Bill C-37: An Act to amend the Department of Employment and Social Development Act and to make consequential amendments to other Acts (Employment Insurance Board of Appeal)

2005, c. 34; 2013, c. 40, s. 205 Department of Employment and Social Development Act 1 Section 2 of the Department of Employment and Social Development Act is amended by adding the following in alphabetical order: Board of Appeal  means the Employment Insurance Board of Appeal established under section 43.01. ( Conseil d’appel ) Department of Employment and Social Development Act Clause 1 : New. 2012, c. 19, s. 224 2 The headings “Social Security Tribunal” and “Establishment and Administration” before section 44 of the Act are replaced by the following: Board of Appeal and Social Security Tribunal Board of Appeal Establishment and Administration Clause 2 : Existing text of the headings: Social Security Tribunal Establishment and Administration 3 The Act is amended by adding the following before section 44: Establishment of Board of Appeal 43. 01 The Employment Insurance Board of Appeal is established. Appointment — Executive Head 43.02 (1) The Executive Head of the Board of Appeal is to be appointed by the Governor in Council, on the recommendation of the Minister after consultation by the Minister with the Commission, to hold office during pleasure on a full-time basis for a renewable term of not more than five years. Appointment — regional coordinators (2) On the recommendation of the Minister after consultation by the Minister with the Commission, the Governor in Council may appoint not more than six regional coordinators to hold office during pleasure on a full-time or part-time basis for a renewable term of not more than five years that will ensure, to the extent possible, the end in any one year of the terms of office of not more than one half of the regional coordinators. Diversity (3) Recommendations under subsection (2) are to be made having regard to the importance of having regional coordinators who are representative of the diversity of Canadian society. Composition 43.03 (1) The Board of Appeal consists of the Executive Head, the regional coordinators and the following members: (a) members to be appointed by the Governor in Council, on the recommendation of the Minister after consultation by the Minister with the Commission, to hold office during pleasure on a part-time basis for a renewable term of not more than five years; (b) members to be appointed by the Commission to hold office during pleasure on a part-time basis for a renewable term of not more than five years, each of whom must be an employer , within the meaning of subsection 2(1) of the Employment Insurance Act , or, at the time of the appointment, a representative of such employers; and (c) members to be appointed by the Commission to hold office during pleasure on a part-time basis for a renewable term of not more than five years, each of whom must be an insured person , within the meaning of subsection 2(1) of the Employment Insurance Act , or, at the time of the appointment, a representative of such insured persons. Terms of members (2) Members are to be appointed for terms that will ensure, to the extent possible, the end in any one year of the terms of office of not more than one half of the members appointed under each of paragraphs (1)(a) to (c). Equal number (3) To the extent possible, an equal number of members is to be appointed under each of paragraphs (1)(a) to (c). Regional representation and diversity (4) Recommendations under paragraph (1)(a) and appointments under paragraphs (1)(b) and (c) are to be made having regard to the importance of regional representation in the membership of the Board of Appeal as well as the importance of having members who are representative of the diversity of Canadian society. Completion of ongoing matters (5) A person who ceases to be a member for any reason other than removal may, at the request of the Executive Head, within 12 weeks after ceasing to be a member, carry out and complete any duties and functions that they would otherwise have had in connection with any matter that came before the Board of Appeal while they were still a member and in respect of which there was any proceeding in which they participated as a member. For that purpose, the person is deemed to be a member. Executive Head 43.04 (1) The Executive Head has supervision over and direction of the day-to-day work of the Board of Appeal. In particular, the Executive Head is responsible for the management of the regional coordinators and the members of the Board of Appeal, including providing them with training and guidance with respect to their duties and functions and evaluating their performance. Report on overall performance (2) The Executive Head is to report regularly to the Commission, through the Chairperson of the Commission, on the overall performance of the Board of Appeal. Regional coordinators (3) Regional coordinators assist the Executive Head and perform any duties and functions that the Executive Head may assign. Delegation — regional coordinators (4) The Executive Head may delegate to any regional coordinator any of the Executive Head’s powers, duties or functions, except the power to delegate under this subsection, the duty to report under subsection (2), the duty to select members under subsection 43.05(1) and the duty to select a regional coordinator under subsection 43.05(2). Members assigned to region (5) The Executive Head is to assign each member of the Board of Appeal to a particular region to hear appeals in that region, taking into account the member’s ordinary place of residence. However, a member may be selected to hear appeals in other regions for operational reasons. Absence — Executive Head (6) In the event of the absence or incapacity of the Executive Head or a vacancy in that office, the Chairperson of the Commission may authorize a person to act as Executive Head, on any terms and conditions that the Chairperson may specify, but no person so authorized has authority to act for a term of more than 90 days without the Governor in Council’s approval given on the recommendation of the Minister after consultation by the Minister with the Commission. Board of Appeal hearings — three-member panels 43.05 (1) An appeal to the Board of Appeal is to be heard before a panel of three members selected by the Executive Head. One member, who is to be the presiding member of the panel, is to be selected from among the members referred to in paragraph 43.03(1)(a), one member is to be selected from among the members referred to in paragraph 43.03(1)(b) and one member is to be selected from among the members referred to in paragraph 43.03(1)(c). Determination of regional coordinator (2) The Executive Head is to select a regional coordinator to (a) determine if an extension of time to bring an appeal to the Board of Appeal should be granted; (b) determine if an appeal before the Board of Appeal has been abandoned; or (c) hear an application to reopen an appeal that has been determined to be abandoned. Delegation — employees of Department (3) The Executive Head may delegate to any employees of the Department, referred to in section 43.08, the duty to select members under subsection (1) and the duty to select a regional coordinator under subsection (2). Remuneration 43.06 (1) The Executive Head, the regional coordinators and the members of the Board of Appeal are to be paid the remuneration fixed by the Governor in Council. Expenses — Executive Head (2) The Executive Head is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred by the Executive Head while absent from the Executive Head’s ordinary place of work in the course of performing the Executive Head’s duties and functions. Expenses — full-time regional coordinators (3) Each full-time regional coordinator is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred by them while absent from their ordinary place of work in the course of performing their duties and functions as a regional coordinator. Expenses — part-time regional coordinators and members (4) Each part-time regional coordinator and each member of the Board of Appeal is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred by them while absent from their ordinary place of residence in the course of performing their duties and functions as a regional coordinator or a member of the Board of Appeal, as the case may be. Public Service Superannuation Act 43.07 (1) The Executive Head and the full-time regional coordinators are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act . Other benefits (2) The Executive Head, the regional coordinators and the members of the Board of Appeal are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act . Employees, services and facilities 43. 08 The Minister is responsible for providing the Board of Appeal with the employees of the Department, the support services and the facilities that are needed by the Board of Appeal to exercise its powers and perform its duties and functions. Immunity 43. 09 No civil proceedings lie against the Executive Head, any regional coordinator or any member of the Board of Appeal for anything done or said in good faith in the exercise or purported exercise of a power or in the performance or purported performance of a duty or function of the Board of Appeal. Competence and compellability 43. 1 The Executive Head, the regional coordinators and the members of the Board of Appeal are not competent or compellable to appear as a witness in any civil proceedings in respect of any matter coming to their knowledge in the course of the exercise of a power or in the performance of a duty or function of the Board of Appeal. Social Security Tribunal Establishment and Administration Clause 3 : New. 4 The Act is amended by adding the following after section 43.1: Appeal to Board of Appeal Appeal — time limit 43.11 (1) An appeal of a decision made under section 112 of the Employment Insurance Act must be brought to the Board of Appeal in the prescribed form and manner and within 30 days after the day on which the decision is communicated to the appellant. Extension (2) The Board of Appeal may allow further time within which an appeal is to be brought, but in no case may an appeal be brought more than one year after the day on which the decision is communicated to the appellant. Decision in writing (3) The Board of Appeal must give a decision made under subsection (2) in writing and a copy of the decision must be sent to the appellant, the Commission and any other party. Constitutional questions 43. 12 The Board of Appeal may not consider any question of constitutional law. Decision 43.13 (1) The Board of Appeal may dismiss the appeal or confirm, rescind or vary a decision of the Commission in whole or in part or give the decision that the Commission should have given. Decision in writing with reasons (2) The Board of Appeal must give a decision made under subsection (1) in writing, with reasons, and send copies of the decision and reasons to the appellant, the Commission and any other party. Time limits 43. 14 The Executive Head may, in any particular case for special reasons, extend the time within which the Board of Appeal is required by regulation to make a decision under subsection 43.13(1). Expenses and allowances 43. 15 Any party who is required to attend a hearing may, if the Executive Head considers it warranted in any particular case for any reasons provided for in the regulations, be reimbursed for their travel or living expenses up to the amounts determined by the Treasury Board, or be paid any allowance, including compensation for lost remuneration, in accordance with the rates fixed by the Treasury Board. Appeal — region 43.16 (1) An appeal is to be heard in the appellant’s region, except in the circumstances provided for in the regulations. Appeal — format (2) An appeal is to be heard in the format selected by the appellant, except in the circumstances provided for in the regulations. Hearings in private (3) All or part of a Board of Appeal hearing may be held in private in the circumstances provided for in the regulations. Representation of party 43. 17 A party may, at their own expense, be represented by a representative of their choice. Powers of Board of Appeal 43.18 (1) Subject to section 43.12, the Board of Appeal may decide any question of law or fact that is necessary for the disposition of any application made or appeal brought under this Act. Employment Insurance Act (2) If a question specified in section 90 of the Employment Insurance Act arises in the consideration of an application or in an appeal, it must be determined by an authorized officer of the Canada Revenue Agency, as provided by that section. Abandonment of appeals 43.19 (1) The Board of Appeal may determine that an appeal before it has been abandoned if it has failed to contact the appellant despite reasonable efforts having been made to do so or if the appellant fails to communicate with it on being requested to do so. Reopening abandoned appeals (2) The Board of Appeal, on application, may reopen an appeal it has determined to be abandoned if it is satisfied that (a) in making the determination, it failed to observe a principle of natural justice; or (b) the appellant’s failure to communicate with it was due to circumstances beyond the appellant’s control and the application was made within 30 days after the day on which those circumstances were resolved. Decision in writing (3) The Board of Appeal must give a decision made under subsection (1) or (2) in writing and a copy of the decision must be sent to the appellant, the Commission and any other party. Clause 4 : New. 2012, c. 19, s. 224 5 Subsection 44(2) of the Act is repealed. Clause 5 : Existing text of subsection 44(2): (2) The General Division consists of the Income Security Section and the Employment Insurance Section. 2012, c. 19, s. 224 6 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 . Clause 6 : Existing text of subsection 45(2): (2) The Governor in Council designates one of the full-time members to hold office as the Chairperson and three full-time members to hold office as Vice-chairpersons, one of whom is responsible for the Appeal Division, one of whom is responsible for the Income Security Section and one of whom is responsible for the Employment Insurance Section. 2012, c. 19, s. 224 7 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 . Clause 7 : Existing text of subsections 46(2) and (3): (2) Each member exercises any powers and performs any duties and functions that the Vice-chairperson who is responsible for the Division or Section for which they hear matters may assign. (3) Subject to section 47, the Chairperson may assign members to hear matters in the Appeal Division, the Income Security Section or the Employment Insurance Section. 2012, c. 19, s. 224 8 Section 47 of the Act is repealed. Clause 8 : Existing text of section 47: 47 The Minister must consult a committee composed of the Chairperson of the Tribunal and the commissioners referred to in paragraphs 20(2)(c) and (d) before recommending to the Governor in Council any person to be appointed as a member of the Tribunal who may hear matters in the Employment Insurance Section. 2012, c. 19, s. 224 9 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. Clause 9 : Existing text of subsection 51(2): (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 another Vice-chairperson to act as Chairperson and that Vice-chairperson may exercise all the powers and perform all the duties and functions of the Chairperson. 2012, c. 19, s. 224 10 The heading “Organization of Tribunal” before section 52 of the Act is repealed. Clause 10 : Existing text of the heading: Organization of Tribunal 2012, c. 19, s. 224 11 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. Clause 11 : Existing text of subsection 52(1): 52 (1) An appeal of a decision must be brought to the General Division in the prescribed form and manner and within, (a) in the case of a decision made under the Employment Insurance Act , 30 days after the day on which it is communicated to the appellant; and (b) in any other case, 90 days after the day on which the decision is communicated to the appellant. 2012, c. 19, s. 224; 2021, c. 23, s. 225 12 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. Clause 12 : Existing text of section 54: 54 (1) The General Division may dismiss the appeal or confirm, rescind or vary a decision of the Minister or the Commission in whole or in part or give the decision that the Minister or the Commission should have given. (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 and the Minister or the Commission, as the case may be, and any other party. 2012, c. 19, s. 224 13 The heading before section 55 of the Act is replaced by the following: Appeal to Tribunal — Appeal Division Decisions of Board of Appeal Clause 13 : Existing text of the heading: Appeal Division 14 The Act is amended by adding the following before section 55: Appeal 54. 1 Any decision of the Board of Appeal may be appealed to the Appeal Division by any person who is the subject of the decision and any other prescribed person. Appeal — time limit 54.2 (1) The appeal must be brought to the Appeal Division in the prescribed form and manner and within 30 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 appeal is to be brought, but in no case may an appeal be brought more than one year after the day on which the decision and reasons are communicated in writing to the appellant. Grounds of appeal 54. 3 The only grounds of appeal of a decision made by the Board of Appeal are that (a) the Board of Appeal failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction; (b) the Board of Appeal erred in law in making its decision, whether or not the error appears on the face of the record; (c) the Board of Appeal based its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it; or (d) a question of constitutional law remains to be determined. New evidence — constitutional questions 54. 4 If an appeal to the Appeal Division of a decision of the Board of Appeal is in respect of a question of constitutional law, the Appeal Division may hear new evidence in relation to the question. Decision 54.5 (1) The Appeal Division may dismiss the appeal, give the decision that the Board of Appeal should have given, refer the matter back to the Board of Appeal for reconsideration in accordance with any directions that the Appeal Division considers appropriate or confirm, rescind or vary the decision of the Board of Appeal in whole or in part. The Appeal Division may make a decision on a question of constitutional law. Reasons (2) The Appeal Division must give its decision in writing, with reasons, and send copies of the decision and reasons to the appellant and any other party. Decisions of General Division Clause 14 : New. 2012, c. 19, s. 224; 2021, c. 23, ss. 226 and 227 15 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 Income Security Section may only be brought if leave to appeal is granted. Appeal — Employment Insurance Section 57 (1) An appeal of a decision made by the Employment Insurance Section must be brought to the Appeal Division in the prescribed form and manner and within 30 days after the day on which the decision and reasons are communicated in writing to the appellant. Appeal — Income Security Section (1.1) An application for leave to appeal a decision made by the Income Security Section 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 appeal is to be brought or an application for leave to appeal is to be made, but in no case may an appeal be brought or an application be made more than one year after the day on which the decision and reasons are communicated in writing to the appellant. Clause 15 : Existing text of sections 56 and 57: 56 (1) An appeal to the Appeal Division may only be brought if leave to appeal is granted. (2) (Repealed, 2021, c. 23, s. 226) 57 (1) An application for leave to appeal must be made to the Appeal Division in the prescribed form and manner and within (a) in the case of a decision made by the Employment Insurance Section, 30 days after the day on which the decision and reasons are communicated in writing to the appellant; and (b) in the case of a decision made by the Income Security Section, 90 days after the day on which the decision and reasons are communicated in writing to the appellant. (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. 16 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. 2012, c. 19, s. 224; 2021, c. 23, ss. 228(1) and (2)(E) 17 (1) Subsection 58(1) of the Act is repealed. Clause 17 : (1) and (2) Existing text of subsections 58(1) and (2): 58 (1) The only grounds of appeal of a decision made by the Employment Insurance Section are that the Section (a) failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction; (b) erred in law in making its decision, whether or not the error appears on the face of the record; or (c) based its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it. (2) Leave to appeal is refused if the Appeal Division is satisfied that the appeal has no reasonable chance of success. 2012, c. 19, s. 224 (2) Subsection 58(2) of the Act is repealed. 2021, c. 23, s. 229 18 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 . Clause 18 : Existing text of section 58.1: 58. 1 Leave to appeal a decision made by the Income Security Section is to be granted if the application for leave to appeal (a) raises an arguable case that the Section 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 Section 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 Section. 2021, c. 23, s. 229 19 (1) 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 Income Security Section . Clause 19 : (1) Existing text of subsection 58.2(1): 58.2 (1) The Appeal Division must either grant or refuse leave to appeal a decision made by the General Division. (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. 2021, c. 23, s. 229 20 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. Clause 20 : Existing text of section 58.3: 58. 3 An appeal to the Appeal Division of a decision made by the Income Security Section is to be heard and determined as a new proceeding. 2012, c. 19, s. 224; 2021, c. 23, ss. 230(1) 21 (1) 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. In the case of an appeal of a decision made by the Employment Insurance Section, the Appeal Division may also refer the matter back to the Board of Appeal for reconsideration in accordance with any directions that the Appeal Division considers appropriate. Clause 21 : (1) Existing text of subsection 59(1): 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. In the case of an appeal of a decision made by the Employment Insurance Section, the Appeal Division may also refer the matter back to the Employment Insurance Section for reconsideration in accordance with any directions that the Appeal Division considers appropriate. (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. 2012, c. 19, s. 224; 2021, c. 23, s. 235 22 Section 67 of the Act is replaced by the following: 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). Clause 22 : Existing text of section 67: 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), 58.2(1) and 59(1). 23 The Act is amended by adding the following after section 68: 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. Clause 23 : New. 24 The Act is amended by adding the following before section 69: 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). Clause 24 : New. 2012, c. 19, s. 224; 2021, c. 23, s. 236(2) 25 (1) Paragraph 69(c) of the Act is replaced by the following: (c) the time within which the Tribunal must make a decision under subsections 54(1), 54.5(1) , 58.2(1) and 59(1); Clause 25 : (1) and (2) Relevant portion of section 69: 69 The Governor in Council may make regulations respecting the manner in which the Tribunal may conduct its business, including regulations respecting ...   (c) the time within which the Tribunal must make a decision under subsections 54(1), 58.2(1) and 59(1); ...   (f) anything that, by this Part, is to be prescribed by regulation. 2012, c. 19, s. 224 (2) 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 subsections 57(1) and (1.1) . (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). Consequential Amendments R.S, c. F-7; 2002, c. 8, s. 14 Federal Courts Act 2012, c. 19, s. 272(2); 2013, c. 40, par. 236(1)(d); 2021, c. 23, s. 237 26 Paragraph 28(1)(g.1) of the Federal Courts Act is replaced by the following: (g.1) the Appeal Division of the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act , unless the decision is made under subsection 54.2(2) or 57(2) or section 58.2 of that Act or relates to an appeal respecting a decision relating to further time to make a request under subsection 43.11(2) or 52(2) of that Act, section 81 of the Canada Pension Plan , section 27.1 of the Old Age Security Act or section 112 of the Employment Insurance Act ; Federal Courts Act Clause 26 : Relevant portion of subsection 28(1): 28 (1) The Federal Court of Appeal has jurisdiction to hear and determine applications for judicial review made in respect of any of the following federal boards, commissions or other tribunals: ...   (g.1) the Appeal Division of the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act , unless the decision is made under subsection 57(2) or section 58.2 of that Act or relates to an appeal respecting a decision relating to further time to make a request under subsection 52(2) of that Act, section 81 of the Canada Pension Plan , section 27.1 of the Old Age Security Act or section 112 of the Employment Insurance Act ; R.S., c. L- 1 Labour Adjustment Benefits Act 2012, c. 19, s. 273(2); 2013, c. 40, subpar. 236(1)(f)(i) 27 (1) The definition Social Security Tribunal in subsection 2(1) of the Labour Adjustment Benefits Act is repealed. Labour Adjustment Benefits Act Clause 27 : (1) Existing text of the definition: Social Security Tribunal  means the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act ; ( Tribunal de la sécurité sociale ) (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: Employment Insurance Board of Appeal  means the Employment Insurance Board of Appeal established under section 43.01 of the Department of Employment and Social Development Act . ( Conseil d’appel en assurance-emploi ) (2) New. 2012, c. 19, s. 274; 2013, c. 40, subpar. 236(1)(f)(ii) 28 Subsections 13(6) and (7) of the Act are replaced by the following: Reference to Employment Insurance Board of Appeal (6) The Commission may at any time within 14 days after receiving an application under subsection (1) refer the application or a question arising from it to the Employment Insurance Board of Appeal for a decision on it. Proceedings before Employment Insurance Board of Appeal (7) If an application or question is referred to the Employment Insurance Board of Appeal under subsection (6), the Employment Insurance Board of Appeal must conduct its proceedings in respect of that application or question in accordance with the procedure for appeals under the Department of Employment and Social Development Act . Clause 28 : Existing text of subsections 13(6) and (7): (6) The Commission may at any time within 14 days after receiving an application under subsection (1) refer the application or a question arising from it to the General Division of the Social Security Tribunal for a decision on it. (7) If an application or question is referred to the General Division of the Social Security Tribunal under subsection (6), the Tribunal must conduct its proceedings in respect of that application or question in accordance with the procedure for appeals under the Department of Employment and Social Development Act . 2012, c. 19, s. 275 29 Subsection 31(2) of the Act is replaced by the following: Appeal of Commission decision (2) Any person may, at any time within 30 days after the day a decision of the Commission under this Act, other than subsection 14(2) or (3), is communicated to them , or within any further time that the Commission may in any particular case for special reason allow, appeal to the Employment Insurance Board of Appeal . Clause 29 : Existing text of subsection 31(2): (2) Any person may, at any time within 30 days after the day a decision of the Commission under this Act, other than subsection 14(2) or (3), is communicated to him or her, or within any further time that the Commission may in any particular case for special reason allow, appeal to the Social Security Tribunal. R.S., c. 1 (5th Supp.) Income Tax Act 30 Subparagraph 56(1)(l)(ii) of the Income Tax Act is replaced by the following: (ii) reimbursement of costs incurred in relation to a decision of the Canada Employment Insurance Commission under the Employment Insurance Act or to an appeal of such a decision to the Social Security Tribunal or the Employment Insurance Board of Appeal under the Department of Employment and Social Development Act , Income Tax Act Clause 30 : Relevant portion of subsection 56(1): 56 (1) Without restricting the generality of section 3, there shall be included in computing the income of a taxpayer for a taxation year, ...   (l) amounts received by the taxpayer in the year as ...   (ii) reimbursement of costs incurred in relation to a decision of the Canada Employment Insurance Commission under the Employment Insurance Act or to an appeal of such a decision to the Social Security Tribunal, 31 Subparagraph 60(o)(ii) of the Act is replaced by the following: (ii) a decision of the Canada Employment Insurance Commission under the Employment Insurance Act or to an appeal of such a decision to the Social Security Tribunal or the Employment Insurance Board of Appeal under the Department of Employment and Social Development Act , Clause 31 : Relevant portion of section 60: 60 There may be deducted in computing a taxpayer’s income for a taxation year such of the following amounts as are applicable ...   (o) amounts paid by the taxpayer in the year in respect of fees or expenses incurred in preparing, instituting or prosecuting an objection to, or an appeal in relation to, ...   (ii) a decision of the Canada Employment Insurance Commission under the Employment Insurance Act or to an appeal of such a decision to the Social Security Tribunal, 1996, c. 23 Employment Insurance Act 2012, c. 19, s. 247; 2013, c. 40, subpar. 236(1)(c)(iii) 32 Section 113 of the Employment Insurance Act is replaced by the following: Appeal to Employment Insurance Board of Appeal 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 Employment Insurance Board of Appeal established under section 43.01 of the Department of Employment and Social Development Act . Employment Insurance Act Clause 32 : Existing text of section 113: 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 Employment and Social Development Act . 2012, c. 19, s. 247; 2013, c. 40, subpar. 236(1)(c)(iv) 33 (1) Subsection 114(1) of the Act is replaced by the following: 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 Employment and Social Development Act or the Employment Insurance Board of Appeal established under section 43.01 of that Act , benefits are payable in accordance with the decision of the Tribunal or the Employment Insurance Board of Appeal, as the case may be , even though an appeal is pending, and any benefits paid under this section after the decision of the Tribunal or the Employment Insurance Board of Appeal, as the case may be , 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. Clause 33 : (1) Existing text of subsection 114(1): 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 Employment and Social 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. (2) Subsection 114(1) of the Act is replaced by the following: Payment of benefit pending appeal 114 (1) If a claim for benefits is allowed by the Employment Insurance Board of Appeal established under section 43.01 of the Department of Employment and Social Development Act , benefits are payable in accordance with the decision of the Employment Insurance Board of Appeal even though an appeal is pending, and any benefits paid under this section after the decision of the Employment Insurance Board of Appeal 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. 2012, c. 19, s. 247 (3) Paragraph 114(2)(a) of the Act is replaced by the following: (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 or the Employment Insurance Board of Appeal, as the case may be , was given and on the ground that the claimant ought to be disentitled under section 36; and (3) Relevant portion of subsection 114(2): (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 (4) Paragraph 114(2)(a) of the Act is replaced by the following: (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 Employment Insurance Board of Appeal was given and on the ground that the claimant ought to be disentitled under section 36; and Transitional Provisions Definitions 34 The following definitions apply in this section and sections 35 to 48 . Appeal Division  means the Appeal Division of the Tribunal. ( division d’appel ) Board of Appeal  means the Employment Insurance Board of Appeal established under section 43.01 of the Department of Employment and Social Development Act . ( Conseil d’appel ) Employment Insurance Section  means the Employment Insurance Section of the General Division. ( section de l’assurance-emploi ) General Division  means, except for the purposes of subsections 35(2) and 37(2), the General Division referred to in section 44 of the Department of Employment and Social Development Act , as it reads on the day on which this section comes into force. ( division générale ) Tribunal  means the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act . ( Tribunal ) Part-time members 35 (1) Part-time members of the Tribunal who, immediately before the day on which section 5 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. Full-time members (2) Full-time members of the Tribunal who, immediately before the day on which section 5 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. Vice-chairperson (3) The Vice-chairperson of the Tribunal who, immediately before the day on which section 5 comes into force, is responsible for the Employment Insurance Section becomes a full-time regional coordinator of the Board of Appeal on that day. 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 5 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. Members of Board of Appeal 36 (1) Each member of the Board of Appeal referred to in subsection 35 (1) or paragraph 35 (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. Regional coordinator of Board of Appeal (2) The regional coordinator of the Board of Appeal referred to in subsection 35 (3) or paragraph 35 (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. 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. 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. No compensation 37 (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 Act. 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 Act. Application for leave to appeal 38 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 4 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. Appeal of Employment Insurance Section decision 39 Any decision made by the Employment Insurance Section before the day on which section 5 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 4 comes into force, apply in respect of the appeal. Ongoing appeal of Employment Insurance Section decision 40 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 5 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 4 comes into force. Question of constitutional law 41 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 4 comes into force, to refer a question of constitutional law back to the Board of Appeal for reconsideration. Ongoing appeal before Employment Insurance Section 42 An appeal that is ongoing before the Employment Insurance Section immediately before the day on which section 5 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. Board of Appeal access to documents and information 43 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. Transfer of documents and information 44 The Tribunal must transfer to the Board of Appeal any documents and information that relate to appeals referred to in section 42 . Section 53 of Department of Employment and Social Development Act 45 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. Section 241 of Budget Implementation Act, 2021, No. 1 46 (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 4 comes into force. 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. Employment Insurance Act 47 Subsections 114(1) and (2) of the Employment Insurance Act , as those subsections read on the day on which section 4 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 5 comes into force. Labour Adjustment Benefits Act 48 (1) Subsection 13(7) of the Labour Adjustment Benefits Act , as it read immediately before the day on which section 4 comes into force, continues to apply — until the day on which section 5 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 4 comes into force. 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 5 comes into force is deemed to be an application or a question referred to the Board of Appeal on that day. Coming into Force Order in council 49 (1) Sections 4 and 13 to 15 , subsections 17 (2), 19 (1) and 21 (1), sections 22 and 23 , subsections 25 (1) and (2), sections 26 to 32 , subsections 33 (1) and (3), sections 38 , 41 , 43 , 45 and 46 and subsection 48 (1) come into force on a day to be fixed by order of the Governor in Council. Order in council (2) Sections 5 to 9 , 11 , 12 and 16 , subsection 17 (1), section 18 , subsection 19 (2), section 20 , subsections 21 (2), 25 (3) and 33 (2) and (4), sections 39 , 40 , 42 , 44 and 47 and subsection 48 (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).