Other Late Claims
I. The Legislation
The time prescribed in the legislation for the filing of weekly reporting cards is, during a continuing claim, within three weeks of the week for which benefit is claimed.
In the case of a renewal claim, the first claim must be made within one week of the week for which benefit is claimed.
When a claimant fails to file the reporting cards or a renewal application within the time limit prescribed by the legislation, the backdate provisions of the legislation may allow the cards or renewal application to be recognized as having been filed earlier than they actually were.
Section 26 Employment Insurance Regulations
Subsection 10(5) Employment Insurance Act
II. Who Qualifies for Backdate
As with antedate, a claimant, in order to receive backdate, must demonstrate that he or she had good cause for the delay in filing their reporting cards or renewal application. In order to demonstrate good cause, a claimant must demonstrate that he or she acted as any reasonable person would have in the same situation.
Canada (A.G.) v. Albrecht , [1985] 1 F.C. 710 (F.C.A.) A-172-85
Whether a claimant has established good cause for his or her delay in filing their reporting cards is a question of fact to be determined by the Board of Referees. It is an error of law for a Board to fail to consider the question of good cause.
R. v. Chow, A-1000-92, March 18, 1994 (F.C.A.)