Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Act current to 2022-06-20 and last amended on 2021-06-29. Previous Versions

PART 2Minister of Labour (continued)

Marginal note:Programs

 The Minister of Labour may, in exercising the powers and performing the duties and functions assigned by subsection 18(2), establish and implement programs designed to support projects or other activities that promote safe, healthy, fair, stable, cooperative and productive workplaces, and the Minister may make grants and contributions in support of the programs.

Marginal note:Business numbers — Minister of Labour

 The Minister of Labour 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 of any Act, program or activity in respect of which the administration or enforcement is the responsibility of that Minister.

  • 2018, c. 12, s. 273

Marginal note:Social Insurance Numbers — Minister of Labour

 The Minister of Labour 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 that Minister.

Marginal note:Crediting to Labour Cooperation Treaties Account

  •  (1) All moneys received by Her Majesty as a result of a monetary assessment by a panel determination under a treaty, or chapter of a treaty, respecting labour cooperation referred to in the schedule shall be paid into the Consolidated Revenue Fund and, if required under the treaty, credited to a special account in the accounts of Canada to be known as the Labour Cooperation Treaties Account.

  • Marginal note:Additional credits to Account

    (2) If an amount is assessed against Canada by a panel determination under a treaty, or chapter of a treaty, respecting labour cooperation referred to in the schedule, an amount equal to that amount shall be credited to the Account if the Account has been designated for the purposes of the treaty in accordance with its provisions.

  • Marginal note:Interest

    (3) On April 1 of every year there shall be credited to the Account an amount representing interest, at the rate fixed for the purposes of subsection 21(2) of the Financial Administration Act, on the balance to the credit of the Account.

  • Marginal note:Payment of moneys

    (4) One or more amounts not exceeding in total the amount standing in the Account in relation to a treaty, including interest, may, on the requisition of the Minister of Labour, be paid out of the Consolidated Revenue Fund in accordance with the provisions of the treaty. The amount of all such payments is to be charged to the Account.

  • 2009, c. 16, s. 50
  • 2014, c. 14, ss. 49, 51, c. 28, s. 57

PART 3Canada Employment Insurance Commission

Continuation of the Commission

Marginal note:Commission

  •  (1) The Canada Employment Insurance Commission is continued. It consists of four commissioners.

  • Marginal note:Commissioners

    (2) The four commissioners shall be

    • (a) the Deputy Minister of Employment and Social Development, who shall be the Chairperson of the Commission;

    • (b) an Associate Deputy Minister of Employment and Social Development, who shall be the Vice-Chairperson of the Commission;

    • (c) a person appointed by the Governor in Council after consultation with organizations representative of workers; and

    • (d) a person appointed by the Governor in Council after consultation with organizations representative of employers.

  • Marginal note:Employment Insurance Canada

    (3) The expressions “Employment Insurance Canada” and “Assurance-emploi Canada” in any document issued or executed in relation to the matters set out in section 24 are deemed to be references to the “Canada Employment Insurance Commission” and the “Commission de l’assurance-emploi du Canada”, respectively.

  • 2005, c. 34, s. 20
  • 2010, c. 12, s. 1723
  • 2013, c. 40, s. 210

Marginal note:Tenure, remuneration and conditions of office

  •  (1) Commissioners, other than the Chairperson and Vice-Chairperson,

    • (a) shall be appointed by the Governor in Council to hold office during good behaviour for a term not exceeding five years but may be removed by the Governor in Council at any time for cause;

    • (b) are eligible for reappointment on the expiration of each term of office;

    • (c) shall receive the remuneration that is fixed by the Governor in Council;

    • (d) are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made pursuant to section 9 of the Aeronautics Act; and

    • (e) shall devote the whole of their time to the performance of the duties and functions of the office of commissioner and shall not accept or hold any office or employment or carry on any activity inconsistent with their duties and functions.

  • Marginal note:Tenure, remuneration and conditions of office — acting

    (2) In the event of the absence or incapacity of a commissioner other than the Chairperson or Vice-Chairperson or if the office is vacant, the Governor in Council may designate a person to act as a commissioner for the period of the absence, incapacity or vacancy and the person so designated has and may exercise all the powers and perform all the duties and functions of a commissioner, unless the Governor in Council specifies otherwise.

  • 2005, c. 34, ss. 21, 82(E)

Marginal note:Chairperson

  •  (1) The Chairperson of the Commission is the chief executive officer of the Commission. The Chairperson supervises the work of the Commission and presides at its meetings.

  • Marginal note:Vice-Chairperson

    (2) The Vice-Chairperson of the Commission exercises the powers and performs the duties and functions under the Chairperson that the Chairperson may specify.

  • Marginal note:Acting Chairperson

    (3) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-Chairperson has and may exercise all the powers and perform all the duties and functions of the Chairperson.

  • Marginal note:Acting Vice-Chairperson

    (4) In the event of the absence or incapacity of the Vice-Chairperson, if the office of Vice-Chairperson is vacant or if the Vice-Chairperson is acting as Chairperson pursuant to subsection (3), the Governor in Council may designate a person to act as Vice-Chairperson for the period of the absence, incapacity or vacancy or the period during which the Vice-Chairperson is acting as Chairperson, and the person so designated has and may exercise all the powers and perform all the duties and functions of the Vice-Chairperson, unless the Governor in Council specifies otherwise.

Marginal note:Voting

 The Vice-Chairperson may not vote at any meeting of the Commission unless the Vice-Chairperson is acting for or on behalf of the Chairperson.

Powers, Duties and Functions of the Commission

Marginal note:Powers, duties and functions of the Commission

  •  (1) The Commission shall exercise the powers and perform the duties and functions

    • (a) that are required by the Minister or by or pursuant to an Act of Parliament in relation to employment insurance, employment services and the development and utilization of labour market resources; and

    • (b) that are required by order of the Governor in Council or by or pursuant to an Act of Parliament in relation to other matters.

  • Marginal note:Agreements with other countries

    (2) With the approval by order of the Governor in Council, the Commission may, notwithstanding any other Act of Parliament, enter into agreements with the governments of other countries to establish reciprocal arrangements relating to any matter set out in subsection (1).

  • Marginal note:Directions to Commission

    (3) The Commission shall comply with any directions given to it from time to time by the Minister respecting the exercise of its powers or the performance of its duties and functions.

Marginal note:Business numbers — Commission

 The Commission 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 of the Employment Insurance Act.

  • 2018, c. 12, s. 274

Marginal note:Rules

  •  (1) The Commission may make rules respecting the calling of meetings of the Commission and generally respecting the conduct of its business.

  • Marginal note:Minutes of meetings

    (2) Minutes shall be recorded of all formal meetings of the Commission.

Marginal note:Agent of Her Majesty

  •  (1) The Commission is a body corporate and is for all purposes an agent of Her Majesty in right of Canada and it may exercise its powers only as an agent of Her Majesty in that right.

  • Marginal note:Contracts

    (2) The Commission may, on behalf of Her Majesty in right of Canada, enter into contracts in the name of Her Majesty or in the name of the Commission.

Organization and Operation of the Commission

Marginal note:Head office

  •  (1) The head office of the Commission shall be in the National Capital Region as described in the schedule to the National Capital Act or at any other place in Canada that may be designated by order of the Governor in Council.

  • Marginal note:Residence

    (2) The Chairperson and Vice-Chairperson shall reside in the National Capital Region or at the place designated by the Governor in Council under subsection (1), or within reasonable commuting distance of that region or place.

  • 2005, c. 34, s. 27
  • 2011, c. 24, s. 189

Marginal note:Staff

  •  (1) The officers and employees necessary for the proper conduct of the business of the Commission shall be employees of the Department.

  • (1.1) [Repealed, 2008, c. 28, s. 132]

  • Marginal note:Agents

    (2) The Commission may enter into contracts with agents in or for locations where the Commission considers it desirable to do so.

  • Marginal note:Delegation

    (3) The Commission may authorize any person or body, or member of a class of persons or bodies, to exercise powers or perform duties and functions of or delegated to the Commission, and any such authorized person or body or class of persons or bodies may exercise specified powers or perform specified duties and functions.

  • Marginal note:Actuary — Employment Insurance Act

    (4) The Commission shall engage the services of a Fellow of the Canadian Institute of Actuaries who is an employee of the Office of the Superintendent of Financial Institutions to perform the duties under section 66.3 of the Employment Insurance Act.

  • 2005, c. 30, s. 129, c. 34, s. 28
  • 2008, c. 28, s. 132
  • 2012, c. 31, s. 441

Social Insurance Number

Marginal note:Registration

  •  (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.

  • 2005, c. 30, s. 129
  • 2008, c. 28, s. 133
  • 2012, c. 19, s. 304

Marginal note:Social Insurance Register

  •  (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.

  • 2012, c. 19, s. 304
 
Date modified: