Employment Insurance Appeal Division: When to appeal by
You have 30 days to appeal after you get your decision from either:
- the Employment Insurance (EI) Board of Appeal opens a new window, or
- the Social Security Tribunal (SST) General Division.
How to count the 30 days
Start counting days on the day after you get the EI Board of Appeal or the SST General Division decision. Include holidays and weekends.
If the deadline falls on a Saturday
If the deadline falls on a Saturday, we must receive your appeal on or before that day. Since we don’t receive mail on Saturdays, think about how you’ll send it to us so we get it on or before the deadline.
Example
- Sam got his decision on May 19. So Day 1 is May 20. This means we’ll need to receive Sam’s appeal on or before Saturday, June 18.
- If Sam sends us his appeal by email or fax, then he can send it to us on June 18. But, if Sam sends us his appeal by mail, he’ll have to mail it far enough in advance so that we receive it by Friday, June 17.
If the deadline falls on a Sunday
If the deadline falls on a Sunday or other holiday, then we must receive your appeal by the next business day.
Example
- Anna got her decision on September 6. So Day 1 is September 7. This means Anna has to appeal on or before Sunday, October 6.
- Since October 6 is a Sunday, we must receive Anna’s appeal on or before the following Monday (that is, October 7).
If your appeal is late
If you appeal after the 30-day deadline, we may not accept your appeal. If your appeal is late, you must explain why on your Notice of Appeal to the Appeal Division form. You must have a reasonable explanation for why your appeal is late.
You can send us documents to support your explanation. For example, if you were sick, send us a copy of your doctor’s report.
An Appeal Division member will look at your explanation and decide whether it’s reasonable. If it is, the member will allow your appeal to go to the next step. This is called giving you an extension of time.
The law says a member can’t give you an extension of time if you send us your appeal more than 1 year after you received your EI Board of Appeal decision or your SST General Division decision. Members have to follow what the law says.
If the member says your appeal is late and doesn’t give you an extension of time, we’ll close your appeal file. The EI Board of Appeal decision or your SST General Division decision will remain in effect.