Social Security Tribunal Rules of Procedure

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.