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

Short Title

Marginal note:Short title

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

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Act.

Commission

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

Minister

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

partner entity

partner entity means

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

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

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

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

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

Tribunal

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

PART 1Department of Employment and Social Development

Continuation

Marginal note:Department continued

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

• Marginal note:Employment and Social Development Canada

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

• Marginal note:Minister

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

Marginal note:Deputy Minister

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

• Marginal note:Associate Deputy Ministers

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

• Marginal note:Deputy Minister of Labour

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

Powers, Duties and Functions of the Minister

Marginal note:Powers, duties and functions

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

• Marginal note:Exercise of powers

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

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

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

Marginal note:Service delivery to public

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

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

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

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

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

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

    • (ii) the administration of social media accounts,

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

    • (iv) online citizen engagement, and

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

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

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

• Marginal note:Authorization — Governor in Council

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

• Marginal note:Exercise of powers

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

Marginal note:Fees — services and facilities

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

• Marginal note:Spending authority

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

Marginal note:Powers

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

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

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