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

• 655 (1) Paragraph 69(c) of the Act is replaced by the following:

  • (c) the time within which the Tribunal must make a decision under subsections 54(1), 54.5(1), 58.2(1) and 59(1);

• (2) Paragraph 69(f) of the Act is replaced by the following:

  • (f) 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).

• (3) Paragraph 69(f) of the Act is replaced by the following:

  • (f) anything that is to be prescribed by subsection 52(1), section 54.1, subsection 54.2(1), section 55 and subsection 57(1).

Consequential Amendments

R.S, c. F-7; 2002, c. 8, s. 14Federal Courts Act

656 Paragraph 28(1)(g.1) of the Federal Courts Act is replaced by the following:

R.S., c. L-1Labour Adjustment Benefits Act

• 657 (1) The definition Social Security Tribunal in subsection 2(1) of the Labour Adjustment Benefits Act is repealed.

• (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

  Employment Insurance Board of Appeal

  Employment Insurance 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 en assurance-emploi)

658 Subsections 13(6) and (7) of the Act are replaced by the following:

659 Subsection 31(2) of the Act is replaced by the following:

R.S., c. 1 (5th Supp.)Income Tax Act

660 Subparagraph 56(1)(l)(ii) of the Income Tax Act is replaced by the following:

661 Subparagraph 60(o)(ii) of the Act is replaced by the following:

1996, c. 23Employment Insurance Act

662 Section 113 of the Employment Insurance Act is replaced by the following:

• 663 (1) Subsection 114(1) of the Act is replaced by the following:

  Marginal note:Payment of benefit pending appeal

  • 114 (1) If a claim for benefits is allowed by the General Division of the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act or the Employment Insurance Board of Appeal established under section 43.01 of that Act, benefits are payable in accordance with the decision of the Tribunal or the Employment Insurance Board of Appeal, as the case may be, even though an appeal is pending, and any benefits paid under this section after the decision of the Tribunal or the Employment Insurance Board of Appeal, as the case may be, are to be treated as having been duly paid and are not recoverable from the claimant, even if the final determination of the question is adverse to the claimant.

• (2) Subsection 114(1) of the Act is replaced by the following:

  Marginal note:Payment of benefit pending appeal

  • 114 (1) If a claim for benefits is allowed by the Employment Insurance Board of Appeal established under section 43.01 of the Department of Employment and Social Development Act, benefits are payable in accordance with the decision of the Employment Insurance Board of Appeal even though an appeal is pending, and any benefits paid under this section after the decision of the Employment Insurance Board of Appeal are to be treated as having been duly paid and are not recoverable from the claimant, even if the final determination of the question is adverse to the claimant.

• (3) Paragraph 114(2)(a) of the Act is replaced by the following:

  • (a) if the appeal to the Appeal Division of the Social Security Tribunal was brought within 21 days after the day on which the decision of the General Division of the Social Security Tribunal or the Employment Insurance Board of Appeal, as the case may be, was given and on the ground that the claimant ought to be disentitled under section 36; and

• (4) Paragraph 114(2)(a) of the Act is replaced by the following:

  • (a) if the appeal to the Appeal Division of the Social Security Tribunal was brought within 21 days after the day on which the decision of the Employment Insurance Board of Appeal was given and on the ground that the claimant ought to be disentitled under section 36; and

Transitional Provisions

Marginal note:Definitions

664 The following definitions apply in this section and sections 665 to 678.

Appeal Division

Appeal Division means the Appeal Division of the Tribunal. (division d’appel)

Board of Appeal

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

Employment Insurance Section means the Employment Insurance Section of the General Division. (section de l’assurance-emploi)

General Division

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

Tribunal means the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act. (Tribunal)

Marginal note:Part-time members

• 665 (1) Part-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.

• Marginal note:Full-time members

  (2) Full-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.

• Marginal note:Vice-chairperson

  (3) The 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.

• Marginal note:Power of Governor in Council

  (4) On 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,

  • (a) the Vice-chairperson who is responsible for the Employment Insurance Section becomes a full-time regional coordinator of the Board of Appeal; and

  • (b) a 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.

Marginal note:Members of Board of Appeal

• 666 (1) Each member of the Board of Appeal referred to in subsection 665(1) or paragraph 665(4)(b)

  • (a) on becoming a member, ceases to be a member of the Tribunal;

  • (b) subject to paragraph (d), continues in office for the remainder of the term for which they were appointed as a member of the Tribunal;

  • (c) for that term, is deemed to be appointed under paragraph 43.03(1)(a) of the Department of Employment and Social Development Act;

  • (d) 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; and

  • (e) on the expiry of that term, is eligible to be reappointed under that paragraph 43.03(1)(a) to hold office at pleasure.

• Marginal note:Regional coordinator of Board of Appeal

  (2) The regional coordinator of the Board of Appeal referred to in subsection 665(3) or paragraph 665(4)(a)

  • (a) on becoming a regional coordinator, ceases to be a member of the Tribunal;

  • (b) subject to paragraph (d), continues in office for the remainder of the term for which they were appointed as a member of the Tribunal;

  • (c) for that term, is deemed to be appointed under subsection 43.02(2) of the Department of Employment and Social Development Act;

  • (d) 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; and

  • (e) on the expiry of that term, is eligible to be reappointed under that subsection 43.02(2) to hold office at pleasure.

• Marginal note:Part-time members — remuneration

  (3) On 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.

• Marginal note:Vice-chairperson — remuneration

  (4) On 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.

Marginal note:No compensation

• 667 (1) Despite 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.

• Marginal note:No compensation — full-time members

  (2) Despite 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.

Marginal note:Application for leave to appeal

668 If 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.

Marginal note:Appeal of Employment Insurance Section decision

669 Any 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.

Marginal note:Ongoing appeal of Employment Insurance Section decision

670 An 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.

Marginal note:Question of constitutional law

671 The 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.

Marginal note:Ongoing appeal before Employment Insurance Section

672 An 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.

Marginal note:Board of Appeal access to documents and information

673 The 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.