Human Resources Legislative Update
Federal Social Security Tribunal Now Operational
Date: April 18, 2013
On April 1, 2013, the federal Social Security Tribunal (“SST”) became operational. It creates a new appeals process for decisions made under the Employment Insurance Act (“EI Act”), the Canada Pension Plan (“CPP”) and the Old Age Security Act (“OAS Act”).
The SST was enacted by the Jobs, Growth and Long-term Prosperity Act (“JGLPA”), omnibus legislation giving effect to the federal government’s Budget 2012 initiatives. It will replace four separate administrative tribunals:
- the Board of Referees (the Employment Insurance (“EI”) first level of appeal);
- the EI Umpires (the EI second level of appeal);
- the Canada Pension Plan and Old Age Security Review Tribunals (the CPP and OAS first level of appeal); and
- the Pension Appeals Board (the CPP second level of appeal).
The JGLPA sets out transitional provisions for appeals before these tribunals between April 1, 2013 and March 31, 2014. On April 1, 2014, the SST will begin hearing all appeals under the EI Act, the CPP and the OAS Act. Corresponding amendments to the EI Act, the CPP and the OAS Act have been made.
The SST provides for two levels of appeals: the General Division and the Appeal Division.
Social Security Tribunal Regulations and Reconsideration Request Regulations, supporting regulations to the SST initiative, came into force on April 1, 2013.