BILL C-96 (First Reading)

	1st Session, 35th Parliament, 42-43-44 Elizabeth II, 1994-1995
	The House of Commons of Canada
	BILL C-96
	An Act to establish the Department of Human Resources Development and to amend and repeal certain related Acts
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	SHORT TITLE
Short title	1. This Act may be cited as the Department of Human Resources Development Act.
	INTERPRETATION
Definitions	2. In this Act,
``Commission '' « Commission »	``Commission'' means the Canada Employment and Insurance Commission continued by section 23;
``Minister'' « ministre »	``Minister'' means the Minister of Human Resources Development.
	PART I
	DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT
	Establishment
Department established	3. (1) There is hereby established a department of the Government of Canada called the Department of Human Resources Development over which the Minister of Human Resources Development, appointed by commission under the Great Seal, shall preside.
Human Resources Development Canada	(2) The expressions ``Human Resources Development Canada'' and ``Développement des ressources humaines Canada'' in any document issued or executed in relation to the matters set out in section 6 are deemed to be references to the ``Department of Human Resources Development'' and the ``ministère du Développement des ressources humaines'', respectively.
Minister	(3) The Minister holds office during pleasure and has the management and direction of the Department.
Minister of Labour	4. (1) A Minister of Labour may be appointed by commission under the Great Seal to hold office during pleasure.
Powers, duties and functions	(2) The powers, duties and functions of the Minister of Labour extend to and include all matters over which Parliament has jurisdiction relating to labour not by law assigned to any other department, board or agency of the Government of Canada.
Where no Minister of Labour	(3) Where no Minister of Labour is appointed under subsection (1),
	(a) the Minister of Human Resources Development shall exercise the powers and perform the duties and functions of the Minister of Labour; and
	(b) every reference to the Minister of Labour in any Act of Parliament or in any order, regulation or other instrument made under an Act of Parliament shall, unless the context otherwise requires, be read as a reference to the Minister of Human Resources Development.
Use of departmental services and facilities	(4) The Minister of Labour shall make use of the services and facilities of the Department.
Deputy minister	5. (1) The Governor in Council may appoint an officer called the Deputy Minister of Human Resources Development to hold office during pleasure and to be the deputy head of the Department.
Associate deputy ministers	(2) The Governor in Council may appoint one or more Associate Deputy Ministers of Human Resources Development, each of whom shall have the rank and status of a deputy head of a department and shall, under the Deputy Minister of Human Resources Development, exercise such powers and perform such duties and functions as deputies of the Minister and otherwise as the Minister may specify.
Deputy Minister of Labour	(3) The Governor in Council may designate the Deputy Minister of Human Resources Development or one of the Associate Deputy Ministers to be Deputy Minister of Labour.
	Powers, Duties and Functions of the Minister
Powers, duties and functions	6. The powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction relating to the development of the human resources of Canada not by law assigned to any other Minister, department, board or agency of the Government of Canada, and are to be exercised with the objective of enhancing employment, encouraging equality and promoting social security.
Additional powers	7. In exercising the powers or performing the duties or functions assigned to the Minister under this or any other Act of Parliament, the Minister may
	(a) subject to the Statistics Act, collect, analyse, interpret, publish and distribute information relating to human resources development; and
	(b) cooperate with provincial authorities with a view to the coordination of efforts made or proposed for preserving and improving human resources development.
	Fees and Charges
Fees for services or use of facilities	8. (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees to be paid for a service or the use of a facility provided by the Minister, the Department or the Commission or any other board or agency of the Government of Canada for which the Minister has responsibility.
Amount not to exceed cost	(2) Fees for a service or the use of a facility that are fixed under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.
Fees for products, rights and privileges	9. The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix fees in respect of products, rights and privileges provided by the Minister, the Department or the Commission or any other board or agency of the Government of Canada for which the Minister has responsibility.
Fees in respect of regulatory processes and approvals	10. (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix fees in respect of regulatory processes or approvals provided by the Minister, the Department or the Commission or any other board or agency of the Government of Canada for which the Minister has responsibility.
Amount	(2) Fees that are fixed under subsection (1) shall in the aggregate not exceed an amount sufficient to compensate Her Majesty in right of Canada for any reasonable outlays incurred by Her Majesty for the purpose of providing the regulatory processes or approvals.
Consultation	11. (1) Before fixing a fee under any of sections 8 to 10, the Minister shall consult with such persons or organizations as the Minister considers to be interested in the matter.
Publication	(2) The Minister shall, within thirty days after the date on which the Minister fixes a fee under any of sections 8 to 10, publish the fee in the Canada Gazette and by such appropriate electronic or other means that the Treasury Board may authorize by regulation.
Reference to Scrutiny Committee	(3) Any fee fixed under any of sections 8 to 10 shall stand referred to the Committee referred to in section 19 of the Statutory Instruments Act to be reviewed and scrutinized as if it were a statutory instrument.
Power to make regulations	12. The Treasury Board may make regulations for the purposes of sections 8 to 11.
	Boards, Committees and Councils
Boards, committees and councils	13. The Minister may, with the approval of the Governor in Council, establish such bodies as are necessary to assist and advise the Minister and to cooperate with provincial authorities for the purposes of this Act.
	National Council of Welfare
National Council of Welfare	14. (1) The National Council of Welfare is continued, consisting of a chairperson and not more than thirteen other members to be appointed by the Governor in Council to hold office during pleasure for the term, not exceeding three years, that will ensure as far as possible the expiration in any one year of the terms of appointment of fewer than half of the members so appointed.
Members deemed to be in the public service	(2) The members are deemed to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made pursuant to section 9 of the Aeronautics Act while in the course of duties under this Act.
Eligibility for reappointment	15. A member of the National Council of Welfare is eligible for reappointment to the Council.
Remuneration and expenses	16. Each member of the National Council of Welfare shall be paid the remuneration that may be approved by the Governor in Council and is entitled to be paid reasonable travel and other expenses incurred by them while absent from their ordinary place of residence in the course of duties under this Act.
Duties and powers	17. It is the function of the National Council of Welfare to advise the Minister in respect of any matters relating to social welfare that the Minister may refer to the Council for its consideration or that the Council considers appropriate.
Meetings	18. The National Council of Welfare shall meet at the times and places that the Minister may direct.
Personnel	19. (1) The National Council of Welfare may employ or retain the persons who are necessary to perform the duties and functions of the Council.
Presumption	(2) No person employed or retained pursuant to subsection (1) shall, by virtue only of being so employed or retained, be considered to be employed in the public service of Canada.
	General Provisions
Agreements	20. For the purpose of facilitating the formulation, coordination and implementation of any program or policy relating to the powers, duties and functions referred to in section 6, the Minister may enter into agreements with a province or group of provinces, agencies of provinces, financial institutions and such other persons or bodies as the Minister considers appropriate.
Delegation	21. The Minister may authorize the Minister of Labour, the Commission or any other person or body or member of a class of persons or bodies to exercise any power or perform any duty or function of the Minister.
Affidavits	22. With the authorization of the Deputy Minister of Human Resources Development, a person or member of a class of persons employed by the Department, or any other person or member of a class of persons authorized by the Minister, may, in the course of their employment, administer oaths and take and receive affidavits, declarations and affirmations for the purposes of or incidental to the performance of any duties or functions of the Department or the Commission, and every person so authorized by the Deputy Minister has for those purposes all the powers of a commissioner for administering oaths or taking affidavits.
	PART II
	CANADA EMPLOYMENT AND INSURANCE COMMISSION
	Continuation of the Commission
Commission	23. (1) The body corporate called the Canada Employment and Immigration Commission is continued as a body corporate under the name of the Canada Employment and Insurance Commission consisting of four commissioners to be appointed by the Governor in Council.
Commissioner s	(2) The four commissioners shall be appointed under subsection (1) as follows:
	(a) the Deputy Minister of Human Resources Development, who shall be the Chairperson of the Commission;
	(b) an Associate Deputy Minister, who shall be the Vice-Chairperson of the Commission;
	(c) a person appointed after consultation with organizations representative of workers; and
	(d) a person appointed after consultation with organizations representative of employers.
Employment and Insurance Canada	(3) The expressions ``Employment and Insurance Canada'' and ``Emploi et Assurance Canada'' in any document issued or executed in relation to the matters set out in section 27 are deemed to be references to the ``Canada Employment and Insurance Commission'' and the ``Commission de l'emploi et de l'assurance du Canada'', respectively.
Tenure, remuneration and conditions of office	24. (1) A commissioner, other than the Chairperson or Vice-Chairperson,
	(a) shall be appointed by the Governor in Council to hold office during good behaviour for a term not exceeding five years but may be removed by the Governor in Council at any time for cause;
	(b) is eligible for reappointment on the expiration of each term of office;
	(c) shall receive such remuneration as is fixed by the Governor in Council;
	(d) shall be deemed to be a person employed in the public service of Canada for the purposes of the Public Service Superannuation Act, the Government Employees Compensation Act and any regulations made pursuant to section 9 of the Aeronautics Act; and
	(e) shall devote the whole of their time to the performance of the duties of the office of a commissioner and shall not accept or hold any office or employment or carry on any activity inconsistent with the duties and functions of a commissioner.
Tenure, remuneration and conditions of office - actin g	(2) In the event of the absence or incapacity of a commissioner other than the Chairperson or Vice-Chairperson or if the office is vacant, the Governor in Council may designate a person to act as a commissioner for the period of the absence, incapacity or vacancy and the person so designated has and may exercise all the powers and perform all the duties and functions of a commissioner, unless the Governor in Council specifies otherwise.
Chairperson	25. (1) The Chairperson of the Commission is the chief executive officer of the Commission, supervises the work of the Commission and presides at meetings of the Commission.
Vice-Chairper son	(2) The Vice-Chairperson of the Commission exercises such powers and performs such duties and functions under the Chairperson as the Chairperson may specify.
Acting Chairperson	(3) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-Chairperson has and may exercise all the powers and perform all the duties and functions of the Chairperson.
Acting Vice-Chairper son	(4) In the event of the absence or incapacity of the Vice-Chairperson, if the office of Vice-Chairperson is vacant or if the Vice-Chairperson is acting as Chairperson pursuant to subsection (3), the Governor in Council may designate a person to act as Vice-Chairperson for the period of the absence, incapacity or vacancy or the period during which the Vice-Chairperson is acting as Chairperson, and the person so designated has and may exercise all the powers and perform all the duties and functions of the Vice-Chairperson, unless the Governor in Council specifies otherwise.
Voting	26. The Vice-Chairperson may not vote at any meeting of the Commission unless the Vice-Chairperson is acting for or on behalf of the Chairperson.