Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)
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Assented to 2012-06-29
Marginal note:2010, c. 22, s. 7(3)
297. Subparagraph 19(6)(f)(ii) of the Act is replaced by the following:
(ii) that exceeds 90 days and is to be served in a prison, as defined in subsection 2(1) of the Prisons and Reformatories Act, if the government of the province in which the prison is located has entered into an agreement under section 41 of the Department of Human Resources and Skills Development Act.
Marginal note:2010, c. 22, s. 8(1)
298. Subparagraph 21(9)(d)(ii) of the Act is replaced by the following:
(ii) that exceeds 90 days and is to be served in a prison, as defined in subsection 2(1) of the Prisons and Reformatories Act, if the government of the province in which the prison is located has entered into an agreement under section 41 of the Department of Human Resources and Skills Development Act.
Marginal note:1997, c. 40, s. 102; 2000, c. 12, par. 207(1)(l), c. 34, par. 94(h)(F); 2001, c. 27, s. 267; 2003, c. 22, s. 178; 2005, c. 35, ss. 55 to 58, 59(F), 60 to 62 and par. 66(e), c. 38, par. 138(o), c. 49, s. 7; 2007, c. 11, s. 25; 2010, c. 22, s. 11
299. The heading before section 33 and sections 33 to 33.13 of the Act are replaced by the following:
Availability of Information
Marginal note:Definitions
33. (1) The following definitions apply in this section and sections 33.1 and 39.
“administration”
« mise en oeuvre »
“administration” includes the development, operation, evaluation and enforcement of policies and programs.
“federal institution”
« institution fédérale »
“federal institution” means a department or any other body referred to in Schedule I, I.1, II or III to the Financial Administration Act.
“public officer”
« fonctionnaire public »
“public officer” means an officer or employee of a federal institution, or a prescribed individual or a member of a prescribed class of individuals.
Marginal note:Interpretation
(2) The definition of a word or expression in subsection (1) does not affect its interpretation in any other provision of this Act.
Marginal note:Information obtained under other Acts
33.1 Despite any other Act or law,
(a) the Minister of National Revenue or any person that he or she designates may make available to the Minister, or to a public officer of the Department of Human Resources and Skills Development that is designated by the Minister, a report providing information that is available to the Minister of National Revenue, if the information is necessary for the administration of this Act;
(b) the Minister of Citizenship and Immigration and officers and employees of the Department of Citizenship and Immigration may make available to the Minister, or to a public officer of the Department of Human Resources and Skills Development, any information that was obtained in the administration of the Citizenship Act or the Immigration and Refugee Protection Act, if the information is necessary for the administration of this Act; and
(c) the Commissioner of Corrections or staff members of the Correctional Service of Canada may make available to the Minister or a public officer of the Department of Human Resources and Skills Development any personal information that was obtained in the administration of the Corrections and Conditional Release Act, if the information is necessary for the administration of this Act.
Consequential Amendments
R.S., c. A-1Access to Information Act
Marginal note:2005, c. 35, s. 43
300. Schedule II to the Access to Information Act is amended by striking out the reference to
Canada Pension Plan
Régime de pensions du Canada
and the corresponding reference to “subsection 104.01(1)”.
Marginal note:2005, c. 35, s. 44
301. Schedule II to the Act is amended by striking out the reference to
Old Age Security Act
Loi sur la sécurité de la vieillesse
and the corresponding reference to “subsection 33.01(1)”.
R.S., c. 1 (5th Supp.)Income Tax Act
302. Subparagraph 241(4)(e)(viii) of the Income Tax Act is replaced by the following:
(viii) paragraph 33.1(a) of the Old Age Security Act,
Coming into Force
Marginal note:Order in council
303. Sections 282 to 302 come into force on a day or days to be fixed by order of the Governor in Council.
Division 8Social Insurance Number Cards
2005, c. 34Department of Human Resources and Skills Development Act
304. The Department of Human Resources and Skills Development Act is amended by adding the following after section 28:
Social Insurance Number
Marginal note:Registration
28.1 (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.
Marginal note:Social Insurance Register
28.2 (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.
Marginal note:Change of name
28.3 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.
Marginal note:Prohibitions
28.4 (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.
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