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

Act current to 2022-05-02 and last amended on 2021-06-29. 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;

  • — 2021, c. 23, s. 220

    • 220 Section 45 of the Department of Employment and Social Development Act is amended by adding the following after subsection (5):

      • Completion of ongoing matters

        (6) An individual who ceases to be a member for any reason other than removal may, at the request of the Chairperson, within 12 weeks after ceasing to be a member, carry out and complete any duties and functions that they would otherwise have had in connection with any matter that came before the Tribunal while they were still a member and in respect of which there was any proceeding in which they participated as a member. For that purpose, the person is deemed to be a part-time member.

  • — 2021, c. 23, s. 221

    • 221 The Act is amended by adding the following after section 45:

      • Chairperson
        • 45.1 (1) The Chairperson

          • (a) must take any action that is necessary to ensure that the members of the Tribunal carry out their duties and functions efficiently and without undue delay;

          • (b) may issue guidelines in writing to members of the Tribunal and identify decisions of the Tribunal as jurisprudential guides, to assist members in carrying out their duties; and

          • (c) may designate, from among the full-time members of the Tribunal, coordinating members to assist the Vice-chairpersons.

        • Rules

          (2) The Chairperson may, with the approval of the Minister, make rules respecting the procedure to be followed on applications made or appeals brought to the Tribunal.

        • Statutory Instruments Act

          (3) Guidelines issued by the Chairperson under paragraph (1)(b) are not statutory instruments for the purposes of the Statutory Instruments Act.

  • — 2021, c. 23, s. 222

    • 222 The Act is amended by adding the following after section 50:

      • Competence and compellability

        50.1 A member of the Tribunal is not competent or compellable to appear as a witness in any civil proceedings in respect of any matter coming to their knowledge in the course of the exercise of a power or in the performance of a duty or function of the Tribunal.

  • — 2021, c. 23, s. 223

    • 223 Subsection 52(2) of the French version of the Act is replaced by the following:

      • Délai supplémentaire

        (2) La division générale peut proroger le délai pour interjeter appel; cependant, cet appel ne peut en aucun cas être interjeté plus d’un an suivant la date où l’appelant a reçu communication de la décision.

  • — 2021, c. 23, s. 224

    • 224 Section 53 of the Act is repealed.

  • — 2021, c. 23, s. 225

    • 225 Subsection 54(2) of the Act is replaced by the following:

      • 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 and the Minister or the Commission, as the case may be, and any other party.

  • — 2021, c. 23, s. 226

    • 226 Subsection 56(2) of the Act is repealed.

  • — 2021, c. 23, s. 227

    • 227 Section 57 of the Act is replaced by the following:

      • 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.

        • 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.

  • — 2021, c. 23, s. 228

      • 228 (1) The portion of subsection 58(1) of the Act before paragraph (b) is replaced by the following:

        • 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;

      • (2) Paragraphs 58(1)(b) and (c) of the English version of the Act are replaced by the following:

        • (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.

      • (3) Subsections 58(3) to (5) of the Act are repealed.

  • — 2021, c. 23, s. 229

    • 229 The Act is amended by adding the following after section 58:

      • 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.

      • 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.

        • 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.

        • 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.

        • 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.

        • 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.

      • 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.

  • — 2021, c. 23, s. 230

      • 230 (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 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:

        • 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.

  • — 2021, c. 23, s. 231

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

      • 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.

      • Tribunal hearings

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

  • — 2021, c. 23, s. 232

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

      • Representation of party

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

  • — 2021, c. 23, s. 233

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

        • 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:

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

        • 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.

  • — 2021, c. 23, s. 234

      • 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.

  • — 2021, c. 23, s. 235

    • 235 Sections 66 to 68 of the Act are 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), 58.2(1) and 59(1).

      • 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.

      • 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.

  • — 2021, c. 23, s. 236

      • 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);

  • — 2021, c. 23, s. 238

    • 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)

  • — 2021, c. 23, s. 239

    • 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.

  • — 2021, c. 23, s. 240

    • 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.

      • 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.

      • 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).

      • 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.

  • — 2021, c. 23, s. 241

    • 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.

      • 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.

      • 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.

      • 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.

      • 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.

      • 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.

  • — 2021, c. 23, s. 242

    • 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.

      • 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.

      • 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.

      • 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.

      • 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.

      • 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.

  • — 2021, c. 23, s. 243

    • 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.

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