Social Security Tribunal Regulations, 2022

Summary#

The government published a proposal called the Social Security Tribunal Regulations, 2022 on May 28, 2022. It would repeal the current tribunal regulations and replace them with a short set of rules that focus on three things: constitutional challenges, choice of hearing format, and when hearings or records can be kept private. The department estimates a net government cost of about $5.1 million in present value over 10 years.

What it does#

• Repeals the existing Social Security Tribunal Regulations (the rules that currently govern appeals to the tribunal).
• Creates the Social Security Tribunal Regulations, 2022 that only set out protections for:
  • how to file constitutional challenges (what information must be included);
  • an appellant’s right to choose the format of their hearing (in writing, by phone/video, or in person) and the limited exceptions to that choice;
  • when the tribunal can hold part or all of a hearing in private or restrict public access to the record.
• Lets the tribunal’s Chair make detailed procedural rules (the tribunal’s new Rules of Procedure will set out day-to-day processes and will be published by the tribunal for consultation).
• Builds on earlier legislative changes in the Department of Employment and Social Development Act introduced by the Budget Implementation Act, 2021, No. 1 (for example, returning to “de novo” second‑level appeals for CPP/OAS income-security cases). Those legislative changes are not all in force yet; these regulations are meant to fit with them.
• The proposed regulations and the tribunal’s Rules of Procedure are being put out for comment (a short consultation period is planned).

Who's affected#

• People appealing decisions about federal benefits through the tribunal:
  • claimants for Employment Insurance (EI),
  • claimants for Canada Pension Plan (CPP) benefits (including disability),
  • claimants for Old Age Security (OAS).
• Representatives and advocates who help people with appeals. The proposal explicitly allows non‑legal representatives.
• The Social Security Tribunal (SST) and Employment and Social Development Canada (ESD), which will need to adjust operations.
• Groups noted in the analysis as likely to notice changes: seniors, people with disabilities, and people in rural or remote areas (because of hearing-format choices).
• The department says Canadian small businesses would not be affected.

Why it matters#

• It aims to make the appeals process clearer and more focused on people, not legal technicalities. That could make it easier for vulnerable people to get a fair hearing.
• The regulation would protect an appellant’s choice of hearing format, which matters for people who prefer in-person hearings for health, accessibility, or credibility reasons. The tribunal can still override that choice in limited cases (for fairness, security, or extraordinary situations).
• The new confidentiality rules explain when a hearing or part of the record can be kept out of the public eye. That may make appellants more comfortable bringing sensitive medical or personal evidence.
• The government expects some extra costs from more hearings and more in-person hearings: an estimated additional cost to the tribunal of $488,000 per year for in-person hearing travel and $244,418 per year for administrative changes (presented in the regulatory analysis). The total present-value cost over 10 years is about $5.1 million.
• These are proposed regulations. They were published for comment and are not law yet. The tribunal’s own Rules of Procedure will contain more detailed operational rules and will be released for consultation alongside these regulations.