91. The following definitions apply in this Part.

“Investment Board” means the Canada Pension Plan Investment Board established by section 3 of the Canada Pension Plan Investment Board Act.

“Minister” means the Minister of Social Development.

R.S., 1985, c. C-8, s. 91; 1996, c. 11, s. 95; 2003, c. 5, s. 1; 2005, c. 35, s. 67.

92. (1) The Minister has the control and direction of the administration of this Act other than Part I.

(2) The Minister of National Revenue has the control and direction of the administration of Part I and shall from time to time each year report to the Minister

(a) such information obtained under this Act with respect to the earnings and contributions of any contributor as is required by the Minister to permit the calculation of the amount of the unadjusted pensionable earnings to be shown to the account of the contributor in the Record of Earnings established under section 95, and to identify in the Record of Earnings the unadjusted pensionable earnings of contributors, according to information contained in returns made pursuant to Part I;

(b) such information obtained with respect to the earnings of any person as is required by the Minister to permit the determination of the amount of any benefit that may be payable under this Act to or in respect of that person or of the amount of any benefit that may be payable to or in respect of that person by reason of which any financial adjustment may be required to be made pursuant to any agreement entered into under subsection 80(1); and

(c) such statistical and other general information as is necessary for the administration of this Act including the conduct of actuarial and other studies relating to the operation of this Act.

R.S., c. C-5, s. 94; 1980-81-82-83, c. 47, s. 4.

93. The Minister of Public Works and Government Services shall furnish the Minister with such assistance in the administration of this Act as the Governor in Council may direct.

R.S., 1985, c. C-8, s. 93; 1996, c. 16, s. 60.

94. The Canada Employment Insurance Commission shall furnish the Minister and the Minister of National Revenue with such assistance in the administration of this Act as the Governor in Council may direct.

R.S., 1985, c. C-8, s. 94; 1996, c. 11, s. 99.

95. The Minister shall cause to be established such records, to be known as the Record of Earnings, of information obtained under this Act with respect to the earnings and contributions of contributors, including information obtained pursuant to any agreement entered into under section 105 with respect to those earnings and contributions, as are necessary to permit

(a) the determination of the amount of any benefit that may be payable under this Act to or in respect of any contributor;

(b) the calculation of the amount of any financial adjustment that may be required to be made pursuant to any agreement entered into under subsection 80(1); and

(c) the identification of the unadjusted pensionable earnings of contributors, according to information contained in returns made pursuant to Part I.

R.S., c. C-5, s. 97; 1980-81-82-83, c. 47, s. 4.

96. (1) Subject to the provisions of any agreement entered into under section 105, every contributor may, not more frequently than once in any period of twelve months, require the Minister, by application made in prescribed manner, to inform him of the unadjusted pensionable earnings shown to his account in the Record of Earnings, and where a contributor is not satisfied with the statement of the earnings shown to his account in the Record of Earnings furnished to him by the Minister under this section, he may request that the statement be reconsidered by the Minister.

(2) Sections 81 to 84 apply with such modifications as the circumstances require to any request made under subsection (1) as though it were an application for a benefit.

(3) [Repealed, 1995, c. 33, s. 40]

R.S., 1985, c. C-8, s. 96; 1995, c. 33, s. 40.

97. (1) Notwithstanding section 96, except as provided in this section, any entry in the Record of Earnings relating to the earnings or a contribution of a contributor shall be conclusively presumed to be accurate and may not be called into question after four years have elapsed from the end of the year in which the entry was made.

(2) If

(a) from information furnished by or obtained from the records of an employer or a former employer, or an employee or a former employee of an employer, or a person required to make a contribution in respect of this self-employed earnings, after the time specified in subsection (1), or

(b) for any other reason,

it appears to the Minister that the amount of the unadjusted pensionable earnings shown in the Record of Earnings to the account of an employee or former employee of that employer or to the account of that person is less than the amount that should be so shown in that Record, the Minister may cause the Record of Earnings to be rectified in order to show the amount of the unadjusted pensionable earnings of the contributor that should be so shown therein.

(2.1) If, from information furnished pursuant to an agreement referred to in paragraph 105(1)(a), it appears to the Minister that an amount that is shown in the Record of Earnings to the account of a person as being a contribution under this Act relates instead to a contribution under the provincial pension plan of that province, the Minister may, at any time after that information is furnished, authorize the removal of that entry from the Record of Earnings.

(3) Where the amount of the unadjusted pensionable earnings of a contributor shown to his account in the Record of Earnings is increased pursuant to subsection (2) and it appears to the Minister that the earnings and contributions with respect to which that amount is so increased have been incorrectly shown in the Record to the account of another contributor, the Minister may cause the Record of Earnings to be rectified by reducing the amount of the unadjusted pensionable earnings shown in the Record to the account of that other contributor by such part of that amount as has been incorrectly so shown therein.

(4) Whenever any reduction is made in the amount of the unadjusted pensionable earnings of a contributor shown to his account in the Record of Earnings, whether pursuant to subsection (3) or otherwise, and it appears from the Record of Earnings that prior to the making of the reduction the contributor had been informed under section 96 of the amount of the earnings shown to his account in the Record of Earnings, the Minister shall notify the contributor in prescribed manner of his action and if the contributor is not satisfied with the amount of the reduction so made, he may request that such action be reconsidered by the Minister and sections 81 to 84 apply with such modifications as the circumstances require to that request as though it were an application for a benefit.

R.S., 1985, c. C-8, s. 97; R.S., 1985, c. 30 (2nd Supp.), s. 50; 1995, c. 33, s. 41.

98. (1) Every individual who applies for a division under section 55 or 55.1 shall, within thirty days of the date of application for such division, if he has not earlier been assigned a Social Insurance Number, file an application with the Minister, in such form and manner as may be prescribed, for the assignment to him of a Social Insurance Number.

(2) Every individual who reaches eighteen years of age and is or becomes employed in pensionable employment on or after reaching that age shall, within thirty days after he reaches eighteen years of age or becomes employed in pensionable employment, as the case may be, if he has not earlier been assigned a Social Insurance Number, file an application with the Minister, in such form and manner as may be prescribed, for the assignment to him of a Social Insurance Number.

(3) Every individual who is required by section 30 to file a return of his self-employed earnings for a year, other than an individual to whom subsection (1) or (2) applies, shall on or before the first day on or before which he is required by section 33 to pay any amount as or on account of the contribution required to be made by him for that year in respect of those earnings, if he has not earlier been assigned a Social Insurance Number, apply to the Minister, in such form and manner as may be prescribed, for the assignment to him of a Social Insurance Number.

(4) The Minister shall, on application by an individual to whom a Social Insurance Number has not earlier been assigned, cause a Social Insurance Number to be assigned to him and a Social Insurance Number Card issued to him.

(5) Every employer who employs an employee in pensionable employment shall, in the case of an employee to whom subsection (2) applies, within thirty days after the employee reaches eighteen years of age or becomes employed in pensionable employment, whichever is the later, require the employee to produce to him his Social Insurance Number Card and shall maintain a record of the Social Insurance Number of each employee.

(6) Every employee who is required by subsection (5) to produce his Social Insurance Number Card to his employer shall produce that Card to his employer within thirty days after being required to produce it.

R.S., 1985, c. C-8, s. 98; R.S., 1985, c. 30 (2nd Supp.), s. 51.

99. (1) An application for a Social Insurance Number shall be signed by the applicant in his own hand but where the applicant is unable to sign his own name, he may attest the application by making his mark in the presence of two witnesses whose names and signatures shall be shown thereon.

(2) Where at any time an individual to whom a Social Insurance Number Card has been issued changes his name, by reason of marriage or otherwise,

(a) if at that time he is employed in pensionable employment, he shall, within sixty days after changing his name, or

(b) if at that time he is not employed in pensionable employment but thereafter becomes so employed or is required to make a contribution under this Act in respect of his self-employed earnings, he shall, within sixty days after becoming so employed or after the first day on or before which he is requested by section 33 to pay any amount as or on account of the contribution required to be made by him in respect of those earnings, as the case may be,

apply to the Minister for the issue to him of a new Social Insurance Number Card in his new name, unless he has already made an application to another authority empowered to receive the application.

R.S., c. C-5, s. 101.

100. (1) The Minister may, on behalf of the Government of Canada, enter into an agreement with the government of a province providing a comprehensive pension plan under which the Minister may cause Social Insurance Numbers to be assigned to persons to whom Social Insurance Numbers have not earlier been assigned, on the basis of applications made by those persons to the appropriate authority in that province.

(2) Any Social Insurance Numbers caused to be assigned by the Minister under any agreement entered into under subsection (1) shall be deemed for all purposes of this Act to have been assigned under this Act.

R.S., c. C-5, s. 103.

101. (1) The Governor in Council may make regulations

(a) requiring employers to distribute to their employees applications and other material relating to applications for Social Insurance Numbers;

(b) prescribing districts for purposes of assigning Social Insurance Numbers, in which persons who reside therein may file their applications for Social Insurance Numbers and, having regard to the public convenience, the place or places within each district at which those persons may apply;

(c) prescribing the conditions on which and manner in which Social Insurance Number Cards that have been lost or destroyed may be replaced;

(d) authorizing the Minister and the Minister of National Revenue to cause a Social Insurance Number to be assigned and a Social Insurance Number Card to be issued to any individual who has not earlier been assigned a Social Insurance Number;

(d.1) prescribing or defining anything that, by this Part, is to be prescribed or defined; and

(e) generally for carrying out the purposes and provisions of this Part.

(2) [Repealed, 1995, c. 33, s. 42]

R.S., 1985, c. C-8, s. 101; R.S., 1985, c. 30 (2nd Supp.), s. 52; 1995, c. 33, s. 42.

102. (1) Every person who, in his application for a Social Insurance Number, knowingly furnishes any false or misleading information is guilty of an offence punishable on summary conviction.

(2) Every person who has been assigned a Social Insurance Number and who knowingly makes application again to be assigned a Social Insurance Number, whether giving the same or different information in that application as in his previous application, and whether or not he is assigned a Social Insurance Number again, is guilty of an offence punishable on summary conviction.

(3) Every employer who fails to comply with subsection 98(5) or any regulation made under paragraph 101(1)(a) is guilty of an offence and liable on summary conviction to a fine not exceeding one hundred dollars.

R.S., c. C-5, s. 105.

103. (1) A prosecution for an offence under this Act may be commenced at any time within, but not later than, five years after the time when the subject-matter of the prosecution arose.

(2) Where a corporation commits an offence under this Act, every officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

(3) Subsection 41(6) applies with respect to an information or complaint under any of the provisions of this Act other than Part I, as though for the reference therein to the Canada Revenue Agency and the Minister thereof there were substituted a reference to the Department of Social Development and the Minister.

R.S., 1985, c. C-8, s. 103; 1996, c. 11, s. 97; 1999, c. 17, s. 111; 2005, c. 35, s. 66, c. 38, s. 138.

104. (1) The definitions in this subsection apply in this section and sections 104.01 to 105.

“administration” includes the development, operation, evaluation and enforcement of policies and programs.

“federal institution” means a department or any other body referred to in Schedule I, I.1, II or III to the Financial Administration Act.

“public officer” means an officer or employee of a federal institution, or a prescribed individual or a member of a prescribed class of individuals.

(2) The definition of a word or expression in subsection (1) does not affect its interpretation in any other provision of this Act.

(3) This section and sections 104.01 to 104.09, 104.101, 104.102 and 105 set out the rules that apply to the protection and the making available of information with respect to an individual that was obtained under this Act or prepared under this Act from that information.

R.S., 1985, c. C-8, s. 104; R.S., 1985, c. 30 (2nd Supp.), s. 53, c. 18 (3rd Supp.), s. 30; 1991, c. 44, s. 25; 1992, c. 1, s. 25, c. 48, s. 28; 1995, c. 33, s. 43; 1996, c. 11, ss. 49, 97, c. 16, s. 61, c. 23, ss. 187, 189; 1997, c. 40, s. 88; 2003, c. 22, s. 129; 2005, c. 35, s. 45.

104.01 (1) Information with respect to an individual is privileged and shall not be made available except as authorized by this Act.

(2) In addition to an individual’s right of access under section 12 of the Privacy Act, and subject to the exemptions and exclusions provided in that Act, information with respect to an individual may, on request in writing to the Minister by the individual or their representative, be made available to that individual or representative or, on the conditions that may be prescribed, to any person or body named in the request.

(3) Subject to the exemptions and exclusions provided in the Privacy Act, information may be made available to an individual or their representative, or to a member of Parliament inquiring on behalf of an individual, if the information is relevant to the making of an application or the receipt of a benefit by, or the division of unadjusted pensionable earnings or assignment of a retirement pension that affects, the individual under this Act.

(4) Information may be made available for the purpose of civil or criminal proceedings relating to the administration of this Act, including appeals under this Act.

1997, c. 40, s. 88; 2005, c. 35, s. 46.

104.02 Information may be made available to the Minister or a public officer of the Department of Social Development or the Department of Human Resources and Skills Development, or a commissioner of the Canada Employment Insurance Commission, for the purpose of the administration of a federal or provincial law or activity.

1997, c. 40, s. 88; 2005, c. 35, s. 47.

104.03 (1) Information may be made available to other ministers or public officers for the purpose of the administration of this Act.

(2) Information may be made available to the minister responsible for, and to any public officer of,

(a) the Canada Revenue Agency, if the information is necessary for the purpose of the administration of the Income Tax Act;

(b) the Department of Veterans Affairs, if the information is necessary for the purpose of the administration of any Act of Parliament that is administered by the Minister of Veterans Affairs; and

(c) the Correctional Service of Canada, if the information is necessary for the purpose of the administration of the Corrections and Conditional Release Act.

(2.1) Information may also be made available to a minister or a public officer of a prescribed federal institution for the administration of a prescribed federal or provincial law or activity if the Minister considers it advisable and the information is made available subject to the conditions set out in an agreement between the Minister and the federal institution.

(3) Notwithstanding any other Act or law, any information obtained by a public officer of the Canada Revenue Agency, the Department of Finance, the Department of Public Works and Government Services or the Department of Citizenship and Immigration for the purpose of the administration of this Act may be made available or allowed to be made available by that person to a public officer of the Department of Social Development, the Canada Revenue Agency, the Department of Finance, the Department of Public Works and Government Services, the Department of Citizenship and Immigration or the Office of the Superintendent of Financial Institutions for the purpose of the administration of this Act.

(4) Information obtained under this section shall not be made available to any other person or body unless the information is made available only for the same purpose and on any conditions that the Minister may set out.

1997, c. 40, s. 88; 1999, c. 17, s. 111; 2000, c. 34, s. 94(F); 2005, c. 35, ss. 48, 66, c. 38, s. 138.

104.04 (1) Information may be made available to the Commissioner of the Royal Canadian Mounted Police and the Minister of Justice and Attorney General of Canada for the purpose of investigations, prosecutions and extradition activities in Canada in relation to war crimes and crimes against humanity.

(2) Information obtained under subsection (1) shall not be made available to any other person or body unless the information is made available for the same purpose.

1997, c. 40, s. 88.

104.05 (1) Information may be made available to the government of a province, or to a public body created under the law of a province, for the purpose of the administration of a federal law or activity or a provincial law if the Minister considers it advisable and the information is made available on the conditions set out in an agreement between the Minister and the government or body.

(2) Information obtained by a government or public body under subsection (1) or pursuant to an agreement made under section 105 shall not be made available to any other person or body unless the Minister considers it advisable and the information is made available only for the same purpose and on the conditions set out in an agreement between the Minister and the government or public body.

1997, c. 40, s. 88; 2005, c. 35, s. 49(F).

104.06 (1) Information may be made available to any person or body to whom any of sections 104.01 to 104.05 do not apply, for the purpose of the administration of a federal law or activity or a provincial law, if the Minister considers it advisable and the information is made available on the conditions set out in an agreement between the Minister and the person or body.

(2) Information obtained by a person or body under subsection (1) shall not be made available to any other person or body unless the Minister considers it advisable and the information is made available only for the same purpose and on the conditions set out in an agreement between the Minister and the person or body that obtained the information.

(3) [Repealed, 2005, c. 35, s. 50]

1997, c. 40, s. 88; 2005, c. 35, s. 50.

104.07 (1) Despite sections 104.01 to 104.06, information may be made available if, in the Minister’s opinion, the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure or that permitting the information to be made available would clearly benefit the individual to whom the information relates.

(2) The Minister shall, in writing, notify the Privacy Commissioner appointed under section 53 of the Privacy Act of any disclosure of personal information under subsection (1) before the disclosure if reasonably practicable or, in any other case, without delay on the disclosure, and the Privacy Commissioner may, if the Commissioner deems it appropriate, notify the individual to whom the information relates of the disclosure.

1997, c. 40, s. 88.

104.08 Despite any other Act or law, the Minister and public officers shall not be required, in connection with any legal proceedings, to give evidence relating to information that is privileged under subsection 104.01(1) or to produce a statement or other writing that contains any such privileged information unless the Minister considers that it is appropriate to do so.

1997, c. 40, s. 88; 2005, c. 35, s. 51.

104.09 (1) Every person or body commits an offence who knowingly makes available information that is privileged under this Act, or who knowingly uses or allows such information to be used, otherwise than in accordance with this Act, any condition referred to in section 104.01, 104.03, 104.05, 104.06 or 104.101 or an agreement referred to in section 104.05, 104.06, 104.101 or 105.

(2) An individual who is guilty of an offence under subsection (1) is liable on summary conviction to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.

(3) A body or a person, other than an individual, who is guilty of an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000.

1997, c. 40, s. 88; 2005, c. 35, s. 51.

104.1 The Minister may enter into agreements with federal institutions, governments of provinces or public bodies created under provincial law and other persons or bodies to obtain information for the purposes of the administration of this Act.

1997, c. 40, s. 88.

104.101 Information may be made available for research or statistical purposes to any person or body, including one referred to in any of sections 104.03 to 104.06 or 105, if

(a) the Minister is of the opinion that the research or statistical purposes are consistent with the principles set out in paragraphs 104.102(1)(a) to (e);

(b) the Minister is of the opinion that the purpose for which the information is made available cannot reasonably be accomplished unless the information is provided in a form that may identify the individual to whom it relates; and

(c) the information is made available subject to conditions set out in an agreement between the Minister and the person or body, and the person or body undertakes in the agreement not to subsequently disclose the information in a form that could reasonably be expected to identify the individual to whom it relates.

2005, c. 35, s. 52.

104.102 (1) The use of information by the Minister and by public officers of the Department of Social Development for policy analysis, research or evaluation purposes shall be guided by the following principles:

(a) the object of the policy analysis, research or evaluation is consistent with the powers, duties and functions of the Minister under the Department of Social Development Act;

(b) the use of the information is consistent with any agreement under which the information was obtained;

(c) the results of the policy analysis, research or evaluation will be made available only in accordance with sections 104 to 104.08, 104.101 and 105 and any agreements under which the information was obtained;

(d) the policy analysis, research or evaluation would be difficult or impossible if the information were not used; and

(e) the policy analysis, research or evaluation is in the public interest.

(2) Unless authorized by the Minister, a public officer shall not use information for the purpose of policy analysis, research or evaluation if the information would allow an individual to be identified.

(3) Information that is used for policy analysis, research or evaluation purposes shall not be used for any administrative purpose as defined in section 3 of the Privacy Act.

2005, c. 35, s. 52.

104.11 Despite any other Act or law, if Social Insurance Numbers have been assigned under the authority of any other Act, the minister or other authority charged with the administration of that Act and the Minister may exchange any information contained in applications for those numbers and any numbers so assigned, and may make available any such information or numbers in any manner that may be authorized by that Act.

1997, c. 40, s. 88.

105. The Minister may, on behalf of the Government of Canada, enter into an agreement with the government of a province providing a comprehensive pension plan

(a) under which any information obtained under this Act, including records of any amounts that are shown in the Record of Earnings to the accounts of individuals who have made contributions under this Act and under the provincial pension plan of that province and that relate to the contributions made by those individuals under this Act, may be made available under prescribed conditions to the appropriate authority of that province having the administration of the provincial pension plan, and under which any information obtained under the provincial pension plan may be made available on a reciprocal basis to the Minister; and

(b) under which the Minister or the appropriate authority of that province, in accordance with any terms and conditions that may be specified in the agreement, may make available to any individual who has made contributions under this Act and under the provincial pension plan a statement of any amounts shown in the Record of Earnings or the appropriate records established under the provincial pension plan, as the case may be, to the account of that individual, and may act on or give effect to any request made by that individual for reconsideration by the Minister or the appropriate authority, as the case may be, of any statement made available to the individual.

R.S., 1985, c. C-8, s. 105; 1991, c. 44, s. 26; 1996, c. 11, s. 97; 1997, c. 40, s. 88.

106. (1) A person who

(a) is employed in the administration or enforcement of Part I or any regulations made thereunder and is authorized by the Minister of National Revenue for the purpose, or

(b) is employed in the administration or enforcement of this Part and Part II or any regulations made thereunder and is authorized by the Minister for the purpose,

may, in the course of their employment and subject to any other Act of Parliament or any Act of the legislature of a province, administer oaths and take and receive affidavits, declarations and solemn affirmations and every person so authorized has, with respect to any such oath, affidavit, declaration or solemn affirmation, all the powers of a commissioner for taking affidavits.

(2) For the purposes of the administration of

(a) Part I or any regulations made under that Part, any person described in paragraph (1)(a), or

(b) this Part or Part II or any regulations made under either of those Parts, any person described in paragraph (1)(b)

may accept any oath administered or affidavit, declaration or solemn affirmation given by any officer or employee of any department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act or of any department of the government of a province who has all the powers of a commissioner for taking affidavits.

R.S., 1985, c. C-8, s. 106; 1995, c. 33, s. 44; 2003, c. 22, s. 130.

107. (1) Where, under any law of a country other than Canada, provision is made for the payment of old age or other benefits including survivors’ or disability benefits, the Minister may, on behalf of the Government of Canada, on such terms and conditions as may be approved by the Governor in Council, enter into an agreement with the government of that country for the making of reciprocal arrangements relating to the administration or operation of that law and of this Act, including, without restricting the generality of the foregoing, arrangements relating to

(a) the exchange of such information obtained under that law or this Act as may be necessary to give effect to any such arrangements,

(b) the administration of benefits payable under this Act to persons resident in that country, the extension of benefits to and in respect of persons under that law or this Act and the increase or decrease in the amount of the benefits payable under that law or this Act to and in respect of persons employed in or resident in that country, and

(c) the administration of benefits payable under that law to persons resident in Canada, the extension of benefits to and in respect of persons under that law or this Act and the increase or decrease in the amount of the benefits payable under that law or this Act to and in respect of persons employed in or resident in Canada,

and, subject to subsection (4), any such agreement may extend to and include similar arrangements with respect to any provincial pension plan.

(2) [Repealed, R.S., 1985, c. 30 (2nd Supp.), s. 54]

(3) For the purpose of giving effect to any agreement entered into under subsection (1), the Governor in Council may make such regulations respecting the manner in which this Act shall apply to any case or class of cases affected by the agreement, and for adapting this Act thereto, as appear to the Governor in Council to be necessary for that purpose, and any regulations so made may provide therein for the making of any financial adjustments required under the agreement and for the crediting or charging of the amount of any of those adjustments to the Canada Pension Plan Account.

(4) Where the government of a province providing a comprehensive pension plan requests the Government of Canada to enter into an agreement under this section with the government of a country under any law of which provision is made for the payment of old age or other benefits including survivors’ or disability benefits, the Minister, with the approval of the Governor in Council, may enter into an agreement with the government of that country for the making of reciprocal arrangements relating to any of the matters referred to in subsection (1) with respect to the provincial pension plan of that province, if that plan makes provision for entering into such an agreement and for the carrying out of the provisions thereof, including the making of any financial adjustment required to be made for that purpose and the crediting or charging of the amount of any such adjustment to the appropriate account or accounts established under that plan.

R.S., 1985, c. C-8, s. 107; R.S., 1985, c. 30 (2nd Supp.), s. 54.