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

Marginal note:Jurisdiction — Canada Disability Benefit Act

• 66 (1) Subject to subsection (2), the Tribunal may decide any question of law or fact that is necessary to dispose of any appeal brought under the Canada Disability Benefit Act.

• Marginal note:Reference as to income

  (2) If, on an appeal to the Tribunal, it is a ground of the appeal that a decision or determination made by the Minister as to income under the Canada Disability Benefit Act was incorrectly made, the appeal on that ground must, in accordance with the regulations made under that Act, be referred for decision to the Tax Court of Canada, whose decision, subject only to variation by that Court in accordance with any decision on an appeal under the Tax Court of Canada Act relevant to the appeal to the Tribunal, is final and binding for all purposes of the appeal to the Tribunal except in accordance with the Federal Courts Act.

Marginal note:Time limits

67 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), 54.5(1), 58.2(1) and 59(1).

Marginal note:Decision final

68 The decision of the Tribunal on any application made or appeal brought 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.

Marginal note:Access to documents and information by Appeal Division

68.01 On the request of the Appeal Division, the Board of Appeal must provide the Appeal Division with any documents and information that are necessary for the Appeal Division to decide an application or appeal.

Marginal note:Annual report

68.1 The Chairperson must, within three months after the end of each fiscal year, submit to the Minister a report on the Tribunal’s performance during that fiscal year.

Regulations

Marginal note:Commission

68.2 The Commission may, with the approval of the Governor in Council, make regulations with regard to the Board of Appeal respecting

• (a) the quorum for a panel referred to in subsection 43.05(1);

• (b) the appointment process for and conflicts of interest of members of the Board of Appeal referred to in paragraphs 43.03(1)(b) and (c);

• (c) the circumstances in which a hearing may be held in private;

• (d) the procedure to be followed on applications made or appeals brought to the Board of Appeal;

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

• (f) the time within which the Board of Appeal must make a decision under subsection 43.13(1);

• (g) any special reasons for the purposes of section 43.14;

• (h) any reasons for the purposes of section 43.15;

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

• (j) the form and manner that is to be prescribed for the purposes of subsection 43.11(1);

• (k) regions for the purposes of subsections 43.04(5) and 43.16(1);

• (l) the circumstances for the purposes of subsection 43.16(1); and

• (m) the circumstances for the purposes of subsection 43.16(2).

Marginal note:Governor in Council

69 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 applications made or appeals brought to the Tribunal;

• (a.1) the circumstances in which a hearing may be held in private;

• (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), 54.5(1), 58.2(1) 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 is to be prescribed by subsection 52(1), section 54.1, subsection 54.2(1), section 55 and subsections 57(1) and (1.1).

Marginal note:Regulations — electronic documents and electronic information

• 70 (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.

PART 6Electronic Administration or Enforcement

Marginal note:Application

70.1 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.

Marginal note:Powers

• 71 (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.

Marginal note:Electronic manner of filing documents

• 72 (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.

Marginal note:Regulations

• 73 (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.

74 [Repealed, 2012, c. 19, s. 224]

75 [Repealed, 2012, c. 19, s. 224]

76 [Repealed, 2012, c. 19, s. 224]

77 [Repealed, 2012, c. 19, s. 224]

78 [Repealed, 2012, c. 19, s. 224]

79 [Repealed, 2012, c. 19, s. 224]

80 [Repealed, 2012, c. 19, s. 224]

81 [Repealed, 2012, c. 19, s. 224]

82 [Repealed, 2012, c. 19, s. 224]

83 [Repealed, 2012, c. 19, s. 224]

84 [Repealed, 2012, c. 19, s. 224]