Question Period Note: Changes to the Social Security Tribunal

Based on the findings of a third party review and additional consultations with stakeholders, the Minister of Families, Children and Social Development announced important reforms to the SST on August 15, 2019, which will make the appeal process quicker, easier, and more responsive to the needs of Canadians.

• The Government has listened to Canadians and the recommendations of third party experts on the challenges facing the Social Security Tribunal.
• We have announced important reforms to the appeal process, making it faster, easier and more responsive to the needs of Canadians.

• The reforms also include the creation of a new tripartite decision-making tribunal.

• These changes reflect this government’s commitment to making the appeals process for EI, CPP and OAS easier for Canadians.

On June 15, 2016, the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA) recommended that ESDC undertake a review of the new SST that focuses on costs, efficiency, client satisfaction, transparency, form of hearing and timeliness of decisions.

On March 7, 2017, the Department announced that a review of the SST would be conducted prior to the end of the year, to ensure the SST’s processes met the needs and expectations of Canadians, and to assess its fairness and transparency. The third party review included public consultations, interviews with key stakeholders, online surveys, written submissions and focus groups across Canada to ascertain the issues and concerns affecting clients. The final Report, released in January 2018, included a number of recommendations to ensure the appeals process is more responsive to the needs of clients.

As a result of consultations with Canadians and the SST review, the Government announced the decision to go back to a tripartite decision-making system for first-level EI appeals. First level appeals will be routed to the Employment Insurance Boards of Appeal, overseen by the Canada Employment Insurance Commission, and will include representatives from the Government of Canada, the employer community, and labour representatives. At the same time, a “de novo” model will be reintroduced for Income Security appeals at the second level, recognizing that new medical evidence can emerge over time and provides appellants with a new and final decision on eligibility.

A number of client centric improvements will also be introduced for both EI and Income Security appeals. These include streamlining processes, reducing legalistic barriers, and providing facilitated access for clients.

Changes are expected to come into effect in April of 2021 to ensure enough time for a full smooth transition. The changes are part of the Government of Canada’s commitment, to make the appeal process for EI, CPP and OAS easier to navigate and more responsive.

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