The Hearing

Learn what happens on the day of the hearing. This section explains how the hearing is conducted, how you can present your information, and what to expect throughout the session.

Hearing Day

On the day of the hearing, ensure that you bring the appeal docket and any other relevant documents. You may bring either an electronic version or a paper copy.

If the hearing is being held virtually (via videoconference or teleconference), choose a quiet place where you won’t be interrupted. Ensure that your telephone, tablet, or computer is fully charged, working properly, and that you have a stable internet or telephone connection.

If the hearing is in person, locate the venue ahead of time, and plan your travel so you arrive at least 30 minutes early.

If you have new or additional information that you would like the EI BOA panel members to consider, you may bring it with you and present it during the hearing.

Attending the Hearing

Attending the hearing, whether by videoconference or teleconference from your personal device, or in person at a Service Canada office, is voluntary but strongly recommended. This is your opportunity to explain your situation or circumstances to the EI BOA. It also allows the panel members to ask questions to ensure they have all the relevant information needed to make a well-informed decision. All parties will have an opportunity to speak and present their position.

It is important to be on time. If you are late or absent, the hearing may proceed without you.

At the beginning of the hearing, the presiding panel member will start with the introductions and confirm how everyone would like to be addressed. They will explain how the hearing will proceed and outline the Board of Appeal’s role.

Panel members will guide you throughout the hearing. They will ask you to explain your situation and present your statement. Although the EI BOA panel members will have reviewed the appeal docket prior to the hearing, they may still ask you questions. Hearings are informal and panel members aim to keep the process as simple and accessible as possible.

Public Access to Hearings

Hearings are usually open to the public. However, in specific circumstances, a hearing may be held in private, or an individual may be excluded to protect confidentiality, safety, or the integrity of the process.

The Employment Insurance Board of Appeal (EI BOA) is committed to providing a process that is fair, safe, respectful, and accessible to all. In sensitive cases, holding private or separate hearings allows individuals to speak freely without fear or intimidation, while maintaining transparency.

Separate Hearing

The Board of Appeal may exclude a person from a hearing if the situation involves spoken evidence of sexual or other types of harassment between the appellant and another party. This prevents direct confrontation and protects the safety and dignity of all participants. To avoid direct contact between the parties, each person may give their statement separately.

Private Hearing

A private hearing, also known as an in-camera hearing, is a confidential proceeding that is not open to the public or the media. Access is limited to the parties directly involved, their representatives and other authorized individuals.

The Board of Appeal may hold private hearings to prevent serious harm that could result from public hearings.

Reasons for this exception to the principle of open justice include:

  • Protecting personal information: when disclosing sensitive personal information, such as medical details, would cause significant harm to an individual, and this harm outweighs the public’s right to attend
  • Safety concerns: If someone’s life, safety, or freedom is at risk
  • Maintaining fairness: When providing public access could compromise the fairness of the outcome
  • Public safety: A hearing may be made private if public access poses a serious and/or direct threat to public safety

Duration of a Hearing

The length of a hearing varies based on several factors including:

  • The hearing format
  • The number of parties involved
  • The number of documents in the appeal docket
  • The complexity of the issue(s) under appeal
  • The need for an interpreter

A break can be requested at any time by notifying the panel members.

Recording of Hearings

All hearings before the EI BOA are audio recorded. Recordings help maintain transparency and fairness, particularly if concerns are raised after the hearing or if a party believes that some important information was overlooked.

Recording of the hearing by any attendee is not allowed. However, if you are a party to the appeal, you may request a copy of the official recording after the hearing by submitting the Audio Recording Request. In some cases, access to the recording may be subject to any confidentiality order in place.

If you are not a party to the appeal but wish to obtain a copy of the recording, please contact the Access to Information or Privacy Request Division at : nc-comm-atip-aiprp-gd@hrsdc-rhdcc.gc.ca.

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