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

Marginal note:Leave

• 56 (1) An appeal to the Appeal Division may only be brought if leave to appeal is granted.

• (2) [Repealed, 2021, c. 23, s. 226]

Marginal note:Appeal — time limit

• 57 (1) An application for leave to appeal must be made to the Appeal Division in the prescribed form and manner and within

  • (a) in 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; and

  • (b) in 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.

• Marginal note: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.

Marginal note:Grounds of appeal — Employment Insurance Section

• 58 (1) The only grounds of appeal of a decision made by the Employment Insurance Section are that the Section

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

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

  • (c) 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.

• Marginal note:Criteria

  (2) Leave to appeal is refused if the Appeal Division is satisfied that the appeal has no reasonable chance of success.

• (3) [Repealed, 2021, c. 23, s. 228]

• (4) [Repealed, 2021, c. 23, s. 228]

• (5) [Repealed, 2021, c. 23, s. 228]

Marginal note:Leave to appeal — Income Security Section

58.1 Leave to appeal a decision made by the Income Security Section is to be granted if the application for leave to appeal

• (a) raises an arguable case that the Section 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 Section 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 Section.

Marginal note: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.

• Marginal note:Leave refused

  (2) If 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.

• Marginal note:Leave granted

  (3) If 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.

• Marginal note:Judicial review

  (4) The 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.

• Marginal note:Notice of appeal

  (5) If 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.

Marginal note:Hearing de novo — Income Security Section

58.3 An appeal to the Appeal Division of a decision made by the Income Security Section is to be heard and determined as a new proceeding.

Marginal note: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 Employment Insurance Section for reconsideration in accordance with any directions that the Appeal Division considers appropriate.

• Marginal note: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.

General

Marginal note:Head office

• 60 (1) The 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.

• Marginal note:Residence

  (2) The 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.

Marginal note:Services and facilities

• 60.1 (1) The 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.

• Marginal note:Spending authority

  (2) The 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.

Marginal note:Tribunal sittings

61 Every 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.

Marginal note:Tribunal hearings

62 All or part of a Tribunal hearing may be held in private in the circumstances provided for in the regulations.

Marginal note:Expenses and allowances

• 63 (1) Any 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.

• Marginal note:Payments

  (2) Any 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.

Marginal note:Representation of party

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

Marginal note:Powers of tribunal

• 64 (1) The 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.

• Marginal note:Canada Pension Plan

  (2) Despite 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 to

  • (a) whether any benefit is payable to a person or its amount;

  • (b) whether any person is eligible for a division of unadjusted pensionable earnings or its amount;

  • (c) whether any person is eligible for an assignment of a contributor’s retirement pension or its amount; and

  • (d) whether a penalty should be imposed under Part II of that Act or its amount.

• Marginal note:Employment Insurance Act

  (3) 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.

Marginal note:Canada Pension Plan

65 If, 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:

• (a) 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;

• (a.1) 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;

• (a.2) 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;

• (a.3) 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;

• (b) an appeal in respect of a division of unadjusted pensionable earnings under section 55, 55.1 or 55.2 of the Canada Pension Plan;

• (c) an appeal in respect of an assignment of a contributor’s retirement pension under section 65.1 of the Canada Pension Plan;

• (d) 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; or

• (e) an 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.

66 [Repealed, 2021, c. 23, s. 235]

Marginal note: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), 58.2(1) and 59(1).

Marginal note:Decision final

68 The 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.

Marginal note:Annual report

68.1 The 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.

Regulations

Marginal note:Governor in Council

69 The Governor in Council may make regulations respecting the manner in which the Tribunal may conduct its business, including regulations respecting

• (a) the procedure to be followed on applications made or appeals brought to the Tribunal;

• (a.1) the circumstances in which a hearing may be held in private;

• (b) the circumstances under which information is deemed to have been communicated or received;

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

• (d) any special reasons for the purposes of section 63;

• (e) the power to exclude any person from a hearing when oral evidence concerning a circumstance of sexual or other harassment is being given; and

• (f) anything that, by this Part, is to be prescribed by regulation.