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

RELATED PROVISIONS

• — 2012, c. 19, s. 251

  • Definitions

    251 The following definitions apply in sections 252 to 270.

    board of referees

    board of referees means a board of referees established under Part VI of the Employment Insurance Act, as it read immediately before the coming into force of section 247. (conseil arbitral)

    Pension Appeals Board

    Pension Appeals Board means the Pension Appeals Board established under section 83 of the Canada Pension Plan, as it read immediately before the coming into force of section 229. (Commission d’appel des pensions)

    Review Tribunal

    Review Tribunal means a Review Tribunal established under section 82 of the Canada Pension Plan, as it read immediately before the coming into force of section 229. (tribunal de révision)

    Social Security Tribunal

    Social Security Tribunal means the Social Security Tribunal established under section 44 of the Department of Human Resources and Skills Development Act. (Tribunal de la sécurité sociale)

    umpire

    umpire means an umpire appointed under Part VI of the Employment Insurance Act, as it read immediately before the coming into force of section 247. (juge-arbitre)

• — 2012, c. 19, s. 252

  • Information

    252 The Pension Appeals Board, a Review Tribunal, a board of referees or an umpire must transfer to the Social Security Tribunal any information under their control that either relates to an application of which that Tribunal is seized or that the Governor in Council has, by regulation, prescribed.

• — 2012, c. 19, s. 261

  • Request for reconsideration

    • 261 (1) If no decision has been made before April 1, 2013, in respect of a request made under subsection 84(2) of the Canada Pension Plan, as it read immediately before the coming into force of section 229, it is deemed to be an application made on April 1, 2013 under section 66 of the Department of Human Resources and Skills Development Act and is deemed to relate to a decision made, as the case may be, by

      • (a) the General Division of the Social Security Tribunal, in the case of a decision made by a Review Tribunal; or

      • (b) the Appeal Division of the Social Security Tribunal, in the case of a decision made by the Pension Appeals Board.

    • Deeming

      (2) An application made under section 66 of the Department of Human Resources and Skills Development Act after March 31, 2013 is deemed to relate to a decision made, as the case may be, by

      • (a) the General Division of the Social Security Tribunal, in the case of a decision made by a Review Tribunal; or

      • (b) the Appeal Division of the Social Security Tribunal, in the case of a decision made by the Pension Appeals Board.

• — 2012, c. 19, s. 269

  • Request for reconsideration

    • 269 (1) If no decision has been made before April 1, 2013 in respect of a request made under section 120 of the Employment Insurance Act as it read immediately before the coming into force of section 247, it is deemed to be an application made on April 1, 2013 under section 66 of the Department of Human Resources and Skills Development Act and is deemed to relate to a decision made, as the case may be, by

      • (a) the General Division of the Social Security Tribunal, in the case of a decision made by a board of referees; or

      • (b) the Appeal Division of the Social Security Tribunal, in the case of a decision made by an umpire.

    • Deeming

      (2) An application made under section 66 of the Department of Human Resources and Skills Development Act after March 31, 2013 is deemed to relate to a decision made, as the case may be, by

      • (a) the General Division of the Social Security Tribunal, in the case of a decision made by a board of referees; or

      • (b) the Appeal Division of the Social Security Tribunal, in the case of a decision made by an umpire.

• — 2013, c. 40, s. 217

  • Deputy Minister and Associate Deputy Minister

    • 217 (1) Any person who holds the office of Deputy Minister of Human Resources and Skills Development or of Associate Deputy Minister of Human Resources and Skills Development immediately before the day on which this section comes into force is deemed to hold the office of Deputy Minister of Employment and Social Development or of Associate Deputy Minister of Employment and Social Development, respectively, as of that day.

    • Deputy Minister of Labour

      (2) Any person who holds the office of Deputy Minister of Labour immediately before the day on which this section comes into force is deemed to have been designated Deputy Minister of Labour under subsection 4(3) of the Department of Employment and Social Development Act, as enacted by section 209 of this Act, as of that day.

• — 2013, c. 40, s. 218

  • Positions

    218 Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied a position in the Department of Human Resources and Skills Development except that the employee, on the coming into force of this section, occupies their position in the Department of Employment and Social Development under the authority of the Minister of Employment and Social Development.

• — 2013, c. 40, s. 219

  • Transfer of appropriations

    219 Any amount appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray the charges and expenses of the Department of Human Resources and Skills Development that is unexpended is deemed to have been appropriated to defray the charges and expenses of the Department of Employment and Social Development.

• — 2013, c. 40, s. 220

  • Transfer of powers, duties and functions

    220 If, under any Act of Parliament, any instrument made under an Act of Parliament or any order, contract, lease, licence or other document, any power, duty or function is vested in or may be exercised or performed by the Minister of Human Resources and Skills Development, that power, duty or function is vested in or may be exercised or performed by the Minister of Employment and Social Development, the Deputy Minister of Employment and Social Development or the appropriate officer of the Department of Employment and Social Development, as the case may be.

• — 2021, c. 23, s. 238

  • Definitions

    238 The following definitions apply in this section and sections 239 to 243.

    Appeal Division

    Appeal Division means the Appeal Division of the Tribunal. (division d’appel)

    former Act

    former Act means the Department of Employment and Social Development Act as it read immediately before the day on which this Division comes into force. (ancienne loi)

    General Division

    General Division means the General Division of the Tribunal. (division générale)

    Income Security Section

    Income Security Section means the Income Security Section of the General Division of the Tribunal. (section de la sécurité du revenu)

    new Act

    new Act means the Department of Employment and Social Development Act as it reads on the day on which this Division comes into force. (nouvelle loi)

    Tribunal

    Tribunal means the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act. (Tribunal)

• — 2021, c. 23, s. 239

  • Clarification — immediate application

    239 For greater certainty, but subject to sections 240 to 242, the new Act applies in respect of applications and appeals that are ongoing on the day on which this Division comes into force.

• — 2021, c. 23, s. 240

  • Time limit for appeals — summary dismissal

    • 240 (1) An appeal of a decision made by the General Division under section 53 of the former Act must be brought to the Appeal Division within 90 days after the day on which this Division comes into force. Despite subsection 56(1) of the new Act, no leave is necessary.

    • Appeals — summary dismissal

      (2) An appeal of a decision made by the General Division under section 53 of the former Act that is ongoing on the day on which this Division comes into force, or that is referred to in subsection (1), is to be dealt with by the Appeal Division in accordance with subsections 58(1) and 59(1) of the former Act. Section 58.3 of the new Act does not apply in respect of the appeal.

    • Federal Court

      (3) Despite paragraph 28(1)(g.1) of the Federal Courts Act, the Federal Court has jurisdiction to hear and determine applications for judicial review of a decision of the Appeal Division that relates to an appeal brought under subsection 53(3) of the former Act or that is referred to in subsection (1).

    • Judicial review

      (4) If, following a judicial review referred to in subsection (3), the Federal Court refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and 59(1) of the former Act. Section 58.3 of the new Act does not apply in respect of the matter.

• — 2021, c. 23, s. 241

  • Applications under section 66 of former Act

    • 241 (1) An application under section 66 of the former Act that is ongoing before the General Division or Appeal Division on the day on which this Division comes into force is to be dealt with in accordance with that section 66.

    • Referral back to General Division

      (2) If, following an appeal of a decision made by the General Division under section 66 of the former Act, the Appeal Division refers the matter back to the General Division, the matter is to be dealt with in accordance with that section 66.

    • Applications for leave to appeal — decision under section 66 of former Act

      (3) An application for leave to appeal a decision made by the General Division under section 66 of the former Act is to be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act.

    • Appeals — decisions under section 66 of former Act

      (4) If leave to appeal is granted, the appeal is to be dealt with in accordance with subsections 58(1) and 59(1) of the former Act and, in the case where the Appeal Division decides under that subsection 59(1) to give the decision that the General Division should have given, the appeal is also to be dealt with in accordance with section 66 of the former Act. Section 58.3 of the new Act does not apply in respect of the appeal.

    • Judicial review — leave to appeal

      (5) If, following a judicial review of a decision of the Appeal Division referred to in subsection (3), the Federal Court refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act.

    • Judicial review — appeals

      (6) If, following a judicial review of a decision of the Appeal Division referred to in subsection (4), the Federal Court of Appeal refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and 59(1) of the former Act and, in the case where the Appeal Division decides under that subsection 59(1) to give the decision that the General Division should have given, the matter is also to be dealt with in accordance with section 66 of the former Act. Section 58.3 of the new Act does not apply in respect of the matter.

• — 2021, c. 23, s. 242

  • Applications for leave to appeal — Income Security Section

    • 242 (1) An application for leave to appeal a decision of the Income Security Section that is ongoing on the day on which this Division comes into force is to be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act.

    • Ongoing appeals

      (2) An appeal of a decision of the Income Security Section that is ongoing on the day on which this Division comes into force, or an appeal that results from an application for leave to appeal referred to in subsection (1) that is granted, is to be dealt with in accordance with subsections 58(1) and 59(1) of the former Act. Section 58.3 of the new Act does not apply in respect of the appeal.

    • Federal Court — before coming into force

      (3) In the case of a judicial review of a decision of the Appeal Division under subsection 58(3) of the former Act that relates to a decision of the Income Security Section, if, before the day on which this Division comes into force, the Federal Court refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act.

    • Federal Court — after coming into force

      (4) In the case of a judicial review of a decision of the Appeal Division under subsection 58(3) of the former Act that relates to a decision of the Income Security Section other than a judicial review referred to in subsection 241(5), if, on or after the day on which this Division comes into force, the Federal Court refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with the provisions of the new Act.

    • Federal Court of Appeal — before coming into force

      (5) In the case of a judicial review of a decision of the Appeal Division under subsection 59(1) of the former Act that relates to a decision of the Income Security Section, if, before the day on which this Division comes into force, the Federal Court of Appeal refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and 59(1) of the former Act. Section 58.3 of the new Act does not apply in respect of the matter.

    • Federal Court Appeal — after coming into force

      (6) In the case of a judicial review of a decision of the Appeal Division under subsection 59(1) of the former Act that relates to a decision of the Income Security Section other than a judicial review referred to in subsection 241(6), if, on or after the day on which this Division comes into force, the Federal Court of Appeal refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with the provisions of the new Act.

• — 2021, c. 23, s. 243

  • Interpretation of consequential amendment to Federal Courts Act

    243 For greater certainty, the Federal Court has jurisdiction to hear and determine applications for judicial review of a decision of the Appeal Division made under section 58 of the former Act before the day on which this Division comes into force.

• — 2023, c. 26, s. 664

  • Definitions

    664 The following definitions apply in this section and sections 665 to 678.

    Appeal Division

    Appeal Division means the Appeal Division of the Tribunal. (division d’appel)

    Board of Appeal

    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

    Employment Insurance Section means the Employment Insurance Section of the General Division. (section de l’assurance-emploi)

    General Division

    General Division means, except for the purposes of subsections 665(2) and 667(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

    Tribunal means the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act. (Tribunal)

• — 2023, c. 26, s. 665

  • 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.

    • 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.

    • 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.

    • 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.

• — 2023, c. 26, s. 666

  • 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.

    • 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.

    • 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.

• — 2023, c. 26, s. 667

  • 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.

    • 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.