Canadian Employment Law Today

Canadian HR Reporter, 2020 be eligible for EI benefits. In A.W. v. Canada Employment Insurance Commission, the claim- ant held an expired work permit when he ap- plied for EI benefits. He applied for an exten- sion of his work permit before it expired, but he was denied. His EI claim was denied, but his work permit was later restored. He appealed and argued that he was available for work, and the tribunal's appeal division held that the loss of work permit was attributable to the claim- ant and was not a circumstance beyond his control. The expiry of the work permit limited his chances of returning to the labour force. Nevertheless, if a claimant has applied for an extension before the work permit expiry date, he may be eligible for EI benefits. In D.D. v. Canada Employment Insurance Commis- sion, the applicant was eligible for EI benefits while he was on implied status in Canada. The commission determined that the claim- ant was not eligible for the time he spent in the United States to be with his terminally ill mother and, upon his return to Canada, his implied status was revoked, rendering him in- eligible for EI benefits. The claimant appealed to the tribunal, which found that he knew his implied status would be revoked if he left the country. It also stated that a claimant may be eligible for EI benefits if he had a work permit application pending or a closed work permit, because those are circumstances beyond the control of the claimant. However, in this case, the claimant could have decided not to leave the country, hence the circumstances were not beyond his control. A claimant may be eligible for EI benefits if the reason he did not apply for an extension or renewal before expiry of the work permit was beyond his control. In O.O. v. Canada Employ- ment Insurance Commission, the claimant was found to be qualified to receive regular ben- efits; but after her work permit expired, she was not available for work. The claimant appealed the decision as she had taken steps to renew her permit before its expiry. She contacted her settlement counsellor who could help her be- fore her permit expired, but the counsellor was not able to meet her. The tribunal held that the claimant had the desire to return to the labour market as she took steps to have her work per- mit renewed. The distinction of when a claim- ant applied for a new work permit is not help- ful when circumstances beyond a claimant's control prevent her from applying for a work permit before the previous one expires. Foreign nationals may be eligible for EI benefits. The individual situation of a foreign national will determine their eligibility. In the wake of COVID-19, the federal govern- ment has introduced the Canada Emergency Response Benefit, which will be available to those who stop working for reasons related to COVID-19 or are eligible for EI benefits. Every individual who applies under this program will receive $500 per week, even if they are en- titled to EI benefits that are less than or more than $500 per week. The requirements to be met under this program do not yet specify whether benefits will be available to foreign nationals who are not eligible for EI. For more information, see: • Vezina v. Canada (Attorney General), 2003 FCA 198 (F.C.A.). • Faucher v. Canada (Employment and Im- migration Commission), 1997 CanLII 4856 (F.C.A.). • R.R. v. Canada Employment Insurance Com- mission, 2018 SST 1129 (Can. Soc. Sec. Trib.). • Severine Desmedt, CUB 6394 • R.D. v. Canada Employment Insurance Com- mission, 2015 SST 41 (Soc. Sec. Trib. App. Div.). • Godoy Enriquez v. M.N.R., 2019 TCC 114 (T.C.C.). • A.W. v. Canada Employment Insurance Com- mission, 2016 SSTADEI 146 (Soc. Sec. Trib. App. Div.). • D.D. v. Canada Employment Insurance Com- mission, 2014 SSTAD 660 (Can. Soc. Sec. Trib. App. Div.). • O.O. v. Canada Employment Insurance Com- mission 2019 SST 868 (Can. Soc. Sec. Trib.). June 3, 2020 | Canadian Employment Law Today CREDIT: WUNDERVISUALS ISTOCK ABOUT THE AUTHOR Sergio R. Karas Sergio R. Karas is principal of Karas Immigration Law Professional Corporation in Toronto. He can be reached at (416) 506-1800 or karas@karas.ca.

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