Out of Canada

Questions to Answer
Was the claimant out of Canada? What period was claimant out of Canada? Does the claimant fall within one of the exceptions of section 55 of the Regulations? Should a disentitlement apply?
References
Act: paragraph 37(b) Regulations: section 55
Legal test
A claimant outside of Canada is not entitled to benefits (paragraph 37(b)) except as provided under Regulations section 55.
Onus of proof
*Claimant* must prove that the requirements for receiving benefits are met, and there are no disentitling or disqualifying conditions subsection 49(1).
Key Case Law
BOSDET CUB 23424: Clear language used in legislation. PETERSON A-370-95: Medical treatment in spa in California. Onus on claimant to prove requirements of the Regulations. PRIVACY COMMISSIONER v. A.G CANADA 2001 SCC 89. File No. 27846, DEBORAH SMITH v. A.G. CANADA 2001 SCC 88. File No. 27844 The Customs Data Match program with CCRA does not violate the Canadian Charter of Rights and Freedoms or the Privacy Act.