Social Security Tribunal Regulations, 2022

Marginal note:Filing of notice

• 1 (1) A party who wants to challenge the constitutional validity, applicability or operability of a provision of the Canada Pension Plan, the Old Age Security Act, the Employment Insurance Act, Part 5 of the Department of Employment and Social Development Act or the rules or regulations made under any of those Acts must file a notice with the Tribunal that sets out

  • (a) the provision that will be challenged;

  • (b) the material facts relied on to support the constitutional challenge; and

  • (c) a summary of the legal argument to be made in support of the constitutional challenge.

• Marginal note:Service of notice

  (2) At least 10 days before the date set for the hearing of the appeal or application, the party must serve notice of the challenge on the persons referred to in subsection 57(1) of the Federal Courts Act and file a copy of the notice and proof of service with the Tribunal.

• Marginal note:Failure to file proof of service

  (3) If proof of service has not been filed in accordance with subsection (2), the Tribunal may, on its own initiative or on the request of a party, postpone or adjourn the hearing.