Department of Social Development Act (S.C. 2005, c. 35)
Full Document:
Assented to 2005-07-20
R.S., c. 4 (2nd Supp.)Family Orders and Agreements Enforcement Assistance Act
Marginal note:1996, c. 11, paras. 95(f) and 97(1)(d)
53. Section 6 of the Family Orders and Agreements Enforcement Assistance Act is replaced by the following:
Marginal note:Agreements regarding comprehensive pension plans
6. With the approval of the Governor in Council, the Minister of Social Development may, on behalf of the Government of Canada, enter into an agreement with each province providing a comprehensive pension plan, as defined under the Canada Pension Plan, for the purpose of obtaining the approval of that province for
(a) the creation, for the purposes of this Act, of an information bank to be controlled by the Department of Social Development in respect of contributors to and beneficiaries under that comprehensive pension plan; and
(b) the release of information under this Part from the information bank referred to in paragraph (a) and from any other information bank controlled by the Department of Social Development that contains information in respect of contributors to and beneficiaries under that comprehensive pension plan.
R.S., c. F-11Financial Administration Act
54. Schedule I to the Financial Administration Act is amended by adding the following in alphabetical order:
Department of Social Development
Ministère du Développement social
R.S. c. O-9Old Age Security Act
Marginal note:1997, c. 40, s. 102
55. Subsection 33(3) of the Old Age Security Act is replaced by the following:
Marginal note:Purpose
(3) This section and sections 33.01 to 33.09, 33.12 and 33.13 set out the rules that apply to the protection and the making available of information with respect to an individual that was obtained under this Act or prepared under this Act from that information.
Marginal note:1997, c. 40, s. 102
56. Subsections 33.01(1) to (3) of the Act are replaced by the following:
Marginal note:Protection of information
33.01 (1) Information with respect to an individual is privileged and shall not be made available except as authorized by this Act.
Marginal note:Availability of information on request of an individual
(2) 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 with respect to an individual may, on request in writing to the Minister by the individual or their representative, be made available to that individual or representative or, on the conditions that may be prescribed, to any person or body named in the request.
Marginal note:Availability of information to individuals and members of Parliament
(3) Subject to the exemptions and exclusions provided in the Privacy Act, information may be made available to an individual or their representative, or to a member of Parliament inquiring on behalf of an individual, if the information is relevant to the making of an application or election, or the receipt of a benefit, by the individual under this Act.
Marginal note:1997, c. 40, s. 102
57. Section 33.02 of the Act is replaced by the following:
Marginal note:Availability of information within certain departments
33.02 Information may be made available to the Minister or a public officer of the Department of Social Development or the Department of Human Resources and Skills Development, or a commissioner of the Canada Employment Insurance Commission, for the purpose of the administration of a federal or provincial law or activity.
Marginal note:1997, c. 40, s. 102
58. (1) Subsection 33.03(1) of the Act is replaced by the following:
Marginal note:Availability of information within federal institutions
33.03 (1) Information may be made available to other ministers or public officers for the purpose of the administration of this Act.
(2) Section 33.03 of the Act is amended by adding the following after subsection (2):
Marginal note:Other federal institutions
(2.1) Information may also be made available to a minister or a public officer of a prescribed federal institution for the administration of a prescribed federal or provincial law or activity if the Minister considers it advisable and the information is made available subject to the conditions set out in an agreement between the Minister and the federal institution.
Marginal note:1997, c. 40, s. 102
59. Subsection 33.05(1) of the French version of the Act is replaced by the following:
Marginal note:Communication aux provinces
33.05 (1) Les renseignements peuvent être rendus accessibles — pour la mise en oeuvre d’une loi ou d’une activité fédérales ou d’une loi provinciale — au gouvernement d’une province ou à un organisme public créé sous le régime d’une loi provinciale, si le ministre l’estime indiqué et, le cas échéant, sont rendus accessibles aux conditions fixées par un accord conclu entre le ministre et ce gouvernement ou cet organisme.
Marginal note:1997, c. 40, s. 102
60. Subsection 33.06(3) of the Act is repealed.
Marginal note:1997, c. 40, s. 102
61. Sections 33.08 and 33.09 of the Act are replaced by the following:
Marginal note:Evidence and production of documents
33.08 Despite any other Act or law, the Minister and public officers shall not be required, in connection with any legal proceedings, to give evidence relating to information that is privileged under subsection 33.01(1) or to produce a statement or other writing that contains any such privileged information unless the Minister considers that it is appropriate to do so.
Marginal note:Offence
33.09 (1) Every person or body commits an offence who knowingly makes available information that is privileged under this Act, or who knowingly uses or allows such information to be used, otherwise than in accordance with this Act, any condition referred to in section 33.01, 33.03, 33.05, 33.06 or 33.12 or an agreement referred to in section 33.05, 33.06, 33.12 or 39.
Marginal note:Punishment — individuals
(2) An individual who is guilty of an offence under subsection (1) is liable on summary conviction to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.
Marginal note:Punishment — others
(3) A body or a person, other than an individual, who is guilty of an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000.
62. The Act is amended by adding the following after section 33.11:
Marginal note:Research or statistical purposes
33.12 Information may be made available for research or statistical purposes to any person or body, including one referred to in any of sections 33.03 to 33.06, if
(a) the Minister is of the opinion that the research or statistical purposes are consistent with the principles set out in paragraphs 33.13(1)(a) to (e);
(b) the Minister is of the opinion that the purpose for which the information is made available cannot reasonably be accomplished unless the information is provided in a form that may identify the individual to whom it relates; and
(c) the information is made available subject to conditions set out in an agreement between the Minister and the person or body, and the person or body undertakes in the agreement not to subsequently disclose the information in a form that could reasonably be expected to identify the individual to whom it relates.
Marginal note:Use of information for research purposes
33.13 (1) The use of information by the Minister and by public officers of the Department of Social Development for policy analysis, research or evaluation purposes shall be guided by the following principles:
(a) the object of the policy analysis, research or evaluation is consistent with the powers, duties and functions of the Minister under the Department of Social Development Act;
(b) the use of the information is consistent with any agreement under which the information was obtained;
(c) the results of the policy analysis, research or evaluation will be made available only in accordance with sections 33 to 33.08 and 33.12 and any agreements under which the information was obtained;
(d) the policy analysis, research or evaluation would be difficult or impossible if the information were not used; and
(e) the policy analysis, research or evaluation is in the public interest.
Marginal note:Use
(2) Unless authorized by the Minister, a public officer shall not use information for the purpose of policy analysis, research or evaluation if the information would allow an individual to be identified.
Marginal note:Restriction
(3) Information that is used for policy analysis, research or evaluation purposes shall not be used for any administrative purpose as defined in section 3 of the Privacy Act.
R.S., c. P-21Privacy Act
63. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “Depart- ments and Ministries of State”:
Department of Social Development
Ministère du Développement social
1991, c. 30Public Sector Compensation Act
64. Schedule I to the Public Sector Compensation Act is amended by adding the following in alphabetical order under the heading “Departments”:
Department of Social Development
Ministère du Développement social
- Date modified: