Social Security Tribunal Regulations (SOR/2013-60)

Marginal note:Time to respond

42 Within 45 days after the day on which leave to appeal is granted, the parties may

• (a) file submissions with the Appeal Division; or

• (b) file a notice with the Appeal Division stating that they have no submissions to file.

Marginal note:Decision or further hearing

43 After every party has filed a notice that they have no submissions to file — or at the end of the period set out in section 42, whichever comes first — the Appeal Division must without delay

• (a) make a decision on the appeal; or

• (b) if it determines that further hearing is required, send a notice of hearing to the parties.

Marginal note:Decision made without delay

44 If a notice of hearing is sent to the parties, the Appeal Division must make its decision without delay after the conclusion of the hearing.

Rescinding or Amending Decisions

Marginal note:Application to rescind or amend

45 An application to rescind or amend a decision of the General Division or the Appeal Division is brought by filing the application 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:Application form and contents

• 46 (1) An application to rescind or amend a decision must be in the form set out by the Tribunal on its website and contain

  • (a) a copy of the decision that is the object of the application;

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

  • (c) a statement of the new facts or new material fact, as the case may be, that would allow the General Division or the Appeal Division to rescind or amend a decision under section 66 of the Act;

  • (d) any documents relied on by the applicant as evidence of the new facts or new material fact;

  • (e) if the application is brought by a person other than the Minister or the Commission, the applicant’s full name, address, telephone number and, if any, facsimile number and email address;

  • (f) if the application is brought by the Minister or the Commission, the address, telephone number, facsimile number and email address of the Minister or the Commission, as the case may be;

  • (g) an identifying number of the type specified by the Tribunal on its website for the purpose of the application; and

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

• Marginal note:Identifying number

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

  • (a) in the case of an applicant other than the Minister or the Commission, the applicant’s social insurance number or the business number assigned to the applicant 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:Time to respond

47 A party may, within 30 days after the day on which the General Division or the Appeal Division sends a copy of the application,

• (a) file documents or submissions with the General Division or the Appeal Division, as the case may be; or

• (b) file a notice with the General Division or the Appeal Division, as the case may be, that they have no documents or submissions to file.

Marginal note:Decision or further hearing

48 After every party has filed a notice that they have no documents or submissions to file — or at the end of the period set out in section 47, whichever comes first — the General Division or the Appeal Division, as the case may be, must without delay

• (a) make a decision on the application; or

• (b) if it determines that further hearing is required, send a notice of hearing to the parties.

Marginal note:Decision made without delay

49 If a notice of hearing is sent to the parties, the General Division or the Appeal Division, as the case may be, must make its decision without delay after the conclusion of the hearing.

Coming into Force

Marginal note:April 1, 2013

50 These Regulations come into force on April 1, 2013.