Summary of Issue: Effective Date Of Proviso


Decision 26046 Full Text of Decision 26046

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

Refer to: A-0691.94

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment personal reasons leave or holidays
voluntarily leaving employment just cause reasonable circumstance as prescribed

Decision A-0691.94 Full Text of Decision A-0691.94

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

The event that led to the disqualification occurred on 14-8-92 when she left her employment. Yet, para. 28(4)(n) of the Act only came into effect on 3-4-93 and could not apply to disqualified persons because of an event occurring before this paragraph came into effect.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment personal reasons leave or holidays
voluntarily leaving employment just cause reasonable circumstance as prescribed

Decision 21248 Full Text of Decision 21248

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

Refer to: A-1102.92

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts benefit periods commencement date

Decision A-1102.92 Full Text of Decision A-1102.92

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

Last day worked 15-11-90 (Thursday). New legislation in effect 18-11. Claim filed 20-11. Number of insured weeks: 20 including last week worked. Cannot benefit of former legislation as he would not qualify with 19 weeks. Can only qualify from 18-11 and new legislation applies. No change by FC.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts benefit periods commencement date

Decision 22259 Full Text of Decision 22259

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

Despite the fact that the Act to amend the UI Act may have come into effect on 18-11-90, s.19 was repealed and deemed specifically to have come into effect on 23-9-88. As such, the only persons not affected by the change of legislation would be those who turned 65 prior to 23-9-88.


Decision 19613 Full Text of Decision 19613

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

Refer to: A-0496.91

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts qualifying period extension applicability

Decision A-0496.91 Full Text of Decision A-0496.91

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

Ceased work 6-85. Interruption of earnings in 10-86. Claim filed in 5-87. Umpire's decision quashed: the qualifying period was the 52 weeks preceding 17-5-87 rather than 26-10-86. The new ground for extension added on 5-4-87 is applicable to the qualifying period. Assuming that the qualifying period ended in 10-86, as the Umpire wrongly assumed, that period could not have been extended under new ss. 7(3) effective 5-4-87, as it could not affect the length of a qualifying period already expired.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts qualifying period extension applicability

Decision 20275 Full Text of Decision 20275

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

As pointed out by the Commission's representative, Parliament did not choose to give s.31(1.2) retroactive application and the conclusion must be that s.31(1.2) specifically changes the law as reflected in the jurisprudence from the effective date of the new provision only.


Decision A-0813.90 Full Text of Decision A-0813.90

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

Transitional clause exempting severance pay from earnings. Monies paid after expiration of the clause, although payable prior, partly allocated after expired clause. The Umpire held the whole amount exempted. Academic point not solved by the FC.


Decision 18587 Full Text of Decision 18587

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

Refer to: A-0813.90


Decision 16978 Full Text of Decision 16978

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

Refer to: A-0430.89

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law misinterpretation of provision

Decision A-0430.89 Full Text of Decision A-0430.89

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

Benefit period established in 2-86 and terminated 9-86. The Umpire used ss. 7(2) enacted 4-87 to allow an extension of the qualifying period prior to 2-86. The Umpire erred in law in finding that 7(2) had retrospective effect.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law misinterpretation of provision

Decision A-1191.88 Full Text of Decision A-1191.88

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

Even if the pension had been effective in 12-85 and a claim filed immediately, that would not have prevented the new regulation from being applicable from the moment it came into force and the pension monies received from then on deductible from the benefits otherwise payable.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate applicability implicit request
claim procedure applicability general
board of referees legislative authority acquired rights
earnings pension as income
board of referees rules of construction intent and object

Decision 16181 Full Text of Decision 16181

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

Fired on 7-3-85 and paid damages much later; the amounts are spread starting 31-3-85, at which time Regulation 58(5) applied. Even if the termination of employment took place before the amendment, the amounts were settled afterwards.


Decision A-0770.87 Full Text of Decision A-0770.87

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

Dismissed 10-84; Regulations amended 3-85; award granted 9-85. Regulations prior to 31-3-85 exempted that amount but he only received it in 12-85. It clearly was earnings. At the time it was paid, new Regulations in effect. Upheld by FC.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings awards as income
umpires grounds of appeal capricious finding meaning

Decision 14045 Full Text of Decision 14045

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

Refer to: A-0770.87

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings awards as income
umpires grounds of appeal capricious finding meaning

Decision 14446 Full Text of Decision 14446

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

According to CÔTÉ, the right to benefits is established by weekly reports; if the report is amended, this must be taken into account [in the next report]. The date of payment of the amount determines the applicable legislation.


Decision 14231 Full Text of Decision 14231

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

Pursuant to collective agreement, 5 days' vacation pay to be paid at end of school year in June. The practice established by School had been to pay vacation pay due in June on 15-3. The regulations as amended 31-3-85 are to be applied.


Decision 12399 Full Text of Decision 12399

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

Refer to: A-0508.86

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings vacation pay as income

Decision A-0508.86 Full Text of Decision A-0508.86

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

A vacation pay paid after the effective date of amended Regulations is subject to the amended Regulations even though earned prior to this. This is not giving the amendment a retroactive effect.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings vacation pay as income

Decision 12394 Full Text of Decision 12394

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

Refer to: A-0513.86

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
federal court renunciation of recourse

Decision 12263 Full Text of Decision 12263

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

Refer to: A-0448.86


Decision A-0513.86 Full Text of Decision A-0513.86

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

Dismissed prior to the amendment of the Regulations but monies for wrongful dismissal awarded after the amendement. Support found in COTE and BOURDEAU: monies are to be allocated from the effective date of the amended Regulations.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
federal court renunciation of recourse

Decision A-0448.86 Full Text of Decision A-0448.86

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

Change of Regulations 31-3-85. Claimant had been dismissed prior to that date. Damages awarded to him after 31-3-95. COTE and BOURDEAU referred to. Monies to be allocated from the date the new Regulations came into effect.


Decision 11738 Full Text of Decision 11738

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

Refer to: A-0099.86


Decision A-0099.86 Full Text of Decision A-0099.86

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

Employment terminated 21-12-84. Damages for dismissal awarded 14-5-85. Change of Regulations 31-3-85. COTE applies. After the amendment, claimant no longer met the conditions for obtaining benefits. Leave to appeal to SC dismissed.


Decision A-0178.86 Full Text of Decision A-0178.86

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

The establishement of a benefit period does not create a right to receive benefits. Other conditions must be met. The legislative amendments that occur during the benefit period must be taken into account. Leave to appeal denied by SC.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings charter
basic concepts eligibility to benefits
board of referees legislative authority acquired rights
earnings pension charter

Decision 11001 Full Text of Decision 11001

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

Amendments to reg. 57 and 58 that may have supported the claimant's position did not come into effect until 5-9-82. The operative law is that which is in existence at the time of filing of a claim, here 12-3-82.


Decision 10600 Full Text of Decision 10600

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

It is a general principle of law that statutes do not apply retroactively unless they are expressly declared by the legislature to have this effect. There is no such express declaration in the Charter.


Decision A-0823.82 Full Text of Decision A-0823.82

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

Minimum insurable hours of work in a week changed from 20 to 15 in 1-81. Claim filed in 4-81 with qualifying period in 1980. Entitlement governed by legislation as it stood in 4-81. This means weeks of 15 hours' work or more are insurable even if in 1980.


Decision A-0458.81 Full Text of Decision A-0458.81

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

Claimant engaged in uninsurable employment at time when there was provision treating it as insurable employment for the purposes of eligibilty for maternity benefits. Claim made after provision repealed.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts insurability applicability

Decision A-0235.81 Full Text of Decision A-0235.81

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

Claimant engaged in uninsurable employment at time when there was provision treating it as insurable employment for the purposes of eligibility for maternity benefits. Claim made after provision repealed. No vested right.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority acquired rights

Decision A-0129.81 Full Text of Decision A-0129.81

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

As the appeal to Umpire was commenced 5-2-80, i.e. before s.80 coming into force 1-5-80, the appeal was not restricted to the grounds set out in the new s.80 but was a plenary appeal as provided in earlier s.80.


Decision S-0392.78

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

Earlier termination of the benefit period under the amended clause does not apply to claimant and termination under the former clause has been revoked. Under the Interpretation Act, the privilege he was enjoying continues but not any longer than as it existed before. [p.9-11] The new provisions provide for termination of the benefit period when claimant attains 65 and the statute clearly assumes this event will be in the future. This did not apply to claimant having attained 65 prior to the amendment date. [p._8]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim errors by Commission not a ground of entitlement
reconsideration of claim authority to review new facts vs reconsideration
board of referees jurisdiction priority of law
reconsideration of claim errors by Commission legal remedy
board of referees rules of construction intent and object

Decision A-0392.78 Full Text of Decision A-0392.78

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction effective date of proviso
Summary:

Earlier termination of the benefit period under the amended clause does not apply to claimant and termination under the former clause has been revoked. Under the Interpretation Act, the privilege he was enjoying continues but not any longer than as it existed before. [p.9-11] The new provisions provide for termination of the benefit period when claimant attains 65 and the statute clearly assumes this event will be in the future. This did not apply to claimant having attained 65 prior to the amendment date. [p._8]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction priority of law
reconsideration of claim errors by Commission legal remedy
board of referees rules of construction intent and object
reconsideration of claim errors by Commission not a ground of entitlement
reconsideration of claim authority to review new facts vs reconsideration
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