EI Board of Appeal begins April 1, 2026

Summary#

This order sets April 1, 2026 as the day several sections of the Budget Implementation Act, 2023, No. 1 come into force. The main practical effect is that first‑level appeals of Employment Insurance (EI) decisions will be heard by a new EI Board of Appeal instead of the EI General Division of the Social Security Tribunal (SST).

What it does#

• Moves all new first‑level EI appeals from the EI General Division of the Social Security Tribunal to the EI Board of Appeal, a three‑person panel model.
• Establishes procedural rules for the Board of Appeal, including:
  • an appeal deadline of 30 days from the decision, with possible extra time up to one year;
  • written decisions with reasons; the Board cannot decide constitutional questions;
  • hearings generally held in person and in the appellant’s region (some parts may be private);
  • parties may be represented by someone of their choice; limited rules for reimbursing attendance expenses.
• Allows abandoned appeals to be reopened in specific circumstances (e.g., if natural justice was not observed or abandonment was beyond the appellant’s control).
• Directs that appeals from the Board of Appeal go to the Appeal Division of the SST without needing leave, but only on certain grounds (e.g., natural justice breaches, errors of law, perverse findings of fact, or unresolved constitutional questions).
• Replaces references to the EI General Division across several laws (including the Department of Employment and Social Development Act, the Federal Courts Act, the Labour Adjustment Benefits Act, the Income Tax Act, and the Employment Insurance Act) so they point to the Board of Appeal where needed.
• Includes transitional rules about existing appeals: appeals already before the EI General Division before April 1, 2026 will stay there until decision or until that body is dissolved; any ongoing cases at dissolution would move to the Board of Appeal.
• Notes that the Employment Insurance Board of Appeal Regulations were published March 26, 2025 and will come into force the same day as this Order.

Who's affected#

• EI claimants and people who want to appeal EI decisions.
• Representatives who help appellants (lawyers, legal clinics, unions).
• Employment and Social Development Canada (ESDC) and the staff who run EI appeal services.
• The Canada Employment Insurance Commission, because it can make regulations about the Board.
• The Appeal Division of the Social Security Tribunal and the existing EI General Division of the SST, which will see changes to where cases are heard and how appeals move between bodies.
• Canada Revenue Agency for appeals that raise questions about insurable earnings or hours, since those questions are directed to CRA.
• Employers and labour groups with an interest in EI decisions.
  If anything is unclear about how ongoing cases will be handled at the moment the old body is dissolved, the text says those cases would transfer, but practical timing and procedures may depend on implementation details.

Why it matters#

• The change returns to a three‑person panel and regional, in‑person hearings. That could make appeals feel more accessible and context‑aware for people who live outside major centres.
• The appeal time limit of 30 days (with limited extension) makes it important for appellants to act quickly or seek help promptly.
• Some appeals can now reach the Appeal Division of the SST without a separate leave step, which may make it easier to get a second review in the right cases.
• The move aims to simplify and improve the experience for vulnerable clients and others who need to challenge EI decisions.
• If you already have an appeal with the EI General Division, it will not automatically move before a decision; check with your representative or the tribunal for the status of your case.