Budget Implementation Act, 2023, No. 1 (S.C. 2023, c. 26)

Marginal note:Part-time members

• 665 (1) Part-time members of the Tribunal who, immediately before the day on which section 635 comes into force, are assigned to hear matters in the Employment Insurance Section become part-time members of the Board of Appeal on that day.

• Marginal note:Full-time members

  (2) Full-time members of the Tribunal who, immediately before the day on which section 635 comes into force, are assigned to hear matters in the Employment Insurance Section are assigned to hear matters in the General Division on that day.

• Marginal note:Vice-chairperson

  (3) The Vice-chairperson of the Tribunal who, immediately before the day on which section 635 comes into force, is responsible for the Employment Insurance Section becomes a full-time regional coordinator of the Board of Appeal on that day.

• Marginal note:Power of Governor in Council

  (4) On the recommendation of the Minister of Employment and Social Development made after that Minister has consulted with the Chairperson of the Tribunal and the Executive Head of the Board of Appeal, the Governor in Council may make an order specifying that, on a day that is specified in the order and that is before the day on which section 635 comes into force,

  • (a) the Vice-chairperson who is responsible for the Employment Insurance Section becomes a full-time regional coordinator of the Board of Appeal; and

  • (b) a part-time member of the Tribunal who is assigned to hear matters in the Employment Insurance Section becomes a part-time member of the Board of Appeal.

Marginal note:Members of Board of Appeal

• 666 (1) Each member of the Board of Appeal referred to in subsection 665(1) or paragraph 665(4)(b)

  • (a) on becoming a member, ceases to be a member of the Tribunal;

  • (b) subject to paragraph (d), continues in office for the remainder of the term for which they were appointed as a member of the Tribunal;

  • (c) for that term, is deemed to be appointed under paragraph 43.03(1)(a) of the Department of Employment and Social Development Act;

  • (d) despite paragraph 43.03(1)(a) of that Act, holds office during good behaviour for that term and may be removed for cause by the Governor in Council at any time during that term; and

  • (e) on the expiry of that term, is eligible to be reappointed under that paragraph 43.03(1)(a) to hold office at pleasure.

• Marginal note:Regional coordinator of Board of Appeal

  (2) The regional coordinator of the Board of Appeal referred to in subsection 665(3) or paragraph 665(4)(a)

  • (a) on becoming a regional coordinator, ceases to be a member of the Tribunal;

  • (b) subject to paragraph (d), continues in office for the remainder of the term for which they were appointed as a member of the Tribunal;

  • (c) for that term, is deemed to be appointed under subsection 43.02(2) of the Department of Employment and Social Development Act;

  • (d) despite subsection 43.02(2) of that Act, holds office during good behaviour for that term and may be removed for cause by the Governor in Council at any time during that term; and

  • (e) on the expiry of that term, is eligible to be reappointed under that subsection 43.02(2) to hold office at pleasure.

• Marginal note:Part-time members — remuneration

  (3) On becoming a part-time member of the Board of Appeal and for the remainder of the term referred to in paragraph (1)(b), a former part-time member of the Tribunal who was assigned to hear matters in the Employment Insurance Section is entitled to remuneration that is no less than the remuneration that they received as a part-time member of the Tribunal.

• Marginal note:Vice-chairperson — remuneration

  (4) On becoming a regional coordinator of the Board of Appeal and for the remainder of the term referred to in paragraph (2)(b), a former Vice-chairperson of the Tribunal who was responsible for the Employment Insurance Section is entitled to the same remuneration as they received as Vice-chairperson.

Marginal note:No compensation

• 667 (1) Despite the provisions of any contract, agreement or order, no former member of the General Division, including the former Vice-chairperson responsible for the Employment Insurance Section, has any right to claim or receive any compensation, damages, indemnity or other form of relief from His Majesty in right of Canada or from any employee or agent of His Majesty for ceasing to hold office in the Tribunal, or for the abolition of that office, by the operation of this Division.

• Marginal note:No compensation — full-time members

  (2) Despite the provisions of any contract, agreement or order, no full-time member of the Tribunal who was assigned to hear matters in the Employment Insurance Section has any right to claim or receive any compensation, damages, indemnity or other form of relief from His Majesty in right of Canada or from any employee or agent of His Majesty for being assigned to hear matters in the General Division by the operation of this Division.

Marginal note:Application for leave to appeal

668 If an application for leave to appeal a decision made by the Employment Insurance Section is ongoing before the Appeal Division immediately before the day on which section 634 comes into force, the application for leave to appeal becomes a notice of appeal on that day. The notice of appeal is deemed to have been filed on the day on which the application for leave to appeal was filed.

Marginal note:Appeal of Employment Insurance Section decision

669 Any decision made by the Employment Insurance Section before the day on which section 635 comes into force may be appealed to the Appeal Division and sections 55, 57, 58 and 59 of the Department of Employment and Social Development Act, as those sections read on the day on which section 634 comes into force, apply in respect of the appeal.

Marginal note:Ongoing appeal of Employment Insurance Section decision

670 An appeal of a decision made by the Employment Insurance Section that is ongoing before the Appeal Division immediately before the day on which section 635 comes into force is to be dealt with in accordance with sections 57, 58 and 59 of the Department of Employment and Social Development Act, as those sections read on the day on which section 634 comes into force.

Marginal note:Question of constitutional law

671 The Appeal Division is not authorized under subsection 59(1) of the Department of Employment and Social Development Act, as it read on the day on which section 634 comes into force, to refer a question of constitutional law back to the Board of Appeal for reconsideration.

Marginal note:Ongoing appeal before Employment Insurance Section

672 An appeal that is ongoing before the Employment Insurance Section immediately before the day on which section 635 comes into force is deemed to be an appeal before the Board of Appeal under subsection 43.11(1) of the Department of Employment and Social Development Act on that day.

Marginal note:Board of Appeal access to documents and information

673 The Board of Appeal is entitled to access any documents and information of the Tribunal that are necessary for the Board of Appeal to decide an application or appeal.

Marginal note:Transfer of documents and information

674 The Tribunal must transfer to the Board of Appeal any documents and information that relate to appeals referred to in section 672.

Marginal note:Section 53 of Department of Employment and Social Development Act

675 Despite section 240 of the Budget Implementation Act, 2021, No. 1, if, on an appeal of a decision made by the Employment Insurance Section under section 53 of the Department of Employment and Social Development Act, as it read immediately before the day on which Division 20 of the Budget Implementation Act, 2021, No. 1 comes into force, the Appeal Division decides to refer a matter back to the Employment Insurance Section for reconsideration, the Appeal Division must refer the matter back to the Board of Appeal for reconsideration.

Marginal note:Section 241 of Budget Implementation Act, 2021, No. 1

• 676 (1) Section 241 of the Budget Implementation Act, 2021, No. 1 does not apply in respect of a decision in relation to the Employment Insurance Act under section 66 of the Department of Employment and Social Development Act, as it read immediately before the day on which Division 20 of the Budget Implementation Act, 2021, No. 1 comes into force, or in respect of an application under that section 66 in relation to the Employment Insurance Act that is ongoing immediately before the day on which section 634 comes into force.

• Marginal note:Section 66 of Department of Employment and Social Development Act

  (2) Any matter relating to a decision or an application referred to in subsection (1) is to be dealt with in accordance with section 66 of the Department of Employment and Social Development Act, as it read immediately before the day on which Division 20 of the Budget Implementation Act, 2021, No. 1 comes into force.

Marginal note:Employment Insurance Act

677 Subsections 114(1) and (2) of the Employment Insurance Act, as those subsections read on the day on which section 634 comes into force, continue to apply in relation to a claim for benefits that is allowed by the General Division before the day on which section 635 comes into force.

Marginal note:Labour Adjustment Benefits Act

• 678 (1) Subsection 13(7) of the Labour Adjustment Benefits Act, as it read immediately before the day on which section 634 comes into force, continues to apply — until the day on which section 635 comes into force — in respect of an application or a question that was referred to the General Division under subsection 13(6) of that Act before the day on which section 634 comes into force.

• Marginal note:Ongoing application or question

  (2) An application or a question that was referred to the General Division under subsection 13(6) of the Labour Adjustment Benefits Act and that is ongoing immediately before the day on which section 635 comes into force is deemed to be an application or a question referred to the Board of Appeal on that day.

Coming into Force

Marginal note:Order in council

• 679 (1) Sections 634 and 643 to 645, subsections 647(2), 649(1) and 651(1), sections 652 and 653, subsections 655(1) and (2), sections 656 to 662, subsections 663(1) and (3), sections 668, 671, 673, 675 and 676 and subsection 678(1) come into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Order in council

  (2) Sections 635 to 639, 641, 642 and 646, subsection 647(1), section 648, subsection 649(2), section 650, subsections 651(2), 655(3) and 663(2) and (4), sections 669, 670, 672, 674 and 677 and subsection 678(2) come into force on a day to be fixed by order of the Governor in Council, but that day must be after the day fixed under subsection (1).

DIVISION 392000, c. 9Canada Elections Act

Amendment to the Act

680 The Canada Elections Act is amended by adding the following after section 385.1: