Social Security Tribunal Rules of Procedure

Contents

Whereas, under subsection 45.1(2) of the Department of Employment and Social Development Act, the Minister of Employment and Social Development has approved the making of the annexed Social Security Tribunal Rules of Procedure;^note^noteTherefore, the Chairperson of the Social Security Tribunal makes the annexed Social Security Tribunal Rules of Procedure under subsection 45.1(2) of the Department of Employment and Social Development Act.Ottawa, November 3, 2022Le président du Tribunal de la sécurité sociale,Paul AtermanChairperson of the Social Security Tribunal

Introduction

1Purpose of these Rules#

These Rules set out the procedure for appeals before the Tribunal. The Rules aim to help parties understand the appeal process and their roles and responsibilities. The Rules and the appeal process are meant to promote access to justice.^note

2About the Tribunal#

(1)The Tribunal is an independent administrative tribunal. It consists of the members of the General Division and Appeal Division. The members are appointed under Part 5 of the Department of Employment and Social Development Act. The Tribunal is supported by the Tribunal Secretariat. The Secretariat consists of employees of the Administrative Tribunals Support Service of Canada. The Secretariat carries out some administrative tasks related to these Rules for the Tribunal.

(2)The Tribunal’s General Division decides appeals from reconsideration decisions made under each of the following:

(a)the Canada Pension Plan;

(a.1)the Canada Disability Benefit Regulations;

(b)the Old Age Security Act;

(c)the Employment Insurance Act.

(3)The Tribunal’s Appeal Division decides appeals from General Division decisions and Board of Appeal decisions.

^note

3Overview of these Rules#

These Rules are set out in the order that they normally apply, but the order may be different in some appeals. Not every rule applies in every appeal. The Rules are divided into the following Parts:

(a)Part 1 sets out how to interpret the Rules;

(b)Part 2 sets out general rules about what the Tribunal can do and how it conducts the appeal process;

(c)Part 3 sets out the roles and responsibilities of participants and the Tribunal;

(d)Part 4 sets out how to file documents with the Tribunal and how the Tribunal handles documents;

(e)Part 5 sets out how to appeal, how the Tribunal handles late appeals, what language the appeal can be in and how the Tribunal adds parties;

(f)Part 6 sets out various procedures that may apply in the appeal process;

(g)Part 7 sets out specific rules for Income Security appeals at the General Division and Appeal Division;

(h)Part 8 sets out specific rules for Employment Insurance appeals at the General Division and Appeal Division; and

(i)Part 9 sets out specific rules for hearings and decisions.

(j)[Repealed, SOR/2025-91, s. 3] (repealed)

(k)[Repealed, SOR/2025-91, s. 3] (repealed)

^note

Part 1 · Interpretation

4What Part 1 is about#

This Part sets out definitions for terms and expressions used in these Rules. This Part also sets out how the Tribunal interprets and applies the Rules.

5Definitions#

The following definitions apply in these Rules. To understand the Rules, it is important to first read the definitions and then refer back to them as needed.

appeal means an appeal to the Tribunal under Part 5 of the Department of Employment and Social Development Act. It includes an application for permission to appeal a General Division decision to the Appeal Division in an Income Security appeal. (appel)

appellant means

(a)the person who appeals a reconsideration decision to the General Division; or

(b)the person who appeals a General Division or Board of Appeal decision to the Appeal Division.

At the Appeal Division, the appellant may be the Minister or the Commission. (appelant)

argument means a submission that sets out a party’s point of view about what the Tribunal should do in an appeal. A party may file arguments with the Tribunal or make arguments at an oral hearing. (argument)

Board of Appeal means the Employment Insurance Board of Appeal. (Conseil d’appel)

business day means a day that is not a Saturday, Sunday or holiday. (jour ouvrable)

Commission means the Canada Employment Insurance Commission. (Commission)

contact information means

(a)an address;

(b)a phone number, if there is one; and

(c)an email address, if there is one. (coordonnées)

Employment Insurance appeal means an appeal from a reconsideration decision that the Commission made under the Employment Insurance Act. It includes an appeal from a General Division Employment Insurance decision or Board of Appeal decision to the Appeal Division. (appel en assurance-emploi)

evidence means something that a party presents to the Tribunal to prove a fact. It includes documents, photographs, video recordings and sound recordings that a party may file with the Tribunal. It also includes testimony given at an oral hearing. (élément de preuve)

Income Security appeal means an appeal from a reconsideration decision that the Minister made under the Canada Pension Plan, the Canada Disability Benefit Regulations or the Old Age Security Act. It includes an appeal from a General Division Income Security decision to the Appeal Division. (appel en sécurité du revenu)

Minister means the Minister of Employment and Social Development. (ministre)

participant means

(a)the parties; and

(b)representatives, support persons, witnesses and interpreters who take part in an appeal. (participant)

party means

(a)the appellant and the Minister, for Income Security appeals at the General Division;

(b)the appellant and the Commission, for Employment Insurance appeals at the General Division;

(c)the appellant and any other party at the General Division or the Board of Appeal, for appeals at the Appeal Division; and

(d)any person added as a party under section 33. (partie)

permission to appeal means leave to appeal a General Division decision to the Appeal Division under section 58.1 of the Department of Employment and Social Development Act. (permission de faire appel)

reconsideration decision means

(a)a decision that the Minister made under section 81 of the Canada Pension Plan, including a decision about more time to make a reconsideration request and a decision to rescind or amend a decision based on new facts;

(a.1)a decision that the Minister made under section 18 or 19 of the Canada Disability Benefit Regulations, including a decision about more time to make a reconsideration request;

(b)a decision that the Minister made under section 27.1 of the Old Age Security Act, including a decision about more time to make a reconsideration request; or

(c)a decision that the Commission made under section 112 of the Employment Insurance Act, including a decision about more time to make a reconsideration request. (décision de révision)

reconsideration request means a request for the Minister or the Commission to reconsider a decision under

(a)section 81(1) or (1.1) of the Canada Pension Plan;

(a.1)section 18(1) or (2) of the Canada Disability Benefit Regulations;

(b)section 27.1(1) or (1.1) of the Old Age Security Act; or

(c)section 112 of the Employment Insurance Act. (demande de révision)

^note

6How the Tribunal interprets and applies these Rules#

The Tribunal must interpret and apply these Rules so that

(a)the appeal process is simple, quick and fair;

(b)the Tribunal considers the parties’ particular circumstances;

(c)every party can participate in the appeal process, even if they do not have a representative; and

(d)the appeal process is flexible and appropriate for what the Tribunal must decide in each appeal.

Part 2 · General Rules

7What Part 2 is about#

This Part sets out

(a)how the Tribunal conducts the appeal process;

(b)what happens if the Tribunal cannot reach a party; and

(c)how to ask for an accommodation.

Conducting the Appeal Process

8Making the appeal process simple, quick and fair#

(1)The Tribunal must make sure that the appeal process is as simple and quick as fairness allows.

(2)The Tribunal uses active adjudication as described in section 17(2) to help parties participate fully in the appeal process.

(3)A party may ask the Tribunal to do or decide something as part of the appeal process. To do this, the party must file a request with the Tribunal. The request must set out what the party wants and why.

(4)The Tribunal may adapt these Rules or decide that a party does not need to follow one or more rules if it is in the interest of justice.

(5)The Tribunal may decide the procedure for anything not in these Rules or the Social Security Tribunal Regulations, 2022.

^note

Continuing the Appeal Process Without a Party

9Contact information on file#

(1)The Tribunal uses the contact information it has on file when it contacts a party or sends a document to a party.

(2)The Tribunal may continue the appeal process even if it cannot reach a party using the contact information the party gave it. The Tribunal may do this without giving further notice to the party.

Asking for an Accommodation

10Definition of accommodation#

(1)In this section, accommodation means an arrangement to remove a barrier so a person can participate fully in the appeal process. An accommodation must relate to one of the grounds set out in section 3 of the Canadian Human Rights Act.

(2)A participant must notify the Tribunal as soon as possible if they need an accommodation.

Part 3 · Roles and Responsibilities

11What Part 3 is about#

This Part sets out the roles and responsibilities of participants and the Tribunal.

All Participants

12Participants’ responsibilities#

Participants must

(a)be respectful and help maintain a safe environment;

(b)be honest; and

(c)not act in any way that goes against these Rules, the Social Security Tribunal Regulations, 2022 or the appeal process.

Parties

13How parties participate#

(1)Parties are responsible for participating in the appeal process. This may include

(a)preparing documents;

(b)filing documents with the Tribunal;

(c)presenting evidence or arguments;

(d)attending a conference or a hearing;

(e)questioning witnesses; and

(f)responding to another party’s arguments.

(2)Parties must follow these Rules and the Tribunal’s directions. This includes

(a)communicating with the Tribunal and responding to its requests; and

(b)meeting the deadlines the Tribunal sets out.

(3)Parties must notify the Tribunal as soon as possible of any changes to their contact information.

Representatives

14What a representative does#

(1)If a party chooses to have a representative under section 63.1 of the Department of Employment and Social Development Act, the representative

(a)acts on behalf of the party by presenting their position;

(b)may represent the party for all or part of the appeal process; and

(c)does not need to be a lawyer.

(2)A representative is responsible for participating in the appeal process in the same way that a party participates as described in section 13.

(3)The Tribunal communicates directly with a representative. The representative must share information they receive from the Tribunal with the party they represent.

(4)A representative must notify the Tribunal as soon as possible of any changes to their contact information.

(5)A representative must notify the Tribunal as soon as possible if they stop representing a party.

Support Persons

15Definition of support person#

(1)In this section and in Part 1, support person means a person who helps a party at an oral hearing by

(a)organizing their documents;

(b)taking notes for the party; or

(c)giving moral and emotional support.

(2)A support person does not represent the party, but they may attend the oral hearing as an observer.

(3)The Tribunal does not communicate directly with a support person outside an oral hearing. A party is responsible for sharing information from the Tribunal with their support person if they want the support person to have the information.

Witnesses

16What a witness does#

(1)A witness testifies at an oral hearing to give relevant evidence.

(2)A witness may be questioned by a party, a representative or the Tribunal. A witness must answer all questions truthfully.

Tribunal

17What the Tribunal does#

(1)The Tribunal hears appeals in a way that allows parties to participate fully in the appeal process. The Tribunal considers all of the parties’ evidence and arguments and gives a decision.

(2)The Tribunal actively adjudicates appeals. Active adjudication may include

(a)deciding what issues need to be addressed;

(b)deciding what procedures are appropriate in the circumstances;

(c)helping parties, representatives and witnesses understand the appeal process and these Rules;

(d)providing information about the laws that apply to the appeal;

(e)providing information about evidence;

(f)deciding the order for parties to present evidence or arguments at an oral hearing; and

(g)asking parties, representatives and witnesses questions at an oral hearing.

^note

Part 4 · Documents

18What Part 4 is about#

This Part sets out

(a)how to file documents with the Tribunal and what the Tribunal does with them;

(b)what the Tribunal can do with electronic documents; and

(c)when the Tribunal considers that a party has received a document.

Documents Filed with the Tribunal

19How to file documents#

(1)A party that needs to file a document with the Tribunal must file the document in one of the following ways:

(a)by email, using the address set out on the Tribunal’s website;

(b)by mail, using the address set out on the Tribunal’s website; or

(c)electronically, using the electronic filing procedure set out on the Tribunal’s website.

(1.1)The Tribunal may require a party to file a document in a specific form and manner.

(2)A document is considered filed on the date the Tribunal receives it. On each document, the Tribunal indicates the date it received the document.

(3)If a filing deadline set by the Tribunal or these Rules falls on a day that is not a business day, the deadline is extended to the next business day.

^note

20Adding documents to the appeal record#

(1)When a party files a document to support their position in an appeal, the Tribunal must add it to the appeal record.

(2)When a party files a document to support their position in an appeal, the Tribunal must send a copy of it to the other parties as soon as possible.

(3)The public may access the documents in the appeal record unless the Tribunal limits public access to them under section 3 of the Social Security Tribunal Regulations, 2022.

Electronic Documents

21An electronic copy is an original#

(1)An electronic copy of a document is considered the original version of the document.

(2)The Tribunal may make an electronic copy of any document filed.

(3)The Tribunal may provide an electronic copy of any document filed.

(4)The Tribunal may certify an electronic copy as a true copy.

Receiving Documents from the Tribunal

22When a party receives a document by regular mail#

(1)When the Tribunal sends a document to a party by regular mail, the document is considered received 10 days after the day it was sent.

(2)When the Tribunal sends a document to a party by registered mail or courier, the document is considered received on the date of the delivery confirmation receipt.

(3)When the Tribunal sends a document to a party by email or another electronic method, the document is considered received on the next business day.

(4)The Tribunal applies sections 22(1) to (3) unless a party shows why the Tribunal should not apply them.

Part 5 · Appealing a Decision

23What Part 5 is about#

This Part sets out

(a)how to appeal and what information to provide;

(b)how the Tribunal handles late appeals;

(c)what language the appeal can be in; and

(d)how the Tribunal adds parties.

Appealing a Decision in an Income Security Appeal

24How to appeal a reconsideration decision to the General Division#

(1)To appeal a reconsideration decision in an Income Security appeal, an appellant must file a notice of appeal with the Tribunal’s General Division. The notice must include

(a)the appellant’s full name;

(b)the appellant’s contact information;

(c)the appellant’s reasons for appealing; and

(d)a copy of the reconsideration decision or the date of the reconsideration decision.

(e)[Repealed, SOR/2025-91, s. 8] (repealed)

(2)The Tribunal may ask an appellant to include a social insurance number, a Canada Revenue Agency business number or any other identifying number with their notice of appeal. The appellant must provide the number that the Tribunal asks for.

(3)The appellant must file the notice of appeal by the deadline set out in section 52 of the Department of Employment and Social Development Act.

(4)The Tribunal notifies the appellant when it receives their notice of appeal.

^note

25 #

[Repealed, SOR/2026-45, s. 6] (repealed)

26How to appeal a General Division decision to the Appeal Division#

(1)To appeal a General Division decision, an appellant must file an application for permission to appeal with the Tribunal’s Appeal Division. The application must include

(a)the appellant’s full name;

(b)the appellant’s contact information;

(c)the appellant’s reasons for appealing; and

(d)a copy of the General Division decision, the date of the General Division decision or the General Division file number.

(2)The appellant must file the application for permission to appeal by the deadline set out in section 57(1.1) of the Department of Employment and Social Development Act.

(3)To be granted permission to appeal, the appellant must show that at least one of the criteria set out in section 58.1 of the Department of Employment and Social Development Act is met.

(4)The Tribunal notifies the appellant when it receives their application for permission to appeal.

^note

Appealing a Decision in an Employment Insurance Appeal

26.1How to appeal a Board of Appeal decision to the Appeal Division#

(1)To appeal a Board of Appeal decision, an appellant must file a notice of appeal with the Tribunal’s Appeal Division. The notice must include

(a)the appellant’s full name;

(b)the appellant’s contact information;

(c)the appellant’s reasons for appealing;

(d)a copy of the Board of Appeal decision; and

(e)contact information, if known, for any other person, other than the Commission, who was a party at the Board of Appeal.

(3)The appellant must file the notice of appeal by the deadline set out in section 54.2(1) of the Department of Employment and Social Development Act.

(4)The Tribunal notifies the appellant when it receives their notice of appeal.

(5)A Board of Appeal decision is considered received by the appellant

(a)10 days after the day it was sent, if the decision is sent by regular mail;

(b)on the date of the delivery confirmation receipt, if the decision is sent by registered mail or courier; or

(c)on the next business day, if the decision is sent by email or another electronic method.

(6)The Tribunal applies section 26.1(5) unless the appellant shows why the Tribunal should not do so.

^note

26.2How to appeal a General Division decision to the Appeal Division#

(1)To appeal a General Division decision in an Employment Insurance appeal, an appellant must file a notice of appeal with the Tribunal’s Appeal Division. The notice must include

(a)the appellant’s full name;

(b)the appellant’s contact information;

(c)the appellant’s reasons for appealing; and

(d)a copy of the General Division decision, the date of the General Division decision or the General Division file number.

(2)The appellant must file the notice of appeal by the deadline set out in section 57(1) of the Department of Employment and Social Development Act.

(3)The Tribunal notifies the appellant when it receives their notice of appeal.

^note

Late Appeal

27How to ask for more time#

(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.

(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

28Choosing English or French#

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.

29Documents not in English or French#

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.

30Asking for a translation of an English or French document filed by the Minister or Commission#

(1)A party may ask the Tribunal for a translation of a document into their chosen language for the appeal if the document

(a)was filed by the Minister or the Commission;

(b)is in English or French; and

(c)did not come from the party.

(2)If a party asks for a translation of a document that meets the conditions set out in section 30(1), the Minister or the Commission must file the translation with the Tribunal.

^note

31What to include with translated documents#

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.

32If a party needs an interpreter#

(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.

(2)The Tribunal provides an interpreter if a party asks for one.

Added Parties

33When the Tribunal automatically adds a party#

(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.

(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.

(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.

(4)The Tribunal decides whether to add a person without asking the other parties for arguments.

Part 6 · Procedures that Apply in Certain Situations

34What Part 6 is about#

This Part sets out various procedures that may apply in the appeal process.

Joining Appeals

35When the Tribunal may join appeals#

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

36If a party wants to limit public access#

(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.

(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

37What a conference may cover#

(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.

(2)A conference may take place

(a)by phone;

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

(c)in person.

38If a conference is a settlement conference#

(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.

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

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

^note

Deciding Based on an Agreement

39If the parties reach an agreement#

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

(2)The party does not need to file a request or an agreement if they reach the agreement at a settlement conference.

^note

Having a Witness Participate

40Having a witness at an oral hearing#

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;

(c)an Income Security appeal at the Appeal Division; and

(d)an Employment Insurance appeal at the Appeal Division, if the appeal is from a Board of Appeal decision and is about a question of constitutional law.

^note

41How to notify the Tribunal about a witness#

(1)If a party wants to have a witness testify in an Income Security appeal or in an Employment Insurance appeal that is about a question of constitutional law, 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.

(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.

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

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

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

^note

Handling Late Evidence or Written Arguments

42If a party files evidence or written arguments after a deadline#

(1)The Tribunal must not consider any evidence or written argument 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 or written argument.

(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 or argument is relevant;

(b)the evidence or argument is new;

(c)the party could have filed the evidence or argument earlier;

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

(e)giving permission would cause delays.

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

^note

Rescheduling a Hearing

43Asking to reschedule a hearing#

(1)A party may ask the Tribunal to reschedule a hearing. The Tribunal must reschedule the party’s hearing when

(a)they are asking for the first time;

(b)the original hearing was not scheduled according to their availability or their representative’s availability;

(c)they ask at least five business days before the original hearing date; and

(d)they are available for a hearing within two weeks before or after the original hearing date.

(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.

(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.

^note

Withdrawing an Appeal

44How to withdraw an appeal#

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.

^note

Part 7 · Income Security Appeal Process

45What Part 7 is about#

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

Income Security Appeals at the General Division

46Filing the reconsideration file#

(1)The Minister must file the reconsideration file with the Tribunal within 20 days after the day the Minister receives a copy of the notice of appeal.

(1.1)The reconsideration file must be filed in a single organized file. The Tribunal may require that it be filed in a specific form and manner.

(2)The reconsideration file must include a copy of the following:

(a)the application that led to the reconsideration request;

(b)the reconsideration request;

(c)the reconsideration decision; and

(d)all other relevant documents, including, if applicable,

(i)the notification referred to in section 46 or 46.1 of the Canada Pension Plan Regulations,

(ii)a document that sets out the information referred to in section 54(2) of the Canada Pension Plan Regulations,

(iii)the notice referred to in section 60(7) of the Canada Pension Plan, and

(iv)the notice referred to in section 16 or 24 of the Old Age Security Act.

^note

47Sending filing deadlines#

(1)The Tribunal must send the parties the deadlines for filing evidence, arguments or any other documents.

(2)Parties must file any evidence, arguments or other documents by the filing deadlines.

(3)The Tribunal may change the filing deadlines if it considers the change necessary. The Tribunal must then send the parties the new deadlines.

(4)The Tribunal must not set a filing deadline that falls more than two years after the day the appellant filed the notice of appeal unless there are exceptional circumstances.

^note

Income Security Appeals at the Appeal Division

48Asking for more information — permission to appeal#

(1)The Tribunal may ask an appellant for more information before it decides whether to grant permission to appeal a General Division decision.

(2)The Tribunal decides whether to grant permission to appeal without asking the other parties for arguments.

49Sending filing deadlines#

(1)If it grants permission to appeal, the Tribunal must send the parties the deadlines for filing evidence, arguments or any other documents.

(2)Parties must file any evidence, arguments or other documents by the filing deadlines.

(3)The Tribunal may change the filing deadlines if it considers the change necessary. The Tribunal must then send the parties the new deadlines.

Part 8 · Employment Insurance Appeal Process

50What Part 8 is about#

This Part sets out specific rules for Employment Insurance appeals at the General Division and Appeal Division.

Employment Insurance Appeals at the General Division

51Filing the reconsideration file#

(1)The Commission must file the reconsideration file with the Tribunal within seven business days after the day the Commission receives a copy of the notice of appeal.

(2)The reconsideration file must include a copy of the following:

(a)the reconsideration request;

(b)the reconsideration decision;

(c)all other relevant documents; and

(d)a document that sets out the Commission’s arguments, if it has any.

52If a party is filing evidence#

Parties must file any evidence before the hearing ends.

53Asking the Commission to investigate and report#

The Tribunal may ask the Commission to investigate and report on any question related to a claim for benefits. The Tribunal may do this anytime before giving its decision.

Employment Insurance Appeals at the Appeal Division

54Notifying the Board of Appeal#

(1)The Tribunal notifies the Board of Appeal when an appellant files a notice of appeal from a Board of Appeal decision.

(2)Within seven business days after the day the Tribunal notifies the Board of Appeal, the Board of Appeal must send the Tribunal

(a)contact information for any party, if the Tribunal asks for it; and

(b)the appeal record, which must include a copy of the following:

(i)the Commission’s reconsideration file sent to the Board of Appeal,

(ii)all other documents that were before the Board of Appeal members when reaching their decision, including all documents a party sent the Board of Appeal (such as forms, letters, evidence and arguments) and all documents the Board of Appeal sent a party (such as notices, letters and decisions), and

(iii)any recording of the hearing.

(3)The documents referred to in section 54(2)(b)(ii) must be filed in a single organized file.

(4)The Tribunal may require that the Board of Appeal file any document referred to in section 54(2)(b)(ii) or any recording referred to in section 54(2)(b)(iii) in a specific form and manner.

(5)The Tribunal must send the parties a copy of the documents in the appeal record. If the appeal record includes a recording of the hearing and a party asks for a copy of it, the Tribunal must send a copy to all parties.

^note

55Sending filing deadlines#

(1)The Tribunal must send the parties the deadlines for filing arguments.

(2)If an appeal is about a question of constitutional law, the deadlines may include deadlines for filing evidence.

(3)Parties must file any evidence or arguments by the filing deadlines.

(4)The Tribunal may change the filing deadlines if it considers the change necessary. The Tribunal must then send the parties the new deadlines.

^note

Part 9 · Hearing and Decision

56What Part 9 is about#

This Part sets out specific rules for hearings and decisions.

57Hearing details#

If there will be a hearing, the Tribunal must send the parties a notice that sets out the hearing details.

58When an oral hearing may take place without a party#

An oral hearing may take place without a party if the Tribunal is of the opinion that the party received the notice of hearing.

59When the Tribunal gives its decision#

The Tribunal must give its decision as soon as possible after the hearing. The Tribunal must give reasons for its decision.

Part 10 · [Repealed, SOR/2025-91, s. 18]

60Sending a copy of the decision to the Board of Appeal#

For Employment Insurance appeals at the Appeal Division, the Appeal Division sends a copy of its final decision to the Board of Appeal if the appeal is from

(a)a Board of Appeal decision; or

(b)a General Division Employment Insurance decision that is being referred back to the Board of Appeal for reconsideration.

^note