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:Time limits

 The Chairperson or a Vice-Chairperson may in any particular case for special reasons extend the time within which the Tribunal is required by regulation to make a decision under subsections 54(1), 58(3) and 59(1).

  • 2005, c. 34, s. 67;
  • 2012, c. 19, s. 224.
Marginal note:Decision final

 The decision of the Tribunal on any application made under this Act is final and, except for judicial review under the Federal Courts Act, is not subject to appeal to or review by any court.

  • 2005, c. 34, ss. 68, 83;
  • 2012, c. 19, s. 224.

Regulations

Marginal note:Governor in Council

 The Governor in Council may make regulations respecting the manner in which the Tribunal may conduct its business, including regulations respecting

  • (a) the procedure to be followed on appeals to the Tribunal;

  • (b) the circumstances under which information is deemed to have been communicated or received;

  • (c) the time within which the Tribunal must make a decision under subsections 54(1), 58(3) and 59(1);

  • (d) any special reasons for the purposes of section 63;

  • (e) the power to exclude any person from a hearing when oral evidence concerning a circumstance of sexual or other harassment is being given; and

  • (f) anything that, by this Part, is to be prescribed by regulation.

  • 2005, c. 34, ss. 69, 83;
  • 2012, c. 19, s. 224.
Marginal note:Regulations — electronic documents and electronic information
  •  (1) The Governor in Council may, for the purposes of this Part, make regulations referred to in paragraphs 73(1)(c), (d) and (f).

  • Marginal note:Regulations — definitions

    (2) The Governor in Council may, for the purposes of regulations made under subsection (1), make regulations defining electronic, electronic document, electronic information, electronic signature and technology.

  • Marginal note:Incorporation by reference

    (3) Subsections 73(2) to (5) apply to regulations made under this section.

  • 2005, c. 34, s. 70;
  • 2012, c. 19, s. 224.

PART 6Electronic Administration or Enforcement

Marginal note:Application

 This Part applies to the following Acts, programs and activities:

  • 2013, c. 40, s. 211;
  • 2014, c. 20, s. 485.
Marginal note:Powers
  •  (1) Subject to the regulations, the Minister may administer or enforce electronically the Acts, programs and activities referred to in paragraphs 70.1(a) to (e), (g) and (h), the Minister of Labour may administer or enforce electronically the Canada Labour Code and the Commission may administer or enforce electronically the Employment Insurance Act, including for the purposes of

    • (a) creating, communicating, making available, collecting, receiving, storing, or managing or otherwise dealing with documents or information;

    • (b) providing any services, benefits or other assistance;

    • (c) providing notifications;

    • (d) verifying the identity of a person or entity;

    • (e) entering into agreements or arrangements; and

    • (f) making, receiving or verifying an electronic signature.

  • Marginal note:Restriction

    (2) The Minister and the Commission must not require persons or entities to apply electronically for, or receive electronically, services, benefits or other assistance except for classes of persons or entities and those services, benefits or other assistance that are prescribed by the regulations.

  • 2005, c. 34, ss. 71, 83;
  • 2012, c. 19, s. 224;
  • 2013, c. 40, s. 212.
Marginal note:Electronic manner of filing documents
  •  (1) Unless another manner of filing a document or information is expressly required by a provision of an Act referred to in section 70.1 or any of its regulations, by a term or condition of a program referred to in paragraph 70.1(g) or by a provision of a regulation referred to in paragraph 70.1(h), the filing of an electronic version of the document or information is to be considered as the filing of a document or information in accordance with the provision or the term or condition.

  • Marginal note:Power to prescribe form or manner of filing

    (2) A provision of an Act referred to in section 70.1 or any of its regulations, or a term or condition of a program referred to in paragraph 70.1(g) or a provision of a regulation referred to in paragraph 70.1(h), that provides for a power to issue, prescribe or in any other manner establish a form or to establish the manner of filing a document or information includes the power to do so with respect to an electronic document or information.

  • Marginal note:Written documents or information

    (3) A requirement under a provision of an Act referred to in section 70.1 or any of its regulations, or a term or condition of a program referred to in paragraph 70.1(g) or a provision of a regulation referred to in paragraph 70.1(h), that a document be in writing or information be provided in writing is satisfied by an electronic document or information if the electronic document or information

    • (a) is readable or perceivable so as to be usable for subsequent reference;

    • (b) is in a format that does not prevent it from being retained by the recipient; and

    • (c) meets the prescribed requirements, if any.

  • Marginal note:Signatures

    (4) A requirement under a provision of an Act referred to in section 70.1 or any of its regulations, or a term or condition of a program referred to in paragraph 70.1(g) or a provision of a regulation referred to in paragraph 70.1(h), for a signature is satisfied by an electronic signature if the electronic signature

    • (a) is reliable for the purposes for which it is required;

    • (b) is reliably linked with the electronic document in respect of which the signature is required; and

    • (c) meets the prescribed requirements, if any.

  • Meaning of filing

    (5) In this section, filing includes all manner of transmitting, regardless of how it is designated.

  • 2005, c. 34, s. 72;
  • 2012, c. 19, s. 224;
  • 2013, c. 40, s. 213.
Marginal note:Regulations
  •  (1) The Governor in Council may make regulations

    • (a) providing for circumstances in which subsection 71(1) does not apply;

    • (b) defining, enlarging or restricting the meaning of any word or expression used but not defined in this Part;

    • (c) respecting the creation, communication, making available, collection, reception, storage or management of, or any other method of dealing with, electronic documents or electronic information, and their admissibility in any proceedings, including establishing

      • (i) criteria for the reliability of electronic documents, electronic information or electronic signatures,

      • (ii) the date and hour when an electronic document or electronic information is deemed to be sent or received and the place where it is deemed to be sent or received,

      • (iii) the technology to be used and process to be followed for making, receiving or verifying an electronic signature, and

      • (iv) whether an electronic document must be signed with an electronic signature;

    • (d) establishing criteria for the validity of an agreement or arrangement entered into electronically;

    • (e) respecting terms and conditions for providing or receiving electronically services, benefits or other assistance, including the payment of amounts electronically;

    • (f) respecting the technology to be used and the process to be followed for verifying electronically the identity of any person or entity;

    • (g) respecting the establishment and operation of electronic systems or any other technology to be used in the administration or enforcement of an Act referred to in section 70.1, of a program referred to in paragraph 70.1(g) or of a provision of a regulation referred to in paragraph 70.1(h), and respecting the manner in which and the extent to which any provision of that Act or its regulations, any term or condition of that program or any provision of that regulation applies to the electronic systems; and

    • (h) prescribing anything that by this Part is to be prescribed.

  • Marginal note:Incorporation by reference

    (2) A regulation made under this section may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.

  • Marginal note:Accessibility

    (3) The Minister, the Minister of Labour or the Commission, as the case may be, shall ensure that any document that is incorporated by reference in a regulation in respect of which the administration or the enforcement is their responsibility is accessible.

  • Marginal note:Defence

    (4) A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in the regulation is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (3) or it was otherwise accessible to the person.

  • Marginal note:No registration or publication

    (5) For greater certainty, a document that is incorporated by reference in the regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

  • 2005, c. 34, s. 73;
  • 2012, c. 19, s. 224;
  • 2013, c. 40, s. 214.
 
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