Social Security Tribunal Rules of Procedure

Summary#

The Canada Gazette published the Social Security Tribunal Rules of Procedure (SOR/2022-256) on December 21, 2022. The new rules replace the older Social Security Tribunal Regulations and set plain-language procedures for appeals about Employment Insurance, the Canada Pension Plan and Old Age Security.

What it does#

• Explains, in plainer language, how appeals are started and run before the Social Security Tribunal.
• Requires the federal departments that defend decisions to file the case file quickly: the Minister of Employment and Social Development must file the reconsideration file within 20 days for income security appeals, and the Canada Employment Insurance Commission must file within seven business days for EI appeals.
• Sets time rules for parties and the Tribunal, including a general limit that filing deadlines should not be set more than two years after the notice of appeal (except in exceptional cases).
• Says late evidence can only be considered with permission and lists factors the Tribunal will weigh (relevance, newness, fairness and delay).
• Lets the Tribunal use “active adjudication” to help parties participate (for example, asking questions, arranging order of evidence, and explaining law or procedure).
• Lays out rules on language and translation: parties choose English or French, can ask for translations, and may request an interpreter.
• Allows conferences and confidential settlement talks. Documents from settlement conferences are not part of the public record unless all parties agree.
• Explains how hearings can be rescheduled automatically if the first reschedule request is made at least five business days before the hearing and the party is available within two weeks of the original date.
• Describes how documents are treated: a paper sent by regular mail is presumed received after 10 days; electronic filings are treated as originals.
• Clarifies roles — parties, representatives (who do not need to be lawyers), support persons and witnesses — and makes the process more accessible (including a route to request accommodations).
• Contains transitional rules saying the new Rules apply to ongoing appeals, but lists specific exceptions where older rules continue to apply.

Who's affected#

• People who appeal decisions about Employment Insurance, the Canada Pension Plan or Old Age Security — especially the many who represent themselves.
• The Minister of Employment and Social Development and the Canada Employment Insurance Commission, who must file materials under the new timelines.
• Employers who may be notified in certain EI appeals (for example, misconduct or quitting issues).
• Representatives, support people, witnesses and interpreters who take part in Tribunal proceedings.
• The Social Security Tribunal and its administrative staff, who must follow the new procedures.
• It is clear the Rules apply to ongoing appeals, but they list exceptions for some income-security and other specific matters.

Why it matters#

• The Rules aim to make appeals easier to understand and use, especially for people without lawyers. That could help more people participate fully and move cases more quickly.
• Shorter and clearer timelines for government filings may speed up the exchange of evidence and hearings.
• The Rules lower some legal formalities (for example, the Tribunal will not require formal expert qualification before admitting a professional’s evidence). That can reduce complexity for claimants and witnesses.
• The emphasis on plain language, accommodations and interpreters is meant to improve access to justice for vulnerable groups.
• The Government says no new costs are expected because these Rules replace the previous regulations.