Question Period Note: Improvements to the Employment Insurance (EI) recourse process

What is the Government doing to help make the recourse process simpler and client focused for Employment Insurance (EI) appeals?

• The Government is moving forward with important reforms to the Employment Insurance (EI) recourse process with the creation of the EI Board of Appeal, which will replace the Social Security Tribunal-General Division in deciding first level EI appeals.
• This important change will ensure appeals are decided by panels representing the interests of government, workers and employers.

• The launch of the Board of Appeal in April 2023 is part of the Government’s commitment to reform the appeal process by making it quicker, easier and more responsive to Canadians.

In March 2017, the Minister of Families, Children and Social Development commissioned a comprehensive third party Review of the Social Security Tribunal (SST). Extensive consultations were undertaken throughout the course of this Review with the public, appellants and with various stakeholders. The Review found the appeal process to be complex, legalistic and too long to serve appellants, and made recommendations to reorient the recourse process.

With publication of the Final Report in January 2018, the Minister committed to consider options beyond the recommendations of the Review, and that stakeholders would have a role in shaping the renewal of the recourse process through continued engagement. Engagement with key external stakeholders were held between June and December 2018 to vet recommendations, discuss other potential improvements, and inform options development.

In August 2019, the Government announced significant changes to the Employment Insurance (EI) and IS recourse processes. These changes included a return to a locally-based tripartite decision-making model for first level EI appeals (called EI Board of Appeal), outside of the SST; and a return to a “de novo” model for second level IS appeals, which provides appellants with a final opportunity to present new evidence in a fresh hearing (Budget Implementation Act, 2021 No. 1 which received Royal Assent June 29, 2021)

The EI Board of Appeal will be a new tripartite tribunal that will replace the SST GD-EI for hearing first-level EI appeals, which will be heard by a tripartite panel consisting of a presiding member along with two other members, each representing workers and employers respectively.

Budget 2022 proposes to amend the Employment Insurance Act and the Department of Employment and Social Development Act to enable the creation of the new EI Boards of Appeal, replacing the
EI appeals process under the Social Security Tribunal General Division.

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