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

Act current to 2019-08-28 and last amended on 2018-06-21. Previous Versions

PART 4Protection of Personal Information (continued)

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 section 35, 36 or 36.2 of this Act or in section 105 of the Canada Pension Plan, 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.

  • 2005, c. 34, s. 38
  • 2012, c. 19, s. 288

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, section 105 of the Canada Pension Plan, 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.

  • 2005, c. 34, s. 39
  • 2012, c. 19, s. 289

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 subsection 28.2(5) or (6), or a condition or agreement referred to

  • 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.

  • 2005, c. 34, s. 42
  • 2012, c. 19, s. 290

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);

  • (b) federal institutions, for the purposes of subsection 35(1), to which the information referred to in that subsection may be made available, and the federal or provincial laws or activities for whose administration or enforcement the information may be made available; and

  • (c) provincial activities, for the purposes of subsections 36(1) and 36.2(1), in respect of which the information referred to in those subsections may be made available.

  • 2005, c. 34, s. 43
  • 2012, c. 19, s. 291

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 full-time and part-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.

  • (3) [Repealed, 2014, c. 39, s. 252]

  • 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
  • 2014, c. 39, s. 252

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
 
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