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

Witnesses

Marginal note:What a witness does

• 16 (1) A witness testifies at an oral hearing to give relevant evidence.

• Marginal note:How a witness participates

  (2) A witness may be questioned by a party, a representative or the Tribunal. A witness must answer all questions truthfully.

Tribunal

Marginal note:What the Tribunal does

• 17 (1) The Tribunal hears appeals in a way that allows parties to participate fully in the appeal process. The Tribunal considers all of the parties’ evidence and arguments and gives a decision.

• Marginal note:How the Tribunal actively adjudicates

  (2) The Tribunal actively adjudicates appeals. Active adjudication may include

  • (a) deciding what issues need to be addressed;

  • (b) deciding what procedures are appropriate in the circumstances;

  • (c) helping parties, representatives and witnesses understand the appeal process and these Rules;

  • (d) providing information about the laws that apply to the appeal;

  • (e) providing information about the evidence;

  • (f) deciding the order for parties to present evidence or arguments at an oral hearing; and

  • (g) asking parties, representatives and witnesses questions.

PART 4Documents

Marginal note:What Part 4 is about

18 This Part sets out

• (a) how to file documents with the Tribunal and what the Tribunal does with them;

• (b) what the Tribunal can do with electronic documents; and

• (c) when the Tribunal considers that a party has received a document.

Documents Filed with the Tribunal

Marginal note:How to file documents

• 19 (1) A party that needs to file a document with the Tribunal must file the document in one of the following ways:

  • (a) by email, using the address set out on the Tribunal’s website;

  • (b) by mail, using the address set out on the Tribunal’s website; or

  • (c) electronically, using the electronic filing procedure set out on the Tribunal’s website.

• Marginal note:When a document is filed

  (2) A document is considered filed on the date the Tribunal receives it. On each document, the Tribunal indicates the date it received the document.

• Marginal note:Extending a deadline that falls on a weekend or holiday

  (3) If a filing deadline set by the Tribunal or these Rules falls on a day that is not a business day, the deadline is extended to the next business day.

Marginal note:Adding documents to the appeal record

• 20 (1) When a party files a document to support their position in an appeal, the Tribunal must add it to the appeal record.

• Marginal note:Sending copies to parties

  (2) When a party files a document to support their position in an appeal, the Tribunal must send a copy of it to the other parties as soon as possible.

• Marginal note:Accessing documents in the appeal record

  (3) The public may access the documents in the appeal record unless the Tribunal limits public access to them under section 3 of the Social Security Tribunal Regulations, 2022.

Electronic Documents

Marginal note:An electronic copy is an original

• 21 (1) An electronic copy of a document is considered the original version of the document.

• Marginal note:Making electronic copies

  (2) The Tribunal may make an electronic copy of any document filed.

• Marginal note:Providing an electronic copy

  (3) The Tribunal may provide an electronic copy of any document filed.

• Marginal note:Certifying an electronic copy as a true copy

  (4) The Tribunal may certify an electronic copy as a true copy.

Receiving Documents from the Tribunal

Marginal note:When a party receives a document by regular mail

• 22 (1) When the Tribunal sends a document to a party by regular mail, the document is considered received 10 days after the day it was sent.

• Marginal note:When a party receives a document by registered mail or courier

  (2) When the Tribunal sends a document to a party by registered mail or courier, the document is considered received on the date of the delivery confirmation receipt.

• Marginal note:When a party receives a document electronically

  (3) When the Tribunal sends a document to a party by email or another electronic method, the document is considered received on the next business day.

• Marginal note:Exception

  (4) The Tribunal applies sections 22(1) to (3) unless a party shows why the Tribunal should not apply them.

PART 5Appealing a Decision

Marginal note:What Part 5 is about

23 This Part sets out

• (a) how to appeal and what information to provide;

• (b) how the Tribunal handles late appeals;

• (c) what language the appeal can be in; and

• (d) how the Tribunal adds parties.

Notice of Appeal

Marginal note:How to appeal a reconsideration decision to the General Division

• 24 (1) To appeal a reconsideration decision, an appellant must file a notice of appeal with the Tribunal’s General Division. The notice must include

  • (a) the appellant’s full name;

  • (b) the appellant’s contact information;

  • (c) the appellant’s reasons for appealing;

  • (d) the identifying number referred to in section 24(2); and

  • (e) a copy of the reconsideration decision or the date of the reconsideration decision.

• Marginal note:Identifying number

  (2) The identifying number is the number that the Tribunal asks for on its website. The number may be

  • (a) a social insurance number;

  • (b) a Canada Revenue Agency business number; or

  • (c) any other identifying number that the Tribunal asks for.

• Marginal note:When to file the notice of appeal

  (3) The appellant must file the notice of appeal by the deadline set out in section 52 of the Department of Employment and Social Development Act.

• Marginal note:Confirming the notice of appeal was received

  (4) The Tribunal notifies the appellant when it receives their notice of appeal.

Marginal note:Notifying an employer about an Employment Insurance appeal

25 The Tribunal notifies an appellant’s employer or former employer about an Employment Insurance appeal at the General Division if the appeal is about one of the following situations:

• (a) failing to take advantage of an opportunity for, apply for or accept suitable employment under section 27 of the Employment Insurance Act, if the reasons are work-related;

• (b) losing or being suspended from an employment because of misconduct under section 30, 31 or 33 of the Employment Insurance Act;

• (c) voluntarily leaving an employment under section 30 or 32 of the Employment Insurance Act, if the reasons are work-related; or

• (d) a labour dispute under section 36 of the Employment Insurance Act.

Marginal note:How to appeal a General Division decision to the Appeal Division

• 26 (1) To appeal a General Division decision, an appellant must file an application for permission to appeal with the Tribunal’s Appeal Division. The application must include

  • (a) the appellant’s full name;

  • (b) the appellant’s contact information;

  • (c) the appellant’s reasons for appealing; and

  • (d) a copy of the General Division decision, the date of the General Division decision or the General Division file number.

• Marginal note:When to file the application

  (2) The appellant must file the application for permission to appeal by the deadline set out in section 57 of the Department of Employment and Social Development Act.

• Marginal note:Getting permission to appeal

  (3) To be granted permission to appeal, the appellant must show

  • (a) for an Income Security appeal, that at least one of the criteria set out in section 58.1 of the Department of Employment and Social Development Act is met; and

  • (b) for an Employment Insurance appeal, that there is a reasonable chance of success on at least one of the grounds of appeal set out in section 58 of the Department of Employment and Social Development Act.

• Marginal note:Confirming the application was received

  (4) The Tribunal notifies the appellant when it receives their application for permission to appeal.

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 a document filed by the Minister or Commission

• 30 (1) If the Minister or the Commission files a document that is not in a party’s chosen language for the appeal, the party may ask the Tribunal for a translation of the document in that language.

• Marginal note:Filing the translation

  (2) If a party asks the Tribunal for a translation, the Minister or the Commission must get the document translated unless the document came from the party. 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.