Introduction to Employment Insurance (8:I)

A. Keeping Up to Date on Changes to Employment Insurance

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

1. Electronic Developments and EI

The internet can now be used at many different stages of the EI process. An applicant can apply for EI benefits online. In addition, using the “MyEI information on-line” an applicant is able to make changes to their personal information, view claim information, and review previous EI claims. The “Internet Reporting Service” allows a claimant to submit their EI reports online; these records are required to demonstrate entitlement.

An employer can submit Records of Employment online.

The “Epass” system creates an easier way to communicate with government services via the internet.

B. General Information

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 who considers the claimant 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, RSC 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 he or she paid premiums. Certain criteria (see [[Qualifying for Employment Insurance (8:III) | Section III: Qualifying for EI) must be met before benefits are payable.

The EI regime is a multi-tiered 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);
• d) party appeals decision of the General Division to the Appeal Division of the SST;
• e) in exceptional cases, claimant applies to Federal Court of Appeal to set aside decision of SST;
• 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. B. 1 Insurability Decisions.

C. What LSLAP Can Do

The following is a summary of what LSLAP students can help with:

• Assist a client with an initial application;
• Assist a client with an application for training benefits or write-off of debt;
• Assist a client with an application for Reconsideration
• Appeal any unfavourable decision by the Commission:
  • a) write a Notice of Appeal;
  • b) prepare for an appeal to the General Division;
  • c) appear at hearing before the General Division;
• Assist a client with an appeal to the Minister of National Revenue;
• Appeal unfavourable decisions by the General Division to the Appeal Division; and
• Help clients cut off from EI benefits write a letter of complaint to their MP.

D.What LSLAP Cannot Do

LSLAP cannot represent clients seeking judicial review of decisions made by the Appeal Division, because these are argued in the Federal Court of Appeal (and then, in the event of a further appeal, the Supreme Court of Canada). LSLAP students cannot appear before these courts. Clients can bereferred to the Community Legal Assistance Society (CLAS), as qualified legal counsel will be required.

E. 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 unless an extension of time is granted
• For judicial review to the Federal Court of Appeal: 30 days from the date of the ruling.

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 ruling.