Summary of Issue: Project # 14

Decision A0252.11 Full Text of Decision A0252.11

The claimant established a benefit period effective March 15, 2009. The Commission determined that the claimant did not qualify for additional weeks of benefits under Pilot Project # 14 because an active return to work plan was not in place by August 23, 2009 as required under 77.91(3)(c) of the EIR for benefit periods commencing before May 31, 2009. The FCA allowed the application for judicial review. The FCA held where the claimant’s benefit period began before May 31, 2009, Pilot Project # 14 is only available where the active return to work plan is in place before August 23, 2009 and that there is no power to forgive lateness in filing an active return to work plan where there is good cause for the delay.

Decision A0227.11 Full Text of Decision A0227.11

Pilot Project No. 14 found in section 77.91(3)(iii) of the EIR provides an extension of a claimant’s benefit period and the number of weeks of benefits payable to qualified claimants who undertake long-term training. The Commission found that the claimant did not meet the criteria under Pilot Project No. 14 because her training did not commence within 52 weeks of establishing her benefit period as required by law. The claimant started the program one week outside the 52-week period prescibed in subparagraph 77.91(3)(iii) of the EIR. The FCA held that the BOR and the Umpire erred in law. Adjudicators are permitted neither to re-write legislation nor to interpret it in manner that is contrary to its plain meaning.

Decision 74331 Full Text of Decision 74331

According to the Commission, the claimant is not eligible for extended benefits under the Pilot Project No. 14, “Career Transition Program” since he does not meet all of the criteria set out in the Regulations. During the 260 week period before the beginning of his benefits period which commenced on February 1, 2009, the claimant had received more than 36 weeks of E.I. benefits, and therefore did not qualify. The claimant does not base his appeal on legal grounds, but claims that persons with disabilities such as his should be eligible. The Board has no authority to amend the requirements of the legislation, neither does an Umpire. The appeal by the claimant is dismissed.

Decision 74218 Full Text of Decision 74218

The claimant was denied eligibility as a long-tenured worker to participate in the Career Transition Program.. The appeal to the Board of Referees was dismissed. The claimant now appeals before the Umpire claiming that the Board made an error of fact. The Pilot Project No. 14 applies in respect of every claimant whose benefits period is established in the period beginning on January 25, 2009 and May 29, 2010. The appellant applied for regular EI Benefits on October 20, 2008. The appellant's benefit claim is clearly prior to the date stipulated in the legislation. The appeal by the claimant is dismissed.