GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Department of Employment and Social Development Act — H-5.7 34.2
Non-application — information made available 34.2 (1) Sections 32 to 34 and 35 to 42 do not apply in respect of information that is made available under section 34.1. Non application — information obtained (2) Sections 33, 34, 35 to 36.2, 40 and 41 do not apply in respect of information obtained under a service delivery program. 2018, c. 12, s. 277
Department of Employment and Social Development Act — H-5.7 35
Availability of information — federal institutions 35 (1) Information may be made available to a minister or a public officer of a prescribed federal institution for the administration or enforcement of a prescribed federal or provincial law or activity if the Minister considers it advisable and the information is made available subject to conditions that are agreed on by the Minister and the federal institution. Secondary release of information (2) Information obtained under subsection (1) shall not be made available to any other person or body unless the Minister considers it advisable, the information is made available for the same purpose and it is subject to conditions that are agreed on by the Minister and the federal institution. 2005, c. 34, s. 35; 2012, c. 19, s. 284
Department of Employment and Social Development Act — H-5.7 36
Availability of information — provincial authorities 36 (1) Information may be made available to the government of a province, or to a public body created under the law of a province, for the administration or enforcement of a federal law or activity or of a provincial law or prescribed provincial activity, if the Minister considers it advisable and the information is made available subject to conditions that are agreed on by the Minister and the government or body. Availability of information to foreign states and bodies (2) Information may be made available to the government of a foreign state, an international organization of states or an international organization established by the governments of states, or any institution of any such government or organization, for the administration or enforcement of a law if the Minister considers it advisable and the information is made available subject to conditions agreed upon by the Minister and the government, organization or institution. Secondary release of information (3) Information obtained under this section by a government, public body, organization or institution shall not be made available to any other person or body unless the Minister considers it advisable, the information is made available for the same purpose and it is subject to conditions agreed upon by the Minister and the government, public body, organization or institution. 2005, c. 34, s. 36; 2012, c. 19, s. 285
Department of Employment and Social Development Act — H-5.7 36.1
Information relative to Social Insurance Numbers 36.1 Despite any other Act or law, the minister or other authority charged with the administration or enforcement of an Act under which Social Insurance Numbers may be assigned and the Minister may exchange the information contained in any applications for such numbers and the numbers so assigned, and may make available any of that information or those numbers in any manner that may be authorized by that Act. 2012, c. 19, s. 286
Department of Employment and Social Development Act — H-5.7 36.2
Availability of information — certain persons or bodies 36.2 (1) If the Minister considers it advisable, information may, for the purpose of the administration or enforcement of a federal law or activity or of a provincial law or prescribed provincial activity, be made available to any person or body — other than one to whom it could be made available under subsection 28.2(5) or any of sections 34 to 36.1 — on the conditions set out in an agreement between the Minister and the person or body. Secondary release of information (2) Information obtained under subsection (1) shall not be made available to any other person or body unless the Minister considers it advisable, the information is made available for the same purpose and it is subject to conditions that are agreed on by the Minister and the person or body that obtained the information. 2012, c. 19, s. 286
Department of Employment and Social Development Act — H-5.7 37
Public interest 37 (1) Despite sections 33 to 36.2, information may be made available if the Minister is of the opinion that the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure or that disclosure would clearly benefit the individual to whom the information relates. Notice of disclosure (2) The Minister shall, prior to the disclosure, notify the Privacy Commissioner appointed under section 53 of the Privacy Act and any affected partner entity in writing of any disclosure of information under subsection (1) if it is reasonably practicable or in any other case without delay after the disclosure. The Privacy Commissioner may, if he or she considers it appropriate, notify the individual to whom the information relates of the disclosure. 2005, c. 34, s. 37; 2012, c. 19, s. 287; 2018, c. 12, s. 278
Department of Employment and Social Development Act — H-5.7 38
Research or statistical purposes 38 Information may be made available for research or statistical purposes to any person or body, including a person or body referred to in section 35, 36 or 36.2 of this Act or in section 105 of the Canada Pension Plan , if (a) the Minister is of the opinion that the research or statistical purposes are consistent with the principles set out in paragraphs 39 (1)(a) to (e); (b) the Minister is of the opinion that the purpose for which the information is made available cannot reasonably be accomplished unless the information is provided in a form that may identify the individual to whom it relates; and (c) the information is made available subject to conditions set out in an agreement between the Minister and the person or body, and the person or body undertakes in the agreement not to subsequently disclose the information in a form that could reasonably be expected to identify the individual to whom it relates. 2005, c. 34, s. 38; 2012, c. 19, s. 288
Department of Employment and Social Development Act — H-5.7 39
Use of information for research purposes 39 (1) The use of information by the Minister and by public officers of the Department for policy analysis, research or evaluation purposes shall be guided by the following principles: (a) the object of the policy analysis, research or evaluation is consistent with the powers, duties and functions of the Minister; (b) the use of the information is consistent with any agreement under which the information was obtained; (c) the results of the policy analysis, research or evaluation will be made available only in accordance with the provisions of this Part, section 105 of the Canada Pension Plan , and any agreements under which the information was obtained; (d) the policy analysis, research or evaluation would be difficult or impossible if the information were not used; and (e) the policy analysis, research or evaluation is in the public interest. Use (2) Unless authorized by the Minister, a public officer shall not use information for the purpose of policy analysis, research or evaluation if the information would allow an individual to be identified. Restriction (3) Information that is used for policy analysis, research or evaluation purposes shall not be used for any administrative purpose as defined in section 3 of the Privacy Act . 2005, c. 34, s. 39; 2012, c. 19, s. 289
Department of Employment and Social Development Act — H-5.7 40
Evidence and production of documents 40 Despite any other Act or law, the Minister, the members of the Commission and public officers shall not be required, in connection with any legal proceedings, to give evidence relating to information that is privileged under section 32 or to produce a statement or other writing that contains any such privileged information unless the Minister considers that it is appropriate to do so or the legal proceeding directly concerns the administration or enforcement of a program.
Department of Employment and Social Development Act — H-5.7 41
Agreements authorizing the obtaining of information 41 The Minister may enter into agreements to obtain information for the administration or enforcement of a program with federal institutions, governments of provinces or public bodies created under provincial law, governments of foreign states, international organizations of states or international organizations established by the governments of states, any institution of any such government or organization, and other persons or bodies.
Department of Employment and Social Development Act — H-5.7 42
Offence 42 (1) Every person or body commits an offence if they knowingly make available information that is privileged under this Part, or knowingly use or allow such information to be used, otherwise than in accordance with this Part or subsection 28.2(5) or (6), or a condition or agreement referred to (a) in subsection 33(2) or any of sections 35, 36, 36.2 and 38 of this Act; (b) in section 104.1 or 105 of the Canada Pension Plan ; or (c) in section 39 of the Old Age Security Act . Punishment — individuals (2) An individual who is guilty of an offence under subsection (1) is liable on summary conviction to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both. Punishment — others (3) A body or a person, other than an individual, who is guilty of an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000. 2005, c. 34, s. 42; 2012, c. 19, s. 290
Department of Employment and Social Development Act — H-5.7 43
Regulations 43 The Governor in Council may, by regulation, prescribe (a) individuals or classes of individuals for the purpose of the definition public officer in subsection 30 (1); (b) federal institutions, for the purposes of subsection 35(1), to which the information referred to in that subsection may be made available, and the federal or provincial laws or activities for whose administration or enforcement the information may be made available; and (c) provincial activities, for the purposes of subsections 36(1) and 36.2(1), in respect of which the information referred to in those subsections may be made available. 2005, c. 34, s. 43; 2012, c. 19, s. 291
Department of Employment and Social Development Act — H-5.7 43.01
Establishment of Board of Appeal 43.01 The Employment Insurance Board of Appeal is established. 2023, c. 26, s. 633
Department of Employment and Social Development Act — H-5.7 43.02
Appointment — Executive Head 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. Appointment — regional coordinators (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. Diversity (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. 2023, c. 26, s. 633
Department of Employment and Social Development Act — H-5.7 43.03
Composition 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. Terms of members (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). Equal number (3) To the extent possible, an equal number of members is to be appointed under each of paragraphs (1)(a) to (c). Regional representation and diversity (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. Completion of ongoing matters (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. 2023, c. 26, s. 633
Department of Employment and Social Development Act — H-5.7 43.04
Executive Head 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. Report on overall performance (2) The Executive Head is to report regularly to the Commission on the overall performance of the Board of Appeal. Regional coordinators (3) Regional coordinators assist the Executive Head and perform any duties and functions that the Executive Head may assign. Delegation — regional coordinators (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). Members assigned to region (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. Absence — Executive Head (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. 2023, c. 26, s. 633
Department of Employment and Social Development Act — H-5.7 43.05
Board of Appeal hearings — three-member panels 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). Determination of regional coordinator (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. Delegation — employees of Department (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). 2023, c. 26, s. 633
Department of Employment and Social Development Act — H-5.7 43.06
Remuneration 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. Expenses — Executive Head (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. Expenses — full-time regional coordinators (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. Expenses — part-time regional coordinators and members (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. 2023, c. 26, s. 633
Department of Employment and Social Development Act — H-5.7 43.07
Public Service Superannuation Act 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 . Other benefits (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 . 2023, c. 26, s. 633
Department of Employment and Social Development Act — H-5.7 43.08
Employees, services and facilities 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. 2023, c. 26, s. 633
Department of Employment and Social Development Act — H-5.7 43.09
Immunity 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. 2023, c. 26, s. 633
Department of Employment and Social Development Act — H-5.7 43.1
Competence and compellability 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. 2023, c. 26, s. 633
Department of Employment and Social Development Act — H-5.7 43.11
Appeal — time limit 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. Extension (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. Decision in writing (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. 2023, c. 26, s. 634
Department of Employment and Social Development Act — H-5.7 43.12
Constitutional questions 43.12 The Board of Appeal may not consider any question of constitutional law. 2023, c. 26, s. 634
Department of Employment and Social Development Act — H-5.7 43.13
Decision 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. Decision in writing with reasons (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. 2023, c. 26, s. 634
Department of Employment and Social Development Act — H-5.7 43.14
Time limits 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). 2023, c. 26, s. 634
Department of Employment and Social Development Act — H-5.7 43.15
Expenses and allowances 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. 2023, c. 26, s. 634
Department of Employment and Social Development Act — H-5.7 43.16
Appeal — region 43.16 (1) An appeal is to be heard in the appellant’s region, except in the circumstances provided for in the regulations. Appeal — persons present (2) An appeal is to be heard in the presence of the parties or their counsel or agents, except in the circumstances provided for in the regulations. Hearings in private (3) All or part of a Board of Appeal hearing may be held in private in the circumstances provided for in the regulations. 2023, c. 26, s. 634
Department of Employment and Social Development Act — H-5.7 43.17
Representation of party 43.17 A party may, at their own expense, be represented by a representative of their choice. 2023, c. 26, s. 634
Department of Employment and Social Development Act — H-5.7 43.18
Powers of Board of Appeal 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. Employment Insurance Act (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. 2023, c. 26, s. 634