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

Short Title

Marginal note:Short title

1 This Act may be cited as the Department of Employment and Social Development Act.

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Act.

Board of Appeal

Board of Appeal means the Employment Insurance Board of Appeal established under section 43.01. (Conseil d’appel)

Commission

Commission means the Canada Employment Insurance Commission continued by section 20. (Commission)

Minister

Minister means the Minister of Employment and Social Development. (ministre)

partner entity

partner entity means

• (a) a department or any other body, other than a parent Crown corporation, referred to in a schedule to the Financial Administration Act;

• (b) a parent Crown corporation and any wholly-owned subsidiary, as those terms are defined in section 83 of the Financial Administration Act;

• (c) the government of a province, a public body created under the law of a province, or a municipality;

• (d) a council, government or other entity authorized to act on behalf of either a band, as defined in subsection 2(1) of the Indian Act, or a First Nation, Aboriginal people or Aboriginal organization that is a party to a land claim agreement or any other treaty, self-government agreement or settlement agreement; and

• (e) a non-profit corporation or public body performing a function for an entity referred to in any of paragraphs (a) to (d). (entité partenaire)

Tribunal

Tribunal means the Social Security Tribunal established under section 44. (Tribunal)

PART 1Department of Employment and Social Development

Continuation

Marginal note:Department continued

• 3 (1) The Department of Human Resources and Skills Development is continued under the name of the Department of Employment and Social Development over which the Minister of Employment and Social Development, appointed by commission under the Great Seal, shall preside.

• Marginal note:Employment and Social Development Canada

  (2) The expressions “Employment and Social Development Canada” and “Emploi et Développement social Canada” in any document issued or executed in relation to the powers, duties and functions conferred on the Minister by this or any other Act are deemed to be references to the “Department of Employment and Social Development” and the “ministère de l’Emploi et du Développement social”, respectively.

• Marginal note:Minister

  (3) The Minister holds office during pleasure and has the management and direction of the Department.

Marginal note:Deputy Minister

• 4 (1) The Governor in Council may appoint an officer called the Deputy Minister of Employment and Social Development to hold office during pleasure and to be the deputy head of the Department.

• Marginal note:Associate Deputy Ministers

  (2) The Governor in Council may appoint one or more Associate Deputy Ministers of Employment and Social Development to hold office during pleasure and each shall have the rank and status of a deputy head of a department and exercise, under the Deputy Minister of Employment and Social Development, the powers and perform the duties and functions as deputies of the Minister and otherwise that the Minister may specify.

• Marginal note:Deputy Minister of Labour

  (3) The Governor in Council may designate the Deputy Minister of Employment and Social Development or one of the Associate Deputy Ministers to be Deputy Minister of Labour.

Powers, Duties and Functions of the Minister

Marginal note:Powers, duties and functions

• 5 (1) The Minister’s powers, duties and functions extend to and include all matters relating to human resources and skills development in Canada or the social development of Canada over which Parliament has jurisdiction and which are not by law assigned to any other Minister, department, board or agency of the Government of Canada.

• Marginal note:Exercise of powers

  (2) The Minister shall exercise the powers and perform the duties and functions

  • (a) relating to human resources and skills development with a view to improving the standard of living and quality of life of all Canadians by promoting a highly skilled and mobile workforce and an efficient and inclusive labour market; and

  • (b) relating to social development with a view to promoting social well-being and income security.

Marginal note:Service delivery to public

• 5.1 (1) The Minister may provide support for service delivery to the public and, in so doing, he or she may

  • (a) provide the following services and facilities to any partner entity and perform activities related to those services and facilities:

    • (i) services and facilities in support of its delivery of its programs and services, and

    • (ii) any other service or facility that is authorized by the Governor in Council;

  • (b) provide the following services to any department or body listed in Schedule I, I.1 or II to the Financial Administration Act and to any other partner entity authorized by the Governor in Council and perform activities related to those services:

    • (i) the administration of websites that are accessible to the public,

    • (ii) the administration of social media accounts,

    • (iii) the publication of mobile applications on third-party mobile application stores and on the Government of Canada website,

    • (iv) online citizen engagement, and

    • (v) any other related electronic or digital service;

  • (c) administer the Government of Canada website; and

  • (d) provide information services relating to programs and services of the Government of Canada and of any other person, organization or government authorized by the Governor in Council.

• Marginal note:Authorization — Governor in Council

  (2) The Minister may provide any service or facility that is described in subsection (1), other than the services described in paragraph (1)(c) or (d), and that is authorized by the Governor in Council to any other person, organization or government that the Governor in Council authorizes.

• Marginal note:Exercise of powers

  (3) The Minister shall, in supporting service delivery to the public, do so with a view to better serving the needs of Canadians.

Marginal note:Fees — services and facilities

• 5.2 (1) The Minister may charge for any service or facility provided under subsection 5.1(1), except the services provided under paragraph 5.1(1)(c) or (d).

• Marginal note:Spending authority

  (2) The Minister may spend revenues obtained under subsection (1).

Marginal note:Powers

6 In exercising the powers and performing the duties and functions assigned to the Minister under this or any other Act, the Minister may

• (a) subject to the Statistics Act, collect, analyze, interpret, publish and distribute information relating to human resources and skills development, social development or service delivery to the public; and

• (b) cooperate with provincial authorities with a view to coordinating efforts for human resources and skills development, social development, or service delivery to the public.

Marginal note:Programs

7 The Minister may, in exercising the powers and performing the duties and functions assigned by this Act, establish and implement programs designed to support projects or other activities that contribute to the development of the human resources of Canada and the skills of Canadians, to the social development of Canada or to service delivery to the public, and the Minister may make grants and contributions in support of the programs.

Marginal note:Business numbers — Minister

8 The Minister may collect any business number, as defined in subsection 248(1) of the Income Tax Act, and use it as an identifier for the purposes of the administration or enforcement any Act, program or activity in respect of which the administration or enforcement is the responsibility of the Minister.

Marginal note:Social Insurance Numbers

8.1 The Minister may collect and use a person’s Social Insurance Number to verify their identity for the purposes of the administration or enforcement of any Act, program or activity in respect of which the administration or enforcement is the responsibility of the Minister.

Committees

Marginal note:Committees

• 9 (1) The Minister may establish advisory and other committees and provide for their membership, duties, functions and operation.

• Marginal note:Remuneration

  (2) Members of a committee shall be paid, in connection with their work for the committee, the remuneration that may be fixed by the Governor in Council.

• Marginal note:Travel, living and other expenses

  (3) Members of a committee are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel, living and other expenses incurred in connection with their work for the committee while absent, in the case of full-time members, from their ordinary place of work or, in the case of part-time members, from their ordinary place of residence.

General Provisions

Marginal note:Agreements

10 For the purpose of facilitating the formulation, coordination and implementation of any program or policy relating to the powers, duties and functions conferred by this Act, the Minister may enter into agreements with a province or a provincial public body, financial institutions and other persons or bodies that the Minister considers appropriate.

Marginal note:Delegation

11 The Minister may authorize the Minister of Labour, the Commission or any other person or body, or member of a class of persons or bodies, to exercise any power or perform any duty or function of the Minister.

Marginal note:Oaths and affidavits

12 A person or member of a class of persons employed by the Department and authorized by the Deputy Minister and any other person or member of a class of persons authorized by the Minister may, in the course of their duties, administer oaths and take and receive affidavits, declarations and affirmations for the purposes of or incidental to the performance of their duties, and every person so authorized has for those purposes all the powers of a commissioner for administering oaths or taking affidavits.

Marginal note:Fees for services and use of facilities

• 13 (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees to be paid for a service or the use of a facility provided by the Minister, the Department, the Commission or any other board or agency of the Government of Canada for which the Minister has responsibility.

• Marginal note:Amount not to exceed cost

  (2) Fees that are fixed under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.

Marginal note:Fees for products, rights and privileges

14 The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees to be paid for products, rights and privileges provided by the Minister, the Department, the Commission or any other board or agency of the Government of Canada for which the Minister has responsibility.

Marginal note:Fees for regulatory processes and approvals

• 15 (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees to be paid for regulatory processes or approvals provided by the Minister, the Department, the Commission or any other board or agency of the Government of Canada for which the Minister has responsibility.

• Marginal note:Amount

  (2) Fees that are fixed under subsection (1) may not in the aggregate exceed an amount sufficient to compensate Her Majesty in right of Canada for any reasonable outlays incurred by Her Majesty for providing the regulatory processes or approvals.

Marginal note:Publication

• 16 (1) The Minister shall, within thirty days after the day on which the Minister fixes a fee under any of sections 13 to 15, publish the fee in the Canada Gazette.

• Marginal note:Reference to Scrutiny Committee

  (2) A fee fixed under any of sections 13 to 15 shall stand referred to the Committee referred to in section 19 of the Statutory Instruments Act to be reviewed and scrutinized as if it were a statutory instrument.

Marginal note:Power to make regulations

17 The Treasury Board may make regulations for the purposes of sections 13 to 15.

PART 2Minister of Labour

Marginal note:Minister of Labour

• 18 (1) A Minister of Labour may be appointed by commission under the Great Seal to hold office during pleasure.

• Marginal note:Powers, duties and functions

  (2) The powers, duties and functions of the Minister of Labour extend to and include all matters relating to labour over which Parliament has jurisdiction and which are not by law assigned to any other department, board or agency of the Government of Canada. They are to be exercised with the objective of promoting safe, healthy, fair, stable, cooperative and productive workplaces.

• Marginal note:No Minister of Labour appointed

  (3) If no Minister of Labour is appointed under subsection (1),

  • (a) the Minister shall exercise the powers and perform the duties and functions of the Minister of Labour; and

  • (b) every reference to the Minister of Labour in any Act of Parliament or in any order, regulation or other instrument made under an Act of Parliament shall, unless the context otherwise requires, be read as a reference to the Minister.

• Marginal note:Use of departmental services and facilities

  (4) The Minister of Labour shall make use of the services and facilities of the Department and may authorize employees of the Department to exercise any power or perform any duty or function of the Minister of Labour.