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

Parties

Marginal note:How parties participate

• 13 (1) Parties are responsible for participating in the appeal process. This may include

  • (a) preparing documents;

  • (b) filing documents with the Tribunal;

  • (c) presenting evidence or arguments;

  • (d) attending a conference or a hearing;

  • (e) questioning witnesses; and

  • (f) responding to another party’s arguments.

• Marginal note:Following Rules and directions

  (2) Parties must follow these Rules and the Tribunal’s directions. This includes

  • (a) communicating with the Tribunal and responding to its requests; and

  • (b) meeting the deadlines the Tribunal sets out.

• Marginal note:Keeping contact information up to date

  (3) Parties must notify the Tribunal as soon as possible of any changes to their contact information.

Representatives

Marginal note:What a representative does

• 14 (1) If a party chooses to have a representative under section 63.1 of the Department of Employment and Social Development Act, the representative

  • (a) acts on behalf of the party by presenting their position;

  • (b) may represent the party for all or part of the appeal process; and

  • (c) does not need to be a lawyer.

• Marginal note:How a representative participates

  (2) A representative is responsible for participating in the appeal process in the same way that a party participates as described in section 13.

• Marginal note:Sharing information with a party

  (3) The Tribunal communicates directly with a representative. The representative must share information they receive from the Tribunal with the party they represent.

• Marginal note:Keeping a representative’s contact information up to date

  (4) A representative must notify the Tribunal as soon as possible of any changes to their contact information.

• Marginal note:If a representative stops representing a party

  (5) A representative must notify the Tribunal as soon as possible if they stop representing a party.

Support Persons

Marginal note:Definition of support person

• 15 (1) In this section and in Part 1, support person means a person who helps a party at an oral hearing by

  • (a) organizing their documents;

  • (b) taking notes for the party; or

  • (c) giving moral and emotional support.

• Marginal note:How a support person participates

  (2) A support person does not represent the party, but they may attend the oral hearing as an observer.

• Marginal note:Sharing information with a support person

  (3) The Tribunal does not communicate directly with a support person outside an oral hearing. A party is responsible for sharing information from the Tribunal with their support person if they want the support person to have the information.

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.