SOR/2022-256202212
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DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPMENT ACTSocial Security Tribunal Rules of ProcedureWhereas, under subsection 45.1(2)a of the Department of Employment and Social Development Actb, the Minister of Employment and Social Development has approved the making of the annexed Social Security Tribunal Rules of Procedure;S.C. 2021, c. 23, s. 221S.C. 2005, c. 34; S.C. 2013, c. 40, s. 205Therefore, the Chairperson of the Social Security Tribunal makes the annexed Social Security Tribunal Rules of Procedure under subsection 45.1(2)a of the Department of Employment and Social Development Actb.Ottawa, November 3, 2022Le président du Tribunal de la sécurité sociale,Paul AtermanChairperson of the Social Security Tribunal
Introduction
Purpose of these RulesThese 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.SOR/2025-91, s. 1
About the TribunalThe 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.General DivisionThe Tribunal’s General Division decides appeals from reconsideration decisions made under each of the following:the Canada Pension Plan;the Canada Disability Benefit Regulations;the Old Age Security Act;the Employment Insurance Act.Appeal DivisionThe Tribunal’s Appeal Division decides appeals from General Division decisions.SOR/2025-91, s. 2SOR/2025-92, s. 1
Overview of these RulesThese 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:Part 1 sets out how to interpret the Rules;Part 2 sets out general rules about what the Tribunal can do and how it conducts the appeal process;Part 3 sets out the roles and responsibilities of participants and the Tribunal;Part 4 sets out how to file documents with the Tribunal and how the Tribunal handles documents;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;Part 6 sets out various procedures that may apply in the appeal process;Part 7 sets out specific rules for Income Security appeals at the General Division and Appeal Division;Part 8 sets out specific rules for Employment Insurance appeals at the General Division and Appeal Division; andPart 9 sets out specific rules for hearings and decisions.[Repealed, SOR/2025-91, s. 3][Repealed, SOR/2025-91, s. 3]SOR/2025-91, s. 3
Interpretation
What Part 1 is aboutThis 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.
DefinitionsThe 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 under Part 5 of the Department of Employment and Social Development Act. It includes an application for permission to appeal to the Appeal Division. (appel)appellant means the person who appeals a reconsideration decision to the General Division or a General Division decision to the Appeal Division. At the Appeal Division, the appellant may also 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)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 meansan address;a phone number, if there is one; andan 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. (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 meansthe parties; andrepresentatives, support persons, witnesses and interpreters who take part in an appeal. (participant)party means the appellant and the Minister, for Income Security appeals at the General Division;the appellant and the Commission, for Employment Insurance appeals at the General Division;the appellant and any other party to the appeal at the General Division, for appeals at the Appeal Division; andany 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 or 58.1 of the Department of Employment and Social Development Act. (permission de faire appel)reconsideration decision meansa 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 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;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; ora 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 undersection 81(1) or (1.1) of the Canada Pension Plan;section 18(1) or (2) of the Canada Disability Benefit Regulations;section 27.1(1) or (1.1) of the Old Age Security Act; orsection 112 of the Employment Insurance Act. (demande de révision)SOR/2025-91, s. 4SOR/2025-92, s. 2
How the Tribunal interprets and applies these RulesThe Tribunal must interpret and apply these Rules so thatthe appeal process is simple, quick and fair;the Tribunal considers the parties’ particular circumstances;every party can participate in the appeal process, even if they do not have a representative; andthe appeal process is flexible and appropriate for what the Tribunal must decide in each appeal.
General Rules
What Part 2 is aboutThis Part sets outhow the Tribunal conducts the appeal process;what happens if the Tribunal cannot reach a party; andhow to ask for an accommodation.
Conducting the Appeal Process
Making the appeal process simple, quick and fairThe Tribunal must make sure that the appeal process is as simple and quick as fairness allows.Using active adjudicationThe Tribunal uses active adjudication as described in section 17(2) to help parties participate fully in the appeal process.If a party wants the Tribunal to decide on a procedureA 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.Adapting these RulesThe 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.If these Rules do not cover somethingThe Tribunal may decide the procedure for anything not in these Rules or the Social Security Tribunal Regulations, 2022.SOR/2025-91, s. 5
Continuing the Appeal Process Without a Party
Contact information on fileThe Tribunal uses the contact information it has on file when it contacts a party or sends a document to a party.If the Tribunal cannot reach a partyThe 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
Definition of accommodationIn 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.If a participant needs an accommodationA participant must notify the Tribunal as soon as possible if they need an accommodation.
Roles and Responsibilities
What Part 3 is aboutThis Part sets out the roles and responsibilities of participants and the Tribunal.
All Participants
Participants’ responsibilitiesParticipants mustbe respectful and help maintain a safe environment;be honest; andnot act in any way that goes against these Rules, the Social Security Tribunal Regulations, 2022 or the appeal process.
Parties
How parties participateParties are responsible for participating in the appeal process. This may includepreparing documents;filing documents with the Tribunal;presenting evidence or arguments;attending a conference or a hearing;questioning witnesses; andresponding to another party’s arguments.Following Rules and directionsParties must follow these Rules and the Tribunal’s directions. This includescommunicating with the Tribunal and responding to its requests; andmeeting the deadlines the Tribunal sets out.Keeping contact information up to dateParties must notify the Tribunal as soon as possible of any changes to their contact information.
Representatives
What a representative doesIf a party chooses to have a representative under section 63.1 of the Department of Employment and Social Development Act, the representativeacts on behalf of the party by presenting their position;may represent the party for all or part of the appeal process; anddoes not need to be a lawyer.How a representative participatesA representative is responsible for participating in the appeal process in the same way that a party participates as described in section 13.Sharing information with a partyThe Tribunal communicates directly with a representative. The representative must share information they receive from the Tribunal with the party they represent.Keeping a representative’s contact information up to dateA representative must notify the Tribunal as soon as possible of any changes to their contact information.If a representative stops representing a partyA representative must notify the Tribunal as soon as possible if they stop representing a party.
Support Persons
Definition of support personIn this section and in Part 1, support person means a person who helps a party at an oral hearing byorganizing their documents;taking notes for the party; orgiving moral and emotional support.How a support person participatesA support person does not represent the party, but they may attend the oral hearing as an observer.Sharing information with a support personThe 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
What a witness doesA witness testifies at an oral hearing to give relevant evidence.How a witness participatesA witness may be questioned by a party, a representative or the Tribunal. A witness must answer all questions truthfully.
Tribunal
What the Tribunal doesThe 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.How the Tribunal actively adjudicatesThe Tribunal actively adjudicates appeals. Active adjudication may includedeciding what issues need to be addressed;deciding what procedures are appropriate in the circumstances;helping parties, representatives and witnesses understand the appeal process and these Rules;providing information about the laws that apply to the appeal;providing information about evidence;deciding the order for parties to present evidence or arguments at an oral hearing; andasking parties, representatives and witnesses questions at an oral hearing.SOR/2025-91, s. 6
Documents
What Part 4 is aboutThis Part sets outhow to file documents with the Tribunal and what the Tribunal does with them;what the Tribunal can do with electronic documents; andwhen the Tribunal considers that a party has received a document.
Documents Filed with the Tribunal
How to file documentsA party that needs to file a document with the Tribunal must file the document in one of the following ways:by email, using the address set out on the Tribunal’s website;by mail, using the address set out on the Tribunal’s website; orelectronically, using the electronic filing procedure set out on the Tribunal’s website.Filing documents in a specific form and mannerThe Tribunal may require a party to file a document in a specific form and manner.When a document is filedA document is considered filed on the date the Tribunal receives it. On each document, the Tribunal indicates the date it received the document.Extending a deadline that falls on a weekend or holidayIf 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.SOR/2025-91, s. 7
Adding documents to the appeal recordWhen a party files a document to support their position in an appeal, the Tribunal must add it to the appeal record.Sending copies to partiesWhen 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.Accessing documents in the appeal recordThe 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
An electronic copy is an originalAn electronic copy of a document is considered the original version of the document.Making electronic copiesThe Tribunal may make an electronic copy of any document filed.Providing an electronic copyThe Tribunal may provide an electronic copy of any document filed.Certifying an electronic copy as a true copyThe Tribunal may certify an electronic copy as a true copy.
Receiving Documents from the Tribunal
When a party receives a document by regular mailWhen the Tribunal sends a document to a party by regular mail, the document is considered received 10 days after the day it was sent.When a party receives a document by registered mail or courierWhen 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.When a party receives a document electronicallyWhen the Tribunal sends a document to a party by email or another electronic method, the document is considered received on the next business day.ExceptionThe Tribunal applies sections 22(1) to (3) unless a party shows why the Tribunal should not apply them.
Appealing a Decision
What Part 5 is aboutThis Part sets outhow to appeal and what information to provide;how the Tribunal handles late appeals;what language the appeal can be in; andhow the Tribunal adds parties.
Notice of Appeal
How to appeal a reconsideration decision to the General DivisionTo appeal a reconsideration decision, an appellant must file a notice of appeal with the Tribunal’s General Division. The notice must includethe appellant’s full name;the appellant’s contact information;the appellant’s reasons for appealing; anda copy of the reconsideration decision or the date of the reconsideration decision.[Repealed, SOR/2025-91, s. 8]Identifying numberThe 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.When to file the notice of appealThe appellant must file the notice of appeal by the deadline set out in section 52 of the Department of Employment and Social Development Act.Confirming the notice of appeal was receivedThe Tribunal notifies the appellant when it receives their notice of appeal.SOR/2025-91, s. 8
Notifying an employer about an Employment Insurance appealThe Tribunal notifies an appellant’s employer or former employer about an Employment Insurance appeal at the General Division if the appeal is about one of the following situations:failing to take advantage of an opportunity for, apply for or accept suitable employment under section 27 of the Employment Insurance Act, if the reasons are work-related;losing or being suspended from an employment because of misconduct under section 30, 31 or 33 of the Employment Insurance Act;voluntarily leaving an employment under section 30 or 32 of the Employment Insurance Act, if the reasons are work-related; ora labour dispute under section 36 of the Employment Insurance Act.
How to appeal a General Division decision to the Appeal DivisionTo appeal a General Division decision, an appellant must file an application for permission to appeal with the Tribunal’s Appeal Division. The application must includethe appellant’s full name;the appellant’s contact information;the appellant’s reasons for appealing; anda copy of the General Division decision, the date of the General Division decision or the General Division file number.When to file the applicationThe appellant must file the application for permission to appeal by the deadline set out in section 57 of the Department of Employment and Social Development Act.Getting permission to appealTo be granted permission to appeal, the appellant must showfor an Income Security appeal, that at least one of the criteria set out in section 58.1 of the Department of Employment and Social Development Act is met; andfor an Employment Insurance appeal, that there is a reasonable chance of success on at least one of the grounds of appeal set out in section 58 of the Department of Employment and Social Development Act.Confirming the application was receivedThe Tribunal notifies the appellant when it receives their application for permission to appeal.
Late Appeal
How to ask for more timeAn 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.Deciding to give more time to appealThe 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
Choosing English or FrenchA 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.
Documents not in English or FrenchA party who wants to file a document that is not in English or French mustget the document translated into English or French; andfile the translation with the document.
Asking for a translation of an English or French document filed by the Minister or CommissionA party may ask the Tribunal for a translation of a document into their chosen language for the appeal if the documentwas filed by the Minister or the Commission;is in English or French; anddid not come from the party.Filing the translationIf 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.SOR/2025-91, s. 9
What to include with translated documentsIf a party files a translation with the Tribunal, the party must include the following information:the translator’s full name;the translator’s contact information; anda statement from the translator that the translation is accurate.
If a party needs an interpreterA 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.Tribunal will provide an interpreterThe Tribunal provides an interpreter if a party asks for one.
Added Parties
When the Tribunal automatically adds a partyThe Tribunal must add a person as a party to an appeal in the following situations:when the Minister notifies the Tribunal of that person under section 65 of the Department of Employment and Social Development Act; andwhen an employer is appealing a reconsideration decision about that person’s entitlement to benefits under the Employment Insurance Act.Other situations when the Tribunal could add a partyThe Tribunal may decide to add a person as a party to an appeal if the person has a direct interest in the decision.How to ask to be added as a partyA person who wants to be added as a party to an appeal must file a request with the Tribunal. The request must includetheir full name;their contact information; andan explanation of how they have a direct interest in the decision.Deciding without arguments from other partiesThe Tribunal decides whether to add a person without asking the other parties for arguments.
Procedures that Apply in Certain Situations
What Part 6 is aboutThis Part sets out various procedures that may apply in the appeal process.
Joining Appeals
When the Tribunal may join appealsThe Tribunal may deal with two or more appeals together ifthe appeals raise a common question; andjoining the appeals is not unfair to the parties.
Limiting Public Access to the Appeal
If a party wants to limit public accessA 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.What information to include with the requestThe party’s request must set outthe 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;the information or documents they want to limit public access to; andthe reasons why reasonable alternative measures cannot adequately reduce the serious risk.
Holding Conferences
What a conference may coverThe Tribunal may hold a conference with the parties to talk about the appeal. A conference may include discussions about any matter, such asthe step the appeal is at and the next steps in the appeal process;the issues in the appeal;the Tribunal’s authority to do or decide something;the deadlines for filing documents; andways to settle the appeal without a hearing.How a conference takes placeA conference may take placeby phone;by video or other type of telecommunication; orin person.
If a conference is a settlement conferenceIf 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.ExceptionIf all parties agree, the documents and discussions may be disclosed and the documents may be included in the appeal record.If there is a hearing after a settlement conferenceThe Tribunal member who holds a settlement conference must not hear the appeal unless all parties agree.SOR/2025-91, s. 10(F)
Deciding Based on an Agreement
If the parties reach an agreementA 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.ExceptionThe party does not need to file a request or an agreement if they reach the agreement at a settlement conference.SOR/2025-91, s. 11
Having a Witness Participate
Having a witness at an oral hearingA party may have a witness testify at an oral hearing in the following types of appeals:an Employment Insurance appeal at the General Division;an Income Security appeal at the General Division; andan Income Security appeal at the Appeal Division.
How to notify the Tribunal about a witness in an Income Security appealIf a party wants to have a witness testify in an Income Security appeal, the party must file a notice with the Tribunal by the filing deadline. The notice must include the following information:the witness’s full name;the relationship between the party and the witness; andthe language the witness will use to testify.Other information to include about certain witnessesIf a witness is testifying as a professional, the notice must also include the following:the witness’s résumé; anda list of the documents filed with the Tribunal that the witness will testify about or a summary of what the witness will testify about.ExceptionSection 41(2) does not apply to a witness who is a health care professional who treated the party seeking benefits.Admitting evidence from a professionalThe Tribunal does not qualify any witness as an expert before admitting the witness’s evidence.ExceptionIf a party wants to testify, they do not need to file a notice.
Handling Late Evidence or Written ArgumentsSOR/2025-91, s. 12
If a party files evidence or written arguments after a deadlineThe 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.What factors the Tribunal considersWhen deciding whether to give a party permission, the Tribunal must consider any relevant factor. For example, the Tribunal considers whetherthe evidence or argument is relevant;the evidence or argument is new;the party could have filed the evidence or argument earlier;giving permission would be unfair to a party; andgiving permission would cause delays.Deciding without arguments from other partiesThe Tribunal decides whether to give permission without asking the other parties for arguments unless fairness requires the Tribunal to ask.SOR/2025-91, s. 13
Rescheduling a Hearing
Asking to reschedule a hearingA party may ask the Tribunal to reschedule a hearing. The Tribunal must reschedule the party’s hearing whenthey are asking for the first time;the original hearing was not scheduled according to their availability or their representative’s availability;they ask at least five business days before the original hearing date; andthey are available for a hearing within two weeks before or after the original hearing date.Explaining why the hearing needs to be rescheduledIf 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.Rescheduling for fairness reasonsThe 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.SOR/2025-91, s. 14
Withdrawing an Appeal
How to withdraw an appealAn appellant may withdraw their appeal. They may do this by notifying the Tribunal anytimebefore the hearing ends, when there is an oral hearing; orbefore the Tribunal gives its decision, when there is a hearing in writing.SOR/2025-91, s. 15(F)
Income Security Appeal Process
What Part 7 is aboutThis Part sets out specific rules for Income Security appeals at the General Division and Appeal Division.
Income Security Appeals at the General Division
Filing the reconsideration fileThe 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.Filing in a single organized fileThe reconsideration file must be filed in a single organized file. The Tribunal may require that it be filed in a specific form and manner.What to include with the reconsideration fileThe reconsideration file must include a copy of the following:the application that led to the reconsideration request;the reconsideration request;the reconsideration decision; andall other relevant documents, including, if applicable,the notification referred to in section 46 or 46.1 of the Canada Pension Plan Regulations,a document that sets out the information referred to in section 54(2) of the Canada Pension Plan Regulations,the notice referred to in section 60(7) of the Canada Pension Plan, andthe notice referred to in section 16 or 24 of the Old Age Security Act.SOR/2025-91, s. 16
Sending filing deadlinesThe Tribunal must send the parties the deadlines for filing evidence, arguments or any other documents.If a party is filing evidence, arguments or other documentsParties must file any evidence, arguments or other documents by the filing deadlines.Changing the filing deadlinesThe Tribunal may change the filing deadlines if it considers the change necessary. The Tribunal must then send the parties the new deadlines.Two-year limitThe 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.SOR/2025-91, s. 17(F)
Income Security Appeals at the Appeal Division
Asking for more information — permission to appealThe Tribunal may ask an appellant for more information before it decides whether to grant permission to appeal a General Division decision.Deciding without arguments from other partiesThe Tribunal decides whether to grant permission to appeal without asking the other parties for arguments.
Sending filing deadlinesIf it grants permission to appeal, the Tribunal must send the parties the deadlines for filing evidence, arguments or any other documents.If a party is filing evidence, arguments or other documentsParties must file any evidence, arguments or other documents by the filing deadlines.Changing the filing deadlinesThe Tribunal may change the filing deadlines if it considers the change necessary. The Tribunal must then send the parties the new deadlines.
Employment Insurance Appeal Process
What Part 8 is aboutThis Part sets out specific rules for Employment Insurance appeals at the General Division and Appeal Division.
Employment Insurance Appeals at the General Division
Filing the reconsideration fileThe 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.What to include with the reconsideration fileThe reconsideration file must include a copy of the following:the reconsideration request;the reconsideration decision;all other relevant documents; anda document that sets out the Commission’s arguments, if it has any.
If a party is filing evidenceParties must file any evidence before the hearing ends.
Asking the Commission to investigate and reportThe 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
Asking for more information — permission to appealThe Tribunal may ask an appellant for more information before it decides whether to grant permission to appeal a General Division decision.Deciding without arguments from other partiesThe Tribunal decides whether to grant permission to appeal without asking the other parties for arguments.
Deadline for filing argumentsIf the Tribunal grants permission to appeal, the parties must file any arguments no more than 45 days after the day the Tribunal grants permission.Deadline for filing arguments — hearing in writingWhen there is a hearing in writing, the Tribunal must give parties 15 days to file any arguments in response to another party’s position.
Hearing and Decision
What Part 9 is aboutThis Part sets out specific rules for hearings and decisions.
Hearing detailsIf there will be a hearing, the Tribunal must send the parties a notice that sets out the hearing details.
When an oral hearing may take place without a partyAn oral hearing may take place without a party if the Tribunal is of the opinion that the party received the notice of hearing.
When the Tribunal gives its decisionThe Tribunal must give its decision as soon as possible after the hearing. The Tribunal must give reasons for its decision.
[Repealed, SOR/2025-91, s. 18]
[Repealed, SOR/2025-91, s. 18]
[Repealed, SOR/2025-91, s. 18]
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AMENDMENTS NOT IN FORCE — SOR/2026-45, s. 1
Paragraph 2(2)(c) of the Social Security Tribunal Rules of Procedure1 is repealed.SOR/2022-256Subsection 2(3) of the Rules is replaced by the following:Appeal DivisionThe Tribunal’s Appeal Division decides appeals from General Division decisions and Board of Appeal decisions.
 — SOR/2026-45, s. 2
Paragraph 3(h) of the Rules is replaced by the following:Part 8 sets out specific rules for Employment Insurance appeals at the Appeal Division; and
 — SOR/2026-45, s. 3
The definitions appeal, appellant, Employment Insurance appeal and permission to appeal in section 5 of the Rules are replaced by the following: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 meansthe person who appeals a reconsideration decision to the General Division; orthe 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)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)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)The definition Employment Insurance appeal in section 5 of the Rules is replaced by the following:Employment Insurance appeal means an appeal from a Board of Appeal decision to the Appeal Division. (appel en assurance-emploi)Paragraphs (b) to (d) of the definition party in section 5 of the Rules are replaced by the following:the appellant and any other party at the General Division or the Board of Appeal, for appeals at the Appeal Division; andany person added as a party under section 33. (partie)Paragraph (c) of the definition party in section 5 of the Rules is replaced by the following:the appellant and any other party at the General Division or the Board of Appeal, for appeals at the Appeal Division; andThe definition reconsideration decision in section 5 of the Rules is amended by adding “or” at the end of paragraph (a.1), by striking out “or” at the end of paragraph (b) and by repealing paragraph (c).The definition reconsideration request in section 5 of the Rules is amended by adding “or” at the end of paragraph (a.1), by striking out “or” at the end of paragraph (b) and by repealing paragraph (c).Section 5 of the Rules is amended by adding the following in alphabetical order:Board of Appeal means the Employment Insurance Board of Appeal. (Conseil d’appel)
 — SOR/2026-45, s. 4
The heading before section 24 of the Rules is replaced by the following:Appealing a Decision in an Income Security Appeal
 — SOR/2026-45, s. 5
The portion of subsection 24(1) of the Rules before paragraph (a) is replaced by the following:
How to appeal a reconsideration decision to the General DivisionTo 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
 — SOR/2026-45, s. 6
Section 25 of the Rules is repealed.
 — SOR/2026-45, s. 7
Subsections 26(2) and (3) of the Rules are replaced by the following:When to file the application for permission to appealThe 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.Getting permission to appealTo 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.Subsection 26(2) of the Rules is replaced by the following:When to file the application for permission to appealThe appellant must file the application for permission to appeal by the deadline set out in section 57(1) of the Department of Employment and Social Development Act.
 — SOR/2026-45, s. 8
The Rules are amended by adding the following after section 26:Appealing a Decision in an Employment Insurance Appeal
How to appeal a Board of Appeal decision to the Appeal DivisionTo appeal a Board of Appeal decision, an appellant must file a notice of appeal with the Tribunal’s Appeal Division. The notice must includethe appellant’s full name;the appellant’s contact information;the appellant’s reasons for appealing;a copy of the Board of Appeal decision; andcontact information, if known, for any other person, other than the Commission, who was a party at the Board of Appeal.Identifying numberThe 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.When to file the notice of appealThe 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.Confirming the notice of appeal was receivedThe Tribunal notifies the appellant when it receives their notice of appeal.Receiving a Board of Appeal decisionA Board of Appeal decision is considered received by the appellant10 days after the day it was sent, if the decision is sent by regular mail;on the date of the delivery confirmation receipt, if the decision is sent by registered mail or courier; oron the next business day, if the decision is sent by email or another electronic method.ExceptionThe Tribunal applies section 26.1(5) unless the appellant shows why the Tribunal should not do so.
How to appeal a General Division decision to the Appeal DivisionTo 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 includethe appellant’s full name;the appellant’s contact information;the appellant’s reasons for appealing; anda copy of the General Division decision, the date of the General Division decision or the General Division file number.When to file the notice of appealThe 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.Confirming the notice of appeal was receivedThe Tribunal notifies the appellant when it receives their notice of appeal.
 — SOR/2026-45, s. 9
Section 26.2 of the Rules is repealed.
 — SOR/2026-45, s. 10
Subsection 33(1) of the Rules is replaced by the following:
When the Tribunal automatically adds a partyThe Tribunal must add a person as a party to an Income Security appeal when the Minister notifies the Tribunal of that person under section 65 of the Department of Employment and Social Development Act.
 — SOR/2026-45, s. 11
Paragraphs 40(a) to (d) of the Rules are replaced by the following:an Income Security appeal at the General Division;an Income Security appeal at the Appeal Division; andan Employment Insurance appeal, if the appeal is about a question of constitutional law.Section 40 of the Rules is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):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.
 — SOR/2026-45, s. 12
The portion of subsection 41(1) of the Rules before paragraph (a) is replaced by the following:
How to notify the Tribunal about a witnessIf 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:
The portion of subsection 41(1) of the Rules before paragraph (a) is replaced by the following:
How to notify the Tribunal about a witnessIf a party wants to have a witness testify, the party must file a notice with the Tribunal by the filing deadline. The notice must include the following information:
 — SOR/2026-45, s. 13
Subsection 42(1) of the Rules is replaced by the following:
If a party files evidence or written arguments after a deadlineThe Tribunal must not consider any evidence or written argument that a party files after a filing deadline set by the Tribunal unless it gives the party permission to use that evidence or written argument.
 — SOR/2026-45, s. 14
Sections 50 to 53 of the Rules and the heading after section 53 are replaced by the following:
What Part 8 is aboutThis Part sets out specific rules for Employment Insurance appeals at the Appeal Division.
 — SOR/2026-45, s. 15
Sections 54 and 55 of the Rules are replaced by the following:
Notifying the Board of AppealThe Tribunal notifies the Board of Appeal when an appellant files a notice of appeal from a Board of Appeal decision.Sending the Tribunal the appeal recordWithin seven business days after the day the Tribunal notifies the Board of Appeal, the Board of Appeal must send the Tribunalcontact information for any party, if the Tribunal asks for it; andthe appeal record, which must include a copy of the following:the Commission’s reconsideration file sent to the Board of Appeal,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), andany recording of the hearing.Filing in a single organized fileThe documents referred to in section 54(2)(b)(ii) must be filed in a single organized file.Filing in a specific form and mannerThe 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.Sending copies to partiesThe 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.
Sending filing deadlinesThe Tribunal must send the parties the deadlines for filing arguments.Questions of constitutional lawIf an appeal is about a question of constitutional law, the deadlines may include deadlines for filing evidence.If a party is filing evidence or argumentsParties must file any evidence or arguments by the filing deadlines.Changing the filing deadlinesThe Tribunal may change the filing deadlines if it considers the change necessary. The Tribunal must then send the parties the new deadlines.
 — SOR/2026-45, s. 16
The Rules are amended by adding the following after section 59:
Sending a copy of the decision to the Board of AppealFor 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 froma Board of Appeal decision; ora General Division Employment Insurance decision that is being referred back to the Board of Appeal for reconsideration.
 — SOR/2026-45, s. 17
Section 60 of the Rules is replaced by the following:
Sending a copy of the decision to the Board of AppealFor Employment Insurance appeals, the Appeal Division sends a copy of its final decision to the Board of Appeal.
 — SOR/2026-45, s. 18
An appeal from a General Division Employment Insurance decision to the Appeal Division is to be dealt with in accordance with the Social Security Tribunal Rules of Procedure as they read immediately before the day on which this section comes into force.
SOR/2025-922025-05-15SOR/2025-912025-05-14