Department of Human Resources and Skills Development Act (S.C. 2005, c. 34)

Assented to 2005-07-20

Purpose of Part

Marginal note:Purpose

 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

Marginal note:Authority to pay CES grants
  •  (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.

  • Marginal note: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.

  • Marginal note:Interest

    (3) The Minister may in prescribed circumstances pay interest, determined in accordance with prescribed rules, in respect of a CES grant.

General

Marginal note:Recovery of payments and interest

 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.

Marginal note:Regulations

 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 6TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND RELATED AMENDMENTS, COORDINATING AMENDMENTS, REPEAL AND COMING INTO FORCE

Transitional Provisions

Marginal note:Minister, Deputy Minister and Associate Deputy Minister
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note:Canada Employment Insurance Commission — Chairperson
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note:Transfer of powers, duties and functions

 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.

Marginal note:Transfer of appropriations

 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.

Marginal note:No Minister of Labour
  •  (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.

  • Marginal note: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.

Marginal note:Student financial assistance

 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.

Marginal note:Assistance for long-service employees

 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.

Marginal note:Repeal of sections 127 and 128 of the Employment Insurance Act

 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.

Marginal note:Canada education savings grant

 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-1Access to Information Act

Marginal note:1996, c. 11, s. 44

 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

 
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