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Department of the Secretary of State of
Canada
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78. The schedule to the Act is amended by
adding the following in alphabetical order
under the heading ``Departments and
Ministries of State'':
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Department of Human Resources
Development
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79. The schedule to the Act is amended by
striking out the following under the heading
``Other Government Institutions'':
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Canada Employment and Immigration
Commission
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|
80. The schedule to the Act is amended by
adding the following in alphabetical order
under the heading ``Other Government
Institutions'':
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Canada Employment and Insurance
Commission
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1991, c. 30
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Public Sector Compensation Act
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81. Schedule I to the Public Sector
Compensation Act is amended by striking
out the following under the heading
``Departments'':
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Department of Employment and Immigration
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Department of Labour
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Department of the Secretary of State of
Canada
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|
82. Schedule I to the Act is amended by
adding the following in alphabetical order
under the heading ``Departments'':
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Department of Human Resources
Development
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83. Schedule I to the Act is amended by
striking out the following under the heading
``Other Portions of the Public Service'':
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Canada Employment and Immigration
Commission
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R.S., c. P-35
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Public Service Staff Relations Act
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84. Part I of Schedule I to the Public
Service Staff Relations Act is amended by
striking out the following:
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Canada Employment and Immigration
Commission
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R.S., c. P-36
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Public Service Superannuation Act
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85. Part I of Schedule I to the Public
Service Superannuation Act is amended by
striking out the following under the heading
``Boards, Commissions and Corporations
forming part of the Public Service'':
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Canada Employment and Immigration
Commission
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86. Part I of Schedule I to the Act is
amended by adding the following in
alphabetical order under the heading
``Boards, Commissions and Corporations
forming part of the Public Service'':
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Canada Employment and Insurance
Commission
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R.S., c. S-3
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Salaries Act
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1993, c. 12, s.
14(2)
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87. (1) Section 4 of the Salaries Act is
amended by striking out the following:
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The Secretary of State of Canada 46,645
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The Minister of National Health and Welfare 46,645
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The Minister of Employment and
Immigration 46,645
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(2) Section 4 of the Act is amended by
adding the following:
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The Minister of Human Resources
Development 46,645
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1992, c. 33 [c.
S-19.6]
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Status of the Artist Act
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88. Subsection 60(2) of the English
version of the Status of the Artist Act is
replaced by the following:
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Certificate of
Minister is
evidence
|
(2) A certificate, purporting to be signed by
the Minister or an official of the Department
of Human Resources Development, stating
that any document referred to in this Part was
or was not received or given by the Minister
pursuant to this Part and, if received or given,
stating the date that it was received or given,
is admissible in evidence in any court without
proof of the signature or official character of
the Minister or official, or any further proof.
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R.S., c. U-1
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Unemployment Insurance Act
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89. Paragraph 27(1)(c) of the
Unemployment Insurance Act is replaced by
the following:
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90. (1) Subsection 93(1) of the Act is
replaced by the following:
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Information
or complaint
|
93. (1) An information or complaint under
any Part other than Part III may be laid or
made by the Commission, by a member of the
Royal Canadian Mounted Police or by any
person authorized to do so by the Commission
and, where an information or complaint
purports to have been laid or made under any
Part other than Part III, it shall be deemed to
have been laid or made by a person authorized
to do so by the Commission and shall not be
called in question for lack of authority of the
informant or complainant except by the
Commission or by a person acting for it or for
Her Majesty.
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R.S., c. 1 (4th
Supp.), s. 35
|
(2) Subsections 93(5) to (10) of the Act are
replaced by the following:
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Proof of
service by
registered or
certified mail
|
(5) Where, by any Part other than Part III or
a regulation, provision is made for sending by
mail a request for information, a notice or a
demand, an affidavit of a person authorized by
the Commission, sworn before a
commissioner or other person authorized to
take affidavits, setting out that the affiant has
knowledge of the appropriate records, that he
or she has knowledge of the facts in the
particular case, that such a request, notice or
demand was sent by registered or certified
mail on a named day to the person to whom it
was addressed, indicating the address, and that
he or she identifies as exhibits attached to the
affidavit the postal certificate of registration
or proof of delivery or a true copy of the
relevant portion of it and a true copy of the
request, notice or demand, is evidence of the
sending and of the request, notice or demand.
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Proof of
personal
service
|
(6) Where, by any Part other than Part III or
a regulation, provision is made for personal
service of a request for information, notice or
demand, an affidavit of a person authorized by
the Commission, sworn before a
commissioner or other person authorized to
take affidavits, setting out that the affiant has
charge of the appropriate records, that he or
she has knowledge of the facts in the particular
case, that such a request, notice or demand
was served personally on a named day on the
person to whom it was directed and that he or
she identifies as an exhibit attached to the
affidavit a true copy of the request, notice or
demand, is evidence of the personal service
and of the request, notice or demand.
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|
Proof of
failure to
comply
|
(7) Where, by any Part other than Part III or
a regulation, a person is required to make a
return, statement, answer or certificate, an
affidavit of a person authorized by the
Commission, sworn before a commissioner or
other person authorized to take affidavits,
setting out that the affiant has charge of the
appropriate records and that after a careful
examination and search of the records he or
she has been unable to find in a given case that
the return, statement, answer or certificate, as
the case may be, has been filed or made by that
person, is evidence that in that case the person
did not make the return, statement, answer or
certificate, as the case may be.
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Proof of time
of compliance
|
(8) Where, by any Part other than Part III or
a regulation, a person is required to make a
return, statement, answer or certificate, an
affidavit of a person authorized by the
Commission, sworn before a commissioner or
other person authorized to take affidavits,
setting out that the affiant has charge of the
appropriate records and that after careful
examination of the records he or she has found
that the return, statement, answer or
certificate was filed or made on a particular
day, is evidence that it was filed or made on
that day and not before that day.
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Proof of
documents
|
(9) An affidavit of a person authorized by
the Commission, sworn before a
commissioner or other person authorized to
take affidavits, setting out that the affiant has
charge of the appropriate records and that a
document annexed to the affidavit is a
document or a true copy of a document made
by or on behalf of the Commission or a person
exercising the powers of the Commission or
by or on behalf of an employer, is evidence of
the nature and contents of the document and
shall be admissible in evidence and have the
same probative force as the original document
would have if it were proven in the ordinary
way.
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Presumption
|
(10) Where evidence is offered under this
section by an affidavit from which it appears
that the person making the affidavit is
authorized by the Commission, it is not
necessary to prove the signature of that person
or that the person is so authorized, nor is it
necessary to prove the signature or official
character of the person before whom the
affidavit was sworn.
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(3) Subsection 93(12) of the Act is
replaced by the following:
|
|
Proof of
documents
|
(12) Every document purporting to be an
order, direction, demand, notice, certificate,
requirement, decision or other document
purporting to have been executed under, or in
the course of, administration or enforcement
of any Part other than Part III, over the name
in writing of the Commission, or a person
authorized by regulation to exercise the
powers or perform the duties of the
Commission under any Part other than Part III,
shall be deemed to be a document signed,
made and issued by the Commission or the
person unless it has been called in question by
the Commission or a person acting for it or for
Her Majesty.
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(4) Subsection 93(16) of the Act is
replaced by the following:
|
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Proof of
return
|
(16) In any prosecution for an offence under
this Act, an affidavit of a person authorized by
the Commission, sworn before a
commissioner or other person authorized to
take affidavits, setting out that the affiant has
charge of the appropriate records and that an
examination of the records shows that an
amount required under this Act to be remitted
to the Receiver General on account of fines,
penalties, interest and repayment has not been
received by the Receiver General, is evidence
of the statements contained in the affidavit.
|
|
R.S., c. 5 (2nd
Supp.), s. 8
|
91. Subsection 94(19) of the Act is
replaced by the following:
|
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Copies as
evidence
|
(19) Where any document is inspected,
examined or provided in accordance with
subsection (10) or (13), the person by whom it
is inspected or examined or to whom it is
provided or any other person acting for the
Commission may make, or cause to be made,
one or more copies of the document, and any
document purporting to be certified by the
Commission or an authorized person to be a
copy made pursuant to this subsection is
evidence of the nature and content of the
original document and has the same probative
force as the original document would have if
it were proven in the ordinary way.
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92. Section 96 of the Act is replaced by the
following:
|
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Confidential
information
|
96. Information, written or oral, obtained
by the Commission or the Department of
Human Resources Development from any
person under this Act or the regulations shall
be made available only to the Commissioners
and the employees of the Department
employed in carrying out the Minister's
powers, duties and functions in relation to
unemployment insurance, employment
services and the development and utilization
of labour market resources, in the course of
their employment and such other persons as
the Minister considers advisable, and neither
the Commission, nor the Department, any of
the Commissioners or any employees of the
Department referred to in this section, is
compellable to answer any question
concerning that information, or to produce
any records or other documents containing
that information as evidence in any
proceedings not directly concerned with the
enforcement or interpretation of this Act or the
regulations.
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|
93. Section 97 of the Act is replaced by the
following:
|
|
Privilege
|
97. Where an employer, claimant or other
person gives to the Commission, a board of
referees or an umpire written, oral or
documentary evidence required for a proper
determination of the entitlement of a claimant
to benefit under this Act, the giving of the
evidence is an occasion of qualified privilege.
|
|
R.S., c. 1 (4th
Supp.), s.
37(1)
|
94. (1) The portion of subsection 102(1) of
the Act after subparagraph (b)(ii) and
before paragraph (d) is replaced by the
following:
|
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|
|
|
|
|
|
1992, c. 1, s.
139
|
(2) Subparagraph 102(1)(d)(ii) of the Act
is replaced by the following:
|
|
|
|
|
R.S., c. 1 (4th
Supp.), s.
37(2)
|
(3) Subsections 102(2) and (3) of the Act
are replaced by the following:
|
|
Documents
sent by mail
|
(2) For the purposes of this Act and the
regulations and any proceedings under this
Act or the regulations, a document purporting
to be a certificate of the Commission or of a
person authorized by the Commission to the
effect that a notice, request, demand or other
document was sent by mail is evidence that the
notice, request, demand or other document
was received by the addressee in the ordinary
course of the mails.
|
|
Filmed
evidence
|
(3) In any proceedings under this Act or the
regulations, any print that is made from a
photographic film made by the Commission in
order to keep a permanent record of any
document and that is certified by the
Commission or by a person employed in the
administration of this Act is admissible in
evidence for all purposes for which the object
photographed would be admitted in evidence
in the proceedings without proof of the
signature or official character of the person
appearing to have signed the certificate.
|
|
|
References
|
|
|
95. The following provisions are
amended by replacing the expressions
``Minister of Employment and
Immigration'', ``Minister of Labour'',
``Minister of National Health and Welfare''
and ``Secretary of State'' with the
expression ``Minister of Human Resources
Development``:
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