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If Service Canada has denied your Employment Insurance claim, disqualified you for quitting or alleged misconduct, found you unavailable for work, or raised an overpayment, you have 30 days to ask for a reconsideration under section 112 of the Employment Insurance Act. Our Canadian template produces the grounds-and-submissions letter that accompanies your request — the legal framework matched to your decision type, a chronology that answers the employer’s version, an evidence schedule keyed to your Record of Employment, a late-request rescue, and the Employment Insurance Board of Appeal route mapped if reconsideration fails.
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Reconsideration is the mandatory first step for challenging any Employment Insurance decision in Canada. Under <strong>section 112 of the Employment Insurance Act</strong>, a claimant — or an employer — may ask the Canada Employment Insurance Commission to reconsider a decision within 30 days of the day it was communicated, and the Commission <strong>must</strong> reconsider once asked. The review is done by a Service Canada officer who was not involved in the original decision, it is free, and Service Canada aims to decide within 30 days. You cannot appeal an EI decision anywhere until this step is complete.
What you file matters, because most EI decisions were made on a thin record — often a short phone statement from the employer. A reconsideration request that simply says "I disagree" invites the same answer. The decisions that change are the ones where the claimant puts the legal test in front of the officer: quitting turns on <strong>just cause</strong> — no reasonable alternative to leaving, with paragraph 29(c) listing circumstances such as a significant wage cut, changed duties, harassment or unsafe conditions; misconduct must be <strong>wilful</strong>, and the burden of proving it sits on the Commission; availability follows the three Faucher factors; insufficient-hours refusals turn on the 420–700 insurable hours your EI economic region requires.
Timing is tight but not hopeless. The 30-day window runs from the day the decision was communicated to you; a late request can still be accepted where there is a reasonable explanation and you always intended to challenge the decision — and even past 365 days in narrow cases (Reconsideration Request Regulations, SOR/2013-63). What changed in 2026 is the step after: since 1 April 2026, a failed reconsideration is appealed to the new <strong>Employment Insurance Board of Appeal</strong>, a regional tripartite tribunal — not to the Social Security Tribunal, whose General Division no longer takes new EI appeals.
The letter follows the structure a Service Canada reconsideration officer works through — claimant, decision, deadline, outcome, grounds, evidence — and adapts to the kind of decision you are challenging.
Choose voluntary leaving, misconduct, availability, insufficient hours or an overpayment — the Expert grounds clause writes the matching legal framework from the Employment Insurance Act around your facts.
The letter states the section 112 deadline and calculates the indicative end of your 30-day window from the decision date — the date that decides whether you are in time.
For quitting cases, the letter works through paragraph 29(c): the no-reasonable-alternative test, the listed circumstances, and the steps you took before leaving.
For dismissal cases, the letter holds the Commission to the wilful-conduct standard from the Federal Court of Appeal — conscious, deliberate or intentional — with the burden where it belongs.
A dated event-by-event chronology with documents, answering the employer’s account point by point and flagging contradictions with the employer’s own paperwork.
The Record of Employment’s reason code, hours and earnings drove the first decision — the letter records whether yours is accurate, needs correction or is missing, and what Service Canada should do about it.
A numbered, dated list of your records — pay statements, written exchanges, medical notes — tied to the ground each one proves.
Where the window has passed, the letter adds the request to allow further time, with the reasonable-explanation and continuing-intention conditions argued.
Puts on record that a maintained decision will be appealed to the Employment Insurance Board of Appeal within 30 days — the correct first-level tribunal since 1 April 2026.
Five steps from decision letter to filed request.
You need the decision date, the benefit type and any reference number. Your 30-day clock runs from the day the decision was communicated to you.
Quit, misconduct, availability, hours or overpayment — each is fought on a different legal test, and the template adapts the letter to your choice.
State the correct outcome, set out the facts, and add the type-specific detail — the steps you took before quitting, the job-search record, the corrected hours calculation.
List the events in order with the document that proves each one, respond to what the employer told Service Canada, and check your Record of Employment.
Submit online through My Service Canada Account, or send form INS5210 with this letter by mail or in person at a Service Canada Centre. Keep a dated copy.
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EI reconsiderations sit inside a fixed Canadian review chain with short deadlines — and the chain changed in April 2026.
This template provides general information for Canadian EI claimants and is not legal advice. For complex files — fraud allegations, large overpayments, interjurisdictional claims — get advice from a community legal clinic or an employment lawyer. Employers challenging a decision follow the same section 112 route but should take their own advice.
Reviewed for Canadian EI law
A claimant or other person who is the subject of a Commission decision, or the claimant’s employer, may request reconsideration within 30 days of the day the decision was communicated, or any further time the Commission allows — and the Commission must reconsider on request (Employment Insurance Act, s.112). The review is free and is carried out by an officer not involved in the original decision. Service Canada’s standard is to decide within 30 days.
The Commission may allow a longer period where there is a reasonable explanation for the delay and the person has demonstrated a continuing intention to request reconsideration. Where the request comes more than 365 days after the decision was communicated, the Commission must also be satisfied that the request has a reasonable chance of success and that no prejudice would be caused (Reconsideration Request Regulations, SOR/2013-63).
Voluntary leaving: just cause exists where the claimant had no reasonable alternative to leaving, with paragraph 29(c) listing qualifying circumstances from harassment to a significant modification of wages or duties (Canada (AG) v White, 2011 FCA 190). Misconduct: wilful conduct — conscious, deliberate or intentional — with the burden on the Commission (Mishibinijima v Canada (AG), 2007 FCA 36). Availability: the three Faucher factors. Hours: between 420 and 700 insurable hours in the 52-week qualifying period, set by the regional unemployment rate.
Since 1 April 2026, first-level EI appeals go to the Employment Insurance Board of Appeal — a regional three-member panel drawing on worker and employer communities — within 30 days of the reconsideration decision, free of charge. The Social Security Tribunal’s General Division no longer accepts new EI appeals; a further appeal from the Board lies to the SST Appeal Division. Our EI Board of Appeal notice template builds that next step.
If the decision stopped your payments, reconsideration does not restart them — but a successful reconsideration or appeal pays the withheld benefits retroactively, at up to $729 a week at the 2026 maximum. Overpayment decisions keep their own life: repayment can proceed while you dispute, so ask Service Canada about a repayment arrangement in hardship cases. For CRA collection of an established EI debt, see our CRA payment arrangement request template; for tax reassessments connected to benefits, our CRA notice of objection.
Create your EI reconsideration request in minutes: decision-type legal grounds, the chronology that answers your employer, a numbered evidence schedule and the Board of Appeal route, in formal Canadian letter format. Download the PDF free, or unlock Expert for the full grounds, rebuttal and evidence sections.
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