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

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.

Holding Conferences

Marginal note:What a conference may cover

• 37 (1) The Tribunal may hold a conference with the parties to talk about the appeal. A conference may include discussions about any matter, such as

  • (a) the step the appeal is at and the next steps in the appeal process;

  • (b) the issues in the appeal;

  • (c) the Tribunal’s authority to do or decide something;

  • (d) the deadlines for filing documents; and

  • (e) ways to settle the appeal without a hearing.

• Marginal note:How a conference takes place

  (2) A conference may take place

  • (a) by phone;

  • (b) by video or other type of telecommunication; or

  • (c) in person.

Marginal note:If a conference is a settlement conference

• 38 (1) If a conference is a settlement conference, documents related to the conference and discussions at the conference must not be disclosed. The documents are not part of the appeal record.

• Marginal note:Exception

  (2) If all parties agree, the documents and discussions may be disclosed and the documents may be included in the appeal record.

• Marginal note:If there is a hearing after a settlement conference

  (3) The Tribunal member who holds a settlement conference must not hear the appeal unless all parties agree.

Deciding Based on an Agreement

Marginal note:If the parties reach an agreement

• 39 (1) Parties may ask the Tribunal to make a decision based on an agreement they have reached and signed. To do this, parties must file a request and the agreement with the Tribunal.

• Marginal note:Exception

  (2) Parties do not need to file a request or the agreement if they reach the agreement at a settlement conference.

Having a Witness Participate

Marginal note:Having a witness at an oral hearing

40 A party may have a witness testify at an oral hearing in the following types of appeals:

• (a) an Employment Insurance appeal at the General Division;

• (b) an Income Security appeal at the General Division; and

• (c) an Income Security appeal at the Appeal Division.

Marginal note:How to notify the Tribunal about a witness in an Income Security appeal

• 41 (1) If a party wants to have a witness testify in an Income Security appeal, the party must file a notice with the Tribunal by the filing deadline. The notice must include the following information:

  • (a) the witness’s full name;

  • (b) the relationship between the party and the witness; and

  • (c) the language the witness will use to testify.

• Marginal note:Other information to include about certain witnesses

  (2) If a witness is testifying as a professional, the notice must also include the following:

  • (a) the witness’s résumé; and

  • (b) a list of the documents filed with the Tribunal that the witness will testify about or a summary of what the witness will testify about.

• Marginal note:Exception

  (3) Section 41(2) does not apply to a witness who is a health care professional who treated the party seeking benefits.

• Marginal note:Admitting evidence from a professional

  (4) The Tribunal does not qualify any witness as an expert before admitting the witness’s evidence.

• Marginal note:Exception

  (5) If a party wants to testify, they do not need to file a notice.

Handling Late Evidence

Marginal note:If a party files evidence after a deadline

• 42 (1) The Tribunal must not consider any evidence that a party files after a filing deadline set by the Tribunal or these Rules unless it gives the party permission to use that evidence.

• Marginal note:What factors the Tribunal considers

  (2) When deciding whether to give a party permission, the Tribunal must consider any relevant factor. For example, the Tribunal considers whether

  • (a) the evidence is relevant;

  • (b) the evidence is new;

  • (c) the party could have filed the evidence earlier;

  • (d) giving permission would be unfair to a party; and

  • (e) giving permission would cause delays.

• Marginal note:Deciding without arguments from other parties

  (3) The Tribunal decides whether to give permission without asking the other parties for arguments unless fairness requires the Tribunal to ask.

Rescheduling a Hearing

Marginal note:Asking to reschedule a hearing

• 43 (1) A party may ask the Tribunal to reschedule a hearing. The Tribunal must reschedule the hearing when the party meets the following conditions:

  • (a) they are asking for the first time;

  • (b) they ask at least five business days before the hearing; and

  • (c) they are available for a hearing within two weeks of the original hearing date.

• Marginal note:Explaining why the hearing needs to be rescheduled

  (2) If a party wants to reschedule a hearing but does not meet the conditions set out in section 43(1), the party must file a request with the Tribunal. The request must explain why they want the hearing rescheduled.

• Marginal note:Rescheduling for fairness reasons

  (3) The Tribunal may reschedule the hearing only if it is necessary for a fair hearing. The Tribunal decides whether to reschedule without asking the other parties for arguments unless fairness requires the Tribunal to ask.

Withdrawing an Appeal

Marginal note:How to withdraw an appeal

44 An appellant may withdraw their appeal. They may do this by notifying the Tribunal anytime

• (a) before the hearing ends, when there is an oral hearing; or

• (b) before the Tribunal gives its decision, when there is a hearing in writing.

PART 7Income Security Appeal Process

Marginal note:What Part 7 is about

45 This Part sets out specific rules for Income Security appeals at the General Division and Appeal Division.