After years of advocacy from workers’ groups, the federal government created the Employment Insurance Board of Appeal (EI BOA). The EI BOA will take over responsibility from the Social Security Tribunal (SST) – General Division for hearing and deciding first-level appeals under the Employment Insurance Act. Under the new BOA, three-member panels made up of independent representatives of the government, workers and employers will hear first-level appeals. The Board can hold in-person hearings at approximately 100 Service Canada locations. The BOA will also offer video conference and phone hearings. The BOA started holding hearings in April 2026.
Any cases currently in progress at the SST – General Division will continue there, but the SST – General Division is no longer accepting new cases.
Current process to challenge a decision on EI regular or special benefits (as of April 1):
If you receive a decision about EI regular or special benefits from Service Canada that you disagree with, here’s the current process to challenge that decision:
First, you must send a reconsideration request to Service Canada within 30 days of receiving their decision. Then, if you disagree with their reconsideration decision, you can appeal that decision to the BOA within 30 days of receiving the reconsideration decision. After that step, if you disagree with the BOA’s decision, you can appeal that decision to the SST – Appeal Division. You no longer need permission (leave) to appeal a decision to the SST – Appeal Division.
Differences between the SST – General Division and the new EI Board of Appeal (BOA)
ISAC staff attended the EI Commissioner for Workers’ Forum in Ottawa recently and heard more details about how the BOA will operate. There are some differences between the SST – General Division (which heard first-level EI appeals before April 1, 2026) and the BOA.
- The BOA is meant to be easier to navigate for self-represented parties.
- The BOA’s members will hear cases from their local regions so that they understand local labour markets and job search practices.
- The members will aim to make decisions on the day of the hearing 80% of the time.
- The BOA cannot deal with constitutional issues. If you believe part of the Employment Insurance Act or its regulations violate your constitutional rights, you can still raise them. You will first have a hearing at the BOA about the non-constitutional issues. But if you lose your BOA hearing, you will move on to the second stage of your hearing at the SST – Appeal Division about the constitutional issues.
- Previous decisions from the SST – General Division are not binding or persuasive on the BOA. That means the BOA doesn’t have to decide legal issues in the same way as the SST – General Division used to. But you can still talk about previous decisions from the SST – General Division that are like your case.
Hearings are available in English or French. Other language interpretation, including American Sign Language and Langue des Signes Québécoise, will be available free upon request but this service is not yet in place (as of April 2026). Until that service is set up, you may bring your own interpreter.
The BOA’s website has helpful guidance on the appeal process. The EI Board of Appeal Regulations set out the BOA’s rules and procedures. You can also contact your local community legal clinic for advice on EI appeals.