5. Get a decision

The Employment Insurance Board of Appeal (EI BOA) panel members usually make a decision on the day the hearing ends.

All parties, which is everyone involved with the appeal, get a written copy of the decision electronically within 2 business days.

Panel members base their decisions on:

• the Employment Insurance Act 
• the Employment Insurance Regulations
• the facts and evidence
• related court decisions

The panel members can decide to:

• keep the original reconsideration decision
• change the reconsideration decision
• cancel the reconsideration decision

The panel can interpret and apply the law. They cannot change the law or consider questions that relate to constitutional law. This includes the Constitution Acts and the Canadian Charter of Rights and Freedoms. Those questions must go to the Social Security Tribunal – Appeal Division.

Appeal to the next level

Anyone involved in the appeal can appeal to the next level of the appeal process if:

• they disagree with the decision, or
• the decision has unresolved constitutional questions.

The next level of appeal is with the Social Security Tribunal of Canada – Appeal Division.

Read more in How do I appeal to the Social Security Tribunal about my EI claim?