Employment Insurance Appeal Process

The website has a very detailed explanation of the Appeal Process and many links to other useful sites. More information at Service Canada Centres in Nelson or Trail (see separate listings in Directory)

Appeals to the Board of Referees:

• Claimants or Employers may appeal decisions regarding the claim including why Employment Insurance (EI) benefits have been refused; benefits received are to be repaid; or a warning letter has been given or a penalty assessed.
• There is a time limit for filing (through the local Service Canada Centre) the appeal which must be in writing. A standard form is available, but not mandatory.
• The Board of Referees is made up of 3 knowledgeable people who are not employees of the Department of Human Resources and Social Development. They will examine the case at a hearing and base their decision on the Employment Insurance Act and Regulations.
• A written decision will be sent out between 7 and 10 days after the hearing.

Appeals to the Umpire:

• If the decision is not in the applicant's favour, they may file (through the local Service Canada Centre) an appeal in writing with the Umpire who is generally a judge of the Trial Division of the Federal Court of Canada.
• The appeal form must be completed and filed within a fixed period after receiving the Board of Referees decision.
• Umpire will review the appeal to make sure the Board of Referees correctly followed procedures and based its decision on the evidence presented and the law.
• No new evidence can be presented to the Umpire.