Department of the Secretary of State of Canada

    Secrétariat d'État du Canada

78. The schedule to the Act is amended by adding the following in alphabetical order under the heading ``Departments and Ministries of State'':

Department of Human Resources Development

    Ministère du Développement des ressources humaines

79. The schedule to the Act is amended by striking out the following under the heading ``Other Government Institutions'':

Canada Employment and Immigration Commission

    Commission de l'emploi et de l'immigration du Canada

80. The schedule to the Act is amended by adding the following in alphabetical order under the heading ``Other Government Institutions'':

Canada Employment and Insurance Commission

    Commission de l'emploi et de l'assurance du Canada

1991, c. 30

Public Sector Compensation Act

81. Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading ``Departments'':

Department of Employment and Immigration

    Ministère de l'Emploi et de l'Immigration

Department of Labour

    Ministère du Travail

Department of the Secretary of State of Canada

    Secrétariat d'État du Canada

82. Schedule I to the Act is amended by adding the following in alphabetical order under the heading ``Departments'':

Department of Human Resources Development

    Ministère du Développement des ressources humaines

83. Schedule I to the Act is amended by striking out the following under the heading ``Other Portions of the Public Service'':

Canada Employment and Immigration Commission

    Commission de l'emploi et de l'immigration du Canada

R.S., c. P-35

Public Service Staff Relations Act

84. Part I of Schedule I to the Public Service Staff Relations Act is amended by striking out the following:

Canada Employment and Immigration Commission

    Commission de l'emploi et de l'immigration du Canada

R.S., c. P-36

Public Service Superannuation Act

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'':

Canada Employment and Immigration Commission

    Commission de l'emploi et de l'immigration du Canada

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'':

Canada Employment and Insurance Commission

    Commission de l'emploi et de l'assurance du Canada

R.S., c. S-3

Salaries Act

1993, c. 12, s. 14(2)

87. (1) Section 4 of the Salaries Act is amended by striking out the following:

The Secretary of State of Canada 46,645

The Minister of National Health and Welfare 46,645

The Minister of Employment and Immigration 46,645

(2) Section 4 of the Act is amended by adding the following:

The Minister of Human Resources Development 46,645

1992, c. 33 [c. S-19.6]

Status of the Artist Act

88. Subsection 60(2) of the English version of the Status of the Artist Act is replaced by the following:

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.

R.S., c. U-1

Unemployment Insurance Act

89. Paragraph 27(1)(c) of the Unemployment Insurance Act is replaced by the following:

    (c) the claimant has failed to carry out any written direction given to him or her by the Commission with a view to assisting the claimant to find suitable employment, if the direction was reasonable having regard both to his or her circumstances and to the usual means of obtaining that employment;

90. (1) Subsection 93(1) of the Act is replaced by the following:

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.

R.S., c. 1 (4th Supp.), s. 35

(2) Subsections 93(5) to (10) of the Act are replaced by the following:

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.

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.

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.

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.

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.

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.

(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.

(4) Subsection 93(16) of the Act is replaced by the following:

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:

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.

92. Section 96 of the Act is replaced by the following:

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.

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:

    and purporting to be certified by the Commission or a person employed in the administration of this Act,

    (c) a document purporting to be certified by the Commission or a person employed in the administration of this Act and setting out the amount of any contributions paid, payable or owing or the amount of any benefit or other amount paid to or owing by any person, and

1992, c. 1, s. 139

(2) Subparagraph 102(1)(d)(ii) of the Act is replaced by the following:

      (ii) to be certified by an inspector or person employed in the administration of this Act to whom the documents referred to in subparagraph (i) were produced under this Act,

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``:

    (a) the definition ``Minister'' in section 2 of the Canada Assistance Plan;

    (b) the definition ``province providing a comprehensive pension plan'' in subsection 3(1), subsections 3(2) and (3) and 4(3), the definition ``Minister'' in subsection 42(1) and section 91 of the Canada Pension Plan;

    (c) the definition ``Minister'' in subsection 2(1) of the Canada Student Loans Act;

    (d) the definition ``Minister'' in section 2 of the Children's Special Allowances Act;

    (e) paragraph (a) of the definition ``Minister'' in section 3 of the Employment Equity Act;

    (f) paragraph (a) of the definition ``information bank director'' in section 2 and section 6 of the Family Orders and Agreements Enforcement Assistance Act;

    (g) subsections 20(1) and (3) and 21(1) of the Federal-Provincial Fiscal Arrangements and Federal Post-Secondary Education and Health Contributions Act;

    (h) subparagraph 118.5(1)(a)(ii), subparagraph (a)(ii) of the definition ``designated educational institution'' in subsection 118.6(1), paragraphs (g) and (h) of the definition ``eligible individual'' in section 122.6 and subsections 122.62(1) and (2) and (4) to (8), 122.63(1), 122.64(1), 165(3.1) and (3.2) and 237(1) of the Income Tax Act;