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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

General Provisions (continued)

Conferences and Other Procedures (continued)

Marginal note:Agreement between parties

 The parties to an appeal or an application may request the Tribunal to make a decision based on an agreement between the parties by filing the request and the agreement, signed by all the parties, with the Tribunal.

Deemed Communication of Decisions and Other Documents

Marginal note:When decisions deemed communicated

  •  (1) A decision made under subsection 53(1), 54(1), 58(3), 59(1) or 66(1) of the Act is deemed to have been communicated to a party

    • (a) if sent by ordinary mail, 10 days after the day on which it is mailed to the party;

    • (b) if sent by registered mail or courier, on

      • (i) the date recorded on the acknowledgement of receipt, or

      • (ii) the date it is delivered to the last known address of the party; and

    • (c) if sent by facsimile, email or other electronic means, the next business day after the day on which it is transmitted.

  • Marginal note:Other documents sent by Tribunal

    (2) Subsection (1) also applies to any other document sent by the Tribunal to a party.

Constitutional Issues

Marginal note:Filing and service

  •  (1) If the constitutional validity, applicability or operability of any provision of the Canada Pension Plan, the Old Age Security Act, the Employment Insurance Act, Part 5 of the Department of Employment and Social Development Act or the regulations made under any of those Acts is to be put at issue before the Tribunal, the party raising the issue must

    • (a) file a notice with the Tribunal that

      • (i) sets out the provision that is at issue, and

      • (ii) contains any submissions in support of the issue that is raised; and

    • (b) at least 10 days before the date set for the hearing of the appeal or application, serve notice of that issue on the persons referred to in subsection 57(1) of the Federal Courts Act and file a copy of the notice and proof of service with the Tribunal.

  • Marginal note:Failure to prove service

    (2) If the proof of service required by paragraph (1)(b) has not been filed in accordance with that paragraph, the Tribunal may, on its own initiative or on the request of a party, adjourn or postpone the hearing.

  • Marginal note:Time limits for documents and submissions

    (3) If a notice is filed under paragraph (1)(a), the time limits for filing documents or submissions set out in these Regulations do not apply and the Tribunal may direct the parties to file documents or submissions within the time limits it establishes.

  • 2013, c. 40, s. 236

Form of Hearing

Marginal note:Notice of hearing

 If a notice of hearing is sent by the Tribunal under these Regulations, the Tribunal may hold the hearing by way of

  • (a) written questions and answers;

  • (b) teleconference, videoconference or other means of telecommunication; or

  • (c) the personal appearance of the parties.

Summary Dismissal

Marginal note:Notice to appellant

  •  (1) Before summarily dismissing an appeal pursuant to subsection 53(1) of the Act, the General Division must give notice in writing to the appellant and allow the appellant a reasonable period of time to make submissions.

  • Marginal note:Decision made without delay

    (2) After the appellant has been allowed a reasonable period of time to make submissions, the General Division must make its decision without delay.

Appeals to General Division

Filing of Appeal

Marginal note:Filing

 An appeal of a decision to the General Division is brought by filing the appeal 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:Appeal form and contents

  •  (1) An appeal must be in the form set out by the Tribunal on its website and contain

    • (a) a copy of the decision that was made under subsection 81(2) or (3) of the Canada Pension Plan, subsection 27.1(2) of the Old Age Security Act or section 112 of the Employment Insurance Act;

    • (b) the date the decision was communicated to the appellant;

    • (c) if a person is authorized to represent the appellant, the person’s name, address, telephone number and, if any, facsimile number and email address;

    • (d) the grounds for the appeal;

    • (e) any documents or submissions that the appellant relies on in their appeal;

    • (f) an identifying number of the type specified by the Tribunal on its website for the purpose of the appeal;

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

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

  • Marginal note:Identifying number

    (2) For the purposes of paragraph (1)(f), the Tribunal must specify on its website a type of identifying number which may include

    • (a) the appellant’s social insurance number or the business number assigned to the appellant by the Minister of National Revenue;

    • (b) the number assigned to a decision made under subsection 81(2) or (3) of the Canada Pension Plan, subsection 27.1(2) of the Old Age Security Act or section 112 of the Employment Insurance Act; or

    • (c) any other type of identifying number.

Marginal note:Extension of time for bringing appeal

 A person who does not file an appeal within the time limits set out in subsection 52(1) of the Act may request an extension of time by filing their appeal with a statement that sets out the reasons why the General Division should allow further time for the bringing of the appeal.

Appeals Before Income Security Section

Marginal note:Documents to be filed by Minister

 The Minister must, within 20 days after the day on which the Minister receives a copy of an appeal, file the following with the Income Security Section:

Marginal note:Time to respond

  •  (1) Within 365 days after the day on which the appeal is filed, the parties may

    • (a) file additional documents or submissions with the Income Security Section; or

    • (b) file a notice with the Income Security Section stating that they have no documents or submissions to file.

  • Marginal note:Additional time

    (2) If a party files documents or submissions within 30 days before the end of the 365-day period, the other parties have an additional 30 days after the end of that period to file documents or submissions in response.

 
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