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

Act current to 2024-05-28 and last amended on 2023-06-22. Previous Versions

PART 5Board of Appeal and Social Security Tribunal (continued)

Social Security Tribunal

Establishment and Administration

Marginal note:Establishment of Tribunal

  •  (1) There is established a tribunal to be known as the Social Security Tribunal, consisting of a General Division and an Appeal Division.

  • Marginal note:General Division

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

  • 2005, c. 34, ss. 44, 83
  • 2012, c. 19, s. 224

Marginal note:Composition

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

  • Marginal note:Chairperson and Vice-chairpersons

    (2) The Governor in Council designates one of the full-time members to hold office as the Chairperson and three full-time members to hold office as Vice-chairpersons, one of whom is responsible for the Appeal Division, one of whom is responsible for the Income Security Section and one of whom is responsible for the Employment Insurance Section.

  • (3) [Repealed, 2014, c. 39, s. 252]

  • Marginal note:Mandate

    (4) Each full-time member of the Tribunal is to be appointed for a term of not more than five years, and each part-time member is to be appointed for a term of not more than two years. A member may be reappointed for one or more additional terms.

  • Marginal note:Tenure

    (5) Each member of the Tribunal holds office during good behaviour and may be removed for cause by the Governor in Council at any time.

  • Marginal note:Completion of ongoing matters

    (6) An individual who ceases to be a member for any reason other than removal may, at the request of the Chairperson, within 12 weeks after ceasing to be a member, carry out and complete any duties and functions that they would otherwise have had in connection with any matter that came before the Tribunal while they were still a member and in respect of which there was any proceeding in which they participated as a member. For that purpose, the person is deemed to be a part-time member.

Marginal note:Chairperson

  •  (1) The Chairperson

    • (a) must take any action that is necessary to ensure that the members of the Tribunal carry out their duties and functions efficiently and without undue delay;

    • (b) may issue guidelines in writing to members of the Tribunal and identify decisions of the Tribunal as jurisprudential guides, to assist members in carrying out their duties; and

    • (c) may designate, from among the full-time members of the Tribunal, coordinating members to assist the Vice-chairpersons.

  • Marginal note:Rules

    (2) The Chairperson may, with the approval of the Minister, make rules respecting the procedure to be followed on applications made or appeals brought to the Tribunal.

  • Marginal note:Statutory Instruments Act

    (3) Guidelines issued by the Chairperson under paragraph (1)(b) are not statutory instruments for the purposes of the Statutory Instruments Act.

Marginal note:Vice-chairpersons

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

  • Marginal note:Members

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

  • Marginal note:Assignment

    (3) Subject to section 47, the Chairperson may assign members to hear matters in the Appeal Division, the Income Security Section or the Employment Insurance Section.

  • 2005, c. 34, ss. 46, 83
  • 2012, c. 19, s. 224

Marginal note:Employment Insurance Section

 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.

  • 2005, c. 34, ss. 47, 83
  • 2012, c. 19, s. 224

Marginal note:Full-time occupation

  •  (1) Each full-time member of the Tribunal must devote the whole of their time to the performance of their duties under this Act.

  • Marginal note:Part-time members

    (2) A part-time member of the Tribunal must not accept or hold any office or employment inconsistent with their duties under this Act.

  • 2005, c. 34, ss. 48, 83
  • 2012, c. 19, s. 224

Marginal note:Remuneration

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

  • Marginal note:Expenses — full-time members

    (2) Each full-time member of the Tribunal is entitled to be paid reasonable travel and living expenses incurred by them while absent from their ordinary place of work in the course of performing their duties under this Act.

  • Marginal note:Expenses — part-time members

    (3) Each part-time member of the Tribunal is entitled to be paid reasonable travel and living expenses incurred by them while absent from their ordinary place of residence in the course of performing their duties under this Act.

  • Marginal note:Federal public administration

    (4) Members of the Tribunal are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

  • Marginal note:Not employed in public service

    (5) Unless the Governor in Council otherwise orders in a class of cases, members of the Tribunal are deemed not to be employed in the public service for the purposes of the Public Service Superannuation Act.

  • 2005, c. 34, s. 49
  • 2012, c. 19, s. 224

Marginal note:Immunity

 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.

  • 2005, c. 34, s. 50
  • 2012, c. 19, s. 224

Marginal note:Competence and compellability

 A member of the Tribunal is not competent or compellable to appear as a witness in any civil proceedings in respect of any matter coming to their knowledge in the course of the exercise of a power or in the performance of a duty or function of the Tribunal.

Marginal note:Absence — Chairperson

  •  (1) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-chairperson of the Appeal Division acts as Chairperson and may exercise all the powers and perform all the duties and functions of the Chairperson.

  • Marginal note:Absence — other

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

  • Marginal note:Absence — Vice-chairperson

    (3) In the event of the absence or incapacity of a Vice-chairperson or if the office of a Vice-chairperson is vacant, the Chairperson may authorize a member to act, on any terms and conditions that the Chairperson may specify, as Vice-chairperson for the time being.

  • 2005, c. 34, ss. 51, 82(E)
  • 2012, c. 19, s. 224

Appeal to Tribunal — General Division

Marginal note:Appeal — time limit

  •  (1) An appeal of a decision must be brought to the General Division in the prescribed form and manner and within,

    • (a) in the case of a decision made under the Employment Insurance Act, 30 days after the day on which it is communicated to the appellant; and

    • (b) in any other case, 90 days after the day on which the decision is communicated to the appellant.

  • Marginal note:Extension

    (2) The General Division may allow further time within which an appeal may be brought, but in no case may an appeal be brought more than one year after the day on which the decision is communicated to the appellant.

 [Repealed, 2021, c. 23, s. 224]

Marginal note:Decision

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

  • Marginal note:Reasons

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

Appeal Division

Marginal note:Appeal

 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.

  • 2005, c. 34, s. 55
  • 2012, c. 19, s. 224

Marginal note:Leave

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

  • (2) [Repealed, 2021, c. 23, s. 226]

Marginal note:Appeal — time limit

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

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

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

  • Marginal note:Extension

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

Marginal note:Grounds of appeal — Employment Insurance Section

  •  (1) The only grounds of appeal of a decision made by the Employment Insurance Section are that the Section

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

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

    • (c) based its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it.

  • Marginal note:Criteria

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

  • (3) [Repealed, 2021, c. 23, s. 228]

  • (4) [Repealed, 2021, c. 23, s. 228]

  • (5) [Repealed, 2021, c. 23, s. 228]

Marginal note:Leave to appeal — Income Security Section

 Leave to appeal a decision made by the Income Security Section is to be granted if the application for leave to appeal

  • (a) raises an arguable case that the Section failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;

  • (b) raises an arguable case that the Section erred in law, in fact or in mixed law and fact, in making its decision; or

  • (c) sets out evidence that was not presented to the Section.

Marginal note:Decision — leave to appeal

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

  • Marginal note:Leave refused

    (2) If the Appeal Division refuses leave, it must give its decision in writing, with reasons, and send copies of the decision and reasons to the appellant and any other party.

  • Marginal note:Leave granted

    (3) If the Appeal Division grants leave, it must give its decision in writing and send copies of the decision to the appellant and any other party. At the request of the appellant or any other party made within 10 days after the day on which the decision is communicated to the appellant or other party, as the case may be, the Appeal Division must send written reasons for its decision to the appellant and any other party.

  • Marginal note:Judicial review

    (4) The period within which to apply for judicial review with respect to a decision of the Appeal Division to grant leave is calculated from the day on which the decision is communicated to the appellant or other party, as the case may be, or the day on which the reasons are communicated to the appellant or other party, as the case may be, whichever is later.

  • Marginal note:Notice of appeal

    (5) If leave to appeal is granted, the application for leave to appeal becomes the notice of appeal and is deemed to have been filed on the day on which the application for leave to appeal was filed.

 

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