Availability for Work

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Disclaimer:
*This asterisk denotes recent case law.

Questions to Answer

Is claimant capable of work?
Is claimant willing to work?
Has claimant made efforts to find work?
Does claimant have employment restrictions?
Are restrictions "undue" according to labour market information?

References

Act: sections 18 Employment Insurance Act, 49 Employment Insurance Act, subsections 50(7), 50(8) Employment Insurance Act
Regulations: section 32 Employment Insurance Regulations

Legal test

availability is a question of fact, which should normally be disposed of on the basis of an assessment of the evidence
desire to return to the labour market as soon as possible
demonstrating this desire by making reasonable and customary efforts to find suitable employment
remaining free of personal requirements which would unduly limit the opportunities for work.

FAUCHER A-56-96 Judgment Of The Federal Court Of Appeal, WHIFFEN 1472-92 Judgment Of The Federal Court Of Appeal

Onus of proof

Claimant must prove availability for work

Key Case Law

BOIS A-31-00 Judgment Of The Federal Court Of Appeal, FAUCHER A-56-96 Judgment Of The Federal Court Of Appeal, POIRIER A-57-96 Judgment Of The Federal Court Of Appeal: See Legal test

CORNELISSEN-O'NEILL A-652-93 Judgment Of The Federal Court Of Appeal, BERTRAND A-613-81 Judgment Of The Federal Court Of Appeal: Reasons for not looking for work vs statutory requirement to prove availability

LEBLANC A-67-09 Judgment Of The Federal Court Of Appeal: Must consider whether notwithstanding his desire to get to work, the claimant was not available within the meaning of the Act because of obstacles preventing him from coming in to work.

CLOUTIER A-400-04 Judgment Of The Federal Court Of Appeal, PENNEY A-388-04 Judgment Of The Federal Court Of Appeal,WHITE A-736-95 Judgment Of The Federal Court Of Appeal, DONOHUE A-432-97 Judgment Of The Federal Court Of Appeal, Supreme Court [ 26867 Judgement Of The Supreme Court Of Canada], A-479-94 Judgment Of The Federal Court Of Appeal: Just cause for voluntary leaving vs obligation to prove availability. Claimants needed at home to care for family members.

*CYRENNE A-109-10: Presumption of non availability while attending a full time course of instruction was successfully rebutted. The Court determined the Board of Referees are in the best position to make a credibility determination.

WANG A-356-07 Judgment Of The Federal Court Of Appeal : Presumption of non-availability successfully rebutted , DUQUET A-512-07 Judgment Of The Federal Court Of Appeal ,GAUTHIER A-552-03 Judgment Of The Federal Court Of Appeal, LAMONDE A-566-04 Judgment Of The Federal Court Of Appeal, SMITH A-619-04 Judgment Of The Federal Court Of Appeal, GAGNON A-556-04 Judgment Of The Federal Court Of Appeal, GIBBS A-87-04 Judgment Of The Federal Court Of Appeal, BOLAND A-129-03 Judgment Of The Federal Court Of Appeal, RIDEOUT A-670-02 Judgment Of The Federal Court Of Appeal, LODER A-669-02 Judgment Of The Federal Court Of Appeal, VEZINA A-736-01 Judgment Of The Federal Court Of Appeal, PRIMARD A-683-01 Judgment Of The Federal Court Of Appeal, NORMAN A-500-01 Judgment Of The Federal Court Of Appeal, PAXTON A-486-01 Judgment Of The Federal Court Of Appeal, BOURGAULT A-43-01 Judgment Of The Federal Court Of Appeal, NASH A-740-00 Judgment Of The Federal Court Of Appeal, BOIS A-31-00 Judgment Of The Federal Court Of Appeal, LANDRY A-719-91 Judgment Of The Federal Court Of Appeal, FLOYD A-168-93 Judgment Of The Federal Court Of Appeal, MACDONALD A-672-93 Judgment Of The Federal Court Of Appeal, GRAVELINE A-177-94 Judgment Of The Federal Court Of Appeal, MACPHERSON A-631-94 Judgment Of The Federal Court Of Appeal: Availability for work while attending course of instruction.

STOLNIUK A-686-93 Judgment Of The Federal Court Of Appeal, LEDUC A-134-95 Judgment Of The Federal Court Of Appeal:

no warning given before disentitlement vs the right to benefit when not available for work
"suitable employment" and availability for work
job search (LEDUC)
absent from home area (LEDUC)

MICHAEL A-1692-92 Judgment Of The Federal Court Of Appeal: Repeated refusals to accept work and setting unreasonable salary requirements are indications of non-availability.

WHIFFEN A-1472-92 Judgment Of The Federal Court Of Appeal, BLONDAHL A-209-93 Judgment Of The Federal Court Of Appeal:

restriction to area
relocation with spouse

GEORGES A-372-96 Judgment Of The Federal Court Of Appeal: Referral to a course is not subject to appeal

CARPENTIER A-474-97 Judgment Of The Federal Court Of Appeal: Availability for work while on temporary lay-off with recall date FORTIN A-855-97 Judgment Of The Federal Court Of Appeal: Availability for work while waiting outcome of grievance against dismissal.

LAMIRANDE A-598-03 Judgment Of The Federal Court Of Appeal: Availability due vacation periods.