Budget Implementation Act, 2023, No. 1 (S.C. 2023, c. 26)

• (b) compliance units.

Marginal note:Ministerial orders

327 Despite any regulation made under section 326, the Minister may issue an order setting conditions in respect of the trading or suspend or cancel trading of compliance units or invalidate any trade of compliance units if the Ministers are of the opinion that the trade or use of a compliance unit

Marginal note:Environmental Economic Instruments Fund

• 327.1 (1) There is established an account in the accounts of Canada to be called the Environmental Economic Instruments Fund, consisting of a sub-account for each funding program that meets the following conditions:

  • (a) its purpose is provided for in a regulation made under section 326 and any of sections 93, 118, 140, 167, 177 and 209; and

  • (b) it is under the responsibility of the Minister.

• Marginal note:Amounts paid into C.R.F.

  (2) The amounts received by His Majesty in right of Canada as contributions to a funding program referred to in subsection (1) are to be paid into the Consolidated Revenue Fund and credited to the sub-account for that program.

• Marginal note:Interest

  (3) The Minister of Finance shall cause to be credited to each sub-account an amount representing interest, calculated in the manner and at the rate determined by the Governor in Council on the recommendation of that Minister, on the amount standing to the credit of that sub-account.

• Marginal note:Amounts paid out of C.R.F.

  (4) On the Minister’s request, one or more amounts not exceeding in total the amount standing in the sub-account for a funding program referred to in subsection (1), including interest, may be paid out of the Consolidated Revenue Fund for the purpose for which that funding program was established. The amount of all such payments is to be charged to that sub-account.

• Marginal note:Administration of Fund

  (5) The Minister is responsible for the administration of the Environmental Economic Instruments Fund.

• Marginal note:Use of amounts

  (6) Amounts credited to a sub-account for a funding program referred to in subsection (1) may be used for the administration of that sub-account.

• Marginal note:Designation

  (7) The Minister may, by order, designate any person or class of persons to exercise the powers and perform the duties and functions set out in subsections (4) and (5).

• (a) as an eligible class for the purposes of the definition eligible domestic credit in section 2, any class of compliance units issued under any program or measure established under section 322 of the Canadian Environmental Protection Act, 1999; and

• (b) as an eligible class for the purposes of the definition eligible Kyoto unit in section 2, any class of compliance unit within the meaning of the Kyoto Protocol.

Marginal note:For greater certainty — deposit insurance contracts

10.001 For greater certainty, the Corporation may administer any contract related to deposit insurance that the Minister enters into with any entity under section 60.2 of the Financial Administration Act.

Marginal note:Amount

• 12.01 (1) The amount referred to in paragraph 12(c) is one hundred thousand dollars, unless the Minister, with the Governor in Council’s authorization, determines a greater amount, in which case the amount referred to in that paragraph is the amount that the Minister determines.

• Marginal note:Stability or efficiency of financial system

  (2) The Minister may determine an amount under subsection (1) only if, in the Minister’s opinion, it is necessary to promote the stability or maintain the efficiency of the financial system in Canada.

• Marginal note:Consultation

  (3) Before determining an amount under subsection (1), the Minister shall consult the Governor of the Bank of Canada, the Superintendent, the President and Chief Executive Officer of the Corporation and the Commissioner of the Financial Consumer Agency of Canada.

• Marginal note:Publication in Canada Gazette

  (4) As soon as feasible after determining an amount under subsection (1), the Minister shall publish the amount in the Canada Gazette.

• Marginal note:Report

  (5) Every month during which the amount referred to in paragraph 12(c) is the amount that the Minister determines, the Minister shall publish a report and cause it to be tabled in each House of Parliament.

Board of Appeal

Board of Appeal means the Employment Insurance Board of Appeal established under section 43.01. (Conseil d’appel)

Board of Appeal and Social Security Tribunal

Board of Appeal

Establishment and Administration

Marginal note:Establishment of Board of Appeal

43.01 The Employment Insurance Board of Appeal is established.

Marginal note:Appointment — Executive Head

• 43.02 (1) The 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.

• Marginal note:Appointment — regional coordinators

  (2) On 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.

• Marginal note:Diversity

  (3) Recommendations 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.

Marginal note:Composition

• 43.03 (1) The Board of Appeal consists of the Executive Head, the regional coordinators and the following members:

  • (a) 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;

  • (b) 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; and

  • (c) 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 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.

• Marginal note:Terms of members

  (2) Members 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).

• Marginal note:Equal number

  (3) To the extent possible, an equal number of members is to be appointed under each of paragraphs (1)(a) to (c).

• Marginal note:Regional representation and diversity

  (4) Recommendations 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.

• Marginal note:Completion of ongoing matters

  (5) A 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.

Marginal note:Executive Head

• 43.04 (1) The 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.

• Marginal note:Report on overall performance

  (2) The Executive Head is to report regularly to the Commission on the overall performance of the Board of Appeal.

• Marginal note:Regional coordinators

  (3) Regional coordinators assist the Executive Head and perform any duties and functions that the Executive Head may assign.

• Marginal note:Delegation — regional coordinators

  (4) The 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).

• Marginal note:Members assigned to region

  (5) The 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.

• Marginal note:Absence — Executive Head

  (6) In 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.

Marginal note:Board of Appeal hearings — three-member panels

• 43.05 (1) An 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).

• Marginal note:Determination of regional coordinator

  (2) The Executive Head is to select a regional coordinator to

  • (a) determine if an extension of time to bring an appeal to the Board of Appeal should be granted;

  • (b) determine if an appeal before the Board of Appeal has been abandoned; or

  • (c) hear an application to reopen an appeal that has been determined to be abandoned.

• Marginal note:Delegation — employees of Department

  (3) The 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).

Marginal note:Remuneration

• 43.06 (1) The 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.

• Marginal note:Expenses — Executive Head

  (2) The 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.

• Marginal note:Expenses — full-time regional coordinators

  (3) Each 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.

• Marginal note:Expenses — part-time regional coordinators and members

  (4) Each 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.

Marginal note:Public Service Superannuation Act

• 43.07 (1) The 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.

• Marginal note:Other benefits

  (2) The 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.

Marginal note:Employees, services and facilities

43.08 The 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.

Marginal note:Immunity

43.09 No 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.

Marginal note:Competence and compellability

43.1 The 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.

Social Security Tribunal

Establishment and Administration