Preparing For Your Hearing

Pre-hearing checklist

• Read your Notice of Hearing letter carefully
• Ensure that you have received a copy of the appeal docket and bring it with you to the hearing whether you are attending virtually or in person
• Review all documents in the docket so that you are familiar with the facts and evidence presented, which will help with discussions during the hearing
• Prepare a list of points, questions, or comments you want to raise, including any errors or inconsistencies you may have noticed
• If you plan to submit additional documents or evidence, send them to the EI BOA as early as possible before the hearing
• If you have any questions about your file, contact your Registry Officer before the hearing

Employment Insurance Laws and Regulations

You may want to review the laws and regulations that apply to your case as part of your preparation. This can help you understand how the EI BOA will look at the issues, facts, and evidence in your file. The EI BOA members must apply the law as it is written.

Key laws and regulations include:

• Employment Insurance Act: the main statute for Employment Insurance (EI) which sets out eligibility, benefit rules, overpayments, reconsiderations and appeals
• Employment Insurance Regulations: rules that support and clarify how the EI Act is applied (e.g. insurable employment, allocation of earnings, suitable employment)
• Employment Insurance (Fishing) Regulations: special provisions for self-employed fishers, including how earnings are determined and how fishing benefits are calculated and paid
• Part 5 of the Department of Employment and Social Development Act: establishes the Board of Appeal and sets out its powers and duties
• Employment Insurance Board of Appeal Regulations: the Board of Appeal’s procedural rules including filing and service, party participation, hearing formats, decisions, and timelines

Decisions of Administrative Bodies and Tribunals

You may also want to research past decisions (jurisprudence) made by other tribunals or courts to understand how similar cases to yours were analyzed and decided. This can help prepare discussion points that support your position.

• Supreme Court of Canada Judgments
• Federal Court decisions
• Federal Court of Appeal decisions
• Previous decisions made by the Social Security Tribunal, General Division, Employment Insurance Section (first level of appeal )
• Social Security Tribunal (SST), Appeal Division (second level of appeal)
• CANLII
• Employment Insurance Board of Appeal decisions

Note: Decisions from higher courts, such as the Federal Court, the Federal Court of Appeal, or the Supreme Court of Canada, carry greater legal weight. These decisions are called binding precedents, which means lower courts and tribunals must follow them when the legal issues are similar.

Reimbursement for Attending In-Person Hearings

The EI BOA may reimburse certain travel expenses and/or lost wages for an appellant attending an In-Person hearing. To be considered, the following specific conditions must be met:

• The appellant is travelling more than 100 km from the postal address provided in the appeal record to the hearing location
• A written request for reimbursement is submitted and approved by the EI BOA before the hearing date

If you would like to submit a request for reimbursement, you must do so as soon as possible prior to the hearing. Your request should include:

• the reason for the request
• a description and the anticipated amounts to be reimbursed following the hearing

The EI BOA will review your request for reimbursement and may:

• approve the request in full
• approve a partial reimbursement
• reject the request

You will be notified of the decision promptly. After the hearing, supporting documents for your previously approved expenses must be provided (e.g., receipts, invoices, or an employer letter confirming wage loss). These will need to be submitted for a reimbursement to be issued.

The other parties and participants are not eligible for reimbursement and are responsible for their own expenses including travel, accommodation, and wage-loss. To avoid incurring these costs, they may choose to participate by videoconference or teleconference.

Note: Reimbursement requests submitted on, during, or after the hearing will not be accepted.