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

Act current to 2022-11-16 and last amended on 2021-06-29. Previous Versions

PART 5Social Security Tribunal (continued)

Organization of Tribunal (continued)

Appeal Division (continued)

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

General

Marginal note:Head office

  •  (1) The head office of the Tribunal is in the National Capital Region described in the schedule to the National Capital Act or at any other place within Canada that may be designated by the Governor in Council.

  • Marginal note:Residence

    (2) The Chairperson and the Vice-chairpersons must reside within the distance from the place referred to in subsection (1) that is determined by the Governor in Council.

  • 2005, c. 34, s. 60
  • 2012, c. 19, s. 224

Marginal note:Services and facilities

  •  (1) The Minister may provide the Chief Administrator of the Administrative Tribunals Support Service of Canada with any administrative services and facilities that are necessary to enable him or her to provide support services and facilities to the Tribunal.

  • Marginal note:Spending authority

    (2) The Minister may spend revenues obtained from the provision of services and facilities to the Chief Administrator, in the fiscal year in which they are received or, unless an appropriation Act provides otherwise, in the next fiscal year.

  • 2014, c. 20, s. 466

Marginal note:Tribunal sittings

 Every application to the Tribunal is to be heard before a single member.

  • 2005, c. 34, ss. 61, 83
  • 2012, c. 19, s. 224

Marginal note:Tribunal hearings

 All or part of a Tribunal hearing may be held in private if the Tribunal is of the opinion that the circumstances of the case so require.

  • 2005, c. 34, s. 62
  • 2012, c. 19, s. 224

Marginal note:Expenses and allowances

  •  (1) Any party who is required to attend a hearing may, if the Chairperson in any particular case for special reasons considers it warranted, be reimbursed for their travel or living expenses up to the amounts determined by the Chief Administrator of the Administrative Tribunals Support Service of Canada, or be paid any allowance, including compensation for lost remuneration, in accordance with the rates fixed by that Chief Administrator.

  • Marginal note:Payments

    (2) Any amount to be paid under subsection (1) may be paid out of moneys appropriated by Parliament for the expenditures of the Administrative Tribunals Support Service of Canada.

  • 2005, c. 34, s. 63
  • 2012, c. 19, s. 224
  • 2014, c. 20, s. 467

Marginal note:Powers of tribunal

  •  (1) The Tribunal may decide any question of law or fact that is necessary for the disposition of any application made under this Act.

  • Marginal note:Canada Pension Plan

    (2) Despite subsection (1), in the case of an application relating to the Canada Pension Plan, the Tribunal may only decide questions of law or fact as to

    • (a) whether any benefit is payable to a person or its amount;

    • (b) whether any person is eligible for a division of unadjusted pensionable earnings or its amount;

    • (c) whether any person is eligible for an assignment of a contributor’s retirement pension or its amount; and

    • (d) whether a penalty should be imposed under Part II of that Act or its amount.

  • Marginal note:Employment Insurance Act

    (3) If a question specified in section 90 of the Employment Insurance Act arises in the consideration of an application, it must be determined by an authorized officer of the Canada Revenue Agency, as provided by that section.

  • 2005, c. 34, s. 64
  • 2012, c. 19, s. 224, c. 31, s. 204

Marginal note:Canada Pension Plan

 If, in the Minister’s opinion, a person in addition to the appellant may be directly affected by the decision of the Tribunal relating to any of the following appeals, the Minister must notify the Tribunal of all such persons, and the Tribunal must add as a party to the appeal any such person who is not already a party to it:

  • (a) an appeal in respect of a survivor’s pension payable to the survivor of a deceased contributor within the meaning of the Canada Pension Plan;

  • (b) an appeal in respect of a division of unadjusted pensionable earnings under section 55, 55.1 or 55.2 of the Canada Pension Plan; or

  • (c) an appeal in respect of an assignment of a contributor’s retirement pension under section 65.1 of the Canada Pension Plan.

  • 2005, c. 34, s. 65
  • 2012, c. 19, s. 224

Marginal note:Amendment of decision

  •  (1) The Tribunal may rescind or amend a decision given by it in respect of any particular application if

    • (a) in the case of a decision relating to the Employment Insurance Act, new facts are presented to the Tribunal or the Tribunal is satisfied that the decision was made without knowledge of, or was based on a mistake as to, some material fact; or

    • (b) in any other case, a new material fact is presented that could not have been discovered at the time of the hearing with the exercise of reasonable diligence.

  • Marginal note:Time limit

    (2) An application to rescind or amend a decision must be made within one year after the day on which a decision is communicated to the appellant.

  • Marginal note:Limit

    (3) Each person who is the subject of a decision may make only one application to rescind or amend that decision.

  • Marginal note:Division

    (4) A decision is rescinded or amended by the same Division that made it.

  • 2005, c. 34, s. 66
  • 2012, c. 19, s. 224

Marginal note:Time limits

 The Chairperson or a Vice-Chairperson may in any particular case for special reasons extend the time within which the Tribunal is required by regulation to make a decision under subsections 54(1), 58(3) and 59(1).

  • 2005, c. 34, s. 67
  • 2012, c. 19, s. 224

Marginal note:Decision final

 The decision of the Tribunal on any application made under this Act is final and, except for judicial review under the Federal Courts Act, is not subject to appeal to or review by any court.

  • 2005, c. 34, ss. 68, 83
  • 2012, c. 19, s. 224

Regulations

Marginal note:Governor in Council

 The Governor in Council may make regulations respecting the manner in which the Tribunal may conduct its business, including regulations respecting

  • (a) the procedure to be followed on appeals to the Tribunal;

  • (b) the circumstances under which information is deemed to have been communicated or received;

  • (c) the time within which the Tribunal must make a decision under subsections 54(1), 58(3) and 59(1);

  • (d) any special reasons for the purposes of section 63;

  • (e) the power to exclude any person from a hearing when oral evidence concerning a circumstance of sexual or other harassment is being given; and

  • (f) anything that, by this Part, is to be prescribed by regulation.

  • 2005, c. 34, ss. 69, 83
  • 2012, c. 19, s. 224

Marginal note:Regulations — electronic documents and electronic information

  •  (1) The Governor in Council may, for the purposes of this Part, make regulations referred to in paragraphs 73(1)(c), (d) and (f).

  • Marginal note:Regulations — definitions

    (2) The Governor in Council may, for the purposes of regulations made under subsection (1), make regulations defining electronic, electronic document, electronic information, electronic signature and technology.

  • Marginal note:Incorporation by reference

    (3) Subsections 73(2) to (5) apply to regulations made under this section.

  • 2005, c. 34, s. 70
  • 2012, c. 19, s. 224

PART 6Electronic Administration or Enforcement

Marginal note:Application

 This Part applies to any Act, program or activity whose administration or enforcement is the responsibility of the Minister, the Minister of Labour or the Commission.

  • 2013, c. 40, s. 211
  • 2014, c. 20, s. 485
  • 2018, c. 12, s. 279

Marginal note:Powers

  •  (1) Subject to the regulations, if the Minister, the Minister of Labour or the Commission is responsible for an Act, program or activity, that responsible Minister or Commission may administer or enforce it electronically, including for the purposes of

    • (a) creating, communicating, making available, collecting, receiving, storing, or managing or otherwise dealing with documents or information;

    • (b) providing any services, benefits or other assistance;

    • (c) providing notifications;

    • (d) verifying the identity of a person or entity;

    • (e) entering into agreements or arrangements; and

    • (f) making, receiving or verifying an electronic signature.

  • Marginal note:Restriction

    (2) The Minister and the Commission must not require persons or entities to apply electronically for, or receive electronically, services, benefits or other assistance except for classes of persons or entities and those services, benefits or other assistance that are prescribed by the regulations.

  • 2005, c. 34, ss. 71, 83
  • 2012, c. 19, s. 224
  • 2013, c. 40, s. 212
  • 2017, c. 26, s. 51
  • 2018, c. 12, s. 280

Marginal note:Electronic manner of filing documents

  •  (1) Unless another manner of filing a document or information is expressly required by a provision of an Act or a regulation, or by a term or condition of a program, the filing of an electronic version of the document or information is to be considered as the filing of a document or information in accordance with the provision or the term or condition.

  • Marginal note:Power to prescribe form or manner of filing

    (2) A provision of an Act or a regulation, or a term or condition of a program, that provides for a power to issue, prescribe or in any other manner establish a form or to establish the manner of filing a document or information includes the power to do so with respect to an electronic document or information.

  • Marginal note:Written documents or information

    (3) A requirement under a provision of an Act or a regulation, or a term or condition of a program, that a document be in writing or information be provided in writing is satisfied by an electronic document or information if the electronic document or information

    • (a) is readable or perceivable so as to be usable for subsequent reference;

    • (b) is in a format that does not prevent it from being retained by the recipient; and

    • (c) meets the prescribed requirements, if any.

  • Marginal note:Signatures

    (4) A requirement under a provision of an Act or a regulation, or a term or condition of a program, to provide a signature is satisfied by an electronic signature if the electronic signature

    • (a) is reliable for the purposes for which it is required;

    • (b) is reliably linked with the electronic document in respect of which the signature is required; and

    • (c) meets the prescribed requirements, if any.

  • Marginal note:Meaning of filing

    (5) In this section, filing includes all manner of transmitting, regardless of how it is designated.

  • 2005, c. 34, s. 72
  • 2012, c. 19, s. 224
  • 2013, c. 40, s. 213
  • 2018, c. 12, s. 281

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations

    • (a) providing for circumstances in which subsection 71(1) does not apply;

    • (b) defining, enlarging or restricting the meaning of any word or expression used but not defined in this Part;

    • (c) respecting the creation, communication, making available, collection, reception, storage or management of, or any other method of dealing with, electronic documents or electronic information, and their admissibility in any proceedings, including establishing

      • (i) criteria for the reliability of electronic documents, electronic information or electronic signatures,

      • (ii) the date and hour when an electronic document or electronic information is deemed to be sent or received and the place where it is deemed to be sent or received,

      • (iii) the technology to be used and process to be followed for making, receiving or verifying an electronic signature, and

      • (iv) whether an electronic document must be signed with an electronic signature;

    • (d) establishing criteria for the validity of an agreement or arrangement entered into electronically;

    • (e) respecting terms and conditions for providing or receiving electronically services, benefits or other assistance, including the payment of amounts electronically;

    • (f) respecting the technology to be used and the process to be followed for verifying electronically the identity of any person or entity;

    • (g) respecting the establishment and operation of electronic systems or any other technology to be used in the administration or enforcement of an Act or regulation to which this Part applies or in the administration or enforcement of a program or activity to which this Part applies, and respecting the manner in which and the extent to which any provision of that Act or regulation, or any term or condition of that program applies to the electronic systems; and

    • (h) prescribing anything that by this Part is to be prescribed.

  • Marginal note:Incorporation by reference

    (2) A regulation made under this section may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.

  • Marginal note:Accessibility

    (3) The Minister, the Minister of Labour or the Commission, as the case may be, shall ensure that any document that is incorporated by reference in a regulation in respect of which the administration or the enforcement is their responsibility is accessible.

  • Marginal note:Defence

    (4) A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in the regulation is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (3) or it was otherwise accessible to the person.

  • Marginal note:No registration or publication

    (5) For greater certainty, a document that is incorporated by reference in the regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

  • 2005, c. 34, s. 73
  • 2012, c. 19, s. 224
  • 2013, c. 40, s. 214
  • 2018, c. 12, s. 282
 
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