| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
out of Canada |
24 hours policy |
|
Summary:
On July 21, 2011, the claimant crossed the US border around 10:50 am and returned across the border into Canada around 9:30 pm the next day, July 22. The Commission refused to pay her benefits for July 21 and 22. The FCA agreed that the claimant was disentitled to receive benefits for only one day. The FCA determined that the paragraph 37(b) of the EIA is the period, expressed in complete, whole days, during which the claimant was outside of Canada. According to the FCA, a complete, whole day did not necessarily mean a calendar day. It could correspond to a continuous 24 hours period that straddles two calendar days. The FCA concluded that the claimant was outside of Canada for one complete, whole day, and that she was not entitled to receive benefits for only one day under paragraph 37(b) of the EIA.
