Bill C-96
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1st Session, 35th Parliament, 42-43-44 Elizabeth II, 1994-1995
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The House of Commons of Canada
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BILL C-96 |
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An Act to establish the Department of Human
Resources Development and to amend
and repeal certain related Acts
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the Department
of Human Resources Development Act.
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INTERPRETATION |
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| Definitions
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2. In this Act,
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| ``Commission
'' « Commission »
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``Commission'' means the Canada
Employment and Insurance Commission
continued by section 23;
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| ``Minister'' « ministre »
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``Minister'' means the Minister of Human
Resources Development.
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PART I |
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DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT |
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Establishment |
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| Department
established
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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.
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| Human
Resources
Development
Canada
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(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.
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| Minister
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(3) The Minister holds office during
pleasure and has the management and
direction of the Department.
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| Minister of
Labour
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4. (1) A Minister of Labour may be
appointed by commission under the Great
Seal to hold office during pleasure.
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| Powers, duties
and functions
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(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.
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| Where no
Minister of
Labour
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(3) Where no Minister of Labour is
appointed under subsection (1),
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| Use of
departmental
services and
facilities
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(4) The Minister of Labour shall make use
of the services and facilities of the
Department.
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| Deputy
minister
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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.
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| Associate
deputy
ministers
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(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.
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| Deputy
Minister of
Labour
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(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.
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Powers, Duties and Functions of the Minister |
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| Powers, duties
and functions
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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.
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| Additional
powers
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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
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Fees and Charges |
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| Fees for
services or use
of facilities
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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.
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| Amount not to
exceed cost
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(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.
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| Fees for
products,
rights and
privileges
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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.
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| Fees in
respect of
regulatory
processes and
approvals
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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.
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| Amount
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(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.
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| Consultation
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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.
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| Publication
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(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.
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| Reference to
Scrutiny
Committee
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(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.
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| Power to
make
regulations
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12. The Treasury Board may make
regulations for the purposes of sections 8 to 11.
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Boards, Committees and Councils |
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| Boards,
committees
and councils
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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.
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National Council of Welfare |
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| National
Council of
Welfare
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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.
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| Members
deemed to be
in the public
service
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(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.
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| Eligibility for
reappointment
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15. A member of the National Council of
Welfare is eligible for reappointment to the
Council.
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| Remuneration
and expenses
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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.
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| Duties and
powers
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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.
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| Meetings
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18. The National Council of Welfare shall
meet at the times and places that the Minister
may direct.
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| Personnel
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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.
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| Presumption
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(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.
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General Provisions |
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| Agreements
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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.
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| Delegation
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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.
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| Affidavits
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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.
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PART II |
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CANADA EMPLOYMENT AND INSURANCE COMMISSION |
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Continuation of the Commission |
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| Commission
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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.
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| Commissioner
s
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(2) The four commissioners shall be
appointed under subsection (1) as follows:
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| Employment
and Insurance
Canada
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(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.
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| Tenure,
remuneration
and
conditions of
office
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24. (1) A commissioner, other than the
Chairperson or Vice-Chairperson,
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| Tenure,
remuneration
and
conditions of
office - actin
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(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.
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| Chairperson
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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.
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| Vice-Chairper
son
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(2) The Vice-Chairperson of the
Commission exercises such powers and
performs such duties and functions under the
Chairperson as the Chairperson may specify.
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| Acting
Chairperson
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(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.
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| Acting
Vice-Chairper
son
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(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.
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| Voting
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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.
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