Social Security Tribunal Rules of Procedure: SOR/2022-256

Canada Gazette, Part II, Volume 156, Number 26

Registration
SOR/2022-256 December 2, 2022

DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPMENT ACT

Whereas, under subsection 45.1(2)^{footnote a} of the Department of Employment and Social Development Act ^{footnote b}, the Minister of Employment and Social Development has approved the making of the annexed Social Security Tribunal Rules of Procedure;

Therefore, the Chairperson of the Social Security Tribunal makes the annexed Social Security Tribunal Rules of Procedure under subsection 45.1(2)^{footnote a} of the Department of Employment and Social Development Act ^{footnote b}.

Ottawa, November 3, 2022

Paul Aterman
Chairperson of the Social Security Tribunal

TABLE OF PROVISIONS

Social Security Tribunal Rules of Procedure

Introduction

1 Purpose of these Rules

2 About the Tribunal

3 Overview of these Rules

PART 1

Interpretation

4 What Part 1 is about

5 Definitions

6 How the Tribunal interprets and applies these Rules

PART 2

General Rules

7 What Part 2 is about

Conducting the Appeal Process

8 Making the appeal process simple, quick and fair

Continuing the Appeal Process Without a Party

9 Contact information on file

Asking for an Accommodation

10 Definition of accommodation

PART 3

Roles and Responsibilities

11 What Part 3 is about

All Participants

12 Participants’ responsibilities

Parties

13 How parties participate

Representatives

14 What a representative does

Support Persons

15 Definition of support person

Witnesses

16 What a witness does

Tribunal

17 What the Tribunal does

PART 4

Documents

18 What Part 4 is about

Documents Filed with the Tribunal

19 How to file documents

20 Adding documents to the appeal record

Electronic Documents

21 An electronic copy is an original

Receiving Documents from the Tribunal

22 When a party receives a document by regular mail

PART 5

Appealing a Decision

23 What Part 5 is about

Notice of Appeal

24 How to appeal a reconsideration decision to the General Division

25 Notifying an employer about an Employment Insurance appeal

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

Late Appeal

27 How to ask for more time

Language of the Appeal

28 Choosing English or French

29 Documents not in English or French

30 Asking for a translation of a document filed by the Minister or Commission

31 What to include with translated documents

32 If a party needs an interpreter

Added Parties

33 When the Tribunal automatically adds a party

PART 6

Procedures that Apply in Certain Situations

34 What Part 6 is about

Joining Appeals

35 When the Tribunal may join appeals

Limiting Public Access to the Appeal

36 If a party wants to limit public access

Holding Conferences

37 What a conference may cover

38 If a conference is a settlement conference

Deciding Based on an Agreement

39 If the parties reach an agreement

Having a Witness Participate

40 Having a witness at an oral hearing

41 How to notify the Tribunal about a witness in an Income Security appeal

Handling Late Evidence

42 If a party files evidence after a deadline

Rescheduling a Hearing

43 Asking to reschedule a hearing

Withdrawing an Appeal

44 How to withdraw an appeal

PART 7

Income Security Appeal Process

45 What Part 7 is about

Income Security Appeals at the General Division

46 Filing the reconsideration file

47 Sending filing deadlines

Income Security Appeals at the Appeal Division

48 Asking for more information — permission to appeal

49 Sending filing deadlines

PART 8

Employment Insurance Appeal Process

50 What Part 8 is about

Employment Insurance Appeals at the General Division

51 Filing the reconsideration file

52 If a party is filing evidence

53 Asking the Commission to investigate and report

Employment Insurance Appeals at the Appeal Division

54 Asking for more information — permission to appeal

55 Deadline for filing arguments

PART 9

Hearing and Decision

56 What Part 9 is about

57 Hearing details

58 When an oral hearing may take place without a party

59 When the Tribunal gives its decision

PART 10

Transitional Provisions

60 Definitions

61 How these Rules apply to ongoing appeals

62 Exception for ongoing Income Security appeals at the General Division

63 Exception for appeals of summary dismissal decisions to the Appeal Division

64 Exception for ongoing applications to rescind or amend a decision

PART 11

Coming into Force

65 When these Rules start to apply

Social Security Tribunal Rules of Procedure

Introduction

Purpose of these Rules

1 (1) These Rules set out the procedure for appeals before the Tribunal. The Rules aim to help parties understand the appeal process and their roles and responsibilities. The Rules and the appeal process are meant to promote access to justice.

Tribunal’s authority

(2) The Tribunal decides appeals from reconsideration decisions made under

(a) the Canada Pension Plan;
(b) the Old Age Security Act; and
(c) the Employment Insurance Act.

About the Tribunal

2 The Tribunal is an independent administrative tribunal. It consists of the members of the General Division and Appeal Division. The members are appointed under Part 5 of the Department of Employment and Social Development Act. The Tribunal is supported by the Tribunal Secretariat. The Secretariat consists of employees of the Administrative Tribunals Support Service of Canada. The Secretariat carries out some administrative tasks related to these Rules for the Tribunal.

Overview of these Rules

3 These Rules are set out in the order that they normally apply, but the order may be different in some appeals. Not every rule applies in every appeal. The Rules are divided into the following Parts:

(a) Part 1 sets out how to interpret the Rules;
(b) Part 2 sets out general rules about what the Tribunal can do and how it conducts the appeal process;
(c) Part 3 sets out the roles and responsibilities of participants and the Tribunal;
(d) Part 4 sets out how to file documents with the Tribunal and how the Tribunal handles documents;
(e) Part 5 sets out how to appeal, how the Tribunal handles late appeals, what language the appeal can be in and how the Tribunal adds parties;
(f) Part 6 sets out various procedures that may apply in the appeal process;
(g) Part 7 sets out specific rules for Income Security appeals at the General Division and Appeal Division;
(h) Part 8 sets out specific rules for Employment Insurance appeals at the General Division and Appeal Division;
(i) Part 9 sets out specific rules for hearings and decisions;
(j) Part 10 sets out how the Rules apply to appeals that are ongoing when the Rules start to apply; and
(k) Part 11 sets out when the Rules start to apply.

PART 1 Interpretation

What Part 1 is about

4 This Part sets out definitions for terms and expressions used in these Rules. This Part also sets out how the Tribunal interprets and applies the Rules.

Definitions

5 The following definitions apply in these Rules. To understand the Rules, it is important to first read the definitions and then refer back to them as needed.

appeal

means an appeal under Part 5 of the Department of Employment and Social Development Act. It includes an application for permission to appeal to the Appeal Division. (appel)

appellant

means the person who appeals a reconsideration decision to the General Division or a General Division decision to the Appeal Division. At the Appeal Division, the appellant may also be the Minister or the Commission. (appelant)

argument

means a submission that sets out a party’s point of view about what the Tribunal should do in an appeal. A party may file arguments with the Tribunal or make arguments at an oral hearing. (argument)

business day

means a day that is not a Saturday, Sunday or holiday. (jour ouvrable)

Commission

means the Canada Employment Insurance Commission. (Commission)

contact information

means

(a) an address;
(b) a phone number, if there is one; and
(c) an email address, if there is one. (coordonnées)

Employment Insurance appeal

means an appeal from a reconsideration decision that the Commission made under the Employment Insurance Act. (appel en assurance-emploi)

evidence

means something that a party presents to the Tribunal to prove a fact. It includes documents, photographs, video recordings and sound recordings that a party may file with the Tribunal. It also includes testimony given at an oral hearing. (élément de preuve)

Income Security appeal

means an appeal from a reconsideration decision that the Minister made under the Canada Pension Plan or the Old Age Security Act. (appel en sécurité du revenu)

Minister

means the Minister of Employment and Social Development. (ministre)

participant

means

(a) the parties; and
(b) representatives, support persons, witnesses and interpreters who take part in an appeal. (participant)

party

means

(a) the appellant and the Minister, for Income Security appeals at the General Division;
(b) the appellant and the Commission, for Employment Insurance appeals at the General Division;
(c) the appellant and all other parties who were before the General Division, for appeals at the Appeal Division; and
(d) any person added as a party under section 33. (partie)

permission to appeal

means leave to appeal a General Division decision to the Appeal Division under section 58 or 58.1 of the Department of Employment and Social Development Act. (permission de faire appel)

reconsideration decision

means

(a) a decision that the Minister made under section 81 of the Canada Pension Plan, including a decision about more time to make a reconsideration request and a decision to rescind or amend a decision based on new facts;
(b) a decision that the Minister made under section 27.1 of the Old Age Security Act, including a decision about more time to make a reconsideration request; or
(c) a decision that the Commission made under section 112 of the Employment Insurance Act, including a decision about more time to make a reconsideration request. (décision de révision)

reconsideration request

means a request for the Minister or the Commission to reconsider a decision under

(a) section 81(1) or (1.1) of the Canada Pension Plan;
(b) section 27.1(1) or (1.1) of the Old Age Security Act; or
(c) section 112 of the Employment Insurance Act. (demande de révision)

How the Tribunal interprets and applies these Rules

6 The Tribunal must interpret and apply these Rules so that

(a) the appeal process is simple, quick and fair;
(b) the Tribunal considers the parties’ particular circumstances;
(c) every party can participate in the appeal process, even if they do not have a representative; and
(d) the appeal process is flexible and appropriate for what the Tribunal must decide in each appeal.

PART 2 General Rules

What Part 2 is about

7 This Part sets out

(a) how the Tribunal conducts the appeal process;
(b) what happens if the Tribunal cannot reach a party; and
(c) how to ask for an accommodation.

Conducting the Appeal Process

Making the appeal process simple, quick and fair

8 (1) The Tribunal must make sure that the appeal process is as simple and quick as fairness allows.

Using active adjudication

(2) The Tribunal uses active adjudication as described in section 17(2) to help parties participate fully in the appeal process. This includes using methods other than the adversarial methods of adjudication the courts typically use.

If a party wants the Tribunal to decide on a procedure

(3) A party may ask the Tribunal to do or decide something as part of the appeal process. To do this, the party must file a request with the Tribunal. The request must set out what the party wants and why.

Adapting these Rules

(4) The Tribunal may adapt these Rules or decide that a party does not need to follow one or more rules if it is in the interest of justice.

If these Rules do not cover something

(5) The Tribunal may decide the procedure for anything not in these Rules or the Social Security Tribunal Regulations, 2022.

Continuing the Appeal Process Without a Party

Contact information on file

9 (1) The Tribunal uses the contact information it has on file when it contacts a party or sends a document to a party.

If the Tribunal cannot reach a party

(2) The Tribunal may continue the appeal process even if it cannot reach a party using the contact information the party gave it. The Tribunal may do this without giving further notice to the party.

Asking for an Accommodation

Definition of accommodation

10 (1) In this section, accommodation means an arrangement to remove a barrier so a person can participate fully in the appeal process. An accommodation must relate to one of the grounds set out in section 3 of the Canadian Human Rights Act.

If a participant needs an accommodation

(2) A participant must notify the Tribunal as soon as possible if they need an accommodation.

PART 3 Roles and Responsibilities

What Part 3 is about

11 This Part sets out the roles and responsibilities of participants and the Tribunal.

All Participants

Participants’ responsibilities

12 Participants must

(a) be respectful and help maintain a safe environment;
(b) be honest; and
(c) not act in any way that goes against these Rules, the Social Security Tribunal Regulations, 2022 or the appeal process.

Parties

How parties participate

13 (1) Parties are responsible for participating in the appeal process. This may include

(a) preparing documents;
(b) filing documents with the Tribunal;
(c) presenting evidence or arguments;
(d) attending a conference or a hearing;
(e) questioning witnesses; and
(f) responding to another party’s arguments.

Following Rules and directions

(2) Parties must follow these Rules and the Tribunal’s directions. This includes

(a) communicating with the Tribunal and responding to its requests; and
(b) meeting the deadlines the Tribunal sets out.

Keeping contact information up to date

(3) Parties must notify the Tribunal as soon as possible of any changes to their contact information.

Representatives

What a representative does

14 (1) If a party chooses to have a representative under section 63.1 of the Department of Employment and Social Development Act, the representative

(a) acts on behalf of the party by presenting their position;
(b) may represent the party for all or part of the appeal process; and
(c) does not need to be a lawyer.

How a representative participates

(2) A representative is responsible for participating in the appeal process in the same way that a party participates as described in section 13.

Sharing information with a party

(3) The Tribunal communicates directly with a representative. The representative must share information they receive from the Tribunal with the party they represent.

Keeping a representative’s contact information up to date

(4) A representative must notify the Tribunal as soon as possible of any changes to their contact information.

If a representative stops representing a party

(5) A representative must notify the Tribunal as soon as possible if they stop representing a party.

Support Persons

Definition of support person

15 (1) In this section and in Part 1, support person means a person who helps a party at an oral hearing by

(a) organizing their documents;
(b) taking notes for the party; or
(c) giving moral and emotional support.

How a support person participates

(2) A support person does not represent the party, but they may attend the oral hearing as an observer.

Sharing information with a support person

(3) The Tribunal does not communicate directly with a support person outside an oral hearing. A party is responsible for sharing information from the Tribunal with their support person if they want the support person to have the information.

Witnesses

What a witness does

16 (1) A witness testifies at an oral hearing to give relevant evidence.

How a witness participates

(2) A witness may be questioned by a party, a representative or the Tribunal. A witness must answer all questions truthfully.

Tribunal

What the Tribunal does

17 (1) The Tribunal hears appeals in a way that allows parties to participate fully in the appeal process. The Tribunal considers all of the parties’ evidence and arguments and gives a decision.

How the Tribunal actively adjudicates

(2) The Tribunal actively adjudicates appeals. Active adjudication may include

(a) deciding what issues need to be addressed;
(b) deciding what procedures are appropriate in the circumstances;
(c) helping parties, representatives and witnesses understand the appeal process and these Rules;
(d) providing information about the laws that apply to the appeal;
(e) providing information about the evidence;
(f) deciding the order for parties to present evidence or arguments at an oral hearing; and
(g) asking parties, representatives and witnesses questions.

PART 4 Documents

What Part 4 is about

18 This Part sets out

(a) how to file documents with the Tribunal and what the Tribunal does with them;
(b) what the Tribunal can do with electronic documents; and
(c) when the Tribunal considers that a party has received a document.

Documents Filed with the Tribunal

How to file documents

19 (1) A party that needs to file a document with the Tribunal must file the document in one of the following ways:

(a) by email, using the address set out on the Tribunal’s website;
(b) by mail, using the address set out on the Tribunal’s website; or
(c) electronically, using the electronic filing procedure set out on the Tribunal’s website.

When a document is filed

(2) A document is considered filed on the date the Tribunal receives it. On each document, the Tribunal indicates the date it received the document.

Extending a deadline that falls on a weekend or holiday

(3) If a filing deadline set by the Tribunal or these Rules falls on a day that is not a business day, the deadline is extended to the next business day.

Adding documents to the appeal record

20 (1) When a party files a document to support their position in an appeal, the Tribunal must add it to the appeal record.

Sending copies to parties

(2) When a party files a document to support their position in an appeal, the Tribunal must send a copy of it to the other parties as soon as possible.

Accessing documents in the appeal record

(3) The public may access the documents in the appeal record unless the Tribunal limits public access to them under section 3 of the Social Security Tribunal Regulations, 2022.

Electronic Documents

An electronic copy is an original

21 (1) An electronic copy of a document is considered the original version of the document.

Making electronic copies

(2) The Tribunal may make an electronic copy of any document filed.

Providing an electronic copy

(3) The Tribunal may provide an electronic copy of any document filed.

Certifying an electronic copy as a true copy

(4) The Tribunal may certify an electronic copy as a true copy.

Receiving Documents from the Tribunal

When a party receives a document by regular mail

22 (1) When the Tribunal sends a document to a party by regular mail, the document is considered received 10 days after the day it was sent.

When a party receives a document by registered mail or courier

(2) When the Tribunal sends a document to a party by registered mail or courier, the document is considered received on the date of the delivery confirmation receipt.

When a party receives a document electronically

(3) When the Tribunal sends a document to a party by email or another electronic method, the document is considered received on the next business day.

Exception

(4) The Tribunal applies sections 22(1) to (3) unless a party shows why the Tribunal should not apply them.

PART 5 Appealing a Decision

What Part 5 is about

23 This Part sets out

(a) how to appeal and what information to provide;
(b) how the Tribunal handles late appeals;
(c) what language the appeal can be in; and
(d) how the Tribunal adds parties.

Notice of Appeal

How to appeal a reconsideration decision to the General Division

24 (1) To appeal a reconsideration decision, an appellant must file a notice of appeal with the Tribunal’s General 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) the identifying number referred to in section 24(2); and
(e) a copy of the reconsideration decision or the date of the reconsideration decision.

Identifying number

(2) The identifying number is the number that the Tribunal asks for on its website. The number may be

(a) a social insurance number;
(b) a Canada Revenue Agency business number; or
(c) any other identifying 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 52 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.

Notifying an employer about an Employment Insurance appeal

25 The Tribunal notifies an appellant’s employer or former employer about an Employment Insurance appeal at the General Division if the appeal is about one of the following situations:

(a) failing to take advantage of an opportunity for, apply for or accept suitable employment under section 27 of the Employment Insurance Act, if the reasons are work-related;
(b) losing or being suspended from an employment because of misconduct under section 30, 31 or 33 of the Employment Insurance Act;
(c) voluntarily leaving an employment under section 30 or 32 of the Employment Insurance Act, if the reasons are work-related; or
(d) a labour dispute under section 36 of the Employment Insurance Act.

How to appeal a General Division decision to the Appeal Division

26 (1) To appeal a General Division decision, an appellant must file an application for permission to appeal with the Tribunal’s Appeal Division. The application 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 application

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

Getting permission to appeal

(3) To be granted permission to appeal, the appellant must show

(a) for an Income Security appeal, that at least one of the criteria set out in section 58.1 of the Department of Employment and Social Development Act is met; and
(b) for an Employment Insurance appeal, that there is a reasonable chance of success on at least one of the grounds of appeal set out in section 58 of the Department of Employment and Social Development Act.

Confirming the application was received

(4) The Tribunal notifies the appellant when it receives their application for permission to appeal.

Late Appeal

How to ask for more time

27 (1) An appellant who files a notice of appeal or an application for permission to appeal after the deadline must explain why they are late. They must file the explanation with the Tribunal.

Deciding to give more time to appeal

(2) The Tribunal gives more time to appeal if the appellant has a reasonable explanation for why they are late. The Tribunal decides whether to give more time without asking the other parties for arguments.

Language of the Appeal

Choosing English or French

28 A party may choose whether they want the appeal to be in English or French. This rule does not apply to the Minister or the Commission.

Documents not in English or French

29 A party who wants to file a document that is not in English or French must

(a) get the document translated into English or French; and
(b) file the translation with the document.

Asking for a translation of a document filed by the Minister or Commission

30 (1) If the Minister or the Commission files a document that is not in a party’s chosen language for the appeal, the party may ask the Tribunal for a translation of the document in that language.

Filing the translation

(2) If a party asks the Tribunal for a translation, the Minister or the Commission must get the document translated unless the document came from the party. The Minister or the Commission must file the translation with the Tribunal.

What to include with translated documents

31 If a party files a translation with the Tribunal, the party must include the following information:

(a) the translator’s full name;
(b) the translator’s contact information; and
(c) a statement from the translator that the translation is accurate.

If a party needs an interpreter

32 (1) A party must notify the Tribunal as soon as possible if they or any other participant need an interpreter to translate what people say at an oral hearing or conference.

Tribunal will provide an interpreter

(2) The Tribunal provides an interpreter if a party asks for one.

Added Parties

When the Tribunal automatically adds a party

33 (1) The Tribunal must add a person as a party to an appeal in the following situations:

(a) when the Minister notifies the Tribunal of that person under section 65 of the Department of Employment and Social Development Act; and
(b) when an employer is appealing a reconsideration decision about that person’s entitlement to benefits under the Employment Insurance Act.

Other situations when the Tribunal could add a party

(2) The Tribunal may decide to add a person as a party to an appeal if the person has a direct interest in the decision.

How to ask to be added as a party

(3) A person who wants to be added as a party to an appeal must file a request with the Tribunal. The request must include

(a) their full name;
(b) their contact information; and
(c) an explanation of how they have a direct interest in the decision.

Deciding without arguments from other parties

(4) The Tribunal decides whether to add a person without asking the other parties for arguments.

PART 6 Procedures that Apply in Certain Situations

What Part 6 is about

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

Joining Appeals

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

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.

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

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.

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.

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.

Exception

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

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

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.

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

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.

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.

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.

Exception

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

Admitting evidence from a professional

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

Exception

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

Handling Late Evidence

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.

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.

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

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.

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.

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

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 7 Income Security Appeal Process

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

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.

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.

Sending filing deadlines

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

If a party is filing evidence, arguments or other documents

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

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.

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

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.

Deciding without arguments from other parties

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

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.

If a party is filing evidence, arguments or other documents

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

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 8 Employment Insurance Appeal Process

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

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.

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.

If a party is filing evidence

52 Parties must file any evidence before the hearing ends.

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

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.

Deciding without arguments from other parties

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

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.

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 9 Hearing and Decision

What Part 9 is about

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

Hearing details

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

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.

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 10 Transitional Provisions

Definitions

60 The following definitions apply in this Part.

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

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.

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.

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.

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.

Exception for ongoing applications to rescind or amend a decision

64 (1) Sections 40 to 42, Parts 7 and 8 and section 57 of these Rules do not apply to applications made under section 66 of the former Act that are ongoing on the day these Rules come into force. For those applications, sections 47 and 48 of the former Regulations continue to apply.

Exception for appeals of rescind or amend decisions to the Appeal Division

(2) Sections 40 to 42, Parts 7 and 8 and section 57 of these Rules do not apply to appeals of decisions made under section 66 of the former Act. For those appeals, sections 41 to 43 of the former Regulations continue to apply.

PART 11 Coming into Force

When these Rules start to apply

65 These Rules come into force on the day Division 20 of Part 4 of the Budget Implementation Act, 2021, No. 1, chapter 23 of the Statutes of Canada, 2021, comes into force, but if they are registered after that day, they come into force on the day they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Rules.)

Executive summary

Issues: Since 2018, the Social Security Tribunal of Canada (SST or the Tribunal) has focused on making its process client-centred. Accessible and flexible rules of procedure that non-lawyers can understand are key to achieving that goal.

Division 20 of the Budget Implementation Act, 2021, No. 1 (BIA) includes amendments to the Department of Employment and Social Development Act (DESDA), the SST’s enabling legislation. The amendments include a power for the Chairperson of the SST to make rules of procedure with the approval of the Minister.

The Social Security Tribunal Rules of Procedure (the Rules) replace the complex and legalistic Social Security Tribunal Regulations (SST Regulations) with flexible and more client-centric procedures for appeals and applications before the Tribunal.

Description: The Rules are intended to govern appeals before the SST in a way that helps parties

understand the appeal process;
fully participate in their appeal, whether or not they have a professional representative;
know what to expect; and
know what may be expected of them.

Rationale: The SST is an administrative tribunal that makes decisions on social security appeals. Rules of procedure that Canadians can easily understand and use will help to promote access to justice and client-centred service.

Stakeholders strongly support rules that are written in plain language, that are flexible in their operation, and that are developed through a client-centric approach. The Rules intend to meet these needs.

No additional costs are expected, as the Rules replace the SST Regulations, which are simultaneously being repealed.

Issues

The SST was created in 2013. It replaced four legacy tribunals. From the outset, the SST inherited a backlog and its procedures were legalistic and complex. The SST faced public criticism for not being accessible to Canadians and taking too long to decide cases.

In 2017, the Minister of Families, Children and Social Development announced that the SST would undergo a third-party review. A consulting firm, KPMG, was engaged to undertake the review. Its goal was to assess whether the SST was meeting the needs of Canadians and delivering its mandate.

The 2018 KPMG review found that the SST needed to change how it delivered its services. The KPMG report laid out a blueprint for change. A dominant theme in its recommendations was the need to move to a client-centric culture at the SST.

Since 2018, the SST has responded and shifted to a client-centric approach. Its processes are designed with a focus on the people it serves, facilitating access to justice and being transparent about its program performance.

User-centred design is at the heart of how the SST manages the appeal process. This is particularly important at the SST because over 70% of the people who file appeals are self-represented. They are some of the most vulnerable Canadians.

Rules of procedure govern how a tribunal manages its processes. In the case of the SST, the rules need to respond to the real-life needs of the people who appeal entitlement to benefits that can have a profound effect on their financial security and well-being.

The SST Regulations, which are simultaneously being repealed and replaced by the Rules, were too complex for most to navigate. They made heavy use of legal terminology and prescribed cumbersome procedures. The Rules are written in plain language, are more accessible for self-represented parties, and create simpler processes.

Background

The SST is an independent administrative tribunal that decides appeals regarding benefits under the Employment Insurance Act, the Canada Pension Plan, and the Old Age Security Act. Administrative tribunals are supposed to provide a justice service that is less formal, faster and more accessible than the courts.

The legal basis for the SST’s structure and decision-making power comes from Part 5 of the DESDA. The SST is accountable to Parliament through the Minister of Employment, Workforce Development and Disability Inclusion.

Division 20 of the BIA, which received royal assent on June 29, 2021, includes amendments to Part 5 of the DESDA. The amendments give the Chairperson of the SST the authority to make rules of procedure.

The Rules are one element in a package of reforms to the appeal process at the SST. These reforms are being made with a view to making the appeal system more client-centric and simple, quick and fair.

The other changes, led by Employment and Social Development Canada (ESDC), include

amendments to the SST’s enabling legislation (the DESDA) set out in Division 20 of the BIA;
repealing of the SST Regulations; and
three Governor-in-Council made regulations set out in the new Social Security Tribunal Regulations, 2022, dealing with the following: choice of format of hearing, confidentiality of proceedings, and constitutional questions.

The Rules replace the SST Regulations. In addition to the Rules, the SST is required to follow the regulations provided for in the new Social Security Tribunal Regulations, 2022.

Objective

The objective of the Rules is to set out modernized rules of procedure that help facilitate access to justice by making proceedings simple, quick and fair. Plain language Rules intend to help parties understand and navigate the appeal process more easily and efficiently. They do this by enabling parties to know what to expect from the appeal process and to know what may be expected of them.

Description

The Rules set out the appeal process in plain language. They apply to all parties appearing before the Tribunal.

The Rules include direction on the following matters, which were not set out in the SST Regulations, including

allowing a party to request an accommodation in the appeal process, in accordance with the grounds set out in the Canadian Human Rights Act;
explaining the roles and responsibilities of all participants and the SST in the appeal process;
allowing the Tribunal to use active adjudication;
identifying the official language of the appeal and how to request an interpreter;
explaining how to notify the Tribunal about a witness;
explaining how to ask the Tribunal to limit public access to all or part of a hearing or the appeal record; and
explaining how late evidence is handled.

The Rules include updates to procedures that were previously provided for in the SST Regulations. The changes make the procedures more client-centric. They include

simplifying the filing requirements for starting an appeal;
eliminating duplication in the regulations on holding conferences;
setting out a more client-centric approach to late appeals;
clarifying the procedures related to adding a person as a party;
explaining how to join related appeals and how to withdraw an appeal; and
simplifying the approach to rescheduling a hearing (adjournments).

At the General Division Employment Insurance, the Rules

clarify that appellants have to file any evidence and written submissions they want the SST to consider before the end of the hearing.

At the Appeal Division Employment Insurance, the Rules

align the process with the SST’s actual procedures for when a notice of hearing is sent;
eliminate the rarely used option of filing a notice if a party doesn’t want to file submissions; and
provide parties with a chance to reply to what the other party submitted if a hearing in writing is held.

At the General Division Income Security, the Rules

eliminate the notice of readiness process that was provided for in the SST Regulations. This will simplify the process for appellants and reduce the burden that parties experience with readiness; and
set out a more flexible approach for the Tribunal to notify parties of the filing deadlines within a maximum of a two-year period.

At the Appeal Division Income Security, the Rules

reflect new procedures needed because of the amendments to the DESDA that provide, once permission to appeal is granted, that the appeal will be heard as a new proceeding (de novo). For example, parties are able to file evidence (including witness testimony); and
set out a flexible approach for the Tribunal to notify the parties of the filing deadlines, if permission to appeal is granted.

Regulatory development

Consultation

Consultation — Summer 2021

The SST’s objective was to develop rules with a user-centred focus. To do this, the SST engaged stakeholders early in the process. The SST’s stakeholder tables (Employment Insurance Appeals Consultative Committee and the Income Security Appeals Consultative Committee) as well as an extended group of additional diverse stakeholders were invited to participate in consultation sessions.

The SST held three virtual consultation sessions in July 2021: a general session, an Employment Insurance session, and an Income Security session.

The SST invited 360 stakeholders to attend, including

disability advocates;
legal clinics;
Indigenous organizations, legal aid clinics and advocacy groups;
plain language experts;
representatives in the Income Security and Employment Insurance fields;
representatives from the Department of Employment and Social Development Canada; and
representatives from the Canada Employment Insurance Commission (the Commission).

Of the 360 stakeholders invited, approximately 120 stakeholders attended the virtual sessions. A separate and subsequent session also took place with representatives from ESDC and the Commission, at the department’s request.

The primary forums for input included

the three virtual sessions where SST leadership and stakeholders discussed ideas for new Rules;
a questionnaire to provide written feedback circulated to those who attended the virtual session(s); and
a survey posted on the SST website in June 2021 until July 23, 2021. All interested persons were invited to complete it. The survey was also circulated to stakeholders electronically. A total of 53 people completed the survey.

Stakeholder feedback was sought on a selection of important themes including the SST’s approach to the following matters provided in the proposed Rules: late appeals, adjournments, language of the appeal, added parties, withdrawals, and witnesses.

The SST also sought feedback on pain points for claimants (e.g. whether there are provisions that are missing, unclear, or do not work well for claimants).

Feedback demonstrated strong support for the SST’s client-centred and plain language design, including rules that are both general and flexible in nature.

In response to the feedback received and to keep stakeholders informed, in October 2021, the SST

published an overview summarizing the results of the consultations including the Tribunal’s intentions with the proposed Rules;
published an overview of who took part in the external survey and what mattered to them; and
responded to stakeholder feedback by email.

Prepublication on the SST website — June 2022

The proposed Rules were published on the SST’s website on May 28, 2022, for a 31-day consultation period. The SST received six sets of comments. Five from our stakeholder community and one from ESDC. Overall, stakeholder comments were positive and expressed support for the Rules. A summary of the key comments received is provided below.

As a result of the consultation and stakeholder input, the following changes were made to the proposed Rules for their final publication in Part II of the Canada Gazette:

Conducting the appeal process

Regarding section 8(2) [“using different methods of adjudication”], a stakeholder asked how different methods other than adversarial methods would be implemented. The SST has revised the rule to clarify that the Tribunal uses active adjudication to help parties participate fully in the appeal process and removed the notion of “different methods of adjudication.” The Rules explain what active adjudication is at section 17(2).

Conferences

The proposed Rules intended to simplify how the SST explains and uses conferences. Comments from one stakeholder suggested that the definition of conference provided in section 5 wasn’t clear. In response, the SST removed the definitions of “conference” and “settlement conference” from section 5. This is because section 37(1) explains what a conference may cover and section 38(1) in the Rules explains that a settlement conference is confidential.

Grounds of appeal

A couple of stakeholders suggested that section 26 (“How to appeal a General Division decision to the Appeal Division”) should reference the grounds for appeal in the DESDA. This was suggested so appellants are reminded when filing their application for permission to appeal they must meet certain criteria in the DESDA. The SST agreed with the recommendation, and revised section 26 to include cross-references to the DESDA.

Hearing and decision

A stakeholder commented that the title provided for section 56 (“what Part 9 is about”), should focus less about proceeding without a party and be more representative of its contents. The SST agreed and revised the title of section 56 to make it more reflective of the contents provided in Part 9.

Reconsideration decision

A stakeholder commented that the definition of “reconsideration decision” in section 5 (“definitions”) could benefit from further explanation rather than solely stating that a reconsideration means a decision that the Minister or Commission made under section 81(2) or (3) of the Canada Pension Plan, section 27.1(2) of the Old Age Security Act or section 112 of the Employment Insurance Act.

The SST agreed and modified the definition to make it clear that a reconsideration decision includes a decision that the Minister or Commission made about more time to make a reconsideration request; and in the case of a decision that the Minister made under section 81 of the Canada Pension Plan, a decision to rescind or amend a decision based on new facts.

Representatives

One stakeholder recommended that the SST clarify for clients that a representative doesn’t have to be a lawyer. The SST agreed with the recommendation and adopted it.

Roles and responsibilities

Section 12 of the Rules sets out participants’ responsibilities including that they not act in any way that goes against the Rules or the appeal process. A stakeholder recommended that the rule also reference the SST Regulations, 2022. The SST agreed with the recommendation and so adopted it.

A summary of other key comments which were not adopted and reflected in the Rules are discussed below.

Added parties

Section 33(2) [“Other situations when the Tribunal could add a party”], sets out that the Tribunal may decide to add any person as a party to an appeal if the person has a “direct interest” in the decision. One stakeholder suggested that the SST consider defining the meaning of “direct interest” in the definitions section. After careful consideration, the SST decided against adopting this suggestion, as defining the term will limit how the term may be interpreted by the Tribunal.

Conferences

One stakeholder commented that section 37(1) [“what a conference may cover”] only provides that the Tribunal may invite parties to a conference, including a settlement conference, and doesn’t mention whether a party to the appeal can request a settlement conference.

The Rules were not revised in response to this comment. This is because section 8(3) [“if a party wants the Tribunal to decide on a procedure”] provides that a party may ask the Tribunal to do or decide something as part of the appeal process. This is a general provision for parties to make requests, so it enables a party to request a settlement conference.

Evidence

Several comments were received from stakeholders on procedures for submitting evidence. Stakeholders were interested in knowing whether new evidence would be accepted during or after a hearing, indicating that it should be.

In section 42(2), the Rules set out specific considerations for the Tribunal when evidence is filed late. The Tribunal did not make any changes further to the stakeholder comments, as such a provision is needed to ensure a fair and efficient appeal process.

At the General Division Employment Insurance, parties continue to be able to file evidence up until the end of the hearing. Therefore, members can allow evidence which comes up at a hearing to be filed. Only evidence filed after the hearing will be considered late, at which time the rule in section 42 will apply.

In Income Security appeals, underrepresented parties have navigators to guide them through the process, ensuring that parties are aware of the deadlines to file evidence. Also, at the General Division Income Security, parties have up to two years to file evidence. A party can always ask for more time if they need it. Requests for more time will be assessed on a case-by-case basis.

Interveners

The Rules are silent on interveners. A stakeholder asked if the Rules should include a rule on interveners given that there currently isn’t any guidance on this matter. As previously confirmed in our overview of key takeaways, the SST didn’t include a provision on this subject since intervener requests are very rare (there have only been two requests for intervener status since 2013). Despite not being addressed in the Rules, SST case law confirms that it is possible to request to participate as an intervener. In the future, the SST intends to provide information on this topic on our website. For these reasons, the Rules were not adjusted to include a rule on interveners.

Language of proceedings

On languages of the appeal, a stakeholder recommended that the SST define the languages that are available for interpretation to assist appellants and representatives. The provision on requesting an interpreter is intentionally broad and the SST doesn’t have a set list of available languages for interpretation. For these reasons, the SST didn’t adopt this recommendation. Rather, a party may make a request for an interpreter and the SST will provide one.

Rescheduling a hearing

A stakeholder commented that section 43(1)(c), requiring a party wishing to reschedule their hearing be available for a hearing within two weeks of their original hearing date, doesn’t provide appellants with sufficient time. Rather, the SST should consider putting in place a process by which the Tribunal seeks the parties’ availability before rescheduling.

After careful consideration, the SST didn’t adopt changes further to this recommendation. This is because the intention for this rule is to expand on the SST’s current administrative change of date practice, giving parties more time to request a hearing date, regardless of the reasons. In practice, parties are usually available for a rescheduled hearing within a few days and weeks. Parties who are not available within the two weeks may still ask for their appeal to be rescheduled, but it will not be automatic. Moreover, the practice for General Division Income Security matters and Appeal Division matters is to seek parties’ availability before scheduling.

Service standards

Regarding section 59 (“when the Tribunal gives its decision”), one stakeholder suggested that a timeframe for the decision to be rendered should be applied to the member. Moreover, if they’re unable to comply with the timeframe, parties should be notified. Given that the SST publishes service standards on its website quarterly and reports on its performance annually, the SST decided against adopting this recommendation.

A final and noteworthy change not stemming from stakeholder feedback:

Witnesses

The SST has revised the rules on witnesses. This change was not a result of stakeholder feedback but rather to make the process for dealing with professional witnesses (such as doctors) simpler and less legalistic.

The Tribunal will not qualify witnesses as experts in order to admit their evidence in an appeal. This is set out in section 41(4). Qualifying a witness as an expert for the purpose of admitting their evidence is required in court proceedings, but is an unnecessary formality in the work of the SST.

In section 41(2) on witnesses, the notion of an “expert” witness has been removed and replaced with if a witness is testifying as a “professional.” The revised provision requires that if a witness is testifying as a professional, they must include the information listed in section 41(2).

Due to the changes made in section 41(2), section 41(3) has been updated to include an exception to section 41(2). It now states that section 41(2) does not apply to a witness who is a health care professional who treated the party seeking benefits.

In addition to the responses provided in this Regulatory Impact Analysis Statement (RIAS), the SST provided written responses directly to a couple of stakeholders regarding feedback that was outside the scope of the Rules and, therefore, did not impact the Rules.

Modern treaty obligations and Indigenous engagement and consultation

Since the Rules are about the SST’s appeal process, the SST does not believe that they will have an impact on modern treaty obligations and Indigenous engagement and consultation in Canada. That being said, as indicated above, the SST invited approximately 10 Indigenous organizations and advocates for Indigenous rights to the consultations on the proposed Rules to solicit their feedback.

Instrument choice

Subsection 48(2) of the DESDA, as amended by section 221 of Budget Implementation Act, 2021, No. 1, states that the Chairperson of the SST may, with the approval of the Minister, make rules respecting the procedures governing proceedings before the Tribunal. Therefore, no other instrument was considered.

Regulatory analysis

Benefits and costs

No additional costs are expected. The Rules replace the SST Regulations with accessible and more client-centric procedures for appeals and applications before the SST.

The Rules are intended to simplify and streamline the SST’s processes.

Benefits include helping parties

understand the appeal process;
fully participate in their appeal, whether or not they have a professional representative;
know what to expect; and
know what may be expected of them.

Additional anticipated benefits include time savings in getting information about the appeal process and navigating the process and possible cost savings for parties in that the Rules are intended to facilitate simple, quick, and fair proceedings.

Small business lens

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

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.

Regulatory cooperation and alignment

International agreements are not impacted by the Rules; therefore, it was not necessary for the SST to consider other regulatory cooperation options. The Rules apply only to parties involved in appeals before the SST which means there is no possibility for there to be regulatory differences or duplicative requirements and processes with other governments.

Alignment between the Rules and the ESDC-led reforms was required to ensure that there was no duplication and to coordinate the coming-into-force timelines.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that the Rules will not result in any environmental impacts; therefore, a strategic environmental assessment is not required.

Gender-based analysis plus (GBA+)

In light of the mandate given to the SST and its shift to a user-centred approach to designing its processes, the Rules have been written for the people who use the SST’s appeal system. They are intended to be responsive to the needs of our vulnerable users including people with disabilities, seniors and unemployed people. Many are without secondary or post-secondary education.

Given its approach to the Rules, the SST does not anticipate that they will have a negative or disproportionate impact on historically disadvantaged or vulnerable groups. On the contrary, they are structured in such a way to equitably enable all users to easily understand and navigate the appeal process so that they can fully participate in their appeal and understand their outcome.

Implementation, compliance and enforcement, and service standards

The Rules will come into force on the same day as Division 20 of the BIA No. 1, 2021 or the day on which they are registered (whichever is later). They will apply immediately to all appeals that are ongoing on the day the Rules come into force, subject to certain exceptions for the appeal process specific to

ongoing Income Security appeals at the General Division;
ongoing Income Security appeals at the Appeal Division;
appeals of summary dismissal decisions to the Appeal Division;
ongoing applications to rescind or amend a decision; and
appeals to rescind or amend decisions to the Appeal Division.

Once published in Part II of the Canada Gazette, the final version of the new Rules will also be made available on the SST’s website, have been communicated to stakeholders by email and announced on social media accounts.

Contact

Michelle Normandeau
General Counsel
Social Security Tribunal of Canada
Email: SST.RULES-TSS.REGLES@canada.gc.ca