PART I
UNEMPLOYMENT BENEFITS
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| Claim required |
48. (1) No benefit period shall be established for a person unless the person makes an initial claim for benefits in accordance with section 50 and the regulations and proves that the person is qualified to receive benefits. |
| Information required |
(2) No benefit period shall be established unless the claimant supplies information in the form and manner directed by the Commission, giving the claimant's employment circumstances and the circumstances pertaining to any interruption of earnings, and such other information as the Commission may require. |
| Notification |
(3) On receiving an initial claim for benefits, the Commission shall decide whether the claimant is qualified to receive benefits and notify the claimant of its decision. |
| Proof required |
49. (1) A person is not entitled to receive benefits for a week of unemployment until the person makes a claim for benefits for that week in accordance with section 50 and the regulations and proves that
(a) the person meets the requirements for receiving benefits; and
(b) no circumstances or conditions exist that have the effect of disentitling or disqualifying the person from receiving benefits.
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| Benefit of the doubt |
(2) The Commission shall give the benefit of the doubt to the claimant on the issue of whether any circumstances or conditions exist that have the effect of disqualifying the claimant under section 30 or disentitling the claimant under section 31, 32 or 33, if the evidence on each side of the issue is equally balanced. |
| Notification |
(3) On receiving a claim for benefits, the Commission shall decide whether benefits are payable to the claimant for that week and notify the claimant of its decision. |
| Entitlement to benefits |
50. (1) A claimant who fails to fulfil or comply with a condition or requirement under this section is not entitled to receive benefits for as long as the condition or requirement is not fulfilled or complied with. |
| How a claim must be made |
(2) A claim for benefits shall be made in the manner directed at the office of the Commission that serves the area in which the claimant resides, or at such other place as is prescribed or directed by the Commission. |
| Form |
(3) A claim for benefits shall be made by completing a form supplied or approved by the Commission, in the manner set out in instructions of the Commission. |
| Time |
(4) A claim for benefits for a week of unemployment in a benefit period shall be made within the prescribed time. |
| Additional information |
(5) The Commission may at any time require a claimant to provide additional information about their claim for benefits. |
| Making claim or providing information in person |
(6) The Commission may require a claimant or group or class of claimants to be at a suitable place at a suitable time in order to make a claim for benefits in person or provide additional information about a claim. |
| Registration for employment |
(7) For the purpose of proving that a claimant is available for work, the Commission may require the claimant to register for employment at an agency administered by the Government of Canada or a provincial government and to report to the agency at such reasonable times as the Commission or agency directs. |
| Proof of efforts to obtain employment |
(8) For the purpose of proving that a claimant is available for work and unable to obtain suitable employment, the Commission may require the claimant to prove that the claimant is making reasonable and customary efforts to obtain suitable employment. |
| Mailing address |
(9) A claimant shall provide the mailing address of their normal place of residence, unless otherwise permitted by the Commission. |
| Waiver or variation of requirements |
(10) The Commission may waive or vary any of the conditions and requirements of this section or the regulations whenever in its opinion the circumstances warrant the waiver or variation for the benefit of a claimant or a class or group of claimants. |
| Information |
51. If, in considering a claim for benefits, the Commission finds an indication from the documents relating to the claim that the loss of employment resulted from the claimant's misconduct or that the claimant voluntarily left employment, the Commission shall
(a) give the claimant and the employer an opportunity to provide information as to the reasons for the loss of employment; and
(b) if the information is provided, take it into account in determining the claim.
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| Reconsideration of claim |
52. (1) Notwithstanding section 120, but subject to subsection (5), the Commission may reconsider a claim for benefits within 36 months after the benefits have been paid or would have been payable. |
| Decision |
(2) If the Commission decides that a person
(a) has received money by way of benefits for which the person was not qualified or to which the person was not entitled, or
(b) has not received money for which the person was qualified and to which the person was entitled, the Commission shall calculate the amount of the money and notify the claimant of its decision and the decision is subject to appeal under section 114.
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| Amount repayable |
(3) If the Commission decides that a person has received money by way of benefits for which the person was not qualified or to which the person was not entitled,
(a) the amount calculated is repayable under section 43; and
(b) the day that the Commission notifies the person of the amount is, for the purposes of subsection 47(3), the day on which the liability arises.
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| Amount payable |
(4) If the Commission decides that a person was qualified and entitled to receive money by way of benefits, and the money was not paid, the amount calculated is payable to the claimant. |
| Extended time to reconsider claim |
(5) If, in the opinion of the Commission, a false or misleading statement or representation has been made in connection with a claim, the Commission has 72 months within which to reconsider the claim. |
| Notification |
53. If the Commission is required to notify a person of a decision under this Part, it may have that person notified in such manner as it considers adequate. |
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General Information
