GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Department of Employment and Social Development Act — H-5.7 15
Fees for regulatory processes and approvals 15 (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees to be paid for regulatory processes or approvals provided by the Minister, the Department, the Commission or any other board or agency of the Government of Canada for which the Minister has responsibility. Amount (2) Fees that are fixed under subsection (1) may not in the aggregate exceed an amount sufficient to compensate Her Majesty in right of Canada for any reasonable outlays incurred by Her Majesty for providing the regulatory processes or approvals.
Department of Employment and Social Development Act — H-5.7 16
Publication 16 (1) The Minister shall, within thirty days after the day on which the Minister fixes a fee under any of sections 13 to 15 , publish the fee in the Canada Gazette . Reference to Scrutiny Committee (2) A fee fixed under any of sections 13 to 15 shall stand referred to the Committee referred to in section 19 of the Statutory Instruments Act to be reviewed and scrutinized as if it were a statutory instrument.
Department of Employment and Social Development Act — H-5.7 17
Power to make regulations 17 The Treasury Board may make regulations for the purposes of sections 13 to 15 .
Department of Employment and Social Development Act — H-5.7 18
Minister of Labour 18 (1) A Minister of Labour may be appointed by commission under the Great Seal to hold office during pleasure. Powers, duties and functions (2) The powers, duties and functions of the Minister of Labour extend to and include all matters relating to labour over which Parliament has jurisdiction and which are not by law assigned to any other department, board or agency of the Government of Canada. They are to be exercised with the objective of promoting safe, healthy, fair, stable, cooperative and productive workplaces. No Minister of Labour appointed (3) If no Minister of Labour is appointed under subsection (1), (a) the Minister shall exercise the powers and perform the duties and functions of the Minister of Labour; and (b) every reference to the Minister of Labour in any Act of Parliament or in any order, regulation or other instrument made under an Act of Parliament shall, unless the context otherwise requires, be read as a reference to the Minister. Use of departmental services and facilities (4) The Minister of Labour shall make use of the services and facilities of the Department and may authorize employees of the Department to exercise any power or perform any duty or function of the Minister of Labour.
Department of Employment and Social Development Act — H-5.7 19
Programs 19 The Minister of Labour may, in exercising the powers and performing the duties and functions assigned by subsection 18 (2), establish and implement programs designed to support projects or other activities that promote safe, healthy, fair, stable, cooperative and productive workplaces, and the Minister may make grants and contributions in support of the programs.
Department of Employment and Social Development Act — H-5.7 19.01
Business numbers — Minister of Labour 19.01 The Minister of Labour may collect any business number , as defined in subsection 248(1) of the Income Tax Act , and use it as an identifier for the purposes of the administration or enforcement of any Act, program or activity in respect of which the administration or enforcement is the responsibility of that Minister. 2018, c. 12, s. 273
Department of Employment and Social Development Act — H-5.7 19.02
Social Insurance Numbers — Minister of Labour 19.02 The Minister of Labour may collect and use a person’s Social Insurance Number to verify their identity for the purposes of the administration or enforcement of any Act, program or activity in respect of which the administration or enforcement is the responsibility of that Minister. 2021, c. 23, s. 262
Department of Employment and Social Development Act — H-5.7 19.1
Crediting to Labour Cooperation Treaties Account 19.1 (1) All moneys received by Her Majesty as a result of a monetary assessment by a panel determination under a treaty, or chapter of a treaty, respecting labour cooperation referred to in the schedule shall be paid into the Consolidated Revenue Fund and, if required under the treaty, credited to a special account in the accounts of Canada to be known as the Labour Cooperation Treaties Account. Additional credits to Account (2) If an amount is assessed against Canada by a panel determination under a treaty, or chapter of a treaty, respecting labour cooperation referred to in the schedule, an amount equal to that amount shall be credited to the Account if the Account has been designated for the purposes of the treaty in accordance with its provisions. Interest (3) On April 1 of every year there shall be credited to the Account an amount representing interest, at the rate fixed for the purposes of subsection 21(2) of the Financial Administration Act , on the balance to the credit of the Account. Payment of moneys (4) One or more amounts not exceeding in total the amount standing in the Account in relation to a treaty, including interest, may, on the requisition of the Minister of Labour, be paid out of the Consolidated Revenue Fund in accordance with the provisions of the treaty. The amount of all such payments is to be charged to the Account. 2009, c. 16, s. 50; 2014, c. 14, ss. 49, 51, c. 28, s. 57
Department of Employment and Social Development Act — H-5.7 20
Commission 20 (1) The Canada Employment Insurance Commission is continued. It consists of four commissioners. Commissioners (2) The four commissioners shall be (a) the Deputy Minister of Employment and Social Development, who shall be the Chairperson of the Commission; (b) an Associate Deputy Minister of Employment and Social Development, who shall be the Vice-Chairperson of the Commission; (c) a person appointed by the Governor in Council after consultation with organizations representative of workers; and (d) a person appointed by the Governor in Council after consultation with organizations representative of employers. Employment Insurance Canada (3) The expressions “Employment Insurance Canada” and “ Assurance-emploi Canada ” in any document issued or executed in relation to the matters set out in section 24 are deemed to be references to the “Canada Employment Insurance Commission” and the “ Commission de l’assurance-emploi du Canada ”, respectively. 2005, c. 34, s. 20; 2010, c. 12, s. 1723; 2013, c. 40, s. 210
Department of Employment and Social Development Act — H-5.7 21
Tenure, remuneration and conditions of office 21 (1) Commissioners, other than the Chairperson and Vice-Chairperson, (a) shall be appointed by the Governor in Council to hold office during good behaviour for a term not exceeding five years but may be removed by the Governor in Council at any time for cause; (b) are eligible for reappointment on the expiration of each term of office; (c) shall receive the remuneration that is fixed by the Governor in Council; (d) are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made pursuant to section 9 of the Aeronautics Act ; and (e) shall devote the whole of their time to the performance of the duties and functions of the office of commissioner and shall not accept or hold any office or employment or carry on any activity inconsistent with their duties and functions. Tenure, remuneration and conditions of office — acting (2) In the event of the absence or incapacity of a commissioner other than the Chairperson or Vice-Chairperson or if the office is vacant, the Governor in Council may designate a person to act as a commissioner for the period of the absence, incapacity or vacancy and the person so designated has and may exercise all the powers and perform all the duties and functions of a commissioner, unless the Governor in Council specifies otherwise. 2005, c. 34, ss. 21, 82(E)
Department of Employment and Social Development Act — H-5.7 22
Chairperson 22 (1) The Chairperson of the Commission is the chief executive officer of the Commission. The Chairperson supervises the work of the Commission and presides at its meetings. Vice-Chairperson (2) The Vice-Chairperson of the Commission exercises the powers and performs the duties and functions under the Chairperson that the Chairperson may specify. Acting Chairperson (3) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-Chairperson has and may exercise all the powers and perform all the duties and functions of the Chairperson. Acting Vice-Chairperson (4) In the event of the absence or incapacity of the Vice-Chairperson, if the office of Vice-Chairperson is vacant or if the Vice-Chairperson is acting as Chairperson pursuant to subsection (3), the Governor in Council may designate a person to act as Vice-Chairperson for the period of the absence, incapacity or vacancy or the period during which the Vice-Chairperson is acting as Chairperson, and the person so designated has and may exercise all the powers and perform all the duties and functions of the Vice-Chairperson, unless the Governor in Council specifies otherwise.
Department of Employment and Social Development Act — H-5.7 23
Voting 23 The Vice-Chairperson may not vote at any meeting of the Commission unless the Vice-Chairperson is acting for or on behalf of the Chairperson.
Department of Employment and Social Development Act — H-5.7 24
Powers, duties and functions of the Commission 24 (1) The Commission shall exercise the powers and perform the duties and functions (a) that are required by the Minister or by or pursuant to an Act of Parliament in relation to employment insurance, employment services and the development and utilization of labour market resources; and (b) that are required by order of the Governor in Council or by or pursuant to an Act of Parliament in relation to other matters. Agreements with other countries (2) With the approval by order of the Governor in Council, the Commission may, notwithstanding any other Act of Parliament, enter into agreements with the governments of other countries to establish reciprocal arrangements relating to any matter set out in subsection (1). Directions to Commission (3) The Commission shall comply with any directions given to it from time to time by the Minister respecting the exercise of its powers or the performance of its duties and functions.
Department of Employment and Social Development Act — H-5.7 24.1
Business numbers — Commission 24.1 The Commission may collect any business number , as defined in subsection 248(1) of the Income Tax Act , and use it as an identifier for the purposes of the administration or enforcement of the Employment Insurance Act . 2018, c. 12, s. 274
Department of Employment and Social Development Act — H-5.7 25
Rules 25 (1) The Commission may make rules respecting the calling of meetings of the Commission and generally respecting the conduct of its business. Minutes of meetings (2) Minutes shall be recorded of all formal meetings of the Commission.
Department of Employment and Social Development Act — H-5.7 26
Agent of Her Majesty 26 (1) The Commission is a body corporate and is for all purposes an agent of Her Majesty in right of Canada and it may exercise its powers only as an agent of Her Majesty in that right. Contracts (2) The Commission may, on behalf of Her Majesty in right of Canada, enter into contracts in the name of Her Majesty or in the name of the Commission.
Department of Employment and Social Development Act — H-5.7 27
Head office 27 (1) The head office of the Commission shall be in the National Capital Region as described in the schedule to the National Capital Act or at any other place in Canada that may be designated by order of the Governor in Council. Residence (2) The Chairperson and Vice-Chairperson shall reside in the National Capital Region or at the place designated by the Governor in Council under subsection (1), or within reasonable commuting distance of that region or place. 2005, c. 34, s. 27; 2011, c. 24, s. 189
Department of Employment and Social Development Act — H-5.7 28
Staff 28 (1) The officers and employees necessary for the proper conduct of the business of the Commission shall be employees of the Department. (1.1) [Repealed, 2008, c. 28, s. 132] Agents (2) The Commission may enter into contracts with agents in or for locations where the Commission considers it desirable to do so. Delegation (3) The Commission may authorize any person or body, or member of a class of persons or bodies, to exercise powers or perform duties and functions of or delegated to the Commission, and any such authorized person or body or class of persons or bodies may exercise specified powers or perform specified duties and functions. Actuary — Employment Insurance Act (4) The Commission shall engage the services of a Fellow of the Canadian Institute of Actuaries who is an employee of the Office of the Superintendent of Financial Institutions to perform the duties under section 66.3 of the Employment Insurance Act . 2005, c. 30, s. 129, c. 34, s. 28; 2008, c. 28, s. 132; 2012, c. 31, s. 441
Department of Employment and Social Development Act — H-5.7 28.1
Registration 28.1 (1) Any person who is employed in insurable employment as defined in the Employment Insurance Act or who is a self-employed person in respect of whom Part VII.1 of that Act applies must be registered with the Commission. Register (2) The Commission shall maintain a register containing the names of the persons referred to in subsection (1) and any other information that it determines is necessary to accurately identify them. Social Insurance Number (3) The Commission shall assign to each person registered with it a number that is suitable for use as a file number or account number or for data processing purposes, and that number is the person’s Social Insurance Number for any purpose for which a Social Insurance Number is required. Social Insurance Number card (4) The Commission may issue to each person registered with it a card containing the person’s name and Social Insurance Number. 2005, c. 30, s. 129; 2008, c. 28, s. 133; 2012, c. 19, s. 304
Department of Employment and Social Development Act — H-5.7 28.3
Change of name 28.3 When the name of a person to whom a Social Insurance Number has been assigned changes because of marriage or otherwise, the person shall inform the Commission of their new name within 60 days after the day on which the change of name becomes effective, unless they have already so informed another authority empowered to receive that information. 2012, c. 19, s. 304
Department of Employment and Social Development Act — H-5.7 28.4
Prohibitions 28.4 (1) No person (a) shall, knowing that they already have a Social Insurance Number, make an application to be again assigned a Social Insurance Number, whether the person gives information that is the same as or different from that contained in their previous application on which the Social Insurance Number had been assigned; (b) shall, with intent to defraud or deceive any person, present, loan or use a Social Insurance Number or Social Insurance Number card; (c) shall, without the authority of the Commission, manufacture a Social Insurance Number card or a substantially similar card, or duplicate a Social Insurance Number card, except by making a paper photocopy for record purposes only; or (d) shall, without the authority of the Commission, sell a Social Insurance Number, a Social Insurance Number card or a substantially similar card. Offence and punishment (2) Every person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine of not more than $1,000 or to imprisonment for a term of not more than one year, or to both. 2012, c. 19, s. 304
Department of Employment and Social Development Act — H-5.7 28.5
Designation of investigators 28.5 (1) The Minister or the Commission may designate as an investigator for the purpose of enforcing section 28.4 any person, or class of persons, that the Minister or the Commission considers qualified. Territorial jurisdiction (2) An information or complaint about an offence under this Part may be heard, tried or determined by any provincial court judge , as defined in section 2 of the Criminal Code , if the accused is resident, carrying on business, found, apprehended or in custody in the judge’s territorial jurisdiction regardless of whether or not the matter of the information or complaint arose in that jurisdiction. Limitation period (3) Proceedings in respect of an offence under this Part may be commenced at any time within, but not later than, five years after the day on which the subject matter of the proceedings arose. 2018, c. 12, s. 275
Department of Employment and Social Development Act — H-5.7 29
Audit by Auditor General 29 The Auditor General of Canada shall annually audit the accounts and financial transactions of the Commission for the previous fiscal year. The Auditor General shall also audit the Employment Insurance Operating Account established by section 70.2 of the Employment Insurance Act , and a report of that audit shall be made to the Minister. 2005, c. 34, s. 29; 2010, c. 12, s. 2201
Department of Employment and Social Development Act — H-5.7 30
Definitions 30 (1) The following definitions apply in this Part. administration , in respect of programs, includes development, operation and evaluation. ( mise en oeuvre ) federal institution means a department or any other body referred to in a schedule to the Financial Administration Act . ( institution fédérale ) information means personal information as defined in section 3 of the Privacy Act , except that the portion of that definition between paragraphs (i) and (j) shall be read as “but, for the purposes of this Part, does not include”. ( renseignements ) program , except in subsection (2), means any program the administration or enforcement of which is the responsibility of the Minister or the Commission and includes any legislation, policy or activity the administration or enforcement of which is their responsibility. ( programme ) public officer means an officer or employee of a federal institution, a prescribed individual or a member of a prescribed class of individuals. ( fonctionnaire public ) service delivery program means a program for the provision of a service or facility referred to in subparagraph 5.1(1)(a)(i), including the performance of its related activities. ( programme de prestation de services ) Interpretation (2) For the purposes of this Part, a reference to the Minister includes the Minister of Labour in respect of any program, legislation, policy or activity the administration or enforcement of which is the responsibility of the Minister of Labour. (3) [Repealed, 2012, c. 19, s. 282] 2005, c. 34, s. 30; 2012, c. 19, s. 282; 2018, c. 12, s. 276
Department of Employment and Social Development Act — H-5.7
administration , in respect of programs, includes development, operation and evaluation. ( mise en oeuvre )
Department of Employment and Social Development Act — H-5.7
federal institution means a department or any other body referred to in a schedule to the Financial Administration Act . ( institution fédérale )
Department of Employment and Social Development Act — H-5.7
information means personal information as defined in section 3 of the Privacy Act , except that the portion of that definition between paragraphs (i) and (j) shall be read as “but, for the purposes of this Part, does not include”. ( renseignements )
Department of Employment and Social Development Act — H-5.7
program , except in subsection (2), means any program the administration or enforcement of which is the responsibility of the Minister or the Commission and includes any legislation, policy or activity the administration or enforcement of which is their responsibility. ( programme )
Department of Employment and Social Development Act — H-5.7
public officer means an officer or employee of a federal institution, a prescribed individual or a member of a prescribed class of individuals. ( fonctionnaire public )
Department of Employment and Social Development Act — H-5.7
service delivery program means a program for the provision of a service or facility referred to in subparagraph 5.1(1)(a)(i), including the performance of its related activities. ( programme de prestation de services )
Department of Employment and Social Development Act — H-5.7 31
Purpose 31 This Part sets out the rules that apply to the protection and the making available of information that is obtained by the Minister or the Commission under a program or prepared from that information. This Part also sets out principles for the use of information for research purposes.
Department of Employment and Social Development Act — H-5.7 32
Protection of information 32 Information is privileged and shall not be made available unless (a) it is authorized under subsection 28.2(5) or by this Part, or by an agreement under section 105 or paragraph 107(1)(a) of the Canada Pension Plan or paragraph 40(1)(a) of the Old Age Security Act ; or (b) it may be made available under any of paragraphs 33.1(a) to (c) of the Old Age Security Act . 2005, c. 34, s. 32; 2012, c. 19, s. 283
Department of Employment and Social Development Act — H-5.7 33
Availability of information — individuals and representatives 33 (1) In addition to an individual’s right of access under section 12 of the Privacy Act , and subject to the exemptions and exclusions provided in that Act, information may be made available to the individual or their representative on their request in writing to the Minister. Availability of information — individuals, representatives and members of Parliament (2) On the conditions that the Minister considers advisable, and subject to the exemptions and exclusions provided in the Privacy Act , if the information is relevant to the making of an application or the receipt of a benefit or other assistance by the individual under a program, to a division of unadjusted pensionable earnings or an assignment of a retirement pension that affects the individual or to any other matter that affects the individual under a program, it may be made available to (a) the individual; (b) the individual’s representative; or (c) a member of Parliament who is inquiring on behalf of the individual. 2005, c. 34, s. 33; 2012, c. 19, s. 283
Department of Employment and Social Development Act — H-5.7 34
Availability of information for a program 34 (1) Information may be made available to any person or body for the administration or enforcement of the program for which it was obtained or prepared. Availability of information within the Department (2) Information may be made available to the Commission or a public officer of the Department for the administration or enforcement of a program.
Department of Employment and Social Development Act — H-5.7 34.1
Service delivery programs 34.1 (1) Information may be made available to any person or body for the administration of the service delivery program under which that information was obtained or prepared. Co-administered programs (2) Information obtained or prepared under a program the administration or enforcement of which is the responsibility, under an Act of Parliament, of the Minister and one or more partner entities may be made available to that entity or those entities for the administration or enforcement of that program. Other programs (3) Information obtained or prepared under a program, other than a service delivery program, that is related to the provision of a service or facility referred to in subsection 5.1(1) may be made available to any person or body for the administration or enforcement of the program under which it was obtained or prepared. Application (4) For greater certainty, this section applies to information obtained or prepared before the day on which this subsection comes into force. 2018, c. 12, s. 277