Summary of Issue: Interstate

Decision 76505 Full Text of Decision 76505

The claimant was absent from Canada from November 30 to December 3, 2009. His secondary residence is located not far from the Canada-US border. In fact, he claims this residence, owned by him for approximately 25 years, is a mere 10 minutes from the border. He was not exempted within the provisions of Regulation 55. Section 37 of the EI Act states that except as may otherwise be prescribed, a claimant is not entitled to receive benefits for any period during which the claimant is outside of Canada. The appeal by the claimant is dismissed by the Umpire.

Decision 68632 Full Text of Decision 68632

The claimant who held USA citizenship and had a residence in Valleyfield, Québec. He was granted 14 days to look for work in Arizona. He argued that he should have been allowed more time. He also argued that he should benefit under the Interstate rules between Canada and the USA. The claimant was held to be out of Canada and unavailable beyond the 14 days. He could not qualify for interstate benefits in the USA as he did not have sufficient hours of insurable employment as required by section 55 of the EIR. He has already received 28 weeks of benefit and the most he could have received had he applied for an interstate claim at the onset was 21 weeks.