Practice Direction 2015-02: Procedure for requesting and issuing a corrigendum (the correction of an error in a decision)

Date Issued: December 18, 2015 (updated July 10, 2017)

Application

This practice direction applies to:

  1. a) a party to an appeal before the General Division, Income Security (GD-IS) Section requesting a corrigendum of a GD-IS decision;
  2. b) a member of the GD-IS Section who receives a request from a party to issue a corrigendum;
  3. c) a member of the GD-IS Section who issues a corrigendum on their own initiative; and
  4. d) the Chairperson or the Vice-chairperson, where the member who wrote the decision is no longer a member of the Tribunal.

Purpose

The purpose of this practice direction is to set out the procedure for requesting and issuing a corrigendum of a GD-IS decision.

Background

If a party to an appeal thinks there is an error in the GD-IS decision, that party can file an application for leave to appeal to the Appeal Division of the Tribunal (paragraph 57(1)(b) of the Department of Employment and Social Development Act). However, if the error in question is a minor typographical error (for example the member wrote 2025 instead of 2015), the party may ask the Tribunal to correct the error with a corrigendum. This practice tends to be more efficient and less time consuming because, in some situations, it may be possible to correct the error without filing an application for leave to appeal before the Appeal Division of the Tribunal.

Subsection 3(2) of the Social Security Tribunal Regulations (Regulations) allows the Tribunal to proceed by way of analogy to the Regulations if a question of procedure arises that is not dealt with by the Regulations. Since the Regulations do not specify how to request or issue a corrigendum, the Tribunal adopts the procedure explained below.

Procedure for requesting and issuing a corrigendum

  1. 1) Requesting a corrigendum

The Tribunal must receive a request for a corrigendum within 90 days after the day on which the GD-IS decision was communicated to the appellant. The Tribunal will not issue a corrigendum if the request is received after the 90 days. The request must state:

  1. a) the appeal number;
  2. b) the perceived error; and
  3. c) how it should be corrected.

A party requesting a corrigendum may ask the Appeal Division to grant an extension of 30 days, from the date the GD-IS issues a corrigendum or a letter stating that a corrigendum will not be issued, to appeal to the Appeal Division.

  1. 2) Responding to the request for a corrigendum

When the Tribunal receives a request for a corrigendum, the Tribunal will either:

  1. a) issue a corrigendum to the parties; or
  2. b) advise the parties that a corrigendum will not be issued.
  1. a) A corrigendum is considered to be a new decision. If the Tribunal issues a corrigendum, the parties to the appeal will receive an amended decision and the changes will be written in bold inside square brackets. If the corrigendum addresses the error identified in the GD-IS decision, no further steps will be required. However, if a party believes that the GD-IS corrigendum does not address the error identified in the request, the party can file an application for leave to appeal to the Appeal Division of the Tribunal within 90 days after the day on which the corrigendum was communicated.
  2. b) A letter stating that a corrigendum will not be issued is not a new decision. Therefore, parties have 90 days from the date the General Division decision is communicated to the appellant to apply for leave to appeal at the Appeal Division, plus any additional time which may have been granted pursuant to # 1 above.
  1. 3) Members issuing a corrigendum on their own initiative

Members may issue a corrigendum on their own initiative. If this happens, the parties to the appeal will receive an amended decision and the changes will be written in bold inside square brackets. A party who is not satisfied with the corrigendum can file an application for leave to appeal to the Appeal Division of the Tribunal within 90 days after the day on which the corrigendum was communicated.

  1. 4) Simultaneous request for a corrigendum and an application for leave to appeal

The Tribunal discourages the practice of filing a request for a corrigendum and an application for leave to appeal at the same time. To ensure efficiency, requesting a corrigendum is the preferred practice if the issuance of a corrigendum can avoid the need for an application for leave to appeal.

If the Tribunal receives a request for a corrigendum and an application for leave to appeal to the Appeal Division at the same time, the Appeal Division will not proceed with the application for leave to appeal until the request for a corrigendum has been finalized. This means that the time limits for filing additional documents or submissions before the Appeal Division are suspended until the request for a corrigendum has been finalized.

Once the GD-IS Section addresses the request for a corrigendum, the Vice-Chairperson of the AD will assign the leave to appeal application to an AD member. The AD member may:

  1. a) Refuse leave to appeal because the appeal is no longer required; or
  2. b) Grant leave to appeal, wait up to 45 days for submissions from the parties and then render a decision.

Service standards

A corrigendum, or a letter stating that a corrigendum will not be issued, will be sent to the parties within 30 days of the Tribunal receiving the request for a corrigendum.

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