Digest of Benefit Entitlement Principles Chapter 18 - Section 9

18.9.0 Prosecution

The Commission is authorized to pursue court action, or formal prosecution, when the misrepresentation(s) represent grave contravention of the Employment Insurance legislation, or in cases of extreme repetitive misrepresentation. The grounds under which the Commission may prosecute are set out in EIA 135(1). Prosecution may be started at any time within five years after the Commission determines an offence occurred (EIA 125[4]). Integrity Operations determines whether prosecution is appropriate.

The Commission can pursue only one form of penalty. The act of laying charges is a threshold act that prevents consideration of penalty under any other section of the Act. Once the charge is laid, the Commission can no longer opt to penalize under EIA 38 or EIA 39. It does not matter if the Commission subsequently withdraws charges prior to a hearing.

If the Commission stops the prosecution before charges are filed, other penalties may be considered. However, if prosecution is not pursued, the reasons for stopping the process should be examined before considering penalties under other sections of the Act.