Backgrounder: Launch of the Employment Insurance Board of Appeal
Backgrounder
On April 1, 2026, the new Employment Insurance (EI) Board of Appeal will begin to hear and decide on all first-level EI appeals, except constitutional challenges. The creation of the EI Board of Appeal for first-level EI appeals is a significant reform to the EI recourse process.
Changes to the EI appeal process
Prior to the introduction of the EI Board of Appeal, clients could appeal a decision on their EI case through a two-stage appeal process:
- First Level of Appeal to the Social Security Tribunal (SST) General Division, where the General Division provides an impartial quasi-judicial process, hears appeals for the first time, weighs the evidence submitted and comes to their own independent decision.
- Second Level of Appeal to the SST Appeal Division, where the Appeal Division provides an impartial quasi-judicial process and determines whether the General Division made errors on limited grounds of appeal. Challenges to Appeal Division decisions are determined by the Federal Court or the Federal Court of Appeal. Federal Court of Appeal decisions can also be challenged to the Supreme Court of Canada.
The EI Board of Appeal will replace the SST General Division for first-level EI appeals (except for constitutional challenges).
Tripartite decision-making panels
During a 2017 third-party review of the SST and subsequent consultations, stakeholders expressed a strong desire to return to regionally based tripartite decision-making panels for first-level EI appeals, similar to what had previously existed under the EI Board of Referees. This tripartite model ensures that appeal decisions are made by panels comprised of a presiding member appointed by the Governor in Council, and one member each appointed from employer and worker communities.
The model also includes regional representation to ensure that appeal decisions are made by a panel of individuals with ties to the same region as the client, taking the reality of local communities into account. It also provides clients with timelier, same-day decisions and with their choice of hearing format, except under prescribed circumstances.
Structure
The EI Board of Appeal is structured as follows.
- Full-time members:
- One Executive Head
- Four regional coordinators
- Part-time members:
- Presiding members (appointed by the Governor in Council)
- Members appointed by the Canada Employment Insurance Commission from employer communities
- Members appointed by the Canada Employment Insurance Commission from worker communities.
The Executive Head is appointed by the Governor in Council. This leadership position for the EI Board of Appeal is responsible for the performance and management of regional coordinators, members and appeals. The Executive Head reports on the performance of the Board of Appeal to the Canada Employment Insurance Commission.
The regional coordinators are also appointed by the Governor in Council, and assist the Executive Head with management and administrative duties. They are empowered to render some decisions for the efficient processing of appeals. Only tripartite panels of part-time members are able to hear appeals and determine questions of law and facts in respect of them.
The EI Board of Appeal will begin to accept and hear appeals on April 1, 2026. The SST will hear and decide appeals received before March 31, 2026.
To ensure smooth operations following the launch of the EI Board of Appeal, there will be a transition period during which the new Board of Appeal and the SST will run in parallel.