Registration
SOR/2005-311 October 4, 2005

DEPARTMENT OF HUMAN RESOURCES AND SKILLS DEVELOPMENT ACT

Department of Human Resources and Skills Development Regulations

P.C. 2005-1752 October 4, 2005

Her Excellency the Governor General in Council, on the recommendation of the Minister of State styled Minister of Human Resources and Skills Development, pursuant to section 43 of the Department of Human Resources and Skills Development Act (see footnote a), hereby makes the annexed Department of Human Resources and Skills Development Regulations.

DEPARTMENT OF HUMAN RESOURCES AND SKILLS DEVELOPMENT REGULATIONS

INTERPRETATION

1. In these Regulations, "Act" means the Department of Human Resources and Skills Development Act.

PUBLIC OFFICER

2. For the purpose of the definition "public officer" in subsection 30(1) of the Act, a prescribed individual is a person employed in a federal institution or whose services are required by a federal institution, on a casual or temporary basis or under a student employment program.

AVAILABILITY OF INFORMATION

3. For the purpose of subsection 35(2) of the Act, information referred to in that subsection may be made available to the following:

(a) the Canada Customs and Revenue Agency, for the administration or enforcement of the Income Tax Act;

(b) Statistics Canada, for the administration or enforcement of the Statistics Act;

(c) the Department of Citizenship and Immigration, for the administration or enforcement of the Immigration and Refugee Protection Act;

(d) the Public Service Commission, for the administration or enforcement of the Public Service Employment Act;

(e) the Canadian Security Intelligence Service, for the administration or enforcement of the Canadian Security Intelligence Service Act;

(f) the Department of Justice, for the administration of activities conducted with respect to legal proceedings and activities related to mutual legal assistance under an agreement;

(g) the Library and Archives of Canada, for the administration or enforcement of the Library and Archives of Canada Act;

(h) the Royal Canadian Mounted Police, for the administration of the following activities, namely,

COMING INTO FORCE

4. These Regulations come into force on the day on which section 43 of the Department of Human Resources and Skills Development Act, chapter 34 of the Statutes of Canada, 2005, comes into force.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

On December 12, 2003, a series of Orders in Council were adopted by the Governor in Council to create new organisations. As a result, parts of the department of Human Resources Development were transferred to the new department, Human Resources and Skills Development Canada (HRSDC). To establish the new department, Bill C-23 — the Department of Human Resources and Skills Development Act — was introduced. In addition to outlining the Minister's powers, duties and functions, the Act includes a comprehensive code for the use and disclosure of personal information. This code is found in Part 4 of the Act, titled, "Protection of Personal Information". Referred to as the "Privacy Code", Part 4 of the Act replaces various regimes applicable for the disclosure of personal information.

The code establishes the basic rule that personal information is privileged and will not be made available except in accordance with its provisions. It authorizes complete sharing of personal information within the department for the administration of a federal or provincial law or activity. Part 4 also addresses a commitment for legal safeguards surrounding data used for research purposes made by Human Resources Development Canada to the Office of the Privacy Commissioner of Canada following the dismantling of the Longitudinal Labour Force File in 2000.

Furthermore, the code permits the sharing of personal information with other entities, such as federal government departments and third parties, for the administration of HRSDC programs. That being said, the code is more restrictive in regards to the sharing of personal information with other federal institutions for the administration of a federal or provincial law or activity. Regulations must specify the federal institutions and prescribe the federal or provincial law or activity for which the disclosure will be made.

The Regulations will also increase clarity and transparency by defining the term "public officer".

Alternatives

Since regulations are required to specify the federal institutions to whom the department may disclose personal information for the purpose of administering a federal or provincial law or activity, there is no practical alternative to proceeding with them.

The Regulations will ensure the continued service delivery by the department to Canadians. It will also ensure the continued flow of information with other federal institutions to assist them in the administration and enforcement of a federal or provincial law or activity.

Benefits and Costs

Under reasonable timeframes, the Regulations will allow the department to conduct thorough reviews when considering adding a new federal institution or amending the definition of a "public officer". It also renders ministerial discretion more transparent by codifying which federal institutions the department may disclose to for the purpose of administering the other federal institution's laws or a provincial law or activity, in addition to prescribing what type of bodies can be considered a "public officer". There will be no costs incurred for the Regulations.

Consultation

The Regulations were prepared by Human Resources and Skills Development Canada's Legal Services and the Access to Information and Privacy Directorate, in consultation with all departmental program groups and the Corporate Planning and Accountability Directorate.

During the drafting of Bill C-23 — the Department of Human Resources and Skills Development Act — the department consulted with the Office of the Privacy Commissioner of Canada. It was at the Commissioner's request that the department agreed to specify in regulations the federal institutions with which it discloses personal information for the purpose of administering the other institution's laws or a provincial law or activity.

External consultations also took place with other federal institutions such as the Department of Justice, the Treasury Board Secretariat of Canada and the Royal Canadian Mounted Police.

Compliance and Enforcement

Policy documents such as delegation instruments will be developed to ensure that these Regulations are properly implemented.

Contact

Tracy Lee Grant
Senior Policy Officer
Access to Information and Privacy
Human Resources and Skills Development Canada
140 Promenade du Portage, 1st floor
Gatineau, Quebec
K1A 0J9
Telephone: (819) 994-0584
FAX: (819) 953-0659

Footnote a

S.C. 2005, c. 34

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