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

Act current to 2019-06-20 and last amended on 2018-06-21. Previous Versions

PART 5Social Security Tribunal (continued)

Establishment and Administration (continued)

Marginal note:Remuneration

  •  (1) Each member of the Tribunal is paid the remuneration fixed by the Governor in Council.

  • Marginal note:Expenses — full-time members

    (2) Each full-time member of the Tribunal is entitled to be paid reasonable travel and living expenses incurred by them while absent from their ordinary place of work in the course of performing their duties under this Act.

  • Marginal note:Expenses — part-time members

    (3) Each part-time member of the Tribunal is entitled to be paid reasonable travel and living expenses incurred by them while absent from their ordinary place of residence in the course of performing their duties under this Act.

  • Marginal note:Federal public administration

    (4) Members of the Tribunal are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

  • Marginal note:Not employed in public service

    (5) Unless the Governor in Council otherwise orders in a class of cases, members of the Tribunal are deemed not to be employed in the public service for the purposes of the Public Service Superannuation Act.

  • 2005, c. 34, s. 49
  • 2012, c. 19, s. 224

Marginal note:Immunity

 No civil proceedings lie against any member of the Tribunal for anything done or said in good faith in the exercise or purported exercise of a power or in the performance or purported performance of a duty or function of the Tribunal.

  • 2005, c. 34, s. 50
  • 2012, c. 19, s. 224

Marginal note:Absence — Chairperson

  •  (1) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-chairperson of the Appeal Division acts as Chairperson and may exercise all the powers and perform all the duties and functions of the Chairperson.

  • Marginal note: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 another Vice-chairperson to act as Chairperson and that Vice-chairperson may exercise all the powers and perform all the duties and functions of the Chairperson.

  • Marginal note:Absence — Vice-chairperson

    (3) In the event of the absence or incapacity of a Vice-chairperson or if the office of a Vice-chairperson is vacant, the Chairperson may authorize a member to act, on any terms and conditions that the Chairperson may specify, as Vice-chairperson for the time being.

  • 2005, c. 34, ss. 51, 82(E)
  • 2012, c. 19, s. 224

Organization of Tribunal

Appeal to Tribunal — General Division

Marginal note:Appeal — time limit

  •  (1) An appeal of a decision must be brought to the General Division in the prescribed form and manner and within,

    • (a) in the case of a decision made under the Employment Insurance Act, 30 days after the day on which it is communicated to the appellant; and

    • (b) in any other case, 90 days after the day on which the decision is communicated to the appellant.

  • Marginal note:Extension

    (2) The General Division may allow further time within which an appeal may 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.

  • 2005, c. 34, ss. 52, 82(E)
  • 2012, c. 19, s. 224

Marginal note:Dismissal

  •  (1) The General Division must summarily dismiss an appeal if it is satisfied that it has no reasonable chance of success.

  • Marginal note:Decision

    (2) The General Division must give written reasons for its decision and send copies to the appellant and the Minister or the Commission, as the case may be, and any other party.

  • Marginal note:Appeal

    (3) The appellant may appeal the decision to the Appeal Division.

  • 2005, c. 34, s. 53
  • 2012, c. 19, s. 224

Marginal note:Decision

  •  (1) The General Division may dismiss the appeal or confirm, rescind or vary a decision of the Minister or the Commission in whole or in part or give the decision that the Minister or the Commission should have given.

  • Marginal note:Reasons

    (2) The General Division must give written reasons for its decision and send copies to the appellant and the Minister or the Commission, as the case may be, and any other party.

  • 2005, c. 34, s. 54
  • 2012, c. 19, s. 224

Appeal Division

Marginal note:Appeal

 Any decision of the General Division may be appealed to the Appeal Division by any person who is the subject of the decision and any other prescribed person.

  • 2005, c. 34, s. 55
  • 2012, c. 19, s. 224

Marginal note:Leave

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

  • Marginal note:Exception

    (2) Despite subsection (1), no leave is necessary in the case of an appeal brought under subsection 53(3).

  • 2005, c. 34, s. 56
  • 2012, c. 19, s. 224

Marginal note:Appeal — time limit

  •  (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 it is communicated 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 is communicated 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 is communicated to the appellant.

  • 2005, c. 34, s. 57
  • 2012, c. 19, s. 224

Marginal note:Grounds of appeal

  •  (1) The only grounds of appeal are that

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

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

    • (c) the General Division 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.

  • Marginal note:Decision

    (3) The Appeal Division must either grant or refuse leave to appeal.

  • Marginal note:Reasons

    (4) The Appeal Division must give written reasons for its decision to grant or refuse leave and send copies to the appellant and any other party.

  • Marginal note:Leave granted

    (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.

  • 2005, c. 34, s. 58
  • 2012, c. 19, s. 224

Marginal note:Decision

  •  (1) The Appeal Division may dismiss the appeal, give the decision that the General Division should have given, refer the matter back to the General Division for reconsideration in accordance with any directions that the Appeal Division considers appropriate or confirm, rescind or vary the decision of the General Division in whole or in part.

  • Marginal note:Reasons

    (2) The Appeal Division must give written reasons for its decision and send copies to the appellant and any other party.

  • 2005, c. 34, s. 59
  • 2012, c. 19, s. 224
 
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