Appealing interlocutory decisions to the Appeal Division

1.1 An interlocutory decision is a type of decision that is made during the appeal process. It doesn’t resolve all the issues in your appeal. It is usually a procedural decision. For example, it could be about:

• meeting a procedural requirement
• allowing a witness
• rescheduling requests
• extending filing deadlines
• adding a party to an appeal

1.2 An interlocutory decision isn’t a final decision on the appeal.

2.1 The Appeal Division usually won’t consider appeals of interlocutory decisions until the General Division or the employment insurance (EI) Board of Appeal has given its final decision in the appeal.¹ This approach avoids delays and back-and-forth between the General Division or EI Board of Appeal and Appeal Division. It allows the General Division or EI Board of Appeal to address the entire appeal before the Appeal Division gets involved. Then, the Appeal Division can consider all the issues at the same time based on a complete record.

2.2 There is an exception for decisions about adding a party. If a party wants to appeal an interlocutory decision about adding a party, the Appeal Division may decide to consider the appeal of the interlocutory decision right away.

3.1 If you want to appeal an interlocutory decision to the Appeal Division, consider waiting until you have your final decision from the General Division or the EI Board of Appeal.

3.2 If you meet the exception in section 2.2 above and want to appeal before getting the final decision, you must do the following:

• Fill out an Application to the Appeal Division.
• Provide a copy or the date of the interlocutory decision.
• Explain why you want to proceed with your appeal right away.

3.3 An Appeal Division member will decide whether they can hear your appeal right away or you have to wait for the proceedings at the General Division or EI Board of Appeal to finish.

4.1 Rule 8(5) of the Social Security Tribunal Rules of Procedure (Rules) allows the Tribunal to decide the procedure for anything not included in the Rules or the Social Security Tribunal Regulations, 2022.

5.1 This practice direction came into effect on July 9, 2026.