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

Marginal note:Abandonment of appeal

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  35 (1) If the Board of Appeal determines that an appeal has been abandoned under subsection 43.19(1) of the Act, it must inform the parties and end all proceedings.

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  Marginal note:Application to reopen appeal following abandonment

  (2) An appellant who files an application to reopen an appeal under subsection 43.19(2) of the Act must include

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

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    (b) their social insurance number or the identifying number indicated on the reconsideration decision being appealed or, if the appellant is an employer, the business number assigned to them by the Canada Revenue Agency; and

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    (c) the reasons for their failure to communicate with the Board of Appeal.

Marginal note:Withdrawing appeal

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  36 (1) An appellant may withdraw their appeal by notifying the Board of Appeal

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    (a) in writing, anytime before the hearing; or

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    (b) orally, anytime during the hearing.

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  Marginal note:Consideration of withdrawal

  (2) When the Board of Appeal gives a decision under subsection 43.13(1) of the Act, it must take into account a notice of withdrawal filed under paragraph (1)(b).

Marginal note:Decision made

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  37 (1) The Board of Appeal must give a decision under subsection 43.13(1) of the Act on the day that the hearing concludes.

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  Marginal note:Majority decision

  (2) For a decision to be made, a majority of the panel members who heard the appeal must agree and this majority can be obtained by any combination of the panel members.

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  Marginal note:Dissenting opinion

  (3) The decision must include any dissenting opinion and the reasons for it.

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  Marginal note:Signing of decision

  (4) The decision must contain the written or electronic signature of each panel member who heard the appeal.

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  Marginal note:Extension of time to give decision

  (5) For the purposes of section 43.14 of the Act, the Executive Head of the Board of Appeal may extend the time limit set out in subsection (1) for the following special reasons:

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    (a) to respect the principles of natural justice;

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    (b) to consider evidence filed under section 21; or

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    (c) to allow the proceeding to occur as simply and efficiently as the circumstances and the principles of natural justice allow.

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