Budget Implementation Act, 2021, No. 1 (S.C. 2021, c. 23)

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

  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.

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

  • 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.

231 Sections 61 and 62 of the Act are replaced by the following:

232 The Act is amended by adding the following after section 63:

• 233 (1) Subsection 64(1) of the Act is replaced by the following:

  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.

• (2) The portion of subsection 64(2) of the Act before paragraph (a) is replaced by the following:

  • 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

• (3) Subsection 64(3) of the Act is replaced by the following:

  • 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.

• 234 (1) Section 65 of the Act is amended by adding the following after paragraph (a):

  • (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;

• (2) Section 65 of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after paragraph (c):

  • (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.

235 Sections 66 to 68 of the Act are replaced by the following:

• 236 (1) Paragraph 69(a) of the Act is replaced by the following:

  • (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;

• (2) 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), 58.2(1) and 59(1);

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

237 Paragraph 28(1)(g) of the Federal Courts Act, as enacted by subsection 272(2) of the Jobs, Growth and Longterm Prosperity Act, is replaced by the following:

Transitional Provisions

Marginal note:Definitions

238 The following definitions apply in this section and sections 239 to 243.

Appeal Division

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

former Act

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

General Division means the General Division of the Tribunal. (division générale)

Income Security Section

Income Security Section means the Income Security Section of the General Division of the Tribunal. (section de la sécurité du revenu)

new Act

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

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

Marginal note:Clarification — immediate application

239 For 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.

Marginal note:Time limit for appeals — summary dismissal

• 240 (1) An 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.

• Marginal note:Appeals — summary dismissal

  (2) An 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.

• Marginal note:Federal Court

  (3) Despite 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).

• Marginal note:Judicial review

  (4) If, 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.

Marginal note:Applications under section 66 of former Act

• 241 (1) An 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.

• Marginal note:Referral back to General Division

  (2) If, 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.

• Marginal note:Applications for leave to appeal — decision under section 66 of former Act

  (3) An 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.

• Marginal note:Appeals — decisions under section 66 of former Act

  (4) If 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.

• Marginal note:Judicial review — leave to appeal

  (5) If, 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.

• Marginal note:Judicial review — appeals

  (6) If, 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.

Marginal note:Applications for leave to appeal — Income Security Section

• 242 (1) An 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.

• Marginal note:Ongoing appeals

  (2) An 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.

• Marginal note:Federal Court — before coming into force

  (3) In 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.

• Marginal note:Federal Court — after coming into force

  (4) In 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.

• Marginal note:Federal Court of Appeal — before coming into force

  (5) In 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.

• Marginal note:Federal Court Appeal — after coming into force

  (6) In 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.

Marginal note:Interpretation of consequential amendment to Federal Courts Act

243 For 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.

Coming into Force

Marginal note:Order in council

244 This Division comes into force on a day to be fixed by order of the Governor in Council.

DIVISION 21R.S., c. L-2Canada Labour Code (Equal Remuneration Protection)

• 245 (1) Paragraphs 47.3(1)(a) and (b) of the Canada Labour Code are replaced by the following:

  • (a) provided services at an airport to another employer, or to a person acting on behalf of that other employer, in an industry referred to in paragraph (e) of the definition federal work, undertaking or business in section 2;

  • (b) provided prescribed services to another employer, or to a person acting on behalf of that other employer, in a prescribed industry; or

  • (c) provided prescribed services at a prescribed location to another employer, or to a person acting on behalf of that other employer, in a prescribed industry.

• (2) Section 47.3 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Regulations

    (3) The Governor in Council may, on the Minister’s recommendation, make regulations prescribing anything that is to be prescribed under subsection (1).