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Employment Insurance Act - Part VI - Administrative Provisions
Current Version of the Employment Insurance Act
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PART VI
ADMINISTRATIVE PROVISIONS
Appeals
| Appeal to board of referees | 114. (1) A claimant or other person who is the subject of a decision of the Commission, or the employer of the claimant, may appeal to the board of referees in the prescribed manner at any time within(a) 30 days after the day on which a decision is communicated to them; or |
| Privacy | (2) If a circumstance of sexual or other harassment mentioned in subparagraph 29(c)(i) is being considered by a board of referees, the chairperson of the board may, on application by the claimant, direct that the hearing be held in private or that details concerning the circumstance not be published in any document or broadcast in any way, if the chairperson is satisfied that personal or other matters may be disclosed of such a nature that the desirability of avoiding public disclosure of those matters in the interest of the claimant or in the public interest outweighs the desirability of the access by the public to information about those matters. |
| Decision to be recorded | (3) A decision of a board of referees shall be recorded in writing and shall include a statement of the findings of the board on questions of fact material to the decision. |
| Appeal to umpire | 115. (1) An appeal as of right to an umpire from a decision of a board of referees may be brought by(a) the Commission; |
| Grounds of appeal | (2) The only grounds of appeal are that(a) the board of referees failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction; |
| Procedure for appeal | 116. The appeal must be brought in the prescribed manner within 60 days after the decision is communicated to the person bringing the appeal, or any longer period that the umpire may allow for special reasons. |
| Powers of umpire | 117. An umpire may decide any question of law or fact that is necessary for the disposition of an appeal and may(a) dismiss the appeal; |
| Decision final | 118. The decision of the umpire on an appeal is final and, except for judicial review under the Federal Courts Act, is not subject to appeal to or review by any court. 1996, c. 23, s. 118; 2002. c. 8, s. 182. |
| Attendance of witnesses | 119. If a person affected by a decision under appeal attends before the umpire on the consideration of the appeal at the umpire's request, the person shall be paid such travel and other allowances, including compensation for loss of remunerative time, as are approved by the Treasury Board. |
| Amendment of decision | 120. The Commission, a board of referees or the umpire may rescind or amend a decision given in any particular claim for benefit if new facts are presented or if it is satisfied that the decision was given without knowledge of, or was based on a mistake as to, some material fact. |
| Payment of benefit pending appeal | 121. (1) If a claim for benefits is allowed by a board of referees, benefits are payable in accordance with the decision of the board even though an appeal is pending, and any benefits paid under this section after the decision of the board of referees shall be treated as having been duly paid and are not recoverable from the claimant, even if the final determination of the question is adverse to the claimant. |
| Exception | (2) Subsection (1) does not apply(a) if the appeal was brought within 21 days after the day on which the decision of the board of referees was given and on the ground that the claimant ought to be disentitled under section 36; and |
| Determination of questions | 122. If a question specified in section 90 arises in the consideration of a claim for benefits, it shall be determined by an authorized officer of the Canada Revenue Agency, as provided by that section. 1996, c. 23, s. 122; 1999, c. 17, s. 135; 2006, c. 38, s. 138. |
| Regulations | 123. The Commission may, with the approval of the Governor in Council, make regulations prescribing the procedure to be followed in appeals. |
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