Practice direction

1.1 This practice direction applies to someone who wants to start or continue an appeal at the Social Security Tribunal (SST) on behalf of a deceased person. It applies to all types of appeals at the SST. It applies whether the deceased person is an appellant, a respondent or an added party.

1.2 The person who starts or continues an appeal on behalf of a deceased person is called an “estate representative.” An estate representative can have a legal professional or another person represent them during the appeal.

1.3 There are time limits to file an appeal at the SST. These time limits apply to an estate representative who wants to start an appeal on behalf of a deceased person. ¹

2.1 You can represent the estate of a deceased person at the SST if:

• Service Canada sent their reconsideration decision to you as the estate representative, or
• In employment insurance appeals, the Employment Insurance Board of Appeal sent their appeal decision to you as the estate representative.

2.2 In every other situation, you can represent the estate of a deceased person if you show:

• that the person has died, and
• that you’re authorized to represent the estate.

3.1 To show that the person has died, send us a copy of one of the following documents:

• the death certificate issued by the province, territory, or funeral home
• the court order appointing an administrator, estate trustee, or liquidator

3.2 To show that you have legal authority to represent the estate, send us:

• a completed Solemn declaration form, and
• a copy of one of the following documents:
  • the will naming you as the executor, estate trustee, or liquidator
  • the court order appointing you as the administrator, estate trustee, or liquidator
  • the designation or agreement naming you as the liquidator

3.3 A member of the SST may accept you as the estate representative even if you don’t have one of the documents in section 3.2. They may do this if they’re satisfied that no one else is representing the estate and that you should be allowed to start or continue the appeal on behalf of the deceased person.

3.4 A member of the SST may ask for other supporting documents.

4.1 If the SST learns that a party to an appeal has died, the SST will put the appeal on hold until there’s proof of death and an estate representative. The SST may make efforts to contact the next-of-kin to find out who is authorized to represent the person’s estate.

4.2 If no one comes forward to represent an appellant’s estate within one year of the person’s death, a member of the SST may dismiss the appeal on the basis that the estate is not pursuing the appeal.

4.3 If no one comes forward to represent a respondent’s estate or an added party’s estate, a member of the SST will decide when to move forward with the appeal in the absence of that party. They will decide this based on the circumstances of the case.

5.1 Under section 8(5) of the Social Security Tribunal Rules of Procedure opens a new window (Rules), the SST may decide the procedure for anything not already covered by the Rules or the Social Security Tribunal Regulations, 2022. opens a new window

6.1 This practice direction came into effect on May 7, 2026.