Employment Insurance appeals now go to a new Board of Appeal before reaching the Social Security Tribunal

Plain-language summary · AI-assisted · not legal advice

The consolidated law now activates a new two-step appeal structure for Employment Insurance (EI) decisions. Claimants who disagree with a Commission decision under the Employment Insurance Act must first appeal to the Board of Appeal within 30 days; the Board can extend that to one year in special circumstances. Board of Appeal decisions can then be challenged at the Tribunal's Appeal Division within 30 days, but only on limited grounds (natural justice, legal error, perverse factual finding, or constitutional questions). The leave-to-appeal requirement that previously applied to EI appeals at the Appeal Division has been removed for this pathway; leave remains required only for Income Security Section decisions. The Appeal Division can refer EI matters back to the Board of Appeal rather than the former Employment Insurance Section, and the Board and Appeal Division must exchange documents needed to decide cases. Parties before the Board may be represented by a representative of their choice at their own expense, and travel or living expenses may be reimbursed in warranted cases.

Who this affects: Employment Insurance claimants · employers responding to EI appeals · legal representatives and agents in EI proceedings · Board of Appeal members and staff · Social Security Tribunal Appeal Division