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    Disclaimer:
    *This asterisk denotes recent case law.

    Introduction



    Subsection 114(1) Employment Insurance Act of the EI Act confers jurisdiction on the Board of Referees to decide appeals made by a claimant, the employer of the claimant or other person who is the subject of a decision of the Commission.

    The Commission is responsible for administering the Regulations Employment Insurance Regulations, except for Part IV (Insurable Earnings and Collection of Premiums) and Part VII of the Act (Benefit Repayment), which fall under the mandate of the Minister of National Revenue. The Minister and the Tax Court of Canada handle all disputes in these areas.



    Questions to Answer



    1. Does the Board of Referees have the jurisdiction or authority to decide on the issue appealed?


    References


     
    Act: Subsection 114(1) Employment Insurance Act
    Regulations: Section 79 Employment Insurance Regulations 

    Key Case Law

    Authority of the Board of Referees
    Authority of the Board to intervene in decisions where the Commission exercised its discretionary power Board of Referees must apply the provisions of the EI Act, Regulations and Jurisprudence
    PRECEDENT: A decided case that furnishes a basis for determining later cases involving similar facts or issues.
    BINDING PRECEDENT: A precedent that a court must follow, for example, a lower court is bound by an applicable holding of a higher court in the same jurisdiction.
    Black's Law Dictionary

    The precedents established by the Supreme Court, the Federal Court of Appeal and the Umpire, in that particular order, bind Boards of Referees. Likewise, the Umpire is bound by decisions of the Supreme Court and the Federal Court of Appeal and the Federal Court of Appeal is bound by the precedents set by the Supreme Court of Canada.

    Board of Referees cannot decide on an issue that is not before them or that the Commission has not considered

    An exception to the above principle exists when determining whether a disqualification under subsection 30(1) of the EI Act   Employment Insurance Actapplies because the employment was voluntarily left or was lost due to misconduct:

    Board of Referees must justify its decision Canadian Charter of Rights and Freedoms EI benefit repayment - clawback Insurability of employment, earnings and hours

    Overpayment of EI benefits: Referral to a course of instruction or program, approval of a worksharing agreement or job creation project

    2012-02-08