Bill C-96

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First Reading

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	Powers, Duties and Functions of the Commission
Powers, duties and functions of the Commission	27. (1) The Commission shall exercise such powers and perform such duties and functions
	(a) in relation to unemployment insurance, employment services and the development and utilization of labour market resources, as are required by the Minister or by or pursuant to an Act of Parliament; and
	(b) in relation to other matters, as are required by order of the Governor in Council or by or pursuant to an Act of Parliament.
Agreements with other countries	(2) With the approval by order of the Governor in Council, the Commission may, notwithstanding any other Act of Parliament, enter into agreements with the governments of other countries to establish reciprocal arrangements relating to any matter set out in subsection (1).
Directions to Commission	(3) The Commission shall comply with any directions given to it from time to time by the Minister respecting the exercise of its powers or the performance of its duties and functions.
Rules	28. (1) The Commission may make rules respecting the calling of meetings of the Commission and generally respecting the conduct of its business.
Minutes of meetings	(2) Minutes shall be recorded of all formal meetings of the Commission.
Agent of Her Majesty	29. (1) The Commission is a body corporate and is for all purposes an agent of Her Majesty in right of Canada and it may exercise its powers only as an agent of Her Majesty in that right.
Contracts	(2) The Commission may, on behalf of Her Majesty in right of Canada, enter into contracts in the name of Her Majesty or in the name of the Commission.
	Organization and Operation of the Commission
Head office	30. (1) The head office of the Commission shall be in the National Capital Region described in the schedule to the National Capital Act or at such other place in Canada as may be designated by order of the Governor in Council.
Residence of commissioner s	(2) Each commissioner shall reside in the National Capital Region or at the place designated by the Governor in Council under subsection (1) or within reasonable commuting distance of that region or place.
Staff	31. (1) The officers and employees necessary for the proper conduct of the business of the Commission shall be employees of the Department of Human Resources Development.
Agents	(2) The Commission may enter into contracts with agents in or for locations where the Commission considers it desirable to do so.
Delegation	(3) The Commission may authorize any person or body, or member of a class of persons or bodies, to exercise powers or perform duties and functions of or delegated to the Commission and any such authorized person or body or class of persons or bodies may exercise specified powers or perform specified duties and functions.
	Audit
Audit by Auditor General	32. The accounts and financial transactions of the Commission and the Unemployment Insurance Account established by section 112 of the Unemployment Insurance Act shall be audited annually for the previous fiscal year by the Auditor General of Canada and a report of the audit relating to that Account shall be made to the Minister.
	PART III
	ASSISTANCE FOR LONG-SERVICE EMPLOYEES
Assistance for long-service employees	33. (1) The Minister may enter into agreements with provincial governments, employers, employer organizations, employees, employee organizations, financial institutions or such other persons or entities as the Minister considers appropriate, for the purpose of making provision for periodic income assistance payments to
	(a) former employees at an establishment whose employment has been terminated, at any time since December 31, 1987, by reason of a permanent reduction in the work force engaged in an identifiable economic activity at the establishment and who, at the time of the termination, were fifty-five years of age or older but less than sixty-five years of age; or
	(b) former employees at an establishment in an industry that was a designated industry on August 12, 1986 whose employment has been terminated, at any time since the industry ceased to be a designated industry, by reason of a permanent reduction in the work force engaged in an identifiable economic activity at the establishment and who, at the time of the termination, were fifty-five years of age or older but less than sixty-five years of age or, in the case of a reduction that took effect before October 6, 1988, were persons less than sixty-five years of age the sum of whose age and length of service in designated industries was not less than eighty years.
Definition of ``designated industry''	(2) In paragraph (1)(b), ``designated industry'' means an industry designated pursuant to section 3 of the Labour Adjustment Benefits Act.
Persons under the age of fifty-five years	(3) The Minister may enter into agreements referred to in subsection (1) that, notwithstanding that subsection, apply to former employees who are less than fifty-five years of age if the former employees
	(a) were fifty years of age or older on May 15, 1994; and
	(b) are former employees of fish plants whose employment has been terminated by reason of a permanent reduction in the work force at those plants because of a decline in fish stocks.
	PART IV
	TRANSITIONAL, RELATED AND CONDITIONAL AMENDMENTS, REPEALS AND COMING INTO FORCE
	Transitional Provisions
Positions	34. (1) Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this subsection, occupied a position
	(a) in those portions of the public service of Canada in the Department of the Secretary of State of Canada referred to in clause (a)(i)(A) of Order in Council P.C. 1993-1488 of June 25, 1993, registered as SI/93-142, and known as the Student Assistance Branch, the Office of the Assistant Under-Secretary of State (Social Development and Regional Operations) other than the portion relating to translation and related services and other than the Native Citizens Directorate, and the Education Support Branch other than the Canadian Studies and Special Projects Directorate and other than the Youth Participation Directorate,
	(b) in those portions of the public service of Canada in the Department of National Health and Welfare referred to in clause (a)(i)(B) of Order in Council P.C. 1993-1488 of June 25, 1993, registered as SI/93-142, and known as the Income Security Programs Branch and the Social Service Programs Branch, other than
	(i) the New Horizons/Seniors Independence Programs, and
	(ii) the portions thereof referred to in Order in Council P.C. 1993-1667 of August 11, 1993, registered as SI/93-167, and known as the Family Violence Prevention Division, the Children's Bureau and attendant Brighter Futures programs, the Community Action Program for Children, HIV/AIDS Research and Development and the Seniors Independence Research Program,
	(c) in the Canada Employment and Immigration Commission,
	(d) in the Department of Employment and Immigration, and
	(e) in the Department of Labour,
	except that the employee shall, on the com ing into force of this subsection, occupy their position in the Department of Human Resources Development under the author ity of the Deputy Minister of Human Re sources Development.
Definition of ``employee''	*(2) In this section, ``employee'' has the same meaning as in subsection 2(1) of the Public Service Employment Act.*
Transfer of appropriations	35. Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada within the Department of Employment and Immigration or the Canada Employment and Immigration Commission and that, on the day on which this Act comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Department of Human Resources Development or the Canada Employment and Insurance Commission, as the case may be.
Transfer of powers, duties and functions	36. (1) Wherever under any Act of Parliament, any instrument made under an Act of Parliament or any contract, lease, licence or other document, a power, duty or function is vested in or may be exercised or performed by any of the persons referred to in subsection (2) in relation to any matter to which the powers, duties and functions of the Minister of Human Resources Development extend by virtue of this Act, the power, duty or function is vested in or may be exercised or performed by the Minister of Human Resources Development, the Deputy Minister of Human Resources Development or the appropriate officer of the Department of Human Resources Development, as the case may be, unless the Governor in Council by order designates another minister, deputy minister or officer of the public service of Canada to exercise that power or perform that duty or function.
Persons	(2) For the purpose of subsection (1), the persons are
	(a) the Minister of Employment and Immigration, the Minister of National Health and Welfare and the Secretary of State of Canada;
	(b) the Deputy Minister of Employment and Immigration, the Deputy Minister of National Health and Welfare and the Under-Secretary of State of Canada; and
	(c) any officer of the Department of Employment and Immigration, the Department of Labour, the Department of National Health and Welfare and the Department of the Secretary of State of Canada.
Where no Minister of Labour	37. (1) In the event that a Minister of Labour is not appointed pursuant to subsection 4(1), wherever, in any contract, lease, licence or other document a power, duty or function is vested in or may be exercised or performed by the Minister of Labour in relation to any matter to which the powers, duties and functions of the Minister of Human Resources Development extend by virtue of this Act, the power, duty or function is vested in or may be exercised or performed by the Minister of Human Resources Development, unless the Governor in Council by order designates another minister to exercise that power or perform that duty or function.
Where no Deputy Minister of Labour	(2) In the event that no Deputy Minister of Labour is designated or appointed, wherever, under any Act of Parliament, any instrument made under an Act of Parliament or any contract, lease, licence or other document a power, duty or function is vested in or may be exercised or performed by the Deputy Minister of Labour in relation to any matter to which the powers, duties and functions of the Minister of Human Resources Development extend by virtue of this Act, the power, duty or function is vested in or may be exercised or performed by the Deputy Minister of Human Resources Development, unless the Governor in Council by order designates another deputy minister to exercise that power or perform that duty or function.
Definitions	38. In this section and sections 39 to 41,
``former Commission'' « ancienne commission »	``former Commission'' means the Canada Employment and Immigration Commission established by section 9 of the Employment and Immigration Department and Commission Act, as that section read immediately before the coming into force of this section;
``new Commission'' « nouvelle commission »	``new Commission'' means the Canada Employment and Insurance Commission continued by section 23.
Commissioner s	39. Each person, other than the Chairperson and the Vice-Chairperson, who holds office as a commissioner of the former Commission immediately before the coming into force of this section shall continue in office as a commissioner of the new Commission for the remainder of the term for which the person was appointed.
Rights and obligations transferred	40. (1) All rights and property of Her Majesty in right of Canada that are under the administration and control of the former Commission and all obligations and liabilities of the former Commission are hereby transferred to the new Commission.
References	(2) Every reference to the former Commission in a deed, contract or other document executed by the former Commission in its own name shall, unless the context otherwise requires, be read as a reference to the new Commission.
Commenceme nt of legal proceedings	41. (1) Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the former Commission may be brought against the new Commission in any court that would have had jurisdiction if the action, suit or proceeding had been brought against the former Commission.
Continuation of legal proceedings	(2) Any action, suit or other legal proceeding to which the former Commission is party pending in any court immediately before the day on which this section comes into force may, on that day, be continued by or against the new Commission in the like manner and to the same extent as it could have been continued by or against the former Commission.
Members of the National Council of Welfare	42. Each person who holds office as a member of the National Council of Welfare immediately before the coming into force of this section shall continue in office for the remainder of the term for which the person was appointed.
	Related Amendments
R.S., c. A-1	Access to Information Act
	*43. Schedule I to the Access to Information Act* is amended by striking out the following under the heading ``Departments and Ministries of State'':**
	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
	*44. Schedule I 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
	*45. Schedule I 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
	*46. Schedule I 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
R.S., c. C-1	Canada Assistance Plan
	*47. Subsection 15(1) of the Canada Assistance Plan* is replaced by the following:**
Agreements authorized	15. (1) Subject to this Part, the Minister may, with the approval of the Governor in Council, enter into an agreement with any province with which an agreement under Part I is in effect, to provide for the payment by Canada to the province of an amount equal to fifty per cent of the cost of a work activity project undertaken in the province.
	48. Section 17 of the Act is replaced by the following:
Regulations	17. The Governor in Council may, on the recommendation of the Minister, make regulations providing for any matters concerning which the Governor in Council believes regulations are necessary to carry out the purposes and provisions of this Part.
R.S., c. C-8	Canada Pension Plan
	*49. (1) Subsection 104(4) of the Canada Pension Plan* is replaced by the following:**
Exception	(4) Any information obtained by an officer, clerk or employee in the Department of Human Resources Development pursuant to this Act or any regulation may be made available to the Canada Employment and Insurance Commission, or to an officer, clerk or employee, or a member of a class of officers, clerks or employees, in the Department of Human Resources Development, exercising powers or performing duties and functions authorized by that Commission, where it is necessary to do so for the purposes of the administration of this Act or the Unemployment Insurance Act.