General information
When the Commission renders a decision on a claim that results in a denial of benefits, the Commission is required to communicate its decision to the claimant or any other person who is subject to a Commission decision. Under certain circumstances, the Commission informs employers of its decision as well, for instance when the Commission decides to pay benefits to claimants who lost their employment because of a labour dispute, who were dismissed or who left their employment voluntarily for work-related reasons.
Employers and EI claimants (or others subject to a Commission decision) have the right to appeal these Commission decisions to the Board of Referees. These appeals must be submitted in writing within 30 days of receiving the decision. The Commission has the discretion to extend this 30-day period when there are special reasons for delay (subsection 114(1) of the Act Employment Insurance Act ). The notice of appeal may provide information not known to the Commission at the time of the initial decision. In this case, the decision may stand or be removed.
If the original decision stands, the agent prepares the appeal docket to the Board of Referees. All evidence relevant to the issue under appeal is identified (that is, given exhibit numbers), and written representations citing the relevant jurisprudence are prepared. Copies of the prepared docket are then sent to the claimants, their representatives and, under certain circumstances, to employers and their representatives, as well as to the Board of Referees hearing the appeal.
Sometimes, several appeals may involve identical issues. In these cases, a representative appeal may be sent to the Board, following agreement among the parties. The Board of Referees' decision will apply to those individuals who have agreed to this procedure and who are identified on an accompanying list.
The Commission's objective is to provide a speedy and efficient appeal service to appellants. The goal is to schedule 90 percent of appeals to be heard by the Board of Referees within 30 days of their initial receipt.
Under paragraph 114(1)(b) of the EI Act Employment Insurance Act , the Commission, at its discretion, may allow further time in any particular case for special reasons. This discretion must be exercised in a judicial manner. This means taking into account only those factors that are relevant. An appeal on the refusal to extend the 30-day appeal period is different from other types of appeals. The appeal is limited to reviewing the Commission's exercise of its discretionary power. The Board of Referees does not have the authority to determine whether special reasons exist to justify a delayed appeal.
If the Board decides that the Commission has not exercised its discretion in a judicial manner in refusing to accept a delayed appeal, the Board itself can exercise the discretion granted to the Commission. The Board may also return the matter to the Commission, enabling it to exercise its discretionary power and advise the claimant accordingly.
2010-03-22