Employment Insurance Board of Appeal Regulations (SOR/2025-74)

Marginal note:Written arguments

20 Any party who wishes to file written arguments with the Board of Appeal must do so before the scheduled hearing date.

Marginal note:Late filing of evidence

21 The Board of Appeal must not consider any evidence filed after the hearing unless

• The following provision is not in force.

  (a) it requests that the evidence be filed; or

• The following provision is not in force.

  (b) a party requests it at the hearing and the Board of Appeal accepts that request and sets a date for the filing of the evidence.

Marginal note:Information from Commission

22 At any time before the Board of Appeal gives a decision on the appeal, the panel may seek additional information relevant to the appeal from the Commission.

Marginal note:How to file documents

• The following provision is not in force.

  23 (1) A party who files any document with the Board of Appeal that is required to be filed under the Act, other than a notice of appeal, or any document in support of their position must do so

  • The following provision is not in force.

    (a) by mail or courier, using the postal address set out on the Board of Appeal’s website; or

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    (b) electronically, using the electronic filing procedure set out on the Board of Appeal’s website.

• The following provision is not in force.

  Marginal note:Presumed date of filing

  (2) Any document filed with the Board of Appeal under subsection (1) is presumed to be filed

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    (a) if filed by ordinary mail, on the date indicated by the date received stamp applied to the document by the Board of Appeal;

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    (b) if filed by registered mail or courier, on the date recorded on the delivery confirmation receipt; and

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    (c) if filed electronically, on the date and at the time indicated by the Board of Appeal’s electronic system.

Marginal note:Filing and sending documents

• The following provision is not in force.

  24 (1) The Board of Appeal must add any document filed with it by a party to the appeal record and send a copy of it to the other parties to the appeal as soon as feasible unless it is a duplicate of a document previously filed and sent.

• The following provision is not in force.

  Marginal note:Presumed date of reception of documents

  (2) A party is presumed to have received any document sent by the Board of Appeal under subsection (1) if the document is

  • The following provision is not in force.

    (a) sent by ordinary mail, on the 10th day after the day on which it is mailed;

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    (b) sent by registered mail or courier, on the date recorded on the delivery confirmation receipt; or

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    (c) sent electronically, on the business day following the day on which the document was sent.

Marginal note:Electronic documents

• The following provision is not in force.

  25 (1) Any electronic document filed with or produced by the Board of Appeal is considered to be the original version of the document.

• The following provision is not in force.

  Marginal note:Making, providing and certifying copies

  (2) The Board of Appeal may, with regard to any document that is filed with it, do any of the following:

  • The following provision is not in force.

    (a) make an electronic copy that becomes the original document;

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    (b) provide an electronic copy;

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    (c) certify an electronic copy as a true copy.

Marginal note:Documents not in English or French

• The following provision is not in force.

  26 (1) A party who files a document with the Board of Appeal that is not in English or French must

  • The following provision is not in force.

    (a) have the document translated into English or French; and

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    (b) file the translated document with the original document.

• The following provision is not in force.

  Marginal note:Information to be filed with the translation

  (2) The following information must be filed with the translated document:

  • The following provision is not in force.

    (a) the translator’s full name, postal address and, if applicable, their telephone number and email address; and

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    (b) a statement from the translator that the translation is accurate.

Marginal note:Request for translation of documents

• The following provision is not in force.

  27 (1) If the Commission files a document with the Board of Appeal that is not in a party’s chosen language for the appeal and that did not originate from that party, that party may request the Board of Appeal to provide them with a translation of the document in that language.

• The following provision is not in force.

  Marginal note:Commission to file translated documents

  (2) After a request is made under subsection (1), the Commission must have the document translated and file the translated document with the Board of Appeal.

Marginal note:Notice of hearing

28 The Board of Appeal must send a notice of hearing to all the parties

• The following provision is not in force.

  (a) if a notice of appeal is filed within the period prescribed in subsection 43.11(1) of the Act, as soon as feasible after receiving the documents referred to in section 15; and

• The following provision is not in force.

  (b) if a notice of appeal is filed after that period and if the Board of Appeal decides to hear the appeal, as soon as feasible after making that decision.

Marginal note:Region of appellant for hearing

• The following provision is not in force.

  29 (1) For the purposes of subsection 43.16(1) of the Act, an appeal is to be heard in the most suitable region listed in column 2 of the schedule to these Regulations, based on the appellant’s postal address in the appeal record.

• The following provision is not in force.

  Marginal note:Other region for hearing

  (2) However, the Executive Head of the Board of Appeal may authorize that an appeal be heard in a region other than the region referred to in subsection (1) in any of the following circumstances:

  • The following provision is not in force.

    (a) the appeal would not be heard in a timely manner if heard in the region referred to in subsection (1);

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    (b) hearing the appeal in a different region would facilitate travel of the parties;

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    (c) there is no panel available to hear the appeal in the region referred to in subsection (1);

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    (d) the appeal deals with a common question that involves appellants who are located, based on their postal addresses in the appeal record, in different regions;

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    (e) the appellant requests it;

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    (f) circumstances other than those included in paragraphs (a) to (e) require the appeal to be heard in a different region to ensure the operational efficiency of the Board of Appeal.

Marginal note:Format of hearing

• The following provision is not in force.

  30 (1) For the purposes of subsection 43.16(2) of the Act, an appeal is to be heard as follows:

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    (a) if the appellant requests that the hearing be held in person,

    • (i) the appellant is to be heard in person by the panel,

    • (ii) the other parties may

      • (A) attend in person, at their own expense,

      • (B) participate by videoconference or teleconference, or

      • (C) elect not to attend; and

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    (b) if the appellant requests that the hearing be held by videoconference or teleconference, does not wish to attend or be present at the hearing or fails to select a preferred hearing format and cannot be reached in this respect, the parties may

    • (i) participate by videoconference or teleconference, or

    • (ii) elect not to attend.

• The following provision is not in force.

  Marginal note:Special circumstances

  (2) Despite subsection (1), if the Board of Appeal determines that an in-person hearing would raise security or health concerns that cannot be prevented or mitigated or would be impractical for operational reasons, the Executive Head of the Board of Appeal may change the format of the hearing and the parties may

  • The following provision is not in force.

    (a) participate by videoconference or by teleconference; or

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    (b) elect not to attend.

• The following provision is not in force.

  Marginal note:Absence of party

  (3) The Board of Appeal may decide to hold a hearing in the absence of a party who was duly notified of the date, time and format of the hearing and who, without prior notice, fails to appear.

• The following provision is not in force.

  Marginal note:No hearing

  (4) If the Commission and the appellant are the only parties to the appeal and the Commission concedes the appeal, the Board of Appeal may give a decision based on the appeal record without holding a hearing.

Marginal note:Private hearing

31 For the purposes of subsection 43.16(3) of the Act, the Board of Appeal may, on its own initiative or on request, hold all or part of a hearing in private if it determines that there are no alternative measures that can prevent or mitigate any of the following serious risks that could result from a public hearing:

• The following provision is not in force.

  (a) a serious risk that the disclosure of personal information, such as medical information, would cause undue hardship to a person that outweighs the societal interest that the hearing and appeal record be public;

• The following provision is not in force.

  (b) a serious risk to the life, liberty or security of a person;

• The following provision is not in force.

  (c) a serious risk to the fairness of the proceeding that outweighs the societal interest that the hearing and appeal record be public; or

• The following provision is not in force.

  (d) a serious risk to public security.

Marginal note:Exclusion of persons from a hearing

• The following provision is not in force.

  32 (1) The presiding member may exclude any person from a hearing during which oral evidence concerning a circumstance of sexual or other harassment will be given.

• The following provision is not in force.

  Marginal note:Recording made available

  (2) Any party who chooses to participate in the hearing and who is excluded under subsection (1) must be provided with a copy of the audio recording of oral evidence given at the hearing and an opportunity to respond to the evidence.

Marginal note:Postponing hearing

• The following provision is not in force.

  33 (1) A party may, as soon as feasible before the scheduled hearing date, request that the Board of Appeal postpone the hearing.

• The following provision is not in force.

  Marginal note:New hearing date

  (2) The Board of Appeal may grant a request made under subsection (1) and set a new hearing date without asking the other parties to present arguments, unless the principles of natural justice require it.

• The following provision is not in force.

  Marginal note:Subsequent request

  (3) If the Board of Appeal grants a party’s first request under subsection (1), it may not grant a further request by the same party unless it is

  • The following provision is not in force.

    (a) filed at least five business days before the new hearing date; and

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    (b) justified by exceptional circumstances.

Marginal note:Suspension of appeal

• The following provision is not in force.

  34 (1) The Board of Appeal may suspend an appeal if

  • The following provision is not in force.

    (a) one or more proceedings are ongoing before the Board of Appeal or another tribunal that raise issues that are similar to those under appeal or that may have a direct impact on the appeal; or

  • The following provision is not in force.

    (b) it is required by the principles of natural justice.

• The following provision is not in force.

  Marginal note:Lifting suspension

  (2) The Board of Appeal must lift the suspension if the reasons for the suspension set out in subsection (1) no longer exist.