Short Title

Marginal note:Short title

1 This Act may be cited as the Department of Human Resources Development Act.

Interpretation

Marginal note:Definitions

2 In this Act,

Commission

Commission

Commission means the Canada Employment Insurance Commission continued by section 23; (Commission)

Minister

ministre

Minister means the Minister of Human Resources Development. (ministre)

PART IDepartment of Human Resources Development

Establishment

Marginal note:Department established

• 3 (1) There is hereby established a department of the Government of Canada called the Department of Human Resources Development over which the Minister of Human Resources Development, appointed by commission under the Great Seal, shall preside.

• Marginal note:Human Resources Development Canada

  (2) The expressions “Human Resources Development Canada” and “Développement des ressources humaines Canada” in any document issued or executed in relation to the matters set out in section 6 are deemed to be references to the “Department of Human Resources Development” and the “ministère du Développement des ressources humaines”, respectively.

• Marginal note:Minister

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

Marginal note:Minister of Labour

• 4 (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 over which Parliament has jurisdiction relating to labour not by law assigned to any other department, board or agency of the Government of Canada.

• Marginal note:Where no Minister of Labour

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

  • (a) the Minister of Human Resources Development 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 of Human Resources Development.

• Marginal note:Use of departmental services and facilities

  (4) The Minister of Labour shall make use of the services and facilities of the Department.

Marginal note:Deputy minister

• 5 (1) The Governor in Council may appoint an officer called the Deputy Minister of Human Resources 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 Human Resources Development, each of whom shall have the rank and status of a deputy head of a department and shall, under the Deputy Minister of Human Resources Development, exercise such powers and perform such duties and functions as deputies of the Minister and otherwise as the Minister may specify.

• Marginal note:Deputy Minister of Labour

  (3) The Governor in Council may designate the Deputy Minister of Human Resources 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

6 The powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction relating to the development of the human resources of Canada not by law assigned to any other Minister, department, board or agency of the Government of Canada, and are to be exercised with the objective of enhancing employment, encouraging equality and promoting social security.

Marginal note:Additional powers

7 In exercising the powers or performing the duties or functions assigned to the Minister under this or any other Act of Parliament, the Minister may

• (a) subject to the Statistics Act, collect, analyse, interpret, publish and distribute information relating to human resources development; and

• (b) cooperate with provincial authorities with a view to the coordination of efforts made or proposed for preserving and improving human resources development.

Fees and Charges

Marginal note:Fees for services or use of facilities

• 8 (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 or 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 for a service or the use of a facility 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

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

Marginal note:Fees in respect of regulatory processes and approvals

• 10 (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix fees in respect of regulatory processes or approvals provided by the Minister, the Department or 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) shall in the aggregate not exceed an amount sufficient to compensate Her Majesty in right of Canada for any reasonable outlays incurred by Her Majesty for the purpose of providing the regulatory processes or approvals.

Marginal note:Consultation

• 11 (1) Before fixing a fee under any of sections 8 to 10, the Minister shall consult with such persons or organizations as the Minister considers to be interested in the matter.

• Marginal note:Publication

  (2) The Minister shall, within thirty days after the date on which the Minister fixes a fee under any of sections 8 to 10, publish the fee in the Canada Gazette and by such appropriate electronic or other means that the Treasury Board may authorize by regulation.

• Marginal note:Reference to Scrutiny Committee

  (3) Any fee fixed under any of sections 8 to 10 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

12 The Treasury Board may make regulations for the purposes of sections 8 to 11.

Boards, Committees and Councils

Marginal note:Boards, committees and councils

13 The Minister may, with the approval of the Governor in Council, establish such bodies as are necessary to assist and advise the Minister and to cooperate with provincial authorities for the purposes of this Act.

National Council of Welfare

Marginal note:National Council of Welfare

• 14 (1) The National Council of Welfare is continued, consisting of a chairperson and not more than thirteen other members to be appointed by the Governor in Council to hold office during pleasure for the term, not exceeding three years, that will ensure as far as possible the expiration in any one year of the terms of appointment of fewer than half of the members so appointed.

• Marginal note:Members deemed to be in the federal public administration

  (2) The members are deemed 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 while in the course of duties under this Act.

Marginal note:Eligibility for reappointment

15 A member of the National Council of Welfare is eligible for reappointment to the Council.

Marginal note:Remuneration and expenses

16 Each member of the National Council of Welfare shall be paid the remuneration that may be approved by the Governor in Council and is entitled to be paid reasonable travel and other expenses incurred by them while absent from their ordinary place of residence in the course of duties under this Act.

Marginal note:Duties and powers

17 It is the function of the National Council of Welfare to advise the Minister in respect of any matters relating to social welfare that the Minister may refer to the Council for its consideration or that the Council considers appropriate.

Marginal note:Meetings

18 The National Council of Welfare shall meet at the times and places that the Minister may direct.

Marginal note:Personnel

• 19 (1) The National Council of Welfare may employ or retain the persons who are necessary to perform the duties and functions of the Council.

• Marginal note:Presumption

  (2) No person employed or retained pursuant to subsection (1) shall, by virtue only of being so employed or retained, be considered to be employed in the federal public administration.

General Provisions

Marginal note:Agreements

20 For the purpose of facilitating the formulation, coordination and implementation of any program or policy relating to the powers, duties and functions referred to in section 6, the Minister may enter into agreements with a province or group of provinces, agencies of provinces, financial institutions and such other persons or bodies as the Minister considers appropriate.

Marginal note:Delegation

21 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:Affidavits

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

PART IICanada Employment Insurance Commission

Continuation of the Commission

Marginal note:Commission

• 23 (1) The body corporate called the Canada Employment and Immigration Commission is continued as a body corporate under the name of the Canada Employment Insurance Commission consisting of four commissioners to be appointed by the Governor in Council.

• Marginal note:Commissioners

  (2) The four commissioners shall be appointed under subsection (1) as follows:

  • (a) the Deputy Minister of Human Resources Development, who shall be the Chairperson of the Commission;

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

  • (c) a person appointed after consultation with organizations representative of workers; and

  • (d) a person appointed after consultation with organizations representative of employers.

• Marginal note:Employment and 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 27 are deemed to be references to the “Canada Employment Insurance Commission” and the “Commission de l’assurance-emploi du Canada”, respectively.

Marginal note:Tenure, remuneration and conditions of office

• 24 (1) A commissioner, other than the Chairperson or 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) is eligible for reappointment on the expiration of each term of office;

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

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

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

• 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.

Marginal note:Chairperson

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

• Marginal note:Vice-Chairperson

  (2) The Vice-Chairperson of the Commission exercises such powers and performs such duties and functions under the Chairperson as 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

26 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

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

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

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

• 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:Rules

• 28 (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

• 29 (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

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

• Marginal note:Residence of commissioners

  (2) Each commissioner 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.

Marginal note:Staff

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

• 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.

Audit

Marginal note:Audit by Auditor General

32 The accounts and financial transactions of the Commission and the Employment Insurance Account established by section 71 of the Employment Insurance Act shall be audited annually for the previous fiscal year by the Auditor General of Canada and a report of the audit relating to that Account shall be made to the Minister.

PART IIIAssistance for Long-service Employees

Marginal note:Assistance for long-service employees

• 33 (1) The Minister may enter into agreements with provincial governments, employers, employer organizations, employees, employee organizations, financial institutions or such other persons or entities as the Minister considers appropriate, for the purpose of making provision for periodic income assistance payments to

  • (a) former employees at an establishment whose employment has been terminated, at any time since December 31, 1987, by reason of a permanent reduction in the work force engaged in an identifiable economic activity at the establishment and who, at the time of the termination, were fifty-five years of age or older but less than sixty-five years of age; or

  • (b) former employees at an establishment in an industry that was a designated industry on August 12, 1986 whose employment has been terminated, at any time since the industry ceased to be a designated industry, by reason of a permanent reduction in the work force engaged in an identifiable economic activity at the establishment and who, at the time of the termination, were fifty-five years of age or older but less than sixty-five years of age or, in the case of a reduction that took effect before October 6, 1988, were persons less than sixty-five years of age the sum of whose age and length of service in designated industries was not less than eighty years.

• Marginal note:Definition of “designated industry”

  (2) In paragraph (1)(b), designated industry means an industry designated pursuant to section 3 of the Labour Adjustment Benefits Act.

• Marginal note:Persons under the age of fifty-five years

  (3) The Minister may enter into agreements referred to in subsection (1) that, notwithstanding that subsection, apply to former employees who are less than fifty-five years of age if the former employees

  • (a) were fifty years of age or older on May 15, 1994; and

  • (b) are former employees of fish plants whose employment has been terminated by reason of a permanent reduction in the work force at those plants because of a decline in fish stocks.

PART III.1Canada Education Savings Grants

Interpretation

Marginal note:Definitions

• 33.1 (1) The definitions in this subsection apply in this Part.

  CES grant

  subvention pour l’épargne-études

  CES grant means a grant payable or paid under subsection 33.3(1). (subvention pour l’épargne-études)

  prescribed

  Version anglaise seulement

  prescribed means prescribed by regulations of the Governor in Council. (Version anglaise seulement)

• Marginal note:Income Tax Act expressions

  (2) Unless the contrary intention appears,

  • (a) an expression in this Part that is defined for the purposes of section 146.1 of the Income Tax Act has the same meaning in this Part as it has for the purposes of that section; and

  • (b) all other expressions in this Part have the same meanings as in the Income Tax Act.

Purpose of Part

Marginal note:Purpose

33.2 The purpose of this Part is to provide, through financial assistance, an incentive to individuals to finance the post-secondary education of children from an early age by means of savings in registered education savings plans.

Payments

Marginal note:Authority to pay CES grants

• 33.3 (1) Subject to this Part and the regulations, on application to the Minister in a form and manner approved by the Minister, the Minister may, on such terms and conditions as the Minister may specify by agreement between the Minister and the trustee of a trust governed by a registered education savings plan, pay a grant to the trustee for the benefit of the trust in respect of contributions made to the plan in 1998 or a subsequent year by subscribers under the plan in respect of a beneficiary under the plan, other than a beneficiary who was 17 years of age or older at the end of the preceding year, of an amount not exceeding the lesser of

  • (a) 20% of the contributions made in the year, and

  • (b) the amount of

    • (i) if the year is 1998, $400, and

    • (ii) in any other case, $800.

• Marginal note:Where no grant payable

  (2) No CES grant may be paid in respect of a contribution in respect of a beneficiary under a registered education savings plan unless

  • (a) the beneficiary’s Social Insurance Number is provided to the Minister; and

  • (b) the beneficiary is resident in Canada at the time the contribution is made.

• Marginal note:Interest

  (3) The Minister may in prescribed circumstances pay interest, determined in accordance with prescribed rules, in respect of a CES grant.

General

Marginal note:Recovery of payments and interest

33.4 An amount required to be repaid to the Minister under this Part or under an agreement entered into under this Part and any interest due in respect of the amount constitute a debt due to Her Majesty in right of Canada and is recoverable as such in the Federal Court or any other court of competent jurisdiction.

Marginal note:Access to information

• 33.5 (1) Subject to subsections (3) and (4) and except as otherwise prescribed, all information obtained in the course of the administration or enforcement of this Part is privileged and no person shall knowingly make it available or allow it to be made available to any other person except for the purpose of the administration or enforcement of this Part or the Income Tax Act.

• Marginal note:Social Insurance Number information

  (2) Subject to subsections (3) and (4), no person shall knowingly use, communicate or allow to be communicated the Social Insurance Number of an individual that was obtained for a purpose related to an application for a CES grant under this Part except for the purpose of the administration or enforcement of this Part or the Income Tax Act.

• Marginal note:Provisions of Canada Pension Plan re information applicable

  (3) Subject to subsection (4) and except as otherwise prescribed, sections 104 to 104.03, 104.05 to 104.08, 104.1 and 104.11 of the Canada Pension Plan relating to the protection of personal information apply, with such modifications as the circumstances require, to this Part and shall be read as if they were contained in this Part but, for the purposes of this Part,

  • (a) any matter or thing that is to be or may be prescribed under any of those sections is to be or may be prescribed under this Part;

  • (b) the Minister referred to in any of those sections shall be construed to be the Minister under this Act; and

  • (c) a reference in any of those sections to “representative” shall be read as “legal representative” in respect of information that is a Social Insurance Number.

• Marginal note:Restriction on application of certain provisions

  (4) Sections 104.05 to 104.07 of the Canada Pension Plan do not apply to this Part in respect of information received solely by reason of subparagraph 241(4)(d)(vii.1) of the Income Tax Act.

Marginal note:Regulations

33.6 The Governor in Council may make regulations for carrying out the purpose and provisions of this Part and, without limiting the generality of the foregoing, may make regulations

• (a) prescribing any matter or thing that by this Part is to be or may be prescribed;

• (b) establishing conditions that must be met by a registered education savings plan and by persons in respect of the plan before a CES grant may be paid in respect of the plan;

• (c) establishing the manner of determining the amount of a CES grant that may be paid in respect of contributions to registered education savings plans;

• (d) specifying terms and conditions to be included in agreements entered into between a trustee under a registered education savings plan and the Minister relating to the terms and conditions applicable to the payment of a CES grant and specifying, for inclusion in the agreements, in addition to such other conditions as the Minister deems appropriate, the obligations of a trustee under an agreement;

• (e) specifying circumstances under which all or part of any amount paid under this Part is to be repaid to the Minister; and

• (f) establishing, for the purpose of determining an amount required to be repaid under this Part in respect of CES grants, the manner of determining the portion, if any, of an educational assistance payment made under a registered education savings plan that is attributable to CES grants.

PART IVTransitional, Related and Conditional Amendments, Repeals and Coming into Force

Transitional Provisions

Marginal note:Positions

• 34 (1) Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this subsection, occupied a position

  • (a) in those portions of the public service of Canada in the Department of the Secretary of State of Canada referred to in clause (a)(i)(A) of Order in Council P.C. 1993-1488 of June 25, 1993, registered as SI/93-142, and known as the Student Assistance Branch, the Office of the Assistant Under-Secretary of State (Social Development and Regional Operations) other than the portion relating to translation and related services and other than the Native Citizens Directorate, and the Education Support Branch other than the Canadian Studies and Special Projects Directorate and other than the Youth Participation Directorate,

  • (b) in those portions of the public service of Canada in the Department of National Health and Welfare referred to in clause (a)(i)(B) of Order in Council P.C. 1993-1488 of June 25, 1993, registered as SI/93-142, and known as the Income Security Programs Branch and the Social Service Programs Branch, other than

    • (i) the New Horizons/Seniors Independence Programs, and

    • (ii) the portions thereof referred to in Order in Council P.C. 1993-1667 of August 11, 1993, registered as SI/93-167, and known as the Family Violence Prevention Division, the Children’s Bureau and attendant Brighter Futures programs, the Community Action Program for Children, HIV/AIDS Research and Development and the Seniors Independence Research Program,

  • (c) in the Canada Employment and Immigration Commission,

  • (d) in the Department of Employment and Immigration, and

  • (e) in the Department of Labour,

  except that the employee shall, on the coming into force of this subsection, occupy their position in the Department of Human Resources Development under the authority of the Deputy Minister of Human Resources Development.

• Marginal note:Definition of “employee”

  (2) In this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act.

Marginal note:Transfer of appropriations

35 Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada within the Department of Employment and Immigration or the Canada Employment and Immigration Commission and that, on the day on which this Act comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Department of Human Resources Development or the Canada Employment Insurance Commission, as the case may be.

Marginal note:Transfer of powers, duties and functions

• 36 (1) Wherever under any Act of Parliament, any instrument made under an Act of Parliament or any contract, lease, licence or other document, a power, duty or function is vested in or may be exercised or performed by any of the persons referred to in subsection (2) in relation to any matter to which the powers, duties and functions of the Minister of Human Resources Development extend by virtue of this Act, the power, duty or function is vested in or may be exercised or performed by the Minister of Human Resources Development, the Deputy Minister of Human Resources Development or the appropriate officer of the Department of Human Resources Development, as the case may be, unless the Governor in Council by order designates another minister, deputy minister or officer of the public service of Canada to exercise that power or perform that duty or function.

• Marginal note:Persons

  (2) For the purpose of subsection (1), the persons are

  • (a) the Minister of Employment and Immigration, the Minister of National Health and Welfare and the Secretary of State of Canada;

  • (b) the Deputy Minister of Employment and Immigration, the Deputy Minister of National Health and Welfare and the Under-Secretary of State of Canada; and

  • (c) any officer of the Department of Employment and Immigration, the Department of Labour, the Department of National Health and Welfare and the Department of the Secretary of State of Canada.

Marginal note:Where no Minister of Labour

• 37 (1) In the event that a Minister of Labour is not appointed pursuant to subsection 4(1), wherever, in any contract, lease, licence or other document a power, duty or function is vested in or may be exercised or performed by the Minister of Labour in relation to any matter to which the powers, duties and functions of the Minister of Human Resources Development extend by virtue of this Act, the power, duty or function is vested in or may be exercised or performed by the Minister of Human Resources Development, unless the Governor in Council by order designates another minister to exercise that power or perform that duty or function.

• Marginal note:Where no Deputy Minister of Labour

  (2) In the event that no Deputy Minister of Labour is designated or appointed, wherever, under any Act of Parliament, any instrument made under an Act of Parliament or any contract, lease, licence or other document a power, duty or function is vested in or may be exercised or performed by the Deputy Minister of Labour in relation to any matter to which the powers, duties and functions of the Minister of Human Resources Development extend by virtue of this Act, the power, duty or function is vested in or may be exercised or performed by the Deputy Minister of Human Resources Development, unless the Governor in Council by order designates another deputy minister to exercise that power or perform that duty or function.

Marginal note:Definitions

38 In this section and sections 39 to 41,

former Commission

ancienne commission

former Commission means the Canada Employment and Immigration Commission established by section 9 of the Employment and Immigration Department and Commission Act, as that section read immediately before the coming into force of this section; (ancienne commission)

new Commission

nouvelle commission

new Commission means the Canada Employment Insurance Commission continued by section 23. (nouvelle commission)

Marginal note:Commissioners

39 Each person, other than the Chairperson and the Vice-Chairperson, who holds office as a commissioner of the former Commission immediately before the coming into force of this section shall continue in office as a commissioner of the new Commission for the remainder of the term for which the person was appointed.

Marginal note:Rights and obligations transferred

• 40 (1) All rights and property of Her Majesty in right of Canada that are under the administration and control of the former Commission and all obligations and liabilities of the former Commission are hereby transferred to the new Commission.

• Marginal note:References

  (2) Every reference to the former Commission in a deed, contract or other document executed by the former Commission in its own name shall, unless the context otherwise requires, be read as a reference to the new Commission.

Marginal note:Commencement of legal proceedings

• 41 (1) Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the former Commission may be brought against the new Commission in any court that would have had jurisdiction if the action, suit or proceeding had been brought against the former Commission.

• Marginal note:Continuation of legal proceedings

  (2) Any action, suit or other legal proceeding to which the former Commission is party pending in any court immediately before the day on which this section comes into force may, on that day, be continued by or against the new Commission in the like manner and to the same extent as it could have been continued by or against the former Commission.

Marginal note:Members of the National Council of Welfare

42 Each person who holds office as a member of the National Council of Welfare immediately before the coming into force of this section shall continue in office for the remainder of the term for which the person was appointed.

Related Amendments

Access to Information Act

43 to 46 [Amendments]

Budget Implementation Act, 1995

46.1 [Amendment]

Canada Assistance Plan

47 and 48 [Amendments]

Canada Pension Plan

49 [Amendments]

Children’s Special Allowances Act

50 [Amendment]

Federal-Provincial Fiscal Arrangements and Federal Post-Secondary Education and Health Contributions Act

51 to 53 [Amendments]

Financial Administration Act

54 to 59 [Amendments]

Hazardous Materials Information Review Act

60 [Amendment]

Canadian Human Rights Act

61 [Amendment]

Immigration Act

62 [Amendment]

Income Tax Act

63 [Amendment]

Labour Adjustment Benefits Act

64 [Amendments]

Canada Labour Code

65 to 68 [Amendments]

Municipal Grants Act

69 and 70 [Amendments]

National Training Act

71 to 75 [Amendments]

Old Age Security Act

76 [Amendments]

Privacy Act

77 to 80 [Amendments]

Public Sector Compensation Act

81 to 83 [Amendments]

Public Service Staff Relations Act

84 [Amendment]

Public Service Superannuation Act

85 and 86 [Amendments]

Salaries Act

87 [Amendments]

Status of the Artist Act

88 [Amendment]

Unemployment Insurance Act

89 to 94 [Amendments]

References

95 [Amendments]

96 Every reference to the Minister of Employment and Immigration, the Minister of National Health and Welfare or the Secretary of State of Canada in any other Act of Parliament or in any order, regulation or other instrument made under an Act of Parliament shall be read as a reference to the Minister of Human Resources Development, unless the context otherwise requires or unless the relevant power, duty or function has been assigned to another Minister.

97 [Amendments]

98 Every reference to the Department of Employment and Immigration, the Department of Labour, the Department of National Health and Welfare or the Department of the Secretary of State of Canada in any other Act of Parliament or in any order, regulation or other instrument made under an Act of Parliament shall be read as a reference to the Department of Human Resources Development, unless the context otherwise requires or unless the relevant power, duty or function has been assigned to a Minister other than the Minister of Human Resources Development.

99 [Amendments]

100 Every reference to the Canada Employment and Immigration Commission in any other 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 Canada Employment Insurance Commission.

Conditional Amendments

101 and 102 [Amendments]

Repeals

103 to 106 [Repeals]

Coming into Force

Marginal note:Coming into force

*107 This Act or any provision of this Act or any provision of an Act enacted by this Act comes into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act, except section 32, subsection 49(2) and paragraph 101(a), in force July 12, 1996, see SI/96-70; section 32 in force May 1, 1997, see SI/97-56.]