4. The EI appeal system

The EI appeal system consists of two levels of appeal: the Board of Referees and the Umpire. While the decisions of the Umpire are final, there are some situations that can be reviewed by the Federal Court of Appeal and, ultimately, the Supreme Court of Canada. There are certain fees involved in appeals beyond the Umpire level.

Section 111 of the EI Act  provides for the establishment of Boards of Referees and gives the Commission the power to make regulations with respect to the appointment of panel members, the constitution of a quorum, and the practices and procedures of the Board of Referees.

Section 112 of the EI Act  provides for the appointment of Umpires.

Section 114 of the EI Act  provides that claimants (or others subject to a Commission decision) and employers may appeal the Commission's decisions to the Board of Referees.

Section 115 of the EI Act  provides that a decision by a Board of Referees may be appealed to the Umpire by claimants, other persons who are the subject of a decision of the Commission, employers, organizations to which claimants or employers belong, or the Commission, on the following grounds:

• the Board of Referees failed to exercise or exceeded its jurisdiction, or failed to observe a principle of natural justice;
  
  
• the Board of Referees erred in law; or
  
  
• 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.