Mr. Speaker, an investigation was conducted in each individual case. These investigations led to the cases being referred to the Canada Customs and Revenue Agency, CCRA, for rulings on whether the claimants are or were employed in insurable employment. In cases where there was an active claim for benefits and when appropriate, EI benefits were suspended. The following regulation provides the legislative authority to suspend EI benefits during the course of an investigation.
Regulation 88 of the Employment Insurance Act states the following: “(1) Subject to subsection (2), where a request is made to an officer of the Department of National Revenue under paragraph 90(1) (a), (b) (c) or (d) of the Act for a ruling on the question of whether a claimant is or was employed in insurable employment for any number of hours in a particular period of employment or alleged employment, no benefits are payable in respect of any hours that is the subject of the ruling¼”.
In addition, Section 3B2.1.1 of the benefit manual states that when a ruling is requested, the payment of any benefits are to be suspended on the claim based on the employment in question, until the ruling is received. Furthermore, claimants who are denied EI benefits as a result of an insurability ruling from CCRA have a right to appeal that decision to the Minister of National Revenue.
The practice of the suspension of benefits is based on the EI legislation and is in accordance with the Charter of Rights and Freedoms.