Process of appealing to the Board of Referees

The first level of appeal is before the Board of Referees.  Composed of representatives from labour, business and the community, the Board is an impartial body working independent of the Employment Insurance Commission.  They will hear the facts of the case and listen to all points of view before making their decision in private after the hearing.

There are certain timelines that must be followed when filing for appeal. For advice or representation in your appeal, be sure to contact the CUHC or your local Help Centre. For quick reference, we have outlined the typical procedure for people appealing on their own.

• Step 1: Inform your local E.I. office in writing that you want to appeal. You must do this within 30 days of receiving your original Notice of Decision.  The E.I. Commission asks that you state the reason for appeal in this letter.  You can download a standard appeal form from the Service Canada website or pick one up from any Service Canada office.
  

• Step 2: You will receive a letter from E.I. stating that it has received your notice of appeal, and telling you which sections of the Employment Insurance Act or Regulations are involved.  You will also be asked to return a form asking whether you will be attending the hearing and whether anyone will be representing you.


• Step 3: Next, you will receive a notice of hearing from the Board of Referees and a copy of your appeal docket. The appeal docket is a package of information containing all of the relevant information from your file and written arguments from the Commission. You should receive these items approximately 7 to 10 days prior to your scheduled hearing date. Your hearing should be scheduled within 30 days of the date they received your written notice of appeal. Once you know the case against you, you can start to construct a counter-argument.  To do this, it’s a good idea to consult the E.I. Act and Regulations, previous case decisions or CUBs, and the Guidelines used by the Board of Referees to make decisions.
  

• Step 4: On the day of your appeal it is important to be punctual.  The Board may not wait for your arrival to begin the hearing.  You may attend your hearing either in person or by telephone.  Your employer also has the right to attend the hearing and may use this opportunity to present a case against you.  As such, it is important that you are present to give your side of the story.  If there is additional evidence provided at the hearing, you have the right to request an adjournment in order to review this material.  Keep in mind that your side of the story may be different from that of your employer. However, if the evidence given by you and your employer is equally balanced then the Commission must give you the benefit of the doubt under Section 49(2) of the Employment Insurance Act.

• Step 5: The Board will not give an immediate decision on your appeal.  However, you will receive a written decision between 7 and 10 days after the hearing. If you disagree with the Board's decision, you have the right to appeal to the Umpire, generally a federal court judge, that will be appointed to hear your case.  If the Board of Referees decides in your favour, the Commission and your employer similarly have the right to appeal decisions of the Board of Referees .to the Umpire.

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