(a) Purpose and Operation of the Legislation
A claimant who has the right to receive benefits will be called upon to come forward and prove that he or she satisfies the conditions of the Act not only once at the beginning of unemployment, but also afterwards on a regular basis.
Harbour v. U.I.C. [1986], F.C.J. No. 69 (F.C.A.) A-541-85
The first time a claimant will be required to do this is when he or she applies for benefits. At that time, his or her qualification for benefits is verified, a benefit period is established and the quantum of weekly benefits is calculated. This is referred to as the "initial claim".
Harbour v. U.I.C. [1986], F.C.J. No. 69 (F.C.A.) A-541-85
Thereafter, a claimant must demonstrate that he or she continues to satisfy the requirements of the legislation and accordingly remains entitled to benefits. This is done by the filing of bi-weekly reporting cards. These are called "continuing claims".
Harbour v. U.I.C. [1986], F.C.J. No. 69 (F.C.A.) A-541-85
There is also a third type of claim called a "renewal claim". This is the first claim made by a claimant after a suspension of four or more periodic claims during the benefit period.
Subsection 26(2) Employment Insurance Regulations
Harbour v. U.I.C. [1986], F.C.J. No. 69 (F.C.A.) A-541-85
These types of claims are all of differing scope and of varying importance but they are all of the same nature, being all required for the same reason, in the same spirit and on the same basis.
Harbour v. U.I.C. [1986], F.C.J. No. 69 (F.C.A.) A-541-85
The time prescribed in the legislation for the filing of weekly reporting cards is, during a continuing claim, within three weeks of the week for which benefit is claimed. In the case of a renewal claim, the first claim must be made within one week of the week for which benefit is claimed. When a claimant fails to file the reporting cards or a renewal application within the time limit prescribed by the legislation, the backdate provisions of the legislation may allow the cards or renewal application to be recognized as having been filed earlier than they actually were.
Section 26 Employment Insurance Regulations
Subsection 10(5) Employment Insurance Act
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2009-04-28