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

Act current to 2017-11-06 and last amended on 2017-08-01. Previous Versions

Marginal note:Rules
  •  (1) The Commission may make rules respecting the calling of meetings of the Commission and generally respecting the conduct of its business.

  • Marginal note:Minutes of meetings

    (2) Minutes shall be recorded of all formal meetings of the Commission.

Marginal note:Agent of Her Majesty
  •  (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.

  • Marginal note: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

Marginal note:Head office
  •  (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.

  • Marginal note:Residence

    (2) 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.

  • 2005, c. 34, s. 27;
  • 2011, c. 24, s. 189.
Marginal note:Staff
  •  (1) The officers and employees necessary for the proper conduct of the business of the Commission shall be employees of the Department.

  • (1.1) [Repealed, 2008, c. 28, s. 132]

  • Marginal note:Agents

    (2) The Commission may enter into contracts with agents in or for locations where the Commission considers it desirable to do so.

  • Marginal note: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.

  • Marginal note:Actuary — Employment Insurance Act

    (4) 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.

  • 2005, c. 30, s. 129, c. 34, s. 28;
  • 2008, c. 28, s. 132;
  • 2012, c. 31, s. 441.

Social Insurance Number

Marginal note:Registration
  •  (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.

  • Marginal note:Register

    (2) 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.

  • Marginal note:Social Insurance Number

    (3) 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.

  • Marginal note:Social Insurance Number card

    (4) The Commission may issue to each person registered with it a card containing the person’s name and Social Insurance Number.

  • 2005, c. 30, s. 129;
  • 2008, c. 28, s. 133;
  • 2012, c. 19, s. 304.
Marginal note:Social Insurance Register
  •  (1) The Commission may maintain a Social Insurance Register containing

    • (a) the names of persons registered in the registry referred to in section 28.1;

    • (b) the names of persons to whom a Social Insurance Number has been assigned under the Canada Pension Plan; and

    • (c) the names of persons for whom an application has been made to the Commission for a Social Insurance Number.

  • Marginal note:Additional information

    (2) 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.

  • Marginal note:Issuing number and card

    (3) 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.

  • Marginal note:Regulations

    (4) The Commission may, with the approval of the Governor in Council, make regulations respecting

    • (a) the registration of persons under this section and section 28.1, including applications for that registration;

    • (b) the assignment and use of Social Insurance Numbers;

    • (c) the issuance, custody, production and use of Social Insurance Number cards;

    • (d) periods of validity, and the extension of those periods, of Social Insurance Numbers and Social Insurance Number cards; and

    • (e) the replacement of Social Insurance Number cards that have been lost, destroyed or defaced.

  • Marginal note:Availability of information — social insurance registers

    (5) 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.

  • Marginal note:Secondary release of information

    (6) 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.

  • Marginal note:Agreements still in force

    (7) 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.

  • Marginal note:New Social Insurance Number

    (8) 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

    • (a) the number first assigned has been assigned to another person;

    • (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

    • (c) there are other special or unusual circumstances that would make the issuance of a new number desirable.

  • Marginal note:Voiding

    (9) When a new Social Insurance Number is assigned to a person, any number previously assigned to that person becomes void.

  • Marginal note:More than one number assigned

    (10) 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.

  • 2012, c. 19, s. 304.
Marginal note:Change 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.

  • 2012, c. 19, s. 304.
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