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

Search

Version of document from 2012-12-14 to 2013-02-28:

Department of Human Resources and Skills Development Act

S.C. 2005, c. 34

Assented to 2005-07-20

An Act to establish the Department of Human Resources and Skills Development and to amend and repeal certain related Acts

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

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

Interpretation

Marginal note:Definitions

 The following definitions apply in this Act.

Commission

Commission

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

Minister

ministre

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

Tribunal

Tribunal

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

  • 2005, c. 34, s. 2
  • 2012, c. 19, s. 223

PART 1Department of Human Resources and Skills Development

Establishment

Marginal note:Department established

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

  • Marginal note:Human Resources and Skills Development Canada

    (2) The expressions “Human Resources and Skills Development Canada” and “Ressources humaines et Développement des compétences 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 Human Resources and Skills Development” and the “ministère des Ressources humaines et du Développement des compétences”, respectively.

  • Marginal note:Minister

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

Marginal note:Deputy Minister

  •  (1) The Governor in Council may appoint an officer called the Deputy Minister of Human Resources and Skills 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 and Skills 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 Human Resources and Skills 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 Human Resources and Skills 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

  •  (1) The powers, duties and functions of the Minister extend to and include all matters relating to human resources and skills development in 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 assigned by subsection (1) 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.

Marginal note:Powers

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

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

  • (b) cooperate with provincial authorities with a view to coordinating efforts for human resources and skills development.

Marginal note:Programs

 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, and the Minister may make grants and contributions in support of the programs.

Interdepartmental Services

Marginal note:Services

  •  (1) The Department and the Commission may provide services to, and receive services from, the Department of Social Development.

  • Marginal note:Amounts recovered

    (2) The Minister may, with the approval of the Treasury Board, fix the amounts or the manner of determining the amounts to be recovered for services provided to the Department of Social Development. The amounts may not exceed the cost of providing the services.

  • Marginal note:Amounts received

    (3) Subject to conditions imposed by the Treasury Board, any amounts received by the Department for services may be used by the Department for its purposes.

Committees

Marginal note:Committees

  •  (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

 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

 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

 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

  •  (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

 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

  •  (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

  •  (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

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

PART 2Minister of Labour

Marginal note:Minister of Labour

  •  (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.

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: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 any treaty respecting labour cooperation referred to in the schedule shall be paid into the Consolidated Revenue Fund and credited to a special account in the accounts of Canada to be known as the Labour Cooperation Treaties Account.

  • Marginal note:Additional credits to the Account

    (2) If an amount is assessed against Canada by a panel determination under 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

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 Human Resources and Skills Development, who shall be the Chairperson of the Commission;

    • (b) an Associate Deputy Minister of Human Resources and Skills 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

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: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:Calculations

    (4) The Commission may request the Canada Employment Insurance Financing Board established under subsection 3(1) of the Canada Employment Insurance Financing Board Act to perform calculations for the purposes of sections 4 and 69 of the Employment Insurance Act in accordance with an agreement between the Commission and that Board.

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

 [Repealed, 2008, c. 28, s. 133]

Audit

Marginal note:Audit by Auditor General

 The Auditor General of Canada shall annually audit the accounts and financial transactions of the Commission for the previous fiscal year. The Auditor General shall also audit the Employment Insurance Operating Account established by section 70.2 of the Employment Insurance Act, and a report of that audit shall be made to the Minister.

  • 2005, c. 34, s. 29
  • 2010, c. 12, s. 2201

PART 4Protection of Personal Information

Marginal note:Definitions

  •  (1) The following definitions apply in this Part.

    administration

    mise en oeuvre

    administration, in respect of programs, includes development, operation and evaluation. (mise en oeuvre)

    federal institution

    institution fédérale

    federal institution means a department or any other body referred to in a schedule to the Financial Administration Act. (institution fédérale)

    information

    renseignements

    information means personal information as defined in section 3 of the Privacy Act, except that the portion of that definition between paragraphs (i) and (j) shall be read as “but, for the purposes of this Part, does not include”. (renseignements)

    program

    programme

    program, except in subsection (2), means any program the administration or enforcement of which is the responsibility of the Minister or the Commission and includes any legislation, policy or activity the administration or enforcement of which is their responsibility. (programme)

    public officer

    fonctionnaire public

    public officer means an officer or employee of a federal institution, a prescribed individual or a member of a prescribed class of individuals. (fonctionnaire public)

  • Marginal note:Interpretation

    (2) For the purposes of this Part, a reference to the Minister includes the Minister of Labour in respect of any program, legislation, policy or activity the administration or enforcement of which is the responsibility of the Minister of Labour.

  • Marginal note:Exclusion

    (3) This Part does not apply to the making available of information referred to in subsection 139(5) of the Employment Insurance Act.

Marginal note:Purpose

 This Part sets out the rules that apply to the protection and the making available of information that is obtained by the Minister or the Commission under a program or prepared from that information. This Part also sets out principles for the use of information for research purposes.

Marginal note:Protection of information

 Information is privileged and shall not be made available except as authorized by this Part.

Marginal note:Availability of information on request of an individual

  •  (1) 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 may be made available to the individual on their request in writing to the Minister.

  • Marginal note:Availability of information to representatives and members of Parliament

    (2) On the conditions that the Minister considers advisable, and 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 the receipt of a benefit or other assistance by the individual under a program, or is relevant to any other matter that affects the individual under a program.

Marginal note:Availability of information for a program

  •  (1) Information may be made available to any person or body for the administration or enforcement of the program for which it was obtained or prepared.

  • Marginal note:Availability of information within the Department

    (2) Information may be made available to the Commission or a public officer of the Department for the administration or enforcement of a program.

Marginal note:Availability of information to Department of Social Development

  •  (1) Information may be made available to the Minister of Social Development, or any public officer of the Department of Social Development, for the administration or enforcement of the Canada Pension Plan, the Old Age Security Act or a program as defined in section 24 of the Department of Social Development Act.

  • Marginal note:Availability of information to other federal institutions

    (2) Information may be made available to a minister or a public officer of a prescribed federal institution, other than the Department of Social Development, for the administration or enforcement of a prescribed federal or provincial law or activity if the Minister considers it advisable and the information is made available subject to conditions agreed upon by the Minister and the federal institution.

  • Marginal note:Secondary release of information

    (3) Information obtained under subsection (2) shall not be made available to any other person or body unless the Minister considers it advisable, the information is made available for the same purpose and it is subject to conditions agreed upon by the Minister and the federal institution.

Marginal note:Availability of information to provincial authorities

  •  (1) Information may be made available to the government of a province, or to a public body created under the law of a province, for the administration or enforcement of a federal law or activity or a provincial law if the Minister considers it advisable and the information is made available subject to conditions agreed upon by the Minister and the government or body.

  • Marginal note:Availability of information to foreign states and bodies

    (2) Information may be made available to the government of a foreign state, an international organization of states or an international organization established by the governments of states, or any institution of any such government or organization, for the administration or enforcement of a law if the Minister considers it advisable and the information is made available subject to conditions agreed upon by the Minister and the government, organization or institution.

  • Marginal note:Secondary release of information

    (3) Information obtained under this section by a government, public body, organization or institution shall not be made available to any other person or body unless the Minister considers it advisable, the information is made available for the same purpose and it is subject to conditions agreed upon by the Minister and the government, public body, organization or institution.

Marginal note:Public interest

  •  (1) Despite sections 33 to 36, information may be made available if the Minister is of the opinion that the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure or that disclosure would clearly benefit the individual to whom the information relates.

  • Marginal note:Notice of disclosure

    (2) The Minister shall notify the Privacy Commissioner appointed under section 53 of the Privacy Act in writing of any disclosure of information under subsection (1) prior to the disclosure where reasonably practicable or in any other case without delay after the disclosure. The Privacy Commissioner may, if he or she deems it appropriate, notify the individual to whom the information relates of the disclosure.

Marginal note:Research or statistical purposes

 Information may be made available for research or statistical purposes to any person or body, including a person or body referred to in subsection 35(2) or (3) or section 36, if

  • (a) the Minister is of the opinion that the research or statistical purposes are consistent with the principles set out in paragraphs 39(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

  •  (1) The use of information by the Minister and by public officers of the Department 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;

    • (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 the provisions of this Part 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.

Marginal note:Evidence and production of documents

 Despite any other Act or law, the Minister, the members of the Commission and public officers shall not be required, in connection with any legal proceedings, to give evidence relating to information that is privileged under section 32 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 or the legal proceeding directly concerns the administration or enforcement of a program.

Marginal note:Agreements authorizing the obtaining of information

 The Minister may enter into agreements to obtain information for the administration or enforcement of a program with federal institutions, governments of provinces or public bodies created under provincial law, governments of foreign states, international organizations of states or international organizations established by the governments of states, any institution of any such government or organization, and other persons or bodies.

Marginal note:Offence

  •  (1) Every person or body commits an offence if they knowingly make available information that is privileged under this Part, or knowingly use or allow such information to be used, otherwise than in accordance with this Part or a condition or agreement referred to in subsection 33(2) or section 35, 36 or 38.

  • 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.

Marginal note:Regulations

 The Governor in Council may, by regulation, prescribe

  • (a) individuals or classes of individuals for the purpose of the definition public officer in subsection 30(1); and

  • (b) federal institutions to which the information referred to in subsection 35(2) may be made available, and the federal or provincial laws or activities for whose administration or enforcement the information may be made available.

PART 5Social Security Tribunal

Establishment and Administration

Marginal note:Establishment of Tribunal

  •  (1) There is established a tribunal to be known as the Social Security Tribunal, consisting of a General Division and an Appeal Division.

  • Marginal note:General Division

    (2) The General Division consists of the Income Security Section and the Employment Insurance Section.

  • 2005, c. 34, ss. 44, 83
  • 2012, c. 19, s. 224

Marginal note:Composition

  •  (1) The Tribunal consists of not more than 74 full-time members to be appointed by the Governor in Council.

  • Marginal note:Chairperson and Vice-chairpersons

    (2) The Governor in Council designates one of the full-time members to hold office as the Chairperson and three full-time members to hold office as Vice-chairpersons, one of whom is responsible for the Appeal Division, one of whom is responsible for the Income Security Section and one of whom is responsible for the Employment Insurance Section.

  • Marginal note:Part-time members

    (3) In addition, the Tribunal consists of any number of part-time members, to be appointed by the Governor in Council if, in the Governor in Council’s opinion, the workload of the Tribunal so requires, so long as the combined time devoted to their functions and duties does not exceed the combined time that would be devoted by 11 full-time members.

  • Marginal note:Mandate

    (4) Each full-time member of the Tribunal is to be appointed for a term of not more than five years, and each part-time member is to be appointed for a term of not more than two years. A member may be reappointed for one or more additional terms.

  • Marginal note:Tenure

    (5) Each member of the Tribunal holds office during good behaviour and may be removed for cause by the Governor in Council at any time.

  • 2005, c. 34, ss. 45, 83
  • 2012, c. 19, s. 224

Marginal note:Vice-chairpersons

  •  (1) Each Vice-chairperson exercises any powers and performs any duties and functions that the Chairperson may assign.

  • Marginal note:Members

    (2) Each member exercises any powers and performs any duties and functions that the Vice-chairperson who is responsible for the Division or Section for which they hear matters may assign.

  • Marginal note:Assignment

    (3) Subject to section 47, the Chairperson may assign members to hear matters in the Appeal Division, the Income Security Section or the Employment Insurance Section.

  • 2005, c. 34, ss. 46, 83
  • 2012, c. 19, s. 224

Marginal note:Employment Insurance Section

 The Minister must consult a committee composed of the Chairperson of the Tribunal and the commissioners referred to in paragraphs 20(2)(c) and (d) before recommending to the Governor in Council any person to be appointed as a member of the Tribunal who may hear matters in the Employment Insurance Section.

  • 2005, c. 34, ss. 47, 83
  • 2012, c. 19, s. 224

Marginal note:Full-time occupation

  •  (1) Each full-time member of the Tribunal must devote the whole of their time to the performance of their duties under this Act.

  • Marginal note:Part-time members

    (2) A part-time member of the Tribunal must not accept or hold any office or employment inconsistent with their duties under this Act.

  • 2005, c. 34, ss. 48, 83
  • 2012, c. 19, s. 224

Marginal note:Remuneration

  •  (1) Each member of the Tribunal is paid the remuneration fixed by the Governor in Council.

  • Marginal note:Expenses — full-time members

    (2) Each full-time member of the Tribunal is entitled to be paid reasonable travel and living expenses incurred by them while absent from their ordinary place of work in the course of performing their duties under this Act.

  • Marginal note:Expenses — part-time members

    (3) Each part-time member of the Tribunal is entitled to be paid reasonable travel and living expenses incurred by them while absent from their ordinary place of residence in the course of performing their duties under this Act.

  • Marginal note:Federal public administration

    (4) Members of the Tribunal are deemed to be 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.

  • Marginal note:Not employed in public service

    (5) Unless the Governor in Council otherwise orders in a class of cases, members of the Tribunal are deemed not to be employed in the public service for the purposes of the Public Service Superannuation Act.

  • 2005, c. 34, s. 49
  • 2012, c. 19, s. 224

Marginal note:Immunity

 No civil proceedings lie against any member of the Tribunal for anything done or said in good faith in the exercise or purported exercise of a power or in the performance or purported performance of a duty or function of the Tribunal.

  • 2005, c. 34, s. 50
  • 2012, c. 19, s. 224

Marginal note:Absence — Chairperson

  •  (1) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-chairperson of the Appeal Division acts as Chairperson and may exercise all the powers and perform all the duties and functions of the Chairperson.

  • Marginal note:Absence — other

    (2) If subsection (1) does not apply owing to the absence or incapacity of the Vice-chairperson of the Appeal Division, or if the office of Vice-chairperson of the Appeal Division is vacant, the Minister may authorize another Vice-chairperson to act as Chairperson and that Vice-chairperson may exercise all the powers and perform all the duties and functions of the Chairperson.

  • Marginal note:Absence — Vice-chairperson

    (3) In the event of the absence or incapacity of a Vice-chairperson or if the office of a Vice-chairperson is vacant, the Chairperson may authorize a member to act, on any terms and conditions that the Chairperson may specify, as Vice-chairperson for the time being.

  • 2005, c. 34, ss. 51, 82(E)
  • 2012, c. 19, s. 224

Organization of Tribunal

Appeal to Tribunal — General Division

Marginal note:Appeal — time limit

  •  (1) An appeal of a decision must be brought to the General Division in the prescribed form and manner and within,

    • (a) in the case of a decision made under the Employment Insurance Act, 30 days after the day on which it is communicated to the appellant; and

    • (b) in any other case, 90 days after the day on which the decision is communicated to the appellant.

  • Marginal note:Extension

    (2) The General Division may allow further time within which an appeal may be brought, but in no case may an appeal be brought more than one year after the day on which the decision is communicated to the appellant.

  • 2005, c. 34, ss. 52, 82(E)
  • 2012, c. 19, s. 224

Marginal note:Dismissal

  •  (1) The General Division must summarily dismiss an appeal if it is satisfied that it has no reasonable chance of success.

  • Marginal note:Decision

    (2) The General Division must give written reasons for its decision and send copies to the appellant and the Minister or the Commission, as the case may be, and any other party.

  • Marginal note:Appeal

    (3) The appellant may appeal the decision to the Appeal Division.

  • 2005, c. 34, s. 53
  • 2012, c. 19, s. 224

Marginal note:Decision

  •  (1) The General Division may dismiss the appeal or confirm, rescind or vary a decision of the Minister or the Commission in whole or in part or give the decision that the Minister or the Commission should have given.

  • Marginal note:Reasons

    (2) The General Division must give written reasons for its decision and send copies to the appellant and the Minister or the Commission, as the case may be, and any other party.

  • 2005, c. 34, s. 54
  • 2012, c. 19, s. 224

Appeal Division

Marginal note:Appeal

 Any decision of the General Division may be appealed to the Appeal Division by any person who is the subject of the decision and any other prescribed person.

  • 2005, c. 34, s. 55
  • 2012, c. 19, s. 224

Marginal note:Leave

  •  (1) An appeal to the Appeal Division may only be brought if leave to appeal is granted.

  • Marginal note:Exception

    (2) Despite subsection (1), no leave is necessary in the case of an appeal brought under subsection 53(3).

  • 2005, c. 34, s. 56
  • 2012, c. 19, s. 224

Marginal note:Appeal — time limit

  •  (1) An application for leave to appeal must be made to the Appeal Division in the prescribed form and manner and within,

    • (a) in the case of a decision made by the Employment Insurance Section, 30 days after the day on which it is communicated to the appellant; and

    • (b) in the case of a decision made by the Income Security Section, 90 days after the day on which the decision is communicated to the appellant.

  • Marginal note:Extension

    (2) The Appeal Division may allow further time within which an application for leave to appeal is to be made, but in no case may an application be made more than one year after the day on which the decision is communicated to the appellant.

  • 2005, c. 34, s. 57
  • 2012, c. 19, s. 224

Marginal note:Grounds of appeal

  •  (1) The only grounds of appeal are that

    • (a) the General Division failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;

    • (b) the General Division erred in law in making its decision, whether or not the error appears on the face of the record; or

    • (c) the General Division based its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it.

  • Marginal note:Criteria

    (2) Leave to appeal is refused if the Appeal Division is satisfied that the appeal has no reasonable chance of success.

  • Marginal note:Decision

    (3) The Appeal Division must either grant or refuse leave to appeal.

  • Marginal note:Reasons

    (4) The Appeal Division must give written reasons for its decision to grant or refuse leave and send copies to the appellant and any other party.

  • Marginal note:Leave granted

    (5) If leave to appeal is granted, the application for leave to appeal becomes the notice of appeal and is deemed to have been filed on the day on which the application for leave to appeal was filed.

  • 2005, c. 34, s. 58
  • 2012, c. 19, s. 224

Marginal note:Decision

  •  (1) The Appeal Division may dismiss the appeal, give the decision that the General Division should have given, refer the matter back to the General Division for reconsideration in accordance with any directions that the Appeal Division considers appropriate or confirm, rescind or vary the decision of the General Division in whole or in part.

  • Marginal note:Reasons

    (2) The Appeal Division must give written reasons for its decision and send copies to the appellant and any other party.

  • 2005, c. 34, s. 59
  • 2012, c. 19, s. 224

General

Marginal note:Head office

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

  • Marginal note:Residence

    (2) The Chairperson and the Vice-chairpersons must reside within the distance from the place referred to in subsection (1) that is determined by the Governor in Council.

  • 2005, c. 34, s. 60
  • 2012, c. 19, s. 224

Marginal note:Tribunal sittings

 Every application to the Tribunal is to be heard before a single member.

  • 2005, c. 34, ss. 61, 83
  • 2012, c. 19, s. 224

Marginal note:Tribunal hearings

 All or part of a Tribunal hearing may be held in private if the Tribunal is of the opinion that the circumstances of the case so require.

  • 2005, c. 34, s. 62
  • 2012, c. 19, s. 224

Marginal note:Expenses and allowances

 The Chairperson may in any particular case for special reasons reimburse any party required to attend a hearing for travel or living expenses or pay to them any other allowance, including compensation for lost remuneration, as are fixed by the Minister.

  • 2005, c. 34, s. 63
  • 2012, c. 19, s. 224

Marginal note:Powers of tribunal

  •  (1) The Tribunal may decide any question of law or fact that is necessary for the disposition of any application made under this Act.

  • Marginal note:Canada Pension Plan

    (2) Despite subsection (1), in the case of an application relating to the Canada Pension Plan, the Tribunal may only decide questions of law or fact as to

    • (a) whether any benefit is payable to a person or its amount;

    • (b) whether any person is eligible for a division of unadjusted pensionable earnings or its amount;

    • (c) whether any person is eligible for an assignment of a contributor’s retirement pension or its amount; and

    • (d) whether a penalty should be imposed under Part II of that Act or its amount.

  • Marginal note:Employment Insurance Act

    (3) If a question specified in section 90 of the Employment Insurance Act arises in the consideration of an application, it must be determined by an authorized officer of the Canada Revenue Agency, as provided by that section.

  • 2005, c. 34, s. 64
  • 2012, c. 19, s. 224, c. 31, s. 204

Marginal note:Canada Pension Plan

 If, in the Minister’s opinion, a person in addition to the appellant may be directly affected by the decision of the Tribunal relating to any of the following appeals, the Minister must notify the Tribunal of all such persons, and the Tribunal must add as a party to the appeal any such person who is not already a party to it:

  • (a) an appeal in respect of a survivor’s pension payable to the survivor of a deceased contributor within the meaning of the Canada Pension Plan;

  • (b) an appeal in respect of a division of unadjusted pensionable earnings under section 55, 55.1 or 55.2 of the Canada Pension Plan; or

  • (c) an appeal in respect of an assignment of a contributor’s retirement pension under section 65.1 of the Canada Pension Plan.

  • 2005, c. 34, s. 65
  • 2012, c. 19, s. 224

Marginal note:Amendment of decision

  •  (1) The Tribunal may rescind or amend a decision given by it in respect of any particular application if

    • (a) in the case of a decision relating to the Employment Insurance Act, new facts are presented to the Tribunal or the Tribunal is satisfied that the decision was made without knowledge of, or was based on a mistake as to, some material fact; or

    • (b) in any other case, a new material fact is presented that could not have been discovered at the time of the hearing with the exercise of reasonable diligence.

  • Marginal note:Time limit

    (2) An application to rescind or amend a decision must be made within one year after the day on which a decision is communicated to the appellant.

  • Marginal note:Limit

    (3) Each person who is the subject of a decision may make only one application to rescind or amend that decision.

  • Marginal note:Division

    (4) A decision is rescinded or amended by the same Division that made it.

  • 2005, c. 34, s. 66
  • 2012, c. 19, s. 224

Marginal note:Time limits

 The Chairperson or a Vice-Chairperson may in any particular case for special reasons extend the time within which the Tribunal is required by regulation to make a decision under subsections 54(1), 58(3) and 59(1).

  • 2005, c. 34, s. 67
  • 2012, c. 19, s. 224

Marginal note:Decision final

 The decision of the Tribunal on any application made under this Act is final and, except for judicial review under the Federal Courts Act, is not subject to appeal to or review by any court.

  • 2005, c. 34, ss. 68, 83
  • 2012, c. 19, s. 224

Regulations

Marginal note:Governor in Council

 The Governor in Council may make regulations respecting the manner in which the Tribunal may conduct its business, including regulations respecting

  • (a) the procedure to be followed on appeals to the Tribunal;

  • (b) the circumstances under which information is deemed to have been communicated or received;

  • (c) the time within which the Tribunal must make a decision under subsections 54(1), 58(3) and 59(1);

  • (d) any special reasons for the purposes of section 63;

  • (e) the power to exclude any person from a hearing when oral evidence concerning a circumstance of sexual or other harassment is being given; and

  • (f) anything that, by this Part, is to be prescribed by regulation.

  • 2005, c. 34, ss. 69, 83
  • 2012, c. 19, s. 224

Marginal note:Regulations — electronic documents and electronic information

  •  (1) The Governor in Council may, for the purposes of this Part, make regulations referred to in paragraphs 73(1)(c), (d) and (f).

  • Marginal note:Regulations — definitions

    (2) The Governor in Council may, for the purposes of regulations made under subsection (1), make regulations defining electronic, electronic document, electronic information, electronic signature and technology.

  • Marginal note:Incorporation by reference

    (3) Subsections 73(2) to (5) apply to regulations made under this section.

  • 2005, c. 34, s. 70
  • 2012, c. 19, s. 224

PART 6Electronic Administration or Enforcement

Marginal note:Powers

  •  (1) Subject to the regulations, the Minister may administer or enforce electronically the Canada Pension Plan, the Old Age Security Act, the Employment Insurance Act and any program which is supported by grants or contributions under section 7, and the Commission may administer or enforce electronically the Employment Insurance Act, including for the purposes of

    • (a) creating, communicating, making available, collecting, receiving, storing, or managing or otherwise dealing with documents or information;

    • (b) providing any services, benefits or other assistance;

    • (c) providing notifications;

    • (d) verifying the identity of a person or entity;

    • (e) entering into agreements or arrangements; and

    • (f) making, receiving or verifying an electronic signature.

  • Marginal note:Restriction

    (2) The Minister and the Commission must not require persons or entities to apply electronically for, or receive electronically, services, benefits or other assistance except for classes of persons or entities and those services, benefits or other assistance that are prescribed by the regulations.

  • 2005, c. 34, ss. 71, 83
  • 2012, c. 19, s. 224

Marginal note:Electronic manner of filing documents

  •  (1) Unless another manner of filing a document or information is expressly required by a provision of the Canada Pension Plan, the Old Age Security Act or the Employment Insurance Act or any of their regulations, or a term or condition of any program which is supported by grants or contributions under section 7, the filing of an electronic version of the document or information is to be considered as the filing of a document or information in accordance with the provision or the term or condition.

  • Marginal note:Power to prescribe form or manner of filing

    (2) A provision of the Canada Pension Plan, the Old Age Security Act or the Employment Insurance Act or any of their regulations, or a term or condition of any program which is supported by grants or contributions under section 7, that provides for a power to issue, prescribe or in any other manner establish a form or to establish the manner of filing a document or information includes the power to do so with respect to an electronic document or information.

  • Marginal note:Written documents or information

    (3) A requirement under a provision of the Canada Pension Plan, the Old Age Security Act or the Employment Insurance Act or any of their regulations, or a term or condition of any program which is supported by grants or contributions under section 7, that a document be in writing or information be provided in writing is satisfied by an electronic document or information if the electronic document or information

    • (a) is readable or perceivable so as to be usable for subsequent reference;

    • (b) is in a format that does not prevent it from being retained by the recipient; and

    • (c) meets the prescribed requirements, if any.

  • Marginal note:Signatures

    (4) A requirement under a provision of the Canada Pension Plan, the Old Age Security Act or the Employment Insurance Act or any of their regulations, or a term or condition of any program which is supported by grants or contributions under section 7, for a signature is satisfied by an electronic signature if the electronic signature

    • (a) is reliable for the purposes for which it is required;

    • (b) is reliably linked with the electronic document in respect of which the signature is required; and

    • (c) meets the prescribed requirements, if any.

  • Meaning of filing

    (5) In this section, filing includes all manner of transmitting, regardless of how it is designated.

  • 2005, c. 34, s. 72
  • 2012, c. 19, s. 224

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations

    • (a) providing for circumstances in which subsection 71(1) does not apply;

    • (b) defining, enlarging or restricting the meaning of any word or expression used but not defined in this Part;

    • (c) respecting the creation, communication, making available, collection, reception, storage or management of, or any other method of dealing with, electronic documents or electronic information, and their admissibility in any proceedings, including establishing

      • (i) criteria for the reliability of electronic documents, electronic information or electronic signatures,

      • (ii) the date and hour when an electronic document or electronic information is considered to be sent or received and the place where it is considered to be sent or received,

      • (iii) the technology to be used and process to be followed for making, receiving or verifying an electronic signature, and

      • (iv) whether an electronic document must be signed with an electronic signature;

    • (d) establishing criteria for the validity of an agreement or arrangement entered into electronically;

    • (e) respecting terms and conditions for providing or receiving electronically services, benefits or other assistance, including the payment of amounts electronically;

    • (f) respecting the technology to be used and the process to be followed for verifying electronically the identity of any person or entity;

    • (g) respecting the establishment and operation of electronic systems or any other technology to be used in the administration or enforcement of the Canada Pension Plan, the Old Age Security Act and the Employment Insurance Act and any program which is supported by grants or contributions under section 7 and respecting the manner in which and the extent to which any provision of those Acts or their regulations or any term or condition of those programs applies to the electronic systems; and

    • (h) prescribing anything that by this Part is to be prescribed.

  • Marginal note:Incorporation by reference

    (2) A regulation made under this section may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.

  • Marginal note:Accessibility

    (3) The Minister shall ensure that any document that is incorporated by reference in the regulation is accessible.

  • Marginal note:Defence

    (4) A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in the regulation is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (3) or it was otherwise accessible to the person.

  • Marginal note:No registration or publication

    (5) For greater certainty, a document that is incorporated by reference in the regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

  • 2005, c. 34, s. 73
  • 2012, c. 19, s. 224

 [Repealed, 2012, c. 19, s. 224]

 [Repealed, 2012, c. 19, s. 224]

 [Repealed, 2012, c. 19, s. 224]

 [Repealed, 2012, c. 19, s. 224]

 [Repealed, 2012, c. 19, s. 224]

 [Repealed, 2012, c. 19, s. 224]

 [Repealed, 2012, c. 19, s. 224]

 [Repealed, 2012, c. 19, s. 224]

 [Repealed, 2012, c. 19, s. 224]

 [Repealed, 2012, c. 19, s. 224]

 [Repealed, 2012, c. 19, s. 224]

 [Repealed, 2012, c. 19, s. 224]

SCHEDULE(Subsections 19.1(1) and (2))Treaties

  • The Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009, as amended from time to time in accordance with Article 22 of that Agreement.
  • The Agreement on Labour Cooperation between Canada and the Republic of Colombia, signed on November 21, 2008, as amended from time to time in accordance with Article 30 of that Agreement.
  • The Agreement on Labour Cooperation between Canada and the Republic of Peru, signed on May 29, 2008, as amended from time to time in accordance with Article 30 of that Agreement.
  • 2009, c. 16, s. 51
  • 2010, c. 4, s. 43
  • 2012, c. 18, s. 41

Date modified: