Public Law Income Eligibility Emergency Response Benefit (ei Erb) Deeming Provision +2 more

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Parties

Canada Employment Insurance Commission

Appellant

J. E.

Respondent

Procedural Posture

Social Security Tribunal Appeal From General Division / Appeal Division Decision

Legal Issues

  1. 1 Whether s.153.9(4) of the Employment Insurance Act creates automatic ineligibility for claimants earning more than $1,000 in any four-week period
  2. 2 Whether the General Division erred in statutory interpretation by failing to consider context and purpose in interpreting s.153.9
  3. 3 Whether eligibility for EI ERB is satisfied by either a seven consecutive day income loss within a two-week benefit period or by earning less than $1,000 over any four-week period

Ratio Decidendi

Section 153.9(1) establishes an income loss requirement for EI ERB eligibility (no income for at least seven consecutive days within the two-week benefit period) and s.153.9(4) is a deeming exception that treats claimants as meeting that requirement if they receive income not exceeding $1,000 over four weeks; s.153.9(4) does not make earning more than $1,000 over four weeks an automatic bar to eligibility. Therefore a claimant is eligible if they meet either the seven-day no-income test in a two-week period or the four-week $1,000 deeming exception.

Court Disposition

Appeal dismissed; General Division decision upheld

Orders

  • Appeal dismissed
  • General Division decision dated August 31, 2021 affirmed