In accordance with section 49 of the Employment Insurance Act, a claim for benefit must be made for every week of unemployment. Section 50 of the Employment Insurance Act provides that such a claim is made through the filing of reporting cards.
Section 49 of the Employment Insurance Act
Section 50 of the Employment Insurance Act
Harbour v. U.I.C. , [1986], F.C.J. No. 69 (F.C.A.) A-541-85
However, the legislative provisions are concerned with a mere formal and procedural requirement aimed solely and exclusively at assisting the Commission in its administrative functions. Therefore, the failure to comply with the requirement of filing reporting cards does not automatically result in an immediate loss of the right to benefits. The failure to file a weekly report within the prescribed time does not render the claim for benefits definitively inoperative, but rather irregular, meaning that it could be rejected.
Harbour v. U.I.C. , [1986], F.C.J. No. 69 (F.C.A.) A-541-85
The Commission may refuse to accept an irregular claim, but its refusal is subject to the general power of review given to the Board of Referees.
Harbour v. U.I.C. , [1986], F.C.J. No. 69 (F.C.A.) A-541-85
Only the Commission can waive or vary the requirement under section 26 of the Employment Insurance Regulations that reporting cards must be submitted within three weeks of the period for which the claim is made.
Section 26 of the Employment Insurance Regulations
Canada (A.G.) v. Desjardins , [1981] 1 F.C. 220 (F.C.A.) A-168-80
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