GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Department of Employment and Social Development Act — H-5.7 66
Jurisdiction — Canada Disability Benefit Act 66 (1) Subject to subsection (2), the Tribunal may decide any question of law or fact that is necessary to dispose of any appeal brought under the Canada Disability Benefit Act . Reference as to income (2) If, on an appeal to the Tribunal, it is a ground of the appeal that a decision or determination made by the Minister as to income under the Canada Disability Benefit Act was incorrectly made, the appeal on that ground must, in accordance with the regulations made under that Act, be referred for decision to the Tax Court of Canada, whose decision, subject only to variation by that Court in accordance with any decision on an appeal under the Tax Court of Canada Act relevant to the appeal to the Tribunal, is final and binding for all purposes of the appeal to the Tribunal except in accordance with the Federal Courts Act . 2005, c. 34, s. 66; 2012, c. 19, s. 224 2021, c. 23, s. 235 2024, c. 17, s. 411
Department of Employment and Social Development Act — H-5.7 67
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). 2005, c. 34, s. 67; 2012, c. 19, s. 224 2021, c. 23, s. 235 2023, c. 26, s. 652
Department of Employment and Social Development Act — H-5.7 68
Decision final 68 The decision of the Tribunal on any application made or appeal brought under this Act is final and, except for judicial review under the Federal Courts Act , is not subject to appeal to or review by any court. 2005, c. 34, ss. 68, 83; 2012, c. 19, s. 224 2021, c. 23, s. 235
Department of Employment and Social Development Act — H-5.7 68.01
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. 2023, c. 26, s. 653
Department of Employment and Social Development Act — H-5.7 68.1
Annual report 68.1 The Chairperson must, within three months after the end of each fiscal year, submit to the Minister a report on the Tribunal’s performance during that fiscal year. 2021, c. 23, s. 235
Department of Employment and Social Development Act — H-5.7 68.2
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). 2023, c. 26, s. 654
Department of Employment and Social Development Act — H-5.7 69
Governor in Council 69 The Governor in Council may make regulations respecting the manner in which the Tribunal may conduct its business, including regulations respecting (a) the procedure to be followed on applications made or appeals brought to the Tribunal; (a.1) the circumstances in which a hearing may be held in private; (b) the circumstances under which information is deemed to have been communicated or received; (c) the time within which the Tribunal must make a decision under subsections 54(1), 54.5(1), 58.2(1) and 59(1); (d) any special reasons for the purposes of section 63 ; (e) the power to exclude any person from a hearing when oral evidence concerning a circumstance of sexual or other harassment is being given; and (f) anything that is to be prescribed by subsection 52(1), section 54.1, subsection 54.2(1), section 55 and subsections 57(1) and (1.1). 2005, c. 34, ss. 69, 83; 2012, c. 19, s. 224 2021, c. 23, s. 236 2023, c. 26, s. 655
Department of Employment and Social Development Act — H-5.7 70
Regulations — electronic documents and electronic information 70 (1) The Governor in Council may, for the purposes of this Part, make regulations referred to in paragraphs 73 (1)(c), (d) and (f). Regulations — definitions (2) The Governor in Council may, for the purposes of regulations made under subsection (1), make regulations defining electronic , electronic document , electronic information , electronic signature and technology . Incorporation by reference (3) Subsections 73 (2) to (5) apply to regulations made under this section. 2005, c. 34, s. 70; 2012, c. 19, s. 224
Department of Employment and Social Development Act — H-5.7 70.1
Application 70.1 This Part applies to any Act, program or activity whose administration or enforcement is the responsibility of the Minister, the Minister of Labour or the Commission. 2013, c. 40, s. 211; 2014, c. 20, s. 485; 2018, c. 12, s. 279
Department of Employment and Social Development Act — H-5.7 71
Powers 71 (1) Subject to the regulations, if the Minister, the Minister of Labour or the Commission is responsible for an Act, program or activity, that responsible Minister or Commission may administer or enforce it electronically, including for the purposes of (a) creating, communicating, making available, collecting, receiving, storing, or managing or otherwise dealing with documents or information; (b) providing any services, benefits or other assistance; (c) providing notifications; (d) verifying the identity of a person or entity; (e) entering into agreements or arrangements; and (f) making, receiving or verifying an electronic signature. Restriction (2) The Minister and the Commission must not require persons or entities to apply electronically for, or receive electronically, services, benefits or other assistance except for classes of persons or entities and those services, benefits or other assistance that are prescribed by the regulations. 2005, c. 34, ss. 71, 83; 2012, c. 19, s. 224; 2013, c. 40, s. 212; 2017, c. 26, s. 51; 2018, c. 12, s. 280
Department of Employment and Social Development Act — H-5.7 72
Electronic manner of filing documents 72 (1) Unless another manner of filing a document or information is expressly required by a provision of an Act or a regulation, or by a term or condition of a program, the filing of an electronic version of the document or information is to be considered as the filing of a document or information in accordance with the provision or the term or condition. Power to prescribe form or manner of filing (2) A provision of an Act or a regulation, or a term or condition of a program, that provides for a power to issue, prescribe or in any other manner establish a form or to establish the manner of filing a document or information includes the power to do so with respect to an electronic document or information. Written documents or information (3) A requirement under a provision of an Act or a regulation, or a term or condition of a program, that a document be in writing or information be provided in writing is satisfied by an electronic document or information if the electronic document or information (a) is readable or perceivable so as to be usable for subsequent reference; (b) is in a format that does not prevent it from being retained by the recipient; and (c) meets the prescribed requirements, if any. Signatures (4) A requirement under a provision of an Act or a regulation, or a term or condition of a program, to provide a signature is satisfied by an electronic signature if the electronic signature (a) is reliable for the purposes for which it is required; (b) is reliably linked with the electronic document in respect of which the signature is required; and (c) meets the prescribed requirements, if any. Meaning of filing (5) In this section, filing includes all manner of transmitting, regardless of how it is designated. 2005, c. 34, s. 72; 2012, c. 19, s. 224; 2013, c. 40, s. 213; 2018, c. 12, s. 281
Department of Employment and Social Development Act — H-5.7 73
Regulations 73 (1) The Governor in Council may make regulations (a) providing for circumstances in which subsection 71(1) does not apply; (b) defining, enlarging or restricting the meaning of any word or expression used but not defined in this Part; (c) respecting the creation, communication, making available, collection, reception, storage or management of, or any other method of dealing with, electronic documents or electronic information, and their admissibility in any proceedings, including establishing (i) criteria for the reliability of electronic documents, electronic information or electronic signatures, (ii) the date and hour when an electronic document or electronic information is deemed to be sent or received and the place where it is deemed to be sent or received, (iii) the technology to be used and process to be followed for making, receiving or verifying an electronic signature, and (iv) whether an electronic document must be signed with an electronic signature; (d) establishing criteria for the validity of an agreement or arrangement entered into electronically; (e) respecting terms and conditions for providing or receiving electronically services, benefits or other assistance, including the payment of amounts electronically; (f) respecting the technology to be used and the process to be followed for verifying electronically the identity of any person or entity; (g) respecting the establishment and operation of electronic systems or any other technology to be used in the administration or enforcement of an Act or regulation to which this Part applies or in the administration or enforcement of a program or activity to which this Part applies, and respecting the manner in which and the extent to which any provision of that Act or regulation, or any term or condition of that program applies to the electronic systems; and (h) prescribing anything that by this Part is to be prescribed. Incorporation by reference (2) A regulation made under this section may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time. Accessibility (3) The Minister, the Minister of Labour or the Commission, as the case may be, shall ensure that any document that is incorporated by reference in a regulation in respect of which the administration or the enforcement is their responsibility is accessible. Defence (4) A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in the regulation is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (3) or it was otherwise accessible to the person. No registration or publication (5) For greater certainty, a document that is incorporated by reference in the regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference. 2005, c. 34, s. 73; 2012, c. 19, s. 224; 2013, c. 40, s. 214; 2018, c. 12, s. 282
Department of Employment and Social Development Act — H-5.7
Chapter 12 of the Agreement , within the meaning of subsection 2(1) of the Canada-Israel Free Trade Agreement Implementation Act , as amended from time to time in accordance with Article 21.2 of that Agreement.
Department of Employment and Social Development Act — H-5.7
Chapter 18 of the Free Trade Agreement between Canada and the Republic of Korea, done at Ottawa on September 22, 2014, as amended from time to time in accordance with Article 23.2 of that Agreement.
Department of Employment and Social Development Act — H-5.7
The Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009, as amended from time to time in accordance with Article 22 of that Agreement.
Department of Employment and Social Development Act — H-5.7
The Agreement on Labour Cooperation between Canada and the Republic of Colombia, signed on November 21, 2008, as amended from time to time in accordance with Article 30 of that Agreement.
Department of Employment and Social Development Act — H-5.7
The Agreement on Labour Cooperation between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013, as amended from time to time in accordance with Article 22 of that Agreement.
Department of Employment and Social Development Act — H-5.7
The Agreement on Labour Cooperation between Canada and the Republic of Panama, done at Ottawa on May 13, 2010, as amended from time to time in accordance with Article 22 of that Agreement.
Department of Employment and Social Development Act — H-5.7
The Agreement on Labour Cooperation between Canada and the Republic of Peru, signed on May 29, 2008, as amended from time to time in accordance with Article 30 of that Agreement.
Department of Employment and Social Development Act — H-5.7 251
Definitions 251 The following definitions apply in sections 252 to 270 . 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 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 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 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 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 )
Department of Employment and Social Development Act — H-5.7
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 )
Department of Employment and Social Development Act — H-5.7
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 )
Department of Employment and Social Development Act — H-5.7
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 )
Department of Employment and Social Development Act — H-5.7
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 )
Department of Employment and Social Development Act — H-5.7
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 )
Department of Employment and Social Development Act — H-5.7 252
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.
Department of Employment and Social Development Act — H-5.7 261
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.
Department of Employment and Social Development Act — H-5.7 269
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.
Department of Employment and Social Development Act — H-5.7 217
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.
Department of Employment and Social Development Act — H-5.7 218
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.
Department of Employment and Social Development Act — H-5.7 219
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.
Department of Employment and Social Development Act — H-5.7 220
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.
Department of Employment and Social Development Act — H-5.7 238
Definitions 238 The following definitions apply in this section and sections 239 to 243 . Appeal Division means the Appeal Division of the Tribunal. ( division d’appel ) 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 means the General Division of the Tribunal. ( division générale ) Income Security Section means the Income Security Section of the General Division of the Tribunal. ( section de la sécurité du revenu ) 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 means the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act . ( Tribunal )
Department of Employment and Social Development Act — H-5.7
Appeal Division means the Appeal Division of the Tribunal. ( division d’appel )
Department of Employment and Social Development Act — H-5.7
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 )
Department of Employment and Social Development Act — H-5.7
General Division means the General Division of the Tribunal. ( division générale )
Department of Employment and Social Development Act — H-5.7
Income Security Section means the Income Security Section of the General Division of the Tribunal. ( section de la sécurité du revenu )
Department of Employment and Social Development Act — H-5.7
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 )
Department of Employment and Social Development Act — H-5.7
Tribunal means the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act . ( Tribunal )
Department of Employment and Social Development Act — H-5.7 239
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.