Employment Insurance Board of Appeal Member Code of Conduct

The Employment Insurance Board of Appeal (BOA) is a quasi-judicial administrative tribunal that decides first level Employment Insurance appeals under the Department of Employment and Social Development Act (DESDA).

The mission of the BOA is to hear and decide first level Employment Insurance appeals through a fair, independent and impartial process that is regionally based, client-centric and efficient.

1. The standards of conduct and other obligations set out in the Code of Conduct (the Code):
   • establish the professional and ethical responsibilities and the standard of conduct expected of BOA members (members), as decision-makers of an administrative tribunal
   • promote public confidence in the integrity, impartiality, efficiency, and independence of the BOA, and
   • ensure that the BOA is accountable and transparent in its operations.
2. The Code addresses members’ responsibilities to the BOA, including colleagues and BOA Secretariat, to the parties who appear before them and to the public. It is to be read in conjunction with all other applicable requirements set out in legislation, guidelines, codes or policies that apply to members and the exercise of their duties, taking into account whether the member is appointed by the Canada Employment Insurance Commission (CEIC member) or by the Governor in Council (GIC member).
3. Members are expected to uphold the values and principles of this Code in a positive and active manner, as well as those outlined in the Values and Ethics Code for the Public Sector, and in any other code which applies to them.
4. The Code cannot address every situation that may arise in the exercise of the members’ duties. When the Code does not explicitly cover a situation, or when in doubt about how it should be interpreted in a specific situation, members are expected to use common sense and judgment. They must keep in mind the BOA’s mission to keep the appeal process as simple and efficient as the principles of natural justice allow. Members must consult the Executive Head for guidance when uncertain.

1. All members of the BOA are expected to understand their obligations and expected behaviors under this Code.
2. The Code is effective from June 1, 2025. The Code may be amended to reflect the continuing development of the BOA.

1. The Executive Head is responsible for administering the Code, including providing guidance to ensure that the Code is interpreted and applied consistently.
2. Regional Coordinators promote awareness of and compliance with the Code.
3. Members are accountable to the Executive Head for following the Code. Members must be mindful of situations or conduct that go against the Code. They must also be mindful of situations or conduct that a reasonable person could see as going against the Code. Members are encouraged to discuss with their Regional Coordinator or Executive Head any such situation or conduct.
4. The Executive Head is responsible for determining whether there has been a violation of the Code and determining appropriate measures. This may include reporting on situations of real or apparent non-compliance and may result in corrective or disciplinary measures by the Executive Head, up to and including recommendation to remove the Member from the BOA. The nature of any corrective or disciplinary measures would depend on the circumstances and the gravity of the violation.

1. Members must recuse themselves from an appeal when they know, or should know, that participating in the appeal puts them in a real, potential, or apparent conflict of interest or creates a reasonable apprehension of bias, and inform the Executive Head of the situation.
2. A member of the panel selected to hear an appeal must bring to the Executive Head’s attention any information suggesting that another panel member’s participation in the appeal may result in that member being in a real, potential or apparent conflict of interest.
3. More broadly, members are required to perform their duties in the public interest. They must take all possible steps to prevent, avoid, report and resolve any situations that could be seen to result in a real, potential or apparent conflict of interest. They must also ensure that any real, potential or apparent conflicts of interest that arise between their official responsibilities and their private activities or affairs, or personal and family relationships, are resolved in the public interest.
4. Members must never use their official roles to inappropriately obtain an advantage for themselves or to advantage or disadvantage others.

Outside activities are activities, not part of a member's normal duties, that they participate in on a personal or professional level.

1. Members must be mindful that what they do is in the public domain and can be subject to public scrutiny. They are to avoid activities that put into question their independence and impartiality or that go against their responsibilities under the Code or other legislation, guidelines, policies as mentioned in section 2.2.
2. If a member is unsure of the appropriateness of their participation in an activity, they should speak with their Regional Coordinator or the Executive Head. If the activity might be perceived as questioning their independence and impartiality, members must obtain prior approval from the Executive Head, and from the Office of the Conflict of Interest and Ethics Commissioner in the case of GIC appointees.

1. Members will comply with all applicable legislation, rules, court decisions and policies that apply to their work as a BOA member and to the BOA’s mandate and operations.
2. Members must maintain a high level of knowledge and skills related to their work as decision-makers of the BOA.
3. Members must participate in training and professional development opportunities offered through the BOA.

1. Integrity

   Members must conduct themselves with integrity and avoid impropriety, or the appearance of impropriety. Members will act in a transparent and accountable manner regarding their personal and professional actions and should assume that their actions will bear close public scrutiny.

2. Stewardship

   Members must use and care for public resources responsibly and efficiently. They must take into consideration the present and long-term effects that their actions have on people and the environment. Members must also acquire, preserve and share knowledge and information as appropriate.

3. Objectivity

   Members must approach each case with an open mind and not be influenced by improper considerations. They must also conduct themselves in a manner that does not cast doubt on their ability to perform their duties objectively.

4. Impartiality

   Members must not be the advocate for a party, provide a party with legal advice, or have any social contact with a party, representative, witness, or interpreter during the proceedings.

5. Independence

   Members must exercise independence of thought and treat all those who appear before them without preference or prejudice. Members must also make sure that all parties are aware that they do not represent the interests of the government, employers, or labour, but rather, that their role is to provide objective analysis and unbiased decisions.

6. Courtesy and Respect

   Members will demonstrate courtesy and respect to all parties throughout the full course of proceedings, as well as to their fellow members and BOA staff at all times.

7. Equity and Inclusion

   Members will contribute to the creation and preservation of a healthy and safe environment that is free from harassment and discrimination. They will foster a welcoming, supportive, and psychologically safe space where people feel secure to be themselves, whether they are participants in an appeal or colleagues.

8. Collegiality

   Members must foster positive working relationships with staff and other members in a manner that reinforces the integrity and professionalism of the BOA.

9. Confidentiality

   Members will not use or disclose personal or confidential information obtained through their official duties with anyone except with the Executive Head, Regional Coordinators, other members of the BOA, or BOA Secretariat, and only if it is required as part of their duties, or if they are otherwise legally required to do so. In addition, members will not discuss in private or public, outside of the BOA, any aspect of an appeal that is or was before them.

10. Honesty and Good Faith

    Members are expected to act honestly and in good faith, in a professional and ethical manner, at all times.

11. Sensitivity to unique characteristics and circumstances

    Members must exercise their duties without discrimination. Members are expected to consider social and cultural differences, personal characteristics and situations, and respect all human rights.

12. Complaints

    The Regional Coordinator or Member Complaint process provides a fair, transparent, and proportionate mechanism for receiving, assessing, and resolving complaints about the conduct, professionalism, or service delivery of the EIBOA Regional Coordinators and Members, while preserving adjudicative independence.

1. Unless permitted under the legislation, members will not communicate directly or indirectly with any party, witness, interpreter or representative in respect of a proceeding, except during a hearing and in the presence of all parties or their counsel.
2. Members cannot communicate with news media or publicly express any opinion about:
   • the BOA’s work
   • specific appeals or issues dealt with in any appeal, or
   • any matter that may affect the BOA or create a concern about bias. News media include print and visual media, radio, blogs, social media, websites, and online communications such as advocacy forums and communities
3. Members cannot communicate or share any opinion with other government organizations, politicians, or the staff of politicians about:
   • the BOA’s work
   • specific appeals or issues dealt with in any appeal, or
   • any matter that may affect the BOA or create a concern about bias

1. Members are free to use social media. They must use good judgment if they decide to follow people and organizations or post comments where the public can see them. Members must understand that what they do on social media is in the public domain.
2. Members cannot use social media to comment on:
   • the BOA’s work
   • specific appeals
   • or issues dealt with in any appeal, or
   • any matter that may affect the BOA

Members must comply with all procedural fairness and natural justice requirements.

Before the hearing, members must have reviewed all the documents that are part of the appeal file and examined the applicable sections of the Employment Insurance Act, of the related Regulations and of any other legislation, and all legal principles and jurisprudence.

1. Members must help parties understand the appeal process and conduct the proceedings in a manner that promotes informed and effective participation.
2. Members must always conduct themselves with integrity during the hearing and be courteous, attentive, patient, open-minded, and respectful of the diversity of all participants.
3. Members must make sure that the hearing proceeds in a manner that is fair, accessible, orderly, efficient and non-confrontational, and that it is as easily understandable as possible.
4. Members must ensure that all parties are aware of and understand the important aspects of the case and that they have the opportunity to challenge them. The members must also give all parties the possibility of presenting without interruption the evidence and arguments in support of their positions, and of asking questions to witnesses and other parties.
5. Members will seek, probe, and clarify relevant and additional facts in a respectful manner.

1. Individual members must avoid arriving at a final judgment on an issue until all panel members have had an opportunity to provide input during the deliberations.
2. Each member must take personal responsibility to come to a decision according to his or her conscience and the applicable legislation and may not delegate this obligation or allow their decision to be dictated by another member.
3. Members must make each decision based on the merits of the case, the assessment of all relevant evidence, applicable legislation, and significant earlier decisions about similar cases.
4. Members will strive for consistency in their decision-making, while maintaining their independence and deciding each appeal based on the specific set of facts at issue.
5. Members must safeguard people’s privacy by protecting the appeal documents they have and ensuring that decisions contain only the personal information that is necessary to explain the reasoning of the decision.
6. Members are responsible for the accuracy of their decisions and are expected to give their reasons in accordance with any standards that may be established by the BOA regarding quality decision-making.
7. The members who heard the appeal must provide the parties with a written decision that is transparent, clear, and easy to understand