ARCHIVED — Vol. 146, No. 51 — December 22, 2012

Social Security Tribunal Regulations

Statutory authority

Department of Human Resources and Skills Development Act

Sponsoring department

Department of Human Resources and Skills Development

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the regulations.)

Background

The Jobs, Growth and Long-term Prosperity Act (JGLTPA), which received Royal Assent on June 29, 2012, amended Part 5 of the Department of Human Resources and Skills Development Act (DHRSDA). The JGLTPA established the Social Security Tribunal (SST) and set out the closing dates for the four existing tribunals that currently hear appeals of decisions regarding benefits under the Employment Insurance Act (EIA), the Canada Pension Plan (CPP) and the Old Age Security Act (OASA).

The SST will continue to provide a fair and accessible appeals process for Canadians, but at a lower cost to taxpayers. The SST replaces four separate administrative tribunals:

  • (1) the Board of Referees (BOR): Employment Insurance (EI), client first level of appeal;
  • (2) the Employment Insurance Umpires (Umpires): EI, client second level of appeal;
  • (3) the Canada Pension Plan and Old Age Security Review Tribunals (RT): Canada Pension Plan (CPP) and Old Age Security (OAS), client first level of appeal; and
  • (4) the Pension Appeals Board (PAB): CPP, client second level of appeal.

The SST will also conduct client second level OAS appeals. Under the current system, there are no second level OAS appeals.

Many features of the SST were established through the amendments to the DHRSDA. The SST will consist of a General Division and an Appeal Division. The General Division will be composed of an Employment Insurance Section and an Income Security Section, which will hear CPP and OAS appeals. The SST will consist of a maximum of 74 Governor in Council-appointed full-time members (decision-makers on appeals), including leadership from one Chairperson and three ViceChairpersons. Part-time members, up to the equivalent of 11 full-time members, may also be appointed if the workload requires it.

The JGLTPA also provided for a transition period from April 1, 2013, to March 31, 2014. The SST will commence full operations on April 1, 2013. Meanwhile, the RT, PAB and Umpires will be required to render decisions on all appeals heard before April 1, 2013. These decisions must be issued no later than March 31, 2014, with all remaining appeals transferred to the SST. The BOR will hear and render decisions on all appeals filed before April 1, 2013. These decisions must be issued no later than October 31, 2013.

Efficiencies and savings will be realized through three key changes in the way the new SST will function:

  • (1) Decisions on appeals will be made by a single member who will have access to legal and medical experts. Under the current system, decision-making panels are most often composed of three members.
  • (2) The SST will be supported by a single centralized administration.
  • (3) The SST will move away from the current paper-driven system towards the increased use of electronic technology, tools and processes.

The legislative amendments also set out certain SST procedures. Under the new system, a client who wishes to file an appeal with the SST must first request a reconsideration of the decision (with which he or she is dissatisfied) by the Department — an authority delegated by the Canada Employment Insurance Commission (Commission) for EI decisions, and by the Minister for CPP and OAS decisions. Under the current system, this level of recourse is not mandated for EI.

The three programs have time limits for filing the reconsideration request; however, clients may file a request for an extension, should the limit have lapsed. A decision to not grant the extension can be appealed. Under the new system, this appeal — whether for EI, CPP, or OAS — is made directly with the SST, whereas under the current system, CPP and OAS clients may only file an application for judicial review with the Federal Court. Should the SST agree to the extension request (overturning the Department’s denial of extension), the Department would need to undertake the reconsideration.

Once a decision has been reconsidered, if a client is dissatisfied with the decision, they may file an appeal with the SST General Division. The General Division must dismiss an appeal if it is satisfied that the appeal has no “reasonable chance of success” (summary dismissal). Otherwise, the General Division must decide the appeal based on further evidence and submissions presented by the parties.

If a client or the Department is dissatisfied with any of the SST General Division’s decision, they may appeal with the SST Appeal Division. In order to do so, permission is required (a leave to appeal). Seeking permission is a new step for EI and OAS. Reasons for an appeal to be accepted by the Appeal Division will be limited to the General Division decision, as it relates to issues of fairness or jurisdiction, errors on the law or serious errors on findings of fact. Hearings before the Appeal Division are hearings where, generally, no new evidence or testimony can be presented, but rather a review of the General Division’s decision (hearings at this level are not de novo — in other words, not anew). This contrasts to the current approach with CPP appeals before the PAB where new evidence can be presented.

The SST — both the General Division and the Appeal Division — has the power to reconsider its own final decisions upon application, should new facts come to light that could not have been known prior to the hearing or the decision having been made. This can be done once within one year of the decision being rendered.

In all cases with the SST, final decisions of the Appeal Division are subject to judicial review under the Federal Courts Act. Final decisions include, but are not limited to, those relative to a late reconsideration request or a leave to appeal.

As a result of the legislative changes described above, new regulations are required to enable the functioning of the SST, as well as a set of regulatory amendments to support the SST’s interaction with the parties and the Department.

Issues and objectives

The proposed Social Security Tribunal Regulations (SST Regulations) and Reconsideration Request Regulations, as well as the proposed amendments to the Employment Insurance Regulations (EI Regulations), Canada Pension Plan Regulations (CPP Regulations) and Old Age Security Regulations (OAS Regulations) would support the implementation of the new appeal system prescribed in the JGLTPA. These proposed regulations are required to provide all those who work in the appeal system, appellants and their advocates, tribunal administrators, and decision makers, with an understanding of the rules and procedures of the SST so that they can effectively work in this system. This direction would support a consistent approach to how appeals are conducted and respect for the principles of fairness and natural justice.

The individual processes followed by the existing four tribunals have been harmonized to the extent possible under the proposed regulations to provide a consistent, streamlined and cost-effective approach to appeals.

Description

(A) The SST Regulations

The proposed SST Regulations would consist of rules of procedure that are necessary for the proper functioning of the SST. The need for the proposed rules stems from the legislated amendments described above. They are based on the best practices of the four current tribunals as well as other administrative tribunals and would continue to facilitate the fair administration of appeals.

The proposed SST Regulations would set out general principles for the SST to follow. Specifically, they would be interpreted so as to secure the just, most expeditious and least expensive determination of appeals and applications. Proceedings would be as informal and as quick as circumstances and considerations of fairness and natural justice permit. This principle is designed to ensure that the approach taken when considering any decision balances efficiency with access to a just appeals process.

Processes for appellants and parties to an appeal

The proposed SST Regulations would describe the administrative processes to make an appeal to both the General Division and the Appeal Division; these processes are modeled after the rules of procedure for the four current tribunals. Pursuant to the proposed SST Regulations, an application to appeal would be in the form set out by the SST on its Web site and would contain the type of information required for an appellant to identify himself or herself (name, social insurance number, etc.), as well as the grounds for appeal, and any documents relevant to the appeal.

In certain instances a person may request to be a party to an appeal, which means that they would like to be a participant in the appeal because they have a direct interest in the decision. The manner in which other persons may request to be a party to an appeal would be set out in the proposed SST Regulations. Other parties would need to file a request with the SST that includes identification and contact information (name, address, phone number, etc.), an explanation of why they have a direct interest in the decision, as well as identification and contact information of authorized representatives.

The proposed SST Regulations would include other standard processes, such as how parties to an appeal can apply to the SST to rescind or amend a decision based on the availability of new facts, the duty of the SST to notify other parties of such an application and time limits for parties to provide information to support a request to amend or rescind a decision.

The proposed SST Regulations would also prescribe the timelines the parties to an appeal must abide by throughout the appeals process and include how to request extensions to some of those time limits. One example of a proposed new time limit is the requirement for parties to a CPP or OAS appeal to file any additional documentation within one year of the filing of the appeal. All proposed time limits would be included in the interest of balancing efficiency with access to justice.

The proposed SST Regulations would make it such that a party may request that a hearing be adjourned or postponed by filing a request, with supporting reasons. A second adjournment would only be permitted in exceptional circumstances. This is to avoid cases being prolonged due to multiple adjournments.

SST and Department operations

As is standard under tribunal regulations, the proposed SST Regulations would define how the SST is to operate throughout the appeals process. They would also authorize the SST to add parties to the appeal if the latter have an interest in the appeal. The proposed SST Regulations would oblige the SST to make its decisions without delay.

Numerous other aspects of the administration of appeals would also be defined by the proposed SST Regulations, including but not limited to how to proceed should a party fail to appear at a hearing, how to direct additional questions regarding claims, and the requirement for the SST to provide a copy of any document filed by a party to the other parties to the appeal without delay.

The proposed SST Regulations would identify email as an acceptable communication method for the SST. Electronic communication would be encouraged for the filing of an appeal and relevant documentation, as well as a way for the SST to respond and to issue decisions.

In order for the SST to consider appeals, the Minister or the Commission would have to provide the SST with information, such as the decision (that is being appealed) and all reconsideration documentation. The proposed SST Regulations would prescribe a timeframe for the Minister or the Commission to provide that necessary information to the SST. Other time limits throughout the appeals process for the Department and the SST would also be prescribed in the proposed SST Regulations.

The SST or a party to the appeal would be able to request that the parties participate in three new approaches to settling an appeal: (1) pre-hearings, (2) conferences, or (3) dispute resolution processes. The latter two approaches may be requested at any time during the appeals process. These proposed new approaches would allow appeals to be resolved without the completion of a full hearing, in the interest of efficiency. Conferences would be confidential and information would not be divulged by the SST or the parties without the parties’ consent outside of the conferences.

Under the current system, in-person hearings are the standard practice. The proposed SST Regulations would provide that hearings may be conducted in a variety of ways, including through written questions and answers, by video or teleconference, or in person. How a hearing is conducted would be decided by Members based on the principle proposed in the SST Regulations, as well as any other considerations that the SST deems relevant.

(B) Amendments to the EI, CPP and OAS regulations

The EI Regulations, CPP Regulations and OAS Regulations also have proposed amendments to support the legislative amendments.

These regulations require a number of administrative amendments as a result of

  • The replacement of the four existing tribunals with the SST;
  • The amendments to the EIA, CPP and OASA brought about by the JGLTPA; and
  • The need to repeal two sets of rules of procedure — the Review Tribunal Rules of Procedure and the Pension Appeals Board Rules of Procedure (Benefits) — guiding the functioning of the RT and PAB, as well as the sections of Part V of the EI Regulations (“Administrative Provisions”) relevant to the functioning and interaction with the BOR.

All instances where the four existing tribunals are referenced in the EI Regulations, the CPP Regulations and the OAS Regulations require consequential amendments. All references to the RT, PAB, BOR and Umpires, or to positions within those organizations, would be replaced by references to the SST or to the General Division or Appeal Division of the SST, as appropriate. References to the Review Tribunal Rules of Procedure and the Pension Appeals Board Rules of Procedure (Benefits) would be replaced with references to the Social Security Tribunal Regulations.

In addition to administrative amendments, a few more substantial regulatory amendments are proposed.

EI Regulations

Currently, the EI Regulations do not include provisions regarding a request for reconsideration. In an effort to harmonize processes across all programs, new regulatory provisions are proposed to prescribe how to make a request for reconsideration of EI decisions to the Commission. To make a request, a client would make the request in writing with information to identify the appellant (name, social insurance number, etc.), the reason for the request and any relevant information that was not provided previously.

Additional Regulations (Reconsideration Request Regulations) are also being proposed in order to elaborate on the circumstances under which the Commission may extend the amount of time allowed to make a request for reconsideration.

CPP Regulations

The proposed CPP Regulations would prescribe the circumstances in which the Minister may allow a longer period to make a request for reconsideration. The circumstances are consistent with those in the proposed EI and OAS regulatory amendments.

OAS Regulations

The proposed OAS Regulations would prescribe the circumstances in which the Minister may allow a longer period to make a request for reconsideration. The circumstances are consistent with those in the proposed EI and CPP regulatory amendments.

Consultation

The creation of the SST and the amendments to the EIA, CPP and OASA were included as part of the JGLTPA, which was discussed at the House of Commons Standing Committee on Finance and the Standing Senate Committee on National Finance in June 2012. Limited reactions to the legislative amendments were reported. Current members of the BOR were consulted on what changes could be incorporated into the SST in order to make it a successful administrative tribunal. This consultation occurred during meetings with the BOR that were facilitated across the country by the Department, the EI Commissioner for Employers and the EI Commissioner for Workers.

This prepublication period will be the first time that stakeholders will have the opportunity to comment on the proposed SST Regulations, and amendments to the EI Regulations, CPP Regulations and OAS Regulations, and the Reconsideration Request Regulations, in anticipation of the SST being operational as of April 1, 2013. While no targeted consultations were carried out for the proposed regulations, stakeholders’ reactions to the legislative amendments were considered as the proposed regulations and regulatory amendments were developed.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply to this proposal, as there are no incremental costs to small business.

Rationale

Formal adoption of the proposed SST Regulations and the Reconsideration Request Regulations, as well as the amendments to the EI Regulations, the CPP Regulations and the OAS Regulations would benefit the Canadian public by enhancing the overall efficiency and cost effectiveness of the EI, CPP and OAS appeals systems. The proposed regulations would provide consistent direction on the practices and procedures of the SST to parties appearing before it, to the SST staff who process cases and to members who render decisions on appeals. This direction will help to ensure that appeals are adjudicated in a consistent and efficient manner, which respects the principles of fairness and natural justice.

If the proposed new and amended regulations are not adopted, the SST would be unable to properly conduct its operations.

Consolidating the current tribunals to create the SST, as a result of the legislative amendments, is expected to save approximately $25 million annually once the SST is fully operational and the four tribunals have sunsetted. The incremental costs of the proposed new and amended regulations are estimated to be low as the regulations consist of a harmonized set of rules that would replace an existing set of rules. Initial costs would be related to the development of new processes, forms, documents, a Web site, policies and case management manuals to support the rules, as well as training of SST staff and members. These costs would be offset through the savings found in the subsequent years of the SST’s operation.

It is anticipated that there will be no new costs to appellants. The benefits of the proposed new and amended regulations would include parties to an appeal having the opportunity to interact with a single decision-making body, whereas currently there are four. The proposed regulations would also provide a consistent, streamlined and cost-effective approach to appeals.

Implementation, enforcement and service standards

The implementation of the proposed SST Regulations and Reconsideration Request Regulations, as well as of the amendments to the EI Regulations, CPP Regulations, and OAS Regulations, is part of the overall implementation strategy of opening the new SST. In order to open the new SST, and sunset the four current tribunals, a number of activities are required, including but not limited to the development of new processes, forms, documents, policies and case management manuals, as well as the development and implementation of communication and transition strategies. The SST is to begin operating as of April 1, 2013.

Contact

Gillian Campbell
Acting Senior Director
Social Security Tribunal Project Team
Policy, Appeals and Quality Directorate
Processing and Payment Services Branch
Service Canada
Telephone: 613-960-1343
Fax: 613-941-3729
Email: sst-regulations-tss-reglementations@servicecanada.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to section 69 (see footnote a) and paragraph 73(1)(c) (see footnote b) of the Department of Human Resources and Skills Development Act (see footnote c), proposes to make the annexed Social Security Tribunal Regulations.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part Ⅰ, and the date of publication of this notice, and be addressed to Gillian M. Campbell, Senior Director, Special Project Lead, Service Canada, 355 North River Road, Ottawa, Ontario K1A 0L1 (tel.: 613-960-1343; fax: 613-941-3729; email: sst-regulations-tss-reglementations@servicecanada.gc.ca).

Ottawa, December 13, 2012

JURICA ČAPKUN
Assistant Clerk of the Privy Council

SOCIAL SECURITY TRIBUNAL REGULATIONS

INTERPRETATION

Definitions

1. The following definitions apply in these Regulations.

  • “Act”
    « Loi »
  • “Act” means the Department of Human Resources and Skills Development Act.
  • “business day”
    « jour ouvrable »
  • “business day” means a day other than a Saturday or a Sunday or other holiday.
  • “party”
    « partie »
  • “party” means
    • (a) in a proceeding before the Income Security Section, the appellant, the Minister and any person added as a party under section 65 of the Act or section 10;

    • (b) in a proceeding before the Employment Insurance Section, the appellant, the Commission and any person added as a party added under section 10;

    • (c) in a proceeding before the Appeal Division, the appellant, all other parties to the proceeding in the General Division and any person added as a party under section 65 of the Act or section 10; and

    • (d) in a proceeding to rescind or amend a decision, the applicant, the Minister or the Commission, any person added as a party under section 65 of the Act or section 10, and, if the proceeding is before the Appeal Division, all other parties to the proceeding in the General Division.

General principle

2. These Regulations must be interpreted so as to secure the just, most expeditious and least expensive determination of appeals and applications.

GENERAL PROVISIONS

CONDUCT OF PROCEEDINGS

Informal conduct

3. (1) The Tribunal

  • (a) must conduct proceedings as informally and quickly as the circumstances and the considerations of fairness and natural justice permit; and

  • (b) may, if there are special circumstances, vary a provision of these Regulations or dispense a party from compliance with a provision.

Proceeding by way of analogy

(2) If a question of procedure that is not dealt with by these Regulations arises in a proceeding, the Tribunal must proceed by way of analogy to these Regulations.

Requests to Tribunal

4. A party may request the Tribunal to provide for any matter concerning a proceeding, including the extension of a time limit imposed by these Regulations, by filing the request with the Tribunal.

FILING WITH TRIBUNAL

Filing

5. (1) Any document required to be filed by these Regulations must be filed with the Tribunal at the address, facsimile number or email address — or in accordance with the electronic filing procedure — provided by the Tribunal on its website.

Tribunal to provide copy to other parties

(2) The Tribunal must provide a copy of any document filed by a party to the other parties to the proceeding without delay.

Change in contact information

6. A party must file with the Tribunal a notice of any change in their contact information without delay.

Deemed filing dates

7. The date of filing of an appeal, application or other document is deemed to be

  • (a) in the case of a document filed at the Tribunal’s address or sent by mail or by facsimile, the date indicated by the date received stamp placed on the document by the Tribunal; and

  • (b) in the case of a document filed by email or in accordance with the Tribunal’s electronic filing procedure, the date of receipt indicated by the Tribunal’s time stamp.

Deemed originals

8. An appeal, application or other document that is filed by email, facsimile or the Tribunal’s electronic filing procedure is deemed to be the original of the document and the Tribunal may provide an electronic copy of it, stamped as certified.

Electronic version

9. If the Tribunal creates an electronic version of an appeal, application or other document that is filed at the Tribunal’s address or sent by mail, the electronic version is deemed to be the original version of the document and the Tribunal may provide an electronic copy of it, stamped as certified.

PARTICIPATION OF PARTIES

Adding parties

10. (1) The Tribunal may, on its own initiative or if a request is filed, add any person as a party to a proceeding if the person has a direct interest in the decision.

Request to be added as party

(2) Any person may request that they be added as a party to a proceeding by filing a request that contains

  • (a) the person’s full name, address, telephone number and, if any, facsimile number and email address;

  • (b) a statement that sets out why the person has a direct interest in the decision;

  • (c) if a person is authorized to represent them, their address, telephone number and, if any, facsimile number and email address; and

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

Requests to adjourn or postpone

11. (1) A party may request that a hearing be adjourned or postponed by filing a request, with supporting reasons, with the Tribunal.

Subsequent requests by party

(2) If the Tribunal grants an adjournment or postponement at the request of a party, the Tribunal must not grant the party a subsequent adjournment or postponement unless the party establishes that it is justified by exceptional circumstances.

Failure to appear

12. (1) If a party fails to appear at a hearing, the Tribunal may proceed in the party’s absence if the Tribunal is satisfied that the party received notice of the hearing.

Previous adjournment or postponement

(2) The Tribunal must proceed in a party’s absence if the Tribunal previously granted an adjournment or postponement at the request of the party and the Tribunal is satisfied that the party received notice of the hearing.

Joining of appeals or applications

13. The Tribunal may, on its own initiative or if a request is filed by a party, deal with two or more appeals or applications jointly if

  • (a) a common question of law or fact arises in the appeals or applications; and

  • (b) no injustice is likely to be caused to any party to the appeals or applications.

Withdrawal

14. A person may withdraw their appeal or application at any time before a decision is rendered by filing a notice with the Tribunal.

CONFERENCES AND OTHER PROCEDURES

Pre-hearing

15. (1) The Tribunal may, on its own initiative or if a request is filed by a party, request the parties to participate in a pre-hearing conference on any matter concerning an appeal or an application to rescind or amend a decision.

Form of conference

(2) A pre-hearing conference may be held by videoconference, teleconference or the personal appearance of the parties.

Dispute resolution

16. The Tribunal may, on its own initiative or if a request is filed by a party, request the parties to participate in a dispute resolution process in order to encourage the parties to resolve the appeal or application.

Settlement conference

17. (1) The Tribunal may, on its own initiative or if a request is filed by a party, hold a settlement conference with the parties for the purpose of resolving the appeal or application in whole or part.

Member who holds conference

(2) A member of the Tribunal who holds a settlement conference must not hear the appeal or application unless the parties consent to it.

No disclosure

(3) All matters discussed at a conference and all documents relating to a settlement conference are confidential and cannot be disclosed to any person by the Tribunal or the parties unless the parties consent.

Form of conference

(4) A settlement conference may be held by videoconference, teleconference or the personal appearance of the parties.

Agreement between parties

18. The parties to an appeal or an application may request the Tribunal to make a decision based on an agreement between the parties by filing the request and the agreement, signed by all the parties, with the Tribunal.

DEEMED COMMUNICATION OF DECISIONS AND OTHER DOCUMENTS

When decisions are deemed communicated

19. (1) A decision made under subsection 53(1), 54(1), 58(3) or 59(1) of the Act is deemed to have been communicated to a party

  • (a) if sent by ordinary mail, 10 days after the day on which it is mailed to the party;

  • (b) if sent by registered mail or courier, on
    • (i) the date recorded on the acknowledgement of receipt, or

    • (ii) the date it is delivered to the last known address of the party; and
  • (c) if sent by facsimile, email or other electronic means, the next business day after the day on which it is transmitted.

Other documents sent by Tribunal

(2) Subsection (1) also applies to any other document sent by the Tribunal to a party.

CONSTITUTIONAL ISSUES

Filing and service

20. (1) If the constitutional validity, applicability or operability of any provision of the Canada Pension Plan, the Old Age Security Act, the Employment Insurance Act, Part 5 of the Department of Human Resources and Skills Development Act or the regulations made under any of those Acts is to be put at issue before the Tribunal, the party raising the issue must

  • (a) file a notice with the Tribunal containing the following information:
    • (i) the provision that is at issue, and

    • (ii) any submissions in support of the issue that is raised; and
  • (b) at least 10 days before the date set for the hearing of the appeal or application, serve notice of that issue 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.

Failure to prove service

(2) If the proof of service required by paragraph (1)(b) has not been filed in accordance with that paragraph, the Tribunal may, on its own initiative or on the request of a party, adjourn or postpone the hearing.

Time limits for documents and submissions

(3) If a notice is filed under paragraph (1)(a), the time limits for filing documents or submissions set out in these Regulations do not apply and the Tribunal may direct the parties to file documents or submissions within the time limits it establishes.

FORM OF HEARING

Notice of hearing

21. If a notice of hearing is sent by the Tribunal under these Regulations, the Tribunal may hold the hearing by way of

  • (a) written questions and answers;

  • (b) videoconference or teleconference; or

  • (c) the personal appearance of the parties.

SUMMARY DISMISSAL

Notice to appellant

22. Before summarily dismissing an appeal pursuant to subsection 53(1) of the Act, the General Division must give notice in writing to the appellant and allow the appellant a reasonable period of time to make submissions.

APPEALS TO GENERAL DIVISION

FILING OF APPEAL

Filing

23. An appeal of a decision to the General Division is brought by filing the appeal at the address, facsimile number or email address — or in accordance with the electronic filing procedure — provided by the Tribunal on its website.

Appeal form and contents

24. An appeal must be in the form set out by the Tribunal on its website and contain

  • (a) the appellant’s full name and
    • (i) social insurance number or business number, as the case may be, assigned by the Minister of National Revenue,

    • (ii) address and telephone number, and

    • (iii) facsimile number and email address, if any;
  • (b) a copy of the decision that was 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;

  • (c) the date the decision was communicated to the appellant;

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

  • (e) the grounds for the appeal;

  • (f) any documents or submissions that the appellant relies on in their appeal; and

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

Extension of time for bringing appeal

25. A person who does not file an appeal within the time limits set out in subsection 52(1) of the Act may request an extension of time by filing their appeal with a statement that sets out the reasons why the General Division should allow further time for the bringing of the appeal.

APPEALS BEFORE INCOME SECURITY SECTION

Documents to be filed by Minister

26. The Minister must, within 20 days after the day on which the Minister receives a copy of an appeal, file the following with the Income Security Section:

  • (a) a copy of the application that gave rise to the decision being appealed;

  • (b) if applicable, the information relating to the marriage that is referred to in subsection 54(2) of the Canada Pension Plan Regulations;

  • (c) a copy of any notification given in accordance with section 46 or 46.1 of the Canada Pension Plan Regulations;

  • (d) a copy of any notification given in accordance with subsection 60(7) of the Canada Pension Plan or section 16 or 24 of the Old Age Security Act;

  • (e) a copy of the request made to the Minister for a reconsideration under subsection 81(1) of the Canada Pension Plan or subsection 27.1(1) of the Old Age Security Act; and

  • (f) a copy of the decision that was made under subsection 81(2) or (3) of the Canada Pension Plan or subsection 27.1(2) of the Old Age Security Act and any documents relevant to the decision.

Time to respond

27. (1) Within 365 days after the day on which the appeal is filed, the parties may

  • (a) file additional documents or submissions with the Income Security Section; or

  • (b) file a notice with the Income Security Section stating that they have no documents or submissions to file.

Additional time

(2) If a party files documents or submissions within 30 days before the end of the 365-day period, the other parties have an additional 30 days after the end of that period to file documents or submissions in response.

Decision or further hearing

28. After every party has filed a notice that they have no documents or submissions to file — or at the end of the applicable period set out in section 27, whichever comes first — the Income Security Section must without delay

  • (a) make a decision on the basis of the documents and submissions filed; or

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

Decision made without delay

29. If a notice of hearing is sent to the parties, the Income Security Section must make its decision without delay after the conclusion of the hearing.

APPEALS BEFORE EMPLOYMENT INSURANCE SECTION

Documents to be filed by Commission

30. The Commission must, within 7 business days after the day on which it receives a copy of an appeal, file the following with the Employment Insurance Section:

  • (a) a copy of the request for a reconsideration made under section 112 of the Employment Insurance Act;

  • (b) the documents in the Commission’s possession that are relevant to the decision being appealed;

  • (c) a copy of the decision being appealed; and

  • (d) the submissions, if any, of the Commission.

Notice of hearing or summary dismissal

31. (1) The Employment Insurance Section must, at the time it sends copies of the documents filed by the Commission to the other parties, send all the parties

  • (a) a notice of hearing; or

  • (b) a notice of summary dismissal referred to in section 22.

Notice of summary dismissal

(2) If the Employment Insurance Section sends a notice of summary dismissal but does not summarily dismiss the appeal, it must send a notice of hearing to the parties without delay.

Section 53 of the Act

(3) For greater certainty, subsection (1) does not preclude the application of section 53 of the Act at any time during the proceedings.

Reference of questions

32. The Employment Insurance Section may, at any time prior to its decision, refer any question arising in relation to a claim for benefits to the Commission for investigation and report.

Decision made without delay

33. The Employment Insurance Section must make its decision without delay after the conclusion of the hearing.

APPEAL OF SUMMARY DISMISSAL

Appeal of summary dismissal

34. An appeal of a decision of the Income Security Section or the Employment Insurance Section to summarily dismiss an appeal is brought by filing the appeal with the Appeal Division at the address, facsimile number or email address — or in accordance with the electronic filing procedure — provided by the Tribunal on its website.

Appeal form and contents

35. An appeal must be in the form set out by the Tribunal on its website and contain

  • (a) the appellant’s full name and
    • (i) social insurance number or business number, as the case may be, assigned by the Minister of National Revenue,

    • (ii) address and telephone number, and

    • (iii) facsimile number and email address, if any;
  • (b) a copy of the decision to summarily dismiss;

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

  • (d) the grounds for the appeal;

  • (e) any statements of fact that were presented to the General Division and that the appellant relies on in the appeal; and

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

Time to respond

36. Within 45 days after the day on which the appeal is filed, the parties may

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

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

Decision or further hearing

37. 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 36, 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.

Decision made without delay

38. 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.

APPEALS TO APPEAL DIVISION

Leave to appeal

39. An application for leave to appeal a decision of the General Division is brought by filing the application with the Appeal Division at the address, facsimile number or email address — or in accordance with the electronic filing procedure — provided by the Tribunal on its website.

Application for leave form and contents

40. An application for leave to appeal must be in the form set out by the Tribunal on its website and contain

  • (a) if the application is brought by a person other than the Minister or the Commission, the applicant’s full name and
    • (i) social insurance number or business number, as the case may be, assigned by the Minister of National Revenue,

    • (ii) address and telephone number, and

    • (iii) facsimile number and email address, if any;
  • (b) if the application is brought by the Minister or the Commission, the applicant’s
    • (i) address and telephone number, and

    • (ii) facsimile number and email address;
  • (c) a copy of the decision in respect of which leave to appeal is being sought;

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

  • (e) the grounds for the application;

  • (f) any statements of fact that were presented to the General Division and that the applicant relies on in the application; and

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

Written questions and submissions

41. Before granting or refusing an application for leave to appeal, the Appeal Division may

  • (a) request further information from the applicant by way of written questions and answers; and

  • (b) send a copy of the application for leave to the parties and request that they file submissions.

Providing parties with documents

42. If leave to appeal is granted, the Appeal Division must send without delay copies of all documents filed in the appeal to the parties.

Time to respond

43. 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.

Decision or further hearing

44. 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 43, 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.

Decision made without delay

45. 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

Application to rescind or amend

46. 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.

Application form and contents

47. An application to rescind or amend a decision must be in the form set out by the Tribunal on its website and contain

  • (a) if the application is made by a person other than the Minister or the Commission, the applicant’s full name and
    • (i) social insurance number or business number, as the case may be, assigned by the Minister of National Revenue,

    • (ii) address and telephone number, and

    • (iii) facsimile number and email address, if any;
  • (b) if the application is made by the Minister or the Commission, the applicant’s
    • (i) address and telephone number, and

    • (ii) facsimile number and email address;
  • (c) a copy of the decision that is the object of the application;

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

  • (e) 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;

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

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

Time to respond

48. 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.

Decision or further hearing

49. 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 48, 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.

Decision made without delay

50. 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

April 1, 2013

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

[51-1-o]