Income-security appeal reforms come into force

Summary#

This is an order that sets December 5, 2022 as the day when Division 20 of Part 4 of the Budget Implementation Act, 2021, No. 1 comes into force. In practical terms, it turns on a set of changes to how appeals of certain federal income-security decisions are handled.

What it does#

• Brings into force the parts of the Budget Implementation Act, 2021, No. 1 that change the Department of Employment and Social Development Act (DESDA) and the Federal Courts Act (FCA) — including the provisions listed as subsections 220 to 243.
• Reinstates a fresh, second‑level hearing model (a “de novo” hearing) for many income‑security appeals so appellants get a new, final decision at the tribunal’s second level.
• Broadens the grounds for asking for leave to appeal a first‑level decision, including allowing new evidence to be considered.
• Removes a summary‑dismissal rule that previously let some appeals be dismissed early.
• Gives the Social Security Tribunal (SST) Chairperson new authority, with ministerial approval, to make rules of procedure. New SST Regulations, 2022 and SST rules of procedure were developed to match these changes and come into force with this order.

Who's affected#

• People who appeal decisions about Employment Insurance, Canada Pension Plan (including CPP disability), Old Age Security, and the Guaranteed Income Supplement — the main users of the Social Security Tribunal (SST).
• The Department of Employment and Social Development (ESDC) and the SST, which will apply the new hearing model and rules.
• Lawyers, advocates and non‑legal representatives who act for appellants; the rules change who can represent a client and how hearings are run.
• The Federal Court, because the act’s changes adjust which tribunal decisions can be reviewed by the court.

Why it matters#

• The changes aim to make appeals simpler, fairer and less legalistic. A de novo hearing gives appellants a full second look rather than a limited review.
• Broader grounds to seek leave and the removal of summary dismissal mean more people will get the chance to have their case heard.
• New SST procedure rules and the Chairperson’s authority should let the tribunal update processes faster and offer more flexible hearing formats (including rules about private hearings and representation by non‑lawyers).
• The order makes these changes effective retroactively to December 5, 2022, so any appeals handled after that date may be governed by the new rules.