Social Security Tribunal of Canada

Employment Insurance appeal process at a glance

You got your Employment Insurance (EI) decision from Service Canada, and you don’t agree with it. What now? This page provides an overview of the appeal process. 

Make sure you’re in the right place 

checkmark If you got your Employment Insurance (EI) decision from Service Canada and you don’t agree with it, you can appeal to the SST

xmarkIf 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:

You want the amount forgiven for other reasons:

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 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

Infographic - Your Employment Insurance (EI) appeal at a glance - Text version follows.

 

Text version
  1. 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 want to appeal
    • You have 30 days to appeal from the time you got your reconsideration decision
  2. Appeal to the General Division

    • We assign your appeal to a General Division member (decision-maker)
    • You have your hearing at the General Division
      • You get the decision you want
        • You wait for Canada Employment Insurance Commission (CEIC) to do what the decision says
      • You don't get the decision you want but you accept it
        • Nothing else to do
      • You're unhappy with your decision and you want to appeal it
        • You (and any other parties) have 30 days to ask for permission to appeal at the SST’s Appeal Division
  3. Appeal to the Appeal Division

    • We assign your appeal to an Appeal Division member (decision-maker)
      • You get permission to appeal
        • You have 45 days to send us your arguments
          • 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 General Division
            • You wait for CEIC to do what the decision says
          • The member decides in your favour and sends your appeal back to the General Division to re-decide
            • The General Division 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 
  4. 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

 

Printable version

Get a reconsideration decision from Service Canada

You got your Employment Insurance (EI) decision from Service Canada, and you don’t agree with it. What now? 

First, ask Service Canada to reconsider the decision opens a new window. Service Canada acts on behalf of the Canada Employment Insurance Commission (CEIC). Service Canada will review your request and the reasons why you disagree. Service Canada will send you a reconsideration decision.

You need a reconsideration decision before you can appeal to the Social Security Tribunal (SST).  

Appealing to the Social Security Tribunal (SST)

If you disagree with your reconsideration decision, you can appeal to the SST. We have 2 levels of appeal at the SST. The General Division (first level of appeal) and the Appeal Division (second level of appeal). 

You can get help with your appeal if you need it. 

General Division (first level of appeal): Appeal a reconsideration decision from Service Canada

If you disagree with Service Canada’s reconsideration decision, you can appeal to the General Division. The General Division is the first level in the SST’s appeal process.

How to appeal

We must receive your appeal within 30 days after you receive the reconsideration decision.

Think about these things while preparing your appeal:

Fill out and send in the Notice of Appeal – Employment Insurance – General Division form to start your appeal.  

After you start your appeal

We send you a letter to tell you that we received your appeal.

We let the Canada Employment Insurance Commission (CEIC) know that you’re appealing.

We send all the documents to you, the CEIC and any added parties.

We assign your appeal to a General Division member (decision-maker).

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 formal, 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.

Learn more about how to prepare for your hearing

Getting your decision

After your hearing, we'll usually send you the decision in writing within 15 days.

If you have a representative, they’ll get it too.

Appeal Division (second level of appeal): Appeal a General Division decision

You can ask for permission to appeal to the Appeal Division if you disagree with the decision of the General Division. You can only win your appeal if you can show that the General Division member made a specific kind of mistake.

How to appeal

Make sure that you give your reasons for appealing. You have to explain clearly how the General Division made a mistake.  

Fill out and send us the Application to the Appeal Division – Employment Insurance form to start your appeal.

You have 30 days to send us the form if you’re asking for permission to appeal a General Division decision.

After you start your appeal

We send you a letter telling you that we received your appeal.

We tell the CEIC that you’re appealing and we send the documents to you, the CEIC and any added parties.

We assign your appeal to an Appeal Division member (Appeal Division members are different from General Division members).

The member decides whether you have an argument that could possibly succeed. If so, the member will give you permission to appeal.

In some cases, the member suggests alternative dispute resolution (this could be suggested earlier in the process too).

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 formal, 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.

Learn more about how to prepare for your hearing.

Getting your decision

You’ll usually get: 

  • your permission to appeal decision within 45 days after you applied
  • your final decision within 5 months of permission to appeal being given 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

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