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{{LSLAP Manual TOC|expanded = EI}}
If the claimant is unhappy with the decision following the Reconsideration, the claimant may file an appeal to the SST. General information about the Tribunal appeal process can be found at: http://www.canada.ca/en/sst/index.html. A comprehensive guide to appeals to the General Division and Appeals Division called “Challenging A Decision About Your Employment Insurance Claim: Reconsideration and the Social Security Tribunal” can be found on the Community Legal Assistance Society website at : http://www.clasbc.net/self_help_guides.
== A. General Division ==
The SST must receive a claimant’s appeal '''within 30 days''' of the claimant’s becoming aware (including being told in a phone call) of the Reconsideration decision. There are two ways to file an appeal: #Fill out the Notice of Appeal to the SST General Division – EI form and mail or fax it to the SST. The form can be filled out on the computer and then printed or printed and filled out by hand. This form is accessible at the following link: http://www.servicecanada.gc.ca/eng/common/sst-tss/forms-formulaires/SST-NOA-GD-EI-E.pdf If the claimant is unable to print the form, the claimant may contact the SST and the Tribunal will send the form to the claimant. #Write the SST a letter of appeal containing ''all'' the information required in the form. If the claimant fails to provide all of the information required, the appeal may not be accepted.
#Fill out the Notice of Appeal to the SST General Division – EI form and mail or fax it to the SST. The form can be filled out on the computer and then printed or printed and filled out by hand. This form is accessible at the following link: http://www.servicecanada.gc.ca/eng/common/sst-tss/forms-formulaires/SST-NOA-GD-EI-E.pdf. If the claimant is unable to print the form, the claimant may contact the SST and the Tribunal will notify Service Canada send the form to the claimant.#Write the SST a letter of appeal containing all the information required in the form. If the claimant fails to provide all of your the information required, the appealmay not be accepted.
*Written: The Member will ask the claimant questions and request a written response by a certain date*Telephone*Videoconference*In-Person The Member will choose the type of hearing to be used. The Tribunal will telephone or write to the claimant to arrange the hearing. Following the hearing, the Member will send the claimant a copy of the decision.
=== 1. Discretionary Decisions ===
Discretionary decisions such as the Commission’s refusal to extend time, or its decision regarding the length of disqualification, can only be reversed if it is decided that the original decision:
*a) ignored or failed to consider a relevant factor, including something the Commission was unaware of, such as health problems or other mitigation; *b) acted on an irrelevant factor; *c) committed a jurisdictional error; or *d) acted against the principles of natural justice, such as acting with bias or bad faith.
The issue is whether the Commission’s exercise of discretion in the original decision was reasonable. However, where the Commission has failed to consider relevant evidence, or where there is new evidence presented for the first time by the claimant, the reviewer can exercise remedial authority by making the decision that should have been made. It is rarely difficult in a deserving case to show that the Commission has disregarded some relevant fact.
== B. Appeal Division ==
The Appeal Division of the SST must receive a claimant’s appeal '''within 30 days''' of the claimant’s receipt of the General Division’s decision. There are two ways to file an appeal: #Fill out the Notice of Appeal to the SST General Division – EI form and mail or fax it to the SST. The form can be filled out on the computer and then printed or printed and filled out by hand. This form is accessible at the following link: httphttps://www.servicecanadawww1.gccanada.ca/engen/commonsst/forms/sst-tss/formsnoa-gd-formulaires/SSTis(2016-ATATTAD10).pdf. If the claimant is unable to print the form, the claimant may contact the SST and the Tribunal will send the form to the claimant. #Write the SST a letter of appeal containing all the information required in the form. It is important to ensure that all of the required information is included. If a claimant submits an appeal form after the 30 days, the claimant can request an extension in the form. However, the decision is ultimately the Tribunal’s as to whether or not to grant the extension. When a Notice of Appeal is received, a Tribunal member will be assigned to the claimant’s file to decide whether or not to grant permission to allow the appeal to proceed. The grounds for appeal to the Appeal Division are:
*Telephone
*Videoconference *In-Person
The Member will choose the type of hearing to be used. Following the hearing, the Member will send the claimant a copy of the decision. The decisions of the Appeal Division are subject to review under the ''Federal Courts Act''.
== C. Re-opening a Decision ==
A claimant can apply to the Commission or the SST to rescind or amend a decision if there are new facts or the decision was made without knowledge of, or was based on a mistake as to, some material fact. This application can only be made once and must be submitted within one year of the decision. The form to re-open a decision is accessible at For more information, use the following link: http://www.servicecanadawww1.gccanada.ca/engen/commonsst/sst-tssap/formseigd-formulaires/SSTrescind-ATROAamend.html.pdf
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