Question Period Note: Improvements to the Employment Insurance EI) Recourse Process

Why has the Government not moved forward with the implementation of the Board of Appeal for Employment Insurance (EI) appeals?

• The Government is committed to reforming the appeal process by making it more responsive to the needs of Canadians.

• The creation of the EI Board of Appeal for first level EI appeals will be a significant reform to the EI recourse process. Its design is informed by consultations with Canadians, including labour and employer groups.

• Further consultations have been undertaken to ensure the implementation of reforms are putting clients at the heart of the appeal process.

In August 2019, the Government announced significant changes to the Employment Insurance (EI) and Income Security (IS) recourse processes. These changes included client-centric improvements within the Social Security Tribunal (SST) and a return to a locally-based tripartite decision-making model for first-level EI appeals (called EI Board of Appeal) outside of the SST.

The reforms were expected to be implemented effective April 2021. While many of the changes have been actioned, with the advent of the COVID-19 pandemic, the Government’s key priority was to support Canadians through various emergency benefits. As a result, it was not feasible to implement the Employment Insurance Board of Appeal (EI BOA) and other legislative changes associated with the EI recourse process.

Budget 2022 proposed to amend the Employment Insurance Act and the Department of Employment and Social Development Act to enable the creation of the EI BOA. As part of the Budget Implementation Act, 2022, No. 1, legislative amendments were proposed. Stakeholders voiced concerns regarding the proposed legislation, namely during appearances at the House of Commons’ Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA), and at the Standing Committee on Finance (FINA). After hearing concerns from several EI stakeholders on the proposed legislation, the BOA related clauses of the proposed legislation were removed from the Budget Implementation Act, 2022 by FINA on May 31, 2022.

In parallel, Minister Qualtrough communicated two messages: “Our government is committed to a representative EI appeals process and implementing a tripartite EI Board of Appeals” and “after hearing from EI stakeholders, we determined that more consultation with employers and employees is needed to strengthen the EI appeals process and we will introduce legislation in the fall.”

Following recent consultations, the Department continues to work on the design and delivery of the EI recourse reforms.

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