Budget Implementation Act, 2021, No. 1 (S.C. 2021, c. 23)

231 [Amendments]

232 [Amendments]

233 [Amendments]

234 [Amendments]

235 [Amendments]

236 [Amendments]

R.S., c. F-7; 2002, c. 8, s. 14Consequential Amendment to the Federal Courts Act

237 [Amendments]

Transitional Provisions

Marginal note: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)

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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).

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Coming into Force

Marginal note:Order in council

Footnote ^*244 This Division comes into force on a day to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Division 20 in force December 5, 2022, see SI/2022-59.]

DIVISION 21R.S., c. L-2Canada Labour Code (Equal Remuneration Protection)

245 [Amendments]

DIVISION 22R.S., c. L-2Canada Labour Code (Federal Minimum Wage)

Amendments to the Act

246 [Amendments]

247 [Amendments]

Coming into Force

Marginal note:Six months after royal assent

Footnote ^*248 This Division comes into force on the day that, in the sixth month after the month in which this Act receives royal assent, has the same calendar number as the day on which it receives royal assent or, if that sixth month has no day with that number, the last day of that sixth month.

• Return to footnote ^*[Note: Division 22 in force December 29, 2021.]

DIVISION 23R.S., c. L-2Canada Labour Code (Leave Related to the Death or Disappearance of a Child)

249 [Amendments]

250 [Amendments]

DIVISION 24Payment to Quebec

Marginal note:Payment of $130.3 million

• 251 (1) For the purpose of offsetting some of the costs of aligning the Quebec Parental Insurance Plan with temporary measures set out in Part VIII.5 of the Employment Insurance Act, the Minister of Employment and Social Development may, before the end of the fiscal year ending on March 31, 2022, make a one-time payment of $130,300,000 out of the Consolidated Revenue Fund to Quebec.

• Marginal note:Agreement

  (2) The Minister of Employment and Social Development may, on behalf of Her Majesty in right of Canada, enter into an agreement with Quebec in relation to the time and manner of the payment.

DIVISION 25R.S., c. J-1Judges Act

Amendment to the Act

252 [Amendments]

Transitional Provision

Marginal note:Section 65.1 of Judges Act

253 Section 65.1 of the Judges Act does not apply to a judge whose removal from judicial office has been recommended by the Canadian Judicial Council before the day on which section 252 comes into force.

DIVISION 26New Judicial Resources

R.S., c. F-7; 2002, c. 8, s. 14Federal Courts Act

254 [Amendments]

R.S., c. J-1Judges Act

255 [Amendments]

256 [Amendments]

257 [Amendments]

258 [Amendments]

R.S., c. T-2Tax Court of Canada Act

259 [Amendments]

DIVISION 27R.S., c. N-15National Research Council Act

260 [Amendments]

261 [Amendments]

DIVISION 282005, c. 34; 2013, c. 40, s. 205Department of Employment and Social Development Act

262 [Amendments]

DIVISION 29Student Loans and Apprentice Loans

R.S., c. S-23Canada Student Loans Act

263 [Repealed before coming into force, 2021, c. 23, s. 266]

1994, c. 28Canada Student Financial Assistance Act

264 [Repealed before coming into force, 2021, c. 23, s. 266]

2014, c. 20, s. 483Apprentice Loans Act

265 [Repealed before coming into force, 2021, c. 23, s. 266]

Coordinating Amendments

266 [Amendments]

DIVISION 30First Nations Elections

Marginal note:Regulations deemed valid

267 The First Nations Election Cancellation and Postponement Regulations (Prevention of Diseases), made on April 7, 2020 and registered as SOR/‍2020-84, and the Regulations Amending the First Nations Election Cancellation and Postponement Regulations (Prevention of Diseases), made on April 8, 2021 and registered as SOR/‍2021-78, are deemed to have been validly made and everything done under, and all consequences flowing from, those Regulations since April 8, 2020 are deemed effective as if those Regulations were so made.

DIVISION 31Increase to Old Age Security Pension and Payment

R.S., c. O-9Old Age Security Act

268 [Amendments]

269 [Amendments]

270 [Amendments]

271 [Amendments]

272 [Amendments]

273 [Amendments]

274 [Amendments]

Payment

Marginal note:Payment out of C.R.F.

275 Any amount payable by the Minister of Employment and Social Development to pensioners, as defined in section 2 of the Old Age Security Act, who are or will be 75 years of age or older on June 30, 2022, in relation to a program to provide a one-time payment of $500 to those pensioners, may be paid out of the Consolidated Revenue Fund.

DIVISION 322003, c. 22, ss. 12 and 13Public Service Employment Act

Amendments to the Act

276 [Amendments]

277 [Amendments]

278 [Amendments]

279 [Amendments]

280 [Amendments]

281 [Amendments]

Transitional Provisions

Marginal note:Investigations

282 Subsection 2(5) of the Public Service Employment Act, as enacted by subsection 277(2), applies only in respect of appointment processes that commence on or after the day on which that subsection 277(2) comes into force and investigations into those processes.

Marginal note:Qualifications standards

283 Subsection 31(3) of the Public Service Employment Act, as enacted by section 279, applies only in respect of reviews that commence on or after the day on which that section 279 comes into force.