Department of Social Development Act (S.C. 2005, c. 35)
Full Document:
Assented to 2005-07-20
Marginal note:Offence
36. (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 27(2) or section 29, 30 or 32.
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
37. The Governor in Council may, by regulation, prescribe
(a) individuals or classes of individuals for the purpose of the definition “public officer” in section 24; and
(b) federal institutions to which the information referred to in subsection 29(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 3TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND RELATED AMENDMENTS, COORDINATING AMENDMENT, REPEAL AND COMING INTO FORCE
Transitional Provisions
Marginal note:Minister and Deputy Minister
38. (1) Any person who holds, immediately before the day on which this section comes into force, the office styled Minister of Social Development or Deputy Minister of Social Development is deemed to have been appointed under this Act as Minister of Social Development or Deputy Minister of Social Development, respectively, on that day.
Marginal note:Employees
(2) Nothing in this Act shall be construed as affecting the status of an employee who occupied, immediately before the day on which this section comes into force, a position in the Department of Human Resources Development, except that the employee on that day shall occupy that position in the Department of Social Development.
Marginal note:National Council of Welfare
39. A person who holds office as a member of the National Council of Welfare immediately before the day on which this section comes into force shall continue in office for the remainder of the term for which they were appointed.
Marginal note:Transfer of powers, duties and functions
40. Any power, duty or function that, immediately before the day on which this section comes into force, was vested in or exercisable by the Minister of Human Resources Development, the Deputy Minister or an employee of the Department of Human Resources Development, the Minister to be styled Minister of Social Development or the Deputy Minister to be styled Deputy Minister of Social Development, under any Act, order, rule or regulation, or any contract, lease, licence or other document, is, on that day, vested in and exercisable by the Minister of Social Development, Deputy Minister or employee of the Department of Social 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:Transfer of appropriations
41. 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 Human Resources Development (Social Development) and that, on the day on which this section comes into force, is unexpended, is deemed to be an amount appropriated for defraying the charges and expenses of the Department of Social Development.
Consequential and Related Amendments
R.S., c. A-1Access to Information Act
42. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “Departments and Ministries of State”:
Department of Social Development
Ministère du Développement social
43. Schedule II to the Act is amended by replacing the reference to “section 104” opposite the reference to the Canada Pension Plan with a reference to “subsection 104.01(1)”.
44. Schedule II to the Act is amended by replacing the reference to “section 33” opposite the reference to the Old Age Security Act with a reference to “subsection 33.01(1)”.
R.S., c. C-8Canada Pension Plan
Marginal note:1997, c. 40, s. 88
45. Subsection 104(3) of the Canada Pension Plan is replaced by the following:
Marginal note:Purpose
(3) This section and sections 104.01 to 104.09, 104.101, 104.102 and 105 set out the rules that apply to the protection and the making available of information with respect to an individual that was obtained under this Act or prepared under this Act from that information.
Marginal note:1997, c. 40, s. 88
46. Subsections 104.01(1) to (3) of the Act are replaced by the following:
Marginal note:Protection of information
104.01 (1) Information with respect to an individual is privileged and shall not be made available except as authorized by this Act.
Marginal note:Availability of information on request of an individual
(2) 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 with respect to an individual may, on request in writing to the Minister by the individual or their representative, be made available to that individual or representative or, on the conditions that may be prescribed, to any person or body named in the request.
Marginal note:Availability of information to individuals and members of Parliament
(3) 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 by, or the division of unadjusted pensionable earnings or assignment of a retirement pension that affects, the individual under this Act.
Marginal note:1997, c. 40, s. 88
47. Section 104.02 of the Act is replaced by the following:
Marginal note:Availability of information within certain departments
104.02 Information may be made available to the Minister or a public officer of the Department of Social Development or the Department of Human Resources and Skills Development, or a commissioner of the Canada Employment Insurance Commission, for the purpose of the administration of a federal or provincial law or activity.
Marginal note:1997, c. 40, s. 88
48. (1) Subsection 104.03(1) of the Act is replaced by the following:
Marginal note:Availability of information within federal institutions
104.03 (1) Information may be made available to other ministers or public officers for the purpose of the administration of this Act.
(2) Section 104.03 of the Act is amended by adding the following after subsection (2):
Marginal note:Other federal institutions
(2.1) Information may also be made available to a minister or a public officer of a prescribed federal institution for the administration of a prescribed federal or provincial law or activity if the Minister considers it advisable and the information is made available subject to the conditions set out in an agreement between the Minister and the federal institution.
Marginal note:1997, c. 40, s. 88
49. Subsection 104.05(1) of the French version of the Act is replaced by the following:
Marginal note:Communication aux provinces
104.05 (1) Les renseignements peuvent être rendus accessibles — pour la mise en oeuvre d’une loi ou d’une activité fédérales ou d’une loi provinciale — au gouvernement d’une province ou à un organisme public créé sous le régime d’une loi provinciale, si le ministre l’estime indiqué et, le cas échéant, sont rendus accessibles aux conditions fixées par un accord conclu entre le ministre et ce gouvernement ou cet organisme.
Marginal note:1997, c. 40, s. 88
50. Subsection 104.06(3) of the Act is repealed.
Marginal note:1997, c. 40, s. 88
51. Sections 104.08 and 104.09 of the Act are replaced by the following:
Marginal note:Evidence and production of documents
104.08 Despite any other Act or law, the Minister and public officers shall not be required, in connection with any legal proceedings, to give evidence relating to information that is privileged under subsection 104.01(1) 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.
Marginal note:Offence
104.09 (1) Every person or body commits an offence who knowingly makes available information that is privileged under this Act, or who knowingly uses or allows such information to be used, otherwise than in accordance with this Act, any condition referred to in section 104.01, 104.03, 104.05, 104.06 or 104.101 or an agreement referred to in section 104.05, 104.06, 104.101 or 105.
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.
52. The Act is amended by adding the following after section 104.1:
Marginal note:Research or statistical purposes
104.101 Information may be made available for research or statistical purposes to any person or body, including one referred to in any of sections 104.03 to 104.06 or 105, if
(a) the Minister is of the opinion that the research or statistical purposes are consistent with the principles set out in paragraphs 104.102(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
104.102 (1) The use of information by the Minister and by public officers of the Department of Social Development 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 under the Department of Social Development Act;
(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 sections 104 to 104.08, 104.101 and 105 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.
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