EMPLOYMENT INSURANCE |
Peace v. Canada (Attorney General)
T-455-03
2004 FC 108, Martineau J.
23/1/04
10 pp.
Judicial review seeking order declaring inter alia Employment Insurance Regulations (Regulations), s. 87(2) invalid and ultra vires--S. 87(2) provides where Commission applies for judicial review of umpire's decision in respect of benefits claim, benefits not payable until final determination of claim--S. 87(2) not ultra vires Employment Insurance Act (Act)--Though general purpose of Act undoubtedly to make benefits available to unemployed, general purpose cannot be applied without limitation--Act, s. 54(o) (regulation-making authority) specifically provides for administrative stay pending "final determination" of claim--Encompasses final decision on application for judicial review of favourable Umpire's decision--Commission, with approval of Governor in Council, did what Act authorized it to do, and impugned provision not breaching spirit of Act--Impugned provision only delays payment of benefits until final determination of question made--Delay not necessarily incompatible with purpose of Act--Applicant not having standing to seek to invalidate Regulations, s. 84 as ultra vires--S. 84 does not impact situation of applicant, as he is not appealing decision of Board of Referees--Application dismissed--Employment Insurance Regulations, SOR/96-332, ss. 84 (as am. by SOR/2002-154, s. 8), 87(2)--Employment Insurance Act, S.C. 1996, c. 23, s. 54(o).