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Board of Referees
Undeclared Earnings
Disclaimer:
*This asterisk denotes recent case law.
Questions to Answer
NOTE:
EI Regulations section
15
Employment Insurance Regulations
has been repealed, which leaves
subsection
19(3)
of the EI Act
Employment Insurance Act
inoperative. Weeks commencing August 12, 2001 and greater will be determined and allocated on a weekly basis in accordance with
Regulations sections
35
and
Employment Insurance Regulations
36
Employment Insurance Regulations
(see
Earnings
).
Are the earnings listed in
Regulations subsection
15(2)
Employment Insurance Regulations
?
Have the undeclared earnings been assigned to the claim in accordance with the Act and Regulations?
Have they been deducted from the benefits paid in accordance with the Act and Regulations (fraud, non-fraud)?
References
Act:
subsections
19(2),19(3)
Employment Insurance Act
Regulations:
section
15
Employment Insurance Regulations
Meaning of "
employment
" under this section -
Regulations subsection
15(1)
Employment Insurance Regulations
Meaning of
"earnings
" under this section -
Regulations subsection
15(2)
Employment Insurance Regulations
Assignment
of undeclared earnings to period of employment -
paragraph
19(3)(b)
Employment Insurance Act
,
Regulations subsections
15(4), 15(5)
Employment Insurance Regulations
Deduction
from benefits paid
- fraud
subsection
19(2)
Employment Insurance Act
,
subparagraph
19(3)(a)(i)
Employment Insurance Act
Deduction
from benefits paid -
non fraud
subsection
19(2)
Employment Insurance Act
,
subparagraph
19(3)(a)(ii)
Employment Insurance Act
Legal test
This subsection applies only to undeclared earnings, and only to those earnings included in
Regulations subsection
15(2)
Employment Insurance Regulations
.
Onus of proof
Claimant
must prove that the requirements for receiving benefits are met, and there are no disentitling or disqualifying conditions:
Act subsection
49(1)
Employment Insurance Act
Key Case Law
CUB 41987
Umpire Decision
,
CUB 42966
Umpire Decision
: Assignment of earnings
CUB 42924
Umpire Decision
: Assignment of earnings, penalty
CUB 43602
Umpire Decision
: Assignment of earnings, penalty, violation
CUB 43808
Umpire Decision
: Assignment of earnings, penalty, violation
CUB 45321
Umpire Decision
: Assignment of earnings does not include undeclared vacation pay paid as a lump sum on separation, but does include vacation pay paid on each cheque.
2012-01-05