Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)
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Assented to 2012-06-29
Marginal note:Appeals — Social Security Tribunal
268. The Appeal Division of the Social Security Tribunal is deemed to have granted leave to appeal on April 1, 2013 with respect to any appeal filed and not heard before April 1, 2013 under subsection 115(1) of the Employment Insurance Act, as it read immediately before the coming into force of section 247.
Marginal note:Request for reconsideration
269. (1) If no decision has been made before April 1, 2013 in respect of a request made under section 120 of the Employment Insurance Act as it read immediately before the coming into force of section 247, it is deemed to be an application made on April 1, 2013 under section 66 of the Department of Human Resources and Skills Development Act and is deemed to relate to a decision made, as the case may be, by
(a) the General Division of the Social Security Tribunal, in the case of a decision made by a board of referees; or
(b) the Appeal Division of the Social Security Tribunal, in the case of a decision made by an umpire.
Marginal note:Deeming
(2) An application made under section 66 of the Department of Human Resources and Skills Development Act after March 31, 2013 is deemed to relate to a decision made, as the case may be, by
(a) the General Division of the Social Security Tribunal, in the case of a decision made by a board of referees; or
(b) the Appeal Division of the Social Security Tribunal, in the case of a decision made by an umpire.
Marginal note:Continued application
270. The provisions of the Employment Insurance Act repealed by this Act, and their related regulations, continue to apply to appeals of which the board of referees or an umpire remains seized under this Act, with any necessary adaptations.
Consequential Amendments
R.S., c. A-1Access to Information Act
271. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Pension Appeals Board
Commission d’appel des pensions
R.S., c. F-7; 2002, c. 8, s.14Federal Courts Act
Marginal note:1990, c. 8, s. 8
272. (1) Paragraph 28(1)(d) of the Federal Courts Act is repealed.
(2) Subsection 28(1) of the Act is amended by adding the following after paragraph (f):
(g) the Appeal Division of the Social Security Tribunal established under section 44 of the Department of Human Resources and Skills Development Act, unless the decision is made under subsection 57(2) or section 58 of that Act or relates to an appeal brought under subsection 53(3) of that Act or an appeal respecting a decision relating to further time to make a request under subsection 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;
Marginal note:1990, c. 8, s. 8; 1996, c. 23, par. 187(c)
(3) Paragraph 28(1)(m) of the Act is repealed.
R.S., c. L-1Labour Adjustment Benefits Act
Marginal note:1996, c. 23, s. 177
273. (1) The definition “board of referees” 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:
“Social Security Tribunal”
« Tribunal de la sécurité sociale »
“Social Security Tribunal” means the Social Security Tribunal established under section 44 of the Department of Human Resources and Skills Development Act;
Marginal note:1996, c. 23, par. 187(f)
274. Subsections 13(6) and (7) of the Act are replaced by the following:
Marginal note:Reference to Social Security Tribunal
(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 General Division of the Social Security Tribunal for a decision on it.
Marginal note:Proceedings before Social Security Tribunal
(7) If an application or question is referred to the General Division of the Social Security Tribunal under subsection (6), the Tribunal must conduct its proceedings in respect of that application or question in accordance with the procedure for appeals under the Department of Human Resources and Skills Development Act.
Marginal note:1996, c. 23, par. 187(f)
275. Subsections 31(2) and (3) of the Act are 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 him or her, or within any further time that the Commission may in any particular case for special reason allow, appeal to the Social Security Tribunal.
R.S., c. P-21Privacy Act
276. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Pension Appeals Board
Commission d’appel des pensions
R.S., c. 1 (5th Supp.)Income Tax Act
277. (1) 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,
(2) Subsection (1) applies in respect of
(a) appeals to the Social Security Tribunal filed, and decisions made by the Canada Employment Insurance Commission, after March 2013; and
(b) appeals for which leave has been granted under section 267 or 268.
278. (1) 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,
(2) Subsection (1) applies in respect of
(a) appeals to the Social Security Tribunal filed, and decisions made by the Canada Employment Insurance Commission, after March 2013; and
(b) appeals for which leave has been granted under section 267 or 268.
1991, c. 30Public Sector Compensation Act
279. Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “OTHER PORTIONS OF THE PUBLIC SERVICE”:
Office of the Umpire
Bureau du juge-arbitre
Pension Appeals Board
Commission d’appel des pensions
280. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “OTHER PORTIONS OF THE PUBLIC SERVICE”:
Social Security Tribunal
Tribunal de la sécurité sociale
Coming into Force
Marginal note:April 1, 2013
281. (1) Sections 225 and 227 to 229, subsection 230(1), sections 231, 232, 235 and 236, subsection 237(1) and sections 240 to 244, 246 to 249 and 279 come into force on April 1, 2013.
Marginal note:April 1, 2014
(2) Sections 271 and 276 come into force on April 1, 2014.
Marginal note:May 1, 2014
(3) Subsections 272(1) and (3) come into force on May 1, 2014.
Division 7Consolidation of Privacy Codes
2005, c. 34Department of Human Resources and Skills Development Act
282. (1) The definition programme in subsection 30(1) of the French version of the Department of Human Resources and Skills Development Act is replaced by the following:
« programme »
“program”
programme Sauf au paragraphe (2), s’entend de tout programme dont la mise en oeuvre ou l’exécution relèvent du ministre ou de la Commission; y sont assimilées les lois, politiques ou activités dont la mise en oeuvre ou l’exécution relèvent de l’un ou de l’autre.
(2) Subsection 30(2) of the French version of the Act is replaced by the following:
Marginal note:Précision
(2) Pour l’application de la présente partie, toute mention du ministre vaut mention du ministre du Travail pour ce qui est des programmes, des lois, des politiques ou des activités dont la mise en oeuvre ou l’exécution relèvent de lui.
(3) Subsection 30(3) of the Act is repealed.
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