Out of Canada
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*This asterisk denotes recent case law.
Questions to Answer
- Was the claimant out of Canada?
- What period was claimant out of Canada?
- Does the claimant fall within one of the exceptions of ? 55
- Should a disentitlement apply?
Onus of proof
Claimant must prove that the requirements for receiving benefits are met, and there are no disentitling or disqualifying conditions . 49(1)
Key Case Law
*WALSH A-304-07/CUB 68174: The Federal Court of Appeal confirmed the Umpire decision that the 2 exceptions found in Regulation 55 (1)(b) and 55(1)(d) could be combined to allow for benefits to be payable for 14 consecutive days outside of Canada.
In *CUB 72341 and *CUB 71384, the Umpire determined the claimant’s could not combine 2 exceptions found in Regulation 55(1) as they differed from the Walsh A-304-07/CUB 68174 decision.
CUB 23424: Clear language used in legislation.
: Medical treatment in spa in California. Onus on claimant to prove requirements of the Regulations. A-370-95
, 27846 The Customs Data Match program with CCRA does not violate the Canadian Charter of Rights and Freedoms or the Privacy Act. 27844
- What's New
- Board of Referees Jurisdiction
- Availability for Work
- Claim Procedure
- Delayed Appeal to the Board of Referees
- Labour Disputes
- Out of Canada
- Penalties and Violations
- Qualifying Conditions
- Rate of Weekly Benefits
- Reconsideration of Claim
- Refusal of Employment
- Special Benefits
- Special Benefits/Compassionate Care
- Special Benefits/Maternity
- Special Benefits/Parental
- Special Benefits/Sickness
- Undeclared Earnings
- Week of Unemployment
- Voluntary Leaving