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

Marginal note:Change of name

28.3 When the name of a person to whom a Social Insurance Number has been assigned changes because of marriage or otherwise, the person shall inform the Commission of their new name within 60 days after the day on which the change of name becomes effective, unless they have already so informed another authority empowered to receive that information.

Marginal note:Prohibitions

• 28.4 (1) No person

  • (a) shall, knowing that they already have a Social Insurance Number, make an application to be again assigned a Social Insurance Number, whether the person gives information that is the same as or different from that contained in their previous application on which the Social Insurance Number had been assigned;

  • (b) shall, with intent to defraud or deceive any person, present, loan or use a Social Insurance Number or Social Insurance Number card;

  • (c) shall, without the authority of the Commission, manufacture a Social Insurance Number card or a substantially similar card, or duplicate a Social Insurance Number card, except by making a paper photocopy for record purposes only; or

  • (d) shall, without the authority of the Commission, sell a Social Insurance Number, a Social Insurance Number card or a substantially similar card.

• Marginal note:Offence and punishment

  (2) Every person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine of not more than $1,000 or to imprisonment for a term of not more than one year, or to both.

Marginal note:Designation of investigators

• 28.5 (1) The Minister or the Commission may designate as an investigator for the purpose of enforcing section 28.4 any person, or class of persons, that the Minister or the Commission considers qualified.

• Marginal note:Territorial jurisdiction

  (2) An information or complaint about an offence under this Part may be heard, tried or determined by any provincial court judge, as defined in section 2 of the Criminal Code, if the accused is resident, carrying on business, found, apprehended or in custody in the judge’s territorial jurisdiction regardless of whether or not the matter of the information or complaint arose in that jurisdiction.

• Marginal note:Limitation period

  (3) Proceedings in respect of an offence under this Part may be commenced at any time within, but not later than, five years after the day on which the subject matter of the proceedings arose.

Audit

Marginal note:Audit by Auditor General

29 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.

PART 4Protection of Personal Information

Marginal note:Definitions

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

  administration

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

  federal institution

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

  information

  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

  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

  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)

  service delivery program

  service delivery program means a program for the provision of a service or facility referred to in subparagraph 5.1(1)(a)(i), including the performance of its related activities. (programme de prestation de services)

• 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.

• (3) [Repealed, 2012, c. 19, s. 282]

Marginal note:Purpose

31 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

32 Information is privileged and shall not be made available unless

• (a) it is authorized under subsection 28.2(5) or by this Part, or by an agreement under section 105 or paragraph 107(1)(a) of the Canada Pension Plan or paragraph 40(1)(a) of the Old Age Security Act; or

• (b) it may be made available under any of paragraphs 33.1(a) to (c) of the Old Age Security Act.

Marginal note:Availability of information — individuals and representatives

• 33 (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 or their representative on their request in writing to the Minister.

• Marginal note:Availability of information — individuals, 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, 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, to a division of unadjusted pensionable earnings or an assignment of a retirement pension that affects the individual or to any other matter that affects the individual under a program, it may be made available to

  • (a) the individual;

  • (b) the individual’s representative; or

  • (c) a member of Parliament who is inquiring on behalf of the individual.

Marginal note:Availability of information for a program

• 34 (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:Service delivery programs

• 34.1 (1) Information may be made available to any person or body for the administration of the service delivery program under which that information was obtained or prepared.

• Marginal note:Co-administered programs

  (2) Information obtained or prepared under a program the administration or enforcement of which is the responsibility, under an Act of Parliament, of the Minister and one or more partner entities may be made available to that entity or those entities for the administration or enforcement of that program.

• Marginal note:Other programs

  (3) Information obtained or prepared under a program, other than a service delivery program, that is related to the provision of a service or facility referred to in subsection 5.1(1) may be made available to any person or body for the administration or enforcement of the program under which it was obtained or prepared.

• Marginal note:Application

  (4) For greater certainty, this section applies to information obtained or prepared before the day on which this subsection comes into force.

Marginal note:Non-application — information made available

• 34.2 (1) Sections 32 to 34 and 35 to 42 do not apply in respect of information that is made available under section 34.1.

• Marginal note:Non application — information obtained

  (2) Sections 33, 34, 35 to 36.2, 40 and 41 do not apply in respect of information obtained under a service delivery program.

Marginal note:Availability of information — federal institutions

• 35 (1) Information may be made available to a minister or a public officer of a prescribed federal institution 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 that are agreed on by the Minister and the federal institution.

• Marginal note:Secondary release of information

  (2) Information obtained under subsection (1) 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 that are agreed on by the Minister and the federal institution.

Marginal note:Availability of information — provincial authorities

• 36 (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 of a provincial law or prescribed provincial activity, if the Minister considers it advisable and the information is made available subject to conditions that are agreed on 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:Information relative to Social Insurance Numbers

36.1 Despite any other Act or law, the minister or other authority charged with the administration or enforcement of an Act under which Social Insurance Numbers may be assigned and the Minister may exchange the information contained in any applications for such numbers and the numbers so assigned, and may make available any of that information or those numbers in any manner that may be authorized by that Act.

Marginal note:Availability of information — certain persons or bodies

• 36.2 (1) If the Minister considers it advisable, information may, for the purpose of the administration or enforcement of a federal law or activity or of a provincial law or prescribed provincial activity, be made available to any person or body — other than one to whom it could be made available under subsection 28.2(5) or any of sections 34 to 36.1 — on the conditions set out in an agreement between the Minister and the person or body.

• Marginal note:Secondary release of information

  (2) Information obtained under subsection (1) 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 that are agreed on by the Minister and the person or body that obtained the information.

Marginal note:Public interest

• 37 (1) Despite sections 33 to 36.2, 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, prior to the disclosure, notify the Privacy Commissioner appointed under section 53 of the Privacy Act and any affected partner entity in writing of any disclosure of information under subsection (1) if it is reasonably practicable or in any other case without delay after the disclosure. The Privacy Commissioner may, if he or she considers it appropriate, notify the individual to whom the information relates of the disclosure.

Marginal note:Research or statistical purposes

38 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.