Canada EI reconsideration: 30-day deadline, decision record, new evidence and appeal path
An EI reconsideration request should identify the exact Service Canada decision, calculate the 30-day period from when the decision was communicated, and explain the factual or legal point that should be reviewed.
Published 27 Sep 2026 · checked against current official Canadian sources
Identify the exact decision and communication date
Start with the complete Service Canada decision, not only an account balance or a cropped screenshot. Record the claimant, claim period, issue decided, decision date, affected weeks, amount if any, and the date the decision was communicated. The current EI reconsideration process measures the ordinary filing period from communication of the decision. Preserve the envelope, My Service Canada Account notice, email alert, letter or other reliable record showing when the decision reached the claimant. If several decisions exist, make a separate row for each and identify which one is being challenged.
State the decision in practical terms: voluntary leaving, misconduct, availability, earnings allocation, repayment, insurable hours or another identified issue. Avoid beginning with a general statement that the result was unfair. A reviewing officer should be able to identify the challenged conclusion before reading the history. If the communication date is uncertain, preserve all evidence supporting the possible dates. Do not silently choose the date producing the longest period. A transparent date record protects the credibility of the entire reconsideration request.
Calculate the 30-day filing period before drafting the merits
Service Canada’s current EI reconsideration page states that a request should generally be submitted within 30 days after the decision was communicated. Put the communication date, the calculated deadline and the intended submission method on a separate deadline sheet. Review that sheet before preparing detailed grounds. A request dated or signed within the period is not enough if it is actually submitted later, so plan how proof of submission will be created under the current official instructions.
If the ordinary period has passed, do not backdate the form. Service Canada explains that a late request should contain an explanation and may be accepted where the explanation is considered reasonable. State the true dates, the obstacle that prevented timely filing, when that obstacle ended and what the claimant did afterwards. Attach supporting evidence where appropriate. Present the merits fully as well, so the officer can consider timeliness and substance without requiring an entirely new package.
Separate new information from disagreement with the original interpretation
The official reconsideration guidance tells claimants to consider whether they have new information that could affect the original decision and to provide it as soon as possible. Make two lists: material Service Canada already had and genuinely new material. New information may include employer correspondence, payroll records, corrected Record of Employment details, medical evidence, job-search records, travel records, work schedules or another document directly connected to the decision. For each item, state when it became available and what factual point it proves.
A document is not automatically new evidence merely because it is attached for the first time. If the same information was already given by telephone or uploaded earlier, identify that event. Where the claimant says Service Canada misunderstood information already in the file, state that separately. The request becomes clearer when it distinguishes a new fact, a correction of an inaccurate fact and a different interpretation of an existing fact. That distinction also helps preserve the administrative record for a possible later appeal.
Use the current EI reconsideration form and current submission instructions
Use the current Request for reconsideration of an Employment Insurance decision form linked from Canada.ca and verify the version immediately before filing. Match the claimant’s identifying information, claim period, decision date and contact details to the Service Canada record. Do not use a Canada Pension Plan reconsideration form or another benefit template because the governing process and timelines differ. Keep a complete signed copy of the form and every attachment before the package leaves the claimant’s control.
If several EI decisions are challenged, identify their scope clearly and check whether the current instructions support dealing with them together. A representative who helps draft the request does not automatically have authority to access confidential EI information. Service Canada’s current page explains that the claimant must give permission before information about the claim is shared with another person. Keep any consent form or authority record separate from the merits and limit it to the access actually required.
Lead with the requested correction and numbered grounds
Begin the reasons with one concise statement explaining what Service Canada decided and what should change on reconsideration. Then use numbered grounds. For each ground identify the finding challenged, the claimant’s position, the supporting evidence and the requested correction. This is more effective than a long narrative that leaves the actual issue implicit. If only part of the decision is disputed, state that rather than challenging every calculation or factual finding without a basis.
Separate different issues with headings. A dispute about whether leaving employment was voluntary should not be mixed with an earnings-allocation calculation. If the issue is numerical, show the arithmetic. If it concerns a Service Canada interview, record the approximate date, participants, question and answer as accurately as possible. If the claimant says a note misstates the answer, identify the reliable record or surrounding facts supporting that contention. Precise grounds make it possible to resolve one issue even if another remains disputed.
Build a chronology that can be checked against source documents
Prepare a dated chronology from the event giving rise to the disputed EI decision through the reconsideration request. Depending on the issue, include employment dates, last day worked, employer communications, EI application date, claimant reports, Service Canada interviews, documents submitted, requests for information and the final decision. Give each important event an attachment reference. The chronology should allow a person unfamiliar with the claim to reconstruct the sequence without relying solely on memory.
If the employer and claimant give different versions, record both. If the claimant corrected an earlier answer, explain when and why. If a Service Canada record appears inaccurate, identify what contemporaneous document contradicts it. Do not omit an inconsistency that is likely already in the administrative file. Addressing it directly usually strengthens the record. A chronology that openly marks disputed facts is more useful than a polished narrative that turns one party’s account into an assumed fact.
Prepare evidence for separation, misconduct or voluntary leaving issues
Where the decision concerns how employment ended, collect the resignation or termination communication, employer messages, relevant policies, warnings, investigation records and any document explaining why work ended. If the claimant says leaving was not voluntary, identify the circumstances relied on, alternatives considered and steps taken before departure. If misconduct is disputed, distinguish the conduct alleged by the employer from the claimant’s account and evidence. Keep the focus on facts relevant to the EI test rather than using the reconsideration as a general workplace grievance.
Preserve dates, authors and complete context. A single screenshot of a message may be misleading if earlier or later messages alter its meaning. If an important conversation was verbal, prepare a dated note identifying participants, place, subject and the words remembered, while clearly describing the note as a recollection. If the employer’s Record of Employment reason differs from other communications, include both and explain the discrepancy. The reconsideration officer should be able to see the factual conflict without reconstructing it from scattered documents.
Prepare evidence for availability and job-search issues
If availability for work is disputed, create a week-by-week record covering the relevant period. Include job applications, interview invitations, job-search logs, geographic or scheduling restrictions, training or study, caregiving constraints and any change in circumstances. State restrictions accurately. Do not describe the claimant as fully available if contemporaneous records show a material limitation. A precise account permits different periods to be assessed separately rather than forcing the entire claim into one description.
Match evidence to dates. A job-search list created months later is weaker unless its source is explained and it accurately reconstructs contemporaneous activity. Preserve emails, online application confirmations and calendar records. If the claimant expanded availability after a certain date, state that date and show what changed. If Service Canada relied on a statement from an earlier interview, compare it with the documented job search and explain any apparent inconsistency. Evidence should address the exact weeks affected by the decision.
Prepare evidence for earnings, allocation and repayment disputes
Where Service Canada allocated earnings or assessed a repayment, obtain pay statements, employer payroll records, bank evidence where useful and the calculation shown in the decision. Build a table with work period, pay period, payment date, gross amount, amount reported to EI and amount allocated by Service Canada. Identify whether the dispute concerns the existence of earnings, timing, characterization or arithmetic. A numerical schedule is more useful than a general request that Service Canada recalculate the claim.
Keep the repayment ledger separate from the merits. Record the amount assessed, any payments made, credits, offsets and current balance, but do not treat repayment activity as proof that the underlying assessment is correct. If the claimant identifies duplicated earnings, show each duplicate line. If a payroll correction occurred, attach the employer’s corrected record. Where self-employment or variable remuneration is involved, identify the source records and method used. Transparent arithmetic allows the officer to reproduce the requested correction.
Index the evidence and preserve complete originals
Create an attachment index with document number, date, source, short description and the fact the document proves. Group records under headings such as employment separation, availability, earnings, medical circumstances, employer communications and Service Canada correspondence. Refer to attachment numbers in the written grounds. This prevents a decisive document from disappearing inside a large unstructured package and helps a later appeal body understand what was before Service Canada.
Preserve complete originals even if a shorter extract is submitted. Avoid cropping sender, recipient, timestamp or surrounding context from messages. Where irrelevant sensitive information can properly be withheld, retain the unredacted original separately. If a document is in another language and its meaning matters, consider a reliable translation and preserve both versions. Do not alter the original metadata or create a summary that looks like a contemporaneous record. The evidential file should remain auditable.
Preserve proof of filing and every supplemental transmission
Follow the current Service Canada instructions for submission. If the request is delivered in person, keep any acknowledgment available. If mailed, retain the postal receipt, tracking information and a complete copy of the addressed package. Record the date it left the claimant’s control. If additional evidence is sent later, make a separate transmittal record listing exactly what was provided and when. The submission history should establish both timeliness and the evidential record.
If Service Canada telephones for clarification, make a contemporaneous note of the date, caller, questions and answers. Save portal updates, letters and acknowledgment notices. If a document is sent twice because receipt is uncertain, record both transmissions rather than deleting the first. A later reviewer should be able to determine what information was available to the reconsideration officer at each stage and whether a missing item was ever actually submitted.
Continue ongoing EI administration while reconsideration is pending
A reconsideration request does not automatically remove ordinary reporting or account obligations. Continue following current Service Canada instructions for claimant reports, account updates and any active benefit claim unless Service Canada directs otherwise. If repayment or collection activity exists, record it on a separate administrative log and ask the responsible office about the current status where necessary. Do not assume the reconsideration itself automatically stays every collection step.
Keeping ongoing administration separate from the merits prevents a new reporting problem from arising while the claimant is focused on the old decision. If address, direct deposit or contact information changes, update it through the appropriate official channel and preserve confirmation. Where the claimant receives a new EI decision during reconsideration, save it separately and calculate any new deadline rather than assuming the existing request automatically covers it.
Review the reconsideration decision and the 2026 appeal route immediately
When the reconsideration decision arrives, save the complete document and record when it was received. Compare the outcome with each numbered ground. Reconcile any revised entitlement, repayment or account balance. If a material submission appears not to have been addressed, note that fact for further review without editing the historical reconsideration package. The original filing should remain exactly as it was submitted.
Service Canada’s current page states that effective April 1, 2026, EI appeals from reconsideration decisions go to the Employment Insurance Board of Appeal of Canada, replacing the Social Security Tribunal General Division for this stage. The same official page states that the appeal must be filed within 30 days of receiving the reconsideration decision. Check the Board’s current filing instructions at that point because appeal procedure is distinct from the original reconsideration.
Maintain an appeal-ready administrative record
Keep the original decision, proof of communication date, reconsideration form, reasons, attachment index, filing proof, supplemental evidence, Service Canada contacts and reconsideration decision in chronological order. Use stable filenames and do not overwrite earlier versions. If the claimant supplied evidence in several batches, maintain a log showing which files accompanied each transmission. This saves substantial reconstruction work if the reconsideration result remains disputed.
Separate evidence that existed during reconsideration from material obtained after the reconsideration decision. Later evidence may still matter on appeal, but it should not be represented as though Service Canada already considered it. A clean record allows an adviser or appeal body to identify the administrative record, the grounds raised, the evidence actually before the officer and what changed later. That distinction is central to accurate procedural analysis.
Official sources checked
- Service Canada — EI reconsideration — Current reconsideration process, ordinary 30-day filing period, confidentiality and the post-April-2026 appeal route.
- Service Canada — EI regular benefits after applying — Official guidance on EI decisions and reconsideration.