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

Income Security Appeals at the General Division

Marginal note:Filing the reconsideration file

• 46 (1) The Minister must file the reconsideration file with the Tribunal within 20 days after the day the Minister 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 application that led to the reconsideration request;

  • (b) the reconsideration request;

  • (c) the reconsideration decision; and

  • (d) all other relevant documents, including, if applicable,

    • (i) the notification referred to in section 46 or 46.1 of the Canada Pension Plan Regulations,

    • (ii) a document that sets out the information referred to in section 54(2) of the Canada Pension Plan Regulations,

    • (iii) the notice referred to in section 60(7) of the Canada Pension Plan, and

    • (iv) the notice referred to in section 16 or 24 of the Old Age Security Act.

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:Asking for more information — permission to appeal

• 54 (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:Deadline for filing arguments

• 55 (1) If the Tribunal grants permission to appeal, the parties must file any arguments no more than 45 days after the day the Tribunal grants permission.

• Marginal note:Deadline for filing arguments — hearing in writing

  (2) When there is a hearing in writing, the Tribunal must give parties 15 days to file any arguments in response to another party’s position.

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 10Transitional Provisions

Marginal note:Definitions

60 The following definitions apply in this Part.

former Act

former Act means the Department of Employment and Social Development Act as it read immediately before the day these Rules come into force. (ancienne loi)

former Regulations

former Regulations means the Social Security Tribunal Regulations as they read immediately before the day these Rules come into force. (ancien règlement)

Marginal note:How these Rules apply to ongoing appeals

61 Subject to sections 62 to 64, these Rules apply to appeals that are ongoing on the day these Rules come into force.

Marginal note:Exception for ongoing Income Security appeals at the General Division

• 62 (1) Sections 46, 47 and 57 of these Rules do not apply to Income Security appeals at the General Division that are ongoing on the day these Rules come into force. For those appeals, sections 26 to 28 of the former Regulations continue to apply.

• Marginal note:Exception for ongoing Income Security appeals at the Appeal Division

  (2) Sections 40 to 42, 48, 49 and 57 of these Rules do not apply to Income Security appeals at the Appeal Division that are ongoing on the day these Rules come into force. For those appeals, sections 41 to 43 of the former Regulations continue to apply.

Marginal note:Exception for appeals of summary dismissal decisions to the Appeal Division

63 Sections 40 to 42, 48, 49, 54, 55 and 57 of these Rules do not apply to appeals of summary dismissal decisions made under section 53 of the former Act. For those appeals, sections 34 to 37 of the former Regulations continue to apply.

Marginal note:Exception for ongoing applications to rescind or amend a decision

• 64 (1) Sections 40 to 42, Parts 7 and 8 and section 57 of these Rules do not apply to applications made under section 66 of the former Act that are ongoing on the day these Rules come into force. For those applications, sections 47 and 48 of the former Regulations continue to apply.

• Marginal note:Exception for appeals of rescind or amend decisions to the Appeal Division

  (2) Sections 40 to 42, Parts 7 and 8 and section 57 of these Rules do not apply to appeals of decisions made under section 66 of the former Act. For those appeals, sections 41 to 43 of the former Regulations continue to apply.

PART 11Coming into Force

Marginal note:When these Rules start to apply

Footnote ^*65 These Rules come into force on the day Division 20 of Part 4 of the Budget Implementation Act, 2021, No. 1, chapter 23 of the Statutes of Canada, 2021, comes into force, but if they are registered after that day, they come into force on the day they are registered.

• Return to footnote ^*[Note: Rules in force December 5, 2022, see SI/2022-59.]