Form of hearing: now your choice

I am happy to inform you of another positive change at the Social Security Tribunal (Tribunal).

Starting January 14, 2019, appellants at the General Division can choose the form of hearing they prefer in most cases. This will better accommodate appellants’ needs and preferences in the appeal process.

As you know, the form of hearings are:

• Videoconference (via Service Canada Centre);
• In-person (via Service Canada Centre);
• Telephone;
• Written questions and answers; and
• On the record (for appeals to the General Division-Income Security).

Appellants can indicate their preferred form in their Notice of Appeal form.

What is changing from the way that we have been working? In most cases, the Tribunal will now accept the appellant’s choice of form of hearing, rather than substituting our own choice.

However, although every effort will be made to respect appellants’ preferred hearing form, in some cases we may not be able to accommodate their choice because of the nature of the case or considerations of expediency, fairness and natural justice. These situations will be exceptions.

For example, the Tribunal will continue to determine the form of hearing in the following types of cases:

• appeals related to a late request for reconsideration;
• appeals where the parties have reached an agreement;
• appeals that the Appeal Division sent back to the General Division;
• applications to rescind or amend a decision of the General Division;
• cases involving the Canadian Charter of Rights and Freedoms or a constitutional issue;
• group appeals in the General Division-Employment Insurance;
• appeals where the appellant is outside Canada or is incarcerated; and
• summary dismissals.

In cases where the appellant does not express a preference for a particular form of hearing, the Tribunal will usually schedule a hearing by telephone.

We are consistently working to become more client-centric and I look forward to continuing on this path. I invite you to learn more about our recent improvements on our website.