Applying
EI Denied? Reconsideration Within 30 Days
Short answer
In 2026, if you disagree with an EI decision, you first ask Service Canada for a reconsideration, using form INS5210, within 30 days after the decision was communicated to you; it's free, and a different officer reviews your file. If the reconsideration goes against you, you can appeal to the Employment Insurance Board of Appeal within 30 days of receiving that decision: since April 1, 2026, the Board has replaced the Social Security Tribunal's General Division for these appeals. Late requests at either step need a reasonable explanation, and the Board can't extend its deadline past one year.
First, read the decision closely
A refusal is a decision on a specific question, not a judgment on you. The letter (or the call that came before it) says what was decided and why. The most common reasons are:
- Not enough insurable hours for your region in the qualifying period (between 420 and 700 hours for regular benefits in 2026, depending on the regional unemployment rate; check yours on the regions page).
- The reason your job ended: Service Canada decided you quit without just cause or lost the job because of misconduct.
- Availability: you weren't shown to be ready, willing and capable of working each day, for example because of school, travel or limits on the work you'd accept.
- A late application or report, or information Service Canada asked for and didn't get.
- An overpayment or money that was deducted from your benefits.
Note the date the decision was communicated to you. That starts your 30 days. In My Service Canada Account you can also read why you aren't eligible and print most letters. Our guide to disentitlement and disqualification explains what the two main kinds of refusal mean.
One recent change can matter for refusals over why you left a job. Under Pilot Project No. 25, for claims starting October 11, 2026 to October 9, 2027, only your most recent job separation is reviewed. The measure is temporary and only covers claims starting in that window.
Before you file: try new information
If the refusal happened because something was missing or wrong, the fastest fix may not be a reconsideration at all. Canada.ca says you can send Service Canada new information first, and officers will check whether it changes the decision. Typical examples are a corrected or late ROE, a medical note that explains why you couldn't work or apply, or emails showing your employer cut your hours before you quit.
Don't let this eat your deadline, though. If you're close to day 30 and haven't heard back, file the reconsideration request anyway and attach the same documents.
How to request a reconsideration
A reconsideration is Service Canada taking a second look at its own decision. It costs nothing, and it has to come first: you can't go straight to an appeal.
- Deadline: within 30 days after the date the decision was communicated to you.
- How: fill in, print and sign the Request for reconsideration of an Employment Insurance (EI) decision (form INS5210). Submit it in person at a Service Canada Centre or by mail.
- What to include: which decision you disagree with, why, and the evidence. Stick to facts and dates. If you quit, explain the situation and what you tried before leaving. If the issue is availability, show your job search and what you were doing each day.
- Someone helping you? If you want Service Canada to discuss your file with a friend, family member or advocate, you also complete form INS3124 (consent to disclosure) and submit it in person or by mail.
Late? You can still ask after 30 days. Explain why you're late; Service Canada may accept the request if it finds the reason reasonable. A long, unexplained delay is much harder to excuse, so send it as soon as you can.
Example: Leila's claim is refused in a call and letter on Monday, November 9, 2026. Thirty days later is Wednesday, December 9, 2026. She gathers her employer emails over the weekend and drops off a signed INS5210 at her Service Canada Centre on Monday, November 16, with weeks to spare.
What happens during and after the review
A different officer from the one who made the first decision reviews your file. They may contact you and other people involved, such as your former employer, and gather documents. Canada.ca says the review is done as quickly as possible but the time depends on how complicated the case is.
You get the result in writing. If it goes your way, your claim is adjusted and any benefits owed to you are paid. If it doesn't, an officer calls you to explain the decision and your right to appeal, and a copy of the information used is sent separately. Keep it: you'll need it for an appeal.
While you wait, keep filing your biweekly reports if you still have an active claim. A report you skip now can create a second problem later. See after you apply: reports and your access code.
Appealing to the EI Board of Appeal
The appeal system changed in 2026. As canada.ca puts it, as of April 1, 2026, the Employment Insurance Board of Appeal (EI BOA) has replaced the Social Security Tribunal (SST) General Division for appeals of EI reconsideration decisions. Older articles and forums that send you to the SST General Division are out of date for new appeals.
- What you can appeal: the reconsideration decision, including a decision about whether to accept a late reconsideration request.
- Deadline: within 30 days of receiving the reconsideration decision.
- Late appeals: under the Department of Employment and Social Development Act, the Board can allow more time, but never more than one year after the decision was communicated to you.
- Who decides: the Board is an independent tribunal. Appeals are heard by three-member panels representing government, employers and workers.
The canada.ca reconsideration page links to the Board's own site for how to file, prepare for a hearing and what to expect. If you disagree with the Board's decision, there is a further level of appeal at the Social Security Tribunal's Appeal Division, also with a 30-day deadline from the day you receive the Board's decision. Check the Board's and the Tribunal's instructions for your case before you file.
Every claim is decided by Service Canada, not by MyEI. MyEI is an independent information and estimate tool, is not affiliated with Service Canada or the Government of Canada, and this page is not legal advice. For your own file, call Service Canada at 1-800-206-7218 or start from canada.ca/en/services/benefits/ei.html. A legal clinic or community advocate can help with a hearing.
Before you ask for a reconsideration, check
- I know exactly which decision I disagree with and the reason given
- I know the date the decision was communicated to me, and today is within 30 days of it
- I've checked whether new information (a corrected ROE, a medical note, emails) answers the problem
- I have dates, names and documents that support my side
- I've filled in, printed and signed form INS5210
- If someone is helping me, I've completed form INS3124 so Service Canada can talk to them
- I'm still filing my biweekly reports if my claim is active
- If I'm past 30 days, I've written down why I'm late
Challenging an EI decision, step by step
Find the decision date and count 30 days 5 min
Use the date the decision was communicated to you. Put the deadline in your calendar and aim to file in the first two weeks.
Read the reason and your file 20 min
Check the letter and My Service Canada Account, where you can see why you aren't eligible and print most letters.
Gather evidence 1–2 hours
ROEs, pay stubs, emails or texts from your employer, medical notes, your job search record. Make copies; keep the originals.
Complete and sign form INS5210 30 min
Explain in plain, factual terms why the decision is wrong. Add form INS3124 if a helper will talk to Service Canada for you.
Submit in person or by mail 1 hour
At a Service Canada Centre, or by mail with a record of when you sent it. There's no fee.
Answer the officer's questions Varies
A different officer reviews the file and may call you or your former employer. Keep reporting if your claim is active.
If refused, appeal to the EI Board of Appeal Within 30 days
Count 30 days from the day you receive the reconsideration decision and follow the Board's filing instructions linked from canada.ca.
Deadlines from refusal to appeal
- Day 0Decision communicated to you
By phone, letter or My Service Canada Account. Note the date.
- Days 1–14Best window to file
Send new information or your INS5210 request while the details are fresh.
- Day 30Reconsideration deadline
After this, you must explain the delay and Service Canada decides whether to accept it.
- VariesReconsideration decision
In writing. If it's against you, an officer calls to explain it and your appeal rights.
- 30 days after you receive itEI Board of Appeal deadline
For appeals of reconsideration decisions (since April 1, 2026). The Board can extend, but not past one year.
- 30 days after the Board's decisionFurther appeal
To the Social Security Tribunal's Appeal Division, if you disagree with the Board.
Common mistakes
Waiting for a callback instead of filing
Calling Service Canada or sending new documents doesn't stop the 30-day clock. If you're near the deadline without an answer, file the INS5210 request and attach the same evidence.
Appealing to the wrong body
Since April 1, 2026, appeals of EI reconsideration decisions go to the EI Board of Appeal, not the Social Security Tribunal General Division. And you can't skip reconsideration: an appeal is only possible once Service Canada has reconsidered.
Arguing feelings instead of facts
"It's unfair" doesn't change a decision. Dates, documents and a clear account of what happened do. Answer the exact reason given, for example why you had no reasonable alternative to quitting, or how you were available for work each day.
FAQ
How long do I have to ask for an EI reconsideration?
How do I request a reconsideration of an EI decision?
Who hears EI appeals in 2026?
How long does an EI reconsideration take?
Can I appeal an EI decision more than a year later?
Sources
- Request for reconsideration of an Employment Insurance decision (canada.ca)
- EI regular benefits: After you apply (canada.ca)
- EI regular benefits: Eligibility (canada.ca)
- Employment Insurance Act, section 113: appeal to the Board of Appeal (Justice Laws)
- Department of Employment and Social Development Act, section 43.11: appeal deadline and extensions (Justice Laws)
- Temporary EI measures to respond to major changes in economic conditions (canada.ca)
Checked on November 7, 2026. Numbers are reviewed every January and whenever Service Canada changes a rule.
Questions about your own claim? Contact Service Canada at 1-800-206-7218 or canada.ca/ei. MyEI.ca is independent and does not apply for you.