Question Period Note: IMPROVEMENTS TO THE EMPLOYMENT INSURANCE RECOURSE PROCESS

What is the Government doing to move forward with the implementation of the Board of Appeal (BOA) 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 Employment Insurance (EI) Board of Appeal is a significant reform to the EI recourse process. Its design is informed by consultations with Canadians, including labour and employer groups.

In Bill C-47, the Budget Implementation Act, the Government introduced amendments to the Department of Employment and Social Development Act, and consequential amendments to other Acts, to establish a new independent tripartite Board of Appeal.

In August 2019, the Government announced significant changes to the EI and Income Security (IS) recourse processes. These changes included client-centric improvements within the 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.

Over summer 2022, consultations were held to review issues previously raised by stakeholders and parliamentarians, to examine possible solutions and to identify any remaining concerns relating to the proposed legislation. In parallel, consultation in the form of an online survey, open to the public, was also conducted to review certain aspects of the EI appeal process.

In Budget 2023, following consultations with Canadians and stakeholders, the Government proposed to introduce amendments to the DESDA (and consequential amendments to other Acts) to establish a new independent tripartite BOA. The Budget Implementation Act, which received Royal Assent on June 22, 2023, establishes the BOA and the legislation stipulates that the tribunal will come into force at a date to be set by Order in Council where both, the BOA and the SST – General Division, would operate in parallel until a second Order in Council would dissolve the EI Section of the SST – General Division.

As a tripartite organization, the new EI BOA will represent the interests of government, workers and employers, helping put first-level EI appeal decisions back into the hands of those who pay into the EI system. The EI BOA will hear cases where claimants disagree with a Service Canada reconsideration decision regarding their EI claims. Until the EI BOA is operational, the SST will continue to hear first level EI appeals. To ensure smooth operations following the launch of the EI BOA, there will be a transition period during which the new BOA and the SST will run in parallel.

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