Difference between pages "Keeping Out of Trouble on Employment Insurance (8:IX)" and "Family Violence (3:VIII)"

From Clicklaw Wikibooks
(Difference between pages)
Jump to navigation Jump to search
 
 
Line 1: Line 1:
{{REVIEWED LSLAP | date= July, 2019}}
{{REVIEWED LSLAP | date= August 12, 2021}}
{{LSLAP Manual TOC|expanded = EI}}
{{LSLAP Manual TOC|expanded = family}}


== A. Job Search Record ==


Once a claim is established, the basic eligibility requirement to receive regular EI benefits is that claimants be able to prove that they are “capable of, and available for work and unable to find suitable employment”. To help prove this, the claimant should keep a job search record.  This may make disentitlement less likely, and improve the chances of success should an appeal be necessary. In fact, the Commission may send to the claimant a form that is essentially a job search record. This is called an “active job search statement”. The statement will require the claimant to provide:
{{LSLAP Manual Navbox|type=chapters1-7}}


*names of the businesses applied to and the names of the persons who interviewed the claimant;
== A. Family Law Act ==
*type of employment applied for;
*date of the application or contact;
*results of applications


Potential employers need not sign the statement or record. They, however, may be contacted by the Commission to confirm the facts reported. If the form is not returned, disentitlement may follow.  
Under the FLA, a court may issue a family law protection order against a family member in a dispute when there is a likelihood of family violence. Family violence is inclusive of physical, emotional, or psychological abuse. When children are involved, both direct and indirect exposure to violence meet the definition of family violence in s 1 of the Act.  


Even though an “active job search statement” may not be required, the claimant should keep a job search record with this same information. The  job search record should include everything done to look for work. It should be made clear that every attempt or type of attempt counts  (including such things as contacting family members about employment opportunities, “cold calling,” etc.). The difficulty is that many claimants do not keep such records even though they have been warned to do so. In such cases, the claimant’s representative can only do the following:
Applications for a protection order can be made alongside applications for other family court orders or on their own. The involvement of the criminal justice system is not required. Applications can be made in both Provincial Court and Supreme Court.


*a) advise the claimant to keep such lists in the future; and
There is no cost to apply for a protection order in BC Provincial Court. If you are seeking a divorce, you may apply for a protection order at the BC Supreme Court for a fee ($80 for divorce proceedings that have begun, and $200 if not). It is possible to obtain an order to waive fees at the Supreme Court. The Legal Services Society publication “For Your Protection” outlines the process and the forms required to seek a protection order. https://familylaw.lss.bc.ca/publications/your-protection
*b) (if true) argue that the claimant did not know that they had to keep such a list, and that any list now composed from memory is not a  complete one, as the claimant cannot remember the details of all the employment opportunities they pursued.  


Every regular benefit claimant must also register with the Commission. Claimants should visit the job board at least once a week and record these visits. Many EI offices now maintain electronic job boards that can be accessed from computer kiosks in the offices, or from home, like the Canada Job Bank.  
Before issuing a protection order, courts will consider the history of family violence, the nature of that violence, the present relationship between the at-risk family member and the violent family member, and circumstances which increase the risk of violence or the vulnerability of the at-risk family member (s 184(1)).  


Claimants should also keep a record of all telephone calls and any other kind of contact for further evidence of job searching. An example “job search record”:
Protection orders may prohibit direct or indirect communication, attending locations frequently entered by the at-risk family member, and possessing a weapon (see s 18(3) for additional prohibitions). Unless the court establishes otherwise, an order will expire one year after the date it is issued.  


:June 12– 15: Checked The Sun and The Province want ads every day.
== A. Divorce Act ==


:June 12: Phoned Ajax Plumbing: George Brown, Manager, said not to send in a written application, but to call back in a month.
Effective March 1, 2021, the amended Divorce Act includes provisions for identifying family violence and assessing its relevance to family disputes.


:June 13: Checked bulletin board at the Canada Employment Centre and copied down one possible job: phoned XYZ Deliveries, but position already taken.
Family violence is conduct by one family member which causes another family member to fear for the safety of themselves or another person. The amended DA characterizes this as threatening or violent behaviour, or a pattern of coercive or controlling behaviour (see s 2(1) of the amended DA for the definition of family violence and a list of conduct which meets this definition). These behaviours need not be criminal offences, nor are they required to meet the threshold for proof in criminal law to qualify as family violence under the updated DA. If a child is exposed to direct or indirect violence, this is considered family violence and possibly child abuse.


:June 14: Wrote letter to Acme Amigos: no response.
Under the amended Divorce Act, family violence is a factor under consideration in establishing parenting and contact arrangements for children (s 16(3)(j) of the amended DA). Courts may consider family violence grounds to modify or waive notice requirements for changes in residence (s 16.96(3)). Family violence will also be a factor in determining whether family dispute resolution would be inappropriate (s 7.7(2) of the amended DA).
 
:June 15: Searched Internet job sites from Frank’s house. Printed out some likely prospects.
 
The claimant should make the job search record as detailed and complete as possible. Include friends contacted regarding job openings, and '''all  efforts''' made to look for a job. The claimant must at all times try to convince the Commission that they are making a great effort to find a job.
 
== B. Interviews with an Investigation and Control Officer ==
 
At some point, the claimant may be summoned to the local EI office for an interview regarding his or her job search. Typically the Investigation and Control Officer asks the claimant questions and makes a “Report of Interview,” which is later reviewed by an Insurance Officer who will, on the basis of the Report, decide whether or not benefits are to continue. The claimant does not need to sign or affirm the  report, though it is supposed to be read to him or her, and a copy should be provided for the claimant’s records.
 
The Commission can disqualify a claimant for 7-12 weeks if the claimant fails to attend, without good cause, an interview the Commission asks him or her to attend (''EI Act'', s 27(1)(d)). The claimant must either attend the interview or phone to make a new appointment and confirm the new appointment in writing.
 
=== 1. Keeping the Record Straight ===
 
To protect against a potentially misleading report, the claimant should try to be as general as possible in his or her report. However, telling the truth during the interview is  imperative. For example, the client should state, if true, that he or she would accept the going rate rather than stating his or her desired wage.
 
If the claimant decides, after the Report is read to them, that it is incorrect or misleading, the claimant should tell the Officer immediately because the Officer may correct the report immediately.  If the Officer refuses or if the claimant later decides that they disagree, the claimant should write a letter stating their position.  This is important since an appeal may be necessary and such an immediate reaction by the claimant may convince the Board of his or her honesty and integrity.  It may also lead to the earlier reinstatement of a claimant who is disentitled for unreasonably restricting his or her job search.
 
=== 2. Disputing the Report at an Appeal ===
 
If there is a disentitlement based on the Report of Interview and an appeal follows, the SST may be willing to accept explanations and  modifications of the report. There must be evidence to support these modifications. Further, their usual position will be that since the statement was read to the claimant, it must be true. There is an established principle supported by several court decisions to the effect  that “statements made before disentitlement are to be believed more than statements made after disentitlement,” the latter suspected of being self-serving. One effective way for a claimant to demonstrate willingness to accept wages lower than the figure stated on the application form or in an interview report is to prove that they actively pursued a job possibility paying a lower amount after learning what the salary was.
 
== C. Reporting ==
 
In order to receive continued benefits, individuals must send in reports on a regular basis. They are usually due and cover every two calendar  weeks (from Sunday to Saturday). There are three ways to send in these reports:
 
#the Telephone Reporting Service; 
#the Reporting Service by Internet at http://www.servicecanada.gc.ca/eng/ei/service/interdec_report.shtml#How; and
#the paper “Report Card” system.
 
The timing and due dates of these reports depends on each individual claim. This information will be available to each claimant shortly after applying to EI when the Benefit statement and Access Code is received in the mail.
 
:'''NOTE:''' The paper "Report Card" method is only available to a claimant who cannot otherwise transmit his or her report card online or by phone. The standard ways of processing and paying EI benefits are the Reporting Service by Internet and the Telephone Report Service.
 
=== 1. What to Include in Reports ===
 
Be careful to include the following in each report:
 
*gross income;
*earnings for the week they are earned, not the week they are received; and
*all money received and declared should include some reference to the source and reason for the payment since it may or may not count as earnings (''EI Regulations'', s 35).
*Money received from a private or individual insurance plan paid for by the claimant should not be included.
 
The information given must be accurate, otherwise the claimant could be accused of a false or misleading statement. If the claimant needs to update a report, for example to change the amount of earnings reported, they should call the Telephone Reporting Service immediately. The  Commission has a policy that they will not charge or prosecute a claimant for giving false or misleading information if the claimant volunteers the correct information before an investigation begins.
 
{{LSLAP Manual Navbox|type=chapters8-14}}

Revision as of 21:38, 25 August 2021

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 12, 2021.
LSLAP Manual
LSLAP Manual
This page is from the
Law Students' Legal
Advice Program Manual.
See the full contents.
LSLAP Manual
Introduction
Chapters
3. Family Law
 · I. Introduction

 · II. Governing Legislation and Resources
 · III. Marriage
 · IV. Divorce
 · V. Uncontested Divorce
 · VI. Simple Divorce Procedure
 · VII. Alternatives to Divorce
 · VIII. Family Violence
 · IX. Assets
 · X. Spousal and Child Support
 · XI. Parenting Orders/Guardianship/Contact
 · XII. Children and the Law
 · XIII. Adoption
 · XIV. Name Changes
 · XV. Court Procedures

 · Appendix A: Glossary
v • d • e




v • d • e
 
Chapters 1-7
Criminal Law  · Youth Justice  · Family Law  · Victims  · Public Complaints · Human Rights  · Workers Compensation
Chapter One:
Criminal Law
Chapter Two:
Youth Justice
Chapter Three:
Family Law
Chapter Four:
Victims
Chapter Five:
Public Complaints
Chapter Six:
Human Rights
Chapter Seven:
Workers' Compensation
I. Introduction · II. Governing Legislation, Policy & Guidelines · III. Introduction to Compensation Claims for Injured Workers · IV. LSLAP's Role at the Initial Decision Level · V. Limitation Periods and Timing of Decisions · VI. Making a Claim · VII. The Claim Acceptance Process · VIII. Worker Status · IX. Disability and Causation · X. Time Limits and Procedures · XI. Claim Benefits · XII. Appeals · XIII. Health and Safety Regulations in the Workplace · XIV. Assessments of Employers · XV. The WCB Fair Practices Officer · Appendix A: Abbreviations · Appendix B: List of Cases · Appendix C: Referrals · Appendix D: Resources · Appendix E: Claims Process · Appendix F: Checklist for Interviews · Appendix G: Checklist for Appeals · Appendix H: Sample Authorization Form
© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.


A. Family Law Act

Under the FLA, a court may issue a family law protection order against a family member in a dispute when there is a likelihood of family violence. Family violence is inclusive of physical, emotional, or psychological abuse. When children are involved, both direct and indirect exposure to violence meet the definition of family violence in s 1 of the Act.

Applications for a protection order can be made alongside applications for other family court orders or on their own. The involvement of the criminal justice system is not required. Applications can be made in both Provincial Court and Supreme Court.

There is no cost to apply for a protection order in BC Provincial Court. If you are seeking a divorce, you may apply for a protection order at the BC Supreme Court for a fee ($80 for divorce proceedings that have begun, and $200 if not). It is possible to obtain an order to waive fees at the Supreme Court. The Legal Services Society publication “For Your Protection” outlines the process and the forms required to seek a protection order. https://familylaw.lss.bc.ca/publications/your-protection

Before issuing a protection order, courts will consider the history of family violence, the nature of that violence, the present relationship between the at-risk family member and the violent family member, and circumstances which increase the risk of violence or the vulnerability of the at-risk family member (s 184(1)).

Protection orders may prohibit direct or indirect communication, attending locations frequently entered by the at-risk family member, and possessing a weapon (see s 18(3) for additional prohibitions). Unless the court establishes otherwise, an order will expire one year after the date it is issued.

A. Divorce Act

Effective March 1, 2021, the amended Divorce Act includes provisions for identifying family violence and assessing its relevance to family disputes.

Family violence is conduct by one family member which causes another family member to fear for the safety of themselves or another person. The amended DA characterizes this as threatening or violent behaviour, or a pattern of coercive or controlling behaviour (see s 2(1) of the amended DA for the definition of family violence and a list of conduct which meets this definition). These behaviours need not be criminal offences, nor are they required to meet the threshold for proof in criminal law to qualify as family violence under the updated DA. If a child is exposed to direct or indirect violence, this is considered family violence and possibly child abuse.

Under the amended Divorce Act, family violence is a factor under consideration in establishing parenting and contact arrangements for children (s 16(3)(j) of the amended DA). Courts may consider family violence grounds to modify or waive notice requirements for changes in residence (s 16.96(3)). Family violence will also be a factor in determining whether family dispute resolution would be inappropriate (s 7.7(2) of the amended DA).

Retrieved from "https://stagewiki.clicklaw.bc.ca/index.php?title=Keeping_Out_of_Trouble_on_Employment_Insurance_(8:IX)&oldid=51056"