229Â The Act is amended by adding the following after section 58:
Marginal note:Leave to appeal — Income Security Section
58.1Â Leave to appeal a decision made by the Income Security Section is to be granted if the application for leave to appeal
(a)Â 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)Â raises an arguable case that the Section erred in law, in fact or in mixed law and fact, in making its decision; or
(c)Â sets out evidence that was not presented to the Section.
Marginal note:Decision — leave to appeal
58.2Â (1)Â The Appeal Division must either grant or refuse leave to appeal a decision made by the General Division.
Marginal note:Leave refused
(2)Â 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)Â 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)Â 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)Â 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
58.3Â 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.