Appeal Dismissed for Being Out of Time - Social Security Tribunal Decision

Citation: JB  v  Canada Employment Insurance Commission , 2026  SST  65 Tribunal File Number: GE-26-167 BETWEEN: J. B. Appellant and Canada Employment Insurance Commission Respondent SOCIAL SECURITY TRIBUNAL

DECISION General Division – Employment Insurance Section

DECISION BY: [NAME] OF

DECISION: January 16, 2026 On this page Overview Analysis Conclusion Reasons and decision Overview [ 1 ] The Appellant applied for employment insurance ( EI ) benefits on June 14, 2024. [ 2 ] In a decision letter dated July 12, 2024, the Canada Employment Insurance Commission (Commission) said the Appellant wasn’t entitled to EI benefits because he lost his job due to his misconduct. [ 3 ] The Appellant submitted a request for reconsideration dated July 19, 2024, that was received by the Commission on July 22, 2024. [ 4 ] On October 2, 2024, the Commission issued its reconsideration decision under section 112 of the Employment Insurance Act (Act). The Appellant appealed that decision to the General Division of the Social Security Tribunal (Tribunal) on January 14, 2026. [ 5 ] Under subsection 52(2) of the Department of Employment and Social Development Act ( DESD Act), in no case may an appeal be brought to the General Division of the Tribunal more than one year after the day on which the Commission’s reconsideration decision was communicated to the Appellant. [ 6 ] I must decide whether the appeal was brought in time. Analysis [ 7 ] I find that the Commission’s reconsideration decision was communicated to the Appellant on October 2, 2024. [ 8 ] In a September 27, 2024, phone call record, a Commission officer wrote that she advised the Appellant that the Commission’s initial decision regarding misconduct was maintained on reconsideration. She wrote that she advised him of his right to appeal the reconsideration decision. [ 9 ] The Commission issued a Notice of Decision letter on October 2, 2024, maintaining its initial decision. [ 10 ] In his Notice of Appeal to the Tribunal, The Appellant said that he received the Commission’s reconsideration decision on October 2, 2024. [ 11 ] I find that the Commission’s reconsideration decision was communicated to the Appellant on October 2, 2024. This is the date the Appellant said he received the reconsideration decision. I see no evidence to contradict this. [ 12 ] I find that the Appellant brought the appeal to the General Division of the Tribunal on January 14, 2026. This is the date when he emailed the Notice of Appeal to the Tribunal. [ 13 ] Since the Appellant was made aware of the outcome of the Commission’s reconsideration decision on October 4, 2024, and only filed his Notice of Appeal on January 14, 2026, I find that the appeal was brought more than one year after the reconsideration decision was communicated to him. [ 14 ] The Tribunal must apply subsection 52(2) of the DESD Act, which clearly states that in no case may an appeal be brought more than one year after the reconsideration decision was communicated to the Appellant. [ 15 ] So, the appeal was not brought in time, and the General Division of the Tribunal cannot proceed to hear the Appellant’s appeal. Conclusion [ 16 ] The appeal to the General Division of the Tribunal was not brought in time and therefore will not proceed.