How do I appeal to the Employment Insurance Board of Appeal?

Usually, if you do not agree with a decision about Employment Insurance (EI), you first ask Service Canada for a reconsideration. Read more in What can I do if I disagree with a decision about my EI claim?

If you do not agree with the decision, you can to the Employment Insurance Board of Appeal (EI BOA). The EI BOA is new and started April 1, 2026.

You cannot appeal to the EI BOA until you complete the reconsideration process with Service Canada.

If you disagree about or earnings, the process is different. Read more in What if I disagree with a decision about my EI insurable hours or earnings?

When to appeal to the EI BOA

You might want to appeal Service Canada's reconsideration decision if:

Service Canada refused to give you benefits
you have an overpayment or must repay benefits
you got a warning letter
you got a penalty but did not make a false declaration

Making a false declaration means that you reported something to Service Canada that was:

not true,
misleading, or
did not have the essential information.

And you did this on purpose.

The EI BOA is separate from Service Canada. It can make a different decision.

Before April 1, 2026

People used to appeal a Service Canada reconsideration decision to the Social Security Tribunal – General Division (SST – General Division). Any of these appeals that started before April 1, 2026, will continue at the SST – General Division.

Levels of the appeal process

The first level is to appeal to the EI BOA or, in the past, to the SST – General Division.

If you disagree with a decision made by the EI BOA or SST – General Division, you appeal to the second level. You do this to the Social Security Tribunal of Canada – Appeal Division (SST – Appeal Division).

Constitutional appeals

The EI BOA cannot consider any questions that relate to constitutional law. This includes the Constitution Acts and the Canadian Charter of Rights and Freedoms. So, you must make these appeals to the Social Security Tribunal – Appeal Division.

Get legal help

It's a good idea to contact your local community legal clinic for information and advice. They can talk to you about the strength of your case, options, and possible outcomes.

You can also read more in Where can I get help and advice about my rights as a worker?