Canada Gazette, Part I, Volume 146, Number 51: Reconsideration Request Regulations

December 22, 2012

Statutory authority

Employment Insurance Act

Sponsoring department

Department of Human Resources and Skills Development

REGULATORY IMPACT ANALYSIS STATEMENT

For the Regulatory Impact Analysis Statement, see Social Security Tribunal Regulations.

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to subsection 112(3) (see footnote a) of the Employment Insurance Act (see footnote b), proposes to make the annexed Reconsideration Request Regulations.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part Ⅰ, and the date of publication of this notice, and be addressed to Éric Giguère, Director, Appeals Services, Service Canada, 355 North River Road, Ottawa, Ontario K1A 0L1 (tel.: 613-941-2221; fax: 613-948-3100; email: NC-EI_REGS-REGL_AE-GD@servicecanada.gc.ca).

Ottawa, December 13, 2012

JURICA ČAPKUN
Assistant Clerk of the Privy Council

RECONSIDERATION REQUEST REGULATIONS

General circumstances

1. (1) For the purposes of subsection 112(1)(b) of the Employment Insurance Act and subject to subsection (2), the Commission may allow a longer period to make a request for reconsideration of a decision if the Commission is satisfied that there is a reasonable explanation for requesting a longer period and the person has demonstrated a continuing intention to request a reconsideration.

Particular circumstances

(2) The Commission must also be satisfied that the request for reconsideration has a reasonable chance of success, and that no prejudice would be caused to the Commission or a party by allowing a longer period to make the request, if the request for reconsideration

  • (a) is made after the 365-day period after the day on which the decision was communicated to the person;
  • (b) is made by a person who submitted another application for benefits after the decision was communicated to the person; or
  • (c) is made by a person who has requested the Commission to rescind or amend the decision under section 111 of the Employment Insurance Act.

Coming into force

2. These Regulations come into force on April 1, 2013.

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