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

Short Title

Marginal note:Short title

1 This Act may be cited as the Department of Employment and Social Development Act.

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Act.

Board of Appeal

Board of Appeal means the Employment Insurance Board of Appeal established under section 43.01. (Conseil d’appel)

Commission

Commission means the Canada Employment Insurance Commission continued by section 20. (Commission)

Minister

Minister means the Minister of Employment and Social Development. (ministre)

partner entity

partner entity means

• (a) a department or any other body, other than a parent Crown corporation, referred to in a schedule to the Financial Administration Act;

• (b) a parent Crown corporation and any wholly-owned subsidiary, as those terms are defined in section 83 of the Financial Administration Act;

• (c) the government of a province, a public body created under the law of a province, or a municipality;

• (d) a council, government or other entity authorized to act on behalf of either a band, as defined in subsection 2(1) of the Indian Act, or a First Nation, Aboriginal people or Aboriginal organization that is a party to a land claim agreement or any other treaty, self-government agreement or settlement agreement; and

• (e) a non-profit corporation or public body performing a function for an entity referred to in any of paragraphs (a) to (d). (entité partenaire)

Tribunal

Tribunal means the Social Security Tribunal established under section 44. (Tribunal)

PART 1Department of Employment and Social Development

Continuation

Marginal note:Department continued

• 3 (1) The Department of Human Resources and Skills Development is continued under the name of the Department of Employment and Social Development over which the Minister of Employment and Social Development, appointed by commission under the Great Seal, shall preside.

• Marginal note:Employment and Social Development Canada

  (2) The expressions “Employment and Social Development Canada” and “Emploi et Développement social Canada” in any document issued or executed in relation to the powers, duties and functions conferred on the Minister by this or any other Act are deemed to be references to the “Department of Employment and Social Development” and the “ministère de l’Emploi et du Développement social”, respectively.

• Marginal note:Minister

  (3) The Minister holds office during pleasure and has the management and direction of the Department.

Marginal note:Deputy Minister

• 4 (1) The Governor in Council may appoint an officer called the Deputy Minister of Employment and Social Development to hold office during pleasure and to be the deputy head of the Department.

• Marginal note:Associate Deputy Ministers

  (2) The Governor in Council may appoint one or more Associate Deputy Ministers of Employment and Social Development to hold office during pleasure and each shall have the rank and status of a deputy head of a department and exercise, under the Deputy Minister of Employment and Social Development, the powers and perform the duties and functions as deputies of the Minister and otherwise that the Minister may specify.

• Marginal note:Deputy Minister of Labour

  (3) The Governor in Council may designate the Deputy Minister of Employment and Social Development or one of the Associate Deputy Ministers to be Deputy Minister of Labour.

Powers, Duties and Functions of the Minister

Marginal note:Powers, duties and functions

• 5 (1) The Minister’s powers, duties and functions extend to and include all matters relating to human resources and skills development in Canada or the social development of Canada over which Parliament has jurisdiction and which are not by law assigned to any other Minister, department, board or agency of the Government of Canada.

• Marginal note:Exercise of powers

  (2) The Minister shall exercise the powers and perform the duties and functions

  • (a) relating to human resources and skills development with a view to improving the standard of living and quality of life of all Canadians by promoting a highly skilled and mobile workforce and an efficient and inclusive labour market; and

  • (b) relating to social development with a view to promoting social well-being and income security.

Marginal note:Service delivery to public

• 5.1 (1) The Minister may provide support for service delivery to the public and, in so doing, he or she may

  • (a) provide the following services and facilities to any partner entity and perform activities related to those services and facilities:

    • (i) services and facilities in support of its delivery of its programs and services, and

    • (ii) any other service or facility that is authorized by the Governor in Council;

  • (b) provide the following services to any department or body listed in Schedule I, I.1 or II to the Financial Administration Act and to any other partner entity authorized by the Governor in Council and perform activities related to those services:

    • (i) the administration of websites that are accessible to the public,

    • (ii) the administration of social media accounts,

    • (iii) the publication of mobile applications on third-party mobile application stores and on the Government of Canada website,

    • (iv) online citizen engagement, and

    • (v) any other related electronic or digital service;

  • (c) administer the Government of Canada website; and

  • (d) provide information services relating to programs and services of the Government of Canada and of any other person, organization or government authorized by the Governor in Council.

• Marginal note:Authorization — Governor in Council

  (2) The Minister may provide any service or facility that is described in subsection (1), other than the services described in paragraph (1)(c) or (d), and that is authorized by the Governor in Council to any other person, organization or government that the Governor in Council authorizes.

• Marginal note:Exercise of powers

  (3) The Minister shall, in supporting service delivery to the public, do so with a view to better serving the needs of Canadians.

Marginal note:Fees — services and facilities

• 5.2 (1) The Minister may charge for any service or facility provided under subsection 5.1(1), except the services provided under paragraph 5.1(1)(c) or (d).

• Marginal note:Spending authority

  (2) The Minister may spend revenues obtained under subsection (1).

Marginal note:Powers

6 In exercising the powers and performing the duties and functions assigned to the Minister under this or any other Act, the Minister may

• (a) subject to the Statistics Act, collect, analyze, interpret, publish and distribute information relating to human resources and skills development, social development or service delivery to the public; and

• (b) cooperate with provincial authorities with a view to coordinating efforts for human resources and skills development, social development, or service delivery to the public.

Marginal note:Programs

7 The Minister may, in exercising the powers and performing the duties and functions assigned by this Act, establish and implement programs designed to support projects or other activities that contribute to the development of the human resources of Canada and the skills of Canadians, to the social development of Canada or to service delivery to the public, and the Minister may make grants and contributions in support of the programs.

Marginal note:Business numbers — Minister

8 The Minister may collect any business number, as defined in subsection 248(1) of the Income Tax Act, and use it as an identifier for the purposes of the administration or enforcement any Act, program or activity in respect of which the administration or enforcement is the responsibility of the Minister.

Marginal note:Social Insurance Numbers

8.1 The Minister may collect and use a person’s Social Insurance Number to verify their identity for the purposes of the administration or enforcement of any Act, program or activity in respect of which the administration or enforcement is the responsibility of the Minister.

Committees

Marginal note:Committees

• 9 (1) The Minister may establish advisory and other committees and provide for their membership, duties, functions and operation.

• Marginal note:Remuneration

  (2) Members of a committee shall be paid, in connection with their work for the committee, the remuneration that may be fixed by the Governor in Council.

• Marginal note:Travel, living and other expenses

  (3) Members of a committee are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel, living and other expenses incurred in connection with their work for the committee while absent, in the case of full-time members, from their ordinary place of work or, in the case of part-time members, from their ordinary place of residence.

General Provisions

Marginal note:Agreements

10 For the purpose of facilitating the formulation, coordination and implementation of any program or policy relating to the powers, duties and functions conferred by this Act, the Minister may enter into agreements with a province or a provincial public body, financial institutions and other persons or bodies that the Minister considers appropriate.

Marginal note:Delegation

11 The Minister may authorize the Minister of Labour, the Commission or any other person or body, or member of a class of persons or bodies, to exercise any power or perform any duty or function of the Minister.

Marginal note:Oaths and affidavits

12 A person or member of a class of persons employed by the Department and authorized by the Deputy Minister and any other person or member of a class of persons authorized by the Minister may, in the course of their duties, administer oaths and take and receive affidavits, declarations and affirmations for the purposes of or incidental to the performance of their duties, and every person so authorized has for those purposes all the powers of a commissioner for administering oaths or taking affidavits.

Marginal note:Fees for services and use of facilities

• 13 (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees to be paid for a service or the use of a facility provided by the Minister, the Department, the Commission or any other board or agency of the Government of Canada for which the Minister has responsibility.

• Marginal note:Amount not to exceed cost

  (2) Fees that are fixed under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.

Marginal note:Fees for products, rights and privileges

14 The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees to be paid for products, rights and privileges provided by the Minister, the Department, the Commission or any other board or agency of the Government of Canada for which the Minister has responsibility.

Marginal note:Fees for regulatory processes and approvals

• 15 (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees to be paid for regulatory processes or approvals provided by the Minister, the Department, the Commission or any other board or agency of the Government of Canada for which the Minister has responsibility.

• Marginal note:Amount

  (2) Fees that are fixed under subsection (1) may not in the aggregate exceed an amount sufficient to compensate Her Majesty in right of Canada for any reasonable outlays incurred by Her Majesty for providing the regulatory processes or approvals.

Marginal note:Publication

• 16 (1) The Minister shall, within thirty days after the day on which the Minister fixes a fee under any of sections 13 to 15, publish the fee in the Canada Gazette.

• Marginal note:Reference to Scrutiny Committee

  (2) A fee fixed under any of sections 13 to 15 shall stand referred to the Committee referred to in section 19 of the Statutory Instruments Act to be reviewed and scrutinized as if it were a statutory instrument.

Marginal note:Power to make regulations

17 The Treasury Board may make regulations for the purposes of sections 13 to 15.

PART 2Minister of Labour

Marginal note:Minister of Labour

• 18 (1) A Minister of Labour may be appointed by commission under the Great Seal to hold office during pleasure.

• Marginal note:Powers, duties and functions

  (2) The powers, duties and functions of the Minister of Labour extend to and include all matters relating to labour over which Parliament has jurisdiction and which are not by law assigned to any other department, board or agency of the Government of Canada. They are to be exercised with the objective of promoting safe, healthy, fair, stable, cooperative and productive workplaces.

• Marginal note:No Minister of Labour appointed

  (3) If no Minister of Labour is appointed under subsection (1),

  • (a) the Minister shall exercise the powers and perform the duties and functions of the Minister of Labour; and

  • (b) every reference to the Minister of Labour in any Act of Parliament or in any order, regulation or other instrument made under an Act of Parliament shall, unless the context otherwise requires, be read as a reference to the Minister.

• Marginal note:Use of departmental services and facilities

  (4) The Minister of Labour shall make use of the services and facilities of the Department and may authorize employees of the Department to exercise any power or perform any duty or function of the Minister of Labour.

Marginal note:Programs

19 The Minister of Labour may, in exercising the powers and performing the duties and functions assigned by subsection 18(2), establish and implement programs designed to support projects or other activities that promote safe, healthy, fair, stable, cooperative and productive workplaces, and the Minister may make grants and contributions in support of the programs.

Marginal note:Business numbers — Minister of Labour

19.01 The Minister of Labour may collect any business number, as defined in subsection 248(1) of the Income Tax Act, and use it as an identifier for the purposes of the administration or enforcement of any Act, program or activity in respect of which the administration or enforcement is the responsibility of that Minister.

Marginal note:Social Insurance Numbers — Minister of Labour

19.02 The Minister of Labour may collect and use a person’s Social Insurance Number to verify their identity for the purposes of the administration or enforcement of any Act, program or activity in respect of which the administration or enforcement is the responsibility of that Minister.

Marginal note:Crediting to Labour Cooperation Treaties Account

• 19.1 (1) All moneys received by Her Majesty as a result of a monetary assessment by a panel determination under a treaty, or chapter of a treaty, respecting labour cooperation referred to in the schedule shall be paid into the Consolidated Revenue Fund and, if required under the treaty, credited to a special account in the accounts of Canada to be known as the Labour Cooperation Treaties Account.

• Marginal note:Additional credits to Account

  (2) If an amount is assessed against Canada by a panel determination under a treaty, or chapter of a treaty, respecting labour cooperation referred to in the schedule, an amount equal to that amount shall be credited to the Account if the Account has been designated for the purposes of the treaty in accordance with its provisions.

• Marginal note:Interest

  (3) On April 1 of every year there shall be credited to the Account an amount representing interest, at the rate fixed for the purposes of subsection 21(2) of the Financial Administration Act, on the balance to the credit of the Account.

• Marginal note:Payment of moneys

  (4) One or more amounts not exceeding in total the amount standing in the Account in relation to a treaty, including interest, may, on the requisition of the Minister of Labour, be paid out of the Consolidated Revenue Fund in accordance with the provisions of the treaty. The amount of all such payments is to be charged to the Account.

PART 3Canada Employment Insurance Commission

Continuation of the Commission

Marginal note:Commission

• 20 (1) The Canada Employment Insurance Commission is continued. It consists of four commissioners.

• Marginal note:Commissioners

  (2) The four commissioners shall be

  • (a) the Deputy Minister of Employment and Social Development, who shall be the Chairperson of the Commission;

  • (b) an Associate Deputy Minister of Employment and Social Development, who shall be the Vice-Chairperson of the Commission;

  • (c) a person appointed by the Governor in Council after consultation with organizations representative of workers; and

  • (d) a person appointed by the Governor in Council after consultation with organizations representative of employers.

• Marginal note:Employment Insurance Canada

  (3) The expressions “Employment Insurance Canada” and “Assurance-emploi Canada” in any document issued or executed in relation to the matters set out in section 24 are deemed to be references to the “Canada Employment Insurance Commission” and the “Commission de l’assurance-emploi du Canada”, respectively.

Marginal note:Tenure, remuneration and conditions of office

• 21 (1) Commissioners, other than the Chairperson and Vice-Chairperson,

  • (a) shall be appointed by the Governor in Council to hold office during good behaviour for a term not exceeding five years but may be removed by the Governor in Council at any time for cause;

  • (b) are eligible for reappointment on the expiration of each term of office;

  • (c) shall receive the remuneration that is fixed by the Governor in Council;

  • (d) are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made pursuant to section 9 of the Aeronautics Act; and

  • (e) shall devote the whole of their time to the performance of the duties and functions of the office of commissioner and shall not accept or hold any office or employment or carry on any activity inconsistent with their duties and functions.

• Marginal note:Tenure, remuneration and conditions of office — acting

  (2) In the event of the absence or incapacity of a commissioner other than the Chairperson or Vice-Chairperson or if the office is vacant, the Governor in Council may designate a person to act as a commissioner for the period of the absence, incapacity or vacancy and the person so designated has and may exercise all the powers and perform all the duties and functions of a commissioner, unless the Governor in Council specifies otherwise.

Marginal note:Chairperson

• 22 (1) The Chairperson of the Commission is the chief executive officer of the Commission. The Chairperson supervises the work of the Commission and presides at its meetings.

• Marginal note:Vice-Chairperson

  (2) The Vice-Chairperson of the Commission exercises the powers and performs the duties and functions under the Chairperson that the Chairperson may specify.

• Marginal note:Acting Chairperson

  (3) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-Chairperson has and may exercise all the powers and perform all the duties and functions of the Chairperson.

• Marginal note:Acting Vice-Chairperson

  (4) In the event of the absence or incapacity of the Vice-Chairperson, if the office of Vice-Chairperson is vacant or if the Vice-Chairperson is acting as Chairperson pursuant to subsection (3), the Governor in Council may designate a person to act as Vice-Chairperson for the period of the absence, incapacity or vacancy or the period during which the Vice-Chairperson is acting as Chairperson, and the person so designated has and may exercise all the powers and perform all the duties and functions of the Vice-Chairperson, unless the Governor in Council specifies otherwise.

Marginal note:Voting

23 The Vice-Chairperson may not vote at any meeting of the Commission unless the Vice-Chairperson is acting for or on behalf of the Chairperson.

Powers, Duties and Functions of the Commission

Marginal note:Powers, duties and functions of the Commission

• 24 (1) The Commission shall exercise the powers and perform the duties and functions

  • (a) that are required by the Minister or by or pursuant to an Act of Parliament in relation to employment insurance, employment services and the development and utilization of labour market resources; and

  • (b) that are required by order of the Governor in Council or by or pursuant to an Act of Parliament in relation to other matters.

• Marginal note:Agreements with other countries

  (2) With the approval by order of the Governor in Council, the Commission may, notwithstanding any other Act of Parliament, enter into agreements with the governments of other countries to establish reciprocal arrangements relating to any matter set out in subsection (1).

• Marginal note:Directions to Commission

  (3) The Commission shall comply with any directions given to it from time to time by the Minister respecting the exercise of its powers or the performance of its duties and functions.

Marginal note:Business numbers — Commission

24.1 The Commission may collect any business number, as defined in subsection 248(1) of the Income Tax Act, and use it as an identifier for the purposes of the administration or enforcement of the Employment Insurance Act.

Marginal note:Rules

• 25 (1) The Commission may make rules respecting the calling of meetings of the Commission and generally respecting the conduct of its business.

• Marginal note:Minutes of meetings

  (2) Minutes shall be recorded of all formal meetings of the Commission.

Marginal note:Agent of Her Majesty

• 26 (1) The Commission is a body corporate and is for all purposes an agent of Her Majesty in right of Canada and it may exercise its powers only as an agent of Her Majesty in that right.

• Marginal note:Contracts

  (2) The Commission may, on behalf of Her Majesty in right of Canada, enter into contracts in the name of Her Majesty or in the name of the Commission.

Organization and Operation of the Commission

Marginal note:Head office

• 27 (1) The head office of the Commission shall be in the National Capital Region as described in the schedule to the National Capital Act or at any other place in Canada that may be designated by order of the Governor in Council.

• Marginal note:Residence

  (2) The Chairperson and Vice-Chairperson shall reside in the National Capital Region or at the place designated by the Governor in Council under subsection (1), or within reasonable commuting distance of that region or place.

Marginal note:Staff

• 28 (1) The officers and employees necessary for the proper conduct of the business of the Commission shall be employees of the Department.

• (1.1) [Repealed, 2008, c. 28, s. 132]

• Marginal note:Agents

  (2) The Commission may enter into contracts with agents in or for locations where the Commission considers it desirable to do so.

• Marginal note:Delegation

  (3) The Commission may authorize any person or body, or member of a class of persons or bodies, to exercise powers or perform duties and functions of or delegated to the Commission, and any such authorized person or body or class of persons or bodies may exercise specified powers or perform specified duties and functions.

• Marginal note:Actuary — Employment Insurance Act

  (4) The Commission shall engage the services of a Fellow of the Canadian Institute of Actuaries who is an employee of the Office of the Superintendent of Financial Institutions to perform the duties under section 66.3 of the Employment Insurance Act.

Social Insurance Number

Marginal note:Registration

• 28.1 (1) Any person who is employed in insurable employment as defined in the Employment Insurance Act or who is a self-employed person in respect of whom Part VII.1 of that Act applies must be registered with the Commission.

• Marginal note:Register

  (2) The Commission shall maintain a register containing the names of the persons referred to in subsection (1) and any other information that it determines is necessary to accurately identify them.

• Marginal note:Social Insurance Number

  (3) The Commission shall assign to each person registered with it a number that is suitable for use as a file number or account number or for data processing purposes, and that number is the person’s Social Insurance Number for any purpose for which a Social Insurance Number is required.

• Marginal note:Social Insurance Number card

  (4) The Commission may issue to each person registered with it a card containing the person’s name and Social Insurance Number.

Marginal note:Social Insurance Register

• 28.2 (1) The Commission may maintain a Social Insurance Register containing

  • (a) the names of persons registered in the registry referred to in section 28.1;

  • (b) the names of persons to whom a Social Insurance Number has been assigned under the Canada Pension Plan; and

  • (c) the names of persons for whom an application has been made to the Commission for a Social Insurance Number.

• Marginal note:Additional information

  (2) The Social Insurance Register may, subject to any regulations that the Governor in Council may make in that regard, contain any other information in addition to the names and Social Insurance Numbers of persons that is necessary to accurately identify all persons who are registered.

• Marginal note:Issuing number and card

  (3) When a Social Insurance Number is assigned to a person by the Commission in the course of maintaining the registers mentioned in this section and section 28.1, the Commission may issue a Social Insurance Number card to that person and that number is the person’s Social Insurance Number for all purposes for which a Social Insurance Number is required.

• Marginal note:Regulations

  (4) The Commission may, with the approval of the Governor in Council, make regulations respecting

  • (a) the registration of persons under this section and section 28.1, including applications for that registration;

  • (b) the assignment and use of Social Insurance Numbers;

  • (c) the issuance, custody, production and use of Social Insurance Number cards;

  • (d) periods of validity, and the extension of those periods, of Social Insurance Numbers and Social Insurance Number cards; and

  • (e) the replacement of Social Insurance Number cards that have been lost, destroyed or defaced.

• Marginal note:Availability of information — social insurance registers

  (5) The Commission may make available any information contained in the registers maintained under this section and section 28.1 that the Commission considers necessary for the accurate identification of persons and for the effective use by those persons of Social Insurance Numbers to any persons that the Commission thinks appropriate to accomplish that purpose.

• Marginal note:Secondary release of information

  (6) Information obtained under subsection (5) shall not be made available to a person or body unless the Commission considers it advisable, the information is made available for the same purpose and it is subject to conditions agreed on by the Commission and the person who obtained the information.

• Marginal note:Agreements still in force

  (7) Subsection (6) does not apply to information made available in accordance with an agreement entered into by the Commission before the coming into force of this section.

• Marginal note:New Social Insurance Number

  (8) A person who has been assigned a Social Insurance Number may subsequently be assigned a new Social Insurance Number, in accordance with and subject to any regulations that the Commission may make, if

  • (a) the number first assigned has been assigned to another person;

  • (b) wrongful use by another person of the number first assigned has created a situation in which the person to whom the number was first assigned is or may be caused embarrassment or hardship; or

  • (c) there are other special or unusual circumstances that would make the issuance of a new number desirable.

• Marginal note:Voiding

  (9) When a new Social Insurance Number is assigned to a person, any number previously assigned to that person becomes void.

• Marginal note:More than one number assigned

  (10) If a person has inadvertently been assigned more than one Social Insurance Number, the Commission shall determine which number is the official number and shall void the others.

Marginal note:Change of name

28.3 When the name of a person to whom a Social Insurance Number has been assigned changes because of marriage or otherwise, the person shall inform the Commission of their new name within 60 days after the day on which the change of name becomes effective, unless they have already so informed another authority empowered to receive that information.

Marginal note:Prohibitions

• 28.4 (1) No person

  • (a) shall, knowing that they already have a Social Insurance Number, make an application to be again assigned a Social Insurance Number, whether the person gives information that is the same as or different from that contained in their previous application on which the Social Insurance Number had been assigned;

  • (b) shall, with intent to defraud or deceive any person, present, loan or use a Social Insurance Number or Social Insurance Number card;

  • (c) shall, without the authority of the Commission, manufacture a Social Insurance Number card or a substantially similar card, or duplicate a Social Insurance Number card, except by making a paper photocopy for record purposes only; or

  • (d) shall, without the authority of the Commission, sell a Social Insurance Number, a Social Insurance Number card or a substantially similar card.

• Marginal note:Offence and punishment

  (2) Every person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine of not more than $1,000 or to imprisonment for a term of not more than one year, or to both.

Marginal note:Designation of investigators

• 28.5 (1) The Minister or the Commission may designate as an investigator for the purpose of enforcing section 28.4 any person, or class of persons, that the Minister or the Commission considers qualified.

• Marginal note:Territorial jurisdiction

  (2) An information or complaint about an offence under this Part may be heard, tried or determined by any provincial court judge, as defined in section 2 of the Criminal Code, if the accused is resident, carrying on business, found, apprehended or in custody in the judge’s territorial jurisdiction regardless of whether or not the matter of the information or complaint arose in that jurisdiction.

• Marginal note:Limitation period

  (3) Proceedings in respect of an offence under this Part may be commenced at any time within, but not later than, five years after the day on which the subject matter of the proceedings arose.

Audit

Marginal note:Audit by Auditor General

29 The Auditor General of Canada shall annually audit the accounts and financial transactions of the Commission for the previous fiscal year. The Auditor General shall also audit the Employment Insurance Operating Account established by section 70.2 of the Employment Insurance Act, and a report of that audit shall be made to the Minister.

PART 4Protection of Personal Information

Marginal note:Definitions

• 30 (1) The following definitions apply in this Part.

  administration

  administration, in respect of programs, includes development, operation and evaluation. (mise en oeuvre)

  federal institution

  federal institution means a department or any other body referred to in a schedule to the Financial Administration Act. (institution fédérale)

  information

  information means personal information as defined in section 3 of the Privacy Act, except that the portion of that definition between paragraphs (i) and (j) shall be read as “but, for the purposes of this Part, does not include”. (renseignements)

  program

  program, except in subsection (2), means any program the administration or enforcement of which is the responsibility of the Minister or the Commission and includes any legislation, policy or activity the administration or enforcement of which is their responsibility. (programme)

  public officer

  public officer means an officer or employee of a federal institution, a prescribed individual or a member of a prescribed class of individuals. (fonctionnaire public)

  service delivery program

  service delivery program means a program for the provision of a service or facility referred to in subparagraph 5.1(1)(a)(i), including the performance of its related activities. (programme de prestation de services)

• Marginal note:Interpretation

  (2) For the purposes of this Part, a reference to the Minister includes the Minister of Labour in respect of any program, legislation, policy or activity the administration or enforcement of which is the responsibility of the Minister of Labour.

• (3) [Repealed, 2012, c. 19, s. 282]

Marginal note:Purpose

31 This Part sets out the rules that apply to the protection and the making available of information that is obtained by the Minister or the Commission under a program or prepared from that information. This Part also sets out principles for the use of information for research purposes.

Marginal note:Protection of information

32 Information is privileged and shall not be made available unless

• (a) it is authorized under subsection 28.2(5) or by this Part, or by an agreement under section 105 or paragraph 107(1)(a) of the Canada Pension Plan or paragraph 40(1)(a) of the Old Age Security Act; or

• (b) it may be made available under any of paragraphs 33.1(a) to (c) of the Old Age Security Act.

Marginal note:Availability of information — individuals and representatives

• 33 (1) In addition to an individual’s right of access under section 12 of the Privacy Act, and subject to the exemptions and exclusions provided in that Act, information may be made available to the individual or their representative on their request in writing to the Minister.

• Marginal note:Availability of information — individuals, representatives and members of Parliament

  (2) On the conditions that the Minister considers advisable, and subject to the exemptions and exclusions provided in the Privacy Act, if the information is relevant to the making of an application or the receipt of a benefit or other assistance by the individual under a program, to a division of unadjusted pensionable earnings or an assignment of a retirement pension that affects the individual or to any other matter that affects the individual under a program, it may be made available to

  • (a) the individual;

  • (b) the individual’s representative; or

  • (c) a member of Parliament who is inquiring on behalf of the individual.

Marginal note:Availability of information for a program

• 34 (1) Information may be made available to any person or body for the administration or enforcement of the program for which it was obtained or prepared.

• Marginal note:Availability of information within the Department

  (2) Information may be made available to the Commission or a public officer of the Department for the administration or enforcement of a program.

Marginal note:Service delivery programs

• 34.1 (1) Information may be made available to any person or body for the administration of the service delivery program under which that information was obtained or prepared.

• Marginal note:Co-administered programs

  (2) Information obtained or prepared under a program the administration or enforcement of which is the responsibility, under an Act of Parliament, of the Minister and one or more partner entities may be made available to that entity or those entities for the administration or enforcement of that program.

• Marginal note:Other programs

  (3) Information obtained or prepared under a program, other than a service delivery program, that is related to the provision of a service or facility referred to in subsection 5.1(1) may be made available to any person or body for the administration or enforcement of the program under which it was obtained or prepared.

• Marginal note:Application

  (4) For greater certainty, this section applies to information obtained or prepared before the day on which this subsection comes into force.

Marginal note:Non-application — information made available

• 34.2 (1) Sections 32 to 34 and 35 to 42 do not apply in respect of information that is made available under section 34.1.

• Marginal note:Non application — information obtained

  (2) Sections 33, 34, 35 to 36.2, 40 and 41 do not apply in respect of information obtained under a service delivery program.

Marginal note:Availability of information — federal institutions

• 35 (1) Information may be made available to a minister or a public officer of a prescribed federal institution for the administration or enforcement of a prescribed federal or provincial law or activity if the Minister considers it advisable and the information is made available subject to conditions that are agreed on by the Minister and the federal institution.

• Marginal note:Secondary release of information

  (2) Information obtained under subsection (1) shall not be made available to any other person or body unless the Minister considers it advisable, the information is made available for the same purpose and it is subject to conditions that are agreed on by the Minister and the federal institution.

Marginal note:Availability of information — provincial authorities

• 36 (1) Information may be made available to the government of a province, or to a public body created under the law of a province, for the administration or enforcement of a federal law or activity or of a provincial law or prescribed provincial activity, if the Minister considers it advisable and the information is made available subject to conditions that are agreed on by the Minister and the government or body.

• Marginal note:Availability of information to foreign states and bodies

  (2) Information may be made available to the government of a foreign state, an international organization of states or an international organization established by the governments of states, or any institution of any such government or organization, for the administration or enforcement of a law if the Minister considers it advisable and the information is made available subject to conditions agreed upon by the Minister and the government, organization or institution.

• Marginal note:Secondary release of information

  (3) Information obtained under this section by a government, public body, organization or institution shall not be made available to any other person or body unless the Minister considers it advisable, the information is made available for the same purpose and it is subject to conditions agreed upon by the Minister and the government, public body, organization or institution.

Marginal note:Information relative to Social Insurance Numbers

36.1 Despite any other Act or law, the minister or other authority charged with the administration or enforcement of an Act under which Social Insurance Numbers may be assigned and the Minister may exchange the information contained in any applications for such numbers and the numbers so assigned, and may make available any of that information or those numbers in any manner that may be authorized by that Act.

Marginal note:Availability of information — certain persons or bodies

• 36.2 (1) If the Minister considers it advisable, information may, for the purpose of the administration or enforcement of a federal law or activity or of a provincial law or prescribed provincial activity, be made available to any person or body — other than one to whom it could be made available under subsection 28.2(5) or any of sections 34 to 36.1 — on the conditions set out in an agreement between the Minister and the person or body.

• Marginal note:Secondary release of information

  (2) Information obtained under subsection (1) shall not be made available to any other person or body unless the Minister considers it advisable, the information is made available for the same purpose and it is subject to conditions that are agreed on by the Minister and the person or body that obtained the information.

Marginal note:Public interest

• 37 (1) Despite sections 33 to 36.2, information may be made available if the Minister is of the opinion that the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure or that disclosure would clearly benefit the individual to whom the information relates.

• Marginal note:Notice of disclosure

  (2) The Minister shall, prior to the disclosure, notify the Privacy Commissioner appointed under section 53 of the Privacy Act and any affected partner entity in writing of any disclosure of information under subsection (1) if it is reasonably practicable or in any other case without delay after the disclosure. The Privacy Commissioner may, if he or she considers it appropriate, notify the individual to whom the information relates of the disclosure.

Marginal note:Research or statistical purposes

38 Information may be made available for research or statistical purposes to any person or body, including a person or body referred to in section 35, 36 or 36.2 of this Act or in section 105 of the Canada Pension Plan, if

• (a) the Minister is of the opinion that the research or statistical purposes are consistent with the principles set out in paragraphs 39(1)(a) to (e);

• (b) the Minister is of the opinion that the purpose for which the information is made available cannot reasonably be accomplished unless the information is provided in a form that may identify the individual to whom it relates; and

• (c) the information is made available subject to conditions set out in an agreement between the Minister and the person or body, and the person or body undertakes in the agreement not to subsequently disclose the information in a form that could reasonably be expected to identify the individual to whom it relates.

Marginal note:Use of information for research purposes

• 39 (1) The use of information by the Minister and by public officers of the Department for policy analysis, research or evaluation purposes shall be guided by the following principles:

  • (a) the object of the policy analysis, research or evaluation is consistent with the powers, duties and functions of the Minister;

  • (b) the use of the information is consistent with any agreement under which the information was obtained;

  • (c) the results of the policy analysis, research or evaluation will be made available only in accordance with the provisions of this Part, section 105 of the Canada Pension Plan, and any agreements under which the information was obtained;

  • (d) the policy analysis, research or evaluation would be difficult or impossible if the information were not used; and

  • (e) the policy analysis, research or evaluation is in the public interest.

• Marginal note:Use

  (2) Unless authorized by the Minister, a public officer shall not use information for the purpose of policy analysis, research or evaluation if the information would allow an individual to be identified.

• Marginal note:Restriction

  (3) Information that is used for policy analysis, research or evaluation purposes shall not be used for any administrative purpose as defined in section 3 of the Privacy Act.

Marginal note:Evidence and production of documents

40 Despite any other Act or law, the Minister, the members of the Commission and public officers shall not be required, in connection with any legal proceedings, to give evidence relating to information that is privileged under section 32 or to produce a statement or other writing that contains any such privileged information unless the Minister considers that it is appropriate to do so or the legal proceeding directly concerns the administration or enforcement of a program.

Marginal note:Agreements authorizing the obtaining of information

41 The Minister may enter into agreements to obtain information for the administration or enforcement of a program with federal institutions, governments of provinces or public bodies created under provincial law, governments of foreign states, international organizations of states or international organizations established by the governments of states, any institution of any such government or organization, and other persons or bodies.

Marginal note:Offence

• 42 (1) Every person or body commits an offence if they knowingly make available information that is privileged under this Part, or knowingly use or allow such information to be used, otherwise than in accordance with this Part or subsection 28.2(5) or (6), or a condition or agreement referred to

  • (a) in subsection 33(2) or any of sections 35, 36, 36.2 and 38 of this Act;

  • (b) in section 104.1 or 105 of the Canada Pension Plan; or

  • (c) in section 39 of the Old Age Security Act.

• Marginal note:Punishment — individuals

  (2) An individual who is guilty of an offence under subsection (1) is liable on summary conviction to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.

• Marginal note:Punishment — others

  (3) A body or a person, other than an individual, who is guilty of an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000.

Marginal note:Regulations

43 The Governor in Council may, by regulation, prescribe

• (a) individuals or classes of individuals for the purpose of the definition public officer in subsection 30(1);

• (b) federal institutions, for the purposes of subsection 35(1), to which the information referred to in that subsection may be made available, and the federal or provincial laws or activities for whose administration or enforcement the information may be made available; and

• (c) provincial activities, for the purposes of subsections 36(1) and 36.2(1), in respect of which the information referred to in those subsections may be made available.

PART 5Board of Appeal and Social Security Tribunal

Board of Appeal

Establishment and Administration

Marginal note:Establishment of Board of Appeal

43.01 The Employment Insurance Board of Appeal is established.

Marginal note:Appointment — Executive Head

• 43.02 (1) The Executive Head of the Board of Appeal is to be appointed by the Governor in Council, on the recommendation of the Minister after consultation by the Minister with the Commission, to hold office during pleasure on a full-time basis for a renewable term of not more than five years.

• Marginal note:Appointment — regional coordinators

  (2) On the recommendation of the Minister after consultation by the Minister with the Commission, the Governor in Council may appoint not more than six regional coordinators to hold office during pleasure on a full-time or part-time basis for a renewable term of not more than five years that will ensure, to the extent possible, the end in any one year of the terms of office of not more than one half of the regional coordinators.

• Marginal note:Diversity

  (3) Recommendations under subsection (2) are to be made having regard to the importance of having regional coordinators who are representative of the diversity of Canadian society.

Marginal note:Composition

• 43.03 (1) The Board of Appeal consists of the Executive Head, the regional coordinators and the following members:

  • (a) members to be appointed by the Governor in Council, on the recommendation of the Minister after consultation by the Minister with the Commission, to hold office during pleasure on a part-time basis for a renewable term of not more than five years;

  • (b) members to be appointed by the Commission to hold office during pleasure on a part-time basis for a renewable term of not more than five years, each of whom must be an employer, within the meaning of subsection 2(1) of the Employment Insurance Act, or, at the time of the appointment, a representative of such employers; and

  • (c) members to be appointed by the Commission to hold office during pleasure on a part-time basis for a renewable term of not more than five years, each of whom must be an insured person, within the meaning of subsection 2(1) of the Employment Insurance Act, or, at the time of the appointment, a representative of such insured persons.

• Marginal note:Terms of members

  (2) Members are to be appointed for terms that will ensure, to the extent possible, the end in any one year of the terms of office of not more than one half of the members appointed under each of paragraphs (1)(a) to (c).

• Marginal note:Equal number

  (3) To the extent possible, an equal number of members is to be appointed under each of paragraphs (1)(a) to (c).

• Marginal note:Regional representation and diversity

  (4) Recommendations under paragraph (1)(a) and appointments under paragraphs (1)(b) and (c) are to be made having regard to the importance of regional representation in the membership of the Board of Appeal as well as the importance of having members who are representative of the diversity of Canadian society.

• Marginal note:Completion of ongoing matters

  (5) A person who ceases to be a member for any reason other than removal may, at the request of the Executive Head, 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 Board of Appeal 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 member.

Marginal note:Executive Head

• 43.04 (1) The Executive Head has supervision over and direction of the day-to-day work of the Board of Appeal. In particular, the Executive Head is responsible for the management of the regional coordinators and the members of the Board of Appeal, including providing them with training and guidance with respect to their duties and functions and evaluating their performance.

• Marginal note:Report on overall performance

  (2) The Executive Head is to report regularly to the Commission on the overall performance of the Board of Appeal.

• Marginal note:Regional coordinators

  (3) Regional coordinators assist the Executive Head and perform any duties and functions that the Executive Head may assign.

• Marginal note:Delegation — regional coordinators

  (4) The Executive Head may delegate to any regional coordinator any of the Executive Head’s powers, duties or functions, except the power to delegate under this subsection, the duty to report under subsection (2), the duty to select members under subsection 43.05(1) and the duty to select a regional coordinator under subsection 43.05(2).

• Marginal note:Members assigned to region

  (5) The Executive Head is to assign each member of the Board of Appeal to a particular region to hear appeals in that region, taking into account the member’s ordinary place of residence. However, a member may be selected to hear appeals in other regions for operational reasons.

• Marginal note:Absence — Executive Head

  (6) In the event of the absence or incapacity of the Executive Head or a vacancy in that office, the Chairperson of the Commission may authorize a person to act as Executive Head, on any terms and conditions that the Chairperson may specify, but no person so authorized has authority to act for a term of more than 90 days without the Governor in Council’s approval given on the recommendation of the Minister after consultation by the Minister with the Commission.

Marginal note:Board of Appeal hearings — three-member panels

• 43.05 (1) An appeal to the Board of Appeal is to be heard before a panel of three members selected by the Executive Head. One member, who is to be the presiding member of the panel, is to be selected from among the members referred to in paragraph 43.03(1)(a), one member is to be selected from among the members referred to in paragraph 43.03(1)(b) and one member is to be selected from among the members referred to in paragraph 43.03(1)(c).

• Marginal note:Determination of regional coordinator

  (2) The Executive Head is to select a regional coordinator to

  • (a) determine if an extension of time to bring an appeal to the Board of Appeal should be granted;

  • (b) determine if an appeal before the Board of Appeal has been abandoned; or

  • (c) hear an application to reopen an appeal that has been determined to be abandoned.

• Marginal note:Delegation — employees of Department

  (3) The Executive Head may delegate to any employees of the Department, referred to in section 43.08, the duty to select members under subsection (1) and the duty to select a regional coordinator under subsection (2).

Marginal note:Remuneration

• 43.06 (1) The Executive Head, the regional coordinators and the members of the Board of Appeal are to be paid the remuneration fixed by the Governor in Council.

• Marginal note:Expenses — Executive Head

  (2) The Executive Head is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred by the Executive Head while absent from the Executive Head’s ordinary place of work in the course of performing the Executive Head’s duties and functions.

• Marginal note:Expenses — full-time regional coordinators

  (3) Each full-time regional coordinator is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred by them while absent from their ordinary place of work in the course of performing their duties and functions as a regional coordinator.

• Marginal note:Expenses — part-time regional coordinators and members

  (4) Each part-time regional coordinator and each member of the Board of Appeal is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred by them while absent from their ordinary place of residence in the course of performing their duties and functions as a regional coordinator or a member of the Board of Appeal, as the case may be.

Marginal note:Public Service Superannuation Act

• 43.07 (1) The Executive Head and the full-time regional coordinators are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

• Marginal note:Other benefits

  (2) The Executive Head, the regional coordinators and the members of the Board of Appeal are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act.

Marginal note:Employees, services and facilities

43.08 The Minister is responsible for providing the Board of Appeal with the employees of the Department, the support services and the facilities that are needed by the Board of Appeal to exercise its powers and perform its duties and functions.

Marginal note:Immunity

43.09 No civil proceedings lie against the Executive Head, any regional coordinator or any member of the Board of Appeal 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 Board of Appeal.

Marginal note:Competence and compellability

43.1 The Executive Head, the regional coordinators and the members of the Board of Appeal are 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 Board of Appeal.

Social Security Tribunal

Establishment and Administration

Marginal note: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.

• Marginal note:General Division

  (2) The General Division consists of the Income Security Section and the Employment Insurance Section.

Marginal note:Composition

• 45 (1) The Tribunal consists of full-time and part-time members to be appointed by the Governor in Council.

• Marginal note: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]

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note:Vice-chairpersons

• 46 (1) Each Vice-chairperson exercises any powers and performs any duties and functions that the Chairperson may assign.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note:Remuneration

• 49 (1) Each member of the Tribunal is paid the remuneration fixed by the Governor in Council.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Appeal to Tribunal — General Division

Marginal note: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.

• Marginal note: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.

53 [Repealed, 2021, c. 23, s. 224]

Marginal note: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.

• Marginal note: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.

Appeal Division

Marginal note: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.

Marginal note:Leave

• 56 (1) An appeal to the Appeal Division may only be brought if leave to appeal is granted.

• (2) [Repealed, 2021, c. 23, s. 226]

Marginal note:Appeal — time limit

• 57 (1) An application for leave to appeal must be made to the Appeal Division in the prescribed form and manner and within

  • (a) in the case of a decision made by the Employment Insurance Section, 30 days after the day on which the decision and reasons are communicated in writing to the appellant; and

  • (b) in the case of a decision made by the Income Security Section, 90 days after the day on which the decision and reasons are communicated in writing to the appellant.

• Marginal note: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.

Marginal note: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.

• Marginal note:Criteria

  (2) Leave to appeal is refused if the Appeal Division is satisfied that the appeal has no reasonable chance of success.

• (3) [Repealed, 2021, c. 23, s. 228]

• (4) [Repealed, 2021, c. 23, s. 228]

• (5) [Repealed, 2021, c. 23, s. 228]

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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 Employment Insurance Section for reconsideration in accordance with any directions that the Appeal Division considers appropriate.

• Marginal note: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.

General

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note:Tribunal hearings

62 All or part of a Tribunal hearing may be held in private in the circumstances provided for in the regulations.

Marginal note: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.

• Marginal note: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.

Marginal note:Representation of party

63.1 A party may, at their own expense, be represented by a representative of their choice.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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), 58.2(1) and 59(1).

Marginal note: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.

Marginal note: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.

Regulations

Marginal note: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).

Marginal note: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), 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, by this Part, is to be prescribed by regulation.

Marginal note: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).

• Marginal note: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.

• Marginal note:Incorporation by reference

  (3) Subsections 73(2) to (5) apply to regulations made under this section.

PART 6Electronic Administration or Enforcement

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Meaning of filing

  (5) In this section, filing includes all manner of transmitting, regardless of how it is designated.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

74 [Repealed, 2012, c. 19, s. 224]

75 [Repealed, 2012, c. 19, s. 224]

76 [Repealed, 2012, c. 19, s. 224]

77 [Repealed, 2012, c. 19, s. 224]

78 [Repealed, 2012, c. 19, s. 224]

79 [Repealed, 2012, c. 19, s. 224]

80 [Repealed, 2012, c. 19, s. 224]

81 [Repealed, 2012, c. 19, s. 224]

82 [Repealed, 2012, c. 19, s. 224]

83 [Repealed, 2012, c. 19, s. 224]

84 [Repealed, 2012, c. 19, s. 224]

85 [Repealed, 2012, c. 19, s. 224]