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EI Board of Appeal — Notice of Appeal & Grounds (Canada)
Since 1 April 2026, Employment Insurance appeals in Canada no longer go to the Social Security Tribunal — they go to the new Employment Insurance Board of Appeal, a regional tribunal where a three-member panel hears your case and aims to decide the same day. You have 30 days from the reconsideration decision. Our Canadian template produces the grounds document for that appeal: the errors in the reconsideration decision organized the way panels weigh them, a point-by-point answer to the Service Canada file, new evidence and witnesses, hearing-format and accessibility requests, and the SST Appeal Division route mapped if you need to go further.
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Notice of Appeal — Employment Insurance Board of Appeal
Grounds And Submissions In Support Of A First-level EI Appeal · June 10, 2026
Daniel K. Osei
215 Garry Street, Winnipeg MB R3C 1H3
+1 (204) 555-0173
daniel.osei@email.ca
June 10, 2026
Employment Insurance Board of Appeal
Employment Insurance Board of Appeal
[Filed with the Board’s notice of appeal — online or as directed on your reconsideration decision]
[Filed with the Board’s notice of appeal — online or as directed on your reconsideration decision]
NOTICE OF APPEAL — EMPLOYMENT INSURANCE
Reconsideration decision dated May 28, 2026 · Ref: REC-2026-3318854
Dear Members of the Board,
I appeal to the Employment Insurance Board of Appeal against the reconsideration decision of the Canada Employment Insurance Commission dated May 28, 2026 concerning my claim for EI regular benefits. This document sets out my grounds of appeal and the evidence I rely on, and accompanies my notice of appeal filed in the form and manner the Board requires.
I appeal to the Employment Insurance Board of Appeal against the reconsideration decision of the Canada Employment Insurance Commission dated May 28, 2026 concerning my claim for EI regular benefits. This document sets out my grounds of appeal and the evidence I rely on, and accompanies my notice of appeal filed in the form and manner the Board requires.
1.
APPELLANT DETAILS
Full name: Daniel K. Osei
Social Insurance Number: 123-456-789
Address: 215 Garry Street, Winnipeg MB R3C 1H3
Telephone: +1 (204) 555-0173
Email: daniel.osei@email.ca
Social Insurance Number: 123-456-789
Address: 215 Garry Street, Winnipeg MB R3C 1H3
Telephone: +1 (204) 555-0173
Email: daniel.osei@email.ca
2.
THE RECONSIDERATION DECISION UNDER APPEAL
Benefit type: EI regular benefits
Date of the reconsideration decision: May 28, 2026
Reference on the decision letter: REC-2026-3318854
Stage completed: reconsideration under section 112 of the Employment Insurance Act — the decision now appealed is the reconsideration decision.
If the decision was communicated on its date, the 30-day period to appeal runs to on or about June 27, 2026.
Date of the reconsideration decision: May 28, 2026
Reference on the decision letter: REC-2026-3318854
Stage completed: reconsideration under section 112 of the Employment Insurance Act — the decision now appealed is the reconsideration decision.
If the decision was communicated on its date, the 30-day period to appeal runs to on or about June 27, 2026.
3.
APPEAL FILED IN TIME
Since 1 April 2026, first-level Employment Insurance appeals are heard by the Employment Insurance Board of Appeal, and a notice of appeal must reach the Board within 30 calendar days of the day the reconsideration decision was communicated — the count starts the day after notification and includes weekends and holidays. This appeal is brought within that period. Filing an appeal is free of charge.
4.
OUTCOME SOUGHT
I respectfully ask the Board to allow the appeal and find that the benefits claimed are payable. I ask that the panel consider the whole of the reconsideration file together with the grounds, evidence and submissions in this document.
5.
ISSUE UNDER APPEAL
The reconsideration decision maintains my disqualification for misconduct. The absence relied on was a medical emergency: my daughter was admitted to hospital overnight and I notified my supervisor by text the same morning. An absence I reported, caused by a family emergency, is not wilful misconduct — and the reconsideration decision never engages with the hospital records or my supervisor’s reply.
6.
HEARING FORMAT REQUESTED
I ask that the hearing be held by videoconference. I understand the Board sits in three-member regional panels — a presiding member and members drawn from worker and employer communities — and that hearings are offered in person at Service Canada locations, by videoconference or by phone, in English or French.
7.
GROUNDS OF APPEAL
The reconsideration decision should not stand, for the following reasons — each tied to the record before the Board:
1. Errors of fact: The decision finds that I failed to notify the employer of my absence on April 3, 2026. That finding is wrong: I sent my supervisor a text message at 6:42 a.m. that morning and he replied "understood, hope she is OK". Both messages are in evidence.
2. Errors in applying the law: The decision treats a single reported emergency absence as misconduct without asking whether the conduct was wilful — conscious, deliberate or intentional. A parent taking a child to hospital and reporting the absence is not acting in wilful breach of any duty, and the burden of proving otherwise sits on the Commission, not on me.
3. Evidence not weighed: The hospital admission record and the text exchange with my supervisor were before the reconsideration officer but are nowhere addressed in the decision. A decision that does not weigh the evidence that answers its own central finding cannot stand.
The correct outcome: The conduct relied on was not wilful misconduct, no disqualification applies, and my regular benefits are payable from the start of the benefit period.
1. Errors of fact: The decision finds that I failed to notify the employer of my absence on April 3, 2026. That finding is wrong: I sent my supervisor a text message at 6:42 a.m. that morning and he replied "understood, hope she is OK". Both messages are in evidence.
2. Errors in applying the law: The decision treats a single reported emergency absence as misconduct without asking whether the conduct was wilful — conscious, deliberate or intentional. A parent taking a child to hospital and reporting the absence is not acting in wilful breach of any duty, and the burden of proving otherwise sits on the Commission, not on me.
3. Evidence not weighed: The hospital admission record and the text exchange with my supervisor were before the reconsideration officer but are nowhere addressed in the decision. A decision that does not weigh the evidence that answers its own central finding cannot stand.
The correct outcome: The conduct relied on was not wilful misconduct, no disqualification applies, and my regular benefits are payable from the start of the benefit period.
8.
RESPONSE TO THE RECONSIDERATION FILE
The Board decides this appeal on the reconsideration file the Commission produces, together with what I file. I answer the findings in that file point by point:
The decision’s central reasoning: The decision letter states that "the claimant’s absence without authorization, following prior attendance warnings, constitutes misconduct within the meaning of the Act."
1. The file says: The employer reported that I was absent without leave on April 3, 2026. — Answer: I notified my supervisor by text at 6:42 a.m. before my shift, and he acknowledged it. Shown by: Text message exchange of April 3, 2026 (item 2 of the schedule).
2. The file says: The decision says I had two prior warnings for attendance. — Answer: Both warnings concerned lateness in 2024 and were spent under the attendance policy after twelve clear months. Shown by: Attendance policy, clause 6, and my 2025 review (items 3 and 4).
Circumstances the file does not reflect: The file does not reflect that the employer’s own attendance policy treats warnings as spent after twelve clear months, or that the April 3 absence was a hospital emergency.
The decision’s central reasoning: The decision letter states that "the claimant’s absence without authorization, following prior attendance warnings, constitutes misconduct within the meaning of the Act."
1. The file says: The employer reported that I was absent without leave on April 3, 2026. — Answer: I notified my supervisor by text at 6:42 a.m. before my shift, and he acknowledged it. Shown by: Text message exchange of April 3, 2026 (item 2 of the schedule).
2. The file says: The decision says I had two prior warnings for attendance. — Answer: Both warnings concerned lateness in 2024 and were spent under the attendance policy after twelve clear months. Shown by: Attendance policy, clause 6, and my 2025 review (items 3 and 4).
Circumstances the file does not reflect: The file does not reflect that the employer’s own attendance policy treats warnings as spent after twelve clear months, or that the April 3 absence was a hospital emergency.
9.
NEW EVIDENCE AND WITNESSES
The appeal is a fresh look at the claim, and the following evidence is filed for the panel in addition to the reconsideration file:
1. Hospital admission record for my daughter (dated April 3, 2026) — the absence was a genuine family medical emergency
2. Text message exchange with my supervisor (dated April 3, 2026) — I reported the absence before my shift and it was acknowledged
3. Employer attendance policy (dated January 2024) — warnings are spent after twelve clear months — the 2024 warnings no longer counted
Why this material was not before the reconsideration officer: The hospital record was issued to me on May 30, 2026, after the reconsideration decision had already been made; the text exchange was provided to the reconsideration officer but is not addressed in the decision.
Witnesses who will attend the hearing:
W1. Marcus Brandt (shift supervisor) — will speak to: that I notified him of the absence by text before the shift and that he acknowledged it
1. Hospital admission record for my daughter (dated April 3, 2026) — the absence was a genuine family medical emergency
2. Text message exchange with my supervisor (dated April 3, 2026) — I reported the absence before my shift and it was acknowledged
3. Employer attendance policy (dated January 2024) — warnings are spent after twelve clear months — the 2024 warnings no longer counted
Why this material was not before the reconsideration officer: The hospital record was issued to me on May 30, 2026, after the reconsideration decision had already been made; the text exchange was provided to the reconsideration officer but is not addressed in the decision.
Witnesses who will attend the hearing:
W1. Marcus Brandt (shift supervisor) — will speak to: that I notified him of the absence by text before the shift and that he acknowledged it
10.
HEARING ACCESS AND NEXT STEPS
If the Board dismisses this appeal in whole or in part, I intend to pursue the further appeal to the Social Security Tribunal — Appeal Division, which since the April 2026 reform hears further EI appeals from the Board without a permission (leave) stage. I therefore ask that the Board’s decision and the record be communicated in a form that supports that step.
11.
ACKNOWLEDGEMENT AND HEARING NOTICE
Please acknowledge receipt of this appeal in writing, confirm the date it was received, and provide the file number assigned to it. I ask to be notified of the hearing date and the panel in good time, and that the reconsideration file be provided to me before the hearing. All my rights are reserved, including the further appeal to the Social Security Tribunal — Appeal Division.
YOURS TRULY,
Daniel K. Osei
Appellant
Date: ____________________
CLAIMANT
Daniel K. Osei
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is the EI Board of Appeal?
The <strong>Employment Insurance Board of Appeal</strong> is Canada’s first-level tribunal for EI disputes, hearing all new EI appeals since <strong>1 April 2026</strong>. It replaced the Social Security Tribunal’s General Division for this work — the SST took no new EI files after 31 March 2026, and now touches EI only at its Appeal Division, as the second level. The Board was designed around the people who appear before it: tripartite panels of three members — a presiding member appointed by the Governor in Council, plus one member drawn from worker communities and one from employer communities — sitting regionally, so the people deciding your case know your labour market.
An appeal starts with a notice of appeal filed within <strong>30 calendar days</strong> of the day the reconsideration decision was communicated — the count starts the day after notification and includes weekends and holidays. Filing is free. A late appeal can be accepted on a reasonable explanation, but nothing is accepted more than <strong>one year</strong> after the decision. The appeal must include a written explanation of why you disagree with Service Canada’s reconsideration decision — that explanation is what this template builds, because it is the document the panel reads before the hearing and the script you argue from at it.
Hearings are deliberately accessible: in person at around 100 Service Canada locations across Canada, by videoconference or by phone, in English or French, with free interpretation — including ASL and LSQ — on request. The panel receives the full reconsideration file from the Canada Employment Insurance Commission, hears you and your witnesses, can receive new evidence, and aims to decide on the day of the hearing in most cases. Decisions of the former SST General Division do not bind the new Board, and if you lose, the further appeal to the SST Appeal Division no longer requires permission to proceed.
What's Covered in This Template
The document follows the order a Board of Appeal panel works through — the decision under appeal, the deadline, the grounds, the file, the evidence, the hearing — and turns your disagreement into identified errors.
Correct-Tribunal Framing
Built for the Employment Insurance Board of Appeal — the first-level EI tribunal since 1 April 2026 — not the Social Security Tribunal route that older guides still describe.
30-Day Deadline Tracking
States the 30-calendar-day rule, calculates the indicative end of your window from the reconsideration decision date, and flags the one-year absolute outer limit.
Error-Type Grounds
Organizes your appeal the way panels weigh it: errors of fact the record contradicts, legal tests applied wrongly, and evidence the decision never weighed.
Reconsideration-File Rebuttal
The panel reads Service Canada’s file first — this section answers its findings point by point: what the file says, why it is wrong, which document shows it.
New Evidence Schedule
The Board takes a fresh look — material that arrived after the reconsideration decision is filed here, with a sentence on why it was not on file earlier.
Witness List
Names who will attend the hearing, who they are, and what they will speak to — a first-hand witness routinely outweighs a contested file note.
Hearing Format Request
In person, videoconference or phone — your choice goes on record, with accessibility, language and interpretation needs (including ASL and LSQ) requested in advance.
Late-Appeal Rescue
Where the 30 days have passed, the document adds the request to accept a late appeal, with the reasonable explanation argued and the one-year limit addressed.
Appeal Division Positioning
Puts on record that a dismissal will be taken to the SST Appeal Division — which on the post-2026 EI route requires no permission stage.
How to Create Your Board of Appeal Grounds
Five steps from reconsideration decision to filed appeal.
- 1
Find the Reconsideration Decision
You need its date and reference — your 30-day appeal clock starts the day after it was communicated, weekends and holidays included.
- 2
Summarize the Issue
Three or four sentences on what the decision got wrong. This is what the panel reads first.
- 3
Identify the Errors (Expert)
Wrong findings of fact, legal tests skipped or misapplied, evidence never weighed — each tied to a document in the record.
- 4
Answer the File and Add Evidence (Expert)
Respond to Service Canada’s findings point by point, file what is new, and name your witnesses.
- 5
File Within 30 Days
Submit through the Board’s online appeal form or as your reconsideration decision letter directs, attaching this document. Keep dated proof of filing — it is free.
Why Doxuno documents are different
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Always current
Always current with the law
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Legal Considerations
The Board of Appeal is new — and the transition rules matter for every Canadian with an EI file moving through the system.
This template provides general information for Canadian EI appellants and is not legal advice. Community legal clinics across Canada offer free help with EI appeals; for complex files — alleged misrepresentation, large overpayments, constitutional issues — get advice before the hearing.
Reviewed for Canadian EI law
The April 2026 Transition
The Employment Insurance Board of Appeal began hearing all new first-level EI appeals on 1 April 2026, under amendments to the Department of Employment and Social Development Act and the Board of Appeal Regulations (SOR/2025-74). Files already before the Social Security Tribunal’s General Division finish there, but no new EI appeals are accepted by the SST at first level. Constitutional challenges are the exception — they go to the SST Appeal Division. If a guide tells you to appeal an EI decision to the SST General Division, it predates the reform.
Deadlines — 30 Days, One Year Absolute
A notice of appeal must reach the Board within 30 calendar days of the day the reconsideration decision was communicated. The Board can accept a late appeal with a reasonable explanation — but no appeal is accepted more than one year after the decision was communicated, however strong the case. Diarize both dates the day the decision arrives.
The Tripartite Panel
Each appeal is heard by three members: a presiding member appointed by the Governor in Council, one member appointed from worker communities and one from employer communities by the Canada Employment Insurance Commission — with regional assignment so panels understand local labour markets. The Board aims to decide on the day of the hearing 80% of the time, which rewards appeals whose grounds a panel can lift straight into a decision.
A Fresh Look — Evidence and Precedent
The Board decides on the reconsideration file plus what you bring: new documents, witnesses, your own testimony. Decisions of the former SST General Division are not binding on the Board, though similar cases can still be referenced. The legal tests themselves are unchanged — just cause under paragraph 29(c), wilful misconduct, the Faucher availability factors — so grounds built on the Employment Insurance Act carry straight over. If you have not yet filed the reconsideration itself, start with our EI request for reconsideration template.
After the Board — the SST Appeal Division
A party dissatisfied with the Board’s decision appeals to the Social Security Tribunal’s Appeal Division — and on the post-April-2026 EI route, no permission (leave) stage applies. Keep every document the Board relied on: the record travels. For benefit debts being collected while you appeal, see our CRA payment arrangement request template; for CPP or OAS disputes, which still go to the SST, our SST income security appeal template.
Frequently Asked Questions
The Right Tribunal, the Right Grounds, in Time
Create your Board of Appeal grounds in minutes: the errors in the reconsideration decision, the point-by-point answer to the Service Canada file, new evidence and witnesses, and your hearing requests, in formal Canadian format. Download the PDF free, or unlock Expert for the full grounds, rebuttal and evidence sections.
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