Social Security Tribunal of Canada

Employment Insurance General Division: When to appeal by

You have 30 days to appeal after you get your reconsideration decision from Service Canada.

Service Canada will send you its reconsideration decision in writing. Sometimes, they call you and explain the decision over the phone.

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 form. You must have a reasonable explanation 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.

A General 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 allow your appeal to go to the next step if you send us your appeal more than a year after you received your reconsideration decision. Members have to follow what the law says. 

If a member says your appeal can’t go to the next step because it’s late, we’ll close your appeal file. Service Canada’s reconsideration decision will remain in place.

You can ask to appeal the member’s decision not to accept your late appeal. After you receive the member’s decision, you have 30 days to send us your Application to the Appeal Division – Employment Insurance to appeal that decision. The Appeal Division is the second level in the appeal process at the Social Security Tribunal (SST).

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