Privacy impact on control programs

Employment Insurance (EI) frequently asked questions

1. What is the issue?
2. Could you, please, provide an update?
3. Does provincial privacy legislation have an impact on the Automated Earnings Reporting System (AERS) and Report on Hirings (ROH) programs?
4. Has Human Resources and Skills Development Canada (HRSDC) obtained the lawful authority?
5. The wording of this regulation states that "employers shall provide information to the Commission." What does this mean for these two programs?
6. I am an Automated Earnings Reporting System (AERS) participant. How can I restore my participation in the program?
7. I am a Report on Hirings (ROH) participant. How can I restore my participation in the program?
8. Who do I contact if I have questions?

1. What is the issue?

   On January 1, 2004, Phase 3 of the Personal Information Protection and Electronic Documents Act (PIPEDA) was implemented. The collection of data for two voluntary Employment Insurance verification programs, the Automated Earnings Reporting System (AERS) and Report on Hirings (ROH), was temporarily suspended while Human Resources and Skills Development Canada — formerly Human Resources Development Canada — clarified its lawful authority.

   HRSDC developed programs, such as AERS and ROH to help prevent, deter and detect misuse and abuse of the Employment Insurance (EI) fund while, at the same time, ensuring that the rights and obligations of employees are protected. The AERS and ROH programs are used to collect payroll and hiring data to prevent and detect early the misuse and abuse of the EI fund with the least administrative burden possible on the employer. Employees of companies that participate in the AERS and ROH programs benefit because errors are identified earlier, resulting in smaller overpayments and consequently smaller repayments, keeping financial hardship for the claimant to a minimum.
    
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2. Could you, please, provide an update?

   In terms of the disclosure of information about employees, PIPEDA distinguishes between employers that are federal works, undertakings or businesses — including airlines, banks, interprovincial transportation, radio and television broadcasting, and telecommunications industries — and those that are not.

   It was determined that PIPEDA only applies to the disclosure of employee information by organizations that are considered federal works, undertakings or businesses. PIPEDA allows this group of employers to disclose personal information without the knowledge or consent of an employee if the disclosure is made to a government institution that has identified its lawful authority, and if it is for the purpose of administering a law of Canada.
    
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3. Does provincial privacy legislation have an impact on the Automated Earnings Reporting System (AERS) and Report on Hirings (ROH) programs?

   At this time, Quebec, British Columbia, and Alberta currently have private sector privacy legislation in place that applies to the disclosure of employee information by an employer. In all these cases, disclosure is permitted to a government institution as long as the government institution has the lawful authority to obtain that information.
    
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4. Has Human Resources and Skills Development Canada (HRSDC) obtained the lawful authority?

   Yes. A regulatory amendment — section 55.1 of the Employment Insurance Regulations — clarified that HRSDC has the lawful authority to obtain employee information from participants of the AERS and ROH programs. Employers participating in the AERS and ROH programs prior to the suspension will soon be contacted and advised when they can start sending their payroll or hiring data to HRSDC.
    
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5. The wording of this regulation states that "employers shall provide information to the Commission." What does this mean for these two programs?

   Participation in the AERS and ROH programs remains voluntary; however, once the employer participates in AERS and ROH, there is a requirement to provide payroll and hiring data to HRSDC regularly. Failure to do so would result in a follow-up to the employer prior to their removal from the programs.
    
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6. I am an Automated Earnings Reporting System (AERS) participant. How can I restore my participation in the program?

   A representative from HRSDC will call you soon to give you instructions on how to restore your participation in the AERS program.

   If you have any questions or require further clarification on this issue, please contact Robert Leblanc toll free at 1 866 648-6937 or Sherry Sharpe at 1 866 866-0766.
    
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7. I am a Report on Hirings (ROH) participant. How can I restore my participation in the program?

   Central Payroll System and Automated Report on Hirings: send your file(s) to HRSDC commencing with the period beginning — insert month of reg in force.

   Manual Report on Hirings: simply complete the Hirings Details form, which will be sent to your organization.
    
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8. Who do I contact if I have questions?

   For questions relating to the AERS program, you can contact Robert Leblanc toll free at 1 866 648-6937 or Sherry Sharpe at 1 866 866-0766.

   For questions relating to the ROH program, you can contact the Miramichi Investigation Centre toll free at 1 800 615-9144.

   For questions about the Personal Information Protection and Electronic Documents Act (PIPEDA), you should contact the Office of the Privacy Commissioner:

   • By mail: 112 Kent Street, Ottawa, Ontario, K1A 1H3
   • Internet: www.privcom.gc.ca
   • E-mail enquiries: info@privcom.gc.ca
   • Phone: 613 995-8210 or 1 800 282-1376, toll free
   • Fax: 613 947-6850

   For more information about the reactivation of the Automated Earnings Reporting System and Report on Hirings programs, visit our Web site.