C-2313853-54Elizabeth II2004-2005An Act respecting the Department of Employment and Social Development and to amend and repeal certain related ActsDepartment of Employment and Social Development ActDepartment of Employment and Social Development20247
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H-5.7342005Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short Title
Short titleThis Act may be cited as the Department of Employment and Social Development Act.2005, c. 34, s. 1; 2013, c. 40, s. 205
Interpretation
DefinitionsThe following definitions apply in this Act.Board of Appeal means the Employment Insurance Board of Appeal established under section 43.01. (Conseil d’appel)Commission means the Canada Employment Insurance Commission continued by section 20. (Commission)Minister means the Minister of Employment and Social Development. (ministre)partner entity meansa department or any other body, other than a parent Crown corporation, referred to in a schedule to the Financial Administration Act;a parent Crown corporation and any wholly-owned subsidiary, as those terms are defined in section 83 of the Financial Administration Act;the government of a province, a public body created under the law of a province, or a municipality;a council, government or other entity authorized to act on behalf of either a band, as defined in subsection 2(1) of the Indian Act, or a First Nation, Aboriginal people or Aboriginal organization that is a party to a land claim agreement or any other treaty, self-government agreement or settlement agreement; anda non-profit corporation or public body performing a function for an entity referred to in any of paragraphs (a) to (d). (entité partenaire)Tribunal means the Social Security Tribunal established under section 44. (Tribunal)2005, c. 34, s. 2; 2012, c. 19, s. 223; 2013, c. 40, s. 206; 2018, c. 12, s. 2682023, c. 26, s. 631
Department of Employment and Social DevelopmentContinuation
Department continuedThe Department of Human Resources and Skills Development is continued under the name of the Department of Employment and Social Development over which the Minister of Employment and Social Development, appointed by commission under the Great Seal, shall preside.Employment and Social Development CanadaThe expressions “Employment and Social Development Canada” and “Emploi et Développement social Canada” in any document issued or executed in relation to the powers, duties and functions conferred on the Minister by this or any other Act are deemed to be references to the “Department of Employment and Social Development” and the “ministère de l’Emploi et du Développement social”, respectively.MinisterThe Minister holds office during pleasure and has the management and direction of the Department.2005, c. 34, s. 3; 2013, c. 40, s. 208
Deputy MinisterThe Governor in Council may appoint an officer called the Deputy Minister of Employment and Social Development to hold office during pleasure and to be the deputy head of the Department.Associate Deputy MinistersThe Governor in Council may appoint one or more Associate Deputy Ministers of Employment and Social Development to hold office during pleasure and each shall have the rank and status of a deputy head of a department and exercise, under the Deputy Minister of Employment and Social Development, the powers and perform the duties and functions as deputies of the Minister and otherwise that the Minister may specify.Deputy Minister of LabourThe Governor in Council may designate the Deputy Minister of Employment and Social Development or one of the Associate Deputy Ministers to be Deputy Minister of Labour.2005, c. 34, s. 4; 2013, c. 40, s. 209
Powers, Duties and Functions of the Minister
Powers, duties and functionsThe Minister’s powers, duties and functions extend to and include all matters relating to human resources and skills development in Canada or the social development of Canada over which Parliament has jurisdiction and which are not by law assigned to any other Minister, department, board or agency of the Government of Canada.Exercise of powersThe Minister shall exercise the powers and perform the duties and functionsrelating to human resources and skills development with a view to improving the standard of living and quality of life of all Canadians by promoting a highly skilled and mobile workforce and an efficient and inclusive labour market; andrelating to social development with a view to promoting social well-being and income security.2005, c. 34, s. 5; 2012, c. 19, s. 687
Service delivery to publicThe Minister may provide support for service delivery to the public and, in so doing, he or she mayprovide the following services and facilities to any partner entity and perform activities related to those services and facilities:services and facilities in support of its delivery of its programs and services, andany other service or facility that is authorized by the Governor in Council;provide the following services to any department or body listed in Schedule I, I.1 or II to the Financial Administration Act and to any other partner entity authorized by the Governor in Council and perform activities related to those services:the administration of websites that are accessible to the public,the administration of social media accounts,the publication of mobile applications on third-party mobile application stores and on the Government of Canada website,online citizen engagement, andany other related electronic or digital service;administer the Government of Canada website; andprovide information services relating to programs and services of the Government of Canada and of any other person, organization or government authorized by the Governor in Council.Authorization — Governor in CouncilThe Minister may provide any service or facility that is described in subsection (1), other than the services described in paragraph (1)(c) or (d), and that is authorized by the Governor in Council to any other person, organization or government that the Governor in Council authorizes.Exercise of powersThe Minister shall, in supporting service delivery to the public, do so with a view to better serving the needs of Canadians.2018, c. 12, s. 269
Fees — services and facilitiesThe Minister may charge for any service or facility provided under subsection 5.1(1), except the services provided under paragraph 5.1(1)(c) or (d).Spending authorityThe Minister may spend revenues obtained under subsection (1).2018, c. 12, s. 269
PowersIn exercising the powers and performing the duties and functions assigned to the Minister under this or any other Act, the Minister maysubject to the Statistics Act, collect, analyze, interpret, publish and distribute information relating to human resources and skills development, social development or service delivery to the public; andcooperate with provincial authorities with a view to coordinating efforts for human resources and skills development, social development, or service delivery to the public.2005, c. 34, s. 6; 2012, c. 19, s. 687; 2018, c. 12, s. 271
ProgramsThe Minister may, in exercising the powers and performing the duties and functions assigned by this Act, establish and implement programs designed to support projects or other activities that contribute to the development of the human resources of Canada and the skills of Canadians, to the social development of Canada or to service delivery to the public, and the Minister may make grants and contributions in support of the programs.2005, c. 34, s. 7; 2012, c. 19, s. 687; 2018, c. 12, s. 272
Business numbers — MinisterThe Minister may collect any business number, as defined in subsection 248(1) of the Income Tax Act, and use it as an identifier for the purposes of the administration or enforcement any Act, program or activity in respect of which the administration or enforcement is the responsibility of the Minister.2005, c. 34, s. 8; 2012, c. 19, s. 687; 2018, c. 12, s. 272
Social Insurance NumbersThe Minister may collect and use a person’s Social Insurance Number to verify their identity for the purposes of the administration or enforcement of any Act, program or activity in respect of which the administration or enforcement is the responsibility of the Minister.2023, c. 26, s. 281
Committees
CommitteesThe Minister may establish advisory and other committees and provide for their membership, duties, functions and operation.RemunerationMembers of a committee shall be paid, in connection with their work for the committee, the remuneration that may be fixed by the Governor in Council.Travel, living and other expensesMembers of a committee are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel, living and other expenses incurred in connection with their work for the committee while absent, in the case of full-time members, from their ordinary place of work or, in the case of part-time members, from their ordinary place of residence.
General Provisions
AgreementsFor the purpose of facilitating the formulation, coordination and implementation of any program or policy relating to the powers, duties and functions conferred by this Act, the Minister may enter into agreements with a province or a provincial public body, financial institutions and other persons or bodies that the Minister considers appropriate.
DelegationThe Minister may authorize the Minister of Labour, the Commission or any other person or body, or member of a class of persons or bodies, to exercise any power or perform any duty or function of the Minister.
Oaths and affidavitsA person or member of a class of persons employed by the Department and authorized by the Deputy Minister and any other person or member of a class of persons authorized by the Minister may, in the course of their duties, administer oaths and take and receive affidavits, declarations and affirmations for the purposes of or incidental to the performance of their duties, and every person so authorized has for those purposes all the powers of a commissioner for administering oaths or taking affidavits.
Fees for services and use of facilitiesThe Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees to be paid for a service or the use of a facility provided by the Minister, the Department, the Commission or any other board or agency of the Government of Canada for which the Minister has responsibility.Amount not to exceed costFees that are fixed under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.
Fees for products, rights and privilegesThe Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees to be paid for products, rights and privileges provided by the Minister, the Department, the Commission or any other board or agency of the Government of Canada for which the Minister has responsibility.
Fees for regulatory processes and approvalsThe Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees to be paid for regulatory processes or approvals provided by the Minister, the Department, the Commission or any other board or agency of the Government of Canada for which the Minister has responsibility.AmountFees that are fixed under subsection (1) may not in the aggregate exceed an amount sufficient to compensate Her Majesty in right of Canada for any reasonable outlays incurred by Her Majesty for providing the regulatory processes or approvals.
PublicationThe Minister shall, within thirty days after the day on which the Minister fixes a fee under any of sections 13 to 15, publish the fee in the Canada Gazette.Reference to Scrutiny CommitteeA fee fixed under any of sections 13 to 15 shall stand referred to the Committee referred to in section 19 of the Statutory Instruments Act to be reviewed and scrutinized as if it were a statutory instrument.
Power to make regulationsThe Treasury Board may make regulations for the purposes of sections 13 to 15.
Minister of Labour
Minister of LabourA Minister of Labour may be appointed by commission under the Great Seal to hold office during pleasure.Powers, duties and functionsThe powers, duties and functions of the Minister of Labour extend to and include all matters relating to labour over which Parliament has jurisdiction and which are not by law assigned to any other department, board or agency of the Government of Canada. They are to be exercised with the objective of promoting safe, healthy, fair, stable, cooperative and productive workplaces.No Minister of Labour appointedIf no Minister of Labour is appointed under subsection (1),the Minister shall exercise the powers and perform the duties and functions of the Minister of Labour; andevery reference to the Minister of Labour in any Act of Parliament or in any order, regulation or other instrument made under an Act of Parliament shall, unless the context otherwise requires, be read as a reference to the Minister.Use of departmental services and facilitiesThe Minister of Labour shall make use of the services and facilities of the Department and may authorize employees of the Department to exercise any power or perform any duty or function of the Minister of Labour.
ProgramsThe Minister of Labour may, in exercising the powers and performing the duties and functions assigned by subsection 18(2), establish and implement programs designed to support projects or other activities that promote safe, healthy, fair, stable, cooperative and productive workplaces, and the Minister may make grants and contributions in support of the programs.
Business numbers — Minister of LabourThe Minister of Labour may collect any business number, as defined in subsection 248(1) of the Income Tax Act, and use it as an identifier for the purposes of the administration or enforcement of any Act, program or activity in respect of which the administration or enforcement is the responsibility of that Minister.2018, c. 12, s. 273
Social Insurance Numbers — Minister of LabourThe Minister of Labour may collect and use a person’s Social Insurance Number to verify their identity for the purposes of the administration or enforcement of any Act, program or activity in respect of which the administration or enforcement is the responsibility of that Minister.2021, c. 23, s. 262
Crediting to Labour Cooperation Treaties AccountAll moneys received by Her Majesty as a result of a monetary assessment by a panel determination under a treaty, or chapter of a treaty, respecting labour cooperation referred to in the schedule shall be paid into the Consolidated Revenue Fund and, if required under the treaty, credited to a special account in the accounts of Canada to be known as the Labour Cooperation Treaties Account.Additional credits to AccountIf an amount is assessed against Canada by a panel determination under a treaty, or chapter of a treaty, respecting labour cooperation referred to in the schedule, an amount equal to that amount shall be credited to the Account if the Account has been designated for the purposes of the treaty in accordance with its provisions.InterestOn April 1 of every year there shall be credited to the Account an amount representing interest, at the rate fixed for the purposes of subsection 21(2) of the Financial Administration Act, on the balance to the credit of the Account.Payment of moneysOne or more amounts not exceeding in total the amount standing in the Account in relation to a treaty, including interest, may, on the requisition of the Minister of Labour, be paid out of the Consolidated Revenue Fund in accordance with the provisions of the treaty. The amount of all such payments is to be charged to the Account.2009, c. 16, s. 50; 2014, c. 14, ss. 49, 51, c. 28, s. 57
Canada Employment Insurance CommissionContinuation of the Commission
CommissionThe Canada Employment Insurance Commission is continued. It consists of four commissioners.CommissionersThe four commissioners shall bethe Deputy Minister of Employment and Social Development, who shall be the Chairperson of the Commission;an Associate Deputy Minister of Employment and Social Development, who shall be the Vice-Chairperson of the Commission;a person appointed by the Governor in Council after consultation with organizations representative of workers; anda person appointed by the Governor in Council after consultation with organizations representative of employers.Employment Insurance CanadaThe expressions “Employment Insurance Canada” and “Assurance-emploi Canada” in any document issued or executed in relation to the matters set out in section 24 are deemed to be references to the “Canada Employment Insurance Commission” and the “Commission de l’assurance-emploi du Canada”, respectively.2005, c. 34, s. 20; 2010, c. 12, s. 1723; 2013, c. 40, s. 210
Tenure, remuneration and conditions of officeCommissioners, other than the Chairperson and Vice-Chairperson,shall be appointed by the Governor in Council to hold office during good behaviour for a term not exceeding five years but may be removed by the Governor in Council at any time for cause;are eligible for reappointment on the expiration of each term of office;shall receive the remuneration that is fixed by the Governor in Council;are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made pursuant to section 9 of the Aeronautics Act; andshall devote the whole of their time to the performance of the duties and functions of the office of commissioner and shall not accept or hold any office or employment or carry on any activity inconsistent with their duties and functions.Tenure, remuneration and conditions of office — actingIn the event of the absence or incapacity of a commissioner other than the Chairperson or Vice-Chairperson or if the office is vacant, the Governor in Council may designate a person to act as a commissioner for the period of the absence, incapacity or vacancy and the person so designated has and may exercise all the powers and perform all the duties and functions of a commissioner, unless the Governor in Council specifies otherwise.2005, c. 34, ss. 21, 82(E)
ChairpersonThe Chairperson of the Commission is the chief executive officer of the Commission. The Chairperson supervises the work of the Commission and presides at its meetings.Vice-ChairpersonThe Vice-Chairperson of the Commission exercises the powers and performs the duties and functions under the Chairperson that the Chairperson may specify.Acting ChairpersonIn the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-Chairperson has and may exercise all the powers and perform all the duties and functions of the Chairperson.Acting Vice-ChairpersonIn the event of the absence or incapacity of the Vice-Chairperson, if the office of Vice-Chairperson is vacant or if the Vice-Chairperson is acting as Chairperson pursuant to subsection (3), the Governor in Council may designate a person to act as Vice-Chairperson for the period of the absence, incapacity or vacancy or the period during which the Vice-Chairperson is acting as Chairperson, and the person so designated has and may exercise all the powers and perform all the duties and functions of the Vice-Chairperson, unless the Governor in Council specifies otherwise.
VotingThe Vice-Chairperson may not vote at any meeting of the Commission unless the Vice-Chairperson is acting for or on behalf of the Chairperson.
Powers, Duties and Functions of the Commission
Powers, duties and functions of the CommissionThe Commission shall exercise the powers and perform the duties and functionsthat are required by the Minister or by or pursuant to an Act of Parliament in relation to employment insurance, employment services and the development and utilization of labour market resources; andthat are required by order of the Governor in Council or by or pursuant to an Act of Parliament in relation to other matters.Agreements with other countriesWith the approval by order of the Governor in Council, the Commission may, notwithstanding any other Act of Parliament, enter into agreements with the governments of other countries to establish reciprocal arrangements relating to any matter set out in subsection (1).Directions to CommissionThe Commission shall comply with any directions given to it from time to time by the Minister respecting the exercise of its powers or the performance of its duties and functions.
Business numbers — CommissionThe Commission may collect any business number, as defined in subsection 248(1) of the Income Tax Act, and use it as an identifier for the purposes of the administration or enforcement of the Employment Insurance Act.2018, c. 12, s. 274
RulesThe Commission may make rules respecting the calling of meetings of the Commission and generally respecting the conduct of its business.Minutes of meetingsMinutes shall be recorded of all formal meetings of the Commission.
Agent of Her MajestyThe Commission is a body corporate and is for all purposes an agent of Her Majesty in right of Canada and it may exercise its powers only as an agent of Her Majesty in that right.ContractsThe Commission may, on behalf of Her Majesty in right of Canada, enter into contracts in the name of Her Majesty or in the name of the Commission.
Organization and Operation of the Commission
Head officeThe head office of the Commission shall be in the National Capital Region as described in the schedule to the National Capital Act or at any other place in Canada that may be designated by order of the Governor in Council.ResidenceThe Chairperson and Vice-Chairperson shall reside in the National Capital Region or at the place designated by the Governor in Council under subsection (1), or within reasonable commuting distance of that region or place.2005, c. 34, s. 27; 2011, c. 24, s. 189
StaffThe officers and employees necessary for the proper conduct of the business of the Commission shall be employees of the Department.[Repealed, 2008, c. 28, s. 132]AgentsThe Commission may enter into contracts with agents in or for locations where the Commission considers it desirable to do so.DelegationThe Commission may authorize any person or body, or member of a class of persons or bodies, to exercise powers or perform duties and functions of or delegated to the Commission, and any such authorized person or body or class of persons or bodies may exercise specified powers or perform specified duties and functions.Actuary — Employment Insurance ActThe Commission shall engage the services of a Fellow of the Canadian Institute of Actuaries who is an employee of the Office of the Superintendent of Financial Institutions to perform the duties under section 66.3 of the Employment Insurance Act.2005, c. 30, s. 129, c. 34, s. 28; 2008, c. 28, s. 132; 2012, c. 31, s. 441
Social Insurance Number
RegistrationAny person who is employed in insurable employment as defined in the Employment Insurance Act or who is a self-employed person in respect of whom Part VII.1 of that Act applies must be registered with the Commission.RegisterThe Commission shall maintain a register containing the names of the persons referred to in subsection (1) and any other information that it determines is necessary to accurately identify them.Social Insurance NumberThe Commission shall assign to each person registered with it a number that is suitable for use as a file number or account number or for data processing purposes, and that number is the person’s Social Insurance Number for any purpose for which a Social Insurance Number is required.Social Insurance Number cardThe Commission may issue to each person registered with it a card containing the person’s name and Social Insurance Number.2005, c. 30, s. 129; 2008, c. 28, s. 133; 2012, c. 19, s. 304
Social Insurance RegisterThe Commission may maintain a Social Insurance Register containingthe names of persons registered in the registry referred to in section 28.1;the names of persons to whom a Social Insurance Number has been assigned under the Canada Pension Plan; andthe names of persons for whom an application has been made to the Commission for a Social Insurance Number.Additional informationThe Social Insurance Register may, subject to any regulations that the Governor in Council may make in that regard, contain any other information in addition to the names and Social Insurance Numbers of persons that is necessary to accurately identify all persons who are registered.Issuing number and cardWhen a Social Insurance Number is assigned to a person by the Commission in the course of maintaining the registers mentioned in this section and section 28.1, the Commission may issue a Social Insurance Number card to that person and that number is the person’s Social Insurance Number for all purposes for which a Social Insurance Number is required.RegulationsThe Commission may, with the approval of the Governor in Council, make regulations respectingthe registration of persons under this section and section 28.1, including applications for that registration;the assignment and use of Social Insurance Numbers;the issuance, custody, production and use of Social Insurance Number cards;periods of validity, and the extension of those periods, of Social Insurance Numbers and Social Insurance Number cards; andthe replacement of Social Insurance Number cards that have been lost, destroyed or defaced.Availability of information — social insurance registersThe Commission may make available any information contained in the registers maintained under this section and section 28.1 that the Commission considers necessary for the accurate identification of persons and for the effective use by those persons of Social Insurance Numbers to any persons that the Commission thinks appropriate to accomplish that purpose.Secondary release of informationInformation obtained under subsection (5) shall not be made available to a person or body unless the Commission considers it advisable, the information is made available for the same purpose and it is subject to conditions agreed on by the Commission and the person who obtained the information.Agreements still in forceSubsection (6) does not apply to information made available in accordance with an agreement entered into by the Commission before the coming into force of this section.New Social Insurance NumberA person who has been assigned a Social Insurance Number may subsequently be assigned a new Social Insurance Number, in accordance with and subject to any regulations that the Commission may make, ifthe number first assigned has been assigned to another person;wrongful use by another person of the number first assigned has created a situation in which the person to whom the number was first assigned is or may be caused embarrassment or hardship; orthere are other special or unusual circumstances that would make the issuance of a new number desirable.VoidingWhen a new Social Insurance Number is assigned to a person, any number previously assigned to that person becomes void.More than one number assignedIf a person has inadvertently been assigned more than one Social Insurance Number, the Commission shall determine which number is the official number and shall void the others.2012, c. 19, s. 304
Change of nameWhen the name of a person to whom a Social Insurance Number has been assigned changes because of marriage or otherwise, the person shall inform the Commission of their new name within 60 days after the day on which the change of name becomes effective, unless they have already so informed another authority empowered to receive that information.2012, c. 19, s. 304
ProhibitionsNo personshall, knowing that they already have a Social Insurance Number, make an application to be again assigned a Social Insurance Number, whether the person gives information that is the same as or different from that contained in their previous application on which the Social Insurance Number had been assigned;shall, with intent to defraud or deceive any person, present, loan or use a Social Insurance Number or Social Insurance Number card;shall, without the authority of the Commission, manufacture a Social Insurance Number card or a substantially similar card, or duplicate a Social Insurance Number card, except by making a paper photocopy for record purposes only; orshall, without the authority of the Commission, sell a Social Insurance Number, a Social Insurance Number card or a substantially similar card.Offence and punishmentEvery person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine of not more than $1,000 or to imprisonment for a term of not more than one year, or to both.2012, c. 19, s. 304
Designation of investigatorsThe Minister or the Commission may designate as an investigator for the purpose of enforcing section 28.4 any person, or class of persons, that the Minister or the Commission considers qualified.Territorial jurisdictionAn information or complaint about an offence under this Part may be heard, tried or determined by any provincial court judge, as defined in section 2 of the Criminal Code, if the accused is resident, carrying on business, found, apprehended or in custody in the judge’s territorial jurisdiction regardless of whether or not the matter of the information or complaint arose in that jurisdiction.Limitation periodProceedings in respect of an offence under this Part may be commenced at any time within, but not later than, five years after the day on which the subject matter of the proceedings arose.2018, c. 12, s. 275
Audit
Audit by Auditor GeneralThe Auditor General of Canada shall annually audit the accounts and financial transactions of the Commission for the previous fiscal year. The Auditor General shall also audit the Employment Insurance Operating Account established by section 70.2 of the Employment Insurance Act, and a report of that audit shall be made to the Minister.2005, c. 34, s. 29; 2010, c. 12, s. 2201
Protection of Personal Information
DefinitionsThe following definitions apply in this Part.administration, in respect of programs, includes development, operation and evaluation. (mise en oeuvre)federal institution means a department or any other body referred to in a schedule to the Financial Administration Act. (institution fédérale)information means personal information as defined in section 3 of the Privacy Act, except that the portion of that definition between paragraphs (i) and (j) shall be read as “but, for the purposes of this Part, does not include”. (renseignements)program, except in subsection (2), means any program the administration or enforcement of which is the responsibility of the Minister or the Commission and includes any legislation, policy or activity the administration or enforcement of which is their responsibility. (programme)public officer means an officer or employee of a federal institution, a prescribed individual or a member of a prescribed class of individuals. (fonctionnaire public)service delivery program means a program for the provision of a service or facility referred to in subparagraph 5.1(1)(a)(i), including the performance of its related activities. (programme de prestation de services)InterpretationFor the purposes of this Part, a reference to the Minister includes the Minister of Labour in respect of any program, legislation, policy or activity the administration or enforcement of which is the responsibility of the Minister of Labour.[Repealed, 2012, c. 19, s. 282]2005, c. 34, s. 30; 2012, c. 19, s. 282; 2018, c. 12, s. 276
PurposeThis Part sets out the rules that apply to the protection and the making available of information that is obtained by the Minister or the Commission under a program or prepared from that information. This Part also sets out principles for the use of information for research purposes.
Protection of informationInformation is privileged and shall not be made available unlessit is authorized under subsection 28.2(5) or by this Part, or by an agreement under section 105 or paragraph 107(1)(a) of the Canada Pension Plan or paragraph 40(1)(a) of the Old Age Security Act; orit may be made available under any of paragraphs 33.1(a) to (c) of the Old Age Security Act.2005, c. 34, s. 32; 2012, c. 19, s. 283
Availability of information — individuals and representativesIn addition to an individual’s right of access under section 12 of the Privacy Act, and subject to the exemptions and exclusions provided in that Act, information may be made available to the individual or their representative on their request in writing to the Minister.Availability of information — individuals, representatives and members of ParliamentOn the conditions that the Minister considers advisable, and subject to the exemptions and exclusions provided in the Privacy Act, if the information is relevant to the making of an application or the receipt of a benefit or other assistance by the individual under a program, to a division of unadjusted pensionable earnings or an assignment of a retirement pension that affects the individual or to any other matter that affects the individual under a program, it may be made available tothe individual;the individual’s representative; ora member of Parliament who is inquiring on behalf of the individual.2005, c. 34, s. 33; 2012, c. 19, s. 283
Availability of information for a programInformation may be made available to any person or body for the administration or enforcement of the program for which it was obtained or prepared.Availability of information within the DepartmentInformation may be made available to the Commission or a public officer of the Department for the administration or enforcement of a program.
Service delivery programsInformation may be made available to any person or body for the administration of the service delivery program under which that information was obtained or prepared.Co-administered programsInformation obtained or prepared under a program the administration or enforcement of which is the responsibility, under an Act of Parliament, of the Minister and one or more partner entities may be made available to that entity or those entities for the administration or enforcement of that program.Other programsInformation obtained or prepared under a program, other than a service delivery program, that is related to the provision of a service or facility referred to in subsection 5.1(1) may be made available to any person or body for the administration or enforcement of the program under which it was obtained or prepared.ApplicationFor greater certainty, this section applies to information obtained or prepared before the day on which this subsection comes into force.2018, c. 12, s. 277
Non-application — information made availableSections 32 to 34 and 35 to 42 do not apply in respect of information that is made available under section 34.1.Non application — information obtainedSections 33, 34, 35 to 36.2, 40 and 41 do not apply in respect of information obtained under a service delivery program.2018, c. 12, s. 277
Availability of information — federal institutionsInformation may be made available to a minister or a public officer of a prescribed federal institution for the administration or enforcement of a prescribed federal or provincial law or activity if the Minister considers it advisable and the information is made available subject to conditions that are agreed on by the Minister and the federal institution.Secondary release of informationInformation obtained under subsection (1) shall not be made available to any other person or body unless the Minister considers it advisable, the information is made available for the same purpose and it is subject to conditions that are agreed on by the Minister and the federal institution.2005, c. 34, s. 35; 2012, c. 19, s. 284
Availability of information — provincial authoritiesInformation may be made available to the government of a province, or to a public body created under the law of a province, for the administration or enforcement of a federal law or activity or of a provincial law or prescribed provincial activity, if the Minister considers it advisable and the information is made available subject to conditions that are agreed on by the Minister and the government or body.Availability of information to foreign states and bodiesInformation may be made available to the government of a foreign state, an international organization of states or an international organization established by the governments of states, or any institution of any such government or organization, for the administration or enforcement of a law if the Minister considers it advisable and the information is made available subject to conditions agreed upon by the Minister and the government, organization or institution.Secondary release of informationInformation obtained under this section by a government, public body, organization or institution shall not be made available to any other person or body unless the Minister considers it advisable, the information is made available for the same purpose and it is subject to conditions agreed upon by the Minister and the government, public body, organization or institution.2005, c. 34, s. 36; 2012, c. 19, s. 285
Information relative to Social Insurance NumbersDespite any other Act or law, the minister or other authority charged with the administration or enforcement of an Act under which Social Insurance Numbers may be assigned and the Minister may exchange the information contained in any applications for such numbers and the numbers so assigned, and may make available any of that information or those numbers in any manner that may be authorized by that Act.2012, c. 19, s. 286
Availability of information — certain persons or bodiesIf the Minister considers it advisable, information may, for the purpose of the administration or enforcement of a federal law or activity or of a provincial law or prescribed provincial activity, be made available to any person or body — other than one to whom it could be made available under subsection 28.2(5) or any of sections 34 to 36.1 — on the conditions set out in an agreement between the Minister and the person or body.Secondary release of informationInformation obtained under subsection (1) shall not be made available to any other person or body unless the Minister considers it advisable, the information is made available for the same purpose and it is subject to conditions that are agreed on by the Minister and the person or body that obtained the information.2012, c. 19, s. 286
Public interestDespite sections 33 to 36.2, information may be made available if the Minister is of the opinion that the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure or that disclosure would clearly benefit the individual to whom the information relates.Notice of disclosureThe Minister shall, prior to the disclosure, notify the Privacy Commissioner appointed under section 53 of the Privacy Act and any affected partner entity in writing of any disclosure of information under subsection (1) if it is reasonably practicable or in any other case without delay after the disclosure. The Privacy Commissioner may, if he or she considers it appropriate, notify the individual to whom the information relates of the disclosure.2005, c. 34, s. 37; 2012, c. 19, s. 287; 2018, c. 12, s. 278
Research or statistical purposesInformation may be made available for research or statistical purposes to any person or body, including a person or body referred to in section 35, 36 or 36.2 of this Act or in section 105 of the Canada Pension Plan, ifthe Minister is of the opinion that the research or statistical purposes are consistent with the principles set out in paragraphs 39(1)(a) to (e);the Minister is of the opinion that the purpose for which the information is made available cannot reasonably be accomplished unless the information is provided in a form that may identify the individual to whom it relates; andthe information is made available subject to conditions set out in an agreement between the Minister and the person or body, and the person or body undertakes in the agreement not to subsequently disclose the information in a form that could reasonably be expected to identify the individual to whom it relates.2005, c. 34, s. 38; 2012, c. 19, s. 288
Use of information for research purposesThe use of information by the Minister and by public officers of the Department for policy analysis, research or evaluation purposes shall be guided by the following principles:the object of the policy analysis, research or evaluation is consistent with the powers, duties and functions of the Minister;the use of the information is consistent with any agreement under which the information was obtained;the results of the policy analysis, research or evaluation will be made available only in accordance with the provisions of this Part, section 105 of the Canada Pension Plan, and any agreements under which the information was obtained;the policy analysis, research or evaluation would be difficult or impossible if the information were not used; andthe policy analysis, research or evaluation is in the public interest.UseUnless authorized by the Minister, a public officer shall not use information for the purpose of policy analysis, research or evaluation if the information would allow an individual to be identified.RestrictionInformation that is used for policy analysis, research or evaluation purposes shall not be used for any administrative purpose as defined in section 3 of the Privacy Act.2005, c. 34, s. 39; 2012, c. 19, s. 289
Evidence and production of documentsDespite any other Act or law, the Minister, the members of the Commission and public officers shall not be required, in connection with any legal proceedings, to give evidence relating to information that is privileged under section 32 or to produce a statement or other writing that contains any such privileged information unless the Minister considers that it is appropriate to do so or the legal proceeding directly concerns the administration or enforcement of a program.
Agreements authorizing the obtaining of informationThe Minister may enter into agreements to obtain information for the administration or enforcement of a program with federal institutions, governments of provinces or public bodies created under provincial law, governments of foreign states, international organizations of states or international organizations established by the governments of states, any institution of any such government or organization, and other persons or bodies.
OffenceEvery person or body commits an offence if they knowingly make available information that is privileged under this Part, or knowingly use or allow such information to be used, otherwise than in accordance with this Part or subsection 28.2(5) or (6), or a condition or agreement referred toin subsection 33(2) or any of sections 35, 36, 36.2 and 38 of this Act;in section 104.1 or 105 of the Canada Pension Plan; orin section 39 of the Old Age Security Act.Punishment — individualsAn individual who is guilty of an offence under subsection (1) is liable on summary conviction to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.Punishment — othersA body or a person, other than an individual, who is guilty of an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000.2005, c. 34, s. 42; 2012, c. 19, s. 290
RegulationsThe Governor in Council may, by regulation, prescribeindividuals or classes of individuals for the purpose of the definition public officer in subsection 30(1);federal institutions, for the purposes of subsection 35(1), to which the information referred to in that subsection may be made available, and the federal or provincial laws or activities for whose administration or enforcement the information may be made available; andprovincial activities, for the purposes of subsections 36(1) and 36.2(1), in respect of which the information referred to in those subsections may be made available.2005, c. 34, s. 43; 2012, c. 19, s. 291
Board of Appeal and Social Security TribunalBoard of AppealEstablishment and Administration
Establishment of Board of AppealThe Employment Insurance Board of Appeal is established.2023, c. 26, s. 633
Appointment — Executive HeadThe Executive Head of the Board of Appeal is to be appointed by the Governor in Council, on the recommendation of the Minister after consultation by the Minister with the Commission, to hold office during pleasure on a full-time basis for a renewable term of not more than five years.Appointment — regional coordinatorsOn the recommendation of the Minister after consultation by the Minister with the Commission, the Governor in Council may appoint not more than six regional coordinators to hold office during pleasure on a full-time or part-time basis for a renewable term of not more than five years that will ensure, to the extent possible, the end in any one year of the terms of office of not more than one half of the regional coordinators.DiversityRecommendations under subsection (2) are to be made having regard to the importance of having regional coordinators who are representative of the diversity of Canadian society.2023, c. 26, s. 633
CompositionThe Board of Appeal consists of the Executive Head, the regional coordinators and the following members:members to be appointed by the Governor in Council, on the recommendation of the Minister after consultation by the Minister with the Commission, to hold office during pleasure on a part-time basis for a renewable term of not more than five years;members to be appointed by the Commission to hold office during pleasure on a part-time basis for a renewable term of not more than five years, each of whom must be an employer, within the meaning of subsection 2(1) of the Employment Insurance Act, or, at the time of the appointment, a representative of such employers; andmembers to be appointed by the Commission to hold office during pleasure on a part-time basis for a renewable term of not more than five years, each of whom must be an insured person, within the meaning of subsection 2(1) of the Employment Insurance Act, or, at the time of the appointment, a representative of such insured persons.Terms of membersMembers are to be appointed for terms that will ensure, to the extent possible, the end in any one year of the terms of office of not more than one half of the members appointed under each of paragraphs (1)(a) to (c).Equal numberTo the extent possible, an equal number of members is to be appointed under each of paragraphs (1)(a) to (c).Regional representation and diversityRecommendations under paragraph (1)(a) and appointments under paragraphs (1)(b) and (c) are to be made having regard to the importance of regional representation in the membership of the Board of Appeal as well as the importance of having members who are representative of the diversity of Canadian society.Completion of ongoing mattersA person who ceases to be a member for any reason other than removal may, at the request of the Executive Head, within 12 weeks after ceasing to be a member, carry out and complete any duties and functions that they would otherwise have had in connection with any matter that came before the Board of Appeal while they were still a member and in respect of which there was any proceeding in which they participated as a member. For that purpose, the person is deemed to be a member.2023, c. 26, s. 633
Executive HeadThe Executive Head has supervision over and direction of the day-to-day work of the Board of Appeal. In particular, the Executive Head is responsible for the management of the regional coordinators and the members of the Board of Appeal, including providing them with training and guidance with respect to their duties and functions and evaluating their performance.Report on overall performanceThe Executive Head is to report regularly to the Commission on the overall performance of the Board of Appeal.Regional coordinatorsRegional coordinators assist the Executive Head and perform any duties and functions that the Executive Head may assign.Delegation — regional coordinatorsThe Executive Head may delegate to any regional coordinator any of the Executive Head’s powers, duties or functions, except the power to delegate under this subsection, the duty to report under subsection (2), the duty to select members under subsection 43.05(1) and the duty to select a regional coordinator under subsection 43.05(2).Members assigned to regionThe Executive Head is to assign each member of the Board of Appeal to a particular region to hear appeals in that region, taking into account the member’s ordinary place of residence. However, a member may be selected to hear appeals in other regions for operational reasons.Absence — Executive HeadIn the event of the absence or incapacity of the Executive Head or a vacancy in that office, the Chairperson of the Commission may authorize a person to act as Executive Head, on any terms and conditions that the Chairperson may specify, but no person so authorized has authority to act for a term of more than 90 days without the Governor in Council’s approval given on the recommendation of the Minister after consultation by the Minister with the Commission.2023, c. 26, s. 633
Board of Appeal hearings — three-member panelsAn appeal to the Board of Appeal is to be heard before a panel of three members selected by the Executive Head. One member, who is to be the presiding member of the panel, is to be selected from among the members referred to in paragraph 43.03(1)(a), one member is to be selected from among the members referred to in paragraph 43.03(1)(b) and one member is to be selected from among the members referred to in paragraph 43.03(1)(c).Determination of regional coordinatorThe Executive Head is to select a regional coordinator todetermine if an extension of time to bring an appeal to the Board of Appeal should be granted;determine if an appeal before the Board of Appeal has been abandoned; orhear an application to reopen an appeal that has been determined to be abandoned.Delegation — employees of DepartmentThe Executive Head may delegate to any employees of the Department, referred to in section 43.08, the duty to select members under subsection (1) and the duty to select a regional coordinator under subsection (2).2023, c. 26, s. 633
RemunerationThe Executive Head, the regional coordinators and the members of the Board of Appeal are to be paid the remuneration fixed by the Governor in Council.Expenses — Executive HeadThe Executive Head is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred by the Executive Head while absent from the Executive Head’s ordinary place of work in the course of performing the Executive Head’s duties and functions.Expenses — full-time regional coordinatorsEach full-time regional coordinator is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred by them while absent from their ordinary place of work in the course of performing their duties and functions as a regional coordinator.Expenses — part-time regional coordinators and membersEach part-time regional coordinator and each member of the Board of Appeal is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred by them while absent from their ordinary place of residence in the course of performing their duties and functions as a regional coordinator or a member of the Board of Appeal, as the case may be.2023, c. 26, s. 633
Public Service Superannuation ActThe Executive Head and the full-time regional coordinators are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.Other benefitsThe Executive Head, the regional coordinators and the members of the Board of Appeal are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act.2023, c. 26, s. 633
Employees, services and facilitiesThe Minister is responsible for providing the Board of Appeal with the employees of the Department, the support services and the facilities that are needed by the Board of Appeal to exercise its powers and perform its duties and functions.2023, c. 26, s. 633
ImmunityNo civil proceedings lie against the Executive Head, any regional coordinator or any member of the Board of Appeal for anything done or said in good faith in the exercise or purported exercise of a power or in the performance or purported performance of a duty or function of the Board of Appeal.2023, c. 26, s. 633
Competence and compellabilityThe Executive Head, the regional coordinators and the members of the Board of Appeal are not competent or compellable to appear as a witness in any civil proceedings in respect of any matter coming to their knowledge in the course of the exercise of a power or in the performance of a duty or function of the Board of Appeal.2023, c. 26, s. 633
Social Security TribunalEstablishment and Administration
Establishment of TribunalThere is established a tribunal to be known as the Social Security Tribunal, consisting of a General Division and an Appeal Division.General DivisionThe General Division consists of the Income Security Section and the Employment Insurance Section.2005, c. 34, ss. 44, 83; 2012, c. 19, s. 224
CompositionThe Tribunal consists of full-time and part-time members to be appointed by the Governor in Council.Chairperson and Vice-chairpersonsThe Governor in Council designates one of the full-time members to hold office as the Chairperson and three full-time members to hold office as Vice-chairpersons, one of whom is responsible for the Appeal Division, one of whom is responsible for the Income Security Section and one of whom is responsible for the Employment Insurance Section.[Repealed, 2014, c. 39, s. 252]MandateEach full-time member of the Tribunal is to be appointed for a term of not more than five years, and each part-time member is to be appointed for a term of not more than two years. A member may be reappointed for one or more additional terms.TenureEach member of the Tribunal holds office during good behaviour and may be removed for cause by the Governor in Council at any time.Completion of ongoing mattersAn individual who ceases to be a member for any reason other than removal may, at the request of the Chairperson, within 12 weeks after ceasing to be a member, carry out and complete any duties and functions that they would otherwise have had in connection with any matter that came before the Tribunal while they were still a member and in respect of which there was any proceeding in which they participated as a member. For that purpose, the person is deemed to be a part-time member.2005, c. 34, ss. 45, 83; 2012, c. 19, s. 224; 2014, c. 39, s. 2522021, c. 23, s. 220
ChairpersonThe Chairpersonmust take any action that is necessary to ensure that the members of the Tribunal carry out their duties and functions efficiently and without undue delay;may issue guidelines in writing to members of the Tribunal and identify decisions of the Tribunal as jurisprudential guides, to assist members in carrying out their duties; andmay designate, from among the full-time members of the Tribunal, coordinating members to assist the Vice-chairpersons.RulesThe Chairperson may, with the approval of the Minister, make rules respecting the procedure to be followed on applications made or appeals brought to the Tribunal.Statutory Instruments ActGuidelines issued by the Chairperson under paragraph (1)(b) are not statutory instruments for the purposes of the Statutory Instruments Act.2021, c. 23, s. 221
Vice-chairpersonsEach Vice-chairperson exercises any powers and performs any duties and functions that the Chairperson may assign.MembersEach member exercises any powers and performs any duties and functions that the Vice-chairperson who is responsible for the Division or Section for which they hear matters may assign.AssignmentSubject to section 47, the Chairperson may assign members to hear matters in the Appeal Division, the Income Security Section or the Employment Insurance Section.2005, c. 34, ss. 46, 83; 2012, c. 19, s. 224
Employment Insurance SectionThe Minister must consult a committee composed of the Chairperson of the Tribunal and the commissioners referred to in paragraphs 20(2)(c) and (d) before recommending to the Governor in Council any person to be appointed as a member of the Tribunal who may hear matters in the Employment Insurance Section.2005, c. 34, ss. 47, 83; 2012, c. 19, s. 224
Full-time occupationEach full-time member of the Tribunal must devote the whole of their time to the performance of their duties under this Act.Part-time membersA part-time member of the Tribunal must not accept or hold any office or employment inconsistent with their duties under this Act.2005, c. 34, ss. 48, 83; 2012, c. 19, s. 224
RemunerationEach member of the Tribunal is paid the remuneration fixed by the Governor in Council.Expenses — full-time membersEach full-time member of the Tribunal is entitled to be paid reasonable travel and living expenses incurred by them while absent from their ordinary place of work in the course of performing their duties under this Act.Expenses — part-time membersEach part-time member of the Tribunal is entitled to be paid reasonable travel and living expenses incurred by them while absent from their ordinary place of residence in the course of performing their duties under this Act.Federal public administrationMembers of the Tribunal are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.Not employed in public serviceUnless the Governor in Council otherwise orders in a class of cases, members of the Tribunal are deemed not to be employed in the public service for the purposes of the Public Service Superannuation Act.2005, c. 34, s. 49; 2012, c. 19, s. 224
ImmunityNo civil proceedings lie against any member of the Tribunal for anything done or said in good faith in the exercise or purported exercise of a power or in the performance or purported performance of a duty or function of the Tribunal.2005, c. 34, s. 50; 2012, c. 19, s. 224
Competence and compellabilityA member of the Tribunal is not competent or compellable to appear as a witness in any civil proceedings in respect of any matter coming to their knowledge in the course of the exercise of a power or in the performance of a duty or function of the Tribunal.2021, c. 23, s. 222
Absence — ChairpersonIn the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-chairperson of the Appeal Division acts as Chairperson and may exercise all the powers and perform all the duties and functions of the Chairperson.Absence — otherIf subsection (1) does not apply owing to the absence or incapacity of the Vice-chairperson of the Appeal Division, or if the office of Vice-chairperson of the Appeal Division is vacant, the Minister may authorize another Vice-chairperson to act as Chairperson and that Vice-chairperson may exercise all the powers and perform all the duties and functions of the Chairperson.Absence — Vice-chairpersonIn the event of the absence or incapacity of a Vice-chairperson or if the office of a Vice-chairperson is vacant, the Chairperson may authorize a member to act, on any terms and conditions that the Chairperson may specify, as Vice-chairperson for the time being.2005, c. 34, ss. 51, 82(E); 2012, c. 19, s. 224
Appeal to Tribunal — General Division
Appeal — time limitAn appeal of a decision must be brought to the General Division in the prescribed form and manner and within,in the case of a decision made under the Employment Insurance Act, 30 days after the day on which it is communicated to the appellant; andin any other case, 90 days after the day on which the decision is communicated to the appellant.ExtensionThe General Division may allow further time within which an appeal may be brought, but in no case may an appeal be brought more than one year after the day on which the decision is communicated to the appellant.2005, c. 34, ss. 52, 82(E); 2012, c. 19, s. 2242021, c. 23, s. 223(F)
[Repealed, 2021, c. 23, s. 224]
DecisionThe General Division may dismiss the appeal or confirm, rescind or vary a decision of the Minister or the Commission in whole or in part or give the decision that the Minister or the Commission should have given.ReasonsThe General Division may give a decision orally or in writing and must give reasons. Copies of the decision and reasons, written or, in the case of an oral decision and reasons, reduced to writing, must be sent to the appellant and the Minister or the Commission, as the case may be, and any other party.2005, c. 34, s. 54; 2012, c. 19, s. 2242021, c. 23, s. 225
Appeal Division
AppealAny decision of the General Division may be appealed to the Appeal Division by any person who is the subject of the decision and any other prescribed person.2005, c. 34, s. 55; 2012, c. 19, s. 224
LeaveAn appeal to the Appeal Division may only be brought if leave to appeal is granted.[Repealed, 2021, c. 23, s. 226]2005, c. 34, s. 56; 2012, c. 19, s. 2242021, c. 23, s. 226
Appeal — time limitAn application for leave to appeal must be made to the Appeal Division in the prescribed form and manner and withinin the case of a decision made by the Employment Insurance Section, 30 days after the day on which the decision and reasons are communicated in writing to the appellant; andin the case of a decision made by the Income Security Section, 90 days after the day on which the decision and reasons are communicated in writing to the appellant.ExtensionThe Appeal Division may allow further time within which an application for leave to appeal is to be made, but in no case may an application be made more than one year after the day on which the decision and reasons are communicated in writing to the appellant.2005, c. 34, s. 57; 2012, c. 19, s. 2242021, c. 23, s. 227
Grounds of appeal — Employment Insurance SectionThe only grounds of appeal of a decision made by the Employment Insurance Section are that the Sectionfailed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;erred in law in making its decision, whether or not the error appears on the face of the record; orbased its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it.CriteriaLeave to appeal is refused if the Appeal Division is satisfied that the appeal has no reasonable chance of success.[Repealed, 2021, c. 23, s. 228][Repealed, 2021, c. 23, s. 228][Repealed, 2021, c. 23, s. 228]2005, c. 34, s. 58; 2012, c. 19, s. 2242021, c. 23, s. 228
Leave to appeal — Income Security SectionLeave to appeal a decision made by the Income Security Section is to be granted if the application for leave to appealraises an arguable case that the Section failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;raises an arguable case that the Section erred in law, in fact or in mixed law and fact, in making its decision; orsets out evidence that was not presented to the Section.2021, c. 23, s. 229
Decision — leave to appealThe Appeal Division must either grant or refuse leave to appeal a decision made by the General Division.Leave refusedIf the Appeal Division refuses leave, it must give its decision in writing, with reasons, and send copies of the decision and reasons to the appellant and any other party.Leave grantedIf the Appeal Division grants leave, it must give its decision in writing and send copies of the decision to the appellant and any other party. At the request of the appellant or any other party made within 10 days after the day on which the decision is communicated to the appellant or other party, as the case may be, the Appeal Division must send written reasons for its decision to the appellant and any other party.Judicial reviewThe period within which to apply for judicial review with respect to a decision of the Appeal Division to grant leave is calculated from the day on which the decision is communicated to the appellant or other party, as the case may be, or the day on which the reasons are communicated to the appellant or other party, as the case may be, whichever is later.Notice of appealIf leave to appeal is granted, the application for leave to appeal becomes the notice of appeal and is deemed to have been filed on the day on which the application for leave to appeal was filed.2021, c. 23, s. 229
Hearing de novo — Income Security SectionAn appeal to the Appeal Division of a decision made by the Income Security Section is to be heard and determined as a new proceeding.2021, c. 23, s. 229
DecisionThe Appeal Division may dismiss the appeal, give the decision that the General Division should have given or confirm, rescind or vary the decision of the General Division in whole or in part. In the case of an appeal of a decision made by the Employment Insurance Section, the Appeal Division may also refer the matter back to the Employment Insurance Section for reconsideration in accordance with any directions that the Appeal Division considers appropriate.ReasonsThe Appeal Division must give its decision in writing, with reasons, and send copies of the decision and reasons to the appellant and any other party.2005, c. 34, s. 59; 2012, c. 19, s. 2242021, c. 23, s. 230
General
Head officeThe head office of the Tribunal is in the National Capital Region described in the schedule to the National Capital Act or at any other place within Canada that may be designated by the Governor in Council.ResidenceThe Chairperson and the Vice-chairpersons must reside within the distance from the place referred to in subsection (1) that is determined by the Governor in Council.2005, c. 34, s. 60; 2012, c. 19, s. 224
Services and facilitiesThe Minister may provide the Chief Administrator of the Administrative Tribunals Support Service of Canada with any administrative services and facilities that are necessary to enable him or her to provide support services and facilities to the Tribunal.Spending authorityThe Minister may spend revenues obtained from the provision of services and facilities to the Chief Administrator, in the fiscal year in which they are received or, unless an appropriation Act provides otherwise, in the next fiscal year.2014, c. 20, s. 466
Tribunal sittingsEvery application made or appeal brought to the Tribunal is to be heard before a single member unless the Chairperson is of the opinion that a panel of three members should be constituted.2005, c. 34, ss. 61, 83; 2012, c. 19, s. 2242021, c. 23, s. 231
Tribunal hearingsAll or part of a Tribunal hearing may be held in private in the circumstances provided for in the regulations.2005, c. 34, s. 62; 2012, c. 19, s. 2242021, c. 23, s. 231
Expenses and allowancesAny party who is required to attend a hearing may, if the Chairperson in any particular case for special reasons considers it warranted, be reimbursed for their travel or living expenses up to the amounts determined by the Chief Administrator of the Administrative Tribunals Support Service of Canada, or be paid any allowance, including compensation for lost remuneration, in accordance with the rates fixed by that Chief Administrator.PaymentsAny amount to be paid under subsection (1) may be paid out of moneys appropriated by Parliament for the expenditures of the Administrative Tribunals Support Service of Canada.2005, c. 34, s. 63; 2012, c. 19, s. 224; 2014, c. 20, s. 467
Representation of partyA party may, at their own expense, be represented by a representative of their choice.2021, c. 23, s. 232
Powers of tribunalThe Tribunal may decide any question of law or fact that is necessary for the disposition of any application made or appeal brought under this Act.Canada Pension PlanDespite subsection (1), in the case of an application or appeal relating to the Canada Pension Plan, the Tribunal may only decide questions of law or fact as towhether any benefit is payable to a person or its amount;whether any person is eligible for a division of unadjusted pensionable earnings or its amount;whether any person is eligible for an assignment of a contributor’s retirement pension or its amount; andwhether a penalty should be imposed under Part II of that Act or its amount.Employment Insurance ActIf a question specified in section 90 of the Employment Insurance Act arises in the consideration of an application or in an appeal, it must be determined by an authorized officer of the Canada Revenue Agency, as provided by that section.2005, c. 34, s. 64; 2012, c. 19, s. 224, c. 31, s. 2042021, c. 23, s. 233
Canada Pension PlanIf, in the Minister’s opinion, a person in addition to the appellant may be directly affected by the decision of the Tribunal relating to any of the following appeals, the Minister must notify the Tribunal of all such persons, and the Tribunal must add as a party to the appeal any such person who is not already a party to it:an appeal in respect of a survivor’s pension payable to the survivor of a deceased contributor within the meaning of the Canada Pension Plan;an appeal in respect of a death benefit, within the meaning of the Canada Pension Plan, payable to the estate or succession of a deceased contributor;an appeal in respect of a disabled contributor’s child’s benefit, within the meaning of the Canada Pension Plan, payable to each child of a disabled contributor;an appeal in respect of an orphan’s benefit, within the meaning of the Canada Pension Plan, payable to each orphan of a deceased contributor;an appeal in respect of a division of unadjusted pensionable earnings under section 55, 55.1 or 55.2 of the Canada Pension Plan;an appeal in respect of an assignment of a contributor’s retirement pension under section 65.1 of the Canada Pension Plan;an appeal in respect of an allowance, as defined in section 2 of the Old Age Security Act, payable to the spouse, common-law partner or former common-law partner of a pensioner; oran appeal in respect of a supplement, as defined in section 2 of the Old Age Security Act, payable to a pensioner whose spouse, common-law partner or former common-law partner is a beneficiary of a supplement or an allowance.2005, c. 34, s. 65; 2012, c. 19, s. 2242021, c. 23, s. 234
Jurisdiction — Canada Disability Benefit ActSubject to subsection (2), the Tribunal may decide any question of law or fact that is necessary to dispose of any appeal brought under the Canada Disability Benefit Act.Reference as to incomeIf, on an appeal to the Tribunal, it is a ground of the appeal that a decision or determination made by the Minister as to income under the Canada Disability Benefit Act was incorrectly made, the appeal on that ground must, in accordance with the regulations made under that Act, be referred for decision to the Tax Court of Canada, whose decision, subject only to variation by that Court in accordance with any decision on an appeal under the Tax Court of Canada Act relevant to the appeal to the Tribunal, is final and binding for all purposes of the appeal to the Tribunal except in accordance with the Federal Courts Act.2005, c. 34, s. 66; 2012, c. 19, s. 2242021, c. 23, s. 2352024, c. 17, s. 411
Time limitsThe Chairperson or a Vice-chairperson may, in any particular case for special reasons, extend the time within which the Tribunal is required by regulation to make a decision under subsections 54(1), 58.2(1) and 59(1).2005, c. 34, s. 67; 2012, c. 19, s. 2242021, c. 23, s. 235
Decision finalThe decision of the Tribunal on any application made or appeal brought under this Act is final and, except for judicial review under the Federal Courts Act, is not subject to appeal to or review by any court.2005, c. 34, ss. 68, 83; 2012, c. 19, s. 2242021, c. 23, s. 235
Annual reportThe Chairperson must, within three months after the end of each fiscal year, submit to the Minister a report on the Tribunal’s performance during that fiscal year.2021, c. 23, s. 235
Regulations
CommissionThe Commission may, with the approval of the Governor in Council, make regulations with regard to the Board of Appeal respectingthe quorum for a panel referred to in subsection 43.05(1);the appointment process for and conflicts of interest of members of the Board of Appeal referred to in paragraphs 43.03(1)(b) and (c);the circumstances in which a hearing may be held in private;the procedure to be followed on applications made or appeals brought to the Board of Appeal;the circumstances under which information is deemed to have been communicated or received;the time within which the Board of Appeal must make a decision under subsection 43.13(1);any special reasons for the purposes of section 43.14;any reasons for the purposes of section 43.15;the power to exclude any person from a hearing when oral evidence concerning a circumstance of sexual or other harassment is being given;the form and manner that is to be prescribed for the purposes of subsection 43.11(1);regions for the purposes of subsections 43.04(5) and 43.16(1);the circumstances for the purposes of subsection 43.16(1); andthe circumstances for the purposes of subsection 43.16(2).2023, c. 26, s. 654
Governor in CouncilThe Governor in Council may make regulations respecting the manner in which the Tribunal may conduct its business, including regulations respectingthe procedure to be followed on applications made or appeals brought to the Tribunal;the circumstances in which a hearing may be held in private;the circumstances under which information is deemed to have been communicated or received;the time within which the Tribunal must make a decision under subsections 54(1), 58.2(1) and 59(1);any special reasons for the purposes of section 63;the power to exclude any person from a hearing when oral evidence concerning a circumstance of sexual or other harassment is being given; andanything that, by this Part, is to be prescribed by regulation.2005, c. 34, ss. 69, 83; 2012, c. 19, s. 2242021, c. 23, s. 236
Regulations — electronic documents and electronic informationThe Governor in Council may, for the purposes of this Part, make regulations referred to in paragraphs 73(1)(c), (d) and (f).Regulations — definitionsThe Governor in Council may, for the purposes of regulations made under subsection (1), make regulations defining electronic, electronic document, electronic information, electronic signature and technology.Incorporation by referenceSubsections 73(2) to (5) apply to regulations made under this section.2005, c. 34, s. 70; 2012, c. 19, s. 224
Electronic Administration or Enforcement
ApplicationThis Part applies to any Act, program or activity whose administration or enforcement is the responsibility of the Minister, the Minister of Labour or the Commission.2013, c. 40, s. 211; 2014, c. 20, s. 485; 2018, c. 12, s. 279
PowersSubject to the regulations, if the Minister, the Minister of Labour or the Commission is responsible for an Act, program or activity, that responsible Minister or Commission may administer or enforce it electronically, including for the purposes ofcreating, communicating, making available, collecting, receiving, storing, or managing or otherwise dealing with documents or information;providing any services, benefits or other assistance;providing notifications;verifying the identity of a person or entity;entering into agreements or arrangements; andmaking, receiving or verifying an electronic signature.RestrictionThe Minister and the Commission must not require persons or entities to apply electronically for, or receive electronically, services, benefits or other assistance except for classes of persons or entities and those services, benefits or other assistance that are prescribed by the regulations.2005, c. 34, ss. 71, 83; 2012, c. 19, s. 224; 2013, c. 40, s. 212; 2017, c. 26, s. 51; 2018, c. 12, s. 280
Electronic manner of filing documentsUnless another manner of filing a document or information is expressly required by a provision of an Act or a regulation, or by a term or condition of a program, the filing of an electronic version of the document or information is to be considered as the filing of a document or information in accordance with the provision or the term or condition.Power to prescribe form or manner of filingA provision of an Act or a regulation, or a term or condition of a program, that provides for a power to issue, prescribe or in any other manner establish a form or to establish the manner of filing a document or information includes the power to do so with respect to an electronic document or information.Written documents or informationA requirement under a provision of an Act or a regulation, or a term or condition of a program, that a document be in writing or information be provided in writing is satisfied by an electronic document or information if the electronic document or informationis readable or perceivable so as to be usable for subsequent reference;is in a format that does not prevent it from being retained by the recipient; andmeets the prescribed requirements, if any.SignaturesA requirement under a provision of an Act or a regulation, or a term or condition of a program, to provide a signature is satisfied by an electronic signature if the electronic signatureis reliable for the purposes for which it is required;is reliably linked with the electronic document in respect of which the signature is required; andmeets the prescribed requirements, if any.Meaning of filingIn this section, filing includes all manner of transmitting, regardless of how it is designated.2005, c. 34, s. 72; 2012, c. 19, s. 224; 2013, c. 40, s. 213; 2018, c. 12, s. 281
RegulationsThe Governor in Council may make regulationsproviding for circumstances in which subsection 71(1) does not apply;defining, enlarging or restricting the meaning of any word or expression used but not defined in this Part;respecting the creation, communication, making available, collection, reception, storage or management of, or any other method of dealing with, electronic documents or electronic information, and their admissibility in any proceedings, including establishingcriteria for the reliability of electronic documents, electronic information or electronic signatures,the date and hour when an electronic document or electronic information is deemed to be sent or received and the place where it is deemed to be sent or received,the technology to be used and process to be followed for making, receiving or verifying an electronic signature, andwhether an electronic document must be signed with an electronic signature;establishing criteria for the validity of an agreement or arrangement entered into electronically;respecting terms and conditions for providing or receiving electronically services, benefits or other assistance, including the payment of amounts electronically;respecting the technology to be used and the process to be followed for verifying electronically the identity of any person or entity;respecting the establishment and operation of electronic systems or any other technology to be used in the administration or enforcement of an Act or regulation to which this Part applies or in the administration or enforcement of a program or activity to which this Part applies, and respecting the manner in which and the extent to which any provision of that Act or regulation, or any term or condition of that program applies to the electronic systems; andprescribing anything that by this Part is to be prescribed.Incorporation by referenceA regulation made under this section may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.AccessibilityThe Minister, the Minister of Labour or the Commission, as the case may be, shall ensure that any document that is incorporated by reference in a regulation in respect of which the administration or the enforcement is their responsibility is accessible.DefenceA person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in the regulation is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (3) or it was otherwise accessible to the person.No registration or publicationFor greater certainty, a document that is incorporated by reference in the regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.2005, c. 34, s. 73; 2012, c. 19, s. 224; 2013, c. 40, s. 214; 2018, c. 12, s. 282
[Repealed, 2012, c. 19, s. 224]
[Repealed, 2012, c. 19, s. 224]
[Repealed, 2012, c. 19, s. 224]
[Repealed, 2012, c. 19, s. 224]
[Repealed, 2012, c. 19, s. 224]
[Repealed, 2012, c. 19, s. 224]
[Repealed, 2012, c. 19, s. 224]
[Repealed, 2012, c. 19, s. 224]
[Repealed, 2012, c. 19, s. 224]
[Repealed, 2012, c. 19, s. 224]
[Repealed, 2012, c. 19, s. 224]
[Repealed, 2012, c. 19, s. 224]
(Subsections 19.1(1) and (2))TreatiesChapter 12 of the Agreement, within the meaning of subsection 2(1) of the Canada-Israel Free Trade Agreement Implementation Act, as amended from time to time in accordance with Article 21.2 of that Agreement.Chapter 18 of the Free Trade Agreement between Canada and the Republic of Korea, done at Ottawa on September 22, 2014, as amended from time to time in accordance with Article 23.2 of that Agreement.The Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009, as amended from time to time in accordance with Article 22 of that Agreement.The Agreement on Labour Cooperation between Canada and the Republic of Colombia, signed on November 21, 2008, as amended from time to time in accordance with Article 30 of that Agreement.The Agreement on Labour Cooperation between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013, as amended from time to time in accordance with Article 22 of that Agreement.The Agreement on Labour Cooperation between Canada and the Republic of Panama, done at Ottawa on May 13, 2010, as amended from time to time in accordance with Article 22 of that Agreement.The Agreement on Labour Cooperation between Canada and the Republic of Peru, signed on May 29, 2008, as amended from time to time in accordance with Article 30 of that Agreement.2009, c. 16, s. 51; 2010, c. 4, s. 43; 2012, c. 18, s. 41, c. 26, ss. 50, 62; 2014, c. 14, s. 50, c. 28, s. 58; 2017, c. 8, s. 422019, c. 6, s. 112024, c. 3, s. 38RELATED PROVISIONS — 2012, c. 19, s. 251
DefinitionsThe following definitions apply in sections 252 to 270.board of referees means a board of referees established under Part VI of the Employment Insurance Act, as it read immediately before the coming into force of section 247. (conseil arbitral)Pension Appeals Board means the Pension Appeals Board established under section 83 of the Canada Pension Plan, as it read immediately before the coming into force of section 229. (Commission d’appel des pensions)Review Tribunal means a Review Tribunal established under section 82 of the Canada Pension Plan, as it read immediately before the coming into force of section 229. (tribunal de révision)Social Security Tribunal means the Social Security Tribunal established under section 44 of the Department of Human Resources and Skills Development Act. (Tribunal de la sécurité sociale)umpire means an umpire appointed under Part VI of the Employment Insurance Act, as it read immediately before the coming into force of section 247. (juge-arbitre)
 — 2012, c. 19, s. 252
InformationThe Pension Appeals Board, a Review Tribunal, a board of referees or an umpire must transfer to the Social Security Tribunal any information under their control that either relates to an application of which that Tribunal is seized or that the Governor in Council has, by regulation, prescribed.
 — 2012, c. 19, s. 261
Request for reconsiderationIf no decision has been made before April 1, 2013, in respect of a request made under subsection 84(2) of the Canada Pension Plan, as it read immediately before the coming into force of section 229, it is deemed to be an application made on April 1, 2013 under section 66 of the Department of Human Resources and Skills Development Act and is deemed to relate to a decision made, as the case may be, bythe General Division of the Social Security Tribunal, in the case of a decision made by a Review Tribunal; orthe Appeal Division of the Social Security Tribunal, in the case of a decision made by the Pension Appeals Board.DeemingAn application made under section 66 of the Department of Human Resources and Skills Development Act after March 31, 2013 is deemed to relate to a decision made, as the case may be, bythe General Division of the Social Security Tribunal, in the case of a decision made by a Review Tribunal; orthe Appeal Division of the Social Security Tribunal, in the case of a decision made by the Pension Appeals Board.
 — 2012, c. 19, s. 269
Request for reconsiderationIf no decision has been made before April 1, 2013 in respect of a request made under section 120 of the Employment Insurance Act as it read immediately before the coming into force of section 247, it is deemed to be an application made on April 1, 2013 under section 66 of the Department of Human Resources and Skills Development Act and is deemed to relate to a decision made, as the case may be, bythe General Division of the Social Security Tribunal, in the case of a decision made by a board of referees; orthe Appeal Division of the Social Security Tribunal, in the case of a decision made by an umpire.DeemingAn application made under section 66 of the Department of Human Resources and Skills Development Act after March 31, 2013 is deemed to relate to a decision made, as the case may be, bythe General Division of the Social Security Tribunal, in the case of a decision made by a board of referees; orthe Appeal Division of the Social Security Tribunal, in the case of a decision made by an umpire.
 — 2013, c. 40, s. 217
Deputy Minister and Associate Deputy MinisterAny person who holds the office of Deputy Minister of Human Resources and Skills Development or of Associate Deputy Minister of Human Resources and Skills Development immediately before the day on which this section comes into force is deemed to hold the office of Deputy Minister of Employment and Social Development or of Associate Deputy Minister of Employment and Social Development, respectively, as of that day.Deputy Minister of LabourAny person who holds the office of Deputy Minister of Labour immediately before the day on which this section comes into force is deemed to have been designated Deputy Minister of Labour under subsection 4(3) of the Department of Employment and Social Development Act, as enacted by section 209 of this Act, as of that day.
 — 2013, c. 40, s. 218
PositionsNothing in this Act is to be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied a position in the Department of Human Resources and Skills Development except that the employee, on the coming into force of this section, occupies their position in the Department of Employment and Social Development under the authority of the Minister of Employment and Social Development.
 — 2013, c. 40, s. 219
Transfer of appropriationsAny amount appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray the charges and expenses of the Department of Human Resources and Skills Development that is unexpended is deemed to have been appropriated to defray the charges and expenses of the Department of Employment and Social Development.
 — 2013, c. 40, s. 220
Transfer of powers, duties and functionsIf, under any Act of Parliament, any instrument made under an Act of Parliament or any order, contract, lease, licence or other document, any power, duty or function is vested in or may be exercised or performed by the Minister of Human Resources and Skills Development, that power, duty or function is vested in or may be exercised or performed by the Minister of Employment and Social Development, the Deputy Minister of Employment and Social Development or the appropriate officer of the Department of Employment and Social Development, as the case may be.
 — 2021, c. 23, s. 238
DefinitionsThe following definitions apply in this section and sections 239 to 243.Appeal Division means the Appeal Division of the Tribunal. (division d’appel)former Act means the Department of Employment and Social Development Act as it read immediately before the day on which this Division comes into force. (ancienne loi)General Division means the General Division of the Tribunal. (division générale)Income Security Section means the Income Security Section of the General Division of the Tribunal. (section de la sécurité du revenu)new Act means the Department of Employment and Social Development Act as it reads on the day on which this Division comes into force. (nouvelle loi)Tribunal means the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act. (Tribunal)
 — 2021, c. 23, s. 239
Clarification — immediate applicationFor greater certainty, but subject to sections 240 to 242, the new Act applies in respect of applications and appeals that are ongoing on the day on which this Division comes into force.
 — 2021, c. 23, s. 240
Time limit for appeals — summary dismissalAn appeal of a decision made by the General Division under section 53 of the former Act must be brought to the Appeal Division within 90 days after the day on which this Division comes into force. Despite subsection 56(1) of the new Act, no leave is necessary.Appeals — summary dismissalAn appeal of a decision made by the General Division under section 53 of the former Act that is ongoing on the day on which this Division comes into force, or that is referred to in subsection (1), is to be dealt with by the Appeal Division in accordance with subsections 58(1) and 59(1) of the former Act. Section 58.3 of the new Act does not apply in respect of the appeal.Federal CourtDespite paragraph 28(1)(g.1) of the Federal Courts Act, the Federal Court has jurisdiction to hear and determine applications for judicial review of a decision of the Appeal Division that relates to an appeal brought under subsection 53(3) of the former Act or that is referred to in subsection (1).Judicial reviewIf, following a judicial review referred to in subsection (3), the Federal Court refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and 59(1) of the former Act. Section 58.3 of the new Act does not apply in respect of the matter.
 — 2021, c. 23, s. 241
Applications under section 66 of former ActAn application under section 66 of the former Act that is ongoing before the General Division or Appeal Division on the day on which this Division comes into force is to be dealt with in accordance with that section 66.Referral back to General DivisionIf, following an appeal of a decision made by the General Division under section 66 of the former Act, the Appeal Division refers the matter back to the General Division, the matter is to be dealt with in accordance with that section 66.Applications for leave to appeal — decision under section 66 of former ActAn application for leave to appeal a decision made by the General Division under section 66 of the former Act is to be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act.Appeals — decisions under section 66 of former ActIf leave to appeal is granted, the appeal is to be dealt with in accordance with subsections 58(1) and 59(1) of the former Act and, in the case where the Appeal Division decides under that subsection 59(1) to give the decision that the General Division should have given, the appeal is also to be dealt with in accordance with section 66 of the former Act. Section 58.3 of the new Act does not apply in respect of the appeal.Judicial review — leave to appealIf, following a judicial review of a decision of the Appeal Division referred to in subsection (3), the Federal Court refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act.Judicial review — appealsIf, following a judicial review of a decision of the Appeal Division referred to in subsection (4), the Federal Court of Appeal refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and 59(1) of the former Act and, in the case where the Appeal Division decides under that subsection 59(1) to give the decision that the General Division should have given, the matter is also to be dealt with in accordance with section 66 of the former Act. Section 58.3 of the new Act does not apply in respect of the matter.
 — 2021, c. 23, s. 242
Applications for leave to appeal — Income Security SectionAn application for leave to appeal a decision of the Income Security Section that is ongoing on the day on which this Division comes into force is to be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act.Ongoing appealsAn appeal of a decision of the Income Security Section that is ongoing on the day on which this Division comes into force, or an appeal that results from an application for leave to appeal referred to in subsection (1) that is granted, is to be dealt with in accordance with subsections 58(1) and 59(1) of the former Act. Section 58.3 of the new Act does not apply in respect of the appeal.Federal Court — before coming into forceIn the case of a judicial review of a decision of the Appeal Division under subsection 58(3) of the former Act that relates to a decision of the Income Security Section, if, before the day on which this Division comes into force, the Federal Court refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act.Federal Court — after coming into forceIn the case of a judicial review of a decision of the Appeal Division under subsection 58(3) of the former Act that relates to a decision of the Income Security Section other than a judicial review referred to in subsection 241(5), if, on or after the day on which this Division comes into force, the Federal Court refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with the provisions of the new Act.Federal Court of Appeal — before coming into forceIn the case of a judicial review of a decision of the Appeal Division under subsection 59(1) of the former Act that relates to a decision of the Income Security Section, if, before the day on which this Division comes into force, the Federal Court of Appeal refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and 59(1) of the former Act. Section 58.3 of the new Act does not apply in respect of the matter.Federal Court Appeal — after coming into forceIn the case of a judicial review of a decision of the Appeal Division under subsection 59(1) of the former Act that relates to a decision of the Income Security Section other than a judicial review referred to in subsection 241(6), if, on or after the day on which this Division comes into force, the Federal Court of Appeal refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with the provisions of the new Act.
 — 2021, c. 23, s. 243
Interpretation of consequential amendment to Federal Courts ActFor greater certainty, the Federal Court has jurisdiction to hear and determine applications for judicial review of a decision of the Appeal Division made under section 58 of the former Act before the day on which this Division comes into force.
 — 2023, c. 26, s. 664
DefinitionsThe following definitions apply in this section and sections 665 to 678.Appeal Division means the Appeal Division of the Tribunal. (division d’appel)Board of Appeal means the Employment Insurance Board of Appeal established under section 43.01 of the Department of Employment and Social Development Act. (Conseil d’appel)Employment Insurance Section means the Employment Insurance Section of the General Division. (section de l’assurance-emploi)General Division means, except for the purposes of subsections 665(2) and 667(2), the General Division referred to in section 44 of the Department of Employment and Social Development Act, as it reads on the day on which this section comes into force. (division générale)Tribunal means the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act. (Tribunal)
 — 2023, c. 26, s. 665
Part-time membersPart-time members of the Tribunal who, immediately before the day on which section 635 comes into force, are assigned to hear matters in the Employment Insurance Section become part-time members of the Board of Appeal on that day.Full-time membersFull-time members of the Tribunal who, immediately before the day on which section 635 comes into force, are assigned to hear matters in the Employment Insurance Section are assigned to hear matters in the General Division on that day.Vice-chairpersonThe Vice-chairperson of the Tribunal who, immediately before the day on which section 635 comes into force, is responsible for the Employment Insurance Section becomes a full-time regional coordinator of the Board of Appeal on that day.Power of Governor in CouncilOn the recommendation of the Minister of Employment and Social Development made after that Minister has consulted with the Chairperson of the Tribunal and the Executive Head of the Board of Appeal, the Governor in Council may make an order specifying that, on a day that is specified in the order and that is before the day on which section 635 comes into force,the Vice-chairperson who is responsible for the Employment Insurance Section becomes a full-time regional coordinator of the Board of Appeal; anda part-time member of the Tribunal who is assigned to hear matters in the Employment Insurance Section becomes a part-time member of the Board of Appeal.
 — 2023, c. 26, s. 666
Members of Board of AppealEach member of the Board of Appeal referred to in subsection 665(1) or paragraph 665(4)(b)on becoming a member, ceases to be a member of the Tribunal;subject to paragraph (d), continues in office for the remainder of the term for which they were appointed as a member of the Tribunal;for that term, is deemed to be appointed under paragraph 43.03(1)(a) of the Department of Employment and Social Development Act;despite paragraph 43.03(1)(a) of that Act, holds office during good behaviour for that term and may be removed for cause by the Governor in Council at any time during that term; andon the expiry of that term, is eligible to be reappointed under that paragraph 43.03(1)(a) to hold office at pleasure.Regional coordinator of Board of AppealThe regional coordinator of the Board of Appeal referred to in subsection 665(3) or paragraph 665(4)(a)on becoming a regional coordinator, ceases to be a member of the Tribunal;subject to paragraph (d), continues in office for the remainder of the term for which they were appointed as a member of the Tribunal;for that term, is deemed to be appointed under subsection 43.02(2) of the Department of Employment and Social Development Act;despite subsection 43.02(2) of that Act, holds office during good behaviour for that term and may be removed for cause by the Governor in Council at any time during that term; andon the expiry of that term, is eligible to be reappointed under that subsection 43.02(2) to hold office at pleasure.Part-time members — remunerationOn becoming a part-time member of the Board of Appeal and for the remainder of the term referred to in paragraph (1)(b), a former part-time member of the Tribunal who was assigned to hear matters in the Employment Insurance Section is entitled to remuneration that is no less than the remuneration that they received as a part-time member of the Tribunal.Vice-chairperson — remunerationOn becoming a regional coordinator of the Board of Appeal and for the remainder of the term referred to in paragraph (2)(b), a former Vice-chairperson of the Tribunal who was responsible for the Employment Insurance Section is entitled to the same remuneration as they received as Vice-chairperson.
 — 2023, c. 26, s. 667
No compensationDespite the provisions of any contract, agreement or order, no former member of the General Division, including the former Vice-chairperson responsible for the Employment Insurance Section, has any right to claim or receive any compensation, damages, indemnity or other form of relief from His Majesty in right of Canada or from any employee or agent of His Majesty for ceasing to hold office in the Tribunal, or for the abolition of that office, by the operation of this Division.No compensation — full-time membersDespite the provisions of any contract, agreement or order, no full-time member of the Tribunal who was assigned to hear matters in the Employment Insurance Section has any right to claim or receive any compensation, damages, indemnity or other form of relief from His Majesty in right of Canada or from any employee or agent of His Majesty for being assigned to hear matters in the General Division by the operation of this Division.
AMENDMENTS NOT IN FORCE — 2018, c. 12, s. 270
Subsection 5.1(1) of the Act is amended by adding the following after paragraph (a):provide electronic information transfer services to any partner entity authorized by the Governor in Council;Subsection 5.1(1) of the Act is amended by adding the following after paragraph (b):provide administration services relating to electronic or online accounts for any partner entity authorized by the Governor in Council;
 — 2023, c. 26, s. 634
The Act is amended by adding the following after section 43.1:Appeal to Board of Appeal
Appeal — time limitAn appeal of a decision made under section 112 of the Employment Insurance Act must be brought to the Board of Appeal in the prescribed form and manner and within 30 days after the day on which the decision is communicated to the appellant.ExtensionThe Board of Appeal may allow further time within which an appeal is to be brought, but in no case may an appeal be brought more than one year after the day on which the decision is communicated to the appellant.Decision in writingThe Board of Appeal must give a decision made under subsection (2) in writing and a copy of the decision must be sent to the appellant, the Commission and any other party.
Constitutional questionsThe Board of Appeal may not consider any question of constitutional law.
DecisionThe Board of Appeal may dismiss the appeal or confirm, rescind or vary a decision of the Commission in whole or in part or give the decision that the Commission should have given.Decision in writing with reasonsThe Board of Appeal must give a decision made under subsection (1) in writing, with reasons, and send copies of the decision and reasons to the appellant, the Commission and any other party.
Time limitsThe Executive Head may, in any particular case for special reasons, extend the time within which the Board of Appeal is required by regulation to make a decision under subsection 43.13(1).
Expenses and allowancesAny party who is required to attend a hearing may, if the Executive Head considers it warranted in any particular case for any reasons provided for in the regulations, be reimbursed for their travel or living expenses up to the amounts determined by the Treasury Board, or be paid any allowance, including compensation for lost remuneration, in accordance with the rates fixed by the Treasury Board.
Appeal — regionAn appeal is to be heard in the appellant’s region, except in the circumstances provided for in the regulations.Appeal — persons presentAn appeal is to be heard in the presence of the parties or their counsel or agents, except in the circumstances provided for in the regulations.Hearings in privateAll or part of a Board of Appeal hearing may be held in private in the circumstances provided for in the regulations.
Representation of partyA party may, at their own expense, be represented by a representative of their choice.
Powers of Board of AppealSubject to section 43.12, the Board of Appeal may decide any question of law or fact that is necessary for the disposition of any application made or appeal brought under this Act.Employment Insurance ActIf a question specified in section 90 of the Employment Insurance Act arises in the consideration of an application or in an appeal, it must be determined by an authorized officer of the Canada Revenue Agency, as provided by that section.
Abandonment of appealsThe Board of Appeal may determine that an appeal before it has been abandoned if it has failed to contact the appellant despite reasonable efforts having been made to do so or if the appellant fails to communicate with it on being requested to do so.Reopening abandoned appealsThe Board of Appeal, on application, may reopen an appeal it has determined to be abandoned if it is satisfied thatin making the determination, it failed to observe a principle of natural justice; orthe appellant’s failure to communicate with it was due to circumstances beyond the appellant’s control and the application was made within 30 days after the day on which those circumstances were resolved.Decision in writingThe Board of Appeal must give a decision made under subsection (1) or (2) in writing and a copy of the decision must be sent to the appellant, the Commission and any other party.
 — 2023, c. 26, s. 635
Subsection 44(2) of the Act is repealed.
 — 2023, c. 26, s. 636
Subsection 45(2) of the Act is replaced by the following:Chairperson and Vice-chairpersonsThe Governor in Council designates one of the full-time members to hold office as the Chairperson and two full-time members to hold office as Vice-chairpersons, one of whom is responsible for the Appeal Division and one of whom is responsible for the General Division.
 — 2023, c. 26, s. 637
Subsections 46(2) and (3) of the Act are replaced by the following:MembersEach member exercises any powers and performs any duties and functions that the Vice-chairperson who is responsible for the Division for which they hear matters may assign.AssignmentThe Chairperson may assign members to hear matters in the Appeal Division or the General Division.
 — 2023, c. 26, s. 638
Section 47 of the Act is repealed.
 — 2023, c. 26, s. 639
Subsection 51(2) of the Act is replaced by the following:Absence — otherIf subsection (1) does not apply owing to the absence or incapacity of the Vice-chairperson of the Appeal Division, or if the office of Vice-chairperson of the Appeal Division is vacant, the Minister may authorize the Vice-chairperson of the General Division to act as Chairperson and that Vice-chairperson may exercise all the powers and perform all the duties and functions of the Chairperson.
 — 2023, c. 26, s. 641
Subsection 52(1) of the Act is replaced by the following:
Appeal — time limitAn appeal of a decision must be brought to the General Division in the prescribed form and manner and within 90 days after the day on which the decision is communicated to the appellant.
 — 2023, c. 26, s. 642
Section 54 of the Act is replaced by the following:
DecisionThe General Division may dismiss the appeal or confirm, rescind or vary a decision of the Minister in whole or in part or give the decision that the Minister should have given.ReasonsThe General Division may give a decision orally or in writing and must give reasons. Copies of the decision and reasons, written or, in the case of an oral decision and reasons, reduced to writing, must be sent to the appellant, the Minister and any other party.
 — 2023, c. 26, s. 643
The heading before section 55 of the Act is replaced by the following:Appeal to Tribunal — Appeal DivisionDecisions of Board of Appeal
 — 2023, c. 26, s. 644
The Act is amended by adding the following before section 55:
AppealAny decision of the Board of Appeal may be appealed to the Appeal Division by any person who is the subject of the decision and any other prescribed person.
Appeal — time limitThe appeal must be brought to the Appeal Division in the prescribed form and manner and within 30 days after the day on which the decision and reasons are communicated in writing to the appellant.ExtensionThe Appeal Division may allow further time within which an appeal is to be brought, but in no case may an appeal be brought more than one year after the day on which the decision and reasons are communicated in writing to the appellant.
Grounds of appealThe only grounds of appeal of a decision made by the Board of Appeal are thatthe Board of Appeal failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;the Board of Appeal erred in law in making its decision, whether or not the error appears on the face of the record;the Board of Appeal based its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it; ora question of constitutional law remains to be determined.
New evidence — constitutional questionsIf an appeal to the Appeal Division of a decision of the Board of Appeal is in respect of a question of constitutional law, the Appeal Division may hear new evidence in relation to the question.
DecisionThe Appeal Division may dismiss the appeal, give the decision that the Board of Appeal should have given, refer the matter back to the Board of Appeal for reconsideration in accordance with any directions that the Appeal Division considers appropriate or confirm, rescind or vary the decision of the Board of Appeal in whole or in part. The Appeal Division may make a decision on a question of constitutional law.ReasonsThe Appeal Division must give its decision in writing, with reasons, and send copies of the decision and reasons to the appellant and any other party.
Decisions of General Division
 — 2023, c. 26, s. 645
Sections 56 and 57 of the Act are replaced by the following:
LeaveAn appeal to the Appeal Division of a decision made by the Income Security Section may only be brought if leave to appeal is granted.
Appeal — Employment Insurance SectionAn appeal of a decision made by the Employment Insurance Section must be brought to the Appeal Division in the prescribed form and manner and within 30 days after the day on which the decision and reasons are communicated in writing to the appellant.Appeal — Income Security SectionAn application for leave to appeal a decision made by the Income Security Section must be made to the Appeal Division in the prescribed form and manner and within 90 days after the day on which the decision and reasons are communicated in writing to the appellant.ExtensionThe Appeal Division may allow further time within which an appeal is to be brought or an application for leave to appeal is to be made, but in no case may an appeal be brought or an application be made more than one year after the day on which the decision and reasons are communicated in writing to the appellant.
 — 2023, c. 26, s. 646
Sections 56 and 57 of the Act are replaced by the following:
LeaveAn appeal to the Appeal Division of a decision made by the General Division may only be brought if leave to appeal is granted.
Appeal — General DivisionAn application for leave to appeal a decision made by the General Division must be made to the Appeal Division in the prescribed form and manner and within 90 days after the day on which the decision and reasons are communicated in writing to the appellant.ExtensionThe Appeal Division may allow further time within which an application for leave to appeal is to be made, but in no case may an application be made more than one year after the day on which the decision and reasons are communicated in writing to the appellant.
 — 2023, c. 26, s. 647
Subsection 58(1) of the Act is repealed.Subsection 58(2) of the Act is repealed.
 — 2023, c. 26, s. 648
Section 58.1 of the Act is replaced by the following:
Leave to appeal — General DivisionLeave to appeal a decision made by the General Division is to be granted if the application for leave to appealraises an arguable case that the General Division failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;raises an arguable case that the General Division erred in law, in fact or in mixed law and fact, in making its decision; orsets out evidence that was not presented to the General Division.
 — 2023, c. 26, s. 649
Subsection 58.2(1) of the Act is replaced by the following:
Decision — leave to appealThe Appeal Division must either grant or refuse leave to appeal a decision made by the Income Security Section.
Subsection 58.2(1) of the Act is replaced by the following:
Decision — leave to appealThe Appeal Division must either grant or refuse leave to appeal a decision made by the General Division.
 — 2023, c. 26, s. 650
Section 58.3 of the Act is replaced by the following:
Hearing de novo — General DivisionAn appeal to the Appeal Division of a decision made by the General Division is to be heard and determined as a new proceeding.
 — 2023, c. 26, s. 651
Subsection 59(1) of the Act is replaced by the following:
DecisionThe Appeal Division may dismiss the appeal, give the decision that the General Division should have given or confirm, rescind or vary the decision of the General Division in whole or in part. In the case of an appeal of a decision made by the Employment Insurance Section, the Appeal Division may also refer the matter back to the Board of Appeal for reconsideration in accordance with any directions that the Appeal Division considers appropriate.
Subsection 59(1) of the Act is replaced by the following:
DecisionThe Appeal Division may dismiss the appeal, give the decision that the General Division should have given or confirm, rescind or vary the decision of the General Division in whole or in part.
 — 2023, c. 26, s. 652
Section 67 of the Act is replaced by the following:
Time limitsThe Chairperson or a Vice-chairperson may, in any particular case for special reasons, extend the time within which the Tribunal is required by regulation to make a decision under subsections 54(1), 54.5(1), 58.2(1) and 59(1).
 — 2023, c. 26, s. 653
The Act is amended by adding the following after section 68:
Access to documents and information by Appeal DivisionOn the request of the Appeal Division, the Board of Appeal must provide the Appeal Division with any documents and information that are necessary for the Appeal Division to decide an application or appeal.
 — 2023, c. 26, s. 655
Paragraph 69(c) of the Act is replaced by the following:the time within which the Tribunal must make a decision under subsections 54(1), 54.5(1), 58.2(1) and 59(1);Paragraph 69(f) of the Act is replaced by the following:anything that is to be prescribed by subsection 52(1), section 54.1, subsection 54.2(1), section 55 and subsections 57(1) and (1.1).Paragraph 69(f) of the Act is replaced by the following:anything that is to be prescribed by subsection 52(1), section 54.1, subsection 54.2(1), section 55 and subsection 57(1).
 — 2023, c. 26, s. 668
Application for leave to appealIf an application for leave to appeal a decision made by the Employment Insurance Section is ongoing before the Appeal Division immediately before the day on which section 634 comes into force, the application for leave to appeal becomes a notice of appeal on that day. The notice of appeal is deemed to have been filed on the day on which the application for leave to appeal was filed.
 — 2023, c. 26, s. 669
Appeal of Employment Insurance Section decisionAny decision made by the Employment Insurance Section before the day on which section 635 comes into force may be appealed to the Appeal Division and sections 55, 57, 58 and 59 of the Department of Employment and Social Development Act, as those sections read on the day on which section 634 comes into force, apply in respect of the appeal.
 — 2023, c. 26, s. 670
Ongoing appeal of Employment Insurance Section decisionAn appeal of a decision made by the Employment Insurance Section that is ongoing before the Appeal Division immediately before the day on which section 635 comes into force is to be dealt with in accordance with sections 57, 58 and 59 of the Department of Employment and Social Development Act, as those sections read on the day on which section 634 comes into force.
 — 2023, c. 26, s. 671
Question of constitutional lawThe Appeal Division is not authorized under subsection 59(1) of the Department of Employment and Social Development Act, as it read on the day on which section 634 comes into force, to refer a question of constitutional law back to the Board of Appeal for reconsideration.
 — 2023, c. 26, s. 672
Ongoing appeal before Employment Insurance SectionAn appeal that is ongoing before the Employment Insurance Section immediately before the day on which section 635 comes into force is deemed to be an appeal before the Board of Appeal under subsection 43.11(1) of the Department of Employment and Social Development Act on that day.
 — 2023, c. 26, s. 673
Board of Appeal access to documents and informationThe Board of Appeal is entitled to access any documents and information of the Tribunal that are necessary for the Board of Appeal to decide an application or appeal.
 — 2023, c. 26, s. 674
Transfer of documents and informationThe Tribunal must transfer to the Board of Appeal any documents and information that relate to appeals referred to in section 672.
 — 2023, c. 26, s. 675
Section 53 of Department of Employment and Social Development ActDespite section 240 of the Budget Implementation Act, 2021, No. 1, if, on an appeal of a decision made by the Employment Insurance Section under section 53 of the Department of Employment and Social Development Act, as it read immediately before the day on which Division 20 of the Budget Implementation Act, 2021, No. 1 comes into force, the Appeal Division decides to refer a matter back to the Employment Insurance Section for reconsideration, the Appeal Division must refer the matter back to the Board of Appeal for reconsideration.
 — 2023, c. 26, s. 676
Section 241 of Budget Implementation Act, 2021, No. 1Section 241 of the Budget Implementation Act, 2021, No. 1 does not apply in respect of a decision in relation to the Employment Insurance Act under section 66 of the Department of Employment and Social Development Act, as it read immediately before the day on which Division 20 of the Budget Implementation Act, 2021, No. 1 comes into force, or in respect of an application under that section 66 in relation to the Employment Insurance Act that is ongoing immediately before the day on which section 634 comes into force.Section 66 of Department of Employment and Social Development ActAny matter relating to a decision or an application referred to in subsection (1) is to be dealt with in accordance with section 66 of the Department of Employment and Social Development Act, as it read immediately before the day on which Division 20 of the Budget Implementation Act, 2021, No. 1 comes into force.
 — 2023, c. 26, s. 677
Employment Insurance ActSubsections 114(1) and (2) of the Employment Insurance Act, as those subsections read on the day on which section 634 comes into force, continue to apply in relation to a claim for benefits that is allowed by the General Division before the day on which section 635 comes into force.
 — 2023, c. 26, s. 678
Labour Adjustment Benefits ActSubsection 13(7) of the Labour Adjustment Benefits Act, as it read immediately before the day on which section 634 comes into force, continues to apply — until the day on which section 635 comes into force — in respect of an application or a question that was referred to the General Division under subsection 13(6) of that Act before the day on which section 634 comes into force.Ongoing application or questionAn application or a question that was referred to the General Division under subsection 13(6) of the Labour Adjustment Benefits Act and that is ongoing immediately before the day on which section 635 comes into force is deemed to be an application or a question referred to the Board of Appeal on that day.
2024, c. 32024-07-012024, c. 172024-06-202023, c. 262023-06-222021, c. 232022-12-052021, c. 232021-06-292019, c. 62019-09-01