Summary of Issue: Guidelines From The Commission

Decision 29339 Full Text of Decision 29339

Nothing on file related to the Commission's internal policy referred to by the Board. In any event, the Board and the Umpire must make their own interpretations of the facts and the legislation. Whether the Commission had conflicting internal interpretations is irrelevant. The Board erred in law.

Decision 25241A Full Text of Decision 25241A

It is true that the form of Application for UI Benefits is deficient when it asks the question "Did you or will you get any other monies from your last employer". But it is not the form which governs. It is the requirements of the Act and its Regulations which must prevail over the form.

Decision 24413 Full Text of Decision 24413

Although the Act clearly states that both criteria must be met, the literature does not include the word "and" between the two requirements. The Board found that the claimant had been severely misled and allowed the additional 5 weeks of parental benefits. The Board erred in law.

Decision 23828 Full Text of Decision 23828

In support of its conclusion, the Board refers to the Digest of Benefit Entitlement Principles 6.2.5 which is most certainly not binding on the Board or on the Umpire, although it indicates how the Commission agent should interpret "leaving without just cause".

Decision 20091 Full Text of Decision 20091

In a letter to the City of Winnipeg, the CEIC stated that from now on benefits under the plan would be considered wage loss instead of a disability pension and "prior cases" would not be reviewed. This led the Umpire to thoroughly examine the reasonableexpectation doctrine.

Decision A-1007.85

While administrative policy is entitled to weight and can be an important factor in case of doubt, it cannot be determinative. One cannot rely simply on past practice as the foundation for his claim for exemption of such benefits [strike pay] under the Income Tax Act.

Decision 15683 Full Text of Decision 15683

Not clear whether claimant relied upon contents of BC Circular 86-1. However it does not matter whether she did. Instructions by CEIC to its employees on how various sections of the legislation were interpreted and administered, cannot override the actual provisions of the Act.

Decision 14268 Full Text of Decision 14268

The circular in question [CEIC 83-4] cannot constitute the applicable law, and in any event it was superceded by amendments to Regulations. [p. 4]

Decision 10602 Full Text of Decision 10602

The chairperson obtained a circular from the Commission and applied its contents. I accept claimant's argument that the Board abdicated its decision-making responsibilities and did not make an independent decision. It deferred to the Commission's decision. [p._15]