Constitutional Questions

Marginal note:Filing of notice

• 1 (1) A party who wants to challenge the constitutional validity, applicability or operability of a 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 rules or regulations made under any of those Acts must file a notice with the Tribunal that sets out

  • (a) the provision that will be challenged;

  • (b) the material facts relied on to support the constitutional challenge; and

  • (c) a summary of the legal argument to be made in support of the constitutional challenge.

• Marginal note:Service of notice

  (2) At least 10 days before the date set for the hearing of the appeal or application, the party must serve notice of the challenge 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 file proof of service

  (3) If proof of service has not been filed in accordance with subsection (2), the Tribunal may, on its own initiative or on the request of a party, postpone or adjourn the hearing.

Format of Hearing

Marginal note:Format of hearing

• 2 (1) A Tribunal hearing must be held in one of the following formats, as requested by the appellant:

  • (a) in writing;

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

  • (c) in person.

• Marginal note:Exception — other parties

  (2) Despite subsection (1), the Tribunal may allow any other party to participate in a hearing by a means other than the format requested by the appellant if the Tribunal determines that it is warranted based on the needs and circumstances of that party.

• Marginal note:Exception — circumstances

  (3) Despite subsection (1), the Tribunal may hold a hearing, in whole or in part, in a format other than that requested by the appellant if the Tribunal determines that the requested format

  • (a) would not allow for a full and fair hearing;

  • (b) would raise security or health concerns that cannot be mitigated to the Tribunal’s satisfaction; or

  • (c) would be impractical in extraordinary circumstances such as fire, flood, epidemic, natural disaster, political turmoil, act of terrorism or major accident.

Confidentiality of Proceeding

Marginal note:Private hearing and restricted access

3 The Tribunal may, on request or on its own initiative, hold a hearing, in whole or in part, in private and restrict public access to all or part of the appeal record if it determines that reasonable alternative measures cannot adequately mitigate any of the following serious risks that could result from a public hearing and public access:

• (a) a serious risk that the disclosure of personal information, such as medical information, would cause undue hardship to a person that outweighs the societal interest that the hearing and appeal record be public;

• (b) a serious risk to the life, liberty or security of a person;

• (c) a serious risk to the fairness of the proceeding that outweighs the societal interest that the hearing and appeal record be public;

• (d) a serious risk to public security.

Consequential Amendment, Repeal and Coming into Force

Consequential Amendment to the Old Age Security Regulations

4 [Amendments]

Repeal

5 The Social Security Tribunal RegulationsFootnote ² are repealed.

• Return to footnote ²SOR/2013-60

Coming into Force

Marginal note:S.C. 2021, c. 23

Footnote ^*6 These Regulations come into force on the day on which Division 20 of Part 4 of the Budget Implementation Act, 2021, No. 1 comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

• Return to footnote ^*[Note: Regulations in force December 5, 2022, see SI/2022-59.]