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

Act current to 2017-04-12 and last amended on 2015-01-02. Previous Versions

Marginal note:Publication
  •  (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.

  • Marginal note: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.

Marginal note:Power to make regulations

 The Treasury Board may make regulations for the purposes of sections 13 to 15.

PART 2Minister of Labour

Marginal note:Minister of Labour
  •  (1) A Minister of Labour may be appointed by commission under the Great Seal to hold office during pleasure.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note:Programs

 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.

Marginal note:Crediting to Labour Cooperation Treaties Account
  •  (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.

  • Marginal note:Additional credits to Account

    (2) If an amount is assessed against Canada by a panel determination under a treaty, or chapter of a treaty, respecting labour cooperation referred to in the schedule, an amount equal to that amount shall be credited to the Account if the Account has been designated for the purposes of the treaty in accordance with its provisions.

  • Marginal note:Interest

    (3) On April 1 of every year there shall be credited to the Account an amount representing interest, at the rate fixed for the purposes of subsection 21(2) of the Financial Administration Act, on the balance to the credit of the Account.

  • Marginal note:Payment of moneys

    (4) One or more amounts not exceeding in total the amount standing in the Account in relation to a treaty, including interest, may, on the requisition of the Minister of Labour, be paid out of the Consolidated Revenue Fund in accordance with the provisions of the treaty. The amount of all such payments is to be charged to the Account.

  • 2009, c. 16, s. 50;
  • 2014, c. 14, ss. 49, 51, c. 28, s. 57.

PART 3Canada Employment Insurance Commission

Continuation of the Commission

Marginal note:Commission
  •  (1) The Canada Employment Insurance Commission is continued. It consists of four commissioners.

  • Marginal note:Commissioners

    (2) The four commissioners shall be

    • (a) the Deputy Minister of Employment and Social Development, who shall be the Chairperson of the Commission;

    • (b) an Associate Deputy Minister of Employment and Social Development, who shall be the Vice-Chairperson of the Commission;

    • (c) a person appointed by the Governor in Council after consultation with organizations representative of workers; and

    • (d) a person appointed by the Governor in Council after consultation with organizations representative of employers.

  • Marginal note:Employment Insurance Canada

    (3) The expressions “Employment Insurance Canada” and “Assurance-emploi Canada” in any document issued or executed in relation to the matters set out in section 24 are deemed to be references to the “Canada Employment Insurance Commission” and the “Commission de l’assurance-emploi du Canada”, respectively.

  • 2005, c. 34, s. 20;
  • 2010, c. 12, s. 1723;
  • 2013, c. 40, s. 210.
Marginal note:Tenure, remuneration and conditions of office
  •  (1) Commissioners, other than the Chairperson and Vice-Chairperson,

    • (a) shall be appointed by the Governor in Council to hold office during good behaviour for a term not exceeding five years but may be removed by the Governor in Council at any time for cause;

    • (b) are eligible for reappointment on the expiration of each term of office;

    • (c) shall receive the remuneration that is fixed by the Governor in Council;

    • (d) are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made pursuant to section 9 of the Aeronautics Act; and

    • (e) shall devote the whole of their time to the performance of the duties and functions of the office of commissioner and shall not accept or hold any office or employment or carry on any activity inconsistent with their duties and functions.

  • Marginal note:Tenure, remuneration and conditions of office — acting

    (2) In the event of the absence or incapacity of a commissioner other than the Chairperson or Vice-Chairperson or if the office is vacant, the Governor in Council may designate a person to act as a commissioner for the period of the absence, incapacity or vacancy and the person so designated has and may exercise all the powers and perform all the duties and functions of a commissioner, unless the Governor in Council specifies otherwise.

  • 2005, c. 34, ss. 21, 82(E).
Marginal note:Chairperson
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note:Voting

 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

Marginal note:Powers, duties and functions of the Commission
  •  (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.

  • Marginal note: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).

  • Marginal note: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.

 
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