Employment Insurance (EI)

Decision Information

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Decision

[1] On January 16, 2013, a panel of the board of referees (the Board) dismissed the appeal of the Applicant from the previous determination of the Commission regarding availability. On July 2, 2015, the Applicant filed an application requesting leave to appeal to the Appeal Division.

[2] This application has been filed well beyond the 30-day limit set out in ss. 57(1) of the Department of Employment and Social Development Act.

[3] Subsection 57(2) of the Act states that:

The Appeal Division may allow further time within which an application for leave to appeal is to be made, but in no case may an application be made more than one year after the day on which the decision is communicated to the appellant.

[4] The Applicant does not state when the Board decision was communicated to him. Not having any reason to believe otherwise, I find that the decision was communicated to him in the normal course of business in January 2013. The Applicant therefore delayed almost two-and-a-half years before filing this application. As the delay was more than one year after the decision was communicated to the Applicant, I have no authority to grant an extension of time.

[5] This application is accordingly refused, as I have no jurisdiction to hear it.

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