Undeclared Earnings

What's New

Questions to Answer
NOTE: EI Regulations section 15 has been repealed, which leaves subsection 19(3) of the EI Act inoperative. Weeks commencing August 12, 2001 and greater will be determined and allocated on a weekly basis in accordance with Regulations sections 35 and 36 (see Earnings). Are the earnings listed in Regulations subsection 15(2)? Have the undeclared earnings been assigned to the claim in accordance with the Act and Regulations? Have they been deducted from the benefits paid in accordance with the Act and Regulations (fraud, non-fraud)?
References
Act: subsections 19(2),19(3) Regulations: section 15 Meaning of "employment" under this section - Regulations subsection 15(1) Meaning of "earnings" under this section - Regulations subsection 15(2) Assignment of undeclared earnings to period of employment - paragraph 19(3)(b), Regulations subsections 15(4), 15(5) Deduction from benefits paid- fraud subsection 19(2), subparagraph 19(3)(a)(i) Deduction from benefits paid - non fraud subsection 19(2), subparagraph 19(3)(a)(ii)
Legal test
This subsection applies only to undeclared earnings, and only to those earnings included in Regulations subsection 15(2).
Onus of proof
*Claimant* must prove that the requirements for receiving benefits are met, and there are no disentitling or disqualifying conditions: Act subsection 49(1)
Key Case Law
CUB 41987, CUB 42966: Assignment of earnings CUB 42924: Assignment of earnings, penalty CUB 43602: Assignment of earnings, penalty, violation CUB 43808: Assignment of earnings, penalty, violation CUB 45321: Assignment of earnings does not include undeclared vacation pay paid as a lump sum on separation, but does include vacation pay paid on each cheque.