Summary of Issue: Implementation Date

Decision T1036.10 Full Text of Decision T1036.10

On January 1, 2010, the Fairness for the Self-Employed Act came into force creating Part VII.1 of the EIA. The EIA provides that the agreement with the Commission must be in place for at least 12 months before a self-employed person can make a claim for benefits. However, an exception was put in place providing that self-employed persons who enter into an agreement with the Commission prior to April 1, 2010, be entitled to benefits commencing on January 1, 2011. On April 11, 2010, the claimant entered into an agreement with the Commission pursuant to Part VII.1. The claimant argued that the agreement should be backdated to April 1, 2010. She alleged that she was unable to apply earlier because she was misguided by Service Canada representatives. The FCA found that it does not have jurisdiction to alter or grant equitable relief from the clear language of the EIA, that the BOR does not have jurisdiction to backdate an agreement under Part VII.1 of the EIA and that the Commission itself could not grant the claimant's request.