ARCHIVED — Vol. 146, No. 51 — December 22, 2012

Regulations Amending the Employment Insurance Regulations

Statutory authority

Employment Insurance Act

Sponsoring department

Department of Human Resources and Skills Development

REGULATORY IMPACT ANALYSIS STATEMENT

For the Regulatory Impact Analysis Statement, see Social Security Tribunal Regulations.

PROPOSED REGULATORY TEXT

Notice is given that the Canada Employment Insurance Commission, pursuant to paragraph 54(o), section 80.1, subsection 111(5), paragraph 114(2)(b) (see footnote a), section 115 (see footnote b), paragraph 121(2)(b) and section 123 of the Employment Insurance Act (see footnote c), proposes to make the annexed Regulations Amending the Employment Insurance Regulations.

Interested persons may make representations concerning the proposed regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part Ⅰ, and the date of publication of this notice, and be addressed to Éric Giguère, Director, Appeals Services, Service Canada, 355 North River Road, Ottawa, Ontario K1A 0L1 (tel.: 613-941-2221; fax: 613-948-3100; email: NC-EI_REGS-REGL_AE-GD@servicecanada.gc.ca).

Ottawa, December 13, 2012

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE EMPLOYMENT INSURANCE REGULATIONS

AMENDMENTS

1. Subsection 56.1(6) of the Employment Insurance Regulations (see footnote 1) is replaced by the following:

(6) An appeal or other review referred to in subsection (5) does not include the reconsideration of a decision by the Commission under section 41, 52 or 111 of the Act.

2. The heading before section 78 and sections 78 to 87 of the Regulations are repealed.

3. The Regulations are amended by adding the following after the heading to Part V:

RECONSIDERATION UNDER SECTION 112 OF THE ACT

78. (1) For the purposes of section 112 of the Act, a request for reconsideration of a decision of the Commission must be in writing and contain the following information:

  • (a) the name of the person making the request and the person’s
    • (i) social insurance number or business number, as the case may be, assigned by the Minister of National Revenue,

    • (ii) address and telephone number, and

    • (iii) facsimile number and email address, if any;
  • (b) the date on which the decision was communicated to the person;

  • (c) the reasons why the person is requesting a reconsideration of the decision; and

  • (d) any relevant information that was not previously provided to the Commission.

(2) A request for reconsideration must be filed with the Commission at the address, facsimile number or email address — or in accordance with the electronic filing procedure — provided by the Commission on the website of the Department of Human Resources and Skills Development.

79. The Commission must render decisions on requests for reconsideration without delay.

SUSPENSION OF BENEFITS PENDING APPEAL

80. Benefits are not payable in accordance with a decision of the Employment Insurance Section of the Social Security Tribunal if, within 21 days after the day on which a decision is given, the Commission makes an application for leave to appeal to the Appeal Division of that Tribunal on the ground that the Employment Insurance Section has erred in law.

81. If the Commission makes an application under the Federal Courts Act for judicial review of a decision of the Appeal Division of the Social Security Tribunal, benefits are not payable in respect of the claim for benefits that is the object of the decision until the final determination of the application for judicial review.

82. (1) If a decision of the General Division of the Social Security Tribunal that declares a provision of the Act or these Regulations to be ultra vires is appealed by the Commission to the Appeal Division of that Tribunal, benefits are not payable in respect of the claim for benefits that is the object of the decision — nor in respect of any other claim for benefits made after the decision of the General Division, if benefits would not be payable except for that decision — until

  • (a) the final determination of the appeal by the Appeal Division; or

  • (b) the final determination of any application made by the Commission under the Federal Courts Act for judicial review of the final determination of the appeal by the Appeal Division, if the final determination of the appeal declares the provision of the Act or these Regulations to be ultra vires.

(2) If the Commission makes an application under the Federal Courts Act for judicial review of a decision of the Appeal Division of the Social Security Tribunal that declares a provision of the Act or these Regulations to be ultra vires, benefits are not payable in respect of the claim for benefits that is the object of the decision — nor in respect of any other claim for benefits made after the decision of the Appeal Division, if benefits would not be payable except for that decision — until the final determination of the application for judicial review.

COMING INTO FORCE

4. (1) Sections 1 and 3 come into force on April 1, 2013.

(2) Section 2 comes into force immediately before the coming into force of section 247 of the Jobs, Growth and Long-term Prosperity Act , chapter 19 of the Statutes of Canada, 2012.

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