First Session, Thirty-eighth Parliament,
53-54 Elizabeth II, 2004-2005
STATUTES OF CANADA 2005CHAPTER 34
An Act to establish the Department of Human Resources and Skills Development and to amend and repeal certain related Acts
ASSENTED TO
20th JULY, 2005
BILL C-23
RECOMMENDATION
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to establish the Department of Human Resources and Skills Development and to amend and repeal certain related Acts”.
SUMMARY
This enactment establishes the Department of Human Resources and Skills Development over which presides the Minister of Human Resources and Skills Development. It defines the powers, duties and functions of the Minister as well as those of the Minister of Labour and of the Canada Employment Insurance Commission. This enactment also sets out rules for the protection and the making available of personal information obtained under departmental programs.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
TABLE OF PROVISIONS
AN ACT TO ESTABLISH THE DEPARTMENT OF HUMAN RESOURCES AND SKILLS DEVELOPMENT AND TO AMEND AND REPEAL CERTAIN RELATED ACTS
SHORT TITLE
1.       Short title
INTERPRETATION
2.       Definitions
PART 1
DEPARTMENT OF HUMAN RESOURCES AND SKILLS DEVELOPMENT
Establishment
3.       Department established
4.       Deputy Minister
Powers, Duties and Functions of the Minister
5.       Powers, duties and functions
6.       Powers
7.       Programs
Interdepartmental Services
8.       Services
Committees
9.       Committees
General Provisions
10.       Agreements
11.       Delegation
12.       Oaths and affidavits
13.       Fees for services and use of facilities
14.       Fees for products, rights and privileges
15.       Fees for regulatory processes and approvals
16.       Publication
17.       Power to make regulations
PART 2
MINISTER OF LABOUR
18.       Minister of Labour
19.       Programs
PART 3
CANADA EMPLOYMENT INSURANCE COMMISSION
Continuation of the Commission
20.       Commission
21.       Tenure, remuneration and conditions of office
22.       Chairperson
23.       Voting
Powers, Duties and Functions of the Commission
24.       Powers, duties and functions of the Commission
25.       Rules
26.       Agent of Her Majesty
Organization and Operation of the Commission
27.       Head office
28.       Staff
Audit
29.       Audit by Auditor General
PART 4
PROTECTION OF PERSONAL INFORMATION
30.       Definitions
31.       Purpose
32.       Protection of information
33.       Availability of information on request of an individual
34.       Availability of information for a program
35.       Availability of information to Department of Social Development
36.       Availability of information to provincial authorities
37.       Public interest
38.       Research or statistical purposes
39.       Use of information for research purposes
40.       Evidence and production of documents
41.       Agreements authorizing the obtaining of information
42.       Offence
43.       Regulations
PART 5
CANADA EDUCATION SAVINGS GRANTS
Interpretation
44.       Definitions
Purpose of Part
45.       Purpose
Payments
46.       Authority to pay CES grants
General
47.       Recovery of payments and interest
48.       Regulations
PART 6
TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND RELATED AMENDMENTS, COORDINATING AMENDMENTS, REPEAL AND COMING INTO FORCE
Transitional Provisions
49.       Minister, Deputy Minister and Associate Deputy Minister
50.       Canada Employment Insurance Commission — Chairperson
51.       Transfer of powers, duties and functions
52.       Transfer of appropriations
53.       No Minister of Labour
54.       Student financial assistance
55.       Assistance for long-service employees
56.       Repeal of sections 127 and 128 of the Employment Insurance Act
57.       Canada education savings grant
Consequential and Related Amendments
58-61.       Access to Information Act
62.       Canada Labour Code
63.       Canada Student Financial Assistance Act
64.       Employment Insurance Act
65-67.       Financial Administration Act
68-71.       Income Tax Act
72-74.       Privacy Act
75-76.       Public Sector Compensation Act
77.       Salaries Act
78.       Canada Student Financial Assistance Regulations
Changes in Terminology
79-81.       Changes in terminology
Coordinating amendments
82.       Public Service Modernization Act
83.       Bill C-5
Repeal
84.       Department of Human Resources Development Act
Coming into Force
85.       Order in council
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53-54 ELIZABETH II
——————
CHAPTER 34
An Act to establish the Department of Human Resources and Skills Development and to amend and repeal certain related Acts
[Assented to 20th July, 2005]
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Department of Human Resources and Skills Development Act.
INTERPRETATION
Definitions
2. The following definitions apply in this Act.
“Commission”« Commission »
“Commission” means the Canada Employment Insurance Commission continued by section 20.
“Minister”« ministre »
“Minister” means the Minister of Human Resources and Skills Development.
PART 1
DEPARTMENT OF HUMAN RESOURCES AND SKILLS DEVELOPMENT
Establishment
Department established
3. (1) There is hereby established a department of the Government of Canada called the Department of Human Resources and Skills Development over which the Minister of Human Resources and Skills Development, appointed by commission under the Great Seal, shall preside.
Human Resources and Skills Development Canada
(2) The expressions “Human Resources and Skills Development Canada” and “Ressources humaines et Développement des compétences Canada” in any document issued or executed in relation to the powers, duties and functions conferred on the Minister by this or any other Act are deemed to be references to the “Department of Human Resources and Skills Development” and the “ministère des Res­sources humaines et du Développement des compétences”, respectively.
Minister
(3) The Minister holds office during pleasure and has the management and direction of the Department.
Deputy Minister
4. (1) The Governor in Council may appoint an officer called the Deputy Minister of Human Resources and Skills Development to hold office during pleasure and to be the deputy head of the Department.
Associate Deputy Ministers
(2) The Governor in Council may appoint one or more Associate Deputy Ministers of Human Resources and Skills Development to hold office during pleasure and each shall have the rank and status of a deputy head of a department and exercise, under the Deputy Minister of Human Resources and Skills Development, the powers and perform the duties and functions as deputies of the Minister and otherwise that the Minister may specify.
Deputy Minister of Labour
(3) The Governor in Council may designate the Deputy Minister of Human Resources and Skills Development or one of the Associate Deputy Ministers to be Deputy Minister of Labour.
Powers, Duties and Functions of the Minister
Powers, duties and functions
5. (1) The powers, duties and functions of the Minister extend to and include all matters relating to human resources and skills development in Canada over which Parliament has jurisdiction and which are not by law assigned to any other Minister, department, board or agency of the Government of Canada.
Exercise of powers
(2) The Minister shall exercise the powers and perform the duties and functions assigned by subsection (1) with a view to improving the standard of living and quality of life of all Canadians by promoting a highly skilled and mobile workforce and an efficient and inclusive labour market.
Powers
6. In exercising the powers and performing the duties or functions assigned to the Minister under this or any other Act, the Minister may
(a) subject to the Statistics Act, collect, analyse, interpret, publish and distribute information relating to human resources and skills development; and
(b) cooperate with provincial authorities with a view to coordinating efforts for human resources and skills development.
Programs
7. The Minister may, in exercising the powers and performing the duties and functions assigned by this Act, establish and implement programs designed to support projects or other activities that contribute to the development of the human resources of Canada and the skills of Canadians, and the Minister may make grants and contributions in support of the programs.
Interdepartmental Services
Services
8. (1) The Department and the Commission may provide services to, and receive services from, the Department of Social Development.
Amounts recovered
(2) The Minister may, with the approval of the Treasury Board, fix the amounts or the manner of determining the amounts to be recovered for services provided to the Department of Social Development. The amounts may not exceed the cost of providing the services.
Amounts received
(3) Subject to conditions imposed by the Treasury Board, any amounts received by the Department for services may be used by the Department for its purposes.
Committees
Committees
9. (1) The Minister may establish advisory and other committees and provide for their membership, duties, functions and operation.
Remuneration
(2) Members of a committee shall be paid, in connection with their work for the committee, the remuneration that may be fixed by the Governor in Council.
Travel, living and other expenses
(3) Members of a committee are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel, living and other expenses incurred in connection with their work for the committee while absent, in the case of full-time members, from their ordinary place of work or, in the case of part-time members, from their ordinary place of residence.
General Provisions
Agreements
10. For the purpose of facilitating the formulation, coordination and implementation of any program or policy relating to the powers, duties and functions conferred by this Act, the Minister may enter into agreements with a province or a provincial public body, financial institutions and other persons or bodies that the Minister considers appropriate.
Delegation
11. The Minister may authorize the Minister of Labour, the Commission or any other person or body, or member of a class of persons or bodies, to exercise any power or perform any duty or function of the Minister.
Oaths and affidavits
12. A person or member of a class of persons employed by the Department and authorized by the Deputy Minister and any other person or member of a class of persons authorized by the Minister may, in the course of their duties, administer oaths and take and receive affidavits, declarations and affirmations for the purposes of or incidental to the performance of their duties, and every person so authorized has for those purposes all the powers of a commissioner for administering oaths or taking affidavits.
Fees for services and use of facilities
13. (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 a service or the use of a facility 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 not to exceed cost
(2) Fees that are fixed under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.
Fees for products, rights and privileges
14. 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 products, rights and privileges 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.
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.
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.
Power to make regulations
17. The Treasury Board may make regulations for the purposes of sections 13 to 15.
PART 2
MINISTER OF LABOUR
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.
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.
PART 3
CANADA EMPLOYMENT INSURANCE COMMISSION
Continuation of the Commission
Commission
20. (1) The Canada Employment Insurance Commission, consisting of four commissioners to be appointed by the Governor in Council, is continued.
Commissioners
(2) The four commissioners shall be
(a) the Deputy Minister of Human Resources and Skills Development, who shall be the Chairperson of the Commission;
(b) an Associate Deputy Minister, who shall be the Vice-Chairperson of the Commission;
(c) a person appointed after consultation with organizations representative of workers; and
(d) a person appointed 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.
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 public service of Canada 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.
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.
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.
Powers, Duties and Functions of the Commission
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.
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.
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.
Organization and Operation of the Commission
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 of commissioners
(2) Each commissioner 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.
Staff
28. (1) The officers and employees necessary for the proper conduct of the business of the Commission shall be employees of the Department.
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.
Audit
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 Account established by section 71 of the Employment Insurance Act, and a report of that audit shall be made to the Minister.
PART 4
PROTECTION OF PERSONAL INFORMATION
Definitions
30. (1) The following definitions apply in this Part.
“administration”« mise en oeuvre »
“administration”, in respect of programs, includes development, operation and evaluation.
“federal institution”« institution fédérale »
“federal institution” means a department or any other body referred to in a schedule to the Financial Administration Act.
“information”« renseignements »
“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”.
“program”« programme »
“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.
“public officer”« fonctionnaire public »
“public officer” means an officer or employee of a federal institution, a prescribed individual or a member of a prescribed class of individuals.
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.
Exclusion
(3) This Part does not apply to the making available of information referred to in subsection 139(5) of the Employment Insurance Act.
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.
Protection of information
32. Information is privileged and shall not be made available except as authorized by this Part.
Availability of information on request of an individual
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 on their request in writing to the Minister.
Availability of information to 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, information may be made available to an individual or their representative, or to a member of Parliament inquiring on behalf of an individual, 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, or is relevant to any other matter that affects the individual under a program.
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.
Availability of information to Department of Social Development
35. (1) Information may be made available to the Minister of Social Development, or any public officer of the Department of Social Development, for the administration or enforcement of the Canada Pension Plan, the Old Age Security Act or a program as defined in section 24 of the Department of Social Development Act.
Availability of information to other federal institutions
(2) Information may be made available to a minister or a public officer of a prescribed federal institution, other than the Department of Social Development, 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 agreed upon by the Minister and the federal institution.
Secondary release of information
(3) Information obtained under subsection (2) 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 federal institution.
Availability of information to 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 a provincial law if the Minister considers it advisable and the information is made available subject to conditions agreed upon 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.
Public interest
37. (1) Despite sections 33 to 36, 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 notify the Privacy Commissioner appointed under section 53 of the Privacy Act in writing of any disclosure of information under subsection (1) prior to the disclosure where reasonably practicable or in any other case without delay after the disclosure. The Privacy Commissioner may, if he or she deems it appropriate, notify the individual to whom the information relates of the disclosure.
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 subsection 35(2) or (3) or section 36, 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.
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 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.
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.
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.
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 a condition or agreement referred to in subsection 33(2) or section 35, 36 or 38.
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.
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); and
(b) federal institutions to which the information referred to in subsection 35(2) may be made available, and the federal or provincial laws or activities for whose administration or enforcement the information may be made available.
PART 5
CANADA EDUCATION SAVINGS GRANTS
Interpretation
Definitions
44. (1) The following definitions apply in this Part.
“CES grant”« subvention pour l’épargne-études »
“CES grant” means a grant payable or paid under subsection 46(1).
“prescribed”Version anglaise seulement
“prescribed” means prescribed by regulations of the Governor in Council.
Income Tax Act expressions
(2) Unless the contrary intention appears,
(a) an expression in this Part that is defined for the purposes of section 146.1 of the Income Tax Act has the same meaning in this Part as it has for the purposes of that section; and
(b) all other expressions in this Part have the same meanings as in the Income Tax Act.
Purpose of Part
Purpose
45. The purpose of this Part is to provide, through financial assistance, an incentive to individuals to finance the post-secondary education of children from an early age by means of savings in registered education savings plans.
Payments
Authority to pay CES grants
46. (1) Subject to this Part and the regulations, on application to the Minister in a form and manner approved by the Minister, the Minister may, on any terms and conditions that the Minister may specify by agreement between the Minister and the trustee of a trust governed by a registered education savings plan, pay a grant to the trustee for the benefit of the trust in respect of contributions made to the plan in 1998 or a subsequent year by subscribers under the plan in respect of a beneficiary under the plan, other than a beneficiary who was 17 years of age or older at the end of the preceding year, of an amount not exceeding the lesser of
(a) 20% of the contributions made in the year, and
(b) the amount of
(i) if the year is 1998, $400, and
(ii) in any other case, $800.
Where no grant payable
(2) No CES grant may be paid in respect of a contribution in respect of a beneficiary under a registered education savings plan unless
(a) the beneficiary’s Social Insurance Number is provided to the Minister; and
(b) the beneficiary is resident in Canada at the time the contribution is made.
Interest
(3) The Minister may in prescribed circumstances pay interest, determined in accordance with prescribed rules, in respect of a CES grant.
General
Recovery of payments and interest
47. An amount required to be repaid to the Minister under this Part or under an agreement entered into under this Part and any interest due in respect of the amount constitute a debt due to Her Majesty in right of Canada and is recoverable as such in the Federal Court or any other court of competent jurisdiction.
Regulations
48. The Governor in Council may make regulations for carrying out the purpose and provisions of this Part and, without limiting the generality of the foregoing, may make regulations
(a) prescribing any matter or thing that by this Part is to be or may be prescribed;
(b) establishing conditions that must be met by a registered education savings plan and by persons in respect of the plan before a CES grant may be paid in respect of the plan;
(c) establishing the manner of determining the amount of a CES grant that may be paid in respect of contributions to registered education savings plans;
(d) specifying terms and conditions to be included in agreements entered into between a trustee under a registered education savings plan and the Minister relating to the terms and conditions applicable to the payment of a CES grant and specifying, for inclusion in the agreements, in addition to any other conditions that the Minister deems appropriate, the obligations of a trustee under an agreement;
(e) specifying circumstances under which all or part of any amount paid under this Part is to be repaid to the Minister; and
(f) establishing, for the purpose of determining an amount required to be repaid under this Part in respect of CES grants, the manner of determining the portion, if any, of an educational assistance payment made under a registered education savings plan that is attributable to CES grants.
PART 6
TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND RELATED AMENDMENTS, COORDINATING AMENDMENTS, REPEAL AND COMING INTO FORCE
Transitional Provisions
Minister, Deputy Minister and Associate Deputy Minister
49. (1) Any person who holds, immediately before the day on which this section comes into force, the office of Minister of State to be styled Minister of Human Resources and Skills Development, Deputy Minister of Human Resources and Skills Development or Associate Deputy Minister of Human Resources and Skills Development, is deemed to have been appointed under this Act as Minister of Human Resources and Skills Development, Deputy Minister of Human Resources and Skills Development or Associate Deputy Minister of Human Resources and Skills Development, respectively, on that day.
Minister of Labour
(2) Any person who holds, immediately before the day on which this section comes into force, the office of Minister of Labour is deemed to have been appointed under this Act as Minister of Labour on that day.
Employees
(3) Nothing in this Act shall be construed as affecting the status of an employee who occupied, immediately before the day on which this section comes into force, a position in the portion of the public service of Canada known as the Department of Human Resources and Skills Development, except that the employee on that day shall occupy that position in the Department of Human Resources and Skills Development.
Canada Employment Insurance Commission — Chairperson
50. (1) The person acting as Chairperson of the Canada Employment Insurance Commission under subsection 25(3) of the Department of Human Resources Development Act immediately before the day on which this section comes into force shall become Chairperson of the Commission on that day.
Vice-Chairperson
(2) The person acting as Vice-Chairperson of the Canada Employment Insurance Commission under subsection 25(4) of the Department of Human Resources Development Act immediately before the day on which this section comes into force shall become Vice-Chairperson of the Commission on that day.
Other commissioners
(3) The commissioners of the Canada Employment Insurance Commission who were appointed after consultations with worker and employer organizations and who held office immediately before the day on which this section comes into force shall continue in office for the remainder of the terms for which they were appointed.
Transfer of powers, duties and functions
51. Any power, duty or function that, immediately before the day on which this section comes into force, was vested in or exercisable by the Minister of State to be styled Minister of Human Resources and Skills Development, the Deputy Minister, an Associate Deputy Minister or an employee of the portion of the public service of Canada known as the Department of Human Resources and Skills Development, under any Act, order, rule or regulation, or any contract, lease, licence or other document, is, on that day, vested in and exercisable by the Minister of Human Resources and Skills Development, Deputy Minister, Associate Deputy Minister or employee of the Department of Human Resources and Skills Development, as the case may be, unless the Governor in Council by order designates another Minister, Deputy Minister, Associate Deputy Minister or employee of the public service of Canada to exercise that power or perform that duty or function.
Transfer of appropriations
52. Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada within the portion of the public service of Canada known as the Department of Human Resources and Skills Development and that, on the day on which this section comes into force, is unexpended, is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Department of Human Resources and Skills Development.
No Minister of Labour
53. (1) If no Minister of Labour is appointed pursuant to subsection 18(1), wherever, in any contract, lease, licence or other document, a power, duty or function is vested in or may be exercised or performed by the Minister of Labour in relation to any matter to which the powers, duties and functions of the Minister of Human Resources and Skills Development extend by virtue of this Act, the power, duty or function is vested in or may be exercised or performed by the Minister of Human Resources and Skills Development, unless the Governor in Council by order designates another minister to exercise that power or perform that duty or function.
No Deputy Minister of Labour
(2) If no Deputy Minister of Labour is designated under subsection 4(3), wherever, under any Act of Parliament, any instrument made under an Act of Parliament or any contract, lease, licence or other document, a power, duty or function is vested in or may be exercised or performed by the Deputy Minister of Labour in relation to any matter to which the powers, duties and functions of the Minister of Human Resources and Skills Development extend by virtue of this Act, the power, duty or function is vested in or may be exercised or performed by the Deputy Minister of Human Resources and Skills Development, unless the Governor in Council by order designates another deputy minister to exercise that power or perform that duty or function.
Student financial assistance
54. The repeal of paragraph 15(k) of the Canada Student Financial Assistance Act and section 41 of the Canada Student Financial Assistance Regulations does not affect the validity of the collection, use and disclosure of information, or the authorization of a borrower, made under those provisions.
Assistance for long-service employees
55. The repeal of the Department of Human Resources Development Act does not affect the authority of the Minister to make periodic income assistance payments pursuant to an agreement made under section 33 of that Act prior to the coming into force of this section.
Repeal of sections 127 and 128 of the Employment Insurance Act
56. The repeal of sections 127 and 128 of the Employment Insurance Act does not affect the validity of a disclosure of information, or an agreement for the purpose of making information available, made under those sections by the Minister of Human Resources Development or the Minister of State to be styled Minister of Human Resources and Skills Development.
Canada education savings grant
57. The repeal of the Department of Human Resources Development Act does not affect the validity of an agreement made under section 33.5 of that Act by the Minister of Human Resources Development or the Minister of State to be styled Minister of Human Resources and Skills Development.
Consequential and Related Amendments
R.S., c. A-1
Access to Information Act
1996, c. 11, s. 44
58. Schedule I to the Access to Information Act is amended by striking out the following under the heading “Departments and Ministries of State”:
Department of Human Resources Development
Ministère du Développement des ressources humaines
59. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Departments and Ministries of State”:
Department of Human Resources and Skills Development
Ministère des Ressources humaines et du Développement des compétences
SOR/2003-423
60. Schedule I to the Act is amended by striking out the following under the heading “Other Government Institutions”:
Department of Human Resources and Skills Development
Ministère des Ressources humaines et du Développement des compétences
1998, c. 21, s. 73
61. Schedule II to the Access to Information Act is amended by striking out the reference to
Department of Human Resources Development Act
Loi sur le ministère du Développement des ressources humaines
and the corresponding reference to “section 33.5”.
R.S., c. L-2
Canada Labour Code
62. Section 144 of the Canada Labour Code is amended by adding the following after subsection (5):
Personal information
(5.1) If the results referred to in subsection (5) contain information within the meaning of Part 4 of the Department of Human Resources and Skills Development Act, the disclosure of that information is governed by Part 4 of that Act.
1994, c. 28
Canada Student Financial Assistance Act
63. Paragraph 15(k) of the Canada Student Financial Assistance Act is repealed.
1996, c. 23
Employment Insurance Act
1996, c. 23, par. 189(e)
64. Sections 127 and 128 of the Employment Insurance Act are repealed.
R.S., c. F-11
Financial Administration Act
1996, c. 11, s. 55
65. Schedule I to the Financial Administration Act is amended by striking out the following:
Department of Human Resources Development
Ministère du Développement des ressources humaines
66. Schedule I to the Act is amended by adding the following in alphabetical order:
Department of Human Resources and Skills Development
Ministère des Ressources humaines et du Développement des compétences
SOR/2003-419, 420
67. Schedule I.1 to the Act is amended by striking out the reference to
Department of Human Resources and Skills Development
Ministère des Ressources humaines et du Développement des compétences
and the corresponding reference to “Minister of State to be styled Minister of Human Resources and Skills Development”.
R.S., c. 1 (5th Supp.)
Income Tax Act
68. Paragraph 60(x) of the Income Tax Act is replaced by the following:
Repayment under Department of Human Resources and Skills Development Act
(x) the total of all amounts each of which is an amount paid by the taxpayer in the year as a repayment, under Part 5 of the Department of Human Resources and Skills Development Act, of an amount that was included because of subsection 146.1(7) in computing the taxpayer’s income for the year or a preceding taxation year.
69. (1) The definition “contribution” in subsection 146.1(1) of the Act is replaced by the following:
“contribution”« cotisation »
“contribution”, into an education savings plan, does not include an amount paid into the plan by the Minister of Human Resources and Skills Development under Part 5 of the Department of Human Resources and Skills Development Act;
(2) Paragraph (c.1) of the definition “trust” in subsection 146.1(1) of the Act is replaced by the following:
(c.1) the repayment of amounts under Part 5 of the Department of Human Resources and Skills Development Act;
(3) Clause 146.1(2)(g.1)(ii)(B) of the Act is replaced by the following:
(B) the total of the payment and all other educational assistance payments made under a registered educational savings plan of the promoter to or for the individual in the 12-month period that ends at that time does not exceed $5,000 or any greater amount that the Minister of Human Resources and Skills Development approves in writing with respect to the individual;
(4) Paragraph 146.1(12.1)(e) of the Act is replaced by the following:
(e) a day on which a person fails to comply with a condition or an obligation, imposed under Part 5 of the Department of Human Resources and Skills Development Act that applies with respect to a registered education savings plan,
(5) Section 146.1 of the Act is amended by adding the following after subsection (13.1):
Former Act
(14) A reference
(a) in this section, in paragraph 60(x) or in subparagraph 241(4)(d)(vii.1) to Part 5 of the Department of Human Resources and Skills Development Act, to an amount paid, to the payment of an amount or to the repayment of an amount, or to a condition or an obligation imposed, under that Part includes a reference to Part III.1 of the Department of Human Resources Development Act, or to an amount paid, to the payment of an amount or to the repayment of an amount, or to a condition or an obligation imposed, as the case may be, under that Part as it read at the time the reference is relevant; and
(b) in clause (2)(g.1)(ii)(B) to an amount that the Minister of Human Resources and Skills Development approves in writing with respect to an individual includes a reference to an amount that the Minister of Human Resources Development or the Minister of State to be styled Minister of Human Resources and Skills Development has approved in writing with respect to the individual.
70. The portion of subsection 237(1) of the Act after paragraph (b) is replaced by the following:
apply to the Canada Employment Insurance Commission in prescribed form and manner for the assignment to the individual of a Social Insurance Number unless the individual has previously been assigned, or made application to be assigned, a Social Insurance Number.
71. (1) Subparagraph 241(4)(d)(vii.1) of the Act is replaced by the following:
(vii.1) to an official of the Department of Human Resources and Skills Development or to a prescribed official solely for the purpose of the administration or enforcement of Part 5 of the Department of Human Resources and Skills Development Act,
(2) Subparagraph 241(4)(d)(x) of the Act is replaced by the following:
(x) to an official of the Canada Employment Insurance Commission, the Department of Human Resources and Skills Development or the Department of Social Development, solely for the purpose of the administration or enforcement of the Employment Insurance Act, an employment program of the Government of Canada or the evaluation or formation of policy for that Act or program,
R.S., c. P-21
Privacy Act
1996, c. 11, s. 78
72. The schedule to the Privacy Act is amended by striking out the following under the heading “Departments and Ministries of State”:
Department of Human Resources Development
Ministère du Développement des ressources humaines
73. The schedule to the Act is amended by adding the following in alphabetical order under the heading “Departments and Ministries of State”:
Department of Human Resources and Skills Development
Ministère des Ressources humaines et du Développement des compétences
74. The schedule to the Act is amended by striking out the following under the heading “Other Government Institutions”:
Department of Human Resources and Skills Development
Ministère des Ressources humaines et du Développement des compétences
1991, c. 30
Public Sector Compensation Act
1996, c. 11, s. 82
75. Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “Departments”:
Department of Human Resources Development
Ministère du Développement des ressources humaines
76. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Departments”:
Department of Human Resources and Skills Development
Ministère des Ressources humaines et du Développement des compétences
R.S., c. S-3
Salaries Act
2001, c. 20, s. 29
77. Paragraph 4(2)(z.2) of the Salaries Act is replaced by the following:
(z.2) the Minister of Human Resources and Skills Development.
SOR/95-329
Canada Student Financial Assistance Regulations
SOR/2000-290, s. 23; SOR/2004–120, s. 8
78. Section 41 of the Canada Student Financial Assistance Regulations and the heading before it are repealed.
Changes in Terminology
Replacement of “Department of Human Resources Development”
79. The expression “Department of Human Resources Development” is replaced by the expression “Department of Human Resources and Skills Development” wherever it occurs in the following provisions:
(a) in the Canada Labour Code,
(i) subsection 70.1(1), and
(ii) the definition “regional director” in section 166;
(b) subsection 28(1) of the Canadian Human Rights Act;
(c) paragraph 107(5)(i) of the Customs Act;
(d) paragraph 46(2)(c) of the Hazardous Materials Information Review Act; and
(e) in the Labour Adjustment Benefits Act,
(i) subsection 28(2), and
(ii) subsection 28(5).
Replacement of “Minister of Human Resources Development”
80. The expression “Minister of Human Resources Development” is replaced by the expression “Minister of Human Resources and Skills Development” wherever it occurs in the following provisions:
(a) in the Budget Implementation Act, 1998,
(i) the definition “Ministers” in subsection 2(1), and
(ii) subsection 38(2);
(b) subsection 212(2) of the Canada Labour Code;
(c) the definition “Minister” in subsection 2(1) of the Canada Student Loans Act;
(d) the definition “Minister” in subsection 2(1) of the Employment Insurance Act;
(e) section 3 of the Government Annuities Act;
(f) in the Income Tax Act,
(i) subparagraph 118.5(1)(a)(ii), and
(ii) subparagraph (a)(ii) of the definition “designated educational institution” in subsection 118.6(1);
(g) the definition “Minister” in subsection 2(1) of the Labour Adjustment Benefits Act; and
(h) in the Unemployment Assistance Act,
(i) the definition “Minister” in section 2, and
(ii) section 6.
Replacement of “Department of Human Resources Development Act”
81. The expression “Department of Human Resources Development Act” is replaced by the expression “Department of Human Resources and Skills Development Act” wherever it occurs in the following provisions of the Income Tax Act:
(a) subparagraph 110(1)(g)(i); and
(b) the definition “qualifying educational program” in subsection 118.6(1).
Coordinating amendments
2003, c. 22
82. (1) On the later of the coming into force of section 224 of the Public Service Modernization Act (the “other Act”), chapter 22 of the Statutes of Canada, 2003, and the coming into force of section 1 of this Act, the expression “public service of Canada” is replaced by the expression “federal public administration” wherever it occurs in the following provisions of the English version of this Act:
(a) subsection 49(2); and
(b) sections 51 and 52.
(2) On the later of the coming into force of section 224 of the other Act and section 21 of this Act, paragraph 21(1)(d) of the English version of this Act is replaced by the following:
(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
Bill C-5
83. (1) If Bill C-5, introduced in the 1st session of the 38th Parliament and entitled the Canada Education Savings Act (the “other Act”), receives royal assent, then the provisions mentioned in subsections (2) to (13) are amended as provided in those subsections.
(2) On the coming into force of Part 4 of this Act, section 11 of the other Act is repealed.
(3) If section 15 of the other Act comes into force before or on the same day as section 61 of this Act, section 61 of this Act is repealed.
(4) If section 61 of this Act comes into force before section 15 of the other Act, section 15 of the other Act is repealed.
(5) If section 16 of the other Act comes into force before or on the same day as Part 4 of this Act, then, on the coming into force of Part 4 of this Act, Schedule II to the Access to Information Act is amended by striking out the reference to
Canada Education Savings Act
Loi canadienne sur l’épargne-études
and the corresponding reference to “section 11”.
(6) If Part 4 of this Act comes into force before section 16 of the other Act, section 16 of the other Act is repealed.
(7) If section 84 of this Act comes into force before or on the same day as section 19 of the other Act, section 19 of the other Act is repealed.
(8) If section 5 of the other Act comes into force before or on the same day as Part 5 of this Act, Part 5 of this Act is repealed.
(9) If Part 5 of this Act comes into force before section 5 of the other Act, Part 5 of this Act is repealed on the day on which section 5 of the other Act comes into force.
(10) If Part 5 of this Act comes into force before section 14 of the other Act, section 14 of the other Act is replaced by the following:
Agreements
14. Every agreement entered into under Part III.1 of the Department of Human Resources Development Act or Part 5 of the Department of Human Resources and Skills Development Act that is in force immediately before the coming into force of section 5 of this Act is deemed to be an agreement entered into under that section and continues in force until it terminates.
(11) If the other Act receives royal assent before or on the same day as this Act receives royal assent, sections 68 and 69 and subsection 71(1) of this Act are repealed. However, if section 1 of the other Act is not in force on the day on which Part 5 of this Act comes into force, paragraph 146.1(14)(a) of the Income Tax Act is replaced by the following:
(a) in this section, in paragraph 60(x) or in subparagraph 241(4)(d)(vii.1) to the Canada Education Savings Act, to an amount paid, to the payment of an amount or to the repayment of an amount, or to a condition or an obligation imposed, under that Act includes a reference to Part III.1 of the Department of Human Resources Development Act or to Part 5 of the Department of Human Resources and Skills Development Act, or to an amount paid, to the payment of an amount or to the repayment of an amount, or to a condition or an obligation imposed, as the case may be, under either of those Parts as it read at the time the reference is relevant; and
(12) If Part 5 of this Act comes into force before the other Act receives royal assent, then, on the day on which the other Act receives royal assent, subsection 146.1(14) of the Income Tax Act is replaced by the following:
Former Act
(14) A reference
(a) in this section, in paragraph 60(x) or in subparagraph 241(4)(d)(vii.1) to the Canada Education Savings Act, to an amount paid, to the payment of an amount or to the repayment of an amount, or to a condition or an obligation imposed, under that Act includes a reference to Part III.1 of the Department of Human Resources Development Act or to Part 5 of the Department of Human Resources and Skills Development Act, or to an amount paid, to the payment of an amount or to the repayment of an amount, or to a condition or an obligation imposed, as the case may be, under either of those Parts as it read at the time the reference is relevant; and
(b) in clause (2)(g.1)(ii)(B) to an amount that the Minister designated for the purpose of the Canada Education Savings Act approves in writing with respect to an individual includes a reference to an amount that the Minister of Human Resources Development, the Minister of State to be styled Minister of Human Resources and Skills Development or the Minister of Human Resources and Skills Development has approved in writing with respect to the individual.
(13) If Part 5 of this Act comes into force before subsection 2(1) of the other Act, the definition “CES grant” in that subsection is replaced by the following:
“CES grant”« subvention pour l’épargne-études »
“CES grant” means a Canada Education Savings grant payable or paid under section 5 or under Part 5 of the Department of Human Resources and Skills Development Act or Part III.1 of the Department of Human Resources Development Act as it read immediately before its repeal.
Repeal
Repeal
84. The Department of Human Resources Development Act, chapter 11 of the Statutes of Canada, 1996, is repealed.
Coming into Force
Order in council
85. This Act, other than sections 82 and 83, comes into force on a day to be fixed by order of the Governor in Council, provided that that day is the same as that fixed under section 70 of the Department of Social Development Act.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada