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Social Security Tribunal Regulations (SOR/2013-60)

Regulations are current to 2021-02-15 and last amended on 2013-12-12. Previous Versions

Social Security Tribunal Regulations

SOR/2013-60

DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPMENT ACT

Registration 2013-03-28

Social Security Tribunal Regulations

P.C. 2013-359 2013-03-28

His Excellency the Governor General in Council, on the recommendation of the Minister of Human Resources and Skills Development, pursuant to sections 69Footnote a and 70Footnote a of the Department of Human Resources and Skills Development ActFootnote b, makes the annexed Social Security Tribunal Regulations.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

Act

Act means the Department of Employment and Social Development Act. (Loi)

business day

business day means a day other than a Saturday or a Sunday or other holiday. (jour ouvrable)

party

party means

  • (a) in a proceeding before the Income Security Section, the appellant, the Minister and any person added as a party under section 65 of the Act or section 10;

  • (b) in a proceeding before the Employment Insurance Section, the appellant, the Commission and any person added as a party added under section 10;

  • (c) in a proceeding before the Appeal Division, the appellant, all other parties to the proceeding in the General Division and any person added as a party under section 65 of the Act or section 10; and

  • (d) in a proceeding to rescind or amend a decision, the applicant, the Minister or the Commission, any person added as a party under section 65 of the Act or section 10 and, if the proceeding is before the Appeal Division, all other parties to the proceeding in the General Division. (partie)

  • 2013, c. 40, s. 236

Marginal note:General principle

 These Regulations must be interpreted so as to secure the just, most expeditious and least expensive determination of appeals and applications.

General Provisions

Conduct of Proceedings

Marginal note:Informal conduct

  •  (1) The Tribunal

    • (a) must conduct proceedings as informally and quickly as the circumstances and the considerations of fairness and natural justice permit; and

    • (b) may, if there are special circumstances, vary a provision of these Regulations or dispense a party from compliance with a provision.

  • Marginal note:Proceeding by way of analogy

    (2) If a question of procedure that is not dealt with by these Regulations arises in a proceeding, the Tribunal must proceed by way of analogy to these Regulations.

Marginal note:Requests to Tribunal

 A party may request the Tribunal to provide for any matter concerning a proceeding, including the extension of a time limit imposed by these Regulations, by filing the request with the Tribunal.

Filing with Tribunal

Marginal note:Filing

  •  (1) Any document required to be filed by these Regulations must be filed with the Tribunal at the address, facsimile number or email address — or in accordance with the electronic filing procedure — provided by the Tribunal on its website.

  • Marginal note:Tribunal to provide copy to other parties

    (2) The Tribunal must provide a copy of any document filed by a party to the other parties to the proceeding without delay.

  • Marginal note:Exception

    (3) The Tribunal is not required to provide a copy of a document if it has previously provided a copy of the document to the other parties to the proceeding.

Marginal note:Change in contact information

 A party must file with the Tribunal a notice of any change in their contact information without delay.

Marginal note:Deemed filing dates

 The date of filing of an appeal, application or other document is deemed to be

  • (a) in the case of a document that is filed at the Tribunal’s address or sent by mail or by facsimile, the date indicated by the date received stamp placed on the document by the Tribunal; and

  • (b) in the case of a document that is filed by email or in accordance with the Tribunal’s electronic filing procedure, the date of receipt indicated by the Tribunal’s time stamp.

Marginal note:Deemed originals

 An appeal, application or other document that is filed by email, facsimile or the Tribunal’s electronic filing procedure is deemed to be the original of the document and the Tribunal may provide an electronic copy of it and certify the copy as a true copy.

Marginal note:Electronic version

 If the Tribunal creates an electronic version of an appeal, application or other document that is filed at the Tribunal’s address or sent by mail, the electronic version is deemed to be the original version of the document and the Tribunal may provide an electronic copy of it and certify the copy as a true copy.

Participation of Parties

Marginal note:Adding parties

  •  (1) The Tribunal may, on its own initiative or if a request is filed, add any person as a party to a proceeding if the person has a direct interest in the decision.

  • Marginal note:Request to be added as party

    (2) Any person may request that they be added as a party to a proceeding by filing a request that contains

    • (a) the person’s full name, address, telephone number and, if any, facsimile number and email address;

    • (b) a statement that sets out why the person has a direct interest in the decision;

    • (c) the name, address, telephone number and, if any, facsimile number and email address of any person authorized to represent the person; and

    • (d) a declaration that the information provided is true to the best of the person’s knowledge.

Marginal note:Requests to adjourn or postpone

  •  (1) A party may request that a hearing be adjourned or postponed by filing a request, with supporting reasons, with the Tribunal.

  • Marginal note:Subsequent requests by party

    (2) If the Tribunal grants an adjournment or postponement at the request of a party, the Tribunal must not grant the party a subsequent adjournment or postponement unless the party establishes that it is justified by exceptional circumstances.

Marginal note:Failure to appear

  •  (1) If a party fails to appear at a hearing, the Tribunal may proceed in the party’s absence if the Tribunal is satisfied that the party received notice of the hearing.

  • Marginal note:Previous adjournment or postponement

    (2) The Tribunal must proceed in a party’s absence if the Tribunal previously granted an adjournment or postponement at the request of the party and the Tribunal is satisfied that the party received notice of the hearing.

Marginal note:Joining of appeals or applications

 The Tribunal may, on its own initiative or if a request is filed by a party, deal with two or more appeals or applications jointly if

  • (a) a common question of law or fact arises in the appeals or applications; and

  • (b) no injustice is likely to be caused to any party to the appeals or applications.

Marginal note:Withdrawal

  •  (1) Subject to subsection (2), a person may withdraw their appeal or application at any time before a decision is rendered by filing a notice with the Tribunal.

  • Marginal note:Exception

    (2) In the case of a hearing held by teleconference, videoconference, other means of telecommunication or the personal appearance of the parties, a party may not withdraw their appeal or application after the conclusion of the hearing.

Conferences and Other Procedures

Marginal note:Pre-hearing

  •  (1) The Tribunal may, on its own initiative or if a request is filed by a party, request the parties to participate in a pre-hearing conference on any matter concerning an appeal or an application to rescind or amend a decision.

  • Marginal note:Form of conference

    (2) A pre-hearing conference may be held by teleconference, videoconference, other means of telecommunication or the personal appearance of the parties.

Marginal note:Dispute resolution

 The Tribunal may, on its own initiative or if a request is filed by a party, request the parties to participate in a dispute resolution process in order to encourage the parties to resolve the appeal or application.

Marginal note:Settlement conference

  •  (1) The Tribunal may, on its own initiative or if a request is filed by a party, hold a settlement conference with the parties for the purpose of resolving the appeal or application in whole or in part.

  • Marginal note:Member who holds conference

    (2) A member of the Tribunal who holds a settlement conference must not hear the appeal or application unless the parties consent to it.

  • Marginal note:No disclosure

    (3) All matters discussed at a conference and all documents relating to a settlement conference are confidential and cannot be disclosed to any person by the Tribunal or the parties unless the parties consent.

  • Marginal note:Form of conference

    (4) A settlement conference may be held by teleconference, videoconference, other means of telecommunication or the personal appearance of the parties.

 
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