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Social Security Tribunal Regulations (SOR/2013-60)

Regulations are current to 2022-07-25 and last amended on 2013-12-12. Previous Versions

Appeals to General Division (continued)

Filing of Appeal (continued)

Marginal note:Extension of time for bringing appeal

 A person who does not file an appeal within the time limits set out in subsection 52(1) of the Act may request an extension of time by filing their appeal with a statement that sets out the reasons why the General Division should allow further time for the bringing of the appeal.

Appeals Before Income Security Section

Marginal note:Documents to be filed by Minister

 The Minister must, within 20 days after the day on which the Minister receives a copy of an appeal, file the following with the Income Security Section:

Marginal note:Time to respond

  •  (1) Within 365 days after the day on which the appeal is filed, the parties may

    • (a) file additional documents or submissions with the Income Security Section; or

    • (b) file a notice with the Income Security Section stating that they have no documents or submissions to file.

  • Marginal note:Additional time

    (2) If a party files documents or submissions within 30 days before the end of the 365-day period, the other parties have an additional 30 days after the end of that period to file documents or submissions in response.

Marginal note:Decision or further hearing

 After every party has filed a notice that they have no documents or submissions to file — or at the end of the applicable period set out in section 27, whichever comes first — the Income Security Section must without delay

  • (a) make a decision on the basis of the documents and submissions filed; or

  • (b) if it determines that further hearing is required, send a notice of hearing to the parties.

Marginal note:Decision made without delay

 If a notice of hearing is sent to the parties, the Income Security Section must make its decision without delay after the conclusion of the hearing.

Appeals Before Employment Insurance Section

Marginal note:Documents to be filed by Commission

 The Commission must, within 7 business days after the day on which it receives a copy of an appeal, file the following with the Employment Insurance Section:

  • (a) a copy of the request for a reconsideration made under section 112 of the Employment Insurance Act;

  • (b) the documents in the Commission’s possession that are relevant to the decision being appealed;

  • (c) a copy of the decision being appealed; and

  • (d) the submissions, if any, of the Commission.

Marginal note:Notice of hearing or summary dismissal

  •  (1) The Employment Insurance Section must, at the time it sends copies of the documents filed by the Commission to the other parties, send all the parties

    • (a) a notice of hearing; or

    • (b) a notice of summary dismissal referred to in section 22.

  • Marginal note:Notice of summary dismissal

    (2) If the Employment Insurance Section sends a notice of summary dismissal but does not summarily dismiss the appeal, it must send a notice of hearing to the parties without delay.

  • Marginal note:Section 53 of the Act

    (3) For greater certainty, subsection (1) does not preclude the application of section 53 of the Act at any time during the proceedings.

Marginal note:Reference of questions

 The Employment Insurance Section may, at any time prior to its decision, refer any question arising in relation to a claim for benefits to the Commission for investigation and report.

Marginal note:Decision made without delay

 The Employment Insurance Section must make its decision without delay after the conclusion of the hearing.

Appeal of Summary Dismissal

Marginal note:Appeal of summary dismissal

 An appeal of a decision of the Income Security Section or the Employment Insurance Section to summarily dismiss an appeal is brought by filing the appeal with the Appeal Division at the address, facsimile number or email address — or in accordance with the electronic filing procedure — provided by the Tribunal on its website.

Marginal note:Appeal form and contents

  •  (1) An appeal must be in the form set out by the Tribunal on its website and contain

    • (a) a copy of the decision to summarily dismiss;

    • (b) if a person is authorized to represent the appellant, the person’s name, address, telephone number and, if any, facsimile number and email address;

    • (c) the grounds for the appeal;

    • (d) any statements of fact that were presented to the General Division and that the appellant relies on in the appeal;

    • (e) an identifying number of the type specified by the Tribunal on its website for the purpose of the appeal;

    • (f) the appellant’s full name, address, telephone number and, if any, facsimile number and email address; and

    • (g) a declaration that the information provided is true to the best of the appellant’s knowledge.

  • Marginal note:Identifying number

    (2) For the purposes of paragraph (1)(e), the Tribunal must specify on its website a type of identifying number which may include

    • (a) the appellant’s social insurance number or the business number assigned to the appellant by the Minister of National Revenue;

    • (b) the number assigned to a decision made under subsection 81(2) or (3) of the Canada Pension Plan, subsection 27.1(2) of the Old Age Security Act or section 112 of the Employment Insurance Act; or

    • (c) any other type of identifying number.

Marginal note:Time to respond

 Within 45 days after the day on which the appeal is filed, the parties may

  • (a) file submissions with the Appeal Division; or

  • (b) file a notice with the Appeal Division that states that they have no submissions to file.

Marginal note:Decision or further hearing

 After every party has filed a notice that they have no submissions to file — or at the end of the period set out in section 36, whichever comes first — the Appeal Division must without delay

  • (a) make a decision on the appeal; or

  • (b) if it determines that further hearing is required, send a notice of hearing to the parties.

Marginal note:Decision made without delay

 If a notice of hearing is sent to the parties, the Appeal Division must make its decision without delay after the conclusion of the hearing.

Appeals to Appeal Division

Marginal note:Leave to appeal

 An application for leave to appeal a decision of the General Division is brought by filing the application with the Appeal Division at the address, facsimile number or email address — or in accordance with the electronic filing procedure — provided by the Tribunal on its website.

Marginal note:Application for leave form and contents

  •  (1) An application for leave to appeal must be in the form set out by the Tribunal on its website and contain

    • (a) a copy of the decision in respect of which leave to appeal is being sought;

    • (b) if a person is authorized to represent the applicant, the person’s name, address, telephone number and, if any, facsimile number and email address;

    • (c) the grounds for the application;

    • (d) any statements of fact that were presented to the General Division and that the applicant relies on in the application;

    • (e) if the application is brought by a person other than the Minister or the Commission, the applicant’s full name, address, telephone number and, if any, facsimile number and email address;

    • (f) if the application is brought by the Minister or the Commission, the address, telephone number, facsimile number and email address of the Minister or the Commission, as the case may be;

    • (g) an identifying number of the type specified by the Tribunal on its website for the purpose of the application; and

    • (h) a declaration that the information provided is true to the best of the applicant’s knowledge.

  • Marginal note:Identifying number

    (2) For the purposes of paragraph (1)(g), the Tribunal must specify on its website a type of identifying number which may include

    • (a) in the case of an applicant other than the Minister or the Commission, the applicant’s social insurance number or the business number assigned to the applicant by the Minister of National Revenue;

    • (b) the number assigned to a decision made under subsection 81(2) or (3) of the Canada Pension Plan, subsection 27.1(2) of the Old Age Security Act or section 112 of the Employment Insurance Act; or

    • (c) any other type of identifying number.

Marginal note:Written questions and submissions

 Before granting or refusing an application for leave to appeal, the Appeal Division may

  • (a) request further information from the applicant by way of written questions and answers; and

  • (b) send a copy of the application for leave to the parties and request that they file submissions.

Marginal note:Time to respond

 Within 45 days after the day on which leave to appeal is granted, the parties may

  • (a) file submissions with the Appeal Division; or

  • (b) file a notice with the Appeal Division stating that they have no submissions to file.

Marginal note:Decision or further hearing

 After every party has filed a notice that they have no submissions to file — or at the end of the period set out in section 42, whichever comes first — the Appeal Division must without delay

  • (a) make a decision on the appeal; or

  • (b) if it determines that further hearing is required, send a notice of hearing to the parties.

Marginal note:Decision made without delay

 If a notice of hearing is sent to the parties, the Appeal Division must make its decision without delay after the conclusion of the hearing.

Rescinding or Amending Decisions

Marginal note:Application to rescind or amend

 An application to rescind or amend a decision of the General Division or the Appeal Division is brought by filing the application at the address, facsimile number or email address — or in accordance with the electronic filing procedure — provided by the Tribunal on its website.

Marginal note:Application form and contents

  •  (1) An application to rescind or amend a decision must be in the form set out by the Tribunal on its website and contain

    • (a) a copy of the decision that is the object of the application;

    • (b) if a person is authorized to represent the applicant, the person’s name, address, telephone number and, if any, facsimile number and email address;

    • (c) a statement of the new facts or new material fact, as the case may be, that would allow the General Division or the Appeal Division to rescind or amend a decision under section 66 of the Act;

    • (d) any documents relied on by the applicant as evidence of the new facts or new material fact;

    • (e) if the application is brought by a person other than the Minister or the Commission, the applicant’s full name, address, telephone number and, if any, facsimile number and email address;

    • (f) if the application is brought by the Minister or the Commission, the address, telephone number, facsimile number and email address of the Minister or the Commission, as the case may be;

    • (g) an identifying number of the type specified by the Tribunal on its website for the purpose of the application; and

    • (h) a declaration that the information provided is true to the best of the applicant’s knowledge.

  • Marginal note:Identifying number

    (2) For the purposes of subparagraph (1)(g), the Tribunal must specify on its website a type of identifying number which may include

    • (a) in the case of an applicant other than the Minister or the Commission, the applicant’s social insurance number or the business number assigned to the applicant by the Minister of National Revenue;

    • (b) the number assigned to a decision made under subsection 81(2) or (3) of the Canada Pension Plan, subsection 27.1(2) of the Old Age Security Act or section 112 of the Employment Insurance Act; or

    • (c) any other type of identifying number.

Marginal note:Time to respond

 A party may, within 30 days after the day on which the General Division or the Appeal Division sends a copy of the application,

  • (a) file documents or submissions with the General Division or the Appeal Division, as the case may be; or

  • (b) file a notice with the General Division or the Appeal Division, as the case may be, that they have no documents or submissions to file.

Marginal note:Decision or further hearing

 After every party has filed a notice that they have no documents or submissions to file — or at the end of the period set out in section 47, whichever comes first — the General Division or the Appeal Division, as the case may be, must without delay

  • (a) make a decision on the application; or

  • (b) if it determines that further hearing is required, send a notice of hearing to the parties.

 
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