How to Request a Reconsideration of an Employment Insurance Decision in Canada

When can you ask for an EI reconsideration?

If you disagree with a decision made about your Employment Insurance benefits, the formal first step is usually a request for reconsideration through Service Canada.

Common situations include being refused EI benefits, being found ineligible for certain weeks, being told that you must repay benefits, or disagreeing with a decision involving issues such as voluntary leaving, misconduct or availability for work.

Employers and certain other affected persons can also request reconsideration. For example, an employer may dispute a decision allowing a former employee to receive EI after voluntarily leaving or being dismissed for misconduct.

Check for new information before requesting reconsideration

Before filing the formal request, Service Canada recommends checking whether you have new information that could affect the original decision.

This might include documents, dates, explanations, employment information or other facts that were missing when the first decision was made. Submit relevant new information to Service Canada as soon as possible. Service Canada will review the claim to determine whether it changes the original decision.

If there is no new information, or the new information does not change the decision, you can proceed with the formal reconsideration request.

You normally have 30 days to request reconsideration

Under section 112 of the Employment Insurance Act, a claimant, employer or other qualifying person normally has 30 days after the decision is communicated to request reconsideration.

The 30-day period is tied to when the decision was communicated to you, not simply when you decide to challenge it. Because missing the deadline creates an additional hurdle, submit the request promptly and keep evidence of when it was delivered or mailed.

Can Service Canada accept a request after 30 days?

Possibly. Service Canada states that if your request is submitted after the 30-day period, you must explain the reason for the delay.

Under the Reconsideration Request Regulations, the Commission may extend the deadline when it is satisfied that there is a reasonable explanation for the delay and that you demonstrated a continuing intention to request reconsideration.

Additional conditions apply in certain cases. If the request is made more than 365 days after the decision was communicated, or in certain other situations specified in the regulations, the Commission must also be satisfied that the request has a reasonable chance of success and that allowing extra time would not prejudice the Commission or another party.

A late request is therefore not automatically rejected, but an extension is not automatic either. Explain the delay accurately and provide relevant supporting information.

Use Form INS5210 for the reconsideration request

The official form is INS5210, Request for Reconsideration of an Employment Insurance (EI) Decision.

The form asks for information including:

• the claimant or other person's identifying information;
• the claimant's Social Insurance Number where applicable;
• employer information where relevant;
• your mailing address and contact details;
• the EI decision or decisions that you want reconsidered;
• the date the decision was communicated verbally, where applicable;
• the date of the decision letter;
• the reasons you disagree with the decision; and
• additional information that was not available when the original decision was made.

If your claim contains more than one decision, identify clearly which decision or decisions you want the Commission to reconsider.

What should you write in your reconsideration request?

Explain specifically why you believe the original decision is incorrect. A useful explanation connects the disputed finding to the facts and evidence in your case instead of simply stating that you disagree.

For example, if the decision says you voluntarily left your employment, explain the circumstances that led to your departure and provide relevant information Service Canada may not have considered. If the dispute concerns availability for work, explain the relevant dates, job-search circumstances or other evidence. If you were ordered to repay benefits, identify which findings or amounts you believe are incorrect.

The form specifically asks you to include additional information not previously provided to Service Canada when it is relevant.

What supporting documents should you include?

There is no single document list that applies to every reconsideration because the evidence depends on the decision being disputed.

Useful evidence can include documents directly related to the issue, such as employment records, correspondence, records of events or conversations, medical information where relevant, or other documents that support the facts you want the reconsideration officer to assess.

Do not add unrelated paperwork simply to make the submission longer. Focus on evidence that can change or clarify the facts behind the EI decision.

How do you submit Form INS5210?

The current Service Canada procedure requires you to complete, print and sign Form INS5210 and submit it:

• in person to Service Canada; or
• by mail to one of the Service Canada addresses provided with the form.

The formal EI reconsideration request is not currently presented as a complete online filing process through My Service Canada Account. The form itself can be obtained electronically, but it must be printed and signed for submission under the current instructions.

There is no fee for requesting reconsideration.

Who reviews the decision and what do they consider?

The reconsideration is handled by a different Service Canada officer from the officer who made the original decision.

Service Canada's current procedure states that the reconsideration officer may:

• review the original decision and the documents already on file;
• gather and clarify new information from relevant parties, including a former employer;
• obtain additional documents;
• review new information received;
• assess the evidence related to the disputed issue;
• apply the relevant legislation and jurisprudence; and
• record reasons for the reconsideration decision.

This means reconsideration is a substantive review, not simply a check that the original paperwork was completed.

How long does an EI reconsideration take?

Employment and Social Development Canada's current service standard is to finalize Employment Insurance reconsideration decisions within 30 days after receiving the request, with a target of meeting that standard in 80% of cases.

The 30-day figure is a service standard, not a guaranteed legal completion date. Service Canada's reconsideration page states that processing time can vary depending on the complexity of the case.

The latest published EI monitoring results show that Service Canada did not consistently meet the 30-day standard in 2024-2025, so applicants should not assume every reconsideration will be completed within exactly one month.

What happens after the reconsideration review?

You will receive the reconsideration decision in writing.

If the decision is in your favour, Service Canada states that your claim will be adjusted and any EI benefits owed will be paid.

If the decision is not in your favour, the reconsideration officer will call to explain the decision and your right to appeal. Service Canada also provides a copy of the information used to make the decision separately.

If you still disagree, you can appeal to the EI Board of Appeal

The appeals system changed in 2026. Effective April 1, 2026, the Employment Insurance Board of Appeal of Canada replaced the Social Security Tribunal General Division for first-level appeals of EI reconsideration decisions.

If you disagree with Service Canada's reconsideration decision, you can appeal to the Employment Insurance Board of Appeal of Canada within 30 days of receiving the reconsideration decision.

The Board of Appeal process is separate from the Service Canada reconsideration itself. Complete the reconsideration stage first before using the appeal route for the same disputed EI decision.

Common mistakes to avoid

• Missing the 30-day filing deadline without explaining the delay.
• Failing to identify exactly which EI decision you want reconsidered.
• Writing only that the decision is unfair without explaining the factual or legal issue you dispute.
• Leaving out relevant new information that could affect the decision.
• Submitting an unsigned INS5210 form.
• Assuming the formal reconsideration can be filed entirely through My Service Canada Account under the current procedure.
• Ignoring calls or requests for information from the reconsideration officer.
• Confusing the initial reconsideration deadline with the separate 30-day deadline to appeal the reconsideration decision to the Employment Insurance Board of Appeal.