Subsection 50(10) of the Employment Insurance Act gives the Commission the power to vary or waive any of the procedural requirements of entitlement to benefits set out in the legislation. This power is conferred solely on the Commission which may exercise the power where, in its opinion, the circumstances warrant. The power must be exercised fairly.
Canada (A.G.) v. Desjardins, [1981] 1 F.C. 220 (F.C.A.) A-168-80
Canada (A.G.) v. Von Findenigg, [1984] 1 F.C. 65 (F.C.A.) A-737-82
Harbour v. U.I.C. [1986], F.C.J. No. 69 (F.C.A.) A-541-85
The requirements set out in section 50 of the Employment Insurance Act relate to the procedure to be followed when making a claim for benefits. They are purely administrative and are designed strictly for the purposes of the Commission's own administration.
Accordingly, the Commission is the body that is best able to make the decision as to whether the conditions or requirements set out in the section should be waived.
Paxton v. Canada (A.G.) ,[2002] F.C.J. No. 1371 (F.C.A.) A-486-01
An Umpire is not entitled to exercise the power to vary or waive these legislative requirements because, in his or her view, the Commission should have done so. Rather, the matter should be referred back to the Commission for exercise of its statutory duty.
Canada (A.G.) v. Desjardins , [1981] 1 F.C. 220 (F.C.A.) A-168-80
Canada (A.G.) v. Von Findenigg, [1984] 1 F.C. 65 (F.C.A.) A-737-82
Harbour v. U.I.C., [1986], F.C.J. No. 69 (F.C.A.) A-541-85
Where it is clear that the Commission has failed to consider a waiver of the conditions, the Board of Referees has the authority to, and should, refer the matter back to the Commission to consider the question of whether the circumstances of a particular case warrant a waiver.
Canada (A.G.) v. Von Findenigg , [1984] 1 F.C. 65 (F.C.A.) A-737-82
These sections are meant to give the Commission the power to waive or vary a condition or requirement in advance. They are not meant to cure a past failure to meet such a condition nor do they provide the Commission with the power to "reinstate a right already lost or to lift a legal obstacle impending the exercise of a right."
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.
Canada (A.G.) v. Desjardins ,[1981] 1 F.C. 220 (F.C.A.) A-168-80
[ previous | table of contents | next ]