Employment Insurance appeal process at a glance
Make sure you’re in the right place
If you have a decision from the Employment Insurance Board of Appeal or the SST’s General Division and you don’t agree with it, you can appeal to the SST Appeal Division.
If any of the following situations apply to you, the SST can’t help you:
You agree that you owe money to EI
You want a payment plan or want the amount reduced or forgiven for financial hardship reasons:
- Contact the Canada Revenue Agency opens a new window
You want the amount forgiven for other reasons:
- Write to your Service Canada Centre opens a new window
See section 56 of the Employment Insurance Regulations opens a new window.
You want to apply for EI benefits
Apply to Service Canada on the Employment Insurance benefits section of Canada.ca opens a new window.
You want to appeal a reconsideration decision from Service Canada
If you disagree with your reconsideration decision, you can appeal to the Employment Insurance Board of Appeal opens a new window.
You have a complaint about the way Service Canada treated you
Contact Service Canada’s Office for Client Satisfaction opens a new window.
Your Employment Insurance (EI) appeal at a glance
Text version
- Service Canada makes a decision about your EI claim that you don't like
- You ask Service Canada to reconsider
- They don’t change their decision and you decide to appeal
- Appeal to the Employment Insurance (EI) Board of Appeal
- You appeal your reconsideration decision to the EI Board of Appeal
- You get your decision from the EI Board of Appeal and you don’t agree with it
- You (and any other parties) have 30 days from the time you got your EI Board of Appeal decision to appeal to the SST’s Appeal Division
- Appeal to the Appeal Division
- We assign your appeal to an Appeal Division member (decision-maker)
- We'll send you a letter explaining the next steps and setting the deadlines for filing arguments (usually 30 days)
- The member may offer to try to resolve your appeal without a hearing (Alternative Dispute Resolution)
- You have your hearing at the Appeal Division
- The member decides in your favour and corrects the mistakes made by the EI Board of Appeal
- You wait for Canada Employment Insurance Commission (CEIC) to do what the decision says
- The member decides in your favour and sends your appeal back to the EI Board of Appeal to re-decide
- The EI Board of Appeal will open a new file to re-decide your appeal
- You don't get the decision you want but you accept it
- Nothing else to do
- You think the decision is wrong and you want to ask a court to review it
- The member decides in your favour and corrects the mistakes made by the EI Board of Appeal
- Ask the court for judicial review
- You (and any other parties) can apply to either the Federal Court or the Federal Court of Appeal depending on the decision you want reviewed – you have 30 days to apply
Appealing to the Social Security Tribunal (SST) Appeal Division
You need a decision from the Employment Insurance (EI) Board of Appeal opens a new window or the SST’s General Division before you can appeal to the SST’s Appeal Division.
If you disagree with the decision, you can appeal to the Appeal Division at the SST.
You can get help with your appeal if you need it.
How to appeal
Fill out and send us the Notice of Appeal to the Appeal Division form to start your appeal. Include your reasons for appealing.
We must receive your appeal within 30 days after you receive the decision from the EI Board of Appeal.
After you start your appeal
We send you a letter telling you that we received your appeal.
If you’re appealing an EI Board of Appeal decision, we’ll let them know. We send appeal documents to you, the Canada Employment Insurance Commission (CEIC) and any other parties.
We assign your appeal to an Appeal Division member. We’ll send you a letter explaining the next steps and the deadline for sending us your arguments.
Preparing for your hearing
We’ll send you a Notice of Hearing with the date and time and the type of hearing (in person, over the phone, videoconferencing).
You can ask to change the date of your hearing.
Find out what a hearing is like: How long, who will be there, breaks, and more.
A hearing can also take place in writing. We’ll tell you if this is going to happen.
Getting your decision
You’ll usually get your final decision within 3 months after the last filing deadline, and within 60 days after your hearing.
We’ll send you the decision. If you have a representative, they’ll get it too.
If you disagree with the Appeal Division decision, you can ask a court for a judicial review.