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

Late Appeal

Marginal note: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.

• Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note:Tribunal will provide an interpreter

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

Added Parties

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Deciding without arguments from other parties

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

PART 6Procedures that Apply in Certain Situations

Marginal note:What Part 6 is about

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

Joining Appeals

Marginal note: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

Marginal note: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.

• Marginal note: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

Marginal note:What a conference may cover

• 37 (1) The Tribunal may hold a conference with the parties to talk about the appeal. A conference may include discussions about any matter, such as

  • (a) the step the appeal is at and the next steps in the appeal process;

  • (b) the issues in the appeal;

  • (c) the Tribunal’s authority to do or decide something;

  • (d) the deadlines for filing documents; and

  • (e) ways to settle the appeal without a hearing.

• Marginal note:How a conference takes place

  (2) A conference may take place

  • (a) by phone;

  • (b) by video or other type of telecommunication; or

  • (c) in person.

Marginal note:If a conference is a settlement conference

• 38 (1) If a conference is a settlement conference, documents related to the conference and discussions at the conference must not be disclosed. The documents are not part of the appeal record.

• Marginal note:Exception

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

• Marginal note:If there is a hearing after a settlement conference

  (3) The Tribunal member who holds a settlement conference must not hear the appeal unless all parties agree.

Deciding Based on an Agreement

Marginal note:If the parties reach an agreement

• 39 (1) 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.

• Marginal note:Exception

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

Having a Witness Participate

Marginal note:Having a witness at an oral hearing

40 A party may have a witness testify at an oral hearing in the following types of appeals:

• (a) an Employment Insurance appeal at the General Division;

• (b) an Income Security appeal at the General Division;

• (c) an Income Security appeal at the Appeal Division; and

• (d) an Employment Insurance appeal at the Appeal Division, if the appeal is from a Board of Appeal decision and is about a question of constitutional law.

Marginal note:How to notify the Tribunal about a witness

• 41 (1) If a party wants to have a witness testify in an Income Security appeal or in an Employment Insurance appeal that is about a question of constitutional law, the party must file a notice with the Tribunal by the filing deadline. The notice must include the following information:

  • (a) the witness’s full name;

  • (b) the relationship between the party and the witness; and

  • (c) the language the witness will use to testify.

• Marginal note:Other information to include about certain witnesses

  (2) If a witness is testifying as a professional, the notice must also include the following:

  • (a) the witness’s résumé; and

  • (b) a list of the documents filed with the Tribunal that the witness will testify about or a summary of what the witness will testify about.

• Marginal note:Exception

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

• Marginal note:Admitting evidence from a professional

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

• Marginal note:Exception

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

Handling Late Evidence or Written Arguments

Marginal note: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.

• Marginal note:What factors the Tribunal considers

  (2) When deciding whether to give a party permission, the Tribunal must consider any relevant factor. For example, the Tribunal considers whether

  • (a) the evidence or argument is relevant;

  • (b) the evidence or argument is new;

  • (c) the party could have filed the evidence or argument earlier;

  • (d) giving permission would be unfair to a party; and

  • (e) giving permission would cause delays.

• Marginal note:Deciding without arguments from other parties

  (3) The Tribunal decides whether to give permission without asking the other parties for arguments unless fairness requires the Tribunal to ask.

Rescheduling a Hearing

Marginal note:Asking to reschedule a hearing

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

• Marginal note:Explaining why the hearing needs to be rescheduled

  (2) If a party wants to reschedule a hearing but does not meet the conditions set out in section 43(1), the party must file a request with the Tribunal. The request must explain why they want the hearing rescheduled.

• Marginal note:Rescheduling for fairness reasons

  (3) The Tribunal may reschedule the hearing only if it is necessary for a fair hearing. The Tribunal decides whether to reschedule without asking the other parties for arguments unless fairness requires the Tribunal to ask.

Withdrawing an Appeal

Marginal note:How to withdraw an appeal

44 An appellant may withdraw their appeal. They may do this by notifying the Tribunal anytime

• (a) before the hearing ends, when there is an oral hearing; or

• (b) before the Tribunal gives its decision, when there is a hearing in writing.

PART 7Income Security Appeal Process

Marginal note:What Part 7 is about

45 This Part sets out specific rules for Income Security appeals at the General Division and Appeal Division.

Income Security Appeals at the General Division

Marginal note:Filing the reconsideration file

• 46 (1) The Minister must file the reconsideration file with the Tribunal within 20 days after the day the Minister receives a copy of the notice of appeal.

• Marginal note: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.

• Marginal note:What to include with the reconsideration file

  (2) The reconsideration file must include a copy of the following:

  • (a) the application that led to the reconsideration request;

  • (b) the reconsideration request;

  • (c) the reconsideration decision; and

  • (d) all other relevant documents, including, if applicable,

    • (i) the notification referred to in section 46 or 46.1 of the Canada Pension Plan Regulations,

    • (ii) a document that sets out the information referred to in section 54(2) of the Canada Pension Plan Regulations,

    • (iii) the notice referred to in section 60(7) of the Canada Pension Plan, and

    • (iv) the notice referred to in section 16 or 24 of the Old Age Security Act.