Glossary

The glossary presents a list of terms and their definitions commonly used by the Employment Insurance Board of Appeal (EIBOA).  Note that these terms may carry different meanings in other legal contexts.

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• Abandonment of appeal

  The formal, voluntary, or deemed withdrawal of an appeal, signaling that the appellant no longer wishes to pursue the case, resulting in its dismissal. It can occur by filing a formal notice or by failing to comply with procedural rules.

• Abeyance

  The temporary suspension of the processing or consideration of an appeal. While in appeal is held in abeyance, no further steps are taken until the matter is resumed.

• Access to information request

  A request for one or more records that is made under the Access to Information Act.

• Accommodation measure

  A tailored adjustment to rules, policies, practices, or physical environments such as flexible scheduling, supportive personnel or assistive technologies designed to enable individuals to fully participate without discrimination.

• Acknowledgment of notice of appeal

  A formal confirmation issued by the EIBOA indicating that a Notice of Appeal has been received and officially registered.

• Administrative tribunal

  An independent decision-making body established by legislation to resolve disputes and makes determinations in specific areas of law, such as employment insurance, immigration, or human rights. It operates with less formality than courts and focusses on accessible, efficient, and specialized adjudication.

• Appeal

  A proceeding in which a case is brought before a higher court to have it review a lower administrative body or court decision.

• Appeal docket

  An official record of documents and events that includes essential information about each appeal, such as the names of the parties involved, the appeal file number, and the status of the case. It also includes the original application for Employment Insurance benefits, the request for reconsideration and the reconsideration decision made by Service Canada with their arguments explaining their decision, the notice of appeal, and all documents provided by the parties to the appeal. The docket helps ensure organized processing and tracking of appeals as they move through the review process.

• Appeal file number

  A unique identifier assigned by the Registry office once the appeal is received, processed, and verified. This number is usually found on the correspondence sent to the appellant.

• Appellant

  A person who is granted leave to appeal and who brings an appeal.

• Argument

  A reasoned statement presented orally or in writing during a hearing, that explains the relevant facts, evidence, and legal basis of a case. It applies the law to those facts to request a specific outcome and is intended to persuade the decision-maker to rule in favor of the party presenting it.

• Balance of probabilities

  The standard of proof in civil and administrative cases to determine the truth of a claim which will determine the outcome of a decision. Under this standard, a fact is considered proven if it is more likely than not to have occurred (i.e., a probability of more than 50%). The balance of probabilities involves weighing the evidence to determine which version of events is more probable.

• Binding

  In law, refers to a decision, rule, or precedent that must be followed and is legally obligatory in a court or decision-making-body.

• Burden of proof

  The responsibility of a party to prove the truth of its claims or allegations before the EIBOA. Employment Insurance legislation and jurisprudence determine which party bears the burden of proof, depending on the issue under appeal.

• Canada Employment Insurance Commission (CEIC)

  The federal body responsible for overseeing the Employment Insurance (EI) program in Canada. It provides policy guidance, monitors the EI system, and ensures the program’s effective operation.

• Canada Post Connect (CPC)

  A secure electronic service provided by Canada Post that allows individuals and organizations to exchange documents and communications online in a protected environment. This platform enables users to submit appeal-related materials electronically and receive correspondence, ensuring streamlined communication with the EIBOA.

• Case law

  The collection of legal decisions made by courts and tribunals which serve as precedents for future cases.

• Claimant

  A person who has filed a claim or receives Employment Insurance benefits.

• Clerical error

  A minor mistake in a document, decision, or record resulting from a typographical, transcription, or administrative oversight. Such errors do not affect the substance or outcome and may be corrected without altering the original intent. These errors are typically unintentional, do not reflect a deliberate decision or a misunderstanding of the law, and are often easily corrected.

• Concession

  A formal admission by a party in an appeal that a fact, claim, or legal point raised by the opposing side is correct. When a concession is made, the Member or panel no longer needs to hear evidence on that specific point.

• Confidentiality order

  A directive issued to protect sensitive information presented during an appeal. This order restricts the disclosure of specific details, ensuring that personal or confidential information remains private and secure throughout the appeal process. It helps safeguard the rights and privacy of individuals involved in the case.

• Consent

  A voluntary and informed agreement by a person to allow an action to occur or to participate in an activity. In law, consent must be given freely, with knowledge of all relevant facts, and by an individual possessing the legal capacity to agree.

• Constitutional question

  A legal issue that arises concerning the interpretation or application of the Constitution of Canada. Within EIBOA, a constitutional question may be raised during an appeal if there are concerns that a decision or legislative provision infringes on constitutional rights or principles. Addressing such questions ensures that decisions made within the EI system uphold the fundamental rights outlined in the Constitution.

• Corrigendum

  A formal notice issued to correct in a previously published document, decision, or official record. It specifies the nature of the error and provides the appropriate correction, without altering the original content.

• Deliberation

  The process in which decision-makers privately review the evidence, submissions, and applicable law after a hearing to reach a decision.

• Dissending

  Describes the opinion of a judge or a member of a tribunal who disagrees with the majority decision in a case. A dissenting opinion explains the reasons for a disagreement but does not establish legal authority.

• Evidence

  The information, documents, or testimonies presented during an appeal to support a case. This may include written statements, expert opinions, employment records, and any other materials that help establish the facts and validity of the appellant's claim. Evidence presented helps in making informed decisions.

• Employee

  A person who works for an employer and paid for performing work or services.

• Employer

  A person, business or organization that hires and pays an individual to perform work or services.

• Executive Head

  Administrative and operational leader responsible for the overall management, supervision, and performance of the Employment Insurance Board of Appeal (EIBOA). The Executive Head is specifically charged with the day-to-day supervision of the organization's work, including the management of Regional Coordinators and Members.

• Executor/Liquidator

  An individual appointed by the maker of a will to carry out the instructions of the will. They ensure that the deceased person’s debts are settled and their assets are distributed according to their wishes. In Québec, the liquidator, previously known as the testamentary executor, is the person responsible for settling a succession.

• Extension of time

  A period of additional time beyond the normal due date to take an action, file a document, make a decision or complete a task.

• File number

  A unique number from the Canada Employment Insurance Commission that identifies a reconsideration decision. This number is found on the reconsideration decision letter sent by Service Canada.

• Governor in Council

  It is the term used in the Canadian governmental system to refer to the Governor General of Canada acting on the advice of the federal Cabinet. In other words, when the Cabinet makes a decision, the Governor General formally approves it.

• Hearing

  A proceeding before a board or a court in which arguments are presented to decide the appeal.

• Hearing Format

  The specific method used by which a hearing is conducted. Hearings before the EIBOA, may take place in person, by videoconference or by teleconference.

• Hearing location

  The physical or virtual place where a hearing is held. This can include a boardroom, online platforms for online hearings. EIBOA selects the location to ensure accessibility for all participants, facilitating the effective presentation of their cases.

• In-person hearing

  A hearing format where all participants, including the member and the parties, are physically present in the same room. This traditional format allows for direct interaction and the physical presentation of evidence.

• Interlocutory order

  An interlocutory decision is a temporary or interim ruling that governs proceedings until a final resolution is reached. This type of order addresses specific issues or requests that arise during the appeal such as granting extra time or grouping cases rather than resolving the main matter being appealed.

• Interpreter

  A person who converts spoken or signed communication from one language into another in real-time during a hearing or conference. The interpreter focuses on oral or sign language to ensure that all parties can understand and participate in the proceedings.

• Joining appeals

  The process of consolidating multiple related appeals into a single hearing. This occurs when the appeals involve similar issues, facts, or parties, allowing for a more efficient examination and resolution. Although grouped for administrative efficiency, each appeal is considered individually and results in its own separate decision.

• Jurisdiction

  The authority of a court to hear certain cases.

• Jurisprudence

  A collection of reported cases that form the body of law within a given area which forms precedents for future cases.

• Language

  The specific official language English or French used for all communications, documentation, and oral testimony during the appeal process. Appellants have a legal right under the Official Languages Act to choose which of Canada’s two official languages they wish to use when dealing with the EIBOA.

• Legal test

  A set of legal standards or rules used to decide a case. For the EIBOA, these tests help determine if a claimant's evidence satisfies the requirements to receive EI benefits.

• Liquidator/Executor

  An individual appointed by the maker of a will to carry out the instructions of the will. They ensure that the deceased person’s debts are settled and their assets are distributed according to their wishes. In Québec, the term liquidator is used in place of executor.

• Members

  A person appointed to a board, tribunal, or committee to make independent decisions on legal appeals or applications. Members review evidence, hear arguments, and issue formal written decisions. In the Employment Insurance Board of Appeal, panels follow a tripartite model, with members representing the interests of the government, employers, or insured workers.

• Natural justice principle

  Natural justice represents a fundamental principle of fairness in decision-making processes, serving as an unwritten set of rules that guide administrative and judicial bodies. It ensures that decisions are made impartially and with due consideration for all parties involved.

• Notice of appeal

  A notice of appeal is the formal document filed with the Employment Insurance Board of Appeal (EIBOA) to indicate that a party is challenging a decision from Service Canada. It initiates the appeal process and identifies the decision the appellant is contesting.

• Notice of hearing

  A formal correspondence that informs parties involved in an appeal of the date, time, and location of the hearing.

• Open Court Principle

  The Open Court Principle is a rule that requires hearings to be open to the public. By allowing people to see how justice is being done, this principle ensures the legal system remains transparent and trustworthy.

• Open justice

  The principle that legal proceedings are conducted publicly to ensure transparency and accountability in the administration of justice.

• Party

  An appellant, applicant, respondent or intervener to an appeal or application or leave to appeal.

• Postponement

  The deferral of a hearing to a later date, typically occurring prior to the commencement of proceedings.

• Precedent

  A previous decision made by a court or tribunal that may be followed or used as a guide when deciding similar cases in the future.

• Prejudice

  The harm or disadvantage a party suffers regarding their rights or standing in a proceeding. It often involves a substantial impairment of a party's ability to maintain a claim or defense.

• Presiding Member

  The designated member of a three-person panel who leads a hearing and manages the proceedings of a board or tribunal, such as the Employment Insurance Board of Appeal.

• Private hearing (In-camera hearing)

  A proceeding is not open to the public or the press. This type of hearing is held to protect sensitive information, such as personal details or confidential evidence, ensuring privacy for the parties involved. While the proceedings are not accessible to the public, all parties still have the opportunity to present their cases and participate fully in the discussion.

• Quorum

  The minimum number of members required to be present for a hearing or meeting to be properly constituted and able to proceed, ensuring that decisions are made with sufficient participation and authority. For a 3-member panel, a quorum consists of 2 members.

• Reconsideration decision

  The final decision made by Canada Employment Insurance Commission following a formal request to review its original decision. This reconsideration decision can be appealed to the EIBOA.

• Record

  An audio or video capture of a hearing, created to provide an accurate account of the proceedings. Recordings support transparency and serve as evidence for review, decisions, or appeals.

• Registry

  The administrative body responsible for the clerical and logistical management of appeal cases. It organizes hearings and ensures procedural compliance, enabling the EIBOA to operate efficiently while upholding its judicial independence.

• Representative

  An individual authorized to act on behalf of a party involved in an appeal. This may include lawyers, advocates, or family members who assist the appellant or the respondent in presenting their case, providing evidence, and navigating the appeals process. The representative ensures that the interests and rights of the party they represent are effectively communicated and defended during the hearing.

• Respondent

  The party opposing the appeal or the motion for leave to appeal.

• Service Canada

  A federal government agency that provides a range of services and information related to employment, social development, and financial support for Canadians. Within the framework of the Employment Insurance Board of Appeal (EIBOA), Service Canada is responsible for making initial decisions regarding Employment Insurance (EI) benefits. Individuals who disagree with a reconsideration decision from Service Canada can appeal to the EIBOA for independent review and adjudication.

• Service commitments

  The standards and assurances provided by the EIBOA regarding the level of service that applicants can expect during the appeals process. These commitments outline timelines for processing appeals, response times for communications, and the overall quality of service delivery. Service commitments aim to ensure transparency, accountability, and a positive experience for those engaging with the appeals system.

• Single Appeal Notice

  A formal appeal submitted on behalf of a group of appellants who are collectively challenging the same decision made by Service Canada regarding EI benefits. In this process, one appellant is designated to represent the group, and the appeal is often supported by a union representative or a lawyer. This results in a single hearing and one decision that applies to all members of the group, streamlining the appeals process for related cases.

• Social Security Tribunal Appeal Division (SST-AD)

  The second level of appeal for any party who disagrees with an EI General Division decision. The Appeal Division reviews decisions to determine whether an error was made in law, fact, or procedure. It has the authority to confirm or change a decision or send the case back for a new hearing.

• Solemn declaration

  A formal statement made by an individual affirming that the information provided is true and accurate, usually made under penalty of perjury. solemn declarations may be submitted as part of the evidence or documentation in an appeal. This declaration serves to strengthen the credibility of the information presented and emphasizes the seriousness of the individual's commitment to honesty in the appeals process.

• Submissions

  Information, evidence, or arguments provided by a party to support their position and help the EI Board panel decide the appeal. Submissions may be made in writing or presented during a hearing.

• Supporting documents

  Supporting documentation are records, papers, or digital files (e.g. receipts, contracts, bank statements) that provide evidence, validation, or extra information to substantiate a claim, or transaction.

• Teleconference

  A hearing format held by telephone that allows participants in different locations to communicate using only audio. This format is often used for its accessibility, as it requires only a standard phone line rather than an internet connection.

• Videoconference

  A format that allows participants in different locations to communicate simultaneously via live audio and video. This format facilitates real-time interaction and discussion.

• Wage loss (loss of remuneration)

  Refers to the income a person forgoes due to attending an in-person hearing. This loss represents the earnings an individual would have received had they not taken time away from work to participate in the appeal process. Calculating this loss is necessary for determining potential reimbursement or addressing the financial impact of participating in the Employment Insurance appeal.

• Withdrawal

  An act by which the person filed an appeal voluntarily decides to end the process before a decision is issued. The withdrawal generally terminates the appeal proceedings, and the challenged decision remains in effect.

• Witness

  An individual who provides evidence in a proceeding or attests to the facts of a case of a document based on their personal knowledge, knowledge, direct observation, or specialized expertise. Their testimony can influence the outcome of a case by providing insights that might otherwise remain concealed.