GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Department of Employment and Social Development Act — H-5.7 240
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.
Department of Employment and Social Development Act — H-5.7 241
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.
Department of Employment and Social Development Act — H-5.7 242
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.
Department of Employment and Social Development Act — H-5.7 243
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.
Department of Employment and Social Development Act — H-5.7 664
Definitions 664 The following definitions apply in this section and sections 665 to 678 . 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 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 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
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 )
Department of Employment and Social Development Act — H-5.7
Employment Insurance Section means the Employment Insurance Section of the General Division. ( section de l’assurance-emploi )
Department of Employment and Social Development Act — H-5.7
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 )
Department of Employment and Social Development Act — H-5.7 665
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.
Department of Employment and Social Development Act — H-5.7 666
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.
Department of Employment and Social Development Act — H-5.7 667
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.
Department of Employment and Social Development Act — H-5.7 668
Application for leave to appeal 668 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 634 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.
Department of Employment and Social Development Act — H-5.7 671
Question of constitutional law 671 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 634 comes into force, to refer a question of constitutional law back to the Board of Appeal for reconsideration.
Department of Employment and Social Development Act — H-5.7 673
Board of Appeal access to documents and information 673 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.
Department of Employment and Social Development Act — H-5.7 675
Section 53 of Department of Employment and Social Development Act 675 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.
Department of Employment and Social Development Act — H-5.7 676
Section 241 of Budget Implementation Act, 2021, No. 1 676 (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 634 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.
Department of Employment and Social Development Act — H-5.7 678
Labour Adjustment Benefits Act 678 (1) Subsection 13(7) of the Labour Adjustment Benefits Act , as it read immediately before the day on which section 634 comes into force, continues to apply — until the day on which section 635 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 634 comes into force.
Department of Employment and Social Development Act — H-5.7 270
270 (1) Subsection 5.1(1) of the Act is amended by adding the following after paragraph (a): (a.1) provide electronic information transfer services to any partner entity authorized by the Governor in Council; (2) Subsection 5.1(1) of the Act is amended by adding the following after paragraph (b): (b.1) provide administration services relating to electronic or online accounts for any partner entity authorized by the Governor in Council;
Department of Employment and Social Development Act — H-5.7 635
635 Subsection 44(2) of the Act is repealed.
Department of Employment and Social Development Act — H-5.7 636
636 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.
Department of Employment and Social Development Act — H-5.7 637
637 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.
Department of Employment and Social Development Act — H-5.7 639
639 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.
Department of Employment and Social Development Act — H-5.7 641
641 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.
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 90 days after the day on which the decision is communicated to the appellant.
Department of Employment and Social Development Act — H-5.7 642
642 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.
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 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.
Department of Employment and Social Development Act — H-5.7 646
646 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.
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 General Division may only be brought if leave to appeal is granted.
Department of Employment and Social Development Act — H-5.7 57
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.
Department of Employment and Social Development Act — H-5.7 647
647 (1) Subsection 58(1) of the Act is repealed.
Department of Employment and Social Development Act — H-5.7 648
648 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.
Department of Employment and Social Development Act — H-5.7 58.1
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.
Department of Employment and Social Development Act — H-5.7 649
649 (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.
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 General Division.