Judgments

Decision Information

Decision Content

A-108-76
Nadine Pirotte (Applicant) v.
Unemployment Insurance Commission and George A. Addy J., Umpire (Respondents)
and
Deputy Attorney General of Canada (Mis -en- cause)
Court of Appeal, Pratte and Le Dain JJ. and Hyde D.J.—Montreal, October 13 and November 9, 1976.
Judicial review—Appeal from decision of umpire under Unemployment Insurance Act—Appellant, ignorant of claims procedure, followed erroneous advice of employer—Whether "good cause for delay" within meaning of s. 20(4) of Act and s. 150 of Regulations—Federal Court Act, s. 28—Unemploy- ment Insurance Act, S.C. 1970-71-72, c. 48, ss. 20(1) and (4), 53, 54 and 55—Unemployment Insurance Regulations, s. 150.
Applicant did not know procedure for claiming unemploy ment insurance benefits and was wrongly advised by her employer, with the result that there was a delay in her submis sion of a claim in the manner prescribed by the Act and Regulations. The umpire held that there could be no "good cause for delay" unless the applicant's ignorance or mistake was the result of misrepresentations by the Unemployment Insurance Commission. The applicant claims that the umpire erred in law in coming to this conclusion.
Held, the application is dismissed. Under the Act, compli ance with the Act and Regulations in submitting a claim is an essential condition of entitlement to benefits. What Parliament means by "good cause" must be determined in the light of general principles of law unless there is a clear intention to depart from them and one of those principles is that ignorance of the law does not excuse failure to comply with a statutory provision. The only situation where ignorance of the law might be good cause for delay would be if the Commission itself was responsible for that ignorance.
Mihm v. Minister of Manpower and Immigration [1970] S.C.R. 348, applied. Varty v. Rimbey (1954) 7 W.W.R. (N.S.) 256 (Alta. C.A.), agreed with.
APPLICATION for judicial review. COUNSEL:
Roland Cousineau for applicant. Jean Marc Aubry for respondents.
SOLICITORS:
Cousineau & Beauchemin, Montreal, for applicant.
Deputy Attorney General of Canada for respondents.
The following are the reasons for judgment rendered in English by
LE DAIN J.: This is a section 28 application to set aside the decision of an umpire under the Unemployment Insurance Act, 1971', dismissing an appeal by the applicant from the decision of a board of referees.
The facts on which the parties agreed for pur poses of the appeal to the umpire are as follows. The applicant knew that she had a right to claim unemployment insurance benefits, but she did not know the procedure for making a claim. She sought information from an employee in the Quebec Department of Education, in which she had been employed. She was advised by this employee that she must report her termination of employment to the offices of the Unemployment Insurance Commission in Ottawa and await a reply from them, which might take some consider able time. As a result of her ignorance of the Act and the Regulations, and the erroneous informa tion received from the representative of her employer, there was delay in the applicant's sub mission of a claim in the manner prescribed by the Act and the Regulations.
The question that the umpire was called upon to determine was whether these circumstances could be considered to be "good cause for delay" within the meaning of section 20(4) of the Unemployment Insurance Act, 1971, which provides for relief from such delay in certain cases as follows:
20. (4) When a claimant makes an initial claim for benefit on a day later than the day he was first qualified to make the claim and shows good cause for his delay, the claim may, subject to prescribed conditions, be regarded as having been made on a day earlier than the day on which it was actually made.
' S.C. 1970-71-72, c. 48.
Section 150 of the Regulations makes further provision for such relief as follows:
150. (1) An initial claim for benefit may be regarded as having been made on a day prior to the day on which it was actually made if the claimant proves that
(a) on the prior day he fulfilled, in all respects, the condi tions of entitlement to benefit and was in a position to furnish proof thereof; and
(b) throughout the whole period between that prior day and the day he made the claim he had good cause for the delay in making that claim.
(2) Subject to subsection (3), no initial claim for benefit shall be regarded as having been made on a day that is more than thirteen weeks prior to the day on which it was made.
(3) An initial claim for benefit may be regarded as having been made on a day that is more than thirteen and not more than twenty-six weeks prior to the day on which it was made if the claimant proves that subsequent to the prior day he was incapable of work by reason of sickness, injury or quarantine.
The umpire held that ignorance or mistake of law, however induced, unless by representatives on behalf of the Unemployment Insurance Commis sion, cannot, as a matter of law, be "good cause for delay" within the meaning of section 20(4), and he dismissed the appeal. The applicant con tends that the umpire erred in law.
The question, as I see it, is whether it is reason able to conclude in this particular context, given the nature of the statutory requirement involved, its role and effect in the legislative scheme, and the clear intention to provide for relief from delay where the circumstances appear to justify it, that Parliament could have contemplated ignorance or mistake of law as constituting good cause, at least in some circumstances.
As sections 20(1), 53, 54 and 55 of the Act indicate, the submission of a claim in accordance with the requirements of the Act and the Regula tions is an essential condition of entitlement to unemployment benefits and determines the date from which entitlement begins to run. The law would appear to be designed to encourage the prompt filing of claims, presumably so that the Commission may verify the conditions of entitle ment as soon as possible after the interruption of
earnings. A claim may be antedated if the claim ant shows good cause for the delay.
What Parliament contemplated by good cause in section 20(4) of the Act must be determined in the light of general principles of law. It is pre sumed that Parliament did not intend to depart from such principles unless the intention to do so is clear. (Maxwell, On Interpretation of Statutes, 12th ed., p. 116.) It is a fundamental principle that ignorance of law does not excuse failure to comply with a statutory provision. (Mihm v. Minister of Manpower and Immigration [1970] S.C.R. 348 at p. 353.) The principle is sometimes criticized as implying an unreasonable imputation of knowl edge but it has long been recognized as essential to the maintenance and operation of the legal order. Because of its very fundamental character I am unable to conclude, without more specific indica tion, that Parliament intended that "good cause" in section 20(4) should include ignorance of law.
The issue in this case is somewhat analogous to that which the courts have had to consider under statutory provisions for relief from failure to give municipal corporations the notice of accident required by law, where there is "reasonable excuse" for the want or insufficiency of notice. It has been held that mere ignorance of law, at least where there is no fault imputable to the other party, is not reasonable excuse. (Varty v. Rimbey (1953) 7 W.W.R. (N.S.) 681, affirmed by (1954) 12 W.W.R. (N.S.) 256 (Alta. C.A.).) I can see no good reason for not taking the same view of the essentially similar expression "good cause" in the present case.
The admission of ignorance of the law as good cause for delay would, as the umpire has said, introduce considerable uncertainty into the administration of the Act without the possibility of any clear and reliable criteria to determine when it should apply in particular cases. I do not under stand any one to contend that ignorance of the law should be good cause for delay in any and all circumstances. If not, then when, in principle, would it be considered to be justification? I cannot conceive of any workable criterion short of a duty of care that would be satisfied only by application
to the Commission itself for information as to the precise requirements of the law and regulations. In such a case we would be dealing not so much with ignorance of law as with mistake induced by representations on behalf of the Commission. Such a case might be regarded as good cause for delay because it would be a cause imputable to the Commission rather than to the claimant. It is not necessary, however, for purposes of the present case to express an opinion on this point.
In the result, I am of the opinion that the umpire did not err in law, and that the section 28 application should accordingly be dismissed.
* * *
PRATTE J.: I agree that this section 28 applica tion should be dismissed.
* * *
HYDE D.J.: I agree.
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.