EMPLOYMENT INSURANCE |
Canada (Attorney General) v. Geoffroy
A-113-00
2001 FCA 105, Décary J.A.
4/4/01
4 pp.
Application for judicial review of Umpire's decision affirming board of referees' opinion that in view of seriousness of penalty already imposed, would be excessive to add penalty under Act, s. 7.1 and that warning in case of this first offence would suffice--S. 7.1 providing that insured person who committed one or more violations in 260 weeks before making initial claim for benefit will have number of hours required to qualify for benefits increased in manner laid down in said section--Application allowed--Umpire erred in interpretation of s. 7.1--Penalty contained in s. 7.1 automatic when violation occurs in period indicated--S. 7.1(4) allowing Commission no discretion: all it says is automatic increase in number of hours required cannot be set up against insured person once notice of violation issued by Commission in cases mentioned in subsection--In case at bar, no doubt Parliament intended every violation of type described in s. 7.1(4) to result in penalty and Commission to have no discretion in this regard--Employment Insurance Act, S.C. 1996, c. 23, s. 7.1.