Federal Court of Appeal jurisdiction over Social Security Tribunal expanded to cover new disability benefit decisions

Plain-language summary · AI-assisted

The Federal Courts Act has been updated to bring two previously pending amendments into force in the consolidated text. The Social Security Tribunal's Appeal Division decisions are now subject to Federal Court of Appeal review with an expanded set of exclusions: decisions made under a new subsection (54.2(2)) and appeals about time extensions under a new subsection (43.11(2)) of the Department of Employment and Social Development Act are added to the list of matters the Federal Court of Appeal cannot hear. This reflects the coming into force of provisions related to the Canada Disability Benefit Act. Parties appealing or seeking judicial review of Social Security Tribunal Appeal Division rulings — particularly those involving disability benefits or employment insurance time-extension requests — should confirm which court has jurisdiction over their specific matter. The change also removes previously staged 'amendments not in force' language now that those provisions are operative.

Who this affects
claimants appealing Social Security Tribunal decisions · legal counsel handling federal judicial review applications · disability benefit applicants · employment insurance claimants seeking time extensions