Request for reconsideration of an Employment Insurance decision

If you disagree with a decision Service Canada made on your Employment Insurance (EI) application for benefits, you can request a reconsideration of that decision. For example, you could request a reconsideration if you were refused benefits or have to repay benefits you received.

Employers and other parties affected by a decision can also request a reconsideration, for example if an employee quit or was fired for misconduct and receives EI benefits.

Before you request a reconsideration, check if you have any information that could change the original decision. This includes:

• documentation that was not already submitted
• new information that could affect your application for benefits

Submit it to Service Canada immediately and we’ll review it to determine whether the original decision could change.

If you’ve provided all information and still disagree with the decision, you can then request a reconsideration.

The Digest of Entitlement Principles

The Digest of Benefit Entitlement Principles contains the principles applied by the Employment Insurance Commission when providing information and guidance on legislative and regulatory requirements. These principles are also applied when making decisions on claims for EI benefits under the Employment Insurance Act and its regulations.

How to request a reconsideration

Complete, print and sign the online request for reconsideration of an EI decision form.

Submit it to Service Canada in person or by mail within 30 days after the date the decision was communicated to you. There is no fee to request a reconsideration.

If you submit your request after 30 days, you must provide a reason for the delay. Service Canada can still accept your request if we determine that there is a reasonable explanation.

What happens next

A Service Canada agent will review your request for reconsideration. This will not be the same person who made the original decision. This agent will:

• read the original decision and all related material on file
• complete additional fact-finding and clarify any differences with relevant parties, which may include your previous employer
• obtain relevant documents
• review any new information received
• assess all evidence related to the issue
• make a decision that is consistent with legislation and jurisprudence
• document the reasoning to support the reconsideration decision

Each case is different and the agents do their best to complete the reconsideration as soon as possible.

The original decision may be maintained or changed. We’ll inform you of the reconsideration decision in writing. An agent will call you to provide an explanation if the decision is not in your favour.

You can authorize another person to access information about your request for reconsideration

Your personal information and your request for reconsideration are confidential.

You can give Service Canada permission to share information about your request for reconsideration with a person you authorize.

Complete and sign the Individual’s consent to disclosure and/or use of personal information. Submit it to Service Canada in person or by mail.

Resources to help you prepare your request

• Employment Insurance Act
• EI Regulations
• Digest of benefit entitlement principles
• Index of jurisprudence
• Jurisprudence library
• Employment Insurance appeal decisions favourable to workers

Appealing to the Social Security Tribunal

If you disagree with the decision made on your request for reconsideration, you can file an appeal with the Social Security Tribunal (SST) General Division. You must file an appeal within 30 days after the day the decision is communicated to you by letter or by phone.

Fill out the form found on the SST website. The SST will notify Service Canada of your appeal.