Employment Insurance Board of Appeal Regulations

Employment Insurance Board of Appeal Regulations The Canada Employment Insurance Commission makes the annexed Employment Insurance Board of Appeal Regulations under section 68.2a of the Department of Employment and Social Development Actb and paragraph 114(2)(b)c of the Employment Insurance Actd. S.C. 2023, c. 26, s. 654 S.C. 2005, c. 34; S.C. 2013, c. 40, s. 205 S.C. 2012, c. 19, s. 247 S.C. 1996, c. 23 Ottawa, February 21, 2025 Her Excellency the Governor General in Council, on the recommendation of the Minister of Employment and Social Development, under section 68.2a of the Department of Employment and Social Development Actb and paragraph 114(2)(b)c of the Employment Insurance Actd, approves the annexed Employment Insurance Board of Appeal Regulations made by the Canada Employment Insurance Commission. Definitions The following definitions apply in these Regulations. Act means the Department of Employment and Social Development Act. (Loi) appellant means any person who is the subject of a reconsideration decision of the Commission, or the employer of the claimant who is the subject of such a decision, who appeals that decision under section 113 of the Employment Insurance Act. (appelant) claimant has the same meaning as in subsection 2(1) of the Employment Insurance Act. (prestataire) employer has the same meaning as in subsection 2(1) of the Employment Insurance Act. (employeur) party means an appellant, the Commission or any person added to the appeal under section 16. (partie) reconsideration decision means a decision made by the Commission under section 112 of the Employment Insurance Act, including a decision in relation to further time to make a reconsideration request. (décision de révision) General principle These Regulations must be interpreted and applied in a manner that ensures that the appeal process is as simple and efficient as the principles of natural justice allow. Application These Regulations apply to appeals made under section 113 of the Employment Insurance Act. Matters not covered by Regulations The procedure applicable to any matter that arises in the context of an appeal that is not covered by these Regulations must be determined by the Board of Appeal by analogy to these Regulations, to the extent that the principles of natural justice allow. Participation of parties in appeal process Parties are required to comply with the Board of Appeal’s directions, to respect its deadlines and to communicate with it as required. Communications Unless otherwise specified in these Regulations, communications between the Board of Appeal and parties, other than the filing of documents, can be done by mail, courier, telephone or electronic means. Contact information on file The Board of Appeal must use the contact information in the appeal record when it contacts or sends documents to a party. Changes to contact information Parties must notify the Board of Appeal of any changes to their contact information as soon as feasible. Failure to contact party To the extent that the principles of natural justice allow, the Board of Appeal may continue the appeal process without providing further notice to a party if it fails to contact them using the contact information provided. Language of appeal An appellant must choose to have the appeal heard in English or French, and any other party may participate in the appeal in the official language of their choice. Interpretation services The Board of Appeal must provide, to the extent possible, interpretation services for a hearing if requested by a party. Request A party who makes such a request must do so in writing as soon as feasible. External interpretation services A party may be accompanied, at their own expense, by their own interpreter. Accommodation measures A party who has made a request for accommodation must, to the extent possible, be accommodated by the Board of Appeal so that they may fully participate in the appeal. Reimbursement and compensation For the purposes of section 43.15 of the Act, any party other than the Commission may be reimbursed for their expenses or receive an allowance under that section if the party must travel in excess of 100 km from the postal address in the appeal record to reach the hearing location; and a request is made by the party in writing and is approved by the Executive Head of the Board of Appeal before the hearing date. Members assigned to regions For the purposes of subsection 43.04(5) of the Act, the regions to which members of the Board of Appeal are to be assigned are those that are listed in column 2 of the schedule to these Regulations. Quorum The quorum of a panel referred to in subsection 43.05(1) of the Act is two members, one of whom is the presiding member. Absence of member A hearing may take place in the absence of a member of the panel who becomes unable to act if the quorum is maintained and if consent is provided by the appellant and any person added to the appeal under section 16. Casting vote The presiding member has a casting vote in a decision made in the circumstances described in subsection (2). Notice of appeal To appeal a reconsideration decision, an appellant may file a notice of appeal with the Board of Appeal in person, at a Service Canada office; by mail or courier, using the postal address set out on the Board of Appeal’s website; or electronically, using the electronic filing procedure set out on the Board of Appeal’s website. Claimant A notice of appeal filed by a claimant must include their full name, postal address and, if applicable, telephone number and email address; and their social insurance number or the identifying number indicated on the reconsideration decision being appealed. Employer A notice of appeal filed by an employer must include the full name, postal address and, if applicable, telephone number and email address of the contact person for their business; the business name; the business number assigned to them by the Canada Revenue Agency; and the identifying number indicated on the reconsideration decision being appealed. Presumed date of filing notice of appeal A notice of appeal is presumed to be filed if filed in person, on the date indicated by the date received stamp applied to the document by Service Canada; if filed by ordinary mail, on the date indicated by the date received stamp applied to the document by the Board of Appeal; if filed by registered mail or courier, on the date recorded on the delivery confirmation receipt; or if filed electronically, on the date and at the time indicated by the Board of Appeal’s electronic system. Confirming receipt of the notice of appeal The Board of Appeal must notify the appellant as soon as feasible after it receives their notice of appeal. Notifying the Commission The Board of Appeal must notify the Commission as soon as feasible after receiving a notice of appeal. Documents to be filed by Commission Within seven business days after the day on which the Commission is notified of the notice of appeal, or within any additional time granted by the Board of Appeal, the Commission must file the following with the Board of Appeal: a copy of the request for reconsideration made under section 112 of the Employment Insurance Act; a copy of the reconsideration decision being appealed; a document that sets out its arguments, if any; and all other relevant documents in its possession. Added parties When a notice of appeal is received by the Board of Appeal, it must add the following persons to the appeal and notify them: any claimant who has a direct interest in the reconsideration decision, if the appellant is an employer; and any employer, if they were notified by the Commission of the reconsideration decision being appealed. Other parties The Board of Appeal may, on its own initiative or on request, add any other employer to an appeal. Late appeal An appellant who files a notice of appeal after the period prescribed in subsection 43.11(1) of the Act must provide reasons for the late notice. Additional information The regional coordinator of the Board of Appeal may ask the appellant to provide any additional information about their notice of appeal. If a notice of appeal filed under subsection (1) is accepted, the Board of Appeal must add the persons referred to in subsection 16(1) to the appeal; may add an employer referred to in subsection 16(2) to the appeal; and must notify any person who is added to the appeal. Joining appeals The Board of Appeal may join two or more appeals together if the appeals raise a common question; and joining the appeals is not unfair to the parties. Single notice of appeal A single notice of appeal may be filed on behalf of a group of appellants if the appeal involves a common question that the Commission has dealt with in a reconsideration decision that has been made with respect to each of the appellants. Content The notice of appeal must indicate a single reconsideration decision to be the subject of the appeal, the outcome of which will be binding on all parties; indicate the representative of the group of appellants; and be accompanied by a document that contains each appellant’s full name, social insurance number and identification number of their reconsideration decision, and each appellant’s signed consent to be part of the group. Written arguments Any party who wishes to file written arguments with the Board of Appeal must do so before the scheduled hearing date. Late filing of evidence The Board of Appeal must not consider any evidence filed after the hearing unless it requests that the evidence be filed; or a party requests it at the hearing and the Board of Appeal accepts that request and sets a date for the filing of the evidence. Information from Commission At any time before the Board of Appeal gives a decision on the appeal, the panel may seek additional information relevant to the appeal from the Commission. How to file documents A party who files any document with the Board of Appeal that is required to be filed under the Act, other than a notice of appeal, or any document in support of their position must do so Presumed date of filing Any document filed with the Board of Appeal under subsection (1) is presumed to be filed if filed by registered mail or courier, on the date recorded on the delivery confirmation receipt; and Filing and sending documents The Board of Appeal must add any document filed with it by a party to the appeal record and send a copy of it to the other parties to the appeal as soon as feasible unless it is a duplicate of a document previously filed and sent. Presumed date of reception of documents A party is presumed to have received any document sent by the Board of Appeal under subsection (1) if the document is sent by ordinary mail, on the 10th day after the day on which it is mailed; sent by registered mail or courier, on the date recorded on the delivery confirmation receipt; or sent electronically, on the business day following the day on which the document was sent. Electronic documents Any electronic document filed with or produced by the Board of Appeal is considered to be the original version of the document. Making, providing and certifying copies The Board of Appeal may, with regard to any document that is filed with it, do any of the following: make an electronic copy that becomes the original document; provide an electronic copy; certify an electronic copy as a true copy. Documents not in English or French A party who files a document with the Board of Appeal that is not in English or French must have the document translated into English or French; and file the translated document with the original document. Information to be filed with the translation The following information must be filed with the translated document: the translator’s full name, postal address and, if applicable, their telephone number and email address; and a statement from the translator that the translation is accurate. Request for translation of documents If the Commission files a document with the Board of Appeal that is not in a party’s chosen language for the appeal and that did not originate from that party, that party may request the Board of Appeal to provide them with a translation of the document in that language. Commission to file translated documents After a request is made under subsection (1), the Commission must have the document translated and file the translated document with the Board of Appeal. Notice of hearing The Board of Appeal must send a notice of hearing to all the parties if a notice of appeal is filed within the period prescribed in subsection 43.11(1) of the Act, as soon as feasible after receiving the documents referred to in section 15; and if a notice of appeal is filed after that period and if the Board of Appeal decides to hear the appeal, as soon as feasible after making that decision. Region of appellant for hearing For the purposes of subsection 43.16(1) of the Act, an appeal is to be heard in the most suitable region listed in column 2 of the schedule to these Regulations, based on the appellant’s postal address in the appeal record. Other region for hearing However, the Executive Head of the Board of Appeal may authorize that an appeal be heard in a region other than the region referred to in subsection (1) in any of the following circumstances: the appeal would not be heard in a timely manner if heard in the region referred to in subsection (1); hearing the appeal in a different region would facilitate travel of the parties; there is no panel available to hear the appeal in the region referred to in subsection (1); the appeal deals with a common question that involves appellants who are located, based on their postal addresses in the appeal record, in different regions; the appellant requests it; circumstances other than those included in paragraphs (a) to (e) require the appeal to be heard in a different region to ensure the operational efficiency of the Board of Appeal. Format of hearing For the purposes of subsection 43.16(2) of the Act, an appeal is to be heard as follows: if the appellant requests that the hearing be held in person, the appellant is to be heard in person by the panel, the other parties may attend in person, at their own expense, participate by videoconference or teleconference, or elect not to attend; and if the appellant requests that the hearing be held by videoconference or teleconference, does not wish to attend or be present at the hearing or fails to select a preferred hearing format and cannot be reached in this respect, the parties may elect not to attend. Special circumstances Despite subsection (1), if the Board of Appeal determines that an in-person hearing would raise security or health concerns that cannot be prevented or mitigated or would be impractical for operational reasons, the Executive Head of the Board of Appeal may change the format of the hearing and the parties may participate by videoconference or by teleconference; or Absence of party The Board of Appeal may decide to hold a hearing in the absence of a party who was duly notified of the date, time and format of the hearing and who, without prior notice, fails to appear. No hearing If the Commission and the appellant are the only parties to the appeal and the Commission concedes the appeal, the Board of Appeal may give a decision based on the appeal record without holding a hearing. Private hearing For the purposes of subsection 43.16(3) of the Act, the Board of Appeal may, on its own initiative or on request, hold all or part of a hearing in private if it determines that there are no alternative measures that can prevent or mitigate any of the following serious risks that could result from a public hearing: a serious risk that the disclosure of personal information, such as medical information, would cause undue hardship to a person that outweighs the societal interest that the hearing and appeal record be public; a serious risk to the life, liberty or security of a person; a serious risk to the fairness of the proceeding that outweighs the societal interest that the hearing and appeal record be public; or a serious risk to public security. Exclusion of persons from a hearing The presiding member may exclude any person from a hearing during which oral evidence concerning a circumstance of sexual or other harassment will be given. Recording made available Any party who chooses to participate in the hearing and who is excluded under subsection (1) must be provided with a copy of the audio recording of oral evidence given at the hearing and an opportunity to respond to the evidence. Postponing hearing A party may, as soon as feasible before the scheduled hearing date, request that the Board of Appeal postpone the hearing. New hearing date The Board of Appeal may grant a request made under subsection (1) and set a new hearing date without asking the other parties to present arguments, unless the principles of natural justice require it. Subsequent request If the Board of Appeal grants a party’s first request under subsection (1), it may not grant a further request by the same party unless it is filed at least five business days before the new hearing date; and justified by exceptional circumstances. Suspension of appeal The Board of Appeal may suspend an appeal if one or more proceedings are ongoing before the Board of Appeal or another tribunal that raise issues that are similar to those under appeal or that may have a direct impact on the appeal; or it is required by the principles of natural justice. Lifting suspension The Board of Appeal must lift the suspension if the reasons for the suspension set out in subsection (1) no longer exist. Abandonment of appeal If the Board of Appeal determines that an appeal has been abandoned under subsection 43.19(1) of the Act, it must inform the parties and end all proceedings. Application to reopen appeal following abandonment An appellant who files an application to reopen an appeal under subsection 43.19(2) of the Act must include their full name, postal address and, if applicable, telephone number and email address; their social insurance number or the identifying number indicated on the reconsideration decision being appealed or, if the appellant is an employer, the business number assigned to them by the Canada Revenue Agency; and the reasons for their failure to communicate with the Board of Appeal. Withdrawing appeal An appellant may withdraw their appeal by notifying the Board of Appeal in writing, anytime before the hearing; or orally, anytime during the hearing. Consideration of withdrawal When the Board of Appeal gives a decision under subsection 43.13(1) of the Act, it must take into account a notice of withdrawal filed under paragraph (1)(b). Decision made The Board of Appeal must give a decision under subsection 43.13(1) of the Act on the day that the hearing concludes. Majority decision For a decision to be made, a majority of the panel members who heard the appeal must agree and this majority can be obtained by any combination of the panel members. Dissenting opinion The decision must include any dissenting opinion and the reasons for it. Signing of decision The decision must contain the written or electronic signature of each panel member who heard the appeal. Extension of time to give decision For the purposes of section 43.14 of the Act, the Executive Head of the Board of Appeal may extend the time limit set out in subsection (1) for the following special reasons: to respect the principles of natural justice; to consider evidence filed under section 21; or to allow the proceeding to occur as simply and efficiently as the circumstances and the principles of natural justice allow. [Amendments] S.C. 2023, c. 26 Subject to subsection (2), these Regulations come into force on the day on which section 634 of the Budget Implementation Act, 2023, No. 1 comes into force, but if these Regulations are registered after that day, they come into force on the day on which they are registered. Sections 39 and 41 come into force on the day on which section 635 of the Budget Implementation Act, 2023, No. 1 comes into force. [Note: Regulations, except sections 39 and 41, in force April 1, 2026, see SI/2026-4.] Barrie Hamilton Kitchener Oshawa Ottawa Sudbury Thunder Bay Toronto Windsor Chicoutimi Gaspé Montréal Québec Rouyn-Noranda Sherbrooke Trois-Rivières Halifax New Glasgow Sydney Yarmouth Bathurst Fredericton Moncton Saint John Brandon Winnipeg Kamloops Kelowna Prince George Vancouver Victoria Charlottetown Regina Saskatoon Calgary Edmonton Lethbridge Corner Brook St. John’s