Department of Employment and Social Development Act (S.C. 2005, c. 34)

Act current to 2017-05-11 and last amended on 2015-01-02. Previous Versions

Department of Employment and Social Development Act

S.C. 2005, c. 34

Assented to 2005-07-20

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

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Department of Employment and Social Development Act.

  • 2005, c. 34, s. 1;
  • 2013, c. 40, s. 205.

Interpretation

Marginal note:Definitions

 The following definitions apply in this Act.

Commission

Commission

Commission means the Canada Employment Insurance Commission continued by section 20. (Commission)

Minister

ministre

Minister means the Minister of Employment and Social Development. (ministre)

Tribunal

Tribunal

Tribunal means the Social Security Tribunal established under section 44. (Tribunal)

  • 2005, c. 34, s. 2;
  • 2012, c. 19, s. 223;
  • 2013, c. 40, s. 206.

PART 1Department of Employment and Social Development

Continuation

Marginal note:Department continued
  •  (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.

  • Marginal note:Employment and Social Development Canada

    (2) 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.

  • Marginal note:Minister

    (3) The Minister holds office during pleasure and has the management and direction of the Department.

  • 2005, c. 34, s. 3;
  • 2013, c. 40, s. 208.
Marginal note:Deputy Minister
  •  (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.

  • Marginal note:Associate Deputy Ministers

    (2) 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.

  • Marginal note:Deputy Minister of Labour

    (3) 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.

  • 2005, c. 34, s. 4;
  • 2013, c. 40, s. 209.

Powers, Duties and Functions of the Minister

Marginal note:Powers, duties and functions
  •  (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.

  • Marginal note:Exercise of powers

    (2) The Minister shall exercise the powers and perform the duties and functions

    • (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

    • (b) relating to social development with a view to promoting social well-being and income security.

  • 2005, c. 34, s. 5;
  • 2012, c. 19, s. 687.
Marginal note:Powers

 In exercising the powers and performing the duties and 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 or to social development; and

  • (b) cooperate with provincial authorities with a view to coordinating efforts for human resources and skills development or for social development.

  • 2005, c. 34, s. 6;
  • 2012, c. 19, s. 687.
Marginal note:Programs

 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, or that contribute to the social development of Canada, and the Minister may make grants and contributions in support of the programs.

  • 2005, c. 34, s. 7;
  • 2012, c. 19, s. 687.

 [Repealed, 2012, c. 19, s. 687]

Committees

Marginal note:Committees
  •  (1) The Minister may establish advisory and other committees and provide for their membership, duties, functions and operation.

  • Marginal note: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.

  • Marginal note: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

Marginal note:Agreements

 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.

Marginal note:Delegation

 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.

Marginal note:Oaths 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.

Marginal note:Fees for services and use of facilities
  •  (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.

  • Marginal note: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.

Marginal note:Fees 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.

Marginal note:Fees for regulatory processes and approvals
  •  (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.

  • Marginal note: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.

 
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