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 August 1, 2023.

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 federal social insurance scheme that operates on a contributory basis. It provides benefits to eligible workers who experience job loss or are unable to work due to reasons such as illness, pregnancy, or caring for a newborn/newly adopted child or an ill family member (or someone 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.

In accordance with the Employment Insurance Act, SC 1996, c 23 [the “EI Act”], both employees and employers are required to contribute to the payment of premiums. It is important to note that payment of premiums alone does not automatically guarantee entitlement to benefits for job loss. Before benefits can be granted, specific criteria (outlined in Section III: Qualifying for EI) must be satisfied.

The appeal process for Employment Insurance operates as a multistage system. The progression of decisions and appeals under the Employment Insurance regime is as follows:

1. a decision is made by an agent of the Commission affecting the claimant, employer, and the Commission itself;
2. a party applies to the Commission for reconsideration of the Commission’s decision;
3. a party appeals to the Employment Insurance section of the General Division of the Social Security Tribunal of Canada (the “SST”);
4. a party applies for leave to appeal and then, if leave is granted, appeals the decision of the General Division to the Appeal Division of the SST;
5. in exceptional cases, the claimant applies to the Federal Court of Appeal for Judicial Review;
6. in rare instances, the claimant appeals the court’s decision to the Supreme Court of Canada (“SCC”) – cases will usually only proceed to the SCC 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. Deadlines for Appeals

• Requests for Reconsideration: 30 days.

• Appeals to the General Division: 30 days from the date the reconsideration decision was communicated to the applicant.

• Appeals to the Appeal Division: 30 days from the date the General Division decision was communicated to the applicant.

• Judicial Review to theFederal Court of Appeal: 30 days from the date the Appeal Division decision was communicated to the applicant (Federal Courts Act, RSC 1985, c F-7, s 18.1).

• Requests for Rulings to the Canada Revenue Agency (“CRA”): By June 29th of the year after the year to which the question relates.

• 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).

Note: For all deadlines, requests for an extension of the deadline may be made to the applicable governing body.

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