New EI Board of Appeal Rules

Summary#

The Canada Gazette notice proposes the Employment Insurance Board of Appeal Regulations, which set out how first-level appeals of Employment Insurance (EI) reconsideration decisions would be handled. If approved, the rules would create local regions, formal filing and hearing steps, and requirements for panels, interpreters and travel reimbursement; the government estimates the rules would cost $330,136 over 2025–2034.

What it does#

• Creates procedures for appeals to the new Board of Appeal (set up after changes to the Department of Employment and Social Development Act and the Employment Insurance Act).
• Sets how to file an appeal: in person at Service Canada, by mail/courier, or electronically.
• Requires the Canada Employment Insurance Commission to file its reconsideration record within 7 business days of an appeal.
• Keeps a mostly three-member panel model. Allows a two-member quorum (one must be the presiding member) if a member is unexpectedly absent and the parties consent; the presiding member can cast a deciding vote in that case.
• Lists 39 regions across Canada for where appeals are normally heard (regional panel members are to be assigned to these regions).
• Lets appellants choose the hearing format: in person, by videoconference or by teleconference. The Executive Head can change format for safety or operational reasons.
• Requires the Board to try to provide interpretation services when requested in writing; parties may bring their own interpreter at their expense.
• Provides that any party (except the Commission) who must travel more than 100 km to attend an in-person hearing may request reimbursement or an allowance if approved in writing before the hearing.
• Allows joining of similar appeals, filing a single group notice of appeal, late appeals with reasons, suspension or postponement of hearings in special cases, and reopening of abandoned appeals with stated reasons.
• Permits private hearings or restricted access to protect sensitive personal information or safety; gives rules for excluding someone when harassment evidence is given.
• Requires a decision be given on the day the hearing concludes unless an extension is allowed for fairness or new evidence. Dissenting opinions must be recorded and panel members must sign the decision.
• Treats electronic filings as originals and requires translations when documents are not in English or French.

Who's affected#

• People who appeal EI reconsideration decisions — claimants (people who applied for EI) and employers. Historically about 99% of EI appeals come from claimants.
• The Canada Employment Insurance Commission, which must prepare and file reconsideration records.
• Board of Appeal members, regional coordinators and Board staff who will run hearings and manage files.
• Representatives, interpreters and anyone who helps appellants with appeals (for example, community clinics or legal aid).
• The rules say small businesses are not expected to be affected materially.

Additional numbers from the department’s estimate: the Board is expected to get about 4,000 appeals per year, with roughly 1,200 in-person hearings; about 10% of in-person hearings (≈120) may require members to travel outside a region, at an average travel cost of $391.70 per hearing, giving an annual travel cost estimate of $47,004.

Why it matters#

• This is a proposal to replace the current first-level EI appeal process with clearer, more local and more flexible procedures. That could make appeals easier to understand and faster to resolve for people who lost EI decisions they disagree with.
• Local regions and panels aim to bring decision-makers who understand regional work realities closer to appellants. Flexible hearing formats (in-person or virtual) may make participation easier.
• Measures on interpreters, accommodation and private hearings are meant to protect participation and privacy for people with language needs, health issues, or harassment complaints.
• There is a small estimated cost to operate these procedures ($330,136 over 2025–2034), largely for travel when hearings are held outside an appellant’s region.
• These are proposed regulations (not law yet). They were published in the Canada Gazette on December 14, 2024, and the public has 30 days from that publication to comment. An Order in Council will be needed to bring the Board and regulations into force.