Summary of Issue: Out Of Canada

Decision 77023 Full Text of Decision 77023

The claimant was not entitled to benefits because he was absent from Canada and not available for work, pursuant to section 37 and paragraph 18(a) of the EI Act. The claimant is in a unique line of work, deep-sea diving, and must continue his training in courses only offered outside of Canada. This course is only offered in the U.K. or Thailand so he paid $12,000 to attend the two week course in U.K. The Board of Referees made no errors in fact or law, and there is no justification to interfere in its decision. The appeal by the claimant is dismissed by the Umpire.

Decision 66812 Full Text of Decision 66812

The claimant along with several other millrights travelled to Las Vegas for a week to attend a specialty course to qualify them for installation or maintenance of General Electric turbines. The union's counsel invited the Umpire to give a broad interpretaion of the seven day rule given that completion of the course would enable the claimants to conduct a better job search.

Decision 65708 Full Text of Decision 65708

The claimant had been out of the country to take a course required for his new employment. It has been held in a number of cases that, unless a claimant falls under the exceptions provided in section 55 of the Regulations, there has to be a disqualification for the period during which the claimant is out of the country. Therefore, the Umpire found that the Board erred in its conclusion that the claimant had to do what was required of him to qualify for his job and that he should be entitled to his benefits. The Commission's decision was restored.

Decision 27413 Full Text of Decision 27413

Claimant is precluded from receiving UI both by reason of 26(1), not referred to course, and 32(b). Parliament decided upon a very strict approach for persons outside of Canada. I do not see how it is open to an Umpire to attempt to interpret 32(b) in a broad and generous manner.

Decision 16130A Full Text of Decision 16130A

Spends 4 weeks in the United States to take a course not offered in Canada in order to comply with the requirements of his profession. Section 32 is specific and does not tolerate any exceptions.