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Coming into Force
Order in council
162. Sections 157 and 158 and subsections 159(2) and (4), 160(1), (3) and (4) and 161(2) and (3) come into force on a day or days to be fixed by order of the Governor in Council.
Division 7
2002, c. 29
Species at Risk Act
163. (1) Section 73 of the Species at Risk Act is amended by adding the following after subsection (6):
Date of expiry
(6.1) The agreement or permit must set out the date of its expiry.
(2) Subsection 73(9) of the Act is repealed.
(3) Section 73 of the Act is amended by adding the following after subsection (10):
Time limits
(11) The regulations may include provisions
(a) respecting time limits for issuing or renewing permits, or for refusing to do so;
(b) specifying the circumstances under which any of those time limits does not apply; and
(c) authorizing the competent minister to extend any of those time limits or to decide that a time limit does not apply, when the competent minister considers that it is appropriate to do so.
164. Paragraph 74(a) of the Act is replaced by the following:
(a) before it is entered into, issued or made, the competent minister is of the opinion that the requirements of subsections 73(2) to (6.1) are met; and
165. Section 77 of the Act is amended by adding the following after subsection (1):
Non-application
(1.1) Subsection (1) does not apply to the National Energy Board when it issues a certificate under an order made under subsection 54(1) of the National Energy Board Act.
166. Paragraph 78(1)(a) of the Act is replaced by the following:
(a) before it is entered into, issued or made, the provincial or territorial minister determines that the requirements of subsections 73(2), (3), (6) and (6.1) are met;
167. The Act is amended by adding the following after section 78:
Clarification — renewals
78.1 For greater certainty, a reference in any of sections 73 to 78 to the entering into, issuing, making or approving of any agreement, permit, licence, order or other similar document or authorization, includes renewing it, and a reference in any of those sections or in paragraph 97(1)(c) to any such document or authorization includes one that has been renewed.
168. (1) Subsection 97(1) of the Act is replaced by the following:
Offences
97. (1) Every person commits an offence who
(a) contravenes subsection 32(1) or (2), section 33, subsection 36(1), 58(1), 60(1) or 61(1) or section 91 or 92;
(b) contravenes a prescribed provision of a regulation or an emergency order;
(c) fails to comply with a term or condition of a permit issued under subsection 73(1); or
(d) fails to comply with an alternative measures agreement that the person has entered into under this Act.
Penalty
(1.1) Every person who commits an offence under subsection (1) is liable
(a) on conviction on indictment,
(i) in the case of a corporation, other than a non-profit corporation, to a fine of not more than $1,000,000,
(ii) in the case of a non-profit corporation, to a fine of not more than $250,000, and
(iii) in the case of any other person, to a fine of not more than $250,000 or to imprisonment for a term of not more than five years, or to both; or
(b) on summary conviction,
(i) in the case of a corporation, other than a non-profit corporation, to a fine of not more than $300,000,
(ii) in the case of a non-profit corporation, to a fine of not more than $50,000, and
(iii) in the case of any other person, to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both.
Exception
(1.2) Paragraph (1)(c) does not apply in respect of the failure to comply with any term or condition of any agreement, permit, licence, order or other similar document referred to in section 74 or subsection 78(1).
(2) Subsection 97(3) of the Act is replaced by the following:
Subsequent offence
(3) For a second or subsequent conviction, the amount of the fine may, despite subsection (1.1), be double the amount set out in that subsection.
(3) Subsection 97(7) of the Act is replaced by the following:
Definition of “non-profit corporation”
(7) For the purposes of subsection (1.1), “non-profit corporation” means a corporation, no part of the income of which is payable to, or is otherwise available for, the personal benefit of any proprietor, member or shareholder of the corporation.
169. Paragraph 126(d) of the Act is replaced by the following:
(d) all agreements entered into or renewed under section 73, all permits issued or renewed under that section and all agreements and permits amended under section 75 or exempted under section 76;
PART 4
VARIOUS MEASURES
Division 1
Measures with Respect to the Auditor General of Canada
R.S., c. C-13
Canadian Centre for Occupational Health and Safety Act
170. Section 25 of the Canadian Centre for Occupational Health and Safety Act and the heading before it are repealed.
171. Subsection 26(1) of the Act is replaced by the following:
Annual report
26. (1) Within four months after the end of each year, the Council shall submit to the Minister a report on the activities of the Centre for that year, including a summary of the disposition of briefs and other written representations considered by the Centre as required by subsection 6(2) and the financial statements of the Centre.
R.S., c. C-52
Currency Act
2005, c. 30, s. 114
172. Subsection 21(2) of the Currency Act is amended by adding “and” at the end of paragraph (d), by striking out “and” at the end of paragraph (e) and by repealing paragraph (f).
2005, c. 30, s. 115
173. Subsection 22(2) of the Act is repealed.
R.S., c. N-21
Natural Sciences and Engineering Research Council Act
174. Section 17 of the Natural Sciences and Engineering Research Council Act and the heading before it are repealed.
175. Subsection 18(1) of the Act is replaced by the following:
Annual report
18. (1) The President shall, within four months after the end of each fiscal year, submit to the Minister a report on the activities of the Council for that fiscal year, including the financial statements of the Council.
R.S., c. N-26
Northern Pipeline Act
176. The heading before section 13 of the Northern Pipeline Act is replaced by the following:
Annual Report
177. Sections 13 and 14 of the Act are replaced by the following:
Annual report
14. The Minister shall, on or before December 31 next following the end of each fiscal year, prepare a report on the operations of the Agency for that fiscal year and the Minister shall cause the report to be laid before each House of Parliament on that date or, if a House is not then sitting, on any of the first 15 days that it is sitting after that date.
R.S., c. S-12
Social Sciences and Humanities Research Council Act
178. Section 19 of the Social Sciences and Humanities Research Council Act and the heading before it are repealed.
179. Subsection 20(1) of the Act is replaced by the following:
Annual report
20. (1) The President shall, within four months after the end of each fiscal year, submit to the Minister a report on the activities of the Council for that fiscal year, including the financial statements of the Council.
1989, c. 3
Canadian Transportation Accident Investigation and Safety Board Act
180. Subsection 13(2) of the Canadian Transportation Accident Investigation and Safety Board Act is repealed.
1991, c. 6
Canadian Polar Commission Act
181. Section 20 of the Canadian Polar Commission Act and the heading before it are repealed.
182. Subsection 21(1) of the Act is replaced by the following:
Annual report
21. (1) Within the first four months after the commencement of each fiscal year, the Chairperson shall submit to the Minister a report on the activities of the Commission for the preceding fiscal year, including the financial statements of the Commission, and the Commission shall make the annual report available for public scrutiny at the offices of the Commission.
1993, c. 31
National Round Table on the Environment and the Economy Act
183. Section 22 of the National Round Table on the Environment and the Economy Act is repealed.
184. Subsection 23(1) of the Act is replaced by the following:
Annual report
23. (1) Within four months after the end of each fiscal year, the Chairperson shall submit to the Minister a report on the activities of the Round Table during that fiscal year, including the financial statements of the Round Table.
1994, c. 43
Yukon Surface Rights Board Act
185. Subsection 23(5) of the Yukon Surface Rights Board Act is repealed.
1997, c. 6
Canadian Food Inspection Agency Act
186. Paragraphs 23(2)(a) and (b) of the Canadian Food Inspection Agency Act are replaced by the following:
(a) the financial statements of the Agency;
(b) information about the Agency’s perform-ance with respect to the objectives established in the corporate business plan; and
187. The heading before section 31 of the Act is replaced by the following:
ACCOUNTING
188. Section 32 of the Act is repealed.
1999, c. 17; 2005, c. 38, s. 35
Canada Revenue Agency Act
189. Section 87 of the Canada Revenue Agency Act is replaced by the following:
Audits
87. The Auditor General of Canada is the auditor for the Agency and must
(a) annually audit and provide an opinion to the Agency and the Minister on the financial statements of the Agency; and
(b) provide the Minister, the Commissioner and the Board with copies of reports of audits carried out under this section.
190. Paragraph 88(2)(b) of the Act is replaced by the following:
(b) information about the Agency’s perform-ance with respect to the objectives established in the corporate business plan;
2000, c. 6
Canadian Institutes of Health Research Act
191. Section 31 of the Canadian Institutes of Health Research Act is repealed.
192. Subsection 32(1) of the Act is replaced by the following:
Annual report
32. (1) The Governing Council shall, within four months after the end of each fiscal year, submit to the Minister a report on the operations and activities of the CIHR in that fiscal year and its strategic directions and goals, and shall include the CIHR’s financial statements.
Transitional Provisions
Canadian Centre for Occupational Health and Safety Act
193. The obligations under sections 25 and 26 of the Canadian Centre for Occupational Health and Safety Act, as those sections read immediately before the day on which this Act receives royal assent, continue to apply in respect of the fiscal year beginning on April 1, 2012 but do not apply in respect of any subsequent fiscal year.
Currency Act
194. The obligations under subsections 21(2) and 22(2) of the Currency Act, as those subsections read immediately before the day on which this Act receives royal assent, continue to apply in respect of the fiscal year beginning on April 1, 2012 but do not apply in respect of any subsequent fiscal year.
Natural Sciences and Engineering Research Council Act
195. The obligations under sections 17 and 18 of the Natural Sciences and Engineering Research Council Act, as those sections read immediately before the day on which this Act receives royal assent, continue to apply in respect of the fiscal year beginning on April 1, 2012 but do not apply in respect of any subsequent fiscal year.
Northern Pipeline Act
196. The obligations under sections 13 and 14 of the Northern Pipeline Act, as those sections read immediately before the day on which this Act receives royal assent, continue to apply in respect of the fiscal year beginning on April 1, 2012 but do not apply in respect of any subsequent fiscal year.
Social Sciences and Humanities Research Council Act
197. The obligations under sections 19 and 20 of the Social Sciences and Humanities Research Council Act, as those sections read immediately before the day on which this Act receives royal assent, continue to apply in respect of the fiscal year beginning on April 1, 2012 but do not apply in respect of any subsequent fiscal year.
Canadian Transportation Accident Investigation and Safety Board Act
198. The obligation under subsection 13(2) of the Canadian Transportation Accident Investigation and Safety Board Act, as that subsection read immediately before the day on which this Act receives royal assent, continues to apply in respect of the fiscal year beginning on April 1, 2011 but does not apply in respect of any subsequent fiscal year.
Canadian Polar Commission Act
199. The obligations under sections 20 and 21 of the Canadian Polar Commission Act, as those sections read immediately before the day on which this Act receives royal assent, continue to apply in respect of the fiscal year beginning on April 1, 2012 but do not apply in respect of any subsequent fiscal year.
National Round Table on the Environment and the Economy Act
200. The obligations under sections 22 and 23 of the National Round Table on the Environment and the Economy Act, as those sections read immediately before the day on which this Act receives royal assent, continue to apply in respect of the fiscal year beginning on April 1, 2011 but do not apply in respect of any subsequent fiscal year.
Yukon Surface Rights Board Act
201. The obligation under subsection 23(5) of the Yukon Surface Rights Board Act, as that subsection read immediately before the day on which this Act receives royal assent, continues to apply in respect of the fiscal year beginning on April 1, 2011 but does not apply in respect of any subsequent fiscal year.
Canadian Food Inspection Agency Act
202. The obligations under sections 23 and 32 of the Canadian Food Inspection Agency Act, as those sections read immediately before the day on which this Act receives royal assent, continue to apply in respect of the fiscal year beginning on April 1, 2011 but do not apply in respect of any subsequent fiscal year.
Canada Revenue Agency Act
203. The obligations under sections 87 and 88 of the Canada Revenue Agency Act, as those sections read immediately before the day on which this Act receives royal assent, continue to apply in respect of the fiscal year beginning on April 1, 2012 but do not apply in respect of any subsequent fiscal year.
Canadian Institutes of Health Research Act
204. The obligations under sections 31 and 32 of the Canadian Institutes of Health Research Act, as those sections read immediately before the day on which this Act receives royal assent, continue to apply in respect of the fiscal year beginning on April 1, 2012 but do not apply in respect of any subsequent fiscal year.
Division 2
Life Annuity-like Products
1991, c. 45
Trust and Loan Companies Act
205. Subsection 416(6) of the Trust and Loan Companies Act is replaced by the following:
Definition of “business of insurance”
(6) In this section, “business of insurance” includes
(a) the issuance of any annuity if the liability in respect of the annuity is contingent on the death of a person; and
(b) the issuance of any debt obligation, any of whose terms and conditions are established on the basis of mortality considerations, under which the issuer is obliged to make periodic payments.
1991, c. 46
Bank Act
206. Subsection 416(6) of the Bank Act is replaced by the following:
Definition of “business of insurance”
(6) In this section, “business of insurance” includes
(a) the issuance of any annuity if the liability in respect of the annuity is contingent on the death of a person; and
(b) the issuance of any debt obligation, any of whose terms and conditions are established on the basis of mortality considerations, under which the issuer is obliged to make periodic payments.
1999, c. 28, s. 35(1)
207. Subsection 549(5) of the Act is replaced by the following:
Definition of “business of insurance”
(5) In this section, “business of insurance” includes
(a) the issuance of any annuity if the liability in respect of the annuity is contingent on the death of a person; and
(b) the issuance of any debt obligation, any of whose terms and conditions are established on the basis of mortality considerations, under which the issuer is obliged to make periodic payments.
1991, c. 48
Cooperative Credit Associations Act
208. Subsection 381(6) of the Cooperative Credit Associations Act is replaced by the following:
Definition of “business of insurance”
(6) In this section, “business of insurance” includes
(a) the issuance of any annuity if the liability in respect of the annuity is contingent on the death of a person; and
(b) the issuance of any debt obligation, any of whose terms and conditions are established on the basis of mortality considerations, under which the issuer is obliged to make periodic payments.
Division 3
PPP Canada Inc.
Definitions
209. For the purposes of this Division, “appropriate Minister”, “Crown corporation” and “department” have the same meanings as in section 2 of the Financial Administration Act.
Status of PPP Canada Inc.
210. Except as provided in this Division, PPP Canada Inc., incorporated under the Canada Business Corporations Act, is not an agent of Her Majesty in right of Canada.
Agent for certain activities
211. PPP Canada Inc. is an agent of Her Majesty in right of Canada in relation to the following activities:
(a) assessing public-private partnership opportunities for departments and Crown corporations in accordance with criteria established by the Treasury Board;
(b) advising departments and Crown corporations on the implementation of public-private partnership projects; and
(c) acting as a source of expertise and advice for departments and Crown corporations on public-private partnership issues.
Her Majesty not liable
212. Her Majesty in right of Canada is not liable for any obligation or liability incurred by PPP Canada Inc. in relation to any activity other than an activity referred to in section 211.
Restrictions
213. Neither PPP Canada Inc. nor its shareholders or directors are authorized, without the Governor in Council’s prior approval given on the recommendation of the appropriate Minister and the Treasury Board,
(a) to apply for continuance in another jurisdiction; or
(b) to apply for articles that would add to, or otherwise make a material change in, the objects or purposes for which PPP Canada Inc. was incorporated, or the restrictions on the businesses or activities that PPP Canada Inc. may carry on, as set out in its articles of incorporation.
Division 4
Territorial Borrowing Limits
R.S., c. N-27
Northwest Territories Act
214. (1) Subsection 20(2) of the Northwest Territories Act is replaced by the following:
Restriction
(2) The aggregate of all borrowings shall not exceed the maximum amount set under subsection (4).
(2) Section 20 of the Act is amended by adding the following after subsection (3):
Maximum amount — borrowings
(4) The Governor in Council may, on the recommendation of the Minister of Finance, set the maximum amount of the aggregate of all borrowings.
Regulations
(5) The Governor in Council may, on the recommendation of the Minister of Finance, make regulations respecting borrowings for the purposes of subsections (2) and (4), including regulations respecting
(a) what constitutes, or is deemed to constitute, borrowing;
(b) the entities, or classes of entities, whose borrowings shall be taken into account; and
(c) the manner in which the value of a borrowing is determined.
1993, c. 28
Nunavut Act
215. (1) Subsection 27(2) of the Nunavut Act is replaced by the following:
Restriction
(2) The aggregate of all borrowings must not exceed the maximum amount set under subsection (4).
(2) Section 27 of the Act is amended by adding the following after subsection (3):
Maximum amount — borrowings
(4) The Governor in Council may, on the recommendation of the Minister of Finance, set the maximum amount of the aggregate of all borrowings.
Regulations
(5) The Governor in Council may, on the recommendation of the Minister of Finance, make regulations respecting borrowings for the purposes of subsections (2) and (4), including regulations respecting
(a) what constitutes, or is deemed to constitute, borrowing;
(b) the entities, or classes of entities, whose borrowings must be taken into account; and
(c) the manner in which the value of a borrowing is determined.
2002, c. 7
Yukon Act
216. (1) Subsection 23(2) of the Yukon Act is replaced by the following:
Restriction
(2) The aggregate of all borrowings must not exceed the maximum amount set under subsection (4).
(2) Section 23 of the Act is amended by adding the following after subsection (3):
Maximum amount — borrowings
(4) The Governor in Council may, on the recommendation of the Minister of Finance, set the maximum amount of the aggregate of all borrowings.
Regulations
(5) The Governor in Council may, on the recommendation of the Minister of Finance, make regulations respecting borrowings for the purposes of subsections (2) and (4), including regulations respecting
(a) what constitutes, or is deemed to constitute, borrowing;
(b) the entities, or classes of entities, whose borrowings must be taken into account; and
(c) the manner in which the value of a borrowing is determined.
Coming into Force
Order in council
217. This Division comes into force on a day to be fixed by order of the Governor in Council.
Division 5
Reporting Requirements
R.S., c. F-11
Financial Administration Act
2003, c. 22, ss. 8 and 239
218. Section 12.4 of the Financial Administration Act is repealed.
2009, c. 31, s. 60
219. (1) Subsection 131.1(1) of the Act is replaced by the following:
Quarterly financial reports
131.1 (1) Each parent Crown corporation shall, in respect of itself and its wholly-owned subsidiaries, if any, cause to be prepared, in the form and manner provided for by the Treasury Board, a quarterly financial report for each of the first three quarters of each financial year of the parent Crown corporation.
2009, c. 31, s. 60
(2) Paragraphs 131.1(2)(a) and (b) of the Act are replaced by the following:
(a) a financial statement for the quarter and for the period from the start of the financial year to the end of that quarter;
(b) comparative financial information for the preceding financial year; and
2009, c. 31, s. 60
(3) Subsection 131.1(3) of the English version of the Act is replaced by the following:
Report to be made public
(3) The parent Crown corporation shall cause the report to be made public within 60 days after the end of the quarter to which the report relates.
1991, c. 24, s. 44
220. Sections 151 and 152 of the Act are replaced by the following:
Consolidated quarterly reports
151. (1) The President of the Treasury Board shall, as soon as feasible after the end of each fiscal quarter of each fiscal year, make public a consolidated quarterly report on the business and activities of all parent Crown corporations, based on the quarterly financial reports that have been made public under subsection 131.1(3), and the annual reports of those corporations that were laid before Parliament under subsection 150(1), in that fiscal quarter.
Contents
(2) The consolidated quarterly report shall include
(a) a list naming all Crown corporations;
(b) the names of all or any corporations of which any shares are held by, on behalf of or in trust for the Crown or a Crown corporation, as the President of the Treasury Board considers appropriate;
(c) financial data in respect of the parent Crown corporations, including their aggregate borrowings;
(d) information indicating, in respect of the summaries and annual reports that were to be laid before each House of Parliament under this Part during the fiscal quarter to which the consolidated quarterly report relates, the time at, before or within which they were to be laid and the time that they were in fact laid before that House;
(e) a list naming any parent Crown corporation that does not make public a report as required by subsection 131.1(3), if the 60-day period to do so ends in the fiscal quarter to which the consolidated quarterly report relates; and
(f) any other information that the President of the Treasury Board may require.
1995, c. 20
Alternative Fuels Act
221. Section 8 of the Alternative Fuels Act is repealed.
2003, c. 22, ss. 12 and 13
Public Service Employment Act
222. Section 28 of the Public Service Employment Act and the heading before it are repealed.
Division 6
Social Security Tribunal and Service Delivery
2005, c. 34
Department of Human Resources and Skills Development Act
223. Section 2 of the Department of Human Resources and Skills Development Act is amended by adding the following in alphabetical order:
“Tribunal”
« Tribunal »
“Tribunal” means the Social Security Tribunal established under section 44.
2005, c. 34, par. 82(1)(b)(E) and ss. 83(3) and (11)
224. Part 6 of the Act is replaced by the following:
PART 5
SOCIAL SECURITY TRIBUNAL
Establishment and Administration
Establishment of Tribunal
44. (1) There is established a tribunal to be known as the Social Security Tribunal, consisting of a General Division and an Appeal Division.
General Division
(2) The General Division consists of the Income Security Section and the Employment Insurance Section.
Composition
45. (1) The Tribunal consists of not more than 74 full-time members to be appointed by the Governor in Council.
Chairperson and Vice-chairpersons
(2) The Governor in Council designates one of the full-time members to hold office as the Chairperson and three full-time members to hold office as Vice-chairpersons, one of whom is responsible for the Appeal Division, one of whom is responsible for the Income Security Section and one of whom is responsible for the Employment Insurance Section.
Part-time members
(3) In addition, the Tribunal consists of any number of part-time members, to be appointed by the Governor in Council if, in the Governor in Council’s opinion, the workload of the Tribunal so requires, so long as the combined time devoted to their functions and duties does not exceed the combined time that would be devoted by 11 full-time members.
Mandate
(4) Each full-time member of the Tribunal is to be appointed for a term of not more than five years, and each part-time member is to be appointed for a term of not more than two years. A member may be reappointed for one or more additional terms.
Tenure
(5) Each member of the Tribunal holds office during good behaviour and may be removed for cause by the Governor in Council at any time.
Vice-chairpersons
46. (1) Each Vice-chairperson exercises any powers and performs any duties and functions that the Chairperson may assign.
Members
(2) Each member exercises any powers and performs any duties and functions that the Vice-chairperson who is responsible for the Division or Section for which they hear matters may assign.
Assignment
(3) Subject to section 47, the Chairperson may assign members to hear matters in the Appeal Division, the Income Security Section or the Employment Insurance Section.
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.
Full-time occupation
48. (1) Each full-time member of the Tribunal must devote the whole of their time to the performance of their duties under this Act.
Part-time members
(2) A part-time member of the Tribunal must not accept or hold any office or employment inconsistent with their duties under this Act.
Remuneration
49. (1) Each member of the Tribunal is paid the remuneration fixed by the Governor in Council.
Expenses — full-time members
(2) Each full-time member of the Tribunal is entitled to be paid reasonable travel and living expenses incurred by them while absent from their ordinary place of work in the course of performing their duties under this Act.
Expenses — part-time members
(3) Each part-time member of the Tribunal is entitled to be paid reasonable travel and living expenses incurred by them while absent from their ordinary place of residence in the course of performing their duties under this Act.
Federal public administration
(4) Members of the Tribunal are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
Not employed in public service
(5) Unless the Governor in Council otherwise orders in a class of cases, members of the Tribunal are deemed not to be employed in the public service for the purposes of the Public Service Superannuation Act.
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.
Absence — Chairperson
51. (1) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-chairperson of the Appeal Division acts as Chairperson and may exercise all the powers and perform all the duties and functions of the Chairperson.
Absence — other
(2) If subsection (1) does not apply owing to the absence or incapacity of the Vice-chairperson of the Appeal Division, or if the office of Vice-chairperson of the Appeal Division is vacant, the Minister may authorize another Vice-chairperson to act as Chairperson and that Vice-chairperson may exercise all the powers and perform all the duties and functions of the Chairperson.
Absence — Vice-chairperson
(3) In the event of the absence or incapacity of a Vice-chairperson or if the office of a Vice-chairperson is vacant, the Chairperson may authorize a member to act, on any terms and conditions that the Chairperson may specify, as Vice-chairperson for the time being.
Organization of Tribunal
Appeal to Tribunal — General Division
Appeal — time limit
52. (1) An appeal of a decision must be brought to the General Division in the prescribed form and manner and within,
(a) in the case of a decision made under the Employment Insurance Act, 30 days after the day on which it is communicated to the appellant; and
(b) in any other case, 90 days after the day on which the decision is communicated to the appellant.
Extension
(2) The General Division may allow further time within which an appeal may be brought, but in no case may an appeal be brought more than one year after the day on which the decision is communicated to the appellant.
Dismissal
53. (1) The General Division must summarily dismiss an appeal if it is satisfied that it has no reasonable chance of success.
Decision
(2) The General Division must give written reasons for its decision and send copies to the appellant and the Minister or the Commission, as the case may be, and any other party.
Appeal
(3) The appellant may appeal the decision to the Appeal Division.
Decision
54. (1) The General Division may dismiss the appeal or confirm, rescind or vary a decision of the Minister or the Commission in whole or in part or give the decision that the Minister or the Commission should have given.
Reasons
(2) The General Division must give written reasons for its decision and send copies to the appellant and the Minister or the Commission, as the case may be, and any other party.
Appeal Division
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.
Leave
56. (1) An appeal to the Appeal Division may only be brought if leave to appeal is granted.
Exception
(2) Despite subsection (1), no leave is necessary in the case of an appeal brought under subsection 53(3).
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 it is communicated 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 is communicated to the appellant.
Extension
(2) The Appeal Division may allow further time within which an application for leave to appeal is to be made, but in no case may an application be made more than one year after the day on which the decision is communicated to the appellant.
Grounds of appeal
58. (1) The only grounds of appeal are that
(a) the General Division failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;
(b) the General Division erred in law in making its decision, whether or not the error appears on the face of the record; or
(c) the General Division 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.
Criteria
(2) Leave to appeal is refused if the Appeal Division is satisfied that the appeal has no reasonable chance of success.
Decision
(3) The Appeal Division must either grant or refuse leave to appeal.
Reasons
(4) The Appeal Division must give written reasons for its decision to grant or refuse leave and send copies to the appellant and any other party.
Leave granted
(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.
Decision
59. (1) The Appeal Division may dismiss the appeal, give the decision that the General Division should have given, refer the matter back to the General Division for reconsideration in accordance with any directions that the Appeal Division considers appropriate or confirm, rescind or vary the decision of the General Division in whole or in part.
Reasons
(2) The Appeal Division must give written reasons for its decision and send copies to the appellant and any other party.
General
Head office
60. (1) The head office of the Tribunal is in the National Capital Region described in the schedule to the National Capital Act or at any other place within Canada that may be designated by the Governor in Council.
Residence
(2) The Chairperson and the Vice-chairpersons must reside within the distance from the place referred to in subsection (1) that is determined by the Governor in Council.
Tribunal sittings
61. Every application to the Tribunal is to be heard before a single member.
Tribunal hearings
62. All or part of a Tribunal hearing may be held in private if the Tribunal is of the opinion that the circumstances of the case so require.
Expenses and allowances
63. The Chairperson may in any particular case for special reasons reimburse any party required to attend a hearing for travel or living expenses or pay to them any other allowance, including compensation for lost remuneration, as are fixed by the Minister.
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 under this Act.
Canada Pension Plan
(2) Despite subsection (1), in the case of an application 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; and
(c) whether any person is eligible for an assignment of a contributor’s retirement pension or its amount.
Employment Insurance Act
(3) If a question specified in section 90 of the Employment Insurance Act arises in the consideration of an application, it must be determined by an authorized officer of the Canada Revenue Agency, as provided by that section.
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;
(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; or
(c) an appeal in respect of an assignment of a contributor’s retirement pension under section 65.1 of the Canada Pension Plan.
Amendment of decision
66. (1) The Tribunal may rescind or amend a decision given by it in respect of any particular application if
(a) in the case of a decision relating to the Employment Insurance Act, new facts are presented to the Tribunal or the Tribunal is satisfied that the decision was made without knowledge of, or was based on a mistake as to, some material fact; or
(b) in any other case, a new material fact is presented that could not have been discovered at the time of the hearing with the exercise of reasonable diligence.
Time limit
(2) An application to rescind or amend a decision must be made within one year after the day on which a decision is communicated to the appellant.
Limit
(3) Each person who is the subject of a decision may make only one application to rescind or amend that decision.
Division
(4) A decision is rescinded or amended by the same Division that made it.
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(3) and 59(1).
Decision final
68. The decision of the Tribunal on any application made 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.
Regulations
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 appeals to the Tribunal;
(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(3) 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.
Regulations — electronic documents and electronic information
70. (1) The Governor in Council may, for the purposes of this Part, make regulations referred to in paragraphs 73(1)(c), (d) and (f).
Regulations — definitions
(2) The Governor in Council may, for the purposes of regulations made under subsection (1), make regulations defining “electronic”, “electronic document”, “electronic information”, “electronic signature” and “technology”.
Incorporation by reference
(3) Subsections 73(2) to (5) apply to regulations made under this section.
PART 6
ELECTRONIC ADMINISTRATION OR ENFORCEMENT
Powers
71. (1) Subject to the regulations, the Minister may administer or enforce electronically the Canada Pension Plan, the Old Age Security Act, the Employment Insurance Act and any program which is supported by grants or contributions under section 7, and the Commission may administer or enforce electronically the Employment Insurance Act, including for the purposes of
(a) creating, communicating, making available, collecting, receiving, storing, or manag-ing or otherwise dealing with documents or information;
(b) providing any services, benefits or other assistance;
(c) providing notifications;
(d) verifying the identity of a person or entity;
(e) entering into agreements or arrangements; and
(f) making, receiving or verifying an elec­tronic signature.
Restriction
(2) The Minister and the Commission must not require persons or entities to apply electron-ically 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.
Electronic manner of filing documents
72. (1) Unless another manner of filing a document or information is expressly required by a provision of the Canada Pension Plan, the Old Age Security Act or the Employment Insurance Act or any of their regulations, or a term or condition of any program which is supported by grants or contributions under section 7, the filing of an electronic version of the document or information is to be considered as the filing of a document or information in accordance with the provision or the term or condition.
Power to prescribe form or manner of filing
(2) A provision of the Canada Pension Plan, the Old Age Security Act or the Employment Insurance Act or any of their regulations, or a term or condition of any program which is supported by grants or contributions under section 7, that provides for a power to issue, prescribe or in any other manner establish a form or to establish the manner of filing a document or information includes the power to do so with respect to an electronic document or information.
Written documents or information
(3) A requirement under a provision of the Canada Pension Plan, the Old Age Security Act or the Employment Insurance Act or any of their regulations, or a term or condition of any program which is supported by grants or contributions under section 7, that a document be in writing or information be provided in writing is satisfied by an electronic document or information if the electronic document or information
(a) is readable or perceivable so as to be usable for subsequent reference;
(b) is in a format that does not prevent it from being retained by the recipient; and
(c) meets the prescribed requirements, if any.
Signatures
(4) A requirement under a provision of the Canada Pension Plan, the Old Age Security Act or the Employment Insurance Act or any of their regulations, or a term or condition of any program which is supported by grants or contributions under section 7, for a signature is satisfied by an electronic signature if the electronic signature
(a) is reliable for the purposes for which it is required;
(b) is reliably linked with the electronic document in respect of which the signature is required; and
(c) meets the prescribed requirements, if any.
Meaning of “filing”
(5) In this section, “filing” includes all manner of transmitting, regardless of how it is designated.
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, stor-age 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 considered to be sent or received and the place where it is considered 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 the Canada Pension Plan, the Old Age Security Act and the Employment Insurance Act and any program which is supported by grants or contributions under section 7 and respecting the manner in which and the extent to which any provision of those Acts or their regulations or any term or condition of those programs applies to the electronic systems; and
(h) prescribing anything that by this Part is to be prescribed.
Incorporation by reference
(2) A regulation made under this section may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.
Accessibility
(3) The Minister shall ensure that any document that is incorporated by reference in the regulation is accessible.
Defence
(4) A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in the regulation is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (3) or it was otherwise accessible to the person.
No registration or publication
(5) For greater certainty, a document that is incorporated by reference in the regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.
R.S., c. C-8
Canada Pension Plan
1995, c. 33, s. 25
225. The definitions “Pension Appeals Board” and “Review Tribunal” in subsection 2(1) of the Canada Pension Plan are repealed.
2007, c. 11, s. 1
226. Section 4.1 of the Act is replaced by the following:
Minister’s power
4.1 The Minister of National Revenue may use electronic means to create, communicate, make available, collect, receive, store or otherwise deal with documents or information under this Act.
2009, c. 31, s. 30(1)
227. (1) Subsection 38(1) of the Act is replaced by the following:
Refund of overpayment
38. (1) If an overpayment has been made by an employee on account of the employee’s contribution under this Act for a year, the Minister must, if application in writing is made to the Minister by the employee not later than four years — or, in the case of an employee who, in respect of a disability pension, is notified after September 1, 2010 of a decision under subsection 60(7) or 81(2), a decision under subsection 82(11) or 83(11) as those subsections read immediately before their repeal or a decision under section 54 or 59 of the Department of Human Resources and Skills Development Act, 10 years — after the end of the year, refund to the employee the amount of the overpayment.
2009, c. 31, s. 30(2)
(2) Subsection 38(3) of the Act is replaced by the following:
Refund of excess — employee
(3) Despite anything in this Part, if an employee applies to the Minister and satisfies the Minister that, for any year, the amount deducted from the employee’s remuneration exceeds the contribution for the year required of the employee under subsection 8(1), the Minister may refund the amount of the excess. The application must be made within four years — or, in the case of an employee who, in respect of a disability pension, is notified after September 1, 2010 of a decision under subsection 60(7) or 81(2), a decision under subsection 82(11) or 83(11) as those subsections read immediately before their repeal or a decision under section 54 or 59 of the Department of Human Resources and Skills Development Act, 10 years — after the end of the year.
2010, c. 25, s. 70
(3) Paragraph 38(4)(b) of the Act is replaced by the following:
(b) must make such a refund after sending the notice of assessment, if application is made in writing by the contributor not later than four years — or, in the case of a contributor who, in respect of a disability pension, is notified after September 1, 2010 of a decision under subsection 60(7) or 81(2), a decision under subsection 82(11) or 83(11) as those subsections read immediately before their repeal or a decision under section 54 or 59 of the Department of Human Resources and Skills Development Act, 10 years — after the end of the year.
228. Section 81 of the Act is amended by adding the following after subsection (2):
Rescission or amendment of decision
(3) The Minister may, on new facts, rescind or amend a decision made by him or her under this Act.
R.S., c. 30 (2nd Supp.), ss. 45(1) and 46(1); 1990, c. 8, s. 46; 1991, c. 44, s. 22(2); 1995, c. 33, ss. 35(2), (3), 36(2), 37 and 38; 1997, c. 40, s. 85.1; 2000, c. 12, ss. 60 and 61 and par. 64(k) and (l); 2002, c. 8, s. 121 and par. 182(1)(f); 2010, c. 12, ss. 1668 and 1669
229. Sections 82 to 86.1 of the Act are replaced by the following:
Appeal to Social Security Tribunal
82. A party who is dissatisfied with a decision of the Minister made under section 81, including a decision in relation to further time to make a request, or, subject to the regulations, any person on their behalf, may appeal the decision to the Social Security Tribunal established under section 44 of the Department of Human Resources and Skills Development Act.
Stay of benefits pending judicial review
83. If a decision is made by the Social Security Tribunal established under section 44 of the Department of Human Resources and Skills Development Act in respect of a benefit, the Minister may stay payment of the benefit until the latest of
(a) the expiry of the period allowed for making an application for leave to appeal to the Appeal Division of that Tribunal,
(b) the expiry of the period allowed for making an application under the Federal Courts Act for judicial review of the decision, and
(c) if Her Majesty has made an application under the Federal Courts Act for judicial review of the decision, the month in which all proceedings in relation to the judicial review have been completed.
R.S., c. 30 (2nd Supp), s. 49
230. (1) Paragraph 89(1)(c) of the Act is replaced by the following:
(c) setting out the circumstances in which the Minister may allow a longer period to make a request under subsection 81(1) or (1.1);
2007, c. 11. s. 5(1)
(2) Paragraphs 89(1)(l.1) and (l.2) of the Act are repealed.
2007, c. 11, s. 5(2)
(3) Subsection 89(3) of the Act is repealed.
231. Subsection 96(2) of the Act is replaced by the following:
Application of sections 81 and 82
(2) Sections 81 and 82 apply with any modifications that the circumstances require to any request made under subsection (1) as though it were an application for a benefit.
232. Subsection 97(4) of the Act is replaced by the following:
Notice of rectification to be given
(4) Whenever any reduction is made in the amount of the unadjusted pensionable earnings of a contributor shown to their account in the Record of Earnings, whether under subsection (3) or otherwise, and it appears from the Record of Earnings that before the making of the reduction the contributor had been informed under section 96 of the amount of the earnings shown to their account in the Record of Earnings, the Minister must notify the contrib- utor in prescribed manner of his or her action and if the contributor is not satisfied with the amount of the reduction so made, they may request that such action be reconsidered by the Minister and sections 81 and 82 apply with any modifications that the circumstances require to that request as though it were an application for a benefit.
2007, c. 11, s. 10(1)
233. (1) Paragraphs 101(1)(d.2) and (d.3) of the Act are repealed.
2007, c. 11, s. 10(2)
(2) Subsection 101(2) of the Act is repealed.
1995, c. 33, s. 46(2)
234. (1) Subsection 108(2.1) of the Act is repealed.
(2) Subsection 108(3) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) the costs of administering Part 5 of the Department of Human Resources and Skills Development Act in respect of appeals respecting this Act.
R.S., c. O-9
Old Age Security Act
1995, c. 33, s. 1(2)
235. The definition “Review Tribunal” in section 2 of the Old Age Security Act is repealed.
1995, c. 33, s. 16; 1997, c. 40, s. 101; 2000, c. 12, par. 207(1)(k); 2002, c. 8, par. 182(1)(z.5)
236. (1) Subsections 28(1) and (2) of the Act are replaced by the following:
Appeal — benefits
28. (1) A person who is dissatisfied with a decision of the Minister made under section 27.1, including a decision in relation to further time to make a request, or, subject to the regulations, any person on their behalf, may appeal the decision to the Social Security Tribunal established under section 44 of the Department of Human Resources and Skills Development Act.
Reference as to income
(2) If, on an appeal to the Social Security Tribunal, it is a ground of the appeal that the decision made by the Minister as to the income or income from a particular source or sources of an applicant or beneficiary or of the spouse or common-law partner of the applicant or beneficiary was incorrectly made, the appeal on that ground must, in accordance with the regulations, 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 Social Security Tribunal, is final and binding for all purposes of the appeal to the Social Security Tribunal except in accordance with the Federal Courts Act.
1995, c. 33, s. 16
(2) The portion of subsection 28(3) of the English version of the Act before paragraph (a) is replaced by the following:
Stay of benefits pending judicial review
(3) If a decision is made by the Social Security Tribunal in respect of a benefit, the Minister may stay payment of the benefit until the later of
237. (1) Section 34 of the Act is amended by adding the following after paragraph (m):
(m.1) setting out the circumstances in which the Minister may allow a longer period to make a request under subsection 27.1(1) or (1.1);
2007, c. 11, s. 26(2)
(2) Section 34 of the Act is amended by adding “and” at the end of paragraph (p) and by repealing paragraphs (r) and (s).
2007, c. 11, s. 27
238. Section 34.1 of the Act is repealed.
2007, c. 11, s. 35
239. Section 46.1 of the Act is repealed.
1996, c. 23
Employment Insurance Act
240. The definitions “board of referees” and “umpire” in subsection 2(1) of the Employment Insurance Act are repealed.
241. Subsection 24(2) of the Act is replaced by the following:
No appeal
(2) A special or general direction of the Commission approving or disapproving a work sharing agreement for the purposes of subsection (1) is not subject to review under section 112.
242. Subsection 25(2) of the Act is replaced by the following:
No appeal
(2) A decision of the Commission about the referral of a claimant to a course, program or other employment activity mentioned in subsection (1) is not subject to review under section 112.
243. Subsections 52(1) and (2) of the Act are replaced by the following:
Reconsideration of claim
52. (1) Despite section 111, but subject to subsection (5), the Commission may reconsider a claim for benefits within 36 months after the benefits have been paid or would have been payable.
Decision
(2) If the Commission decides that a person has received money by way of benefits for which the person was not qualified or to which the person was not entitled, or has not received money for which the person was qualified and to which the person was entitled, the Commission must calculate the amount of the money and notify the claimant of its decision.
244. Section 64 of the Act is replaced by the following:
No appeal
64. A decision of the Commission made in relation to employment benefits or support measures, other than a decision under section 65.1, is not subject to review under section 112.
245. Subsection 77(1) of the Act is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f):
(g) the costs of administering Part 5 of the Department of Human Resources and Skills Development Act in respect of appeals respecting this Act.
246. The Act is amended by adding the following after section 90:
Determination of questions
90.1 If a question specified in section 90 arises in the consideration of a claim for benefits, a ruling must be made by an authorized officer of the Canada Revenue Agency, as set out in that section.
1999, c. 31, s. 81(F); 2002, c. 8, s. 135 and par. 182(1)(o); 2005, c. 38, subpar. 138(g)(viii)
247. The heading “Board of Referees” before section 111 and sections 111 to 123 of the Act are replaced by the following:
Administrative Review
Rescission or amendment of decision
111. The Commission may rescind or amend a decision given in any particular claim for benefits if new facts are presented or if it is satisfied that the decision was given without knowledge of, or was based on a mistake as to, some material fact.
Reconsideration — Commission
112. (1) A claimant or other person who is the subject of a decision of the Commission, or the employer of the claimant, may make a request to the Commission in the prescribed form and manner for a reconsideration of that decision at any time within
(a) 30 days after the day on which a decision is communicated to them; or
(b) any further time that the Commission may allow.
Reconsideration
(2) The Commission must reconsider its decision if a request is made under subsection (1).
Regulations
(3) The Governor in Council may make regulations setting out the circumstances in which the Commission may allow a longer period to make a request under subsection (1).
Appeal to Social Security Tribunal
113. A party who is dissatisfied with a decision of the Commission made under section 112, including a decision in relation to further time to make a request, may appeal the decision to the Social Security Tribunal established under section 44 of the Department of Human Resources and Skills Development Act.
Payment of benefit pending appeal
114. (1) If a claim for benefits is allowed by the General Division of the Social Security Tribunal established under section 44 of the Department of Human Resources and Skills Development Act, benefits are payable in accordance with the decision of the Tribunal even though an appeal is pending, and any benefits paid under this section after the Tribunal’s decision are to be treated as having been duly paid and are not recoverable from the claimant, even if the final determination of the question is adverse to the claimant.
Exception
(2) Subsection (1) does not apply
(a) if the appeal to the Appeal Division of the Social Security Tribunal was brought within 21 days after the day on which the decision of the General Division of the Social Security Tribunal was given and on the ground that the claimant ought to be disentitled under section 36; and
(b) in any other case that the Commission may, with the approval of the Governor in Council, prescribe by regulation.
Regulations
115. The Commission may, with the approval of the Governor in Council, make regulations prescribing the procedure to be followed in the reconsideration of decisions under section 112.
248. Subsection 125(15) of the Act is repealed.
249. Section 129 of the Act is replaced by the following:
Privilege
129. When an employer, claimant or other person gives the Commission written, oral or documentary evidence required for the proper determination of the entitlement of a claimant to benefits, the giving of the evidence is an occasion of qualified privilege.
250. Section 143 of the Act and the heading before it are repealed.
Transitional Provisions
Interpretation and General
Definitions
251. The following definitions apply in sections 252 to 270.
“board of referees”
« conseil arbitral »
“board of referees” means a board of referees established under Part VI of the Employment Insurance Act, as it read immediately before the coming into force of section 247.
“Pension Appeals Board”
« Commission d’appel des pensions »
“Pension Appeals Board” means the Pension Appeals Board established under section 83 of the Canada Pension Plan, as it read immediately before the coming into force of section 229.
“Review Tribunal”
« tribunal de révision »
“Review Tribunal” means a Review Tribunal established under section 82 of the Canada Pension Plan, as it read immediately before the coming into force of section 229.
“Social Security Tribunal”
« Tribunal de la sécurité sociale »
“Social Security Tribunal” means the Social Security Tribunal established under section 44 of the Department of Human Resources and Skills Development Act.
“umpire”
« juge-arbitre »
“umpire” means an umpire appointed under Part VI of the Employment Insurance Act, as it read immediately before the coming into force of section 247.
Information
252. The Pension Appeals Board, a Review Tribunal, a board of referees or an umpire must transfer to the Social Security Tribunal any information under their control that either relates to an application of which that Tribunal is seized or that the Governor in Council has, by regulation, prescribed.
Canada Pension Plan
Review Tribunal
253. (1) The members of a Review Tribunal referred to in subsection 255(1) continue to hold office until the earlier of the end of the term for which they were appointed and April 1, 2014.
No compensation
(2) Despite the provisions of any contract, agreement or order, no person appointed to hold office as a member of the Review Tribunal, other than the Commissioner of Review Tribunals and the Deputy Commissioner of Review Tribunals, has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.
Earlier date
(3) For the purposes of subsection (1), the Governor in Council may, by order, fix a day earlier than April 1, 2014.
Pension Appeals Board
254. (1) The members of the Pension Appeals Board continue to hold office until April 1, 2014.
No compensation
(2) Despite the provisions of any contract, agreement or order, no person appointed to hold office as a member of the Pension Appeals Board has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.
Appeals — Review Tribunal
255. (1) A Review Tribunal remains seized of any appeal filed and heard before April 1, 2013 under subsection 82(1) of the Canada Pension Plan, as it read immediately before the coming into force of section 229.
Time limit
(2) A Review Tribunal must make its decision no later than March 31, 2014 or, if an order is made under subsection 253(3), the day before the day fixed by that order.
Failure to decide
(3) The General Division of the Social Security Tribunal becomes seized of any appeal referred to in subsection (1) if no decision is made by the day referred to in subsection (2). The appeal is deemed to be an appeal filed with the General Division of the Social Security Tribunal on April 1, 2014 or, if an order is made under subsection 253(3), the day fixed by that order.
Appeals — Social Security Tribunal
(4) A person who is dissatisfied with a decision made under subsection (1) may appeal the decision to the Appeal Division of the Social Security Tribunal.
Appeals — Pension Appeals Board
256. An appeal from a decision of a Review Tribunal that could have been appealed to the Pension Appeals Board, but for the repeal of subsection 83(1) of the Canada Pension Plan by section 229, may be brought to the Appeal Division of the Social Security Tribunal.
Appeals — Social Security Tribunal
257. Any appeal filed before April 1, 2013 under subsection 82(1) of the Canada Pension Plan, as it read immediately before the coming into force of section 229, is deemed to have been filed with the General Division of the Social Security Tribunal on April 1, 2013, if section 255 does not apply to it.
Appeals — Pension Appeals Board
258. (1) The Pension Appeals Board remains seized of any appeal filed and heard before April 1, 2013 under subsection 83(1) of the Canada Pension Plan, as it read immediately before the coming into force of section 229.
Time limit
(2) The Pension Appeals Board must make its decision no later than March 31, 2014.
Failure to decide
(3) The Appeal Division of the Social Security Tribunal becomes seized of any appeal referred to in subsection (1) if no decision has been made by the day referred to in subsection (2). The Appeal Division of the Social Security Tribunal is deemed to have granted leave to appeal on April 1, 2014.
Appeals — Social Security Tribunal
259. The Appeal Division of the Social Security Tribunal is deemed to have granted leave to appeal on April 1, 2013 with respect to any application for leave to appeal filed before April 1, 2013 under subsection 83(1) of the Canada Pension Plan, as it read immediately before the coming into force of section 229, if leave to appeal to the Pension Appeals Board has been granted but that Board has not yet heard that appeal.
Leave to appeal — Social Security Tribunal
260. Any application for leave to appeal filed before April 1, 2013 under subsection 83(1) of the Canada Pension Plan, as it read immediately before the coming into force of section 229, is deemed to be an application for leave to appeal filed with the Appeal Division of the Social Security Tribunal on April 1, 2013, if no decision has been rendered with respect to leave to appeal.
Request for reconsideration
261. (1) If no decision has been made before April 1, 2013, in respect of a request made under subsection 84(2) of the Canada Pension Plan, as it read immediately before the coming into force of section 229, it is deemed to be an application made on April 1, 2013 under section 66 of the Department of Human Resources and Skills Development Act and is deemed to relate to a decision made, as the case may be, by
(a) the General Division of the Social Security Tribunal, in the case of a decision made by a Review Tribunal; or
(b) the Appeal Division of the Social Security Tribunal, in the case of a decision made by the Pension Appeals Board.
Deeming
(2) An application made under section 66 of the Department of Human Resources and Skills Development Act after March 31, 2013 is deemed to relate to a decision made, as the case may be, by
(a) the General Division of the Social Security Tribunal, in the case of a decision made by a Review Tribunal; or
(b) the Appeal Division of the Social Security Tribunal, in the case of a decision made by the Pension Appeals Board.
Continued application
262. The provisions of the Canada Pension Plan and the Old Age Security Act repealed by this Act, and their related regulations, continue to apply to appeals of which a Review Tribunal or the Pension Appeals Board remains seized under this Act, with any necessary adaptations.
Employment Insurance Act
Board of referees — chairpersons
263. (1) The chairpersons of a board of referees referred to in subsection 265(1) continue to hold office until the earlier of the end of the term for which they were appointed and November 1, 2013.
Board of referees — members
(2) Persons on panels referred to in subsection 111(3) of the Employment Insurance Act, as it read immediately before the coming into force of section 247, continue to hold office until the earlier of the end of the term for which they were appointed and November 1, 2013.
No compensation
(3) Despite the provisions of any contract, agreement or order, no person either appointed to hold office as chairperson of a board of referees or referred to in subsection (2) has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.
Earlier date
(4) For the purposes of subsections (1) and (2), the Governor in Council may, by order, fix a day earlier than November 1, 2013.
Umpires
264. (1) Umpires continue to hold office until April 1, 2014.
No compensation
(2) Despite the provisions of any contract, agreement or order, no person appointed to hold office as umpire has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.
Appeals — board of referees
265. (1) The board of referees remains seized of any appeal filed and not decided before April 1, 2013 under subsection 114(1) of the Employment Insurance Act, as it read immediately before the coming into force of section 247.
Time limit
(2) The board of referees must make its decision no later than October 31, 2013 or, if an order is made under subsection 263(4), the day before the day fixed by that order.
Failure to decide
(3) The General Division of the Social Security Tribunal becomes seized of any appeal referred to in subsection (1) if no decision has been made by the day referred to in subsection (2). The appeal is deemed to be an appeal filed with the General Division of the Social Security Tribunal on November 1, 2013 or, if an order is made under subsection 263(4), the day fixed by that order.
Appeals — Social Security Tribunal
(4) A person who is dissatisfied with a decision made under subsection (1) may appeal the decision to the Appeal Division of the Social Security Tribunal.
Appeals — umpire
266. An appeal from a decision of a board of referees that could have been appealed to an umpire, but for the repeal of subsection 115(1) of the Employment Insurance Act by section 247, may be appealed to the Appeal Division of the Social Security Tribunal.
Appeals — umpire
267. (1) An umpire remains seized of any appeal filed and heard before April 1, 2013 under subsection 115(1) of the Employment Insurance Act, as it read immediately before the coming into force of section 247.
Time limit
(2) An umpire must make his or her decision no later than March 31, 2014.
Failure to decide
(3) The Appeal Division of the Social Security Tribunal becomes seized of any appeal referred to in subsection (1) if no decision has been made by the day referred to in subsection (2). The Appeal Division of the Social Security Tribunal is deemed to have granted leave to appeal on April 1, 2014.
Appeals — Social Security Tribunal
268. The Appeal Division of the Social Security Tribunal is deemed to have granted leave to appeal on April 1, 2013 with respect to any appeal filed and not heard before April 1, 2013 under subsection 115(1) of the Employment Insurance Act, as it read immediately before the coming into force of section 247.
Request for reconsideration
269. (1) If no decision has been made before April 1, 2013 in respect of a request made under section 120 of the Employment Insurance Act as it read immediately before the coming into force of section 247, it is deemed to be an application made on April 1, 2013 under section 66 of the Department of Human Resources and Skills Development Act and is deemed to relate to a decision made, as the case may be, by
(a) the General Division of the Social Security Tribunal, in the case of a decision made by a board of referees; or
(b) the Appeal Division of the Social Security Tribunal, in the case of a decision made by an umpire.
Deeming
(2) An application made under section 66 of the Department of Human Resources and Skills Development Act after March 31, 2013 is deemed to relate to a decision made, as the case may be, by
(a) the General Division of the Social Security Tribunal, in the case of a decision made by a board of referees; or
(b) the Appeal Division of the Social Security Tribunal, in the case of a decision made by an umpire.
Continued application
270. The provisions of the Employment Insurance Act repealed by this Act, and their related regulations, continue to apply to appeals of which the board of referees or an umpire remains seized under this Act, with any necessary adaptations.
Consequential Amendments
R.S., c. A-1
Access to Information Act
271. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Pension Appeals Board
Commission d’appel des pensions
R.S., c. F-7; 2002, c. 8, s.14
Federal Courts Act
1990, c. 8, s. 8
272. (1) Paragraph 28(1)(d) of the Federal Courts Act is repealed.
(2) Subsection 28(1) of the Act is amended by adding the following after paragraph (f):
(g) the Appeal Division of the Social Secu- rity Tribunal established under section 44 of the Department of Human Resources and Skills Development Act, unless the decision is made under subsection 57(2) or section 58 of that Act or relates to an appeal brought under subsection 53(3) of that Act or an appeal respecting a decision relating to further time to make a request under subsection 52(2) of that Act, section 81 of the Canada Pension Plan, section 27.1 of the Old Age Security Act or section 112 of the Employment Insurance Act;
1990, c. 8, s. 8; 1996, c. 23, par. 187(c)
(3) Paragraph 28(1)(m) of the Act is repealed.
R.S., c. L-1
Labour Adjustment Benefits Act
1996, c. 23, s. 177
273. (1) The definition “board of referees” in subsection 2(1) of the Labour Adjustment Benefits Act is repealed.
(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“Social Security Tribunal”
« Tribunal de la sécurité sociale »
“Social Security Tribunal” means the Social Security Tribunal established under section 44 of the Department of Human Resources and Skills Development Act;
1996, c. 23, par. 187(f)
274. Subsections 13(6) and (7) of the Act are replaced by the following:
Reference to Social Security Tribunal
(6) The Commission may at any time within 14 days after receiving an application under subsection (1) refer the application or a question arising from it to the General Division of the Social Security Tribunal for a decision on it.
Proceedings before Social Security Tribunal
(7) If an application or question is referred to the General Division of the Social Security Tribunal under subsection (6), the Tribunal must conduct its proceedings in respect of that application or question in accordance with the procedure for appeals under the Department of Human Resources and Skills Development Act.
1996, c. 23, par. 187(f)
275. Subsections 31(2) and (3) of the Act are replaced by the following:
Appeal of Commission decision
(2) Any person may, at any time within 30 days after the day a decision of the Commission under this Act, other than subsection 14(2) or (3), is communicated to him or her, or within any further time that the Commission may in any particular case for special reason allow, appeal to the Social Security Tribunal.
R.S., c. P-21
Privacy Act
276. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Pension Appeals Board
Commission d’appel des pensions
R.S., c. 1 (5th Supp.)
Income Tax Act
277. (1) Subparagraph 56(1)(l)(ii) of the Income Tax Act is replaced by the following:
(ii) reimbursement of costs incurred in relation to a decision of the Canada Employment Insurance Commission under the Employment Insurance Act or to an appeal of such a decision to the Social Security Tribunal,
(2) Subsection (1) applies in respect of
(a) appeals to the Social Security Tribunal filed, and decisions made by the Canada Employment Insurance Commission, after March 2013; and
(b) appeals for which leave has been granted under section 267 or 268.
278. (1) Subparagraph 60(o)(ii) of the Act is replaced by the following:
(ii) a decision of the Canada Employment Insurance Commission under the Employment Insurance Act or to an appeal of such a decision to the Social Security Tribunal,
(2) Subsection (1) applies in respect of
(a) appeals to the Social Security Tribunal filed, and decisions made by the Canada Employment Insurance Commission, after March 2013; and
(b) appeals for which leave has been granted under section 267 or 268.