Understanding The Hearing Process

Learn how the hearing is conducted and what to expect during the hearing. This section explains the roles of those involved and how the hearing will proceed.

Protection of your Personal Information

The Employment Insurance Board of Appeal (EI BOA) is committed to protecting the personal and sensitive information of individuals involved in the appeal process, in accordance with the Privacy Act and the Access to Information Act.

The Privacy Act protects your personal information and gives you the right to access it.

The Access to Information Act allows Canadian Citizens, Permanent residents, individuals present in Canada, and businesses located in Canada to access information held by government institutions.

To keep your information safe, the EI BOA:

  • Puts measures in place to ensure that your data is used appropriately and securely
  • Protects your personal information from unauthorized access, loss, changes, or disclosure
  • Ensures that your information is only used for the purpose it was originally collected

Open Court Principle at the Board of Appeal

The Open Court Principle ensures that court proceedings and hearings are open to the public. This promotes accountability, fosters trust in the justice system, and allows individuals to witness how justice is administered.

However, the Board of Appeal must also protect the privacy and safety of all individuals. It works to find the right balance between the principle of open justice and keeping sensitive information private.

Balance between Openness and Privacy

The Board of Appeal is committed to being transparent and accountable while also protecting privacy. It does this by:

  • providing public access to hearings, and publishing certain decisions online so that individuals can understand how appeals are resolved
  • maintaining privacy and protecting sensitive details by removing any personal information before publishing and sharing publicly

Suspension of an Appeal

An appeal may be suspended if an impediment prevents the process from moving forward. Typical reasons for suspension include:

  • when an appeal is pending before another tribunal, and its outcome may affect the appeal before the EI BOA
  • to allow parties to submit additional evidence, or if a party is unable to attend a hearing for an indefinite period due to circumstances beyond their control (e.g., illness, severe weather)
  • if several appeals involve similar issues, the EI BOA may wait until all related cases are received before proceeding
  • invalid contact information for the appellant

Abandonment of an Appeal

The EI BOA may determine that an appeal has been abandoned if essential information is missing, preventing it from being processed, and if the EI BOA is unable to reach the appellant despite several reasonable attempts. In these cases, the appeal file will be closed.

Reopening an Abandoned Appeal

An appellant may request the EI BOA to reopen an appeal that has been deemed to be abandoned. The EI BOA may agree to reopen the appeal if:

  • The principle of natural justice was not respected when the appeal was deemed abandoned, or
  • The appellant was unable to communicate with the Registry Officer due to circumstances beyond their control, and
  • The request to reopen is made within 30 days after those circumstances have been resolved

Appeal on Behalf of a Deceased Person

If the appellant passes away before the appeal is resolved, their legal representative (an Executor or Liquidator in Quebec) may take over the appeal. The legal representative can decide to continue or withdraw the appeal.

A legal representative may also file an appeal on behalf of someone who has already passed away.

In both cases, the representative must provide:

  • A death certificate
  • Confirmation of their status as Executor or Liquidator, such as a legal will or testament
  • A Solemn declaration completed and signed by the Executor or Liquidator
  • A statement indicating whether they want to continue or withdraw the appeal

What is a solemn declaration?

A solemn declaration is a written statement in which the Executor or Liquidator confirms that they are duly authorized to administer the estate of the deceased appellant. It also affirms that, if more than one person is authorized to administer the estate, they have obtained the consent of the other authorized individuals to act on behalf of the deceased in the appeal.

Note: Additional documentation is not required if the reconsideration decision from Service Canada is already addressed to the representative.

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