What to Expect After Filing an Appeal

Acknowledgement of a Notice of Appeal

Once the EI BOA receives a Notice of Appeal, the appellant will be sent a written acknowledgement, and a notification will be sent to all other parties involved in the appeal. The acknowledgement will include the name and telephone number of the Registry Officer assigned to the file. This person will be your main contact throughout the appeal process.

The Canada Employment Insurance Commission (CEIC) will then be required to share all relevant documents in its possession related to your appeal. After receiving these documents, a hearing will be scheduled, and a Notice of Hearing letter will be sent to you along with the appeal docket.

Appeal Docket

The appeal docket contains documents to help parties understand the case that is being appealed. It is shared with all parties involved in the appeal, providing access to the relevant information required to participate in the hearing.

The appeal docket includes:

• the reconsideration file, which in most cases contains:
  • all relevant documents the CEIC has in its possession related to the issue under appeal
  • the Commission’s reconsideration decision
• the Commission's written submission explaining the reasons for its reconsideration decision
• all documents submitted to the EI BOA by any party to the appeal

Please review all documents in the docket to familiarize yourself with the facts and evidence presented, as this will help with discussions during the hearing. Bring your appeal docket with you to the hearing, whether you are attending virtually or in person.

Notice of Hearing

The Notice of Hearing is a formal document issued by the EI BOA to inform all parties involved in the appeal of the scheduled hearing. It provides important information about the hearing, including:

• the date and time
• the hearing format, along with the corresponding details such as location, telephone number and/or videoconference link
• preparation tips tailored to the hearing format
• instructions in case of unexpected events
• information about interpretation services
• accommodation measures
• technical support to facilitate participation
• a list of known participants

If you are unable to attend the hearing on the scheduled date or time, please contact your assigned Registry Officer to request a postponement or to ask any questions.

Requesting a Postponement of your Hearing

Should you be unavailable on the scheduled date or time of your hearing, a postponement may be requested. Other parties, or the EI BOA, may also request a postponement. A clear explanation of the reason must be submitted in writing.

The EI BOA will review your request, and decide whether to grant it based on several factors, including:

• the reason for the request
• timeliness of the request
• the length of the postponement
• any previous requests
• the impact on other parties
• the principles of natural justice

If your request is approved, you will be notified of the new hearing date. Postponed hearings are usually rescheduled within 45 days of the original hearing date.

If your request is denied, you will be notified of the decision, and the hearing will proceed as originally scheduled.

Withdrawal

An appeal may be withdrawn at any time before or during the hearing. This would mean that the appellant chooses to end the appeal process. Only the appellant can withdraw an appeal, other parties cannot.

Requests to withdraw an appeal before the hearing must be submitted to the EI BOA in writing, as soon as possible. The appellant must indicate whether they are withdrawing the entire appeal, or only specific issues. If they withdraw the entire appeal, the appeal will be considered closed, the scheduled hearing will be cancelled, and the Commission’s reconsideration decision will remain unchanged. If only specific issues are withdrawn, the appeal process and the hearing continue with the remaining issues.

Appeals withdrawn during the hearing are made by informing the EI BOA panel members verbally. Should the panel members refuse to accept the withdrawal, the hearing will proceed, and the panel will issue a decision.

If an appeal (or a specific issue) is withdrawn:

• The file is closed for the issue withdrawn
• No decision is made on the issue that is withdrawn
• Service Canada’s reconsideration decision stays in effect for the withdrawn issue
• The appeal or withdrawn issue cannot be reopened or appealed to the Social Security Tribunal-Appeal Division

Concessions in Appeals

The Canada Employment Insurance Commission (CEIC) may determine that its reconsideration decision under appeal is incorrect after receiving new facts, or an error was discovered in the reconsideration decision. When this occurs, the CEIC may concede the appeal, which means it recommends to the Employment Insurance Board of Appeal (EI BOA) that the appellant’s appeal be granted.