3. Overview of the EI system

Canadians who contribute to the EI system are eligible for benefits under the circumstances noted below. People who are denied EI benefits have the right to appeal the decision of the Commission.

3.1 Applying for Employment Insurance benefits

Claimants file for benefits by completing the appropriate forms online or in person and by providing a record of employment (ROE). When insured workers become unemployed, they should receive an ROE from their employer. The ROE is the single most important document with regard to Employment Insurance because it shows the employee's insurable earnings and the number of insured hours worked. Employers are legally required, within five days of the end of employment, to issue an ROE to all employees who cease working in insurable employment.

The ROE provides the information required to determine whether the EI eligibility requirements are met and to calculate a claimant's weekly benefit rate.

In addition to the paper ROE, the ROE Web application is now available to employers who meet the technical requirements. Web ROEs can be received and maintained in a database and can then be retrieved electronically.

3.2 The Commission's determination of eligibility for EI benefits

After the EI agents examine the application for EI benefits and obtain any additional information required, they decide on the claimant's eligibility. Payment of benefits depends entirely on meeting the eligibility requirements of the EI legislation and the jurisprudence, i.e., legal precedents established by the superior courts and the Umpire.

Ineligible claimants are notified in writing and advised of their right to appeal the decision. In some situations, claimants are also notified verbally when they are not eligible for benefits.

If the agent allows the claim for benefits in circumstances where a claimant quit for work-related reasons, was fired for misconduct or lost employment by reason of a labour dispute, the employer will be informed of the decision and the corresponding right to appeal.

Where claimants meet the eligibility and entitlement criteria, they normally have to make a bi-weekly declaration. They usually complete the EI report online or use the telephone reporting service. Alternatively, some claimants may complete paper reports by mail.