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

AMENDMENTS NOT IN FORCE

• — 2018, c. 12, s. 270

  • • 270 (1) Subsection 5.1(1) of the Act is amended by adding the following after paragraph (a):

      • (a.1) provide electronic information transfer services to any partner entity authorized by the Governor in Council;

    • (2) Subsection 5.1(1) of the Act is amended by adding the following after paragraph (b):

      • (b.1) provide administration services relating to electronic or online accounts for any partner entity authorized by the Governor in Council;

• — 2023, c. 26, s. 635

  • 635 Subsection 44(2) of the Act is repealed.

• — 2023, c. 26, s. 636

  • 636 Subsection 45(2) of the Act is replaced by the following:

    • Chairperson and Vice-chairpersons

      (2) The Governor in Council designates one of the full-time members to hold office as the Chairperson and two full-time members to hold office as Vice-chairpersons, one of whom is responsible for the Appeal Division and one of whom is responsible for the General Division.

• — 2023, c. 26, s. 637

  • 637 Subsections 46(2) and (3) of the Act are replaced by the following:

    • Members

      (2) Each member exercises any powers and performs any duties and functions that the Vice-chairperson who is responsible for the Division for which they hear matters may assign.

    • Assignment

      (3) The Chairperson may assign members to hear matters in the Appeal Division or the General Division.

• — 2023, c. 26, s. 638

  • 638 Section 47 of the Act is repealed.

• — 2023, c. 26, s. 639

  • 639 Subsection 51(2) of the Act is replaced by the following:

    • Absence — other

      (2) If subsection (1) does not apply owing to the absence or incapacity of the Vice-chairperson of the Appeal Division, or if the office of Vice-chairperson of the Appeal Division is vacant, the Minister may authorize the Vice-chairperson of the General Division to act as Chairperson and that Vice-chairperson may exercise all the powers and perform all the duties and functions of the Chairperson.

• — 2023, c. 26, s. 641

  • 641 Subsection 52(1) of the Act is replaced by the following:

    • Appeal — time limit

      • 52 (1) An appeal of a decision must be brought to the General Division in the prescribed form and manner and within 90 days after the day on which the decision is communicated to the appellant.

• — 2023, c. 26, s. 642

  • 642 Section 54 of the Act is replaced by the following:

    • Decision

      • 54 (1) The General Division may dismiss the appeal or confirm, rescind or vary a decision of the Minister in whole or in part or give the decision that the Minister should have given.

      • Reasons

        (2) The General Division may give a decision orally or in writing and must give reasons. Copies of the decision and reasons, written or, in the case of an oral decision and reasons, reduced to writing, must be sent to the appellant, the Minister and any other party.

• — 2023, c. 26, s. 646

  • 646 Sections 56 and 57 of the Act are replaced by the following:

    • Leave

      56 An appeal to the Appeal Division of a decision made by the General Division may only be brought if leave to appeal is granted.

    • Appeal — General Division

      • 57 (1) An application for leave to appeal a decision made by the General Division must be made to the Appeal Division in the prescribed form and manner and within 90 days after the day on which the decision and reasons are communicated in writing to the appellant.

      • Extension

        (2) The Appeal Division may allow further time within which an application for leave to appeal is to be made, but in no case may an application be made more than one year after the day on which the decision and reasons are communicated in writing to the appellant.

• — 2023, c. 26, s. 647(1)

  • • 647 (1) Subsection 58(1) of the Act is repealed.

• — 2023, c. 26, s. 648

  • 648 Section 58.1 of the Act is replaced by the following:

    • Leave to appeal — General Division

      58.1 Leave to appeal a decision made by the General Division is to be granted if the application for leave to appeal

      • (a) raises an arguable case that the General Division failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;

      • (b) raises an arguable case that the General Division erred in law, in fact or in mixed law and fact, in making its decision; or

      • (c) sets out evidence that was not presented to the General Division.

• — 2023, c. 26, s. 649(2)

  • • 649 (2) Subsection 58.2(1) of the Act is replaced by the following:

      • Decision — leave to appeal

        • 58.2 (1) The Appeal Division must either grant or refuse leave to appeal a decision made by the General Division.

• — 2023, c. 26, s. 650

  • 650 Section 58.3 of the Act is replaced by the following:

    • Hearing de novo — General Division

      58.3 An appeal to the Appeal Division of a decision made by the General Division is to be heard and determined as a new proceeding.

• — 2023, c. 26, s. 651(2)

  • • 651 (2) Subsection 59(1) of the Act is replaced by the following:

      • Decision

        • 59 (1) The Appeal Division may dismiss the appeal, give the decision that the General Division should have given or confirm, rescind or vary the decision of the General Division in whole or in part.

• — 2023, c. 26, s. 655(3)

  • • 655 (3) Paragraph 69(f) of the Act is replaced by the following:

      • (f) anything that is to be prescribed by subsection 52(1), section 54.1, subsection 54.2(1), section 55 and subsection 57(1).

• — 2023, c. 26, s. 669

  • 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.

• — 2023, c. 26, s. 670

  • 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.

• — 2023, c. 26, s. 672

  • 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.

• — 2023, c. 26, s. 674

  • 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.

• — 2023, c. 26, s. 677

  • 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.

• — 2023, c. 26, s. 678(2)

  • • Ongoing application or question

      678 (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.