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

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) Parties may ask the Tribunal to make a decision based on an agreement they have reached and signed. To do this, parties must file a request and the agreement with the Tribunal.

• Marginal note:Exception

  (2) Parties do not need to file a request or the 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

Marginal note:If a party files evidence after a deadline

• 42 (1) The Tribunal must not consider any evidence 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.

• 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 is relevant;

  • (b) the evidence is new;

  • (c) the party could have filed the evidence 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 hearing when the party meets the following conditions:

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

  • (b) they ask at least five business days before the hearing; and

  • (c) they are available for a hearing within two weeks of 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: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.

PART 9Hearing and Decision

Marginal note:What Part 9 is about

56 This Part sets out specific rules for hearings and decisions.

Marginal note:Hearing details

57 If there will be a hearing, the Tribunal must send the parties a notice that sets out the hearing details.

Marginal note:When an oral hearing may take place without a party

58 An oral hearing may take place without a party if the Tribunal is of the opinion that the party received the notice of hearing.

Marginal note:When the Tribunal gives its decision

59 The Tribunal must give its decision as soon as possible after the hearing. The Tribunal must give reasons for its decision.

PART 10Transitional Provisions

Marginal note:Definitions

60 The following definitions apply in this Part.

former Act

former Act means the Department of Employment and Social Development Act as it read immediately before the day these Rules come into force. (ancienne loi)

former Regulations

former Regulations means the Social Security Tribunal Regulations as they read immediately before the day these Rules come into force. (ancien règlement)

Marginal note:How these Rules apply to ongoing appeals

61 Subject to sections 62 to 64, these Rules apply to appeals that are ongoing on the day these Rules come into force.

Marginal note:Exception for ongoing Income Security appeals at the General Division

• 62 (1) Sections 46, 47 and 57 of these Rules do not apply to Income Security appeals at the General Division that are ongoing on the day these Rules come into force. For those appeals, sections 26 to 28 of the former Regulations continue to apply.

• Marginal note:Exception for ongoing Income Security appeals at the Appeal Division

  (2) Sections 40 to 42, 48, 49 and 57 of these Rules do not apply to Income Security appeals at the Appeal Division that are ongoing on the day these Rules come into force. For those appeals, sections 41 to 43 of the former Regulations continue to apply.

Marginal note:Exception for appeals of summary dismissal decisions to the Appeal Division

63 Sections 40 to 42, 48, 49, 54, 55 and 57 of these Rules do not apply to appeals of summary dismissal decisions made under section 53 of the former Act. For those appeals, sections 34 to 37 of the former Regulations continue to apply.