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

Act current to 2018-07-05 and last amended on 2018-06-21. Previous Versions

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.
Marginal note:Prohibitions
  •  (1) No person

    • (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;

    • (b) shall, with intent to defraud or deceive any person, present, loan or use a Social Insurance Number or Social Insurance Number card;

    • (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

    • (d) shall, without the authority of the Commission, sell a Social Insurance Number, a Social Insurance Number card or a substantially similar card.

  • Marginal note:Offence and punishment

    (2) 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.

  • 2012, c. 19, s. 304.
Marginal note:Designation of investigators
  •  (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.

  • Marginal note:Territorial jurisdiction

    (2) 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.

  • Marginal note:Limitation period

    (3) 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.

  • 2018, c. 12, s. 275.

Audit

Marginal note:Audit 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.

  • 2005, c. 34, s. 29;
  • 2010, c. 12, s. 2201.

PART 4Protection of Personal Information

Marginal note:Definitions
  •  (1) The following definitions apply in this Part.

    administration

    administration, in respect of programs, includes development, operation and evaluation. (mise en oeuvre)

    federal institution

    federal institution means a department or any other body referred to in a schedule to the Financial Administration Act. (institution fédérale)

    information

    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)

    program

    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)

    public officer

    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)

    service delivery program

    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)

  • Marginal note:Interpretation

    (2) 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.

  • (3) [Repealed, 2012, c. 19, s. 282]

  • 2005, c. 34, s. 30;
  • 2012, c. 19, s. 282;
  • 2018, c. 12, s. 276.
 
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