248. Subsection 125(15) of the Act is repealed.

249. Section 129 of the Act is replaced by the following:

250. Section 143 of the Act and the heading before it are repealed.

Transitional Provisions

Interpretation and General

Marginal note: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.

Marginal note: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

Marginal note: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.

• Marginal note: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.

• Marginal note:Earlier date

  (3) For the purposes of subsection (1), the Governor in Council may, by order, fix a day earlier than April 1, 2014.

Marginal note:Pension Appeals Board

• 254. (1) The members of the Pension Appeals Board continue to hold office until April 1, 2014.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note:Time limit

  (2) The Pension Appeals Board must make its decision no later than March 31, 2014.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note:Umpires

• 264. (1) Umpires continue to hold office until April 1, 2014.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note:Time limit

  (2) An umpire must make his or her decision no later than March 31, 2014.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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-1Access 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”:

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

Marginal note: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 Security 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;

• Marginal note:1990, c. 8, s. 8; 1996, c. 23, par. 187(c)

  (3) Paragraph 28(1)(m) of the Act is repealed.