Digest of Benefit Entitlement Principles - Chapter 1

1.7.1    Effect of Disentitlement
1.7.2    Grounds for Disentitlement
1.7.3     Length of Disentitlement

1.7.0    DISENTITLEMENT

Under the Employment Insurance legislation, the term "disentitlement" has a specific meaning and refers to the situations described therein¹. A disentitlement must not be confused in any way with a disqualification, the effect of which is essentially different².

It is incorrect to say that a claimant cannot at the same time be disentitled and disqualified from receiving benefit³.

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1. EIA 6(1);
2. see 1.6.0, "Disqualification";
3. EIA 49(1)(b); Jurisprudence Index/basic concepts/disqualification and disentitlement/.

1.7.1    Effect of Disentitlement

Generally, a disentitlement is applicable on a day-to-day basis, and no benefits can be paid for any day to which a disentitlement is applied. As opposed to a disqualification, the weeks for which no benefits have been paid due to a disentitlement are not deducted from the number of weeks payable in a benefit period.

In practice, a disentitlement may be imposed for an indefinite period of time commencing on any working day of the week, and continues as long as the situation remains unchanged. Whenever a change occurs, a decision can then be made as to whether it warrants terminating the disentitlement or rescinding it completely.

When a disentitlement covers a full week, it can be regarded as delaying the payment of benefit within a benefit period without necessarily reducing the maximum number of weeks payable. However, once the benefit period terminates, no further entitlement to benefit from that period remains¹. Moreover, this may mean that a lengthy period of disentitlement, in fact, effectively reduces the number of weeks of benefits paid to a claimant².

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1. see 1.4.3, "Termination";
2. Jurisprudence Index/basic concepts/benefit periods/duration/.

1.7.2    Grounds for Disentitlement

Some of the following situations automatically result in disentitlement whereas others are not specifically defined¹:

1. working a full week²;
2. not available for work³;
3. failure to prove incapacity for work in the case of sickness benefits⁴;
4. minor attachment claimant who ceased work due to incapacity⁵;
5. loss of employment or inability to resume a previous employment by reason of a labour dispute⁶;
6. confinement in a prison or similar institution⁷;
7. being out of Canada⁸;
8. non-entitlement of a teacher during the non-teaching period⁹;
9. delay in making a renewal or continuing claim¹⁰;
10. failure to provide information upon request¹¹;
11. suspended from employment because of misconduct¹²;
12. voluntarily taking a leave from employment without just cause¹³;
13. voluntarily leaving employment without just cause, or losing employment by reason of their misconduct, within three weeks of termination from that employment¹⁴.
14. not entitled to compassionate care benefits¹⁵
15. having received or being entitled to receive provincial benefits in respect of the birth or he adoption of a child under a provincial plan¹⁶.

Each of the above grounds will be discussed in detail in subsequent chapters.

Technically, the two-week waiting period is a period of disentitlement¹⁷, but in practice this is not so. Also, the fact of having worked a full week is regarded as a disentitlement although this is not specified in the legislation¹⁸. In actuality, however, these differing points do not affect a person's entitlement to benefit.

A disentitlement from benefits in general may be brought about by several concurrent reasons; then, there are really several disentitlements and no benefit can be paid as long as one of them continues.

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1. EIA 6(1);
2. EIA 13 is included in the definition of "disentitled" at EIA 6(1); see chapter 4, "Week of Unemployment";
3. EIA 18(a); see chapter 10, "Availability";
4. EIA 18(b); EIR 40;
5. EIA 21(1);
6. EIA 36; EIA 2(1); EIR 52; see chapter 8, "Labour Disputes";
7. EIA 37(a); EIR 54; see 10.11.7, "Imprisonment";
8. EIA 37(b); EIR 55; see 10.11.8, "Out of Canada";
9. EIR 33; see 2.3.6, "Employees Paid by Commission";
10. EIA 50(1); EIR 26;
11. EIA 50(1); EIA 50(5); EIA 50(6);
12. EIA 31; see chapter 7, "Misconduct";
13. EIA 32; see chapter 6, "Voluntarily Leaving Employment with Just Cause";
14. EIA 33; see chapter 6, "Voluntarily Leaving Employment"; see chapter 7, "Misconduct";
15. EIA 23.1
16. EIR 76.09; Refer to 3.3 of the Appendix to Chapter 12;
17. EIA 13 is included in the definition of "disentitled" at EIA 6(1);
18. EIA 9 is not included in the definition of "disentitled" at EIA 6(1), EIA 10; EIR 29, EIR 30 and EIR 31 specify what is a full working week; see chapter 6, "Voluntarily Leaving Employment with Just Cause"; see chapter 7, "Misconduct."

1.7.3    Length of Disentitlement

The legislation does not provide for a half-day disentitlement¹. When it is determined that a claimant should be disentitled, the disentitlement must be applied for one day; otherwise, none must be applied.

Extenuating circumstances cannot reduce a period of disentitlement. The starting date of the disentitlement may be determined ahead of time, for example in cases of farming or intended absence abroad. However, the end of the disentitlement period cannot be pre-determined since another ground may arise in the meantime or the same ground may continue to prevail longer than initially expected.

A disentitlement may be imposed only for a number of days each week. This may be the case, for example, when the disentitlement is related to the availability for work of a claimant² or in the case of a labour dispute³.

Unless the disentitlement may be suspended, as in the case of labour dispute⁴, a disentitlement continues as long as the ground sustaining it continues to exist. However, a new ground generally calls for a new decision.

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1. EIA 20;
2. see 10.7.2, "No Pattern of Part-Time Work";
3. see 8.9.0, "Disentitlement for a Number of Days in a Week";
4. see 8.10.0, "Suspension of the Disentitlement.