Introduction to Employment Insurance (8:I)

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on June 24, 2021.

A. Keeping Up to Date on Changes to Employment Insurance

When working with an Employment Insurance claim, always ensure that you are working with the most updated information. Consult Service Canada’s Employment Insurance website before proceeding.

B. General

Employment Insurance (EI) is a contributory federal social insurance scheme that pays benefits to eligible workers who lose their jobs or who cannot work due to illness, pregnancy or due to responsibilities for a newborn or newly-adopted child, an ill family member, or person considered to be like a family member. Service Canada and the Canada Employment Insurance Commission (the Commission) administer and act as the registry for the system.

Under the Employment Insurance Act, SC 1996, c. 23 [EI Act], both employees and employers are required to contribute to the payment of premiums. A claimant is not automatically entitled to benefits for loss of employment because they paid premiums. Certain criteria (see Section IV: Qualifying for EI) must be met before benefits are payable.

The EI appeal process is a multistage system. The list immediately below shows the progression of decisions and appeals under the regime:

a) decision made by an agent of the Commission affecting the Claimant, employer, and the Commission itself;

b) party applies to the Commission for Reconsideration of the Commission’s decision;

c) party appeals to the Employment Insurance section of the General Division of the SST (Social Security Tribunal of Canada);

d) party applies for leave to appeal and then, if leave is granted, appeals decision of the General Division to the Appeal Division of the SST;

e) in exceptional cases, claimant applies to Federal Court of Appeal for Judicial Review;

f) in exceptional cases, claimant appeals court’s decision to the Supreme Court of Canada. (Cases will usually only proceed to the Supreme Court of Canada if the disputed issue is of national significance).

A separate appeal structure exists for cases concerning the insurability of employment. This structure is set out in Section XII. A. 3 Insurability Decisions.

C. Deadlines for Appeals

• For Requests for Reconsideration: 30 days

• For appeals to the General Division: 30 days from the date the Reconsideration decision was communicated to the applicant

• For appeals to the Appeal Division: 30 days from the time the decision was communicated to the applicant

• For judicial review to the Federal Court of Appeal: 30 days from the date of the decision was communicated (Federal Courts Act, RSC 1985, c F-7, s 18.1).

• Note that for all deadlines, requests for an extension of the deadline may be made to the governing body.

For rulings that must be decided by the CRA:

• For a claimant’s requests for rulings to the Canada Revenue Agency (CRA): Before June 30th in the year following the year to which the question relates. Note that the CRA rules on insurability issues.

• For appeals to the Minister of National Revenue from a CRA decision: 90 days from the date of the notification of the ruling (EI Act, s 91).

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