Rules Amending the Social Security Tribunal Rules of Procedure: SOR/2025-91

Canada Gazette, Part II, Volume 159, Number 7

Registration
SOR/2025-91 March 7, 2025

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 Rules Amending the Social Security Tribunal Rules of Procedure;

Therefore, the Chairperson of the Social Security Tribunal makes the annexed Rules Amending the 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, March 6, 2025

Shirley Netten
Chairperson of the Social Security Tribunal

Rules Amending the Social Security Tribunal Rules of Procedure

Amendments

1 Subsection 1(1) of the Social Security Tribunal Rules of Procedure ^{footnote 1} is renumbered as section 1 and subsection 1(2) is repealed.

2 (1) Section 2 of the French version of the Rules is replaced by the following:

Présentation du Tribunal

2 Le Tribunal est un tribunal administratif indépendant. Il est composé des membres de la division générale et de la division d’appel. Ces membres sont nommés en vertu de la partie 5 de la Loi sur le ministère de l’Emploi et du Développement social. Le Tribunal est appuyé par le Secrétariat du Tribunal. Le Secrétariat est composé d’employés du Service canadien d’appui aux tribunaux administratifs. Au nom du Tribunal, le Secrétariat s’occupe de certaines des tâches administratives en lien avec les règles.

(2) Section 2 of the Rules is renumbered as subsection 2(1) and is amended by adding the following:

General Division

(2) The Tribunal’s General Division decides appeals from reconsideration decisions made under each of the following:

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

Appeal Division

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

3 Section 3 of the Rules is amended by adding “and” at the end of paragraph (h) and by repealing paragraphs (j) and (k).

4 (1) The definition Income Security appeal in section 5 of the Rules is replaced by the following:

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. It includes an appeal from a General Division Income Security decision to the Appeal Division. (appel en sécurité du revenu)

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

• (c) the appellant and any other party to the appeal at the General Division, for appeals at the Appeal Division; and

5 Subsection 8(2) of the Rules is replaced by the following:

Using active adjudication

(2) The Tribunal uses active adjudication as described in section 17(2) to help parties participate fully in the appeal process.

6 (1) Paragraph 17(2)(e) of the English version of the Rules is replaced by the following:

• (e) providing information about evidence;

(2) Paragraph 17(2)(g) of the Rules is replaced by the following:

• (g) asking parties, representatives and witnesses questions at an oral hearing.

7 Section 19 of the Rules is amended by adding the following after subsection (1):

Filing documents in a specific form and manner

(1.1) The Tribunal may require a party to file a document in a specific form and manner.

8 (1) Subsection 24(1) of the Rules is amended by adding “and” at the end of paragraph (c) and by replacing paragraphs (d) and (e) with the following:

• (d) a copy of the reconsideration decision or the date of the reconsideration decision.

(2) Subsection 24(2) of the Rules is replaced by the following:

Identifying number

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

9 Section 30 of the Rules is replaced by the following:

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

30 (1) A party may ask the Tribunal for a translation of a document into their chosen language for the appeal if the document

• (a) was filed by the Minister or the Commission;
• (b) is in English or French; and
• (c) did not come from the party.

Filing the translation

(2) If a party asks for a translation of a document that meets the conditions set out in section 30(1), the Minister or the Commission must file the translation with the Tribunal.

10 Subsection 38(1) of the French version of the Rules is replaced by the following:

Conférence de règlement à l’amiable

38 (1) Si la conférence vise un règlement à l’amiable, les documents relatifs à la conférence et les discussions qui y ont lieu ne peuvent pas être divulgués. Ces documents sont exclus du dossier d’appel.

11 Section 39 of the Rules is replaced by the following:

If the parties reach an agreement

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

Exception

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

12 The heading before section 42 of the Rules is replaced by the following:

Handling Late Evidence or Written Arguments

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

If a party files evidence or written arguments after a deadline

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

(2) Paragraphs 42(2)(a) to (c) of the Rules are replaced by the following:

• (a) the evidence or argument is relevant;
• (b) the evidence or argument is new;
• (c) the party could have filed the evidence or argument earlier;

(3) Paragraphs 42(2)(d) and (e) of the French version of the Rules are replaced by the following:

• d) la permission causerait une injustice pour l’une des parties;
• e) la permission causerait des retards.

14 Subsection 43(1) of the Rules is replaced by the following:

Asking to reschedule a hearing

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

• (a) they are asking for the first time;
• (b) the original hearing was not scheduled according to their availability or their representative’s availability;
• (c) they ask at least five business days before the original hearing date; and
• (d) they are available for a hearing within two weeks before or after the original hearing date.

15 Paragraph 44(b) of the French version of the Rules is replaced by the following:

• b) dans le cas d’une audience par écrit, avant que le Tribunal rende sa décision.

16 Section 46 of the Rules is amended by adding the following after subsection (1):

Filing in a single organized file

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

17 Subsection 47(4) of the French version of the Rules is replaced by the following:

Délai de 2 ans

(4) À moins de circonstances exceptionnelles, les dates limites pour le dépôt ne peuvent pas tomber plus de 2 ans après la date du dépôt de l’avis d’appel par l’appelant.

18 Parts 10 and 11 of the Rules are repealed.

Coming into Force

19 These Rules come into force on May 14, 2025, but if they are registered after that day, they come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Rules.)

Issues

The Social Security Tribunal Rules of Procedure (the Rules) came into force in December 2022. The Social Security Tribunal (SST) consulted widely on the Rules to ensure they focused on the people who use its services. Now, the SST is making minor amendments to clarify the application of certain Rules.

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. The SST has two divisions: the General Division and the Appeal Division.

The intent of an administrative tribunal is to be less formal, more expeditious and more accessible than the courts. Since 2018, the SST has 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.

The SST’s structure and decision-making power comes from Part 5 of the Department of Employment and Social Development Act (DESDA). The SST is responsible to Parliament through the Minister of Employment and Social Development.

In 2022, the DESDA was amended to simplify the Income Security appeals process at the SST’s Appeal Division. The previous Social Security Tribunal Regulations were repealed and replaced with Rules written in plain language designed from a user perspective, allowing self-represented claimants to easily navigate the appeal process.

Objective

The amendments to the Rules are written in plain language. They are intended to facilitate access to justice by setting out simple, flexible, efficient, and fair procedures.
The amendments to the Rules align with the SST’s client-centric approach allowing self-represented claimants to navigate the appeal process easily. The amendments to the Rules simplify certain processes and clarify the application of particular Rules.

Description

Minor changes to the Rules simplify certain processes or clarify the meaning of particular Rules. These changes are explained below:

Filing of arguments after a deadline

• Under the current Rules, if a party files evidence after a filing deadline, an SST member must consider any relevant factor to decide whether to give a party permission to use the evidence. Some of these relevant factors are listed in the Rules. On occasion, a party will file arguments after a filing deadline. Since the filing of late arguments by a party was not a circumstance provided under the Rules, the amendment allows an SST member to consider the same factors for the late filing of arguments as they would for the late filing of evidence.

Rescheduling of a hearing

• The current Rules provide that a party may ask the SST to reschedule a hearing automatically if the party meets specific conditions. The Rules are being modified to add the condition that if the original hearing had been scheduled according to a party’s or representative’s availability, the hearing would not be rescheduled automatically. However, the party or representative would be able to request the rescheduling of the hearing to the SST member.

Asking for a translation of a document

• The current Rules provide that a party may ask the SST for the translation of a document that has been filed by the Minister or Commission but that is not in a party’s chosen language for the appeal. The wording of this Rule created confusion as to who was responsible for the translation of the document. The amended Rule clarifies that the Minister or Commission will have to file the translation of a document in the party’s chosen language if the Minister or Commission filed the document in English or French and it did not come from the party. If these conditions are not met, the party will not be able to ask for a translation.

Regulatory development

Consultation

The SST conducted a public consultation by publishing the draft Rules on its website from December 9, 2024, to January 9, 2025.

The SST received three responses. Two people made comments unrelated to the Rules amendments. Employment and Social Development Canada (ESDC) asked questions about revised Rule 46, which requires their reconsideration file to be submitted in a single organized file. The SST responded directly, explaining its intention to continue working collaboratively with ESDC on the form and manner of the reconsideration file, to meet the needs of self-represented parties.

None of the responses led to changes to the draft Rules.

Modern treaty obligations and Indigenous engagement and consultation

In accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an assessment of Modern Treaty Implications was conducted for this regulatory proposal. Since the amendments are procedural in nature, the SST does not believe that they will have an impact on modern treaty obligations and Indigenous engagement and consultation in Canada.

Regulatory analysis

Benefits and costs

No additional costs to appellants are expected as a result of the amendments to the Rules.

The Rules are expected to contribute to the efficiency of appeals.

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

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 jurisdictions.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, a preliminary scan concluded that a strategic environmental and economic assessment is not required.

Gender-based analysis plus

Considering the SST’s mandate and its commitment to user-centred design, the Rules are written for and are responsive to the diverse population groups that use the SST’s appeal system, including people with low income, persons with disabilities, seniors, and persons without higher education. The SST continually analyzes disaggregated user data to ensure its processes remain accessible to all people.

The SST does not anticipate that the Rules amendments will have a negative or disproportionate impact on historically disadvantaged or vulnerable groups. On the contrary, the Rules are structured so that all users can better understand and navigate the appeal process and fully participate in their appeal.

Implementation, compliance and enforcement, and service standards

The amendments to the Rules to clarify certain procedures will come into force on May 14, 2025. If they are registered after that day, they come into force on the day on which they are registered.

The final version of the Rules, as amended, will be posted on the SST’s website once published in the Canada Gazette, Part II. It will also be shared with stakeholders through email and announced on social media accounts.

Contact

Sandra Gruescu
Senior Counsel
Secretariat to the Social Security Tribunal of Canada
Email: SST.RULES-TSS.REGLES@canada.gc.ca