Summary of Issue: Legal Authority


Decision 16920 Full Text of Decision 16920

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
courses of instruction or training referral legal authority
Summary:

The fact that the insured person was chosen by the provincial authorities does not bind CEIC. Neither the Board nor the umpire have the power to oblige CEIC to send the person to take courses since this is a discretionary power.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
courses of instruction or training referral discrimination

Decision 13997A Full Text of Decision 13997A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
courses of instruction or training referral legal authority
Summary:

A Commission minute designates Employment Counsellors as the sole authority to refer under s.26. If Counsellors are employees of the Commission, the Commission will want to consider whether, in designating itself, it has not exceeded the authority in s.26. No need to decide here.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
courses of instruction or training referral discrimination

Decision 13997 Full Text of Decision 13997

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
courses of instruction or training referral legal authority
Summary:

S.26 does not give the Commission itself the authority to refer. That authority is to be exercised by an entity designated by the Commission. Clarification sought from Commission about this. Judgment reserved.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work applicability unable to obtain suitable work
courses of instruction or training referral discrimination

Decision 12090 Full Text of Decision 12090

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
courses of instruction or training referral legal authority
Summary:

Even if a claimant can show that he would have been referred to the course, he still has the responsibility of proving availability.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
courses of instruction or training referral duration

Decision A-0127.77 Full Text of Decision A-0127.77

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
courses of instruction or training referral legal authority
Summary:

Training allowance paid by EIC while taking a course. Claimant had to prove that he had been referred to the course by an authority designated under 26(1). The UIC brochure was not a designation which modified the effective designation.


Decision A-0787.76 Full Text of Decision A-0787.76

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
courses of instruction or training referral legal authority
Summary:

To receive benefit of 26(1), it is not sufficient for the insured to attend a course and the Manpower Centre to pay her a training allowance; she must have been referred to the course by the designated authorities. Application for review dismissed by the FC.

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