The Employment Insurance Board of Appeal (EI BOA) Overview (8:XIII)

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This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on 1 August 2026.

If the claimant is unhappy with the decision following the reconsideration, the claimant may file an appeal to the Employment Insurance Board of Appeal (“EI BOA”). The EI BOA is the first level of appeal for EI decisions and replaces the SST General Division for new EI appeals. The EI BOA is an independent administrative tribunal that makes decisions on first-level appeals related to Employment Insurance (EI) benefits eligibility. Each appeal is heard by a panel of three Board of Appeal members. More information can be found at the EI BOA website: https://eiboa-caae.service.canada.ca/en/index.shtml

NOTE: Appeals filed with the SST General Division before April 1, 2026 continue under the previous process. The SST General Division no longer accepts new EI appeals after this date

A. Appealing to the EI BOA

1. Notice of Appeal

Starting from the day after the claimant was notified of the reconsideration decision, they have 30 calendar days to file their Notice of Appeal. If the claimant files or sends their notice after this 30-day deadline, they must provide a reasonable explanation for the delay. The EI BOA may allow a late appeal where appropriate, but the decision remains within the Board’s discretion.

The Notice of Appeal requires information including:

The claimant’s contact information;
Information about the reconsideration decision being appealed;
The reasons for disagreeing with the decision; and
Any supporting information or documents.

The form can be filled out on the computer or printed and filled out by hand. This form is accessible at the following link: https://forms-formulaires.alpha.canada.ca/en/id/cmn37n8tm00h5wy018xs7vbd1

Alternatively, the claimant can print off a pdf and complete it and either mail it to the EI BOA or submit it in person at a Service Canada Office: https://eiboa-caae.service.canada.ca/en/appeal/documents/ESDC-BOA5101E_ext.pdf

If the claimant has received more than one reconsideration decision, they must clearly indicate which specific decision they are appealing. They must provide the date and record ID number of the reconsideration decision they are appealing and explain why they disagree with the decision in detail.

Once the EI BOA receives the Notice of Appeal, the claimant will be sent a written acknowledgement, and all other parties involved in the appeal will be notified. The claimant will receive the name and phone number of their Registry Officer, who will be their main contact throughout the appeal process. The Commission will be then required to share all the relevant documents they have related to the appeal.

2. Notice of Hearing

After receiving these documents, the hearing will be scheduled, and the claimant will receive a Notice of Hearing letter along with the appeal docket. The Notice of Hearing is a formal document that informs all parties involved in the appeal of the scheduled hearing. Some information that it provides includes:

The date and time;
The hearing format and corresponding details (location, telephone number, videoconference link, etc.);
Preparation tips tailored to the hearing format;
Accommodation measures;
A list of known participants.

3. Requesting a postponement

If the claimant is unavailable on the scheduled date or time of their hearing, they may request a postponement by submitting a clear explanation of the reason in writing to the EI BOA.

4. Withdrawal

An appeal may be withdrawn at any time before or during the hearing, Only the claimant can withdraw an appeal, other parties cannot.

Requests to withdraw an appeal before the hearing must be submitted in writing to the EI BOA as soon as possible. The claimant must indicate whether they are withdrawing the entire appeal or just specific issues. If they withdraw the entire appeal, the appeal will be considered closed, the hearing cancelled, and the Commission’s reconsideration decision will remain unchanged. If only specific issues are withdrawn, the appeal process and the hearing continue with those issues that remain.

Withdrawing an appeal during the hearing is done by verbally informing the EI BOA panel members. If they do not accept the withdrawal, the hearing will proceed and the panel will issue a decision.

5. Concessions in Appeals

The Commission may decide that its reconsideration decision under appeal is incorrect after receiving new facts or discovering an error in the reconsideration decision. The Commission may then concede the appeal, which means it recommends to the EI BOA that the claimant’s appeal be granted. In this case, the EI BOA may decide the appeal without holding a hearing, should the claimant agree.

B. Preparation for Appeal to the EI BOA

The appeal docket contains documents to help parties understand the case being appealed. It is shared with all parties involved in the appeal, so that everyone has access to the relevant information required to participate in the hearing.

The appeal docket contains:

The reconsideration file. This usually contains all relevant documents the Commission has related to the issue, and their reconsideration decision;
The Commission’s written submission explaining the reasons for its reconsideration decision;
All documents submitted to the EI BOA by any party.

The docket should be carefully reviewed, as the claimant and their representative should be familiar with the facts and evidence presented by the Commission. The claimant should bring the appeal docket with them to the hearing, whether attending virtually or in-person.

The claimant and representative should carefully review:

The reconsideration decision made by Service Canada;
The reasons given by the Commission for denying benefits;
All evidence relied upon by the Commission;
Any relevant legislation, regulations, and case law.

The claimant should identify:

What facts the Commission relied upon;
Whether those facts are accurate;
Whether important evidence was ignored;
Whether the claimant’s statements were misunderstood;
What evidence supports the claimant’s version of events.

In many cases, credibility is important. A claimant may need to explain why a statement made during the Commission’s investigation does not accurately reflect what they intended to say. For example, a claimant may have said they wanted a certain wage but meant they preferred that wage, and not that they were refusing all other work.

The claimant must be prepared to explain inconsistencies and demonstrate that their evidence is reliable.

C. Evidence and submissions

The EI BOA generally focuses on the fact and evidence rather than strict legal procedures.

The claimant should provide:

Relevant documents, such as paystubs, records of employment, job search records, etc;
Witness evidence where appropriate;
Explanations of disputed facts;
Any legal arguments supporting the appeal.

Any documents or written submissions should be submitted before the hearing where possible, so the EI BOA has an opportunity to review the materials. Additional evidence that needs to be submitted after the appeal has been filed must be sent directly to the EI BOA either electronically via Canada Post Connect or by mail. In order to use Canada Post Connect, the claimant must provide their email address so that a secure electronic communication channel can be established with the EI BOA. They can do so at the following link: https://forms-formulaires.alpha.canada.ca/en/id/cmmyrthlu00aowy01ghbdjmg6

D. Hearings before the EI BOA

The EI BOA is generally concerned with whether the claimant has proven entitlement to EI benefits under the legislation. While the Board may consider fairness and context, it cannot allow an appeal where the legislation does not provide authority to do so.

1. Claimant’s preparation

The claimant should be neat in appearance, be prepared to present the facts of their situation, and provide any evidence supporting their position. The claimant should also be prepared to answer questions directly and clearly.

2. Representative’s preparation

The representative should also be neatly dressed, which in the case of LSLAP clinicians means courtroom clothing.

The representative should:

Prepare a legal basis to allow the appeal, using the EI Act, EI Regulations, Digest, and jurisprudence;
Spend some time before the hearing with the claimant reviewing facts, explaining legal arguments, and anticipating questions;
Meet with witnesses, explain Tribunal procedure, and review with them the questions that will be asked of them at the hearing;
Prepare a written list of points to be made in the claimant’s favour. This is to ensure that if “sidetracked” by the BOA, none of the points will be forgotten. It will also be helpful in “making a record” to give to the BOA;
Prepare a written submission summarizing the main points of evidence and arguments. This fills in the gaps in the oral arguments and becomes part of the “record” for later appeals to the Appeal Division or the Federal Court.

3. Evidence at the Hearing

Claimant ’s Evidence

The claimant should then be asked to tell the BOA their version of the relevant facts. The Tribunal may ask leading questions (requiring a simple “yes” or “no” answer) for all matters not really in dispute, or relate the non-controversial facts directly to the BOA members. However, it is important to let claimants tell crucial facts in their own words. At any point, the BOA itself may ask questions of the claimant or witnesses, or may query parts of the legal argument that it does not understand. A well-prepared claimant can make a good impression if answers are given in a clear, straightforward manner

Submissions: Disputing the Commission ’s Case

Following the presentation of documents, the claimant’s evidence, and any other witnesses, the representative should summarize the facts and evidence in the client’s favour and make legal arguments if applicable. The representative should point out fallacies in the Commission’s argument and distinguish the cases relied upon by the Commission.

Payment of Benefit Pending Appeal: Not Recoverable

Benefits are not payable in accordance with a decision of the BOA if, within 21 days after the day on which a decision is given, the Commission makes an application for leave to appeal to the Appeal division on the ground that the BOA has erred in law, according to s. 80 of the EI Regulations. If benefits are paid to the claimant and the Appeal Division allows the Commission’s appeal, the benefits cannot be recovered. In practice, however, when the Commission appeals, it always alleges an error of law, and files within 21 days. This avoids the need to pay benefits while the appeal is pending.