Rules Amending the Social Security Tribunal Rules of Procedure (Canada Disability Benefit): SOR/2025-92

Canada Gazette, Part II, Volume 159, Number 7

Registration
SOR/2025-92 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 (Canada Disability Benefit);

Therefore, the Chairperson of the Social Security Tribunal makes the annexed Rules Amending the Social Security Tribunal Rules of Procedure (Canada Disability Benefit) under subsection 45.1(2)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 (Canada Disability Benefit)

Amendments

1 Subsection 2(2) of the Social Security Tribunal Rules of Procedure footnote 1 is amended by adding the following after paragraph (a):

2 (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, the Canada Disability Benefit Regulations 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) The definition reconsideration decision in section 5 of the Rules is amended by adding the following after paragraph (a):

(3) The definition reconsideration request in section 5 of the Rules is amended by adding the following after paragraph (a):

Coming into Force

3 These Rules come into force on the day on which the Canada Disability Benefit Regulations come into force, but if they are registered after that day, they come into force on the day after 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 (Rules) came into force in December 2022. Amendments to the Rules are now needed.

The Canada Disability Benefit Act became law on June 22, 2023. It establishes the framework for the Canada Disability Benefit (CDB), a new annual benefit for eligible working-age persons with disabilities. Further details of this new benefit are set out in regulations. The CDB Regulations provide for appeals from reconsideration decisions made about a person’s entitlement to the CDB to the Social Security Tribunal (SST). Amendments to the Department of Employment and Social Development Act (DESDA) in June 2024 (section 66) also support this new mandate. The SST Rules require amendments to reflect the change to its mandate.

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 (GD) and the Appeal Division (AD).

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 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.

On June 22, 2023, the Canada Disability Benefit Act received royal assent. The CDB Regulations establish the parameters for the CDB, such as eligibility criteria and the CDB amount. Under the CDB Regulations, the SST will hear appeals of reconsideration decisions about a person’s entitlement to the CDB. Consequently, the Rules require amendments to reflect the SST’s new functions.

Objective

The amendments to the Rules reflect the CDB Regulations under which the SST will decide appeals of reconsideration decisions about the CDB.

Description

The amendments to the Rules account for the SST’s new mandate to decide appeals from reconsideration decisions about a person’s entitlement to the CDB. These appeals would come to the SST’s GD or AD. They would follow a similar appeal process as other income security appeals.

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. One comment concerned the CDB but was unrelated to the Rules amendments.

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 Implementations, 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.

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

The Rules align with the ESDC-led reforms.

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.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

Considering the SST’s mandate and its commitment to user-centered 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 include CDB appeals will come into force on the day on which the Canada Disability Benefit Regulations come into force. If they are registered after that day, they come into force on the day after 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 Part II of the Canada Gazette. 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