Social Security Tribunal Rules of Procedure (SOR/2022-256)

AMENDMENTS NOT IN FORCE

• — SOR/2026-45, s. 1

  • • 1 (1) Paragraph 2(2)(c) of the Social Security Tribunal Rules of ProcedureFootnote ¹ is repealed.

      • Return to footnote ¹SOR/2022-256

    • (2) Subsection 2(3) of the Rules is replaced by the following:

      • Appeal Division

        (3) The Tribunal’s Appeal Division decides appeals from General Division decisions and Board of Appeal decisions.

• — SOR/2026-45, s. 2

  • 2 Paragraph 3(h) of the Rules is replaced by the following:

    • (h) Part 8 sets out specific rules for Employment Insurance appeals at the Appeal Division; and

• — SOR/2026-45, s. 3

  • • 3 (1) The definitions appeal, appellant, Employment Insurance appeal and permission to appeal in section 5 of the Rules are replaced by the following:

      appeal

      appeal means an appeal to the Tribunal under Part 5 of the Department of Employment and Social Development Act. It includes an application for permission to appeal a General Division decision to the Appeal Division in an Income Security appeal. (appel)

      appellant

      appellant means

      • (a) the person who appeals a reconsideration decision to the General Division; or

      • (b) the person who appeals a General Division or Board of Appeal decision to the Appeal Division.

      At the Appeal Division, the appellant may be the Minister or the Commission. (appelant)

      Employment Insurance appeal

      Employment Insurance appeal means an appeal from a reconsideration decision that the Commission made under the Employment Insurance Act. It includes an appeal from a General Division Employment Insurance decision or Board of Appeal decision to the Appeal Division. (appel en assurance-emploi)

      permission to appeal

      permission to appeal means leave to appeal a General Division decision to the Appeal Division under section 58.1 of the Department of Employment and Social Development Act. (permission de faire appel)

    • (2) The definition Employment Insurance appeal in section 5 of the Rules is replaced by the following:

      Employment Insurance appeal

      Employment Insurance appeal means an appeal from a Board of Appeal decision to the Appeal Division. (appel en assurance-emploi)

    • (3) Paragraphs (b) to (d) of the definition party in section 5 of the Rules are replaced by the following:

      • (b) the appellant and any other party at the General Division or the Board of Appeal, for appeals at the Appeal Division; and

      • (c) any person added as a party under section 33. (partie)

    • (4) Paragraph (c) of the definition party in section 5 of the Rules is replaced by the following:

      • (c) the appellant and any other party at the General Division or the Board of Appeal, for appeals at the Appeal Division; and

    • (5) The definition reconsideration decision in section 5 of the Rules is amended by adding “or” at the end of paragraph (a.1), by striking out “or” at the end of paragraph (b) and by repealing paragraph (c).

    • (6) The definition reconsideration request in section 5 of the Rules is amended by adding “or” at the end of paragraph (a.1), by striking out “or” at the end of paragraph (b) and by repealing paragraph (c).

    • (7) Section 5 of the Rules is amended by adding the following in alphabetical order:

      Board of Appeal

      Board of Appeal means the Employment Insurance Board of Appeal. (Conseil d’appel)

• — SOR/2026-45, s. 4

  • 4 The heading before section 24 of the Rules is replaced by the following:

    Appealing a Decision in an Income Security Appeal

• — SOR/2026-45, s. 5

  • 5 The portion of subsection 24(1) of the Rules before paragraph (a) is replaced by the following:

    • How to appeal a reconsideration decision to the General Division

      • 24 (1) To appeal a reconsideration decision in an Income Security appeal, an appellant must file a notice of appeal with the Tribunal’s General Division. The notice must include

• — SOR/2026-45, s. 6

  • 6 Section 25 of the Rules is repealed.

• — SOR/2026-45, s. 7

  • • 7 (1) Subsections 26(2) and (3) of the Rules are replaced by the following:

      • When to file the application for permission to appeal

        (2) The appellant must file the application for permission to appeal by the deadline set out in section 57(1.1) of the Department of Employment and Social Development Act.

      • Getting permission to appeal

        (3) To be granted permission to appeal, the appellant must show that at least one of the criteria set out in section 58.1 of the Department of Employment and Social Development Act is met.

    • (2) Subsection 26(2) of the Rules is replaced by the following:

      • When to file the application for permission to appeal

        (2) The appellant must file the application for permission to appeal by the deadline set out in section 57(1) of the Department of Employment and Social Development Act.

• — SOR/2026-45, s. 8

  • 8 The Rules are amended by adding the following after section 26:

    Appealing a Decision in an Employment Insurance Appeal

    • How to appeal a Board of Appeal decision to the Appeal Division

      • 26.1 (1) To appeal a Board of Appeal decision, an appellant must file a notice of appeal with the Tribunal’s Appeal Division. The notice must include

        • (a) the appellant’s full name;

        • (b) the appellant’s contact information;

        • (c) the appellant’s reasons for appealing;

        • (d) a copy of the Board of Appeal decision; and

        • (e) contact information, if known, for any other person, other than the Commission, who was a party at the Board of Appeal.

      • Identifying number

        (2) The Tribunal may ask an appellant to include a social insurance number, a Canada Revenue Agency business number or any other identifying number with their notice of appeal. The appellant must provide the number that the Tribunal asks for.

      • When to file the notice of appeal

        (3) The appellant must file the notice of appeal by the deadline set out in section 54.2(1) of the Department of Employment and Social Development Act.

      • Confirming the notice of appeal was received

        (4) The Tribunal notifies the appellant when it receives their notice of appeal.

      • Receiving a Board of Appeal decision

        (5) A Board of Appeal decision is considered received by the appellant

        • (a) 10 days after the day it was sent, if the decision is sent by regular mail;

        • (b) on the date of the delivery confirmation receipt, if the decision is sent by registered mail or courier; or

        • (c) on the next business day, if the decision is sent by email or another electronic method.

      • Exception

        (6) The Tribunal applies section 26.1(5) unless the appellant shows why the Tribunal should not do so.

    • How to appeal a General Division decision to the Appeal Division

      • 26.2 (1) To appeal a General Division decision in an Employment Insurance appeal, an appellant must file a notice of appeal with the Tribunal’s Appeal Division. The notice must include

        • (a) the appellant’s full name;

        • (b) the appellant’s contact information;

        • (c) the appellant’s reasons for appealing; and

        • (d) a copy of the General Division decision, the date of the General Division decision or the General Division file number.

      • When to file the notice of appeal

        (2) The appellant must file the notice of appeal by the deadline set out in section 57(1) of the Department of Employment and Social Development Act.

      • Confirming the notice of appeal was received

        (3) The Tribunal notifies the appellant when it receives their notice of appeal.

• — SOR/2026-45, s. 9

  • 9 Section 26.2 of the Rules is repealed.

• — SOR/2026-45, s. 10

  • 10 Subsection 33(1) of the Rules is replaced by the following:

    • When the Tribunal automatically adds a party

      • 33 (1) The Tribunal must add a person as a party to an Income Security appeal when the Minister notifies the Tribunal of that person under section 65 of the Department of Employment and Social Development Act.

• — SOR/2026-45, s. 11

  • • 11 (1) Paragraphs 40(a) to (d) of the Rules are replaced by the following:

      • (a) an Income Security appeal at the General Division;

      • (b) an Income Security appeal at the Appeal Division; and

      • (c) an Employment Insurance appeal, if the appeal is about a question of constitutional law.

    • (2) Section 40 of the Rules is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

      • (d) an Employment Insurance appeal at the Appeal Division, if the appeal is from a Board of Appeal decision and is about a question of constitutional law.

• — SOR/2026-45, s. 12

  • • 12 (1) The portion of subsection 41(1) of the Rules before paragraph (a) is replaced by the following:

      • How to notify the Tribunal about a witness

        • 41 (1) If a party wants to have a witness testify in an Income Security appeal or in an Employment Insurance appeal that is about a question of constitutional law, the party must file a notice with the Tribunal by the filing deadline. The notice must include the following information:

    • (2) The portion of subsection 41(1) of the Rules before paragraph (a) is replaced by the following:

      • How to notify the Tribunal about a witness

        • 41 (1) If a party wants to have a witness testify, the party must file a notice with the Tribunal by the filing deadline. The notice must include the following information:

• — SOR/2026-45, s. 13

  • 13 Subsection 42(1) of the Rules is replaced by the following:

    • If a party files evidence or written arguments after a deadline

      • 42 (1) The Tribunal must not consider any evidence or written argument that a party files after a filing deadline set by the Tribunal unless it gives the party permission to use that evidence or written argument.

• — SOR/2026-45, s. 14

  • 14 Sections 50 to 53 of the Rules and the heading after section 53 are replaced by the following:

    • What Part 8 is about

      50 This Part sets out specific rules for Employment Insurance appeals at the Appeal Division.

• — SOR/2026-45, s. 15

  • 15 Sections 54 and 55 of the Rules are replaced by the following:

    • Notifying the Board of Appeal

      • 54 (1) The Tribunal notifies the Board of Appeal when an appellant files a notice of appeal from a Board of Appeal decision.

      • Sending the Tribunal the appeal record

        (2) Within seven business days after the day the Tribunal notifies the Board of Appeal, the Board of Appeal must send the Tribunal

        • (a) contact information for any party, if the Tribunal asks for it; and

        • (b) the appeal record, which must include a copy of the following:

          • (i) the Commission’s reconsideration file sent to the Board of Appeal,

          • (ii) all other documents that were before the Board of Appeal members when reaching their decision, including all documents a party sent the Board of Appeal (such as forms, letters, evidence and arguments) and all documents the Board of Appeal sent a party (such as notices, letters and decisions), and

          • (iii) any recording of the hearing.

      • Filing in a single organized file

        (3) The documents referred to in section 54(2)(b)(ii) must be filed in a single organized file.

      • Filing in a specific form and manner

        (4) The Tribunal may require that the Board of Appeal file any document referred to in section 54(2)(b)(ii) or any recording referred to in section 54(2)(b)(iii) in a specific form and manner.

      • Sending copies to parties

        (5) The Tribunal must send the parties a copy of the documents in the appeal record. If the appeal record includes a recording of the hearing and a party asks for a copy of it, the Tribunal must send a copy to all parties.

    • Sending filing deadlines

      • 55 (1) The Tribunal must send the parties the deadlines for filing arguments.

      • Questions of constitutional law

        (2) If an appeal is about a question of constitutional law, the deadlines may include deadlines for filing evidence.

      • If a party is filing evidence or arguments

        (3) Parties must file any evidence or arguments by the filing deadlines.

      • Changing the filing deadlines

        (4) The Tribunal may change the filing deadlines if it considers the change necessary. The Tribunal must then send the parties the new deadlines.

• — SOR/2026-45, s. 16

  • 16 The Rules are amended by adding the following after section 59:

    • Sending a copy of the decision to the Board of Appeal

      60 For Employment Insurance appeals at the Appeal Division, the Appeal Division sends a copy of its final decision to the Board of Appeal if the appeal is from

      • (a) a Board of Appeal decision; or

      • (b) a General Division Employment Insurance decision that is being referred back to the Board of Appeal for reconsideration.

• — SOR/2026-45, s. 17

  • 17 Section 60 of the Rules is replaced by the following:

    • Sending a copy of the decision to the Board of Appeal

      60 For Employment Insurance appeals, the Appeal Division sends a copy of its final decision to the Board of Appeal.

• — SOR/2026-45, s. 18

  • 18 An appeal from a General Division Employment Insurance decision to the Appeal Division is to be dealt with in accordance with the Social Security Tribunal Rules of Procedure as they read immediately before the day on which this section comes into force.