Decision 36937

Case Number Claimant Judge Language Decision date
Decision 36937   Nadon  English 1997-02-17
Decision Appealed Appellant Corresponding Case
Dismissed  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  income  elected or appointed representative 

Summary:

According to par. 57(1)(b) of the Reg., holding public office is considered "employment" for purposes of determining income for the Act. There is no ambiguity in this provision and it clearly stipulates that the sums received by the claimant as a city councillor are to be considered income, are to be allocated and are to be deducted from the amount of benefit otherwise receivable.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  legislative authority  provincial and other laws 

Summary:

There is no legal requirement that the UI Act and the Income Tax Act be consistent with one another and no power for me to offer any redress on the basis of their inconsistencies with one another.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim  errors by Commission  not a ground of entitlement 

Summary:

Advice given by the Commission, no matter how poor that advice is, cannot change the law. Claimant cannot become entitled to something not otherwise accorded in the Act simply because of an error of a Commission employee.


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