Canada ( Attorney General ) v. Archambault
A-1124-92
Décary J.A.
4/11/93
8 pp.
Application to set aside Umpire's decision holding under new Unemployment Insurance Act, s. 30(6) and (7), Unemployment Insurance Commission has power and duty to determine whether reduction in benefit rate applies to all or part of remaining period -- Commission interpreted new subsections as if imposing duty to automatically reduce benefit rate throughout remaining period once weeks of disqualification elapsed -- Under s. 30(6), prescribed rate 50 percent and none other-50 percent rate applying "for the weeks of unemployment determined under subsection (7)" -- S. 30(7), and reference to it in s. 30(6), only meaningful if Commission vested with additional power to determine how long rate reduction will apply -- Nothing in s. 30(7) to suggest concept of non-retroactivity -- Twofold penalty imposed on claimant where basis for disqualification does not have rigour suggested by applicant -- Application dismissed -- Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 30 (as am. by S.C. 1990, c. 40, s. 22).