GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Department of Employment and Social Development Act — H-5.7 43.19
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. 2023, c. 26, s. 634
Department of Employment and Social Development Act — H-5.7 44
Establishment of Tribunal 44 (1) There is established a tribunal to be known as the Social Security Tribunal, consisting of a General Division and an Appeal Division. General Division (2) The General Division consists of the Income Security Section and the Employment Insurance Section. 2005, c. 34, ss. 44, 83; 2012, c. 19, s. 224
Department of Employment and Social Development Act — H-5.7 45
Composition 45 (1) The Tribunal consists of full-time and part-time members to be appointed by the Governor in Council. Chairperson and Vice-chairpersons (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. (3) [Repealed, 2014, c. 39, s. 252] Mandate (4) Each full-time member of the Tribunal is to be appointed for a term of not more than five years, and each part-time member is to be appointed for a term of not more than two years. A member may be reappointed for one or more additional terms. Tenure (5) Each member of the Tribunal holds office during good behaviour and may be removed for cause by the Governor in Council at any time. Completion of ongoing matters (6) An individual who ceases to be a member for any reason other than removal may, at the request of the Chairperson, 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 Tribunal 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 part-time member. 2005, c. 34, ss. 45, 83; 2012, c. 19, s. 224; 2014, c. 39, s. 252 2021, c. 23, s. 220
Department of Employment and Social Development Act — H-5.7 45.1
Chairperson 45.1 (1) The Chairperson (a) must take any action that is necessary to ensure that the members of the Tribunal carry out their duties and functions efficiently and without undue delay; (b) may issue guidelines in writing to members of the Tribunal and identify decisions of the Tribunal as jurisprudential guides, to assist members in carrying out their duties; and (c) may designate, from among the full-time members of the Tribunal, coordinating members to assist the Vice-chairpersons. Rules (2) The Chairperson may, with the approval of the Minister, make rules respecting the procedure to be followed on applications made or appeals brought to the Tribunal. Statutory Instruments Act (3) Guidelines issued by the Chairperson under paragraph (1)(b) are not statutory instruments for the purposes of the Statutory Instruments Act . 2021, c. 23, s. 221
Department of Employment and Social Development Act — H-5.7 46
Vice-chairpersons 46 (1) Each Vice-chairperson exercises any powers and performs any duties and functions that the Chairperson may assign. Members (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. Assignment (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. 2005, c. 34, ss. 46, 83; 2012, c. 19, s. 224
Department of Employment and Social Development Act — H-5.7 47
Employment Insurance Section 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. 2005, c. 34, ss. 47, 83; 2012, c. 19, s. 224
Department of Employment and Social Development Act — H-5.7 48
Full-time occupation 48 (1) Each full-time member of the Tribunal must devote the whole of their time to the performance of their duties under this Act. Part-time members (2) A part-time member of the Tribunal must not accept or hold any office or employment inconsistent with their duties under this Act. 2005, c. 34, ss. 48, 83; 2012, c. 19, s. 224
Department of Employment and Social Development Act — H-5.7 49
Remuneration 49 (1) Each member of the Tribunal is paid the remuneration fixed by the Governor in Council. Expenses — full-time members (2) Each full-time member of the Tribunal is entitled to be paid reasonable travel and living expenses incurred by them while absent from their ordinary place of work in the course of performing their duties under this Act. Expenses — part-time members (3) Each part-time member of the Tribunal is entitled to be paid reasonable travel and living expenses incurred by them while absent from their ordinary place of residence in the course of performing their duties under this Act. Federal public administration (4) Members of the Tribunal are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act . Not employed in public service (5) Unless the Governor in Council otherwise orders in a class of cases, members of the Tribunal are deemed not to be employed in the public service for the purposes of the Public Service Superannuation Act . 2005, c. 34, s. 49; 2012, c. 19, s. 224
Department of Employment and Social Development Act — H-5.7 50
Immunity 50 No civil proceedings lie against any member of the Tribunal 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 Tribunal. 2005, c. 34, s. 50; 2012, c. 19, s. 224
Department of Employment and Social Development Act — H-5.7 50.1
Competence and compellability 50.1 A member of the Tribunal is 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 Tribunal. 2021, c. 23, s. 222
Department of Employment and Social Development Act — H-5.7 51
Absence — Chairperson 51 (1) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-chairperson of the Appeal Division acts as Chairperson and may exercise all the powers and perform all the duties and functions of the Chairperson. 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 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. Absence — Vice-chairperson (3) In the event of the absence or incapacity of a Vice-chairperson or if the office of a Vice-chairperson is vacant, the Chairperson may authorize a member to act, on any terms and conditions that the Chairperson may specify, as Vice-chairperson for the time being. 2005, c. 34, ss. 51, 82(E); 2012, c. 19, s. 224
Department of Employment and Social Development Act — H-5.7 52
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, (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. Extension (2) The General Division may allow further time within which an appeal may 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. 2005, c. 34, ss. 52, 82(E); 2012, c. 19, s. 224 2021, c. 23, s. 223(F)
Department of Employment and Social Development Act — H-5.7 54
Decision 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. 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 and the Minister or the Commission, as the case may be, and any other party. 2005, c. 34, s. 54; 2012, c. 19, s. 224 2021, c. 23, s. 225
Department of Employment and Social Development Act — H-5.7 54.1
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. 2023, c. 26, s. 644
Department of Employment and Social Development Act — H-5.7 54.2
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. 2023, c. 26, s. 644
Department of Employment and Social Development Act — H-5.7 54.3
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. 2023, c. 26, s. 644
Department of Employment and Social Development Act — H-5.7 54.4
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. 2023, c. 26, s. 644
Department of Employment and Social Development Act — H-5.7 54.5
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. 2023, c. 26, s. 644
Department of Employment and Social Development Act — H-5.7 55
Appeal 55 Any decision of the General Division may be appealed to the Appeal Division by any person who is the subject of the decision and any other prescribed person. 2005, c. 34, s. 55; 2012, c. 19, s. 224
Department of Employment and Social Development Act — H-5.7 56
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. 2005, c. 34, s. 56; 2012, c. 19, s. 224 2021, c. 23, s. 226 2023, c. 26, s. 645
Department of Employment and Social Development Act — H-5.7 57
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. 2005, c. 34, s. 57; 2012, c. 19, s. 224 2021, c. 23, s. 227 2023, c. 26, s. 645
Department of Employment and Social Development Act — H-5.7 58
Grounds of appeal — Employment Insurance Section 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) [Repealed, 2023, c. 26, s. 647] (3) [Repealed, 2021, c. 23, s. 228] (4) [Repealed, 2021, c. 23, s. 228] (5) [Repealed, 2021, c. 23, s. 228] 2005, c. 34, s. 58; 2012, c. 19, s. 224 2021, c. 23, s. 228 2023, c. 26, s. 647
Department of Employment and Social Development Act — H-5.7 58.1
Leave to appeal — Income Security Section 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
Department of Employment and Social Development Act — H-5.7 58.2
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. Leave refused (2) If the Appeal Division refuses leave, it must give its decision in writing, with reasons, and send copies of the decision and reasons to the appellant and any other party. Leave granted (3) If the Appeal Division grants leave, it must give its decision in writing and send copies of the decision to the appellant and any other party. At the request of the appellant or any other party made within 10 days after the day on which the decision is communicated to the appellant or other party, as the case may be, the Appeal Division must send written reasons for its decision to the appellant and any other party. Judicial review (4) The period within which to apply for judicial review with respect to a decision of the Appeal Division to grant leave is calculated from the day on which the decision is communicated to the appellant or other party, as the case may be, or the day on which the reasons are communicated to the appellant or other party, as the case may be, whichever is later. Notice of appeal (5) If leave to appeal is granted, the application for leave to appeal becomes the notice of appeal and is deemed to have been filed on the day on which the application for leave to appeal was filed. 2021, c. 23, s. 229 2023, c. 26, s. 649
Department of Employment and Social Development Act — H-5.7 58.3
Hearing de novo — Income Security Section 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. 2021, c. 23, s. 229
Department of Employment and Social Development Act — H-5.7 59
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. 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. 2005, c. 34, s. 59; 2012, c. 19, s. 224 2021, c. 23, s. 230 2023, c. 26, s. 651
Department of Employment and Social Development Act — H-5.7 60
Head office 60 (1) The head office of the Tribunal is in the National Capital Region described in the schedule to the National Capital Act or at any other place within Canada that may be designated by the Governor in Council. Residence (2) The Chairperson and the Vice-chairpersons must reside within the distance from the place referred to in subsection (1) that is determined by the Governor in Council. 2005, c. 34, s. 60; 2012, c. 19, s. 224
Department of Employment and Social Development Act — H-5.7 60.1
Services and facilities 60.1 (1) The Minister may provide the Chief Administrator of the Administrative Tribunals Support Service of Canada with any administrative services and facilities that are necessary to enable him or her to provide support services and facilities to the Tribunal. Spending authority (2) The Minister may spend revenues obtained from the provision of services and facilities to the Chief Administrator, in the fiscal year in which they are received or, unless an appropriation Act provides otherwise, in the next fiscal year. 2014, c. 20, s. 466
Department of Employment and Social Development Act — H-5.7 61
Tribunal sittings 61 Every application made or appeal brought to the Tribunal is to be heard before a single member unless the Chairperson is of the opinion that a panel of three members should be constituted. 2005, c. 34, ss. 61, 83; 2012, c. 19, s. 224 2021, c. 23, s. 231
Department of Employment and Social Development Act — H-5.7 62
Tribunal hearings 62 All or part of a Tribunal hearing may be held in private in the circumstances provided for in the regulations. 2005, c. 34, s. 62; 2012, c. 19, s. 224 2021, c. 23, s. 231
Department of Employment and Social Development Act — H-5.7 63
Expenses and allowances 63 (1) Any party who is required to attend a hearing may, if the Chairperson in any particular case for special reasons considers it warranted, be reimbursed for their travel or living expenses up to the amounts determined by the Chief Administrator of the Administrative Tribunals Support Service of Canada, or be paid any allowance, including compensation for lost remuneration, in accordance with the rates fixed by that Chief Administrator. Payments (2) Any amount to be paid under subsection (1) may be paid out of moneys appropriated by Parliament for the expenditures of the Administrative Tribunals Support Service of Canada. 2005, c. 34, s. 63; 2012, c. 19, s. 224; 2014, c. 20, s. 467
Department of Employment and Social Development Act — H-5.7 63.1
Representation of party 63.1 A party may, at their own expense, be represented by a representative of their choice. 2021, c. 23, s. 232
Department of Employment and Social Development Act — H-5.7 64
Powers of tribunal 64 (1) The Tribunal may decide any question of law or fact that is necessary for the disposition of any application made or appeal brought under this Act. Canada Pension Plan (2) Despite subsection (1), in the case of an application or appeal relating to the Canada Pension Plan , the Tribunal may only decide questions of law or fact as to (a) whether any benefit is payable to a person or its amount; (b) whether any person is eligible for a division of unadjusted pensionable earnings or its amount; (c) whether any person is eligible for an assignment of a contributor’s retirement pension or its amount; and (d) whether a penalty should be imposed under Part II of that Act or its amount. Employment Insurance Act (3) 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. 2005, c. 34, s. 64; 2012, c. 19, s. 224, c. 31, s. 204 2021, c. 23, s. 233
Department of Employment and Social Development Act — H-5.7 65
Canada Pension Plan 65 If, in the Minister’s opinion, a person in addition to the appellant may be directly affected by the decision of the Tribunal relating to any of the following appeals, the Minister must notify the Tribunal of all such persons, and the Tribunal must add as a party to the appeal any such person who is not already a party to it: (a) an appeal in respect of a survivor’s pension payable to the survivor of a deceased contributor within the meaning of the Canada Pension Plan ; (a.1) an appeal in respect of a death benefit, within the meaning of the Canada Pension Plan , payable to the estate or succession of a deceased contributor; (a.2) an appeal in respect of a disabled contributor’s child’s benefit, within the meaning of the Canada Pension Plan , payable to each child of a disabled contributor; (a.3) an appeal in respect of an orphan’s benefit, within the meaning of the Canada Pension Plan , payable to each orphan of a deceased contributor; (b) an appeal in respect of a division of unadjusted pensionable earnings under section 55, 55.1 or 55.2 of the Canada Pension Plan ; (c) an appeal in respect of an assignment of a contributor’s retirement pension under section 65.1 of the Canada Pension Plan ; (d) an appeal in respect of an allowance , as defined in section 2 of the Old Age Security Act , payable to the spouse, common-law partner or former common-law partner of a pensioner; or (e) an appeal in respect of a supplement , as defined in section 2 of the Old Age Security Act , payable to a pensioner whose spouse, common-law partner or former common-law partner is a beneficiary of a supplement or an allowance. 2005, c. 34, s. 65; 2012, c. 19, s. 224 2021, c. 23, s. 234