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

Act current to 2017-06-19 and last amended on 2015-01-02. Previous Versions

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.

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

    mise en oeuvre

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

    federal institution

    institution fédérale

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

    information

    renseignements

    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

    programme

    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

    fonctionnaire public

    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)

  • 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.
Marginal note:Purpose

 This Part sets out the rules that apply to the protection and the making available of information that is obtained by the Minister or the Commission under a program or prepared from that information. This Part also sets out principles for the use of information for research purposes.

Marginal note:Protection of information

 Information is privileged and shall not be made available unless

  • 2005, c. 34, s. 32;
  • 2012, c. 19, s. 283.
Marginal note:Availability of information — individuals and representatives
  •  (1) In addition to an individual’s right of access under section 12 of the Privacy Act, and subject to the exemptions and exclusions provided in that Act, information may be made available to the individual or their representative on their request in writing to the Minister.

  • Marginal note:Availability of information — individuals, representatives and members of Parliament

    (2) On the conditions that the Minister considers advisable, and subject to the exemptions and exclusions provided in the Privacy Act, if the information is relevant to the making of an application or the receipt of a benefit or other assistance by the individual under a program, to a division of unadjusted pensionable earnings or an assignment of a retirement pension that affects the individual or to any other matter that affects the individual under a program, it may be made available to

    • (a) the individual;

    • (b) the individual’s representative; or

    • (c) a member of Parliament who is inquiring on behalf of the individual.

  • 2005, c. 34, s. 33;
  • 2012, c. 19, s. 283.
Marginal note:Availability of information for a program
  •  (1) Information may be made available to any person or body for the administration or enforcement of the program for which it was obtained or prepared.

  • Marginal note:Availability of information within the Department

    (2) Information may be made available to the Commission or a public officer of the Department for the administration or enforcement of a program.

Marginal note:Availability of information — federal institutions
  •  (1) Information may be made available to a minister or a public officer of a prescribed federal institution for the administration or enforcement of a prescribed federal or provincial law or activity if the Minister considers it advisable and the information is made available subject to conditions that are agreed on by the Minister and the federal institution.

  • Marginal note:Secondary release of information

    (2) Information obtained under subsection (1) shall not be made available to any other person or body unless the Minister considers it advisable, the information is made available for the same purpose and it is subject to conditions that are agreed on by the Minister and the federal institution.

  • 2005, c. 34, s. 35;
  • 2012, c. 19, s. 284.
Marginal note:Availability of information — provincial authorities
  •  (1) Information may be made available to the government of a province, or to a public body created under the law of a province, for the administration or enforcement of a federal law or activity or of a provincial law or prescribed provincial activity, if the Minister considers it advisable and the information is made available subject to conditions that are agreed on by the Minister and the government or body.

  • Marginal note:Availability of information to foreign states and bodies

    (2) Information may be made available to the government of a foreign state, an international organization of states or an international organization established by the governments of states, or any institution of any such government or organization, for the administration or enforcement of a law if the Minister considers it advisable and the information is made available subject to conditions agreed upon by the Minister and the government, organization or institution.

  • Marginal note:Secondary release of information

    (3) Information obtained under this section by a government, public body, organization or institution shall not be made available to any other person or body unless the Minister considers it advisable, the information is made available for the same purpose and it is subject to conditions agreed upon by the Minister and the government, public body, organization or institution.

  • 2005, c. 34, s. 36;
  • 2012, c. 19, s. 285.
 
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