Employment Insurance Act (S.C. 1996, c. 23)

Marginal note: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

  • (b) such further time as the Commission may in any particular case for special reasons allow.

• Marginal note: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on application by the claimant, direct that the hearing be held in private or that details concerning the circumstance not be published in any document or broadcast in any way, if the chairperson is satisfied that personal or other matters may be disclosed of such a nature that the desirability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.

• Marginal note: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.

Marginal note: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;

  • (b) a claimant or other person who is the subject of a decision of the Commission;

  • (c) the employer of the claimant; or

  • (d) an association of which the claimant or employer is a member.

• Marginal note: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;

  • (b) the board of referees erred in law in making its decision or order, whether or not the error appears on the face of the record; or

  • (c) the board of referees based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it.

Marginal note: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.

Marginal note: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;

• (b) give the decision that the board of referees should have given;

• (c) refer the matter back to the board of referees for re-hearing or re-determination in accordance with such directions as the umpire considers appropriate; or

• (d) confirm, rescind or vary the decision of the board of referees in whole or in part.