Budget Implementation Act, 2023, No. 1 (S.C. 2023, c. 26)
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Assented to 2023-06-22
PART 4Various Measures (continued)
DIVISION 38Employment Insurance Board of Appeal (continued)
2005, c. 34; 2013, c. 40, s. 205Department of Employment and Social Development Act (continued)
649 (1) Subsection 58.2(1) of the Act is replaced by the following:
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 Income Security Section.
(2) Subsection 58.2(1) of the Act is replaced by the following:
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.
650 Section 58.3 of the Act is replaced by the following:
Marginal note: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.
651 (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 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:
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.
652 Section 67 of the Act is replaced by the following:
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), 54.5(1), 58.2(1) and 59(1).
653 The Act is amended by adding the following after section 68:
Marginal note: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.
654 The Act is amended by adding the following before section 69:
Marginal note:Commission
68.2 The Commission may, with the approval of the Governor in Council, make regulations with regard to the Board of Appeal respecting
(a) the quorum for a panel referred to in subsection 43.05(1);
(b) the appointment process for and conflicts of interest of members of the Board of Appeal referred to in paragraphs 43.03(1)(b) and (c);
(c) the circumstances in which a hearing may be held in private;
(d) the procedure to be followed on applications made or appeals brought to the Board of Appeal;
(e) the circumstances under which information is deemed to have been communicated or received;
(f) the time within which the Board of Appeal must make a decision under subsection 43.13(1);
(g) any special reasons for the purposes of section 43.14;
(h) any reasons for the purposes of section 43.15;
(i) the power to exclude any person from a hearing when oral evidence concerning a circumstance of sexual or other harassment is being given;
(j) the form and manner that is to be prescribed for the purposes of subsection 43.11(1);
(k) regions for the purposes of subsections 43.04(5) and 43.16(1);
(l) the circumstances for the purposes of subsection 43.16(1); and
(m) the circumstances for the purposes of subsection 43.16(2).
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:
(g.1) the Appeal Division of the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act, unless the decision is made under subsection 54.2(2) or 57(2) or section 58.2 of that Act or relates to an appeal respecting a decision relating to further time to make a request under subsection 43.11(2) or 52(2) of that Act, section 81 of the Canada Pension Plan, section 27.1 of the Old Age Security Act or section 112 of the Employment Insurance Act;
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:
Marginal note:Reference to Employment Insurance Board of Appeal
(6) The Commission may at any time within 14 days after receiving an application under subsection (1) refer the application or a question arising from it to the Employment Insurance Board of Appeal for a decision on it.
Marginal note:Proceedings before Employment Insurance Board of Appeal
(7) If an application or question is referred to the Employment Insurance Board of Appeal under subsection (6), the Employment Insurance Board of Appeal must conduct its proceedings in respect of that application or question in accordance with the procedure for appeals under the Department of Employment and Social Development Act.
659 Subsection 31(2) of the Act is replaced by the following:
Marginal note:Appeal of Commission decision
(2) Any person may, at any time within 30 days after the day a decision of the Commission under this Act, other than subsection 14(2) or (3), is communicated to them, or within any further time that the Commission may in any particular case for special reason allow, appeal to the Employment Insurance Board of Appeal.
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:
(ii) reimbursement of costs incurred in relation to a decision of the Canada Employment Insurance Commission under the Employment Insurance Act or to an appeal of such a decision to the Social Security Tribunal or the Employment Insurance Board of Appeal under the Department of Employment and Social Development Act,
661 Subparagraph 60(o)(ii) of the Act is replaced by the following:
(ii) a decision of the Canada Employment Insurance Commission under the Employment Insurance Act or to an appeal of such a decision to the Social Security Tribunal or the Employment Insurance Board of Appeal under the Department of Employment and Social Development Act,
1996, c. 23Employment Insurance Act
662 Section 113 of the Employment Insurance Act is replaced by the following:
Marginal note:Appeal to Employment Insurance Board of Appeal
113 A party who is dissatisfied with a decision of the Commission made under section 112, including a decision in relation to further time to make a request, may appeal the decision to the Employment Insurance Board of Appeal established under section 43.01 of the Department of Employment and Social Development Act.
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)
- Date modified: