Policies

Policies related to hearings include the following:

Form of hearing

  1. This policy explains:
    • the different forms of hearings
    • the responsibilities of the parties for oral hearings
    • the requirement for witnesses for oral hearings; and
    • who is responsible for expenses associated with oral hearings.
  2. Form of hearings
    1. A Tribunal Member will decide how an appeal will proceed; the decision may be made on the basis of the record or after a hearing.
    2. Under the Social Security Tribunal Regulations, a hearing may be in writing or oral.
    3. The Tribunal will inform the parties of the form of the hearing.
    4. Proceeding on the basis of the record: In certain cases, a Tribunal Member may decide that a hearing is not necessary and that a decision will be made on the basis of the documents and the submissions on file.
    5. Hearing in writing: If a Member decides that the points that require clarification can be dealt with through written questions and answers, the hearing will be in writing.
    6. Oral hearing: If a Member decides that there will be an oral hearing, the Member will decide whether the hearing will be held by teleconference, videoconference, or in person.
    7. An oral hearing by teleconference means that the parties will take part in the hearing by telephone.
    8. An oral hearing by videoconference means that the parties will appear by videoconference before the Tribunal Member who is in another location. Videoconferencing allows the parties to interact with the Tribunal Member via two-way, simultaneous video and audio transmissions.
    9. An oral hearing in person is when the Tribunal Member and the parties are physically in the same hearing room.
  3. Responsibilities of the parties regarding an oral hearing only
    1. When the hearing proceeds by an oral hearing, the parties will be contacted to confirm their participation and set the place, date and time of the oral hearing.
    2. If a party wishes to bring a witness to the oral hearing, the party must inform the Tribunal at the time that the party is contacted to schedule the hearing. The party must ensure that the witness is available at the place, date and time of the oral hearing.
    3. Once the oral hearing has been scheduled, the Tribunal will send a notice of the hearing to the parties who have confirmed their participation. These parties are expected to present themselves at the place and on the day and time specified in the notice.
    4. An appellant requiring the services of an interpreter should consult the policy on Language of hearing, interpreters and language of documents.
    5. Teleconference: If the oral hearing is held by teleconference, the parties are responsible for having access to a telephone on the date and time of the hearing. They are also responsible for ensuring that they are physically in a place that is quiet and private to allow for full participation in the hearing.
    6. A party may use a cellular telephone to participate in the hearing. The party is responsible for ensuring that the telephone will be working for the duration of the hearing.
    7. A party who has difficulty accessing a telephone should inform the Tribunal when the oral hearing is scheduled or at least 48 hours before the day of the oral hearing for Employment Insurance cases or at least 14 days before the day of the oral hearing for Income Security cases.
    8. Videoconference: If the oral hearing is held by way of a videoconference, the Tribunal is responsible for identifying a videoconference room, available for the hearing. These parties are expected to present themselves at the place and on the day and time specified in the notice.
  4. Requirement for witnesses at oral hearings only
    1. Persons who are witnesses are required to provide testimony under oath or solemn affirmation.
    2. Witnesses are required to make a solemn affirmation unless they request to make an oath on a religious book.
    3. Witnesses who request to make an oath must bring their own religious book to the oral hearing; otherwise a solemn affirmation will be required.
    4. Persons who are witnesses cannot act as a representative for a party.
  5. Expenses and allowances related to an oral hearing only
    1. The parties are responsible for all expenses related to their participation in the oral hearing; that includes transportation, meals, hotel accommodation, etc.
    2. A party who wishes to bring a witness to the hearing is responsible for all expenses related to the participation of the witness in the oral hearing.
    3. According to the Department of Human Resources and Skills Development Act, the Chairperson of the Social Security Tribunal, may, for special reasons reimburse a party required to attend a hearing for travel and living expenses or pay to them any other allowance.

Language of hearing, interpreters and language of documents

  1. This policy explains:
    • the language in which the hearing is conducted
    • who can interpret at a Tribunal hearing
    • what will be expected of the interpreter; and
    • the requirements regarding the translation of documents in French or English
  2. Language of hearings
    1. Tribunal hearings are conducted in French or English.
    2. The appellant has the right to decide in which of the official languages the hearing will be held. Unless the appellant indicates otherwise, the hearing will be conducted in the official language in which the appeal notice was written. The appellant can request that the hearing be held in the other official language when the appellant is contacted to schedule the oral hearing.
  3. Interpreter
    1. If a party does not speak or understand either French or English sufficiently to ensure a fair hearing, the party must make arrangements to have an interpreter at the hearing.
    2. The interpreter may be a relative or a friend of the party and must be able to speak and understand the official language of the hearing.
    3. The party must ensure that the interpreter is available for the date and time of the hearing. The party is responsible for all expenses related to the interpreter.
    4. A party must inform the Tribunal of the intention to have an interpreter at the hearing when contacted to schedule the hearing.
    5. The role of the interpreter is to verbally translate what is said at the hearing. The interpreter establishes direct communication between the person requiring interpretation services and the other participants in the hearing. In other words, the role of the interpreter is to be a conduit for communication rather than an active participant.
    6. Interpreters will be required to swear an oath or make a solemn affirmation that they:
      • understand the language to be interpreted;
      • understand and speak either English or French; and
      • will interpret impartially and accurately to the best of their ability at the Tribunal hearing.
    7. The interpreter must not summarize, add to or ignore the testimony of the witness. Interpreters must not paraphrase evidence. If the interpreter is unable to translate a key word or a phrase in testimony, or does not understand the testimony, he or she must inform the Member conducting the hearing to obtain instructions.
    8. To ensure the integrity of the hearing, the Tribunal can verify the interpretation for accuracy (after the hearing).
  4. Language of documents and translation
    1. All documents sent to the Tribunal must be in French or English.
    2. Documents in a language other than French or English must be translated into French or English.
    3. The translated document must contain the name and coordinates of the translator in a printed format and an oath or a solemn affirmation written statement by the translator that the translation is accurate.
    4. The party must provide the Tribunal with both the document in its original language and the translated version.
    5. The party is responsible for all costs and expenses related to the translation of the document.
    6. The Tribunal can verify the translation to ensure that it is accurate.
    7. Documents in a language other than French or English that are not translated into French or English will not be accepted. They will be returned to the party who submitted the documents.

Tribunal hearing recordings

  1. This policy explains:
    • who may record Tribunal hearings; and
    • how to obtain a copy of the audio recording.
  2. Recording Tribunal hearings
    1. Under the Department of Human Resources and Skills Development Act, the Canada Pension Plan and the Old Age Security Act, there is no requirement for the Tribunal to record hearings conducted by telephone, videoconference or in person.
    2. However, the Tribunal audio-records its hearings using a digital audio-recording device. There are several advantages to recording hearings; among them it ensures a complete record in case of an appeal.
    3. Parties to the appeal are not permitted to record Tribunal hearings.
    4. Audio recordings of hearings are kept by the Tribunal, along with all the documents and information related to a specific appeal file.
  3. Copy of recording
    1. There is no legal requirement for the Tribunal to provide transcripts of hearings. The Tribunal does not make or use transcripts of its hearings.
    2. Parties to an appeal may request a copy of the audio recording of their hearing free of charge by completing the Audio Recording Request form (PDF format) and sending it to the Tribunal. This form is available on the Tribunal’s website or by request.
    3. The party requesting a copy of the recording must agree to use the audio recording for purposes related to his or her appeal only and to keep it confidential.
    4. If a party to the appeal wants to use the audio recording for other purposes, the party must request the copy of the recording under the Access to Information Act.
    5. The Tribunal usually approves audio recording requests from parties upon receipt of a completed Request form. In unusual circumstances, the Tribunal Member that heard the appeal may issue specific directions about the recording.
    6. Requests of audio-recordings from anyone who is not a party to the appeal, must be made under the Access to Information Act.
    7. The Tribunal cannot guarantee the audio quality of copies of audio recordings.