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

Marginal note:Sending filing deadlines

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

• Marginal note:If a party is filing evidence, arguments or other documents

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

• Marginal note: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.

• Marginal note: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

Marginal note: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.

• Marginal note:Deciding without arguments from other parties

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

Marginal note: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.

• Marginal note:If a party is filing evidence, arguments or other documents

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

• Marginal note: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 8Employment Insurance Appeal Process

Marginal note: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

Marginal note: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.

• Marginal note: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.

Marginal note:If a party is filing evidence

52 Parties must file any evidence before the hearing ends.

Marginal note: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

Marginal note:Notifying the Board of Appeal

• 54 (1) The Tribunal notifies the Board of Appeal when an appellant files a notice of appeal from a Board of Appeal decision.

• Marginal note:Sending the Tribunal the appeal record

  (2) Within seven business days after the day the Tribunal notifies the Board of Appeal, the Board of Appeal must send the Tribunal

  • (a) contact information for any party, if the Tribunal asks for it; and

  • (b) the appeal record, which must include a copy of the following:

    • (i) the Commission’s reconsideration file sent to the Board of Appeal,

    • (ii) all other documents that were before the Board of Appeal members when reaching their decision, including all documents a party sent the Board of Appeal (such as forms, letters, evidence and arguments) and all documents the Board of Appeal sent a party (such as notices, letters and decisions), and

    • (iii) any recording of the hearing.

• Marginal note:Filing in a single organized file

  (3) The documents referred to in section 54(2)(b)(ii) must be filed in a single organized file.

• Marginal note:Filing in a specific form and manner

  (4) The Tribunal may require that the Board of Appeal file any document referred to in section 54(2)(b)(ii) or any recording referred to in section 54(2)(b)(iii) in a specific form and manner.

• Marginal note:Sending copies to parties

  (5) The Tribunal must send the parties a copy of the documents in the appeal record. If the appeal record includes a recording of the hearing and a party asks for a copy of it, the Tribunal must send a copy to all parties.

Marginal note:Sending filing deadlines

• 55 (1) The Tribunal must send the parties the deadlines for filing arguments.

• Marginal note:Questions of constitutional law

  (2) If an appeal is about a question of constitutional law, the deadlines may include deadlines for filing evidence.

• Marginal note:If a party is filing evidence or arguments

  (3) Parties must file any evidence or arguments by the filing deadlines.

• Marginal note:Changing the filing deadlines

  (4) The Tribunal may change the filing deadlines if it considers the change necessary. The Tribunal must then send the parties the new deadlines.

PART 9Hearing and Decision

Marginal note:What Part 9 is about

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

Marginal note:Hearing details

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

Marginal note: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.

Marginal note: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[Repealed, SOR/2025-91, s. 18]

Marginal note:Sending a copy of the decision to the Board of Appeal

60 For Employment Insurance appeals at the Appeal Division, the Appeal Division sends a copy of its final decision to the Board of Appeal if the appeal is from

• (a) a Board of Appeal decision; or

• (b) a General Division Employment Insurance decision that is being referred back to the Board of Appeal for reconsideration.

61 [Repealed, SOR/2025-91, s. 18]

62 [Repealed, SOR/2025-91, s. 18]

63 [Repealed, SOR/2025-91, s. 18]

64 [Repealed, SOR/2025-91, s. 18]

PART 11[Repealed, SOR/2025-91, s. 18]

65 [Repealed, SOR/2025-91, s. 18]