How to appeal my EI decision

• EI benefits have been refused
• EI benefits received are to be repaid
• a warning letter has been given and/or
• a penalty has been imposed

Employers and/or other interested parties affected by a decision may also request a review if, for example:

• EI benefits are being paid to an employee who quit their job or was fired for misconduct
• EI benefits are being paid to employees who refused work or are in a labour dispute
• a warning letter has been given and/or
• a penalty has been imposed

Please note that if you have information or documentation that was not submitted which could change the decision that was originally made, it should be forwarded immediately by mail or in person at a Service Canada Centre for review prior to submitting a request for reconsideration.

If you have already provided all pertinent information or documentation and still disagree with the EI decision, you can make a formal request for reconsideration.

Requesting a reconsideration

There is no cost to request a reconsideration. You must submit your request to Service Canada within 30 days from the date the decision was sent to you. If you do not submit your request within the 30 day time period, you must provide reasons for the delay. The EI Commission may allow a longer period if it is satisfied that there is a reasonable explanation.

How to submit a request for reconsideration

Complete, print and sign the online request for reconsideration of an EI decision form.

Submit it to Service Canada in person or by mail within 30 days after the date the decision was communicated to you. There is no fee to request a reconsideration.

If you submit your request after 30 days, you must provide a reason for the delay. Service Canada can still accept your request if we determine that there is a reasonable explanation.

What happens next

A Service Canada agent will review your request for reconsideration. This will not be the same person who made the original decision. This agent will:

• read the original decision and all related material on file
• complete additional fact-finding and clarify any differences with relevant parties, which may include your previous employer
• obtain relevant documents
• review any new information received
• assess all evidence related to the issue
• make a decision that is consistent with legislation and jurisprudence
• document the reasoning to support the reconsideration decision

Each case is different and the agents do their best to complete the reconsideration as soon as possible.

The original decision may be maintained or changed. We’ll inform you of the reconsideration decision in writing. An agent will call you to provide an explanation if the decision is not in your favour.

How to authorize another person to access information about your request for reconsideration of an EI decision

Your personal information and your request for reconsideration file are confidential.

You can give Service Canada permission to share information about your request for reconsideration with a person you authorize by completing this online form: Individual’s Consent to Disclosure and/or Use of Personal Information. Print, sign and mail it to the Service Canada address for your region (see table below) or bring it to a Service Canada office.

Mailing Addresses:

	Atlantic:	Québec:	Ontario:	Western/Territories:
Address	Service Canada P.O. Box 8548 St. John’s, Newfoundland A1B 3P3	Service Canada Boucherville Processing Centre P.O. Box 60 Boucherville, Quebec J4B 5E6	Service Canada P.O. Box 2602 Mississauga, Ontario L4T 0B1	Service Canada Centre P.O. Box 245 Edmonton, Alberta T5J 2J1

Note: Make sure Service Canada has your correct mailing address so that information can be shared throughout this process.

Helpful information:

The following web pages may assist you in understanding the decision made and help you prepare a request for review:

• the Employment Insurance Act and Regulations on the Justice Laws Website
• Jurisprudence Library
• Digest of Benefit Entitlement Principles and the Index of Jurisprudence used by Service Canada staff to make decisions
• EI Appeal decisions favourable to workers

If you have further questions about the decision that has been made on your application for benefits call the toll-free EI information Line: 1-800-206-7218.

 

When you submit a request for reconsideration

A Service Canada employee, other than the one who made the initial decision, will review your request for reconsideration as well as your file and notify you of the Employment Insurance (EI) Commission’s review decision. Each case is reviewed and decided on its own merits.

During this process, we will:

• review any new information you have provided
• review the original decision and all related information on file, for example, were you available to accept work or did you voluntarily leave your job?
• complete additional fact-finding and clarify any differences or conflicts with all interested parties such as a claimant, employer, or other people
• obtain all relevant documents such as contract of employment or other applicable documents
• ensure the proof and reasoning to support the decision on file is well documented
• assess all information related to the issue, and
• ensure the decision is consistent with the issue of the case as well as the legislation and jurisprudence

There are no oral hearings during this process. If you or other interested parties submit new information, or if we become aware of additional facts during the review, this information will be taken into consideration.

Note: If you quit your job or were dismissed for misconduct, your previous employer may be contacted to provide further information as part of the review. You will be informed of the decision on your request for reconsideration in writing. A verbal explanation is always given if a decision following Service Canada’s review is unfavourable to you.

Many factors can impact the time required for Service Canada to complete its review. Every effort is made to complete the review without delay. For example, the type of case, complexity and time required for research may all affect how long the review can take.

It may be determined that the initial decision on your application for benefits will be supported, cancelled, revised or replaced.

Appealing to the Social Security Tribunal

If you do not agree with the decision made following a request for reconsideration of an EI application decision, you can file an appeal with the Social Security Tribunal.

The Social Security Tribunal (SST) is an independent administrative tribunal that makes decisions on social security appeals. We’re committed to providing Canadians with an appeal process that’s simple, quick and fair. If you disagree with a reconsideration decision from Service Canada, you can appeal to the SST.

General Division

You can submit an appeal to the Social Security Tribunal’s General Division within 30 days of receiving your review decision. An appeal must be in the form set out by the Tribunal on its website and contain all the requested information.

The Social Security Tribunal will notify Service Canada of your appeal.

Appeal Division

If you disagree with the decision made by the Social Security Tribunal’s General Division, under certain circumstances, you can submit an appeal to the Social Security Tribunal’s Appeal Division, within 30 days of receiving the decision of the General Division. Permission to appeal to this level must be granted by the Social Security Tribunal.

For more information, please visit the Social Security Tribunal Web site.

Source: Service Canada website