Any substantive changes in this Library of Parliament Legislative Summary that have been made since the preceding issue are indicated in bold print.
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),1 was introduced in the House of Commons on 14 December 2022 by the Honourable Carla Qualtrough, Minister of Employment, Workforce Development and Disability Inclusion, and it received first reading the same day.
Bill C-37 amends Part 5 of the Department of Employment and Social Development Act2 (DESDA) to, among other aspects, establish the Employment Insurance (EI) Board of Appeal and make consequential adjustments to the Social Security Tribunal (the Tribunal). The new EI Board of Appeal will become responsible for hearing first-level EI appeals, namely, appeals of decisions of the Canada Employment Insurance Commission (CEIC) regarding the reconsideration of an EI claim decision. These first-level EI appeals are currently heard by the EI Section of the Tribunal’s General Division. Bill C-37 also eliminates the requirement for leave (i.e., permission) to appeal decisions related to EI matters to the Tribunal’s Appeal Division.
The Government of Canada has indicated that the Tribunal will continue to hear first level EI appeals until the EI Board of Appeal is operational: “[t]o ensure smooth operations following the launch of the Board of Appeal, there will be a transition period during which the new EI Board of Appeal and the Social Security Tribunal will run in parallel.”3 The EI Board of Appeal will operate as a tripartite organization overseen by the CEIC and will represent the interests of government, workers and employers.4
Bill C-37 also makes consequential amendments to other statutes in order to support the creation of the EI Board of Appeal. These are: the Federal Courts Act,5 the Labour Adjustment Benefits Act,6 the Income Tax Act7 and the Employment Insurance Act.8
Previous amendments to the DESDA to establish a new EI Board of Appeal were introduced through the Budget Implementation Act, 2022, No. 1.9 However, the relevant provisions were deleted by the House of Commons Standing Committee on Finance in its 1 June 2022 report to the House of Commons.10 Other recent amendments to the DESDA with respect to the Tribunal were introduced through the Budget Implementation Act, 2021, No. 1,11 such as changing the criteria for granting leave to appeal and introducing a de novo model for appeals of decisions of the Income Security Section of the Appeal Division.
Bill C-37 did not progress beyond the first reading stage in the House of Commons. Subsequently, on 20 April 2023, Bill C-47, An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023 (short title: Budget Implementation Act, 2023, No. 1),12 was introduced in the House of Commons. The first reading version of Division 38 of Part 4 of Bill C-47 mirrors the text of Bill C-37.13 Bill C-47 received Royal Assent on 22 June 2023. The provisions under Division 38 of Part 4 of Bill C-47 are expected to come into force on various dates to be fixed by order of the Governor in Council. This legislative summary provides a brief description of the key measures proposed in Bill C-37 by summarizing the substance of each part.
The Tribunal is an independent administrative tribunal with quasi-judicial powers that operates at arm’s length from Employment and Social Development Canada (ESDC), Service Canada and the CEIC. The Tribunal was established under the Jobs, Growth and Long-term Prosperity Act14 and was launched on 1 April 2013, when most relevant provisions of this Act came into force.15
The Tribunal was created with the stated intent of replacing multiple decision-making bodies to streamline the appeals process for federal social benefits and to reduce administrative duplication.16 Prior to the creation of the Tribunal, a person who was subject to a decision of the CEIC regarding an EI claim could make an appeal to the Board of Referees (first level of appeal). An appeal of a decision by the Board of Referees could be made to the Office of the Umpire (second level of appeal).17 Board of Referees panels consisted of a government-appointed chairperson, a member appointed by the Commissioner for Workers and a member appointed by the Commissioner for Employers.18
In contrast, under the current system, members of the Tribunal are appointed by the Governor in Council following consultation with the Commissioner for Workers, the Commissioner for Employers and the Tribunal’s chairperson. Members are appointed during good behaviour and may be removed for cause by the Governor in Council at any time.19 The Commissioner for Workers and the Commissioner for Employers are appointed by the Governor in Council to the CEIC to represent the views of workers and employers, respectively.20
Currently, the first requirement for individuals contesting an EI claim decision is to pursue a reconsideration process with the CEIC in accordance with section 112 of the Employment Insurance Act.21 If claimants or other persons are dissatisfied with a decision made by the CEIC regarding a reconsideration of an EI claim decision, they may appeal that reconsideration decision to the Tribunal in accordance with section 113 of the Employment Insurance Act.22
There are two levels of appeal to the Tribunal, each of which has its own division: the General Division (first level of appeal) and the Appeal Division (second level of appeal). The General Division is formed by the EI Section (which handles appeals related to EI matters) and the Income Security Section (which handles appeals related to Canada Pension Plan and Old Age Security matters). Decisions made by one of the sections of the General Division may be appealed to the Appeal Division of the Tribunal.23 Leave to appeal is normally required in order to make an appeal to the Appeal Division.24
An individual who disagrees with a final decision of the Appeal Division may file an application for judicial review with either the Federal Court (e.g., for reviews of Appeal Division decisions on permission to appeal) or the Federal Court of Appeal, depending on the decision being reviewed.25
The current structure of the Tribunal’s appeals processes is represented in Figure 1 below.
Figure 1 – Current Structure of the Social Security Tribunal
Note: “ESDC” refers to Employment and Social Development Canada, “EI” to Employment Insurance and “IS” to Income Security (which includes decisions related to Old Age Security [OAS] and the Canada Pension Plan [CPP]).
Source: Figure prepared by the Library of Parliament using data obtained from KPMG LLP, “Figure 2 – The SST,” Review of the Social Security Tribunal of Canada For Employment and Social Development Canada 
(2.17 MB, 156 pages), Final Report, October 2017, p. 13.
In March 2017, the federal government commissioned a third-party review of the Tribunal based on a recommendation from the House of Commons Standing Committee on Human Resources, Skills, Social Development and the Status of Persons with Disabilities.26 The review included consultations with a range of stakeholder groups, including labour groups, unions, employers and advocacy groups as well as clients and client representatives involved in the appeal process under the Tribunal.27
As a result of the review, the federal government announced in August 2019 that it would introduce a new decision-making body (namely, the EI Board of Appeal) as part of a suite of changes to make the appeals process more responsive to Canadians’ needs. It stated that this body would be tripartite (i.e., it would represent the interests of workers, employers and government), would be overseen by the CEIC and would handle the first level of appeal following a request for reconsideration of an EI claim decision. The second level of appeal would still be handled by the Appeal Division of the Tribunal.28 While the launch of the new body was initially scheduled for April 2021, the government later indicated that it would be delayed due to challenges caused by the COVID-19 pandemic.29
During an additional round of consultations in summer 2022, the federal government sought feedback from Canadians and stakeholders on “the design of a new process to appeal an EI benefits decision and how an EI appeal hearing takes place.”30
On 12 May 2023, the Office of the Parliamentary Budget Officer published a cost estimate with respect to the establishment of the EI Board of Appeal as provided in bills C-37 and C-47. The cost estimate document, which assumes that the EI Board of Appeal will begin holding hearings in July 2024 but start incurring some administration costs in 2023–2024, indicates as follows:
The total net cost between 2023–24 to 2027–28 is estimated to be $132 million. The necessary funding is expected to be covered by the Employment Insurance Operating Account (EIOA) and the cost to be recuperated by increasing Employment Insurance (EI) premiums by less than 1 cent.31
Clause 1 of Bill C-37 amends the interpretation provision of the DESDA by adding a definition of the term “Board of Appeal,” which it defines as the EI Board of Appeal established under new section 43.01 of the Act. Related technical amendments are made under clause 2 of the bill to, among other aspects, change the heading of Part 5 of the DESDA to “Board of Appeal and Social Security Tribunal.”
Clause 3 of the bill amends Part 5 of the DESDA to provide for the establishment of the EI Board of Appeal under new section 43.01 and to set out its administration under new sections 43.02 to 43.1 of the Act (discussed in further detail in sections 2.1.1.1 to 2.1.1.4 of this legislative summary). The EI Board of Appeal will provide a new first-level process for hearing EI-related appeals, thereby replacing the EI Section of the General Division of the Tribunal.
Under the new membership provisions in clause 3 of the bill, the EI Board of Appeal is to consist of: an executive head; a maximum of six regional coordinators; and, to the extent possible, an equal number of members appointed by the CEIC from employer and worker communities and other members appointed by the Governor in Council. All of these persons may hold office during pleasure for up to five years with the possibility of reappointment (new sections 43.02(1), 43.02(2), 43.03(1) and 43.03(3)).32 Regional coordinators and members of the EI Board of Appeal must be appointed taking into account the importance of regional representation as well as the diversity of Canadian society (new sections 43.02(3) and 43.03(4)).
The executive head and the regional coordinators are to be appointed at pleasure by the Governor in Council on the recommendation of the Minister after consultation with the CEIC. The executive head is to be appointed on a full-time basis, while the regional coordinators are to be appointed on a full-time or part-time basis (new sections 43.02(1) and 43.02(2)). The terms of no more than half of the regional coordinators may end in any one year (new section 43.02(2)). Reflecting the tripartite nature of the EI Board of Appeal, members from employer and worker communities are to be appointed at pleasure by the CEIC on a part-time basis, while the other members are to be appointed at pleasure by the Governor in Council on a part-time basis (new sections 43.03(1)(a) to 43.03(1)(c)). The terms of no more than half of the members of the EI Board of Appeal may end in any one year (new section 43.03(2)).
Upon ceasing to be members of the EI Board of Appeal for a reason other than removal, members may carry out and complete their duties and functions with respect to ongoing matters within 12 weeks of their departure at the request of the executive head. For this purpose, they are deemed to be members of the EI Board of Appeal during this time (new section 43.03(5)).
Clause 3 of the bill also specifies that the executive head supervises and directs the work of the EI Board of Appeal and is responsible for providing the regional coordinators and the members of the EI Board of Appeal with training and guidance regarding their duties and functions (new section 43.04(1)). The executive head must report regularly to the CEIC on the overall performance of the EI Board of Appeal (new section 43.04(2)). The executive head may delegate certain powers, duties or functions to any regional coordinator (new section 43.04(4)). In the event of the absence or incapacity of the executive head, or if this office is vacant, the chairperson of the CEIC may authorize a person to act as the executive head for a term of up to 90 days, after which the Governor in Council’s approval must be sought (new section 43.04(6)).
Regional coordinators assist the executive head and perform any duties and functions assigned by this person (new section 43.04(3)). In particular, regional coordinators are responsible for determining whether an extension of time to bring an appeal to the EI Board of Appeal should be granted; determining whether an appeal before the EI Board of Appeal has been abandoned; and hearing an application to reopen an appeal that has been determined to be abandoned (new sections 43.05(2)(a) to 43.05(2)(c)).
Members of the Board of Appeal are assigned by the executive head to a particular region to hear appeals in that region, considering the members’ ordinary place of residence (new section 43.04(5)). An appeal to the EI Board of Appeal is to be heard before a three-member panel selected by the executive head. The presiding member of this panel is appointed by the Governor in Council, while the other two members are appointed by the CEIC to represent the employer and worker communities (new section 43.05(1)).
The duty to select panel members and the regional coordinator may be delegated by the executive head to employees of the Department of Employment and Social Development (new section 43.05(3)). It should be noted that the Minister is responsible for providing the EI Board of Appeal with the departmental employees, support services and facilities it needs to exercise its powers and perform its duties and functions (new section 43.08). The term “Minister” is defined in section 2 of the DESDA as the “Minister of Employment and Social Development.”
Clause 3 of the bill further specifies that the executive head, the regional coordinators and the members of the EI Board of Appeal are to be paid the salary fixed by the Governor in Council (new section 43.06(1)).33 They are entitled to be reimbursed for reasonable travel and living expenses incurred while performing their duties, in accordance with Treasury Board directives (new sections 43.06(2) to 43.06(4)).
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 Act34 (new section 43.07(1)). This Act sets out the pension benefits scheme for eligible federal public servants and their dependants.
The executive head, the regional coordinators and the members of the EI Board of Appeal are deemed to be employees for the purposes of the Government Employees Compensation Act,35 which sets out the workers’ compensation benefits scheme for federal employees who are injured or become ill as a result of their work. They are also deemed to be employees of the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act,36 which may establish compensation payable for the death or injury of an employee while undertaking a flight in the course of the employee’s duties (new section 43.07(2)).
Finally, clause 3 of the bill provides that the executive head, the regional coordinators and the members of the EI Board of Appeal have immunity in civil proceedings for anything done or said in good faith when exercising their actual or purported powers, duties or functions (new section 43.09). In addition, they are not competent or compellable to appear as a witness in any civil proceedings with respect to matters coming to their knowledge while exercising their powers, duties or functions (new section 43.1).
Clause 4 of the bill amends the DESDA to establish the process for making appeals to the EI Board of Appeal under new sections 43.11 to 43.19.
According to the new provisions, an appeal of a decision made by the CEIC under section 112 of the Employment Insurance Act regarding a reconsideration of an EI claim decision must be brought to the EI Board of Appeal within 30 days after the appellant receives the decision or, at the latest, within one year if the EI Board of Appeal allows it (new sections 43.11(1) and 43.11(2)). The decision with regard to the extension of time to make an appeal must be made in writing and a copy of that decision must be sent to the appellant, the CEIC and any other party (new section 43.11(3)).
The new provisions also make the following stipulations regarding appeals to the EI Board of Appeal:
The EI Board of Appeal may decide any question of law or fact, provided it is not a constitutional law question, in connection with any application made or appeal brought under the Act (new sections 43.12 and 43.18(1)). However, certain EI-related questions listed under section 90 of the Employment Insurance Act (such as whether an employment is insurable and whether an EI premium is payable) must be determined by an authorized officer of the Canada Revenue Agency (new section 43.18(2)).
The EI Board of Appeal may dismiss the appeal, or confirm, rescind or vary a decision of the CEIC or give the decision that the CEIC should have given (new section 43.13(1)). An EI Board of Appeal decision must be made in writing and include reasons; copies of the decision must be sent to the appellant, the CEIC and any other party (new section 43.13(2)). The executive head may, for special reasons in a particular case, extend the time provided in the regulations to the EI Board of Appeal to make a decision (new sections 43.14 and 68.2(g)).
The EI Board of Appeal may determine that an appeal has been abandoned if it has been unable to contact the appellant or if the appellant has not communicated with the Board as requested (new section 43.19(1)). On application, however, the EI Board of Appeal may reopen an abandoned appeal if it failed to observe a principle of natural justice in making the original abandonment determination or if the appellant did not communicate with the Board for circumstances beyond the appellant’s control and applied within 30 days of those circumstances being resolved (new section 43.19(2)). A decision regarding the abandonment of an appeal or the reopening of an abandoned appeal must be made in writing; copies of that decision must be sent to the appellant, the CEIC and any other party (new section 43.19(3)).
Transitional provisions are made in this regard at clauses 42 to 44 of the bill. Clause 42 stipulates that an appeal that is ongoing before the EI Section prior the coming into force of clause 5 (which, as discussed below, repeals the current structure of the General Division) will be deemed to be an appeal before the EI Board of Appeal. In addition, pursuant to clauses 43 and 44, the EI Board of Appeal may access any documents and information of the Tribunal necessary to make a decision about an application or appeal, and the Tribunal is required to transfer documents and information related to ongoing appeals.
Clauses 5 to 12 of Bill C-37 are technical amendments to reflect the new structure of the Tribunal under which the General Division will no longer hear EI appeals. Notably, clause 5 repeals section 44(2) of the DESDA which provides that the General Division of the Tribunal consists of the Income Security Section and the EI Section.
Clause 6 amends section 45(2) of the DESDA to provide that, along with the chairperson of the Tribunal, two full-time members (rather than three, as currently stipulated) hold office as vice-chairpersons. One vice chairperson is responsible for the Appeal Division, while the other is responsible for the General Division.
Clause 9 amends section 51(2) of the DESDA to provide that, if the vice-chairperson of the Appeal Division cannot act for the chairperson owing to absence or incapacity, or if the office is vacant, the vice-chairperson of the General Division (as opposed to the vice-chairperson of one of the sections) may be authorized by the Minister to act as the chairperson and to perform all the duties and functions of the chairperson.
Clause 8 repeals section 47 of the DESDA, which currently requires the Minister to consult a committee before making a recommendation to the Governor in Council about the appointment of a Tribunal member who may hear matters in the EI Section of the General Division.
Finally, clauses 7, 11 and 12 of the bill remove references to the EI Section or matters coming within its purview, the Income Security Section and the CEIC from relevant provisions under Part 5 of the DESDA.
Clauses 35 to 37 of the bill are transitional provisions with respect to the vice chairperson of the EI Section as well as the full-time and part-time members assigned to the EI Section of the General Division. According to clause 35, upon the coming into force of clause 5, part-time members assigned to the EI Section will become part-time members of the EI Board of Appeal, while full-time members of the EI Section will be assigned to hear matters in the General Division which will no longer be divided into two sections. At the same time, the vice-chairperson responsible for the EI Section will become a full-time regional coordinator of the EI Board of Appeal.
Furthermore, clause 36 provides that the part-time members and vice-chairperson assigned to the EI Section cease to be members of the Tribunal upon becoming members of the EI Board of Appeal and regional coordinator, respectively. As such, for the remainder of the term for which they were originally appointed to the Tribunal, they are deemed to be appointed as EI Board of Appeal members (specifically, as the members who are appointed by the Governor in Council) or regional coordinator as the case may be. During this time, they hold office during good behaviour and may be removed for cause by the Governor in Council. Upon the expiry of that term, they are eligible to be reappointed as EI Board of Appeal members or as regional coordinator and hold office at pleasure. They are entitled to the same remuneration that they received while at the Tribunal for the remainder of the terms for which they were originally appointed.
Clause 37 indicates that former members of the General Division, the former vice chairperson responsible for the EI Section and full-time members of the Tribunal who were assigned to hear matters in the EI Section will not have any right to claim any compensation, damages, indemnity or other form of relief for ceasing to hold office in the Tribunal, for the abolition of that office or for being assigned to hear matters in the General Division, by the operation of this Act.
Clause 14 of the bill amends the DESDA to set out the process for appeals to the Appeal Division of the Tribunal of a decision made by the EI Board of Appeal, under new sections 54.1 to 54.5.
Under the new provisions, any decision of the EI Board of Appeal may be appealed to the Appeal Division within 30 days or, at the latest and if allowed by the Appeal Division, within one year from the day the decision and reasons were communicated in writing to the appellant (new sections 54.1, 54.2(1) and 54.2(2)).
The grounds of an appeal to the Appeal Division are provided in new section 54.3 of the DESDA as follows:
Unlike the EI Board of Appeal, the Appeal Division may determine a question of constitutional law. If the appeal relates to a question of constitutional law, new evidence may be introduced (new section 54.4).
The Appeal Division may dismiss the appeal, give the decision that the EI Board of Appeal should have given, refer the matter back to the EI Board of Appeal for reconsideration or confirm, rescind or vary the decision of the EI Board of Appeal in whole or in part (new section 54.5(1)). The decision of the Appeal Division must be provided in writing and include reasons; copies of the decision and reasons must be sent to the appellant and any other party (new section 54.5(2)).
Clause 21 amends section 59(1) of the DESDA to temporarily allow the Appeal Division to refer an appeal of a decision made by the EI Section to the EI Board of Appeal for reconsideration. In addition, transitional provisions are made under clauses 45 and 46 of the bill to, among other aspects, stipulate that on appeal of a decision made by the EI Section regarding certain matters, such as a summary dismissal, the Appeal Division must refer the matter back to the EI Board of Appeal for reconsideration. The Appeal Division, however, is not authorized to refer a question of constitutional law back to the EI Board of Appeal for reconsideration, in accordance with clause 41 of the bill. Clause 22 of the bill amends section 67 of the DESDA to allow the chairperson or a vice chairperson, in particular cases and for special reasons, to extend the time within which the Appeal Division is required by regulation to decide an appeal of a decision made by the EI Board of Appeal.
Clause 23 of Bill C-37 adds section 68.01 to provide that, upon request, the EI Board of Appeal must provide to the Appeal Division any documents and information necessary to decide an application or appeal.
Clauses 15 and 16 of the bill amend sections 56 to 57 of the DESDA to remove the requirement for leave to appeal decisions relating to Employment Insurance matters to the Appeal Division. However, leave to appeal will continue to be required for appeals of decisions regarding income security matters, such as Old Age Security and Canada Pension Plan matters.
Clauses 17 to 20 of the bill are technical amendments to leave to appeal and related provisions to ensure consistency with these changes and with the creation of the new EI Board of Appeal. Notably, clause 17 repeals sections 58(1) and 58(2) of the DESDA. Section 58(1) provides the grounds for appealing a decision made by the EI Section, whereas section 58(2) sets out the criteria for the Appeal Division to refuse leave to appeal a decision made by the EI Section. In addition, clause 18 amends section 58.1 of the DESDA, which sets out the criteria for granting leave to appeal a decision made by the Income Security Section, to replace references to the Income Security Section with references to the General Division.
The bill also makes various transitional provisions regarding leave to appeal. Clause 38, for example, stipulates that an application for leave to appeal a decision made by the EI Section that is ongoing before the Appeal Division when clause 4 (the provision that sets out the appeal mechanism with respect to the EI Board of Appeal) comes into force becomes a notice of appeal. This notice of appeal is then deemed to have been filed on the same day on which the application for leave to appeal was filed.
Additional transitional provisions are made under clauses 39 and 40 of the bill regarding prospective and ongoing appeals of a decision made by the EI Section before the coming into force of clause 5 (the provision which repeals the current structure of the General Division). Among other aspects, these appeals will be subject to the leave to appeal changes discussed above and may be referred to the EI Board of Appeal for reconsideration.
Clause 24 of Bill C-37 adds section 68.2 to allow the CEIC to make regulations related to the operation of the EI Board of Appeal with the approval of the Governor in Council. Specifically, the CEIC may make regulations regarding:
Clause 25 of the bill amends sections 69(c) and 69(f) of the DESDA to allow the Governor in Council to make regulations with respect to additional matters, including the time limits to bring an appeal of a decision made by the EI Board of Appeal to the Appeal Division and the time within which the Appeal Division is required to make a decision about such an appeal. The Governor in Council may also make regulations with respect to applications for leave to appeal a decision made by the General Division.
Clauses 26 to 33 of Bill C-37 are consequential amendments to other statutes to support the creation of the EI Board of Appeal.
Clause 26 amends section 28(1)(g.1) of the Federal Courts Act, which provides the Federal Court of Appeal with jurisdiction to judicially review decisions made by the Appeal Division of the Tribunal with certain exceptions. Additional exceptions provided under clause 26 relate to decisions to extend the time limits for bringing appeals to the EI Board of Appeal and for bringing appeals of decisions made by the EI Board of Appeal to the Appeal Division.
Clauses 27 to 33 amend the Labour Adjustment Benefits Act, the Income Tax Act and the Employment Insurance Act to reflect the new structure whereby the General Division of the Tribunal will no longer hear EI-related appeals, as the new EI Board of Appeal will take over these functions following a transition period. Transitional provisions are made in this regard in clauses 47 and 48 of the bill.
Clause 49(1) of the bill provides for the coming into force of various provisions on a day to be fixed by order of the Governor in Council. These include the provisions in clause 4 (which establish the process for making appeals to the EI Board of Appeal), clause 14 (which establish the process for making appeals to the Appeal Division of the Tribunal of a decision made by the EI Board of Appeal) and most of the consequential amendments. Other provisions that also come into force at the same time reflect the fact that the EI Board of Appeal will temporarily coexist with the EI Section of the General Division of the Tribunal until the relevant provisions are repealed.
Clause 49(2) of the bill provides for the coming into force of clause 5 (which repeals the current structure of the General Division) and related provisions on a day to be fixed by order of the Governor in Council. This day, however, must be after the day fixed in clause 49(1).
Other clauses not included in the coming into force provisions, such as clause 3 (which sets out the establishment and administration of the EI Board of Appeal) and clause 24 (which provides the CEIC with regulation-making powers with respect to the operation of the EI Board of Appeal), come into force when the bill receives Royal Assent.
(1.44 MB, 102 pages), Budget implementation bill (unedited), Publication no. 44-1-C47-E, Library of Parliament, 17 May 2023, pp. 85–89. [ Return to text ] (2.17 MB, 156 pages), Final report, October 2017, p. 1. [ Return to text ] (2.17 MB, 156 pages), Final report, October 2017, pp. 12–13. [ Return to text ] (2.17 MB, 156 pages), Final report, October 2017, p. 30. [ Return to text ] (2.17 MB, 156 page), Final report, October 2017, p. 6. [ Return to text ] (7.51 MB, 595 pages), 2021, p. 365. [ Return to text ]In its Charter Statement with respect to Bill C-37, tabled in the House of Commons on 31 January 2023, the Department of Justice concluded that the authority to allow for hearings to be held in private is consistent with section 2(b) of the Canadian Charter of Rights and Freedoms (the Charter). Section 2(b) of the Charter guarantees freedom of expression and includes the “open court principle,” according to which members of the public have a right to obtain information with respect to judicial proceedings. According to the Charter Statement:
Respect for the open court principle is important to ensuring freedom of the press and the ability of the public to access information about Board of Appeal proceedings. However, in some circumstances privacy considerations may outweigh the open court principle. Specifically, private hearings may be necessary in certain circumstances to protect the privacy of persons going before the Board of Appeal, whose information is often of a highly sensitive nature, such as medical reports. Any regulations setting out the circumstances under which hearings may be held in private must themselves comply with the Charter.See Government 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) – Charter Statement, 31 January 2023.[ Return to text ]
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