‘Leave to appeal’ process eliminated for second-level EI appeals
Patty Hajdu, minister of jobs and families and minister responsible for the Federal Economic Development Agency for Northern Ontario, has announced that the new EI Board of Appeal (EI BOA) will start accepting and hearing appeals on Apr. 1.
The EI BOA will cover first-level employment insurance (EI) appeals relating to regular, sickness, maternity, parental, caregiving, and fishing benefits, as well as benefits for the self-employed.
Meanwhile, the Social Security Tribunal (SST) will continue hearing and determining appeals received before Mar. 31. During this transition period, the EI BOA and the SST will operate in parallel to ensure smooth proceedings after the new body’s launch.
“The world of work is changing and bringing new challenges, and workers and businesses are part of the solution,” Hajdu said in a news release from Employment and Social Development Canada (ESDC). “With the launch of the EI BOA, appeal decisions are being put back into the hands of employers and workers who support our communities day in and day out.”
The EI BOA will offer the clients’ choice of hearing format and deliver decisions on the same day, except in specific circumstances. The EI BOA responds to calls to resume tripartite decision-making panels for first-level EI appeals, as they existed before the SST.
“For nearly a decade, unions have pushed to restore a tripartite, first-level EI appeal process to rebuild confidence in the system,” said Bea Bruske, president of the Canadian Labour Congress, in the news release. “The new government’s move to implement the EI Board of Appeal is a necessary and long-awaited step toward delivering that fairness.”
“The Canadian Chamber of Commerce welcomes the return to a tripartite model that brings employer and worker perspectives directly into decision-making,” added Candace Laing, president and chief executive officer of the Canadian Chamber of Commerce. “This approach will help ensure that appeals are not only fair and impartial but also grounded in the economic realities facing businesses and communities across Canada.”
The news release noted that the EI BOA aims to ensure that the EI appeals process hears the voices of workers and employers alike and timely reaches decisions via an effective mechanism.
Structure of new body
The governor in council will appoint the EI BOA’s executive head and four regional coordinators as full-time members. The governor in council will also appoint presiding members as part-time members.
As additional part-time members, the Canada Employment Insurance Commission will appoint members from employer and worker communities.
A regionally based panel – comprising a presiding member and one member each from the employer and worker communities – will hear first-level EI appeals, previously heard by the SST’s General Division.
Through regional representation, a panel can consider the realities of local communities in its decisions.
“We are particularly encouraged by the focus on regional representation and more timely decisions, which will provide greater certainty for employers and employees alike,” Laing said in ESDC’s news release.
Leave to appeal removed
Another change will eliminate the “leave to appeal” requirement for second-level EI appeals.
Prior to this change, those alleging an error by the SST General Division at the first appeal level could ask the Appeal Division to consider the matter only after obtaining an Appeal Division member’s permission.
The news release noted that this change seeks to promote access to justice and make the appeal process more client-centric.
Context of changes
The SST commenced operations on Apr. 1, 2013. In 2019, the Canadian government announced reforms to the SST, including replacing its General Division with the EI BOA.
From 2019–22, the federal government consulted with Canadians, employer groups, labour groups, and other stakeholders across the country to design the EI BOA.
The ESDC’s backgrounder provided more information regarding the EI BOA.
