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Department of Employment and Social Development Act (S.C. 2005, c. 34)

Act current to 2023-09-19 and last amended on 2023-06-22. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2018, c. 12, s. 270

      • 270 (1) Subsection 5.1(1) of the Act is amended by adding the following after paragraph (a):

        • (a.1) provide electronic information transfer services to any partner entity authorized by the Governor in Council;

      • (2) Subsection 5.1(1) of the Act is amended by adding the following after paragraph (b):

        • (b.1) provide administration services relating to electronic or online accounts for any partner entity authorized by the Governor in Council;

  • — 2023, c. 26, s. 634

    • 634 The Act is amended by adding the following after section 43.1:

      Appeal to Board of Appeal
      • Appeal — time limit

        • 43.11 (1) An 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.

        • Extension

          (2) The 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 writing

          (3) The 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 questions

        43.12 The Board of Appeal may not consider any question of constitutional law.

      • Decision

        • 43.13 (1) The 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 reasons

          (2) The 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 limits

        43.14 The 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 allowances

        43.15 Any 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 — region

        • 43.16 (1) An appeal is to be heard in the appellant’s region, except in the circumstances provided for in the regulations.

        • Appeal — persons present

          (2) An 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 private

          (3) All or part of a Board of Appeal hearing may be held in private in the circumstances provided for in the regulations.

      • Representation of party

        43.17 A party may, at their own expense, be represented by a representative of their choice.

      • Powers of Board of Appeal

        • 43.18 (1) Subject 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 Act

          (2) If 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 appeals

        • 43.19 (1) The 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 appeals

          (2) The Board of Appeal, on application, may reopen an appeal it has determined to be abandoned if it is satisfied that

          • (a) in making the determination, it failed to observe a principle of natural justice; or

          • (b) the 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 writing

          (3) The 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

    • 635 Subsection 44(2) of the Act is repealed.

  • — 2023, c. 26, s. 636

    • 636 Subsection 45(2) of the Act is replaced by the following:

      • Chairperson and Vice-chairpersons

        (2) The 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

    • 637 Subsections 46(2) and (3) of the Act are replaced by the following:

      • Members

        (2) Each 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.

      • Assignment

        (3) The Chairperson may assign members to hear matters in the Appeal Division or the General Division.

  • — 2023, c. 26, s. 638

    • 638 Section 47 of the Act is repealed.

  • — 2023, c. 26, s. 639

    • 639 Subsection 51(2) of the Act is replaced by the following:

      • Absence — other

        (2) If 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

    • 641 Subsection 52(1) of the Act is replaced by the following:

      • Appeal — time limit

        • 52 (1) An 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

    • 642 Section 54 of the Act is replaced by the following:

      • Decision

        • 54 (1) The 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.

        • Reasons

          (2) The 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

    • 643 The heading before section 55 of the Act is replaced by the following:

      Appeal to Tribunal — Appeal Division
      Decisions of Board of Appeal

  • — 2023, c. 26, s. 644

    • 644 The Act is amended by adding the following before section 55:

      • Appeal

        54.1 Any 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 limit

        • 54.2 (1) The 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.

        • Extension

          (2) The 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 appeal

        54.3 The only grounds of appeal of a decision made by the Board of Appeal are that

        • (a) the Board of Appeal failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;

        • (b) the Board of Appeal erred in law in making its decision, whether or not the error appears on the face of the record;

        • (c) 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; or

        • (d) a question of constitutional law remains to be determined.

      • New evidence — constitutional questions

        54.4 If 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.

      • Decision

        • 54.5 (1) The 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.

        • Reasons

          (2) The 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

    • 645 Sections 56 and 57 of the Act are replaced by the following:

      • Leave

        56 An 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 Section

        • 57 (1) An 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 Section

          (1.1) An 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.

        • Extension

          (2) The 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

    • 646 Sections 56 and 57 of the Act are replaced by the following:

      • Leave

        56 An 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 Division

        • 57 (1) An 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.

        • Extension

          (2) The 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

      • 647 (1) Subsection 58(1) of the Act is repealed.

      • (2) Subsection 58(2) of the Act is repealed.

  • — 2023, c. 26, s. 648

    • 648 Section 58.1 of the Act is replaced by the following:

      • Leave to appeal — General Division

        58.1 Leave to appeal a decision made by the General Division is to be granted if the application for leave to appeal

        • (a) raises 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;

        • (b) raises an arguable case that the General Division erred in law, in fact or in mixed law and fact, in making its decision; or

        • (c) sets out evidence that was not presented to the General Division.

  • — 2023, c. 26, s. 649

      • 649 (1) Subsection 58.2(1) of the Act is replaced by the following:

        • Decision — leave to appeal

          • 58.2 (1) The Appeal Division must either grant or refuse leave to appeal a decision made by the Income Security Section.

      • (2) Subsection 58.2(1) of the Act is replaced by the following:

        • Decision — leave to appeal

          • 58.2 (1) The Appeal Division must either grant or refuse leave to appeal a decision made by the General Division.

  • — 2023, c. 26, s. 650

    • 650 Section 58.3 of the Act is replaced by the following:

      • Hearing de novo — General Division

        58.3 An 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

      • 651 (1) Subsection 59(1) of the Act is replaced by the following:

        • Decision

          • 59 (1) The 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.

      • (2) Subsection 59(1) of the Act is replaced by the following:

        • Decision

          • 59 (1) The 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

    • 652 Section 67 of the Act is replaced by the following:

      • Time limits

        67 The 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

    • 653 The Act is amended by adding the following after section 68:

      • Access to documents and information by Appeal Division

        68.01 On 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

      • 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).

  • — 2023, c. 26, s. 668

    • 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.

  • — 2023, c. 26, s. 669

    • 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.

  • — 2023, c. 26, s. 670

    • 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.

  • — 2023, c. 26, s. 671

    • 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.

  • — 2023, c. 26, s. 672

    • 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.

  • — 2023, c. 26, s. 673

    • 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.

  • — 2023, c. 26, s. 674

    • Transfer of documents and information

      674 The 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

  • — 2023, c. 26, s. 676

  • — 2023, c. 26, s. 677

    • Employment Insurance Act

      677 Subsections 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 Act

      • 678 (1) Subsection 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 question

        (2) An 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.

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