Employment Insurance Regulations

89 (1) The definitions in this subsection apply in this section.

Canadian citizen

Canadian citizen means citizen as in the Citizenship Act. (citoyen canadien)

permanent resident

permanent resident has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (résident permanent)

registration

registration means registration with the Commission under section 138 or 139 of the Act. (enregistrement)

status

status means status with respect to the laws governing Canadian citizenship or immigration into Canada. (statut)

(2) Every person who is required by section 138 of the Act to be registered and who has not previously been registered shall apply to the Commission for registration within three days after becoming employed in insurable employment.

(3) Every application for the registration of a person shall be made in the form and manner required by the Commission, shall be accompanied by such documents and other information as is sufficient to determine the identity and status of the person, and shall contain the following information in respect of the person, namely,

• (a) full name;

• (b) name at birth, if it differs from the person's name at the time of the application;

• (c) date of birth;

• (d) place of birth;

• (e) mother's full name at birth; and

• (f) father's full name at birth.

(4) Subject to subsections (5) and (6), an application for registration of a person shall be made and signed by the person or by that person's legal representative or legal guardian or, where that person is unable to sign their name, the person may attest the application by making their mark in the presence of two witnesses who shall sign the application.

(5) An application for registration of a person who is under 12 years of age shall be made and signed by a parent or by the legal guardian of the person.

(6) Where an agreement providing for registration at birth has been made between the Commission and the government of the province where a person was born, an application for the registration of that person may be made and signed by the official responsible for such registration in that province.

(7) Where an application is made in accordance with subsection (3) in respect of a person who has not previously been registered, the Commission may register the person and assign a Social Insurance Number to the person, notwithstanding the absence of the signature or the mark and signatures required by subsection (4).

(8) Where a person who is required by law to have a Social Insurance Number is unwilling or unable to complete an application for registration because of religious beliefs or for other reasons, the Commission may register the person and assign a Social Insurance Number to that person, if the information it has in respect of that person is sufficient to determine the person's identity and status.

(9) Every application for the registration of a person who is in Canada, who is not a Canadian citizen or a permanent resident and in respect of whom the Minister of Citizenship and Immigration has, in accordance with section 90 of the Immigration and Refugee Protection Act, directed the Commission to issue a Social Insurance Number Card shall be accompanied by, in addition to the documents and information described in subsection (3), the grounds that support the application.

(10) Every application for the registration of a person who is not in Canada, who is not a Canadian citizen or a permanent resident and in respect of whom the Minister of Citizenship and Immigration has, in accordance with section 90 of the Immigration and Refugee Protection Act, directed the Commission to issue a Social Insurance Number Card shall be accompanied by, in addition to the documents and information described in subsection (3), the grounds that support the application.

(10.1) The Commission shall issue to each person described in subsection (9) or (10) who meets the applicable requirements set out in this section a Social Insurance Number Card that bears a number beginning with the digit "9".

(10.2) Subject to subsection (10.4), on or after March 30, 2003, every Social Insurance Number Card issued to a person described in subsection (9) shall bear an expiry date that is

• (a) if an expiry date is indicated on the person's authorization to remain in Canada as determined by the Minister of Citizenship and Immigration, the same as the expiry date on the authorization; and

• (b) if no expiry date is indicated on the person's authorization to remain in Canada as determined by the Minister of Citizenship and Immigration, two years after the date on which that Minister authorized the person to remain in Canada.

(10.3) On or after March 30, 2003, every Social Insurance Number Card that is issued to a person described in subsection (10) shall bear an expiry date which shall be five years after the date on which it is issued.

(10.4) A Social Insurance Number Card that is issued under subsection (10.1) is valid for a maximum of five years beginning on the date on which it is issued.

(10.5) In the case of a Social Insurance Number Card that was issued to persons other than Canadian citizens or permanent residents before March 30, 2003 and that has no expiry date, the card holder shall, on or before April 3, 2004, provide the Commission with documents and other information that are sufficient to confirm the identity and status of the card holder in accordance with subsection (3) and to establish that the person continues to require a Social Insurance Number Card.

(10.6) The Commission shall issue a new Social Insurance Number Card that bears a number beginning with the digit "9" and an expiry date in accordance with subsection (10.2) or (10.3), as applicable, to the card holder referred to in subsection (10.5) who meets the requirements of that subsection.

(10.7) Subject to subsection (10.8), no person shall use a Social Insurance Number Card or its number on or after

• (a) in the case of a person described in subsection (10.5), April 3, 2004; and

• (b) in the case of any other person, the expiry date indicated on their Social Insurance Number Card.

(10.8) If a Social Insurance Number Card issued under subsection (10.1) has expired, the Commission shall issue a new Social Insurance Number Card to the card holder if the documents and other information provided to the Commission, by the card holder or by a federal department or agency that is referred to in the Treasury Board Manual, Chapter 3-4, as amended from time to time, that relates to the use of the social insurance number, are sufficient to confirm the identity and status of that card holder in accordance with subsection (3) and to establish that the card holder continues to require a Social Insurance Number Card.

(11) Where a person who has been issued a Social Insurance Number Card that bears a number beginning with the digit "9" becomes a Canadian citizen or a permanent resident, the Commission shall, on application by the person, void that Social Insurance Number and, in its place, assign a new Social Insurance Number that begins with a digit other than "9" and issue a new Social Insurance Number Card to the person.

(12) Where a Social Insurance Number Card issued to a person has been lost, destroyed or defaced, the person may apply to the Commission for a new Social Insurance Number Card.

(13) Where a registered person named in an application for a new Social Insurance Number Card under subsection (12) or under section 140 of the Act is not a Canadian citizen or a permanent resident and has previously been assigned a Social Insurance Number that begins with a digit other than "9", the Commission shall void that number and assign a new Social Insurance Number that begins with the digit "9" and issue to the person a new Social Insurance Number Card that bears an expiry date in accordance with subsection (10.2) or (10.3), as applicable.

(14) An application for a new Social Insurance Number Card under subsection (11) or (12) or under section 140 of the Act shall be made in the form and manner required by the Commission and shall contain

• (a) the information and documents required by subsection (3); and

• (b) the Social Insurance Number of the registered person or, if the number is not known to the person, a statement that the person previously had a Social Insurance Number.

(15) An employer who hires a person in insurable employment shall request the employee to produce to the employer a Social Insurance Number Card within three days after the employee commences employment.

(16) Subject to subsection (17), every person who becomes employed in insurable employment shall produce their Social Insurance Number Card to their employer within three days after commencing employment.

(17) Every person referred to in subsection (2) who becomes employed in insurable employment before being registered shall produce their Social Insurance Number Card to their employer within three days after receiving it.

(18) Where an employer is unable to ascertain the Social Insurance Number of a person who becomes employed in insurable employment, the employer shall report the matter to the local office of the Commission within six days after the person commences such employment and shall provide such information as will enable the Commission to determine the identity of the person.

(19) Every registered person employed in insurable employment who, in accordance with subsection (11) or (13), is assigned a new Social Insurance Number shall produce their new Social Insurance Number Card to their employer within three days after receiving it.

(20) A Social Insurance Number card shall not be imported or exported by any person by means of a confirmed delivery service unless the importation or exportation is verified by the Commission at the time of the importation or exportation as not being for a prohibited use described in subsection 141(1) of the Act.