What is an Appeal

Board of Appeal Panels

The EI Board of Appeal is an independent and impartial administrative tribunal. EIBOA members are not government employees. They are trained and knowledgeable about the rules of the EI program and have the expertise to assess your appeal fairly and objectively.

Each appeal is heard by a panel of three Board of Appeal members from your region, composed of:

• a presiding board member appointed by the Governor in Council (GIC)
• a representative from the workers’ communities appointed by the Canada Employment Insurance Commission (CEIC)
• a representative from the employers' communities appointed by the CEIC

EIBOA members are regionally dispersed across Canada. They have knowledge of their region’s economic conditions and labour market realities, which helps them understand the context of each case. Hearings are generally conducted by members assigned to the same region as the appellant.

The EIBOA aims to schedule and decide appeals within 30 days of receiving the Notice of Appeal form.

Before Filing an Appeal

Before filing an appeal, you must first request a reconsideration of the initial decision made by Service Canada. Service Canada will review the file and issue a written reconsideration decision, which is the final step in their internal review process. Should you disagree with the reconsideration decision, you may then file a formal appeal with the EIBOA by submitting a Notice of Appeal.

To file your appeal, you will need:

• your Service Canada Record ID number found on the reconsideration decision letter
• your personal information

If you cannot locate your reconsideration decision letter, you can use one of the following options:

• Log into your My Service Canada Account
• Visit a Service Canada office
• Call the EI Call Centre at 1-800-206‑7218 or Teletypewriter (TTY) at 1-800-529-3742

Reasons for Appealing

A claimant, employer, or other person who is the subject of a reconsideration decision made by Service Canada, may appeal it to the EIBOA.

As an EI claimant, you may appeal a reconsideration decision for various reasons, including: 

• your EI benefits were denied   
• you have an overpayment or a requirement to repay
• you received a warning letter or were imposed a penalty due to a false declaration

As an employer, you may appeal a reconsideration decision for various reasons, including: 

• EI benefits are being paid to a former employee who quit or was let go  
• EI benefits are being paid to a former employee who refused work or is in a labour dispute
• you received a warning letter or penalty due to a finding of misrepresentation

When appealing to the EIBOA, you must provide a written explanation outlining the reason(s) why you disagree with Service Canada’s reconsideration decision. You may also submit documents to support your claim.

Deadline to File an Appeal

There is a deadline for filing your appeal. Therefore, it is important to avoid delays. Service Canada will attempt to notify you of the reconsideration decision by telephone followed by a formal decision letter via mail. This letter explains your right to appeal to the EIBOA. You have 30 calendar days from the date you were notified of the reconsideration decision to file your Notice of Appeal. The 30-day period includes weekends and holidays and begins the day after you were notified of the reconsideration decision.

Late Appeal

If you file or send your Notice of Appeal after the 30-day deadline, you must provide a reasonable explanation for the delay. Without this explanation, your appeal may not be accepted. Please ensure that your file is as complete as possible to avoid delays. You may be contacted if more information is needed. However, no appeal will be accepted more than one year after the decision has been communicated to you.

The EIBOA may extend the 30-day period if there is a reasonable explanation for the delay, and will determine whether your appeal can proceed:

• If an extension is granted, the EIBOA will inform you, and proceed with the appeal process
• If an extension is denied, your appeal will not proceed. You will be notified in writing, and Service Canada’s reconsideration decision will remain unchanged. You may appeal this refusal to the Social Security Tribunal – Appeal Division

To file your appeal more than 30 days after you were notified of Service Canada’s reconsideration decision, you must complete the section titled “Late Appeal” on your Notice of Appeal form. In this section, you will need to:

• provide the date you were informed of the reconsideration decision  
• provide the reason(s) why your appeal is late
• demonstrate that you always intended to appeal and explain the circumstances behind the delay
• submit any supporting documentation, if needed 

Participants in a Hearing

Participants in an appeal hearing may include:

• the appellant, who may either be a claimant or an employer
• a representative designated by either the claimant or the employer
• an interpreter
• a witness
• a support person
• the Canada Employment Insurance Commission (CEIC)

Note: The Canada Employment Insurance Commission (CEIC) plays a key role in overseeing the Employment Insurance (EI) program. Because Service Canada manages the EI program on behalf of the CEIC; it is considered an official party to your appeal.

Representative

You may have someone assist you with the preparation of your appeal and attend the hearing with you. This person can be a friend, a union representative, a lawyer or any other person of your choice.

If you wish to have someone represent you during the appeal process, you must provide the name and contact information of your representative in writing, indicating that you are providing consent for them to act on your behalf. Without this written consent, the EIBOA is unable to disclose any information with your representative.

When submitting your Notice of Appeal form, please complete the representative section on the form to designate a representative.

If you have already submitted your Notice of Appeal, or if you are another party to the appeal and wish to designate a representative, please complete the Consent for Disclosure of Personal Information to a Representative form.

Please note that if you choose to be represented, you are responsible for any fees or expenses incurred by your representative.

You may withdraw your consent at any time during the appeal process by notifying your assigned Registry Officer in writing.

Interpreter

Hearings are held in English or French. If a participant is not comfortable in communicating in either language or requires alternative communication support, they may need an interpreter.

An interpreter is a trained person who translates what is said from one language to another. This ensures that everyone can understand each other during the hearing.  

Interpreters may also use sign language to help people who are deaf, or hard of hearing.  

Interpretation services, including sign language for those who are deaf or hard of hearing, are provided by the EIBOA upon request. While parties are permitted to provide their own interpreter, they must assume full responsibility for any associated fees.

Witness

An appellant or any other party may call witnesses to testify at the hearing. A witness is an individual who has first-hand information about what they saw, heard, or experienced regarding the case. Their role is to help explain what happened by giving honest and accurate information. During the hearing, the witness will be required to answer questions from all parties and the presiding Member.

Accommodation

An accommodation is an arrangement that removes barriers related to a disability, or other protected grounds under human rights law, to ensure full participation in the appeal process. This applies to all participants involved in the hearing.

Costs

Filing an appeal is free. However, you may incur additional costs such as:

• sending documents by mail or courier
• hiring a representative
• translating documents into English or French when they are written in another language
• hiring your own interpreter
• travel expenses to attend the hearing

The costs related to these services are not covered by the Employment Insurance Board of Appeal. However, there may be specific situations where certain expenses related to attending In-Person hearings may be reimbursed. These reimbursements are subject to specific criteria, which can be found in Reimbursement for Attending In-Person Hearings.