Department of Employment and Social Development Act

An Act respecting the Department of Employment and Social Development and to amend and repeal certain related Acts

Canada (Federal)· H-5.7· 650 sections· current to 2026-04-01In force

See how this Act changed View amendment graph Official consolidated text

Policy areas

Labour & Employment Social Services & Income Support Democratic Institutions & Elections

Bills that amended this Act0

No published amendment links yet for this Act.

Sections1,057

1Short title
This Act may be cited as the Department of Employment and Social Development Act.
2Definitions
The following definitions apply in this Act.
2[p2]
Board of Appeal means the Employment Insurance Board of Appeal established under section 43.01. (Conseil d’appel)
2[p3]
Commission means the Canada Employment Insurance Commission continued by section 20. (Commission)
2[p4]
Minister means the Minister of Employment and Social Development. (ministre)
2[p4](a)
2[p5]
partner entity means
2[p4](b)
2[p5](a)
a department or any other body, other than a parent Crown corporation, referred to in a schedule to the Financial Administration Act;
2[p4](c)
2[p5](b)
a parent Crown corporation and any wholly-owned subsidiary, as those terms are defined in section 83 of the Financial Administration Act;
2[p4](d)
2[p5](c)
the government of a province, a public body created under the law of a province, or a municipality;
2[p4](e)
2[p5](d)
a council, government or other entity authorized to act on behalf of either a band, as defined in subsection 2(1) of the Indian Act, or a First Nation, Aboriginal people or Aboriginal organization that is a party to a land claim agreement or any other treaty, self-government agreement or settlement agreement; and
2[p10]
2[p5](e)
a non-profit corporation or public body performing a function for an entity referred to in any of paragraphs (a) to (d). (entité partenaire)
2[p11]
Tribunal means the Social Security Tribunal established under section 44. (Tribunal)
3Department continued
3(1)
The Department of Human Resources and Skills Development is continued under the name of the Department of Employment and Social Development over which the Minister of Employment and Social Development, appointed by commission under the Great Seal, shall preside.
3(2)Employment and Social Development Canada
The expressions “Employment and Social Development Canada” and “Emploi et Développement social 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 Employment and Social Development” and the “ministère de l’Emploi et du Développement social”, respectively.
3(3)Minister
The Minister holds office during pleasure and has the management and direction of the Department.
4Deputy Minister
4(1)
The Governor in Council may appoint an officer called the Deputy Minister of Employment and Social Development to hold office during pleasure and to be the deputy head of the Department.
4(2)Associate Deputy Ministers
The Governor in Council may appoint one or more Associate Deputy Ministers of Employment and Social 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 Employment and Social Development, the powers and perform the duties and functions as deputies of the Minister and otherwise that the Minister may specify.
4(3)Deputy Minister of Labour
The Governor in Council may designate the Deputy Minister of Employment and Social Development or one of the Associate Deputy Ministers to be Deputy Minister of Labour.
5Powers, duties and functions
5(1)
The Minister’s powers, duties and functions extend to and include all matters relating to human resources and skills development in Canada or the social development of 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.
5(2)Exercise of powers
The Minister shall exercise the powers and perform the duties and functions
5(2)(a)
relating to human resources and skills development 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; and
5(2)(b)
relating to social development with a view to promoting social well-being and income security.
5.1Service delivery to public
5.1(1)
The Minister may provide support for service delivery to the public and, in so doing, he or she may
5.1(1)(a)
provide the following services and facilities to any partner entity and perform activities related to those services and facilities:
5.1(1)(a)(i)
services and facilities in support of its delivery of its programs and services, and
5.1(1)(a)(ii)
any other service or facility that is authorized by the Governor in Council;
5.1(1)(b)
provide the following services to any department or body listed in Schedule I, I.1 or II to the Financial Administration Act and to any other partner entity authorized by the Governor in Council and perform activities related to those services:
5.1(1)(b)(i)
the administration of websites that are accessible to the public,
5.1(1)(b)(ii)
the administration of social media accounts,
5.1(1)(b)(iii)
the publication of mobile applications on third-party mobile application stores and on the Government of Canada website,
5.1(1)(b)(iv)
online citizen engagement, and
5.1(1)(b)(v)
any other related electronic or digital service;
5.1(1)(c)
administer the Government of Canada website; and
5.1(1)(d)
provide information services relating to programs and services of the Government of Canada and of any other person, organization or government authorized by the Governor in Council.
5.1(2)Authorization — Governor in Council
The Minister may provide any service or facility that is described in subsection (1), other than the services described in paragraph (1)(c) or (d), and that is authorized by the Governor in Council to any other person, organization or government that the Governor in Council authorizes.
5.1(3)Exercise of powers
The Minister shall, in supporting service delivery to the public, do so with a view to better serving the needs of Canadians.
5.2Fees — services and facilities
5.2(1)
The Minister may charge for any service or facility provided under subsection 5.1(1), except the services provided under paragraph 5.1(1)(c) or (d).
5.2(2)Spending authority
The Minister may spend revenues obtained under subsection (1).
6Powers
In exercising the powers and performing the duties and functions assigned to the Minister under this or any other Act, the Minister may
6(a)
subject to the Statistics Act, collect, analyze, interpret, publish and distribute information relating to human resources and skills development, social development or service delivery to the public; and
6(b)
cooperate with provincial authorities with a view to coordinating efforts for human resources and skills development, social development, or service delivery to the public.
7Programs
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, to the social development of Canada or to service delivery to the public, and the Minister may make grants and contributions in support of the programs.
8Business numbers — Minister
The Minister 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 any Act, program or activity in respect of which the administration or enforcement is the responsibility of the Minister.
8.1Social Insurance Numbers
The Minister 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 the Minister.
9Committees
9(1)
The Minister may establish advisory and other committees and provide for their membership, duties, functions and operation.
9(2)Remuneration
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.
9(3)Travel, living and other expenses
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.
10Agreements
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.
11Delegation
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.
12Oaths and affidavits
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.
13Fees 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.
13(2)Amount not to exceed cost
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.
14Fees for products, rights and privileges
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.
15Fees 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.
15(2)Amount
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.
16Publication
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.
16(2)Reference to Scrutiny Committee
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.
17Power to make regulations
The Treasury Board may make regulations for the purposes of sections 13 to 15.
18Minister of Labour
18(1)
A Minister of Labour may be appointed by commission under the Great Seal to hold office during pleasure.
18(2)Powers, duties and functions
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.
18(3)No Minister of Labour appointed
If no Minister of Labour is appointed under subsection (1),
18(3)(a)
the Minister shall exercise the powers and perform the duties and functions of the Minister of Labour; and
18(3)(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.
18(4)Use of departmental services and facilities
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.
19Programs
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.
19.01Business numbers — Minister of Labour
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.
19.02Social Insurance Numbers — Minister of Labour
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.
19.1Crediting 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.
19.1(2)Additional credits to Account
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.
19.1(3)Interest
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.
19.1(4)Payment of moneys
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.
20Commission
20(1)
The Canada Employment Insurance Commission is continued. It consists of four commissioners.
20(2)Commissioners
The four commissioners shall be
20(2)(a)
the Deputy Minister of Employment and Social Development, who shall be the Chairperson of the Commission;
20(2)(b)
an Associate Deputy Minister of Employment and Social Development, who shall be the Vice-Chairperson of the Commission;
20(2)(c)
a person appointed by the Governor in Council after consultation with organizations representative of workers; and
20(2)(d)
a person appointed by the Governor in Council after consultation with organizations representative of employers.
20(3)Employment Insurance Canada
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.
21Tenure, remuneration and conditions of office
21(1)
Commissioners, other than the Chairperson and Vice-Chairperson,
21(1)(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;
21(1)(b)
are eligible for reappointment on the expiration of each term of office;
21(1)(c)
shall receive the remuneration that is fixed by the Governor in Council;
21(1)(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
21(1)(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.
21(2)Tenure, remuneration and conditions of office — acting
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.
22Chairperson
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.
22(2)Vice-Chairperson
The Vice-Chairperson of the Commission exercises the powers and performs the duties and functions under the Chairperson that the Chairperson may specify.
22(3)Acting Chairperson
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.
22(4)Acting Vice-Chairperson
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.
23Voting
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.
24Powers, duties and functions of the Commission
24(1)
The Commission shall exercise the powers and perform the duties and functions
24(1)(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
24(1)(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.
24(2)Agreements with other countries
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).
24(3)Directions to Commission
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.
24.1Business numbers — Commission
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.
25Rules
25(1)
The Commission may make rules respecting the calling of meetings of the Commission and generally respecting the conduct of its business.
25(2)Minutes of meetings
Minutes shall be recorded of all formal meetings of the Commission.
26Agent 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.
26(2)Contracts
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.
27Head 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.
27(2)Residence
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.
28Staff
28(1)
The officers and employees necessary for the proper conduct of the business of the Commission shall be employees of the Department.
28(1.1)Repealed
[Repealed, 2008, c. 28, s. 132]
28(2)Agents
The Commission may enter into contracts with agents in or for locations where the Commission considers it desirable to do so.
28(3)Delegation
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.
28(4)Actuary — Employment Insurance Act
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.
28.1Registration
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.
28.1(2)Register
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.
28.1(3)Social Insurance Number
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.
28.1(4)Social Insurance Number card
The Commission may issue to each person registered with it a card containing the person’s name and Social Insurance Number.
28.2Social Insurance Register
28.2(1)
The Commission may maintain a Social Insurance Register containing
28.2(1)(a)
the names of persons registered in the registry referred to in section 28.1;
28.2(1)(b)
the names of persons to whom a Social Insurance Number has been assigned under the Canada Pension Plan; and
28.2(1)(c)
the names of persons for whom an application has been made to the Commission for a Social Insurance Number.
28.2(2)Additional information
The Social Insurance Register may, subject to any regulations that the Governor in Council may make in that regard, contain any other information in addition to the names and Social Insurance Numbers of persons that is necessary to accurately identify all persons who are registered.
28.2(3)Issuing number and card
When a Social Insurance Number is assigned to a person by the Commission in the course of maintaining the registers mentioned in this section and section 28.1, the Commission may issue a Social Insurance Number card to that person and that number is the person’s Social Insurance Number for all purposes for which a Social Insurance Number is required.
28.2(4)Regulations
The Commission may, with the approval of the Governor in Council, make regulations respecting
28.2(4)(a)
the registration of persons under this section and section 28.1, including applications for that registration;
28.2(4)(b)
the assignment and use of Social Insurance Numbers;
28.2(4)(c)
the issuance, custody, production and use of Social Insurance Number cards;
28.2(4)(d)
periods of validity, and the extension of those periods, of Social Insurance Numbers and Social Insurance Number cards; and
28.2(4)(e)
the replacement of Social Insurance Number cards that have been lost, destroyed or defaced.
28.2(5)Availability of information — social insurance registers
The Commission may make available any information contained in the registers maintained under this section and section 28.1 that the Commission considers necessary for the accurate identification of persons and for the effective use by those persons of Social Insurance Numbers to any persons that the Commission thinks appropriate to accomplish that purpose.
28.2(6)Secondary release of information
Information obtained under subsection (5) shall not be made available to a person or body unless the Commission considers it advisable, the information is made available for the same purpose and it is subject to conditions agreed on by the Commission and the person who obtained the information.
28.2(7)Agreements still in force
Subsection (6) does not apply to information made available in accordance with an agreement entered into by the Commission before the coming into force of this section.
28.2(8)New Social Insurance Number
A person who has been assigned a Social Insurance Number may subsequently be assigned a new Social Insurance Number, in accordance with and subject to any regulations that the Commission may make, if
28.2(8)(a)
the number first assigned has been assigned to another person;
28.2(8)(b)
wrongful use by another person of the number first assigned has created a situation in which the person to whom the number was first assigned is or may be caused embarrassment or hardship; or
28.2(8)(c)
there are other special or unusual circumstances that would make the issuance of a new number desirable.
28.2(9)Voiding
When a new Social Insurance Number is assigned to a person, any number previously assigned to that person becomes void.
28.2(10)More than one number assigned
If a person has inadvertently been assigned more than one Social Insurance Number, the Commission shall determine which number is the official number and shall void the others.
28.3Change of name
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.
28.4Prohibitions
28.4(1)
No person
28.4(1)(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;
28.4(1)(b)
shall, with intent to defraud or deceive any person, present, loan or use a Social Insurance Number or Social Insurance Number card;
28.4(1)(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
28.4(1)(d)
shall, without the authority of the Commission, sell a Social Insurance Number, a Social Insurance Number card or a substantially similar card.
28.4(2)Offence and punishment
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.
28.5Designation 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.
28.5(2)Territorial jurisdiction
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.
28.5(3)Limitation period
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.
29Audit by Auditor General
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.
30(1)[p165]
30Definitions
30(1)[p166]
30(1)
The following definitions apply in this Part.
30(1)[p167]
30(1)[p168]
administration, in respect of programs, includes development, operation and evaluation. (mise en oeuvre)
30(1)[p169]
federal institution means a department or any other body referred to in a schedule to the Financial Administration Act. (institution fédérale)
30(1)[p170]
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)
30(1)[p171]
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)
30(1)[p172]
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)
30(1)[p173]
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)
30(2)Interpretation
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.
30(3)Repealed
[Repealed, 2012, c. 19, s. 282]
31Purpose
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.
32Protection of information
Information is privileged and shall not be made available unless
32(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
32(b)
it may be made available under any of paragraphs 33.1(a) to (c) of the Old Age Security Act.
33Availability 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.
33(2)Availability of information — individuals, representatives and members of Parliament
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
33(2)(a)
the individual;
33(2)(b)
the individual’s representative; or
33(2)(c)
a member of Parliament who is inquiring on behalf of the individual.
34Availability 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.
34(2)Availability of information within the Department
Information may be made available to the Commission or a public officer of the Department for the administration or enforcement of a program.
34.1Service 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.