Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)
Full Document:
Assented to 2012-06-29
237. (1) Section 34 of the Act is amended by adding the following after paragraph (m):
(m.1) setting out the circumstances in which the Minister may allow a longer period to make a request under subsection 27.1(1) or (1.1);
Marginal note:2007, c. 11, s. 26(2)
(2) Section 34 of the Act is amended by adding “and” at the end of paragraph (p) and by repealing paragraphs (r) and (s).
Marginal note:2007, c. 11, s. 27
238. Section 34.1 of the Act is repealed.
Marginal note:2007, c. 11, s. 35
239. Section 46.1 of the Act is repealed.
1996, c. 23Employment Insurance Act
240. The definitions “board of referees” and “umpire” in subsection 2(1) of the Employment Insurance Act are repealed.
241. Subsection 24(2) of the Act is replaced by the following:
Marginal note:No appeal
(2) A special or general direction of the Commission approving or disapproving a work sharing agreement for the purposes of subsection (1) is not subject to review under section 112.
242. Subsection 25(2) of the Act is replaced by the following:
Marginal note:No appeal
(2) A decision of the Commission about the referral of a claimant to a course, program or other employment activity mentioned in subsection (1) is not subject to review under section 112.
243. Subsections 52(1) and (2) of the Act are replaced by the following:
Marginal note:Reconsideration of claim
52. (1) Despite section 111, but subject to subsection (5), the Commission may reconsider a claim for benefits within 36 months after the benefits have been paid or would have been payable.
Marginal note:Decision
(2) If the Commission decides that a person has received money by way of benefits for which the person was not qualified or to which the person was not entitled, or has not received money for which the person was qualified and to which the person was entitled, the Commission must calculate the amount of the money and notify the claimant of its decision.
244. Section 64 of the Act is replaced by the following:
Marginal note:No appeal
64. A decision of the Commission made in relation to employment benefits or support measures, other than a decision under section 65.1, is not subject to review under section 112.
245. Subsection 77(1) of the Act is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f):
(g) the costs of administering Part 5 of the Department of Human Resources and Skills Development Act in respect of appeals respecting this Act.
246. The Act is amended by adding the following after section 90:
Marginal note:Determination of questions
90.1 If a question specified in section 90 arises in the consideration of a claim for benefits, a ruling must be made by an authorized officer of the Canada Revenue Agency, as set out in that section.
Marginal note:1999, c. 31, s. 81(F); 2002, c. 8, s. 135 and par. 182(1)(o); 2005, c. 38, subpar. 138(g)(viii)
247. The heading “Board of Referees” before section 111 and sections 111 to 123 of the Act are replaced by the following:
Administrative Review
Marginal note:Rescission or amendment of decision
111. The Commission may rescind or amend a decision given in any particular claim for benefits if new facts are presented or if it is satisfied that the decision was given without knowledge of, or was based on a mistake as to, some material fact.
Marginal note:Reconsideration — Commission
112. (1) A claimant or other person who is the subject of a decision of the Commission, or the employer of the claimant, may make a request to the Commission in the prescribed form and manner for a reconsideration of that decision at any time within
(a) 30 days after the day on which a decision is communicated to them; or
(b) any further time that the Commission may allow.
Marginal note:Reconsideration
(2) The Commission must reconsider its decision if a request is made under subsection (1).
Marginal note:Regulations
(3) The Governor in Council may make regulations setting out the circumstances in which the Commission may allow a longer period to make a request under subsection (1).
Marginal note:Appeal to Social Security Tribunal
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 Social Security Tribunal established under section 44 of the Department of Human Resources and Skills Development Act.
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 Human Resources and Skills Development Act, benefits are payable in accordance with the decision of the Tribunal even though an appeal is pending, and any benefits paid under this section after the Tribunal’s decision 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.
Marginal note:Exception
(2) Subsection (1) does not apply
(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 was given and on the ground that the claimant ought to be disentitled under section 36; and
(b) in any other case that the Commission may, with the approval of the Governor in Council, prescribe by regulation.
Marginal note:Regulations
115. The Commission may, with the approval of the Governor in Council, make regulations prescribing the procedure to be followed in the reconsideration of decisions under section 112.
248. Subsection 125(15) of the Act is repealed.
249. Section 129 of the Act is replaced by the following:
Marginal note:Privilege
129. When an employer, claimant or other person gives the Commission written, oral or documentary evidence required for the proper determination of the entitlement of a claimant to benefits, the giving of the evidence is an occasion of qualified privilege.
250. Section 143 of the Act and the heading before it are repealed.
Transitional Provisions
Interpretation and General
Marginal note:Definitions
251. The following definitions apply in sections 252 to 270.
“board of referees”
« conseil arbitral »
“board of referees” means a board of referees established under Part VI of the Employment Insurance Act, as it read immediately before the coming into force of section 247.
“Pension Appeals Board”
« Commission d’appel des pensions »
“Pension Appeals Board” means the Pension Appeals Board established under section 83 of the Canada Pension Plan, as it read immediately before the coming into force of section 229.
“Review Tribunal”
« tribunal de révision »
“Review Tribunal” means a Review Tribunal established under section 82 of the Canada Pension Plan, as it read immediately before the coming into force of section 229.
“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.
“umpire”
« juge-arbitre »
“umpire” means an umpire appointed under Part VI of the Employment Insurance Act, as it read immediately before the coming into force of section 247.
Marginal note:Information
252. The Pension Appeals Board, a Review Tribunal, a board of referees or an umpire must transfer to the Social Security Tribunal any information under their control that either relates to an application of which that Tribunal is seized or that the Governor in Council has, by regulation, prescribed.
Canada Pension Plan
Marginal note:Review Tribunal
253. (1) The members of a Review Tribunal referred to in subsection 255(1) continue to hold office until the earlier of the end of the term for which they were appointed and April 1, 2014.
Marginal note:No compensation
(2) Despite the provisions of any contract, agreement or order, no person appointed to hold office as a member of the Review Tribunal, other than the Commissioner of Review Tribunals and the Deputy Commissioner of Review Tribunals, has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.
Marginal note:Earlier date
(3) For the purposes of subsection (1), the Governor in Council may, by order, fix a day earlier than April 1, 2014.
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