Streamlining and Simplifying the Overall Income Security Appeal Process


Canada (SI/2022-59)

On December 21, 2022 based on the recommendation of the Minister of Employment and Social Development, the Governor General fixed December 5, 2022 as the day on which Division 20 of Part 4 of Budget Implementation Act, 2021, No.1 comes into force.

Division 20 of Part 4 includes section 220-243 inclusive and amends the Department of Employment and Social Development Act (DESDA) and the Federal Courts Act (FCA). The objective of this Order is to bring into force amendments to the DESDA and the FCA that are designed to streamline and simplify the overall income security appeal process and make reforms to the Social Security Tribunal (SST).

The amendments include several improvements that streamline and simplify the appeals process, such as returning to a “de novo” hearing model for second level Income Security (IS) appeals, broadening grounds for seeking leave to appeal first level IS decisions, repeal provisions that were misused and may have complicated the appeal process for Appellants, provide the Chairperson of the SST the authority to make Rules of Procedure.

The amendments to the FCA ensure the provisions regarding the Federal Court’s jurisdiction to hear and determine applications for judicial review of second level SST decisions refer to the appropriate sections of DESDA. The amendments also remove the reference to subsection 53(3) of DESDA, pertaining to summary dismissal, as the  provision was repealed.

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