Practice Direction 2017-02: Procedure for requesting and issuing a corrigendum (the correction of an error in a decision)

Date Issued: July 10, 2017

Application

This practice direction applies to:

  1. a party to an appeal before the Appeal Division (AD) Section, requesting a corrigendum of an AD decision;
  2. a member of the AD who receives a request from a party to issue a corrigendum;
  3. a member of the AD who issues a corrigendum on their own initiative; and
  4. 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 an AD decision.

Background

If a party to an appeal thinks there is an error in the AD decision, that party can file an application for judicial review before either the Federal Court of Appeal or the Federal Court, depending on the type of decision being judicially reviewed. 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 judicial review.

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. Requesting a corrigendum

    The Tribunal must receive a request for a corrigendum within 30 days after the day on which the AD decision was communicated to the appellant. The Tribunal will not issue a corrigendum if the request is received after the 30 days. The request must state:
    1. the appeal number;
    2. the perceived error; and
    3. how it should be corrected.
  2. Responding to the request for a corrigendum

    When the Tribunal receives a request for a corrigendum, the Tribunal will either:
    1. issue a corrigendum to the parties; or
    2. 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 AD decision, no further steps will be required. However, if a party believes that the AD corrigendum does not address the error identified in the request, the party may decide to pursue their application for judicial review before either the Federal Court or the Federal Court of Appeal as appropriate.
    2. b. A letter stating that a corrigendum will not be issued is not a new decision. Therefore, parties who wish to file an application for judicial review must do so within the time limit set out under the Federal Courts Act.  
  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 judicial review either at the Federal Court or the Federal Court of appeal within the timelines prescribed.

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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