SOR-2013-82 — Social Insurance Number Regulations

Provision

The Canada Employment Insurance Commission, pursuant to subsection 28.2(4) a of the Department of Human Resources and Skills Development Act b and section 140 c of the Employment Insurance Act d, makes the annexed Social Insurance Number Regulations. S.C. 2012, c. 19, s. 304 S.C. 2005, c. 34 S.C. 2012, c. 19, s. 308 S.C. 1996, c. 23

Provision

March 11, 2013

Provision

IAN SHUGART Chairperson Canada Employment Insurance Commission

Provision

MARY-LOU DONNELLY Commissioner (Workers) Canada Employment Insurance Commission

Provision

JUDITH ANDREW Commission (Employers) Canada Employment Insurance Commission

Provision

His Excellency the Governor General in Council, on the recommendation of the Minister of Human Resources and Skills Development, pursuant to subsection 28.2(4) a of the Department of Human Resources and Skills Development Act b and section 140 c of the Employment Insurance Act d, approves the annexed Social Insurance Number Regulations, made by the Canada Employment Insurance Commission.

s. 1 — Definitions

The following definitions apply in these Regulations.

s. 1 — Act

Act means the Department of Employment and Social Development Act. (Loi)

s. 1 — Canadian citizen

Canadian citizen means citizen as set out in section 3 of the Citizenship Act. (citoyen canadien)

s. 1 — permanent resident

permanent resident has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (résident permanent)

s. 1 — registration

registration means registration with the Commission under section 28.1 or 28.2 of the Act. (enregistrement)

s. 1 — status

status means status under the laws governing Canadian citizenship and immigration to Canada. (statut)

s. 2 — Information required

Any application to register a person must be made in the form and manner required by the Commission and must include 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:

s. 2(a)

the person’s full name;

s. 2(b)

their name at birth, if it differs from their name at the time of the application;

s. 2(c)

their date of birth;

s. 2(d)

their place of birth; and

s. 2(e)

the full name at birth of their parents.

s. 2(f)

[Repealed]

s. 3 — Making

s. 3(1)

Subject to subsection (2), an application for registration must be made by one of the following persons and must include an attestation made by that person in the form and manner required by the Commission:

s. 3(1)(a)

if the person to be registered is 12 years of age or older, that person, one of their parents or any other person who is legally authorized to act in their name or on their behalf; and

s. 3(1)(b)

if the person to be registered is under 12 years of age, one of their parents or any other person who is legally authorized to act in their name or on their behalf.

s. 3(2) — Agreement between Commission and province

If an agreement providing for registration at birth has been made between the Commission and the government of the province where the person to be registered was born, an application to register that person must be made by an official responsible for registering births in that province.

s. 4 — Refusal to apply

If a person who is required by law to have a Social Insurance Number refuses to apply for registration, the Commission must register the person and assign a Social Insurance Number to that person if it has information that establishes their identity and status.

s. 5 — Lost card

s. 5(1)

A person whose Social Insurance Number Card has been lost, destroyed or defaced may apply to the Commission for a replacement.

s. 5(2) — Application for replacement

The application for a replacement must be made in the form and manner required by the Commission and must contain

s. 5(2)(a)

the information and documents required by section 2; and

s. 5(2)(b)

the person’s Social Insurance Number or, if the number is not known, a statement that the person was previously assigned a Social Insurance Number.

s. 6

[Repealed]

s. 7 — Additional information required

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.

s. 8 — Assignment of number

A Social Insurance Number assigned to a person described in section 7 must begin with the number “9”.

s. 9 — Period of validity — applicant outside Canada

s. 9(1)

A Social Insurance Number that begins with “9” and is assigned to a person who was not in Canada when they applied to be registered has a period of validity that expires five years after the day on which the number was assigned.

s. 9(2) — Period of validity — applicant in Canada

A Social Insurance Number that begins with “9” and is assigned to a person who was in Canada when they applied to be registered has a period of validity that expires on the earlier of the following days:

s. 9(2)(a)

the day on which the period authorized for their stay in Canada ends, as determined under subsection 183(4) of the Immigration and Refugee Protection Regulations; and

s. 9(2)(b)

the day that is two years after the day on which the number is assigned.

s. 10 — Application to extend period of validity

s. 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.

s. 10(2) — Additional information required

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.

s. 11 — Card issued without expiry date

For greater certainty, any Social Insurance Number Card that was issued without an expiry date to a person who was not a Canadian citizen or permanent resident expired on April 3, 2004.

s. 12

[Repealed]

s. 13 — Notification — status and number

s. 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.

s. 13(2) — Old number voided — new number assigned

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.

s. 14 — Number voided — not beginning with 9

If a person who is not a Canadian citizen or permanent resident applies for a replacement card under section 5 or informs the Commission of a change of name in accordance with section 28.3 of the Act or section 139 of the Employment Insurance Act and their Social Insurance Number does not begin with “9”, the Commission must void the previously assigned number and assign a new Social Insurance Number that begins with “9”.

s. 15

[Amendment]

s. 16

[Amendment]

s. 17

[Amendment]

s. 18 — April 30, 2013

These Regulations come into force on April 30, 2013.

SOR-2013-82 Social Insurance Number Regulations

Resolution

Interpretation

Application for Registration

Persons Referred to in Section 90 of the Immigration and Refugee Protection Act

Consequential Amendments to the Employment Insurance Regulations

Coming into Force