Regulations Amending Certain Regulations Made by the Canada Employment Insurance Commission (Social Insurance Number): SOR/2018-136
Canada Gazette, Part II, Volume 152, Number 14
Registration
June 25, 2018
DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPMENT ACT
EMPLOYMENT INSURANCE ACT
P.C. 2018-868 June 22, 2018
The Canada Employment Insurance Commission, pursuant to subsection 28.2(4)footnote a of the Department of Employment and Social Development Act footnote b and section 140 footnote c of the Employment Insurance Act footnote d, makes the annexed Regulations Amending Certain Regulations Made by the Canada Employment Insurance Commission (Social Insurance Number).
Gatineau, March 7, 2018
Louise Levonian
Chairperson, Canada Employment Insurance Commission
Pierre Laliberté
Commissioner for Workers, Canada Employment Insurance Commission
Her Excellency the Governor General in Council, on the recommendation of the Minister of Employment and Social Development, pursuant to subsection 28.2(4)footnote a of the Department of Employment and Social Development Act footnote b and section 140footnote c of the Employment Insurance Act footnote d, approves the annexed Regulations Amending Certain Regulations Made by the Canada Employment Insurance Commission (Social Insurance Number), made by the Canada Employment Insurance Commission.
Regulations Amending Certain Regulations Made by the Canada Employment Insurance Commission (Social Insurance Number)
Employment Insurance Act
Employment Insurance Regulations
1 (1) Subsection 89(1) of the Employment Insurance Regulations footnote 1 is replaced by the following:
89 (1) Every person employed in insurable employment who is required by section 138 of the Act to have a Social Insurance Number and who has not yet applied to be registered in the register maintained by the Commission under subsection 28.1(2) of the Department of Employment and Social Development Act shall, within three days after the day on which the employment begins, apply to the Commission to be registered.
(2) Subsection 89(6) of the Regulations is replaced by the following:
(6) In the case of a person who is employed in insurable employment, when the period of their Social Insurance Number validity has been extended, a new period of validity has been assigned to their number, or a new Social Insurance Number has been assigned to them, that person shall inform their employer of that change within three days after the day on which they are informed of that change.
Department of Employment and Social Development Act and Employment Insurance Act
Social Insurance Number Regulations
2 (1) The portion of section 2 of the Social Insurance Number Regulations footnote 2 before paragraph (a) is replaced by the following:
Information required
2 Any application to register a person must be submitted in the manner and form required by the Commission and must include supporting documents that allow for the identification of the person and their status and contain the information specified in at least one of the following paragraphs:
(2) Section 2 of the Regulations is amended by adding “and” at the end of paragraph (d) and by replacing paragraphs (e) and (f) with the following:
- (e) the full name at birth of their parents.
3 Paragraphs 3(1)(a) and (b) of the Regulations are replaced by the following:
- (a) if the person is 12 years of age or older, by that person, by one of their parents or by any other person who is legally authorized to act in their name or on their behalf; and
- (b) if the person is under 12 years of age, by one of their parents or by any other person who is legally authorized to act in their name or on their behalf.
4 Section 4 of the Regulations is replaced by the following:
Refusal to apply
4 If a person who is required by law to have a Social Insurance Number refuses to apply for registration, the Commission may register the person and assign a Social Insurance Number to that person if it has information that establishes their identity and status.
5 Section 6 of the Regulations is repealed.
6 Section 7 of the Regulations is replaced by the following:
Additional information required
7 An application to register a person who is not a Canadian citizen or permanent resident and in respect of whom the Minister of Citizenship and Immigration has given a direction to the Commission under section 90 of the Immigration and Refugee Protection Act to issue a Social Insurance Number must include, in addition to the documents and information required by section 2, the purpose for which the Social Insurance Number is being applied for.
7 Section 10 of the Regulations is replaced by the following:
Application to extend period of validity
10 (1) A person who has been assigned a Social Insurance Number that begins with “9” may, at any time following that assignment, apply to the Commission to extend its period of validity or obtain a new period of validity that is equivalent to the period set out in section 9 that is applicable.
Additional information required
(2) The application must be made in the form and manner required by the Commission and must include, in addition to the documents and information required by section 2, the purpose for which the Social Insurance Number subject to this application has been applied for, as set out in the application for registration in accordance with section 7.
8 Sections 12 and 13 of the Regulations are replaced by the following:
Notification — status and number
13 (1) A person who has been assigned a Social Insurance Number that begins with “9” and has since become a Canadian citizen or permanent resident must notify the Commission of that change and of that previously assigned number.
Old number voided — new number assigned
(2) After the notification under subsection (1) is received by the Commission, the Commission must void the previously assigned number and assign a new Social Insurance Number to the Canadian citizen or permanent resident.
Coming into Force
9 These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
The Standing Joint Committee for the Scrutiny of Regulations (SJCSR) has identified a number of technical issues related to the consistency and clarity of the Social Insurance Number Regulations (SIN Regulations) and section 89 of the Employment Insurance Regulations (EIR) and has recommended that these regulations be amended to address these issues.
In addition, amendments are proposed to ensure alignment with the Government of Canada’s commitment to address systemic discrimination against Canadians who identify as lesbian, gay, bisexual, transgender, queer, and two-spirited (LGBTQ2) and to protect and promote the equality of all Canadians, regardless of their gender or sexual orientation as well as the program’s operational practices for issuing a Social Insurance Number (SIN).
Background
The Canada Employment Insurance Commission (CEIC) is responsible for the administration of the SIN Regulations and the EIR. The SIN Regulations include the regulatory requirements for the application for, and the issuance of, a SIN and section 89 to the EIR sets out the obligations for employers and employees with respect to the SIN in the context of insurable employment.
The SJCSR has analyzed the SIN Regulations and section 89 of the EIR and has made several recommendations to the CEIC. The recommendations address typographical errors, consistency between the French and English versions of the Regulations, the repeal of words and sections, and clarifications and modifications of wording to reflect operational practices. The CEIC committed to make regulatory amendments reflecting the SJCSR recommendations.
Furthermore, CEIC is advancing the Government of Canada’s agenda on gender equality, diversity and inclusion, as well as supporting LGBTQ2 rights, by amending the SIN Regulations and taking action to reflect diversity in its operational policies and processes by rendering the requirement for parental information gender neutral. This amendment is consistent with more recent changes to provincial and territorial laws determining legal parentage of children in situations where both parents are of the same sex, and with the Uniform Child Status Act (2010), as adopted by the Uniform Law Conference of Canada. In its application of federal legislation and regulations, the federal government relies on provincial and territorial determinations of legal parentage, which is within their primary responsibility under the Canadian Constitution.
Objectives
The purpose of the amendments to the SIN Regulations and section 89 the EIR is to address the recommendations of the SJCSR and to reflect the Government of Canada’s agenda on gender equality, diversity and inclusion as well as the program’s operational practices for issuing a SIN.
Description
The amendments to the regulations consist of the following changes:
SIN Regulations:
- Section 2 is amended to clarify and add certainty to the requirements in terms of flexibility to address situations where individuals who, for various reasons, may not have all the required personal information but have an acceptable combination of data elements (e.g. cases where one parent is not on the birth certificate or newcomers to Canada without birth certificates).
- Section 2 is amended to replace the requirement to provide the full names at birth of the “mother” and “father” with the gender-neutral requirement for the full names at birth of the “parent(s)” to reflect the Government of Canada’s agenda on gender equality, diversity and inclusion, and the program’s operational practices for issuing a SIN.
- Subsection 3(1) aligns subsections (a) and (b) by including the words “by a parent or other” in subsection (a).
- Section 4 is made consistent with the French section 4 by amending “unwilling or unable to apply”. The reference to “religious beliefs” or “other” as reasons for declining to apply for a SIN in this section is removed to grant the Commission a broad authority to assign a SIN to a person legally required to have a SIN.
- Section 6 is repealed because SIN cards are no longer issued, imported or exported.
- Section 7 replaces “grounds that support the application” with “purpose for which the SIN is being requested” in order to provide clarity on this additional requirement for foreign nationals applying for a SIN.
- Subsection 10(1) clarifies when an application for an extended or new period of validity may be made to reflect the current practice where an extension or new period of validity can be requested at any time following the assigning of a SIN that begins with a 9.
- Subsection 10(2) replaces “grounds that support the application” with “purpose for which the SIN is being requested” in order to provide clarity for foreign nationals applying for a SIN.
- Section 12 is repealed as it is redundant with paragraph 28.4(1)(b) of the Department of Employment and Social Development Act (DESDA).
- Subsection 13(1) is amended to be consistent with paragraph 28.4(1)(a) of DESDA which states that no person can apply for a SIN if they already have been registered.
Employment Insurance Regulations:
- Section 89 of the EIR is amended to achieve consistency in the use of the phrase: “within three days after the employment begins” / “within three days after the day on which the employment begins” and “dans les trois jours suivant son entrée en fonctions” / “dans les trois jours suivant le début de l’emploi assurable”.
- Subsection 89(6) is amended to achieve consistency with subsection 10(1) of the SIN Regulations with regards to “an extended or a new period of validity”.
- Subsection 89(1) to the EIR refers to each person’s obligation to apply for a SIN when employed. Amendments to this section clarify this obligation by emphasizing that a person who has “not yet applied to be registered” must make their application within three days of insurable employment.
“One-for-One” Rule
The “One-for-One” Rule does not apply to these amendments. The amendments address concerns raised by the SJCSR relating to clarity and consistency of the Regulations as well as align to the government’s commitment on equality, diversity and inclusion and the program’s operational practices for issuing a SIN. As a result, there is no expected change in administrative costs incurred by business.
Small business lens
The small business lens does not apply. The changes are meant to address the consistency and clarity of the Regulations as well as align to the government’s commitment on gender equality, diversity and inclusion, and the program’s operational practices for issuing a SIN and, as a result, small businesses are not expected to incur any additional costs.
Rationale
The amendments address the concerns identified by the SJCSR by improving the clarity of the Regulations, and ensuring consistency between the English and French versions. Improved clarity and consistency will reduce the likelihood of misinterpretation for all stakeholders, including industry, the Canadian public and government.
The amendments also align the Government of Canada’s agenda on gender equality, diversity and inclusion, and the program’s operational practices for issuing a SIN, specifically to render the request for parental information gender neutral.
The amendments will not result in any substantive changes to the Regulations and, consequently, will not result in any discernible costs for industry, the Canadian public or government.
Implementation
The regulation will take effect upon registration. The amendments will not make any substantive changes to the Regulations, they will not change the manner in which the Regulations are enforced or result in the implementation of new programs/activities. No implementation plan or service standards were developed as a result.
Contacts
Chris Durham-Valentino
Director
Policy and Partnerships Division
Identity Policy and Programs Directorate
Integrity Services Branch
Service Canada
165 De l’Hôtel-de-Ville Street
Gatineau, Quebec
J8X 3X2
Telephone: 819-654-7621
Email: chris.durhamvalentino@servicecanada.gc.ca
Anik Dupont
Director General
Identity Policy and Programs Directorate
Integrity Services Branch
Service Canada
165 De l’Hôtel-de-Ville Street
Gatineau, Quebec
J8X 3X2
Telephone: 819-654-4751
Email: anik.dupont@servicecanada.gc.ca