Social Security Tribunal Regulations, 2022

Summary#

The final rule called Social Security Tribunal Regulations, 2022 replaces the older tribunal regulations and sets out three main protections for people appealing benefit decisions: how to raise constitutional questions, the formats in which hearings can be held, and when hearings can be closed to the public. The regulations were registered as SOR/2022-255 (registered December 2, 2022, published December 21, 2022) and come into force when Division 20 of Part 4 of the Budget Implementation Act, 2021, No. 1 comes into force (or on the registration day if later).

What it does#

• Constitutional challenges
  • Requires a party who wants to challenge the constitutionality of a provision of the Canada Pension Plan, the Old Age Security Act, the Employment Insurance Act, Part 5 of the Department of Employment and Social Development Act or related rules to file a notice with the Tribunal that names the provision, sets out the material facts relied on, and gives a summary of the legal argument.
  • The party must serve notice on certain interested persons and file proof of service at least 10 days before the hearing.
• Choice of hearing format
  • Gives an appellant the choice of having a hearing: (a) in writing; (b) by teleconference, videoconference or other telecommunication; or (c) in person.
  • Allows the Tribunal to let other parties participate in a different format if their needs warrant it.
  • Allows the Tribunal to depart from the appellant’s requested format only in specific situations, for example if the chosen format would not allow a full and fair hearing, raises security or health concerns, or is impractical due to extraordinary events (fire, flood, epidemic, etc.).
• Confidentiality and private hearings
  • Lets the Tribunal hold all or part of a hearing in private, or restrict public access to parts of the appeal record, when reasonable alternatives cannot protect against serious risks such as:
    • harmful disclosure of personal or medical information;
    • risk to a person’s life, liberty or safety;
    • a serious risk to the fairness of the proceeding; or
    • a serious risk to public security.
• Repeal and rules
  • Repeals the older Social Security Tribunal Regulations and leaves operational and procedural detail to the Tribunal’s new Rules of Procedure.
  • The Regulations are meant to protect key rights while letting the Tribunal handle day‑to‑day procedures more flexibly.

Who's affected#

• People who appeal decisions about Employment Insurance, Canada Pension Plan (including CPP disability) and Old Age Security — i.e., anyone using the Social Security Tribunal appeal system.
• Representatives and advocates who help appellants (including non‑legal representatives).
• Employment and Social Development Canada and the Tribunal itself, which will run more hearings in some cases.
• People who are older, have disabilities, or live in rural or remote areas — groups the government says are particularly likely to use the Tribunal and to be affected by choices about hearing format and privacy.
• It is unclear whether any other groups are specially affected beyond these appellants and tribunal participants.

Why it matters#

• For people appealing benefit denials, the rules make clear how to raise constitutional issues, protect the appellant’s preferred hearing format in most cases, and allow private hearings when sensitive information or safety is at stake. That can make the process easier to understand and less intimidating.
• The change shifts many procedural details from federal regulations into the Tribunal’s Rules of Procedure, which the Tribunal can update more quickly. That is intended to make the system more client‑focused and quicker to adjust.
• The government estimates a net cost to Employment and Social Development Canada and the Tribunal of about $5.1 million (present value) over 10 years, mainly because more hearings — and more in‑person hearings — are expected (incremental administrative and travel costs like $244,418 and $488,000 are identified in the analysis).
• These regulations work alongside legislative amendments (the Budget Implementation Act changes) that, among other reforms, return second‑level Income Security appeals to a “de novo” hearing model allowing new evidence at the Appeal Division. The regulations do not by themselves create that hearing model; they set protections that fit with the broader legislative changes.