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

PART 6Procedures that Apply in Certain Situations

Marginal note:What Part 6 is about

34 This Part sets out various procedures that may apply in the appeal process.

Joining Appeals

Marginal note:When the Tribunal may join appeals

35 The Tribunal may deal with two or more appeals together if

• (a) the appeals raise a common question; and

• (b) joining the appeals is not unfair to the parties.

Limiting Public Access to the Appeal

Marginal note:If a party wants to limit public access

• 36 (1) A party may ask the Tribunal to limit public access to an oral hearing or the appeal record. To do this, the party must file a request with the Tribunal.

• Marginal note:What information to include with the request

  (2) The party’s request must set out

  • (a) the serious risk described in section 3 of the Social Security Tribunal Regulations, 2022 that is leading the party to ask the Tribunal to limit public access;

  • (b) the information or documents they want to limit public access to; and

  • (c) the reasons why reasonable alternative measures cannot adequately reduce the serious risk.

Holding Conferences

Marginal note:What a conference may cover

• 37 (1) The Tribunal may hold a conference with the parties to talk about the appeal. A conference may include discussions about any matter, such as

  • (a) the step the appeal is at and the next steps in the appeal process;

  • (b) the issues in the appeal;

  • (c) the Tribunal’s authority to do or decide something;

  • (d) the deadlines for filing documents; and

  • (e) ways to settle the appeal without a hearing.

• Marginal note:How a conference takes place

  (2) A conference may take place

  • (a) by phone;

  • (b) by video or other type of telecommunication; or

  • (c) in person.

Marginal note:If a conference is a settlement conference

• 38 (1) If a conference is a settlement conference, documents related to the conference and discussions at the conference must not be disclosed. The documents are not part of the appeal record.

• Marginal note:Exception

  (2) If all parties agree, the documents and discussions may be disclosed and the documents may be included in the appeal record.

• Marginal note:If there is a hearing after a settlement conference

  (3) The Tribunal member who holds a settlement conference must not hear the appeal unless all parties agree.

Deciding Based on an Agreement

Marginal note:If the parties reach an agreement

• 39 (1) A party may ask the Tribunal to make a decision based on an agreement that the parties have reached and signed. To do this, the party must file a request and the agreement with the Tribunal.

• Marginal note:Exception

  (2) The party does not need to file a request or an agreement if they reach the agreement at a settlement conference.

Having a Witness Participate

Marginal note:Having a witness at an oral hearing

40 A party may have a witness testify at an oral hearing in the following types of appeals:

• (a) an Employment Insurance appeal at the General Division;

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

• (c) an Income Security appeal at the Appeal Division.

Marginal note:How to notify the Tribunal about a witness in an Income Security appeal

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

  • (a) the witness’s full name;

  • (b) the relationship between the party and the witness; and

  • (c) the language the witness will use to testify.

• Marginal note:Other information to include about certain witnesses

  (2) If a witness is testifying as a professional, the notice must also include the following:

  • (a) the witness’s résumé; and

  • (b) a list of the documents filed with the Tribunal that the witness will testify about or a summary of what the witness will testify about.

• Marginal note:Exception

  (3) Section 41(2) does not apply to a witness who is a health care professional who treated the party seeking benefits.

• Marginal note:Admitting evidence from a professional

  (4) The Tribunal does not qualify any witness as an expert before admitting the witness’s evidence.

• Marginal note:Exception

  (5) If a party wants to testify, they do not need to file a notice.

Handling Late Evidence or Written Arguments

Marginal note: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 or these Rules unless it gives the party permission to use that evidence or written argument.

• Marginal note:What factors the Tribunal considers

  (2) When deciding whether to give a party permission, the Tribunal must consider any relevant factor. For example, the Tribunal considers whether

  • (a) the evidence or argument is relevant;

  • (b) the evidence or argument is new;

  • (c) the party could have filed the evidence or argument earlier;

  • (d) giving permission would be unfair to a party; and

  • (e) giving permission would cause delays.

• Marginal note:Deciding without arguments from other parties

  (3) The Tribunal decides whether to give permission without asking the other parties for arguments unless fairness requires the Tribunal to ask.

Rescheduling a Hearing

Marginal note:Asking to reschedule a hearing

• 43 (1) A party may ask the Tribunal to reschedule a hearing. The Tribunal must reschedule the party’s hearing when

  • (a) they are asking for the first time;

  • (b) the original hearing was not scheduled according to their availability or their representative’s availability;

  • (c) they ask at least five business days before the original hearing date; and

  • (d) they are available for a hearing within two weeks before or after the original hearing date.

• Marginal note:Explaining why the hearing needs to be rescheduled

  (2) If a party wants to reschedule a hearing but does not meet the conditions set out in section 43(1), the party must file a request with the Tribunal. The request must explain why they want the hearing rescheduled.

• Marginal note:Rescheduling for fairness reasons

  (3) The Tribunal may reschedule the hearing only if it is necessary for a fair hearing. The Tribunal decides whether to reschedule without asking the other parties for arguments unless fairness requires the Tribunal to ask.

Withdrawing an Appeal

Marginal note:How to withdraw an appeal

44 An appellant may withdraw their appeal. They may do this by notifying the Tribunal anytime

• (a) before the hearing ends, when there is an oral hearing; or

• (b) before the Tribunal gives its decision, when there is a hearing in writing.

PART 7Income Security Appeal Process

Marginal note:What Part 7 is about

45 This Part sets out specific rules for Income Security appeals at the General Division and Appeal Division.

Income Security Appeals at the General Division

Marginal note:Filing the reconsideration file

• 46 (1) The Minister must file the reconsideration file with the Tribunal within 20 days after the day the Minister receives a copy of the notice of appeal.

• Marginal note:Filing in a single organized file

  (1.1) The reconsideration file must be filed in a single organized file. The Tribunal may require that it be filed in a specific form and manner.

• Marginal note:What to include with the reconsideration file

  (2) The reconsideration file must include a copy of the following:

  • (a) the application that led to the reconsideration request;

  • (b) the reconsideration request;

  • (c) the reconsideration decision; and

  • (d) all other relevant documents, including, if applicable,

    • (i) the notification referred to in section 46 or 46.1 of the Canada Pension Plan Regulations,

    • (ii) a document that sets out the information referred to in section 54(2) of the Canada Pension Plan Regulations,

    • (iii) the notice referred to in section 60(7) of the Canada Pension Plan, and

    • (iv) the notice referred to in section 16 or 24 of the Old Age Security Act.

Marginal note:Sending filing deadlines

• 47 (1) The Tribunal must send the parties the deadlines for filing evidence, arguments or any other documents.

• Marginal note:If a party is filing evidence, arguments or other documents

  (2) Parties must file any evidence, arguments or other documents by the filing deadlines.

• Marginal note:Changing the filing deadlines

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

• Marginal note:Two-year limit

  (4) The Tribunal must not set a filing deadline that falls more than two years after the day the appellant filed the notice of appeal unless there are exceptional circumstances.

Income Security Appeals at the Appeal Division

Marginal note:Asking for more information — permission to appeal

• 48 (1) The Tribunal may ask an appellant for more information before it decides whether to grant permission to appeal a General Division decision.

• Marginal note:Deciding without arguments from other parties

  (2) The Tribunal decides whether to grant permission to appeal without asking the other parties for arguments.

Marginal note:Sending filing deadlines

• 49 (1) If it grants permission to appeal, the Tribunal must send the parties the deadlines for filing evidence, arguments or any other documents.

• Marginal note:If a party is filing evidence, arguments or other documents

  (2) Parties must file any evidence, arguments or other documents by the filing deadlines.

• Marginal note:Changing the filing deadlines

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

PART 8Employment Insurance Appeal Process

Marginal note:What Part 8 is about

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

Employment Insurance Appeals at the General Division

Marginal note:Filing the reconsideration file

• 51 (1) The Commission must file the reconsideration file with the Tribunal within seven business days after the day the Commission receives a copy of the notice of appeal.

• Marginal note:What to include with the reconsideration file

  (2) The reconsideration file must include a copy of the following:

  • (a) the reconsideration request;

  • (b) the reconsideration decision;

  • (c) all other relevant documents; and

  • (d) a document that sets out the Commission’s arguments, if it has any.

Marginal note:If a party is filing evidence

52 Parties must file any evidence before the hearing ends.

Marginal note:Asking the Commission to investigate and report

53 The Tribunal may ask the Commission to investigate and report on any question related to a claim for benefits. The Tribunal may do this anytime before giving its decision.

Employment Insurance Appeals at the Appeal Division

Marginal note:Asking for more information — permission to appeal

• 54 (1) The Tribunal may ask an appellant for more information before it decides whether to grant permission to appeal a General Division decision.

• Marginal note:Deciding without arguments from other parties

  (2) The Tribunal decides whether to grant permission to appeal without asking the other parties for arguments.

Marginal note:Deadline for filing arguments

• 55 (1) If the Tribunal grants permission to appeal, the parties must file any arguments no more than 45 days after the day the Tribunal grants permission.

• Marginal note:Deadline for filing arguments — hearing in writing

  (2) When there is a hearing in writing, the Tribunal must give parties 15 days to file any arguments in response to another party’s position.