Human Resources Committee on March 22nd, 2011

[Michael Savage, Liberal, Dartmouth—Cole Harbour, NS]

So ultimately it rests with the department?

[Paul Thompson]

It rests with the commission. It's a separate legal entity.

[Michael Savage, Liberal, Dartmouth—Cole Harbour, NS]

Understood, but I'm just trying to figure it out. We're doing this study and we're going to make recommendations. I assume we would make them to the commission, but is the commission an entity that reports to the department?

[Paul Thompson]

It doesn't report to the department. It is a separate legal entity that has delegated some of its responsibilities to the department to exercise.

[Michael Savage, Liberal, Dartmouth—Cole Harbour, NS]

I'm trying to figure out why we're looking at this and having you here if it's the commission that we should be dealing with. That's what I'm wondering. You're telling me that you guys are really at arm's length.

[Paul Thompson]

We have administrative responsibilities to support the appeals process, so a certain number of the performance indicators—

[Michael Savage, Liberal, Dartmouth—Cole Harbour, NS]

So we do have the authority to have an influence on the commission?

[Paul Thompson]

Indeed.

[Michael Savage, Liberal, Dartmouth—Cole Harbour, NS]

Okay.

We also heard about the length of time for this process. You've addressed some of that, but can you give us some statistics on the length of time to complete the process and whether that varies regionally across the country?

[Paul Thompson]

I don't have regional statistics available; are you're speaking about a board of referees hearing or an umpire? The motion, as I—

[Michael Savage, Liberal, Dartmouth—Cole Harbour, NS]

Just take us through the whole process for somebody who wants to appeal an EI judgment.

[The Chair, Conservative, Candice Bergen]

Let me just interrupt.

Once the decision is made, Mr. Savage, by the employment insurance board of referees, the appeal is to the umpire. Is that correct?

[Paul Thompson]

Yes.

[The Chair, Conservative, Candice Bergen]

So that's what you would please refer to, because that's what our study is about.

[Paul Thompson]

After a board of referees arrives at a decision, if that decision is not favourable to the client, the client has 60 days to file an appeal to the umpire.

[Michael Savage, Liberal, Dartmouth—Cole Harbour, NS]

The client has 60 days.

[Paul Thompson]

Yes.

[Michael Savage, Liberal, Dartmouth—Cole Harbour, NS]

Okay.

What about the idea that the boards of referees themselves—I'm looking at a recommendation that was made to our committee—could be better supported through the submission of files, which are quite often incomplete? There are high turnover rates, delays, and things like that. Do you have any comment on that?

[Paul Thompson]

We have service standards for supporting the hearings. It is the department's role to prepare the dockets or the files so that the board can arrive at its decision, so it's the department's role to enable the board to actually hold the hearing. That is a role that the department undertakes. I mentioned some of the measures we've pursued to ensure that it happens in a timely fashion.

[The Chair, Conservative, Candice Bergen]

Thank you very much.

Mr. Lessard is next.

[Yves Lessard, Bloc, Chambly—Borduas, QC]

Thank you for being here today to provide us with information.

I expect that since you are here, you will be able to answer most of the questions raised by witnesses on March 3. Among these questions there are a certain number that are particularly compelling and require answers.

Let us take the example of a situation where a work conflict has been settled but where certain employees do not return to work on the prescribed date because of certain provisions in the back-to-work agreement. According to a standard that was established—we do not really know by whom—as long as 85% of workers have not returned to work, the conflict is considered still active. That is why the commission refuses to grant benefits. Where does that standard come from?

[Paul Thompson]

I think that you are referring to the initial decision of the commission on eligibility to benefits.

[Yves Lessard, Bloc, Chambly—Borduas, QC]

Indeed.

[Paul Thompson]

We have guidelines to support the decision-making of frontline workers.

[Yves Lessard, Bloc, Chambly—Borduas, QC]

Who came up with those guidelines?