Digest of Benefit Entitlement Principles-Chap 1-Section 3

1.3.1.1 Incapacity for work

The incapacity for work that qualifies for extension purposes must be an illness, injury, pregnancy or quarantine that has made the claimant incapable of performing the duties not only of their regular or usual employment, but also any other suitable employment (EI Regulations 40(4), 41(2).

The claimant must be able to provide medical proof as to the illness and the resulting incapacity, if requested by the Commission (CUB 73770). The same applies in the case of incapacity resulting from pregnancy, injury or quarantine.

Incapacity of a family member that requires the claimant's presence at home and prevents the claimant from being employed in insurable employment is not sufficient; it is the claimant's own incapacity for work or quarantine that must be considered (CUB 63413).

1.3.1.2 Confinement in a prison or similar institution and not found guilty of the charge(s)

In order to qualify for an extension on this ground the claimant must have been confined in a jail, penitentiary or other similar institution and be able to provide proof that they were not found guilty of the offence(s) that led to the confinement. This could mean that the charges were later withdrawn, or the claimant was in fact found not guilty, and therefore not convicted (EI Act 8(2)(b)).

To qualify for this extension the claimant must provide a letter from the institution in which they were incarcerated, to prove the actual dates of incarceration. The claimant must also provide proof that they have not been found guilty of the charge(s). A letter from a claimant’s lawyer or the provincial/territorial/federal court to prove that they were not found guilty of the offence(s), and confirming that the time served is not being credited to any other charges, is acceptable proof. A “charging document" by itself is insufficient proof, as it does not reflect whether other charges are pending.

If there is a stay of proceedings, or if the charges for which the claimant was held are withdrawn, and there is no finding of guilt, the claimant is considered not to have been found guilty. In addition, if the time period during which the Attorney General can resume the proceedings has elapsed, and therefore the proceedings will no longer be pursued, the claimant would then be entitled to an extension, as they would not be found guilty.

The claimant must not be found guilty of, not only the offence for which they were detained, but also any other offences related to the same event/incident (e.g. plea bargains or new evidence). When a claimant is held for multiple offences, they must not be found guilty of any of the offences for which they were detained.

1.3.1.3 Receiving assistance under employment benefits

The purpose of this ground for extension is to disregard the period of time during which a person attends a course that was referred by the Commission or its designated authority (EI Act 8(2)(c)). This allows for insured hours in the extended portion of the qualifying period to be added to the hours in the qualifying period, which may otherwise not be sufficient to establish a benefit period.

For example, a claimant who requires 700 hours of insurable employment, and was employed in insurable employment for 580 hours in their qualifying period, would not have sufficient hours to establish a benefit period. If, during their qualifying period, this claimant had taken a ten-month training course, approved by a designated authority, while receiving a training allowance, the qualifying period would be extended by ten months. Any hours worked during the extended qualifying period would be added to the 580 already worked, which could potentially allow the claimant to establish a benefit period.

It must be kept in mind that claimants who have been referred to a course or other employment related activity and who are in receipt of Part I benefits (i.e. EI benefits) are not eligible for an extension of the qualifying period. In the above example, as the person was in receipt of a training allowance and did not receive EI benefits, an extension could be granted.

The period for which the extension applies starts from the week the claimant actually started the course, or other employment activity. In cases where the referral is made after the course or other employment activity begins, the period of extension will begin from the week the referral is effective, provided the claimant was not employed in insurable employment that week.

Part II benefits may be paid to individuals who are not able to establish a benefit period or whose benefit period has expired (EI Act 58). In these cases, as there was a referral to a course of instruction or other employment related activity by the Commission or a designated authority, and no EI benefits were paid, an extension of the qualifying period may be applicable.

1.3.1.4 Receiving payments for preventative withdrawal work

Any week in which a person was in receipt of payments under a provincial law for having stopped work because continuing to work would have caused danger to the claimant, the claimant's unborn child, or a child she is breast feeding, would be counted as a week for the purposes of extending the qualifying period (EI Act 8(2)(d)).

In order to prove such a situation, the claimant is required to provide documentation that specifies the exact nature of the payments, as well as the period for which these payments were made.