Reconsideration of Employment Insurance Decisions (8:XII) - Revision history

LSLAP at 19:09, 13 October 2025

2025-10-13T19:09:11Z

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LSLAP: /* 1. Insurability Decisions */

2025-09-21T21:14:32Z

1. Insurability Decisions

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	Certain decisions concerning “insurable employment” must be appealed to the CRA or the Minister of National Revenue. These appeals can be found in s. 90(1) of the ''EI Act''.		Certain decisions concerning “insurable employment” must be appealed to the CRA or the Minister of National Revenue. These appeals can be found in s. 90(1) of the ''EI Act''.

	For an example of the appeal process, consult [https://www.canlii.org/en/ca/tcc/doc/2005/2005tcc502/2005tcc502.html?resultIndex=1 ''McPhee v Minister of National Revenue'', 2005 TCC 502]. In deciding whether the claimant was an employee or an independent contractor, the court allowed a consideration of the parties’ intentions.

	It is crucial to analyze the dispute and file the correct type of appeal. In doubtful cases, it can be wise to do both – file an appeal and ask the CRA for a ruling.		It is crucial to analyze the dispute and file the correct type of appeal. In doubtful cases, it can be wise to do both – file an appeal and ask the CRA for a ruling.

LSLAP at 12:54, 8 August 2024

2024-08-08T12:54:27Z

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Clicklaw Editor at 19:09, 29 August 2023

2023-08-29T19:09:26Z

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	The Commission will not provide a copy of the claimant’s EI file when a Request for Reconsideration is submitted. Instead, the claimant must make a request for their file under the ''Privacy Act''. This can be done in one of the following ways:		The Commission will not provide a copy of the claimant’s EI file when a Request for Reconsideration is submitted. Instead, the claimant must make a request for their file under the ''Privacy Act''. This can be done in one of the following ways:

	By mail: http://www.tbs-sct.gc.ca/tbsf-fsct/350-58-eng.asp		:By mail: http://www.tbs-sct.gc.ca/tbsf-fsct/350-58-eng.asp<BR>
	Online: https://atip-aiprp.apps.gc.ca/atip/welcome.do		:Online: https://atip-aiprp.apps.gc.ca/atip/welcome.do

	Obtaining a copy of the claimant's file may be the only way to see material submitted by the employer, which will be especially important in cases where misconduct or just cause for leaving employment is the subject of the appeal.		Obtaining a copy of the claimant's file may be the only way to see material submitted by the employer, which will be especially important in cases where misconduct or just cause for leaving employment is the subject of the appeal.

Clicklaw Editor at 19:08, 29 August 2023

2023-08-29T19:08:40Z

LSLAP at 22:32, 23 August 2023

2023-08-23T22:32:36Z

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	Before appealing to the Social Security Tribunal, a claimant must first submit a Request for Reconsideration to the EI Commission within 30 days. Upon receipt of a Request for Reconsideration, a Service Canada employee, other than the one who made the original decision, will review your case, including any new information provided in the Request. The Service Canada employee will also conduct any additional investigation that may be required, including clarifying the circumstances, and obtaining relevant documents related to the employment. The Service Canada employee will use this information to make the EI Commission’s final decision on the claimant’s claim.

	:The Request for Reconsideration form can be found at the following link:		Before appealing to the Social Security Tribunal, a claimant must first submit a Request for Reconsideration to the ''EI Commission'' within 30 days. Upon receipt of a Request for Reconsideration, a Service Canada employee, other than the one who made the original decision, will review your case, including any new information provided in the Request. The Service Canada employee will also conduct any additional investigation that may be required, including clarifying the circumstances, and obtaining relevant documents related to the employment. The Service Canada employee will use this information to make the EI Commission’s final decision on the claimant’s claim.
	~~:http~~://~~www~~.servicecanada.gc.ca/~~eforms~~/~~forms~~/sc-~~ins5210%282014-04-007%29e~~.~~pdf~~

			The Request for Reconsideration form can be found at the following link: https://catalogue.servicecanada.gc.ca/content/EForms/en/Detail.html?Form=INS5210.


			This request must be submitted to Service Canada within '''30 days''' of the date the decision was communicated to the claimant. If the 30-day period has passed, a claimant may still submit a request for reconsideration with an explanation for the delay. The EI Commission will consider the reasons for the delay and decide whether to allow the request. This process is '''free of charge'''.

	This request must be submitted to Service Canada within '''30 days''' after the date the decision was communicated to the claimant. If the 30-day period has passed, a claimant may still submit a request for reconsideration with an explanation for the delay. The EI Commission will consider the reasons for the delay and decide whether to allow the request. This process is '''free'''.

	The Commission will not provide a copy of the claimant’s EI file when a Request for Reconsideration is submitted. Instead, the claimant must make a request for their file under the ''Privacy Act''. This can be done in one of the following ways:		The Commission will not provide a copy of the claimant’s EI file when a Request for Reconsideration is submitted. Instead, the claimant must make a request for their file under the ''Privacy Act''. This can be done in one of the following ways:

	:By mail: http://www.tbs-sct.gc.ca/tbsf-fsct/350-58-eng.asp		By mail: http://www.tbs-sct.gc.ca/tbsf-fsct/350-58-eng.asp
	:Online: https://atip-aiprp.apps.gc.ca/atip/welcome.do		Online: https://atip-aiprp.apps.gc.ca/atip/welcome.do


	Obtaining a copy of the claimant's file may be the only way to see material submitted by the employer, which will be especially important in cases where misconduct or just cause for leaving employment is the subject of the appeal.		Obtaining a copy of the claimant's file may be the only way to see material submitted by the employer, which will be especially important in cases where misconduct or just cause for leaving employment is the subject of the appeal.

	~~The claimant will be informed in writing of the decision following the Reconsideration. If the decision is unfavourable to the claimant, a Service Canada employee will provide a verbal explanation.~~

	~~== A~~. ~~What can be Reconsidered (and later appealed) ==~~		The claimant will be informed in writing of the decision following the reconsideration. If the decision is unfavourable to the claimant, a Service Canada employee will provide a verbal explanation.


	~~Most decisions of the Commission may~~ be Reconsidered~~. For example, claimants are eligible to request a Reconsideration if the original decision:~~		== A. What can be Reconsidered (and Later Appealed) ==

	*Refused EI benefits;
	*Ordered that EI benefits received be repaid;
	*Issued a warning letter or notice of violation; and/or
	*Imposed a penalty.

	~~== B~~. ~~What cannot be Reconsidered (and later appealed) ==~~		Most decisions of the Commission may be reconsidered. For example, claimants are eligible to request a reconsideration if the original decision:

	The following issues cannot be ~~Reconsidered~~:		* refused EI benefits;

			* ordered that EI benefits received be repaid;

			* issued a warning letter or notice of violation; and/or

			* imposed a penalty.


			== B. What cannot be Reconsidered (and Later Appealed) ==


			The following issues cannot be reconsidered:

			* certain discretionary benefits, such as training courses, employment (training) benefits, and work-sharing, ''EI Act'' ss. 24, 25, and 64;

			* insurability issues, which are subject to a separate decision-making and appeal process that must be appealed to the Minister of National Revenue at the Tax Court. (see Section '''[[Qualifying for Employment Insurance (8:III)\|III.A: Insurable Employment]]''', and ss. 90–105 of the '''EI Act''');

			* decisions concerning the write-off of debt from overpayment or penalty (''EI Act'', s. 112.1)

	*certain discretionary benefits, such as training courses, employment (training) benefits and work-sharing, see above and the ''EI Act'' ss 24, 25, and 64; and
	*insurability issues, which are subject to a separate decision-making and appeal process that must be appealed to the Minister of National Revenue, the Tax Court. (see [[Qualifying for Employment Insurance (8:III)#A. Insurable Employment \| Section III.A: Insurable Employment]], and ss 90–105 of the ''EI Act'').
	*decisions concerning the write-off of debt from overpayment or penalty (''EI Act'', s 112.1)
	*decisions concerning the election between the old and new formula for earnings while on claim (''EI Regulations'' 77.96(8))

	=== 1. Insurability Decisions ===		=== 1. Insurability Decisions ===

	~~Certain decisions concerning “insurable employment” must be appealed to the CRA or the Minister of National Revenue. These appeals can be found in s.90(1) of the ''EI Act''.~~

	For an example of the appeal process, consult ''McPhee v Minister of National Revenue'', 2005 TCC 502. In deciding whether the claimant was an employee or an independent contractor, the court allowed a consideration of the parties’ intentions.		Certain decisions concerning “insurable employment” must be appealed to the CRA or the Minister of National Revenue. These appeals can be found in s. 90(1) of the ''EI Act''.


			For an example of the appeal process, consult [https://www.canlii.org/en/ca/tcc/doc/2005/2005tcc502/2005tcc502.html?resultIndex=1 ''McPhee v Minister of National Revenue'', 2005 TCC 502]. In deciding whether the claimant was an employee or an independent contractor, the court allowed a consideration of the parties’ intentions.


	It is crucial to analyze the dispute and file the correct type of appeal. In doubtful cases, it can be wise to do both – file an appeal and ask the CRA for a ruling.		It is crucial to analyze the dispute and file the correct type of appeal. In doubtful cases, it can be wise to do both – file an appeal and ask the CRA for a ruling.

Clicklaw Editor at 20:50, 13 September 2022

2022-09-13T20:50:01Z

← Older revision		Revision as of 20:50, 13 September 2022
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	This request must be submitted to Service Canada within '''30 days''' after the date the decision was communicated to the claimant. If the 30-day period has passed, a claimant may still submit a request for reconsideration with an explanation for the delay. The EI Commission will consider the reasons for the delay and decide whether to allow the request. This process is '''free'''.		This request must be submitted to Service Canada within '''30 days''' after the date the decision was communicated to the claimant. If the 30-day period has passed, a claimant may still submit a request for reconsideration with an explanation for the delay. The EI Commission will consider the reasons for the delay and decide whether to allow the request. This process is '''free'''.

	The Commission will not provide a copy of the claimant’s EI file when a Request for Reconsideration is submitted. Instead, the claimant must make a request for their file under the Privacy Act. This can be done in one of the following ways:		The Commission will not provide a copy of the claimant’s EI file when a Request for Reconsideration is submitted. Instead, the claimant must make a request for their file under the ''Privacy Act''. This can be done in one of the following ways:

	:By mail: http://www.tbs-sct.gc.ca/tbsf-fsct/350-58-eng.asp		:By mail: http://www.tbs-sct.gc.ca/tbsf-fsct/350-58-eng.asp

Clicklaw Editor at 20:49, 13 September 2022

2022-09-13T20:49:03Z

← Older revision		Revision as of 20:49, 13 September 2022
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	:http://www.servicecanada.gc.ca/eforms/forms/sc-ins5210%282014-04-007%29e.pdf		:http://www.servicecanada.gc.ca/eforms/forms/sc-ins5210%282014-04-007%29e.pdf

	This request must be submitted to Service Canada within 30 days after the date the decision was communicated to the claimant. If the 30-day period has passed, a claimant may still submit a request for reconsideration with an explanation for the delay. The EI Commission will consider the reasons for the delay and decide whether to allow the request. This process is free.		This request must be submitted to Service Canada within '''30 days''' after the date the decision was communicated to the claimant. If the 30-day period has passed, a claimant may still submit a request for reconsideration with an explanation for the delay. The EI Commission will consider the reasons for the delay and decide whether to allow the request. This process is '''free'''.

	The Commission will not provide a copy of the claimant’s EI file when a Request for Reconsideration is submitted. Instead, the claimant must make a request for their file under the Privacy Act. This can be done in one of the following ways:		The Commission will not provide a copy of the claimant’s EI file when a Request for Reconsideration is submitted. Instead, the claimant must make a request for their file under the Privacy Act. This can be done in one of the following ways:

	:~~'''~~By mail:~~'''~~ http://www.tbs-sct.gc.ca/tbsf-fsct/350-58-eng.asp		:By mail: http://www.tbs-sct.gc.ca/tbsf-fsct/350-58-eng.asp
	:~~'''~~Online:~~'''~~ https://atip-aiprp.apps.gc.ca/atip/welcome.do		:Online: https://atip-aiprp.apps.gc.ca/atip/welcome.do

	Obtaining a copy of the claimant's file may be the only way to see material submitted by the employer, which will be especially important in cases where misconduct or just cause for leaving employment is the subject of the appeal.		Obtaining a copy of the claimant's file may be the only way to see material submitted by the employer, which will be especially important in cases where misconduct or just cause for leaving employment is the subject of the appeal.

Clicklaw Editor at 20:47, 13 September 2022

2022-09-13T20:47:16Z

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	It is crucial to analyze the dispute and file the correct type of appeal. In doubtful cases, it can be wise to do both – file an appeal and ask the CRA for a ruling.		It is crucial to analyze the dispute and file the correct type of appeal. In doubtful cases, it can be wise to do both – file an appeal and ask the CRA for a ruling.


	{{LSLAP Manual Navbox\|type=chapters8-14}}		{{LSLAP Manual Navbox\|type=chapters8-14}}

Desy Wahyuni at 23:36, 8 December 2021

2021-12-08T23:36:46Z

← Older revision		Revision as of 23:36, 8 December 2021
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	:'''Online:''' https://atip-aiprp.apps.gc.ca/atip/welcome.do		:'''Online:''' https://atip-aiprp.apps.gc.ca/atip/welcome.do

	Obtaining a copy of the claimant's file may be the only way to see material submitted by the employer, which will be especially important in cases where misconduct or just cause for leaving employment ~~are~~ the subject of the appeal.		Obtaining a copy of the claimant's file may be the only way to see material submitted by the employer, which will be especially important in cases where misconduct or just cause for leaving employment is the subject of the appeal.

	The claimant will be informed in writing of the decision following the Reconsideration. If the decision is unfavourable to the claimant, a Service Canada employee will provide a verbal explanation.		The claimant will be informed in writing of the decision following the Reconsideration. If the decision is unfavourable to the claimant, a Service Canada employee will provide a verbal explanation.
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	The following issues cannot be Reconsidered:		The following issues cannot be Reconsidered:

	*certain discretionary benefits, such as training courses, ~~special~~ employment benefits and work-sharing, see above and the ''EI Act'' ss 24, 25, and 64; and		*certain discretionary benefits, such as training courses, employment (training) benefits and work-sharing, see above and the ''EI Act'' ss 24, 25, and 64; and
	*insurability issues, which are subject to a separate decision-making and appeal process that must be appealed to the Minister of National Revenue, the Tax Court. (see [[Qualifying for Employment Insurance (8:III)#A. Insurable Employment \| Section III.A: Insurable Employment]], and ss 90–105 of the ''EI Act'').		*insurability issues, which are subject to a separate decision-making and appeal process that must be appealed to the Minister of National Revenue, the Tax Court. (see [[Qualifying for Employment Insurance (8:III)#A. Insurable Employment \| Section III.A: Insurable Employment]], and ss 90–105 of the ''EI Act'').
	*decisions concerning the write-off of debt from overpayment or penalty (''EI Act'', s 112.1)		*decisions concerning the write-off of debt from overpayment or penalty (''EI Act'', s 112.1)
	*decisions concerning the election between the old and new ~~pilot project~~ formula for ~~earning~~ while on claim (''EI Regulations'' 77.96(8))		*decisions concerning the election between the old and new formula for earnings while on claim (''EI Regulations'' 77.96(8))

	=== 1. Insurability Decisions ===		=== 1. Insurability Decisions ===

	Certain decisions concerning “insurable employment” must be appealed to the CRA or the Minister of National Revenue. These appeals can be found in s.90(1)		Certain decisions concerning “insurable employment” must be appealed to the CRA or the Minister of National Revenue. These appeals can be found in s.90(1) of the ''EI Act''.

	For an example of the appeal process, consult ''McPhee v Minister of National Revenue'', 2005 TCC 502. In deciding whether the claimant was an employee or an independent contractor, the court allowed a consideration of the parties’ intentions.		For an example of the appeal process, consult ''McPhee v Minister of National Revenue'', 2005 TCC 502. In deciding whether the claimant was an employee or an independent contractor, the court allowed a consideration of the parties’ intentions.

← Older revision		Revision as of 19:08, 29 August 2023
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	{{REVIEWED LSLAP \| date= August 1, 2023}}		{{REVIEWED LSLAP \| date= August 1, 2023}}
	{{LSLAP Manual TOC\|expanded = EI}}		{{LSLAP Manual TOC\|expanded = EI}}


	Before appealing to the Social Security Tribunal, a claimant must first submit a Request for Reconsideration to the ''EI Commission'' within 30 days. Upon receipt of a Request for Reconsideration, a Service Canada employee, other than the one who made the original decision, will review your case, including any new information provided in the Request. The Service Canada employee will also conduct any additional investigation that may be required, including clarifying the circumstances, and obtaining relevant documents related to the employment. The Service Canada employee will use this information to make the EI Commission’s final decision on the claimant’s claim.		Before appealing to the Social Security Tribunal, a claimant must first submit a Request for Reconsideration to the ''EI Commission'' within 30 days. Upon receipt of a Request for Reconsideration, a Service Canada employee, other than the one who made the original decision, will review your case, including any new information provided in the Request. The Service Canada employee will also conduct any additional investigation that may be required, including clarifying the circumstances, and obtaining relevant documents related to the employment. The Service Canada employee will use this information to make the EI Commission’s final decision on the claimant’s claim.


	The Request for Reconsideration form can be found at the following link: https://catalogue.servicecanada.gc.ca/content/EForms/en/Detail.html?Form=INS5210.		The Request for Reconsideration form can be found at the following link: https://catalogue.servicecanada.gc.ca/content/EForms/en/Detail.html?Form=INS5210.


	This request must be submitted to Service Canada within '''30 days''' of the date the decision was communicated to the claimant. If the 30-day period has passed, a claimant may still submit a request for reconsideration with an explanation for the delay. The EI Commission will consider the reasons for the delay and decide whether to allow the request. This process is '''free of charge'''.		This request must be submitted to Service Canada within '''30 days''' of the date the decision was communicated to the claimant. If the 30-day period has passed, a claimant may still submit a request for reconsideration with an explanation for the delay. The EI Commission will consider the reasons for the delay and decide whether to allow the request. This process is '''free of charge'''.


	The Commission will not provide a copy of the claimant’s EI file when a Request for Reconsideration is submitted. Instead, the claimant must make a request for their file under the ''Privacy Act''. This can be done in one of the following ways:		The Commission will not provide a copy of the claimant’s EI file when a Request for Reconsideration is submitted. Instead, the claimant must make a request for their file under the ''Privacy Act''. This can be done in one of the following ways:
Line 16:		Line 12:
	By mail: http://www.tbs-sct.gc.ca/tbsf-fsct/350-58-eng.asp		By mail: http://www.tbs-sct.gc.ca/tbsf-fsct/350-58-eng.asp
	Online: https://atip-aiprp.apps.gc.ca/atip/welcome.do		Online: https://atip-aiprp.apps.gc.ca/atip/welcome.do


	Obtaining a copy of the claimant's file may be the only way to see material submitted by the employer, which will be especially important in cases where misconduct or just cause for leaving employment is the subject of the appeal.		Obtaining a copy of the claimant's file may be the only way to see material submitted by the employer, which will be especially important in cases where misconduct or just cause for leaving employment is the subject of the appeal.


	The claimant will be informed in writing of the decision following the reconsideration. If the decision is unfavourable to the claimant, a Service Canada employee will provide a verbal explanation.		The claimant will be informed in writing of the decision following the reconsideration. If the decision is unfavourable to the claimant, a Service Canada employee will provide a verbal explanation.


	== A. What can be Reconsidered (and Later Appealed) ==		== A. What can be Reconsidered (and Later Appealed) ==


	Most decisions of the Commission may be reconsidered. For example, claimants are eligible to request a reconsideration if the original decision:		Most decisions of the Commission may be reconsidered. For example, claimants are eligible to request a reconsideration if the original decision:

	* refused EI benefits;		* refused EI benefits;

	* ordered that EI benefits received be repaid;		* ordered that EI benefits received be repaid;

	* issued a warning letter or notice of violation; and/or		* issued a warning letter or notice of violation; and/or

	* imposed a penalty.		* imposed a penalty.


	== B. What cannot be Reconsidered (and Later Appealed) ==		== B. What cannot be Reconsidered (and Later Appealed) ==


	The following issues cannot be reconsidered:		The following issues cannot be reconsidered:

	* certain discretionary benefits, such as training courses, employment (training) benefits, and work-sharing, ''EI Act'' ss. 24, 25, and 64;		* certain discretionary benefits, such as training courses, employment (training) benefits, and work-sharing, ''EI Act'' ss. 24, 25, and 64;

	* insurability issues, which are subject to a separate decision-making and appeal process that must be appealed to the Minister of National Revenue at the Tax Court. (see Section '''[[Qualifying for Employment Insurance (8:III)\|III.A: Insurable Employment]]''', and ss. 90–105 of the '''EI Act''');		* insurability issues, which are subject to a separate decision-making and appeal process that must be appealed to the Minister of National Revenue at the Tax Court. (see Section '''[[Qualifying for Employment Insurance (8:III)\|III.A: Insurable Employment]]''', and ss. 90–105 of the '''EI Act''');

	* decisions concerning the write-off of debt from overpayment or penalty (''EI Act'', s. 112.1)		* decisions concerning the write-off of debt from overpayment or penalty (''EI Act'', s. 112.1)


	=== 1. Insurability Decisions ===		=== 1. Insurability Decisions ===


	Certain decisions concerning “insurable employment” must be appealed to the CRA or the Minister of National Revenue. These appeals can be found in s. 90(1) of the ''EI Act''.		Certain decisions concerning “insurable employment” must be appealed to the CRA or the Minister of National Revenue. These appeals can be found in s. 90(1) of the ''EI Act''.


	For an example of the appeal process, consult [https://www.canlii.org/en/ca/tcc/doc/2005/2005tcc502/2005tcc502.html?resultIndex=1 ''McPhee v Minister of National Revenue'', 2005 TCC 502]. In deciding whether the claimant was an employee or an independent contractor, the court allowed a consideration of the parties’ intentions.		For an example of the appeal process, consult [https://www.canlii.org/en/ca/tcc/doc/2005/2005tcc502/2005tcc502.html?resultIndex=1 ''McPhee v Minister of National Revenue'', 2005 TCC 502]. In deciding whether the claimant was an employee or an independent contractor, the court allowed a consideration of the parties’ intentions.


	It is crucial to analyze the dispute and file the correct type of appeal. In doubtful cases, it can be wise to do both – file an appeal and ask the CRA for a ruling.		It is crucial to analyze the dispute and file the correct type of appeal. In doubtful cases, it can be wise to do both – file an appeal and ask the CRA for a ruling.