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Bill C-37

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First Session, Forty-fourth Parliament,

70-71 Elizabeth II – 1 Charles III, 2021-2022

HOUSE OF COMMONS OF CANADA

BILL C-37
An Act to amend the Department of Employment and Social Development Act and to make consequential amendments to other Acts (Employment Insurance Board of Appeal)
FIRST READING, December 14, 2022

MINISTER OF EMPLOYMENT, WORKFORCE DEVELOPMENT AND DISABILITY INCLUSION
 
91124


SUMMARY

This enactment amends the Department of Employment and Social Development Act to, among other things,

(a) establish the Employment Insurance Board of Appeal to hear appeals of decisions made under the Employment Insurance Act instead of the Employment Insurance Section of the General Division of the Social Security Tribunal; and

(b) eliminate the requirement for leave to appeal decisions relating to the Employment Insurance Act to the Appeal Division of the Tribunal.

It also makes consequential amendments to other Acts.

Available on the House of Commons website at the following address:
www.ourcommons.ca


TABLE OF PROVISIONS

An Act to amend the Department of Employment and Social Development Act and to make consequential amendments to other Acts (Employment Insurance Board of Appeal)
1 

Department of Employment and Social Development Act

Consequential Amendments
26 

Federal Courts Act

27 

Labour Adjustment Benefits Act

30 

Income Tax Act

32 

Employment Insurance Act

Transitional Provisions
34 

Definitions

35 

Part-time members

36 

Members of Board of Appeal

37 

No compensation

38 

Application for leave to appeal

39 

Appeal of Employment Insurance Section decision

40 

Ongoing appeal of Employment Insurance Section decision

41 

Question of constitutional law

42 

Ongoing appeal before Employment Insurance Section

43 

Board of Appeal access to documents and information

44 

Transfer of documents and information

45 

Section 53 of Department of Employment and Social Development Act

46 

Section 241 of Budget Implementation Act, 2021, No. 1

47 

Employment Insurance Act

48 

Labour Adjustment Benefits Act

Coming into Force
49 

Order in council



1st Session, 44th Parliament,

70-71 Elizabeth II – 1 Charles III, 2021-2022

HOUSE OF COMMONS OF CANADA

BILL C-37

An Act to amend the Department of Employment and Social Development Act and to make consequential amendments to other Acts (Employment Insurance Board of Appeal)

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

2005, c. 34; 2013, c. 40, s. 205

Department of Employment and Social Development Act

1 Section 2 of the Department of Employment and Social Development Act is amended by adding the following in alphabetical order:

Start of inserted block

Board of Appeal means the Employment Insurance Board of Appeal established under section 43.‍01.‍ (Conseil d’appel)

End of inserted block

2012, c. 19, s. 224

2 The headings “Social Security Tribunal” and “Establishment and Administration” before section 44 of the Act are replaced by the following:

Insertion start Board of Appeal and Insertion end Social Security Tribunal

Start of inserted block
Board of Appeal
End of inserted block
Establishment and Administration

3 The Act is amended by adding the following before section 44:

Establishment of Board of Appeal
Start of inserted block
43.‍01 The Employment Insurance Board of Appeal is established.
End of inserted block
Appointment — Executive Head
Start of inserted block
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.
End of inserted block
Appointment — regional coordinators
Start of inserted block
(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.
End of inserted block
Diversity
Start of inserted block
(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.
End of inserted block
Composition
Start of inserted block
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.

    End of inserted block
Terms of members
Start of inserted block
(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).
End of inserted block
Equal number
Start of inserted block
(3) To the extent possible, an equal number of members is to be appointed under each of paragraphs (1)‍(a) to (c).
End of inserted block
Regional representation and diversity
Start of inserted block
(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.
End of inserted block
Completion of ongoing matters
Start of inserted block
(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.
End of inserted block
Executive Head
Start of inserted block
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.
End of inserted block
Report on overall performance
Start of inserted block
(2) The Executive Head is to report regularly to the Commission, through the Chairperson of the Commission, on the overall performance of the Board of Appeal.
End of inserted block
Regional coordinators
Start of inserted block
(3) Regional coordinators assist the Executive Head and perform any duties and functions that the Executive Head may assign.
End of inserted block
Delegation — regional coordinators
Start of inserted block
(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).
End of inserted block
Members assigned to region
Start of inserted block
(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.
End of inserted block
Absence — Executive Head
Start of inserted block
(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.
End of inserted block
Board of Appeal hearings — three-member panels
Start of inserted block
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).
End of inserted block
Determination of regional coordinator
Start of inserted block
(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.

    End of inserted block
Delegation — employees of Department
Start of inserted block
(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).
End of inserted block
Remuneration
Start of inserted block
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.
End of inserted block
Expenses — Executive Head
Start of inserted block
(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.
End of inserted block
Expenses — full-time regional coordinators
Start of inserted block
(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.
End of inserted block
Expenses — part-time regional coordinators and members
Start of inserted block
(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.
End of inserted block
Public Service Superannuation Act
Start of inserted block
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.
End of inserted block
Other benefits
Start of inserted block
(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.
End of inserted block
Employees, services and facilities
Start of inserted block
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.
End of inserted block
Immunity
Start of inserted block
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.
End of inserted block
Competence and compellability
Start of inserted block
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.
End of inserted block Start of inserted block

Social Security Tribunal

Establishment and Administration
End of inserted block

4 The Act is amended by adding the following after section 43.‍1:

Start of inserted block

Appeal to Board of Appeal

End of inserted block
Appeal — time limit
Start of inserted block
43.‍11 (1) An appeal of a decision made under section 112 of the Employment Insurance Act must be brought to the Board of Appeal in the prescribed form and manner and within 30 days after the day on which the decision is communicated to the appellant.
End of inserted block
Extension
Start of inserted block
(2) The Board of Appeal may allow further time within which an appeal is to 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.
End of inserted block
Decision in writing
Start of inserted block
(3) The Board of Appeal must give a decision made under subsection (2) in writing and a copy of the decision must be sent to the appellant, the Commission and any other party.
End of inserted block
Constitutional questions
Start of inserted block
43.‍12 The Board of Appeal may not consider any question of constitutional law.
End of inserted block
Decision
Start of inserted block
43.‍13 (1) The Board of Appeal may dismiss the appeal or confirm, rescind or vary a decision of the Commission in whole or in part or give the decision that the Commission should have given.
End of inserted block
Decision in writing with reasons
Start of inserted block
(2) The Board of Appeal must give a decision made under subsection (1) in writing, with reasons, and send copies of the decision and reasons to the appellant, the Commission and any other party.
End of inserted block
Time limits
Start of inserted block
43.‍14 The Executive Head may, in any particular case for special reasons, extend the time within which the Board of Appeal is required by regulation to make a decision under subsection 43.‍13(1).
End of inserted block
Expenses and allowances
Start of inserted block
43.‍15 Any party who is required to attend a hearing may, if the Executive Head considers it warranted in any particular case for any reasons provided for in the regulations, be reimbursed for their travel or living expenses up to the amounts determined by the Treasury Board, or be paid any allowance, including compensation for lost remuneration, in accordance with the rates fixed by the Treasury Board.
End of inserted block
Appeal — region
Start of inserted block
43.‍16 (1) An appeal is to be heard in the appellant’s region, except in the circumstances provided for in the regulations.
End of inserted block
Appeal — format
Start of inserted block
(2) An appeal is to be heard in the format selected by the appellant, except in the circumstances provided for in the regulations.
End of inserted block
Hearings in private
Start of inserted block
(3) All or part of a Board of Appeal hearing may be held in private in the circumstances provided for in the regulations.
End of inserted block
Representation of party
Start of inserted block
43.‍17 A party may, at their own expense, be represented by a representative of their choice.
End of inserted block
Powers of Board of Appeal
Start of inserted block
43.‍18 (1) Subject to section 43.‍12, the Board of Appeal may decide any question of law or fact that is necessary for the disposition of any application made or appeal brought under this Act.
End of inserted block
Employment Insurance Act
Start of inserted block
(2) 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.
End of inserted block
Abandonment of appeals
Start of inserted block
43.‍19 (1) The Board of Appeal may determine that an appeal before it has been abandoned if it has failed to contact the appellant despite reasonable efforts having been made to do so or if the appellant fails to communicate with it on being requested to do so.
End of inserted block
Reopening abandoned appeals
Start of inserted block
(2) The Board of Appeal, on application, may reopen an appeal it has determined to be abandoned if it is satisfied that

  • (a) in making the determination, it failed to observe a principle of natural justice; or

  • (b) the appellant’s failure to communicate with it was due to circumstances beyond the appellant’s control and the application was made within 30 days after the day on which those circumstances were resolved.

    End of inserted block
Decision in writing
Start of inserted block
(3) The Board of Appeal must give a decision made under subsection (1) or (2) in writing and a copy of the decision must be sent to the appellant, the Commission and any other party.
End of inserted block

2012, c. 19, s. 224

5 Subsection 44(2) of the Act is repealed.

2012, c. 19, s. 224

6 Subsection 45(2) of the Act is replaced by the following:

Chairperson and Vice-chairpersons

(2) The Governor in Council designates one of the full-time members to hold office as the Chairperson and Insertion start two Insertion end full-time members to hold office as Vice-chairpersons, one of whom is responsible for the Appeal Division and one of whom is responsible for the Insertion start General Division Insertion end .

2012, c. 19, s. 224

7 Subsections 46(2) and (3) of the Act are replaced by the following:

Members

(2) Each member exercises any powers and performs any duties and functions that the Vice-chairperson who is responsible for the Division for which they hear matters may assign.

Assignment

(3) The Chairperson may assign members to hear matters in the Appeal Division or the Insertion start General Division Insertion end .

2012, c. 19, s. 224

8 Section 47 of the Act is repealed.

2012, c. 19, s. 224

9 Subsection 51(2) of the Act is replaced by the following:

Absence — other

(2) If subsection (1) does not apply owing to the absence or incapacity of the Vice-chairperson of the Appeal Division, or if the office of Vice-chairperson of the Appeal Division is vacant, the Minister may authorize Insertion start the Insertion end Vice-chairperson Insertion start of the General Division Insertion end to act as Chairperson and that Vice-chairperson may exercise all the powers and perform all the duties and functions of the Chairperson.

2012, c. 19, s. 224

10 The heading “Organization of Tribunal” before section 52 of the Act is repealed.

2012, c. 19, s. 224

11 Subsection 52(1) of the Act is replaced by the following:

Appeal — time limit

52 (1) An appeal of a decision must be brought to the General Division in the prescribed form and manner and within 90 days after the day on which the decision is communicated to the appellant.

2012, c. 19, s. 224; 2021, c. 23, s. 225

12 Section 54 of the Act is replaced by the following:

Decision

54 (1) The General Division may dismiss the appeal or confirm, rescind or vary a decision of the Minister in whole or in part or give the decision that the Minister should have given.

Reasons

(2) The General Division may give a decision orally or in writing and must give reasons. Copies of the decision and reasons, written or, in the case of an oral decision and reasons, reduced to writing, must be sent to the appellant, the Minister and any other party.

2012, c. 19, s. 224

13 The heading before section 55 of the Act is replaced by the following:

Insertion start Appeal to Tribunal Insertion end — Appeal Division

Start of inserted block
Decisions of Board of Appeal
End of inserted block

14 The Act is amended by adding the following before section 55:

Appeal
Start of inserted block
54.‍1 Any decision of the Board of Appeal may be appealed to the Appeal Division by any person who is the subject of the decision and any other prescribed person.
End of inserted block
Appeal — time limit
Start of inserted block
54.‍2 (1) The appeal must be brought to the Appeal Division in the prescribed form and manner and within 30 days after the day on which the decision and reasons are communicated in writing to the appellant.
End of inserted block
Extension
Start of inserted block
(2) The Appeal Division may allow further time within which an appeal is to be brought, but in no case may an appeal be brought more than one year after the day on which the decision and reasons are communicated in writing to the appellant.
End of inserted block
Grounds of appeal
Start of inserted block
54.‍3 The only grounds of appeal of a decision made by the Board of Appeal are that

  • (a) the Board of Appeal failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;

  • (b) the Board of Appeal erred in law in making its decision, whether or not the error appears on the face of the record;

  • (c) the Board of Appeal 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; or

  • (d) a question of constitutional law remains to be determined.

    End of inserted block
New evidence — constitutional questions
Start of inserted block
54.‍4 If an appeal to the Appeal Division of a decision of the Board of Appeal is in respect of a question of constitutional law, the Appeal Division may hear new evidence in relation to the question.
End of inserted block
Decision
Start of inserted block
54.‍5 (1) The Appeal Division may dismiss the appeal, give the decision that the Board of Appeal should have given, refer the matter back to the Board of Appeal for reconsideration in accordance with any directions that the Appeal Division considers appropriate or confirm, rescind or vary the decision of the Board of Appeal in whole or in part. The Appeal Division may make a decision on a question of constitutional law.
End of inserted block
Reasons
Start of inserted block
(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.
End of inserted block Start of inserted block

Decisions of General Division

End of inserted block

2012, c. 19, s. 224; 2021, c. 23, ss. 226 and 227

15 Sections 56 and 57 of the Act are replaced by the following:

Leave

56 An appeal to the Appeal Division Insertion start of a decision made by the Income Security Section Insertion end may only be brought if leave to appeal is granted.

Appeal — Employment Insurance Section

57 (1) An appeal of a decision made by the Employment Insurance Section must be Insertion start brought Insertion end to the Appeal Division in the prescribed form and manner and within 30 days after the day on which the decision and reasons are communicated in writing to the appellant.

Appeal — Income Security Section

Insertion start (1.‍1) Insertion end Insertion start   Insertion end Insertion start An Insertion end application for leave to Insertion start appeal Insertion end a decision made by the Income Security Section Insertion start must be Insertion end made Insertion start to Insertion end the Insertion start Appeal Division Insertion end in the Insertion start prescribed form Insertion end and Insertion start manner Insertion end and Insertion start within Insertion end 90 days after the day on which the decision and reasons are communicated in writing to the appellant.

Extension

(2) The Appeal Division may allow further time within which an Insertion start appeal is to be brought or an Insertion end application for leave to appeal is to be made, but in no case may an Insertion start appeal be brought or an Insertion end application be made more than one year after the day on which the decision and reasons are communicated in writing to the appellant. 

16 Sections 56 and 57 of the Act are replaced by the following:

Leave

56 An appeal to the Appeal Division of a decision made by the General Division may only be brought if leave to appeal is granted.

Appeal — General Division

57 (1) An application for leave to appeal a decision made by the General Division must be made to the Appeal Division in the prescribed form and manner and within 90 days after the day on which the decision and reasons are communicated in writing to the appellant.

Extension

(2) The Appeal Division may allow further time within which an application for leave to appeal is to be made, but in no case may an application be made more than one year after the day on which the decision and reasons are communicated in writing to the appellant.

2012, c. 19, s. 224; 2021, c. 23, ss. 228(1) and (2)‍(E)

17 (1) Subsection 58(1) of the Act is repealed.

2012, c. 19, s. 224

(2) Subsection 58(2) of the Act is repealed.

2021, c. 23, s. 229

18 Section 58.‍1 of the Act is replaced by the following:

Leave to appeal — General Division

58.‍1 Leave to appeal a decision made by the Insertion start General Division Insertion end is to be granted if the application for leave to appeal

  • (a) raises an arguable case that the Insertion start General Division Insertion end 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 Insertion start General Division Insertion end 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 Insertion start General Division Insertion end .

2021, c. 23, s. 229

19 (1) Subsection 58.‍2(1) of the Act is replaced by the following:

Decision — leave to appeal

58.‍2 (1) The Appeal Division must either grant or refuse leave to appeal a decision made by the Insertion start Income Security Section Insertion end .

(2) Subsection 58.‍2(1) of the Act is replaced by the following:

Decision — leave to appeal

58.‍2 (1) The Appeal Division must either grant or refuse leave to appeal a decision made by the General Division.

2021, c. 23, s. 229

20 Section 58.‍3 of the Act is replaced by the following:

Hearing de novo — General Division

58.‍3 An appeal to the Appeal Division of a decision made by the Insertion start General Division Insertion end is to be heard and determined as a new proceeding.

2012, c. 19, s. 224; 2021, c. 23, ss. 230(1)

21 (1) Subsection 59(1) of the Act is replaced by the following:

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 Insertion start Board of Appeal Insertion end for reconsideration in accordance with any directions that the Appeal Division considers appropriate.

(2) Subsection 59(1) of the Act is replaced by the following:

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.

2012, c. 19, s. 224; 2021, c. 23, s. 235

22 Section 67 of the Act is replaced by the following:

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), Insertion start 54.‍5(1) Insertion end , 58.‍2(1) and 59(1).

23 The Act is amended by adding the following after section 68:

Access to documents and information by Appeal Division

Start of inserted block
68.‍01 On the request of the Appeal Division, the Board of Appeal must provide the Appeal Division with any documents and information that are necessary for the Appeal Division to decide an application or appeal.
End of inserted block

24 The Act is amended by adding the following before section 69:

Commission

Start of inserted block
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).

    End of inserted block

2012, c. 19, s. 224; 2021, c. 23, s. 236(2)

25 (1) Paragraph 69(c) of the Act is replaced by the following:

  • (c) the time within which the Tribunal must make a decision under subsections 54(1), Insertion start 54.‍5(1) Insertion end , 58.‍2(1) and 59(1);

2012, c. 19, s. 224

(2) Paragraph 69(f) of the Act is replaced by the following:

  • (f) anything that is to be prescribed by Insertion start subsection 52(1), section 54.‍1, subsection 54.‍2(1), section 55 and subsections 57(1) and (1.‍1) Insertion end .

(3) Paragraph 69(f) of the Act is replaced by the following:

  • (f) anything that is to be prescribed by subsection 52(1), section 54.‍1, subsection 54.‍2(1), section 55 and subsection 57(1).

Consequential Amendments

R.‍S, c. F-7; 2002, c. 8, s. 14

Federal Courts Act

2012, c. 19, s. 272(2); 2013, c. 40, par. 236(1)‍(d); 2021, c. 23, s. 237

26 Paragraph 28(1)‍(g.‍1) of the Federal Courts Act is replaced by the following:

  • (g.‍1) the Appeal Division of the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act, unless the decision is made under subsection Insertion start 54.‍2(2) or Insertion end 57(2) or section 58.‍2 of that Act or relates to an appeal respecting a decision relating to further time to make a request under subsection Insertion start 43.‍11(2) or Insertion end 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;

R.‍S.‍, c. L-1

Labour Adjustment Benefits Act

2012, c. 19, s. 273(2); 2013, c. 40, subpar. 236(1)‍(f)‍(i)

27 (1) The definition Social Security Tribunal 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:

Start of inserted block

Employment Insurance Board of Appeal means the Employment Insurance Board of Appeal established under section 43.‍01 of the Department of Employment and Social Development Act.‍ (Conseil d’appel en assurance-emploi)

End of inserted block

2012, c. 19, s. 274; 2013, c. 40, subpar. 236(1)‍(f)‍(ii)

28 Subsections 13(6) and (7) of the Act are replaced by the following:

Reference to Employment Insurance Board of Appeal
(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 Insertion start Employment Insurance Board of Appeal Insertion end for a decision on it.
Proceedings before Employment Insurance Board of Appeal
(7) If an application or question is referred to the Insertion start Employment Insurance Board of Appeal Insertion end under subsection (6), the Insertion start Employment Insurance Board of Appeal Insertion end must conduct its proceedings in respect of that application or question in accordance with the procedure for appeals under the Department of Employment and Social Development Act.

2012, c. 19, s. 275

29 Subsection 31(2) of the Act is 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 Insertion start them Insertion end , or within any further time that the Commission may in any particular case for special reason allow, appeal to the Insertion start Employment Insurance Board of Appeal Insertion end .

R.‍S.‍, c. 1 (5th Supp.‍)

Income Tax Act

30 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 Insertion start or the Employment Insurance Board of Appeal under the Department of Employment and Social Development Act Insertion end ,

31 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 Insertion start or the Employment Insurance Board of Appeal under the Department of Employment and Social Development Act Insertion end ,

1996, c. 23

Employment Insurance Act

2012, c. 19, s. 247; 2013, c. 40, subpar. 236(1)‍(c)‍(iii)

32 Section 113 of the Employment Insurance Act is replaced by the following:

Appeal to Employment Insurance Board of Appeal
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 Insertion start Employment Insurance Board of Appeal Insertion end established under section Insertion start 43.‍01 Insertion end of the Department of Employment and Social Development Act.

2012, c. 19, s. 247; 2013, c. 40, subpar. 236(1)‍(c)‍(iv)

33 (1) Subsection 114(1) of the Act is replaced by the following:

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 Employment and Social Development Act Insertion start or the Employment Insurance Board of Insertion end Insertion start Appeal established under section 43.‍01 of that Act Insertion end , benefits are payable in accordance with the decision of the Tribunal Insertion start or the Employment Insurance Board of Appeal, as the case may be Insertion end , even though an appeal is pending, and any benefits paid under this section after the decision of the Tribunal Insertion start or the Employment Insurance Board of Appeal, as the case may be Insertion end , 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.

(2) Subsection 114(1) of the Act is replaced by the following:

Payment of benefit pending appeal
114 (1) If a claim for benefits is allowed by the Employment Insurance Board of Appeal established under section 43.‍01 of the Department of Employment and Social Development Act, benefits are payable in accordance with the decision of the Employment Insurance Board of Appeal even though an appeal is pending, and any benefits paid under this section after the decision of the Employment Insurance Board of Appeal 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.

2012, c. 19, s. 247

(3) Paragraph 114(2)‍(a) of the Act is replaced by the following:

  • (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 Insertion start or the Employment Insurance Board of Appeal, as the case may be Insertion end , was given and on the ground that the claimant ought to be disentitled under section 36; and

(4) Paragraph 114(2)‍(a) of the Act is replaced by the following:

  • (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 Employment Insurance Board of Appeal was given and on the ground that the claimant ought to be disentitled under section 36; and

Transitional Provisions

Definitions

34 The following definitions apply in this section and sections 35 to 48.

Appeal Division means the Appeal Division of the Tribunal.‍ (division d’appel)

Board of Appeal means the Employment Insurance Board of Appeal established under section 43.‍01 of the Department of Employment and Social Development Act.‍ (Conseil d’appel)

Employment Insurance Section means the Employment Insurance Section of the General Division.‍ (section de l’assurance-emploi)

General Division means, except for the purposes of subsections 35(2) and 37(2), the General Division referred to in section 44 of the Department of Employment and Social Development Act, as it reads on the day on which this section comes into force.‍ (division générale)

Tribunal means the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act.‍ (Tribunal)

Part-time members

35 (1) Part-time members of the Tribunal who, immediately before the day on which section 5 comes into force, are assigned to hear matters in the Employment Insurance Section become part-time members of the Board of Appeal on that day.

Full-time members

(2) Full-time members of the Tribunal who, immediately before the day on which section 5 comes into force, are assigned to hear matters in the Employment Insurance Section are assigned to hear matters in the General Division on that day.

Vice-chairperson

(3) The Vice-chairperson of the Tribunal who, immediately before the day on which section 5 comes into force, is responsible for the Employment Insurance Section becomes a full-time regional coordinator of the Board of Appeal on that day.

Power of Governor in Council

(4) On the recommendation of the Minister of Employment and Social Development made after that Minister has consulted with the Chairperson of the Tribunal and the Executive Head of the Board of Appeal, the Governor in Council may make an order specifying that, on a day that is specified in the order and that is before the day on which section 5 comes into force,

  • (a) the Vice-chairperson who is responsible for the Employment Insurance Section becomes a full-time regional coordinator of the Board of Appeal; and

  • (b) a part-time member of the Tribunal who is assigned to hear matters in the Employment Insurance Section becomes a part-time member of the Board of Appeal.

Members of Board of Appeal

36 (1) Each member of the Board of Appeal referred to in subsection 35(1) or paragraph 35(4)‍(b)

  • (a) on becoming a member, ceases to be a member of the Tribunal;

  • (b) subject to paragraph (d), continues in office for the remainder of the term for which they were appointed as a member of the Tribunal;

  • (c) for that term, is deemed to be appointed under paragraph 43.‍03(1)‍(a) of the Department of Employment and Social Development Act;

  • (d) despite paragraph 43.‍03(1)‍(a) of that Act, holds office during good behaviour for that term and may be removed for cause by the Governor in Council at any time during that term; and

  • (e) on the expiry of that term, is eligible to be reappointed under that paragraph 43.‍03(1)‍(a) to hold office at pleasure.

Regional coordinator of Board of Appeal

(2) The regional coordinator of the Board of Appeal referred to in subsection 35(3) or paragraph 35(4)‍(a)

  • (a) on becoming a regional coordinator, ceases to be a member of the Tribunal;

  • (b) subject to paragraph (d), continues in office for the remainder of the term for which they were appointed as a member of the Tribunal;

  • (c) for that term, is deemed to be appointed under subsection 43.‍02(2) of the Department of Employment and Social Development Act;

  • (d) despite subsection 43.‍02(2) of that Act, holds office during good behaviour for that term and may be removed for cause by the Governor in Council at any time during that term; and

  • (e) on the expiry of that term, is eligible to be reappointed under that subsection 43.‍02(2) to hold office at pleasure.

Part-time members — remuneration

(3) On becoming a part-time member of the Board of Appeal and for the remainder of the term referred to in paragraph (1)‍(b), a former part-time member of the Tribunal who was assigned to hear matters in the Employment Insurance Section is entitled to remuneration that is no less than the remuneration that they received as a part-time member of the Tribunal.

Vice-chairperson — remuneration

(4) On becoming a regional coordinator of the Board of Appeal and for the remainder of the term referred to in paragraph (2)‍(b), a former Vice-chairperson of the Tribunal who was responsible for the Employment Insurance Section is entitled to the same remuneration as they received as Vice-chairperson.

No compensation

37 (1) Despite the provisions of any contract, agreement or order, no former member of the General Division, including the former Vice-chairperson responsible for the Employment Insurance Section, has any right to claim or receive any compensation, damages, indemnity or other form of relief from His Majesty in right of Canada or from any employee or agent of His Majesty for ceasing to hold office in the Tribunal, or for the abolition of that office, by the operation of this Act.

No compensation — full-time members

(2) Despite the provisions of any contract, agreement or order, no full-time member of the Tribunal who was assigned to hear matters in the Employment Insurance Section has any right to claim or receive any compensation, damages, indemnity or other form of relief from His Majesty in right of Canada or from any employee or agent of His Majesty for being assigned to hear matters in the General Division by the operation of this Act.

Application for leave to appeal

38 If an application for leave to appeal a decision made by the Employment Insurance Section is ongoing before the Appeal Division immediately before the day on which section 4 comes into force, the application for leave to appeal becomes a notice of appeal on that day. The notice of appeal is deemed to have been filed on the day on which the application for leave to appeal was filed.

Appeal of Employment Insurance Section decision

39 Any decision made by the Employment Insurance Section before the day on which section 5 comes into force may be appealed to the Appeal Division and sections 55, 57, 58 and 59 of the Department of Employment and Social Development Act, as those sections read on the day on which section 4 comes into force, apply in respect of the appeal.

Ongoing appeal of Employment Insurance Section decision

40 An appeal of a decision made by the Employment Insurance Section that is ongoing before the Appeal Division immediately before the day on which section 5 comes into force is to be dealt with in accordance with sections 57, 58 and 59 of the Department of Employment and Social Development Act, as those sections read on the day on which section 4 comes into force.

Question of constitutional law

41 The Appeal Division is not authorized under subsection 59(1) of the Department of Employment and Social Development Act, as it read on the day on which section 4 comes into force, to refer a question of constitutional law back to the Board of Appeal for reconsideration.

Ongoing appeal before Employment Insurance Section

42 An appeal that is ongoing before the Employment Insurance Section immediately before the day on which section 5 comes into force is deemed to be an appeal before the Board of Appeal under subsection 43.‍11(1) of the Department of Employment and Social Development Act on that day.

Board of Appeal access to documents and information

43 The Board of Appeal is entitled to access any documents and information of the Tribunal that are necessary for the Board of Appeal to decide an application or appeal.

Transfer of documents and information

44 The Tribunal must transfer to the Board of Appeal any documents and information that relate to appeals referred to in section 42.

Section 53 of Department of Employment and Social Development Act

45 Despite section 240 of the Budget Implementation Act, 2021, No. 1, if, on an appeal of a decision made by the Employment Insurance Section under section 53 of the Department of Employment and Social Development Act, as it read immediately before the day on which Division 20 of the Budget Implementation Act, 2021, No. 1 comes into force, the Appeal Division decides to refer a matter back to the Employment Insurance Section for reconsideration, the Appeal Division must refer the matter back to the Board of Appeal for reconsideration.

Section 241 of Budget Implementation Act, 2021, No. 1

46 (1) Section 241 of the Budget Implementation Act, 2021, No. 1 does not apply in respect of a decision in relation to the Employment Insurance Act under section 66 of the Department of Employment and Social Development Act, as it read immediately before the day on which Division 20 of the Budget Implementation Act, 2021, No. 1 comes into force, or in respect of an application under that section 66 in relation to the Employment Insurance Act that is ongoing immediately before the day on which section 4 comes into force.

Section 66 of Department of Employment and Social Development Act

(2) Any matter relating to a decision or an application referred to in subsection (1) is to be dealt with in accordance with section 66 of the Department of Employment and Social Development Act, as it read immediately before the day on which Division 20 of the Budget Implementation Act, 2021, No. 1 comes into force.

Employment Insurance Act

47 Subsections 114(1) and (2) of the Employment Insurance Act, as those subsections read on the day on which section 4 comes into force, continue to apply in relation to a claim for benefits that is allowed by the General Division before the day on which section 5 comes into force.

Labour Adjustment Benefits Act

48 (1) Subsection 13(7) of the Labour Adjustment Benefits Act, as it read immediately before the day on which section 4 comes into force, continues to apply — until the day on which section 5 comes into force — in respect of an application or a question that was referred to the General Division under subsection 13(6) of that Act before the day on which section 4 comes into force.

Ongoing application or question

(2) An application or a question that was referred to the General Division under subsection 13(6) of the Labour Adjustment Benefits Act and that is ongoing immediately before the day on which section 5 comes into force is deemed to be an application or a question referred to the Board of Appeal on that day.

Coming into Force

Order in council

49 (1) Sections 4 and 13 to 15, subsections 17(2), 19(1) and 21(1), sections 22 and 23, subsections 25(1) and (2), sections 26 to 32, subsections 33(1) and (3), sections 38, 41, 43, 45 and 46 and subsection 48(1) come into force on a day to be fixed by order of the Governor in Council.

Order in council

(2) Sections 5 to 9, 11, 12 and 16, subsection 17(1), section 18, subsection 19(2), section 20, subsections 21(2), 25(3) and 33(2) and (4), sections 39, 40, 42, 44 and 47 and subsection 48(2) come into force on a day to be fixed by order of the Governor in Council, but that day must be after the day fixed under subsection (1).

Published under authority of the Speaker of the House of Commons


EXPLANATORY NOTES

Department of Employment and Social Development Act
Clause 1: New.
Clause 2: Existing text of the headings:
Social Security Tribunal
Establishment and Administration
Clause 3: New.
Clause 4: New.
Clause 5: Existing text of subsection 44(2):

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

Clause 6: Existing text of subsection 45(2):

(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.

Clause 7: Existing text of subsections 46(2) and (3):

(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.

(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.

Clause 8: Existing text of section 47:

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.

Clause 9: Existing text of subsection 51(2):

(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.

Clause 10: Existing text of the heading:
Organization of Tribunal
Clause 11: Existing text of subsection 52(1):

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.

Clause 12: Existing text of section 54:

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.

(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.

Clause 13: Existing text of the heading:
Appeal Division
Clause 14: New.
Clause 15: Existing text of sections 56 and 57:

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)

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.

(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.

Clause 17: (1) and (2) Existing text of subsections 58(1) and (2):

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.

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

Clause 18: Existing text of section 58.‍1:

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.

Clause 19: (1) Existing text of subsection 58.‍2(1):

58.‍2 (1) The Appeal Division must either grant or refuse leave to appeal a decision made by the General Division.

Clause 20: Existing text of section 58.‍3:

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.

Clause 21: (1) Existing text of subsection 59(1):

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.

Clause 22: Existing text of section 67:

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).

Clause 23: New.
Clause 24: New.
Clause 25: (1) and (2) Relevant portion of section 69:

69 The Governor in Council may make regulations respecting the manner in which the Tribunal may conduct its business, including regulations respecting

  • .‍.‍.  

  • (c) the time within which the Tribunal must make a decision under subsections 54(1), 58.‍2(1) and 59(1);

  • .‍.‍.  

  • (f) anything that, by this Part, is to be prescribed by regulation.

Federal Courts Act
Clause 26: Relevant portion of subsection 28(1):

28 (1) The Federal Court of Appeal has jurisdiction to hear and determine applications for judicial review made in respect of any of the following federal boards, commissions or other tribunals:

  • .‍.‍.  

  • (g.‍1) the Appeal Division of the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act, unless the decision is made under subsection 57(2) or section 58.‍2 of that Act or relates to 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;

Labour Adjustment Benefits Act
Clause 27: (1) Existing text of the definition:

Social Security Tribunal means the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act; (Tribunal de la sécurité sociale)

(2) New.
Clause 28: Existing text of subsections 13(6) and (7):

(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.

(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 Employment and Social Development Act.

Clause 29: Existing text of subsection 31(2):

(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.

Income Tax Act
Clause 30: Relevant portion of subsection 56(1):

56 (1) Without restricting the generality of section 3, there shall be included in computing the income of a taxpayer for a taxation year,

  • .‍.‍.  

  • (l) amounts received by the taxpayer in the year as

    • .‍.‍.  

    • (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,

Clause 31: Relevant portion of section 60:

60 There may be deducted in computing a taxpayer’s income for a taxation year such of the following amounts as are applicable

  • .‍.‍.  

  • (o) amounts paid by the taxpayer in the year in respect of fees or expenses incurred in preparing, instituting or prosecuting an objection to, or an appeal in relation to,

    • .‍.‍.  

    • (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,

Employment Insurance Act
Clause 32: Existing text of section 113:

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 Employment and Social Development Act.

Clause 33: (1) Existing text of subsection 114(1):

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 Employment and Social 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.

(3) Relevant portion of subsection 114(2):

(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


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