ESDC's Forward Regulatory Plan: 2015-2017

Proposed Regulatory Initiatives: 2015-2017

• Regulations Amending the Old Age Security Regulations – Proactive Enrolment for Old Age Security (OAS) benefits

  Description of the Objective

  Regulatory amendments are required to support the second phase of the Old Age Security (OAS) proactive enrolment initiative, which was announced in Budget 2012. The second phase of this initiative will enable automatic enrolment for the full OAS pension for individuals who have 40 years of Canada Pension Plan/Quebec Pension Plan participation and income tax filings after age 18.

  Indication of Business Impacts

  There are no expected business impacts.

  Public Consultation Opportunities

  Consultations on the proactive enrolment initiative were held via Parliamentary debate as part of the tabling of the Jobs, Growth and Long-term Prosperity Act. Legislative amendments to the Old Age Security Act were included as part of that Act, and received Royal Assent on June 29, 2012. In addition, pre-publication of these amendments in the Canada Gazette , Part I will provide an opportunity for Canadians to comment on the proposed legislation.

  Departmental Contact

  Nathalie Martel
  Director
  Old Age Security Policy, Income Security and Social Development Branch
  Employment and Social Development Canada
  819-654-2757
  nathalie.martel@hrsdc-rhdcc.gc.ca

• Regulations Amending the Department of Employment and Social Development Regulations – Addition of “Public Works and Government Services Canada”

  Description of the Objective

  Public Works and Government Services Canada (PWGSC) is authorized to administer the Public Service Superannuation Act, the Canadian Forces Superannuation Act and the Royal Canadian Mounted Police Superannuation Act (superannuation legislation). Superannuation legislation requires that benefits be reduced if a retiree receives a Canada Pension Plan (CPP) disability pension. Currently, CPP information is shared between ESDC and PWGSC using a signed consent form.

  Subsection 35(1) of the Department of Employment and Social Development Act (DESD Act) allows for personal information to be made available to a minister of a prescribed federal institution as set out in the DESD Regulations. This amendment will add PWGSC as a federal institution and provide a reference to the superannuation legislation that PWGSC administers in Section 3.1 of the DESD Regulations. This change will allow for an information sharing agreement (ISA) to replace the consent requirement.

  Indication of Business Impacts

  There are no expected business impacts.

  Public Consultation Opportunities

  Pre-publication in Part I of the Canada Gazette , involving a 30-day consultation period, is being sought late spring 2015, there will be opportunities for public comment upon publication.

  Departmental Contact

  Marianna Giordano
  Director, Canada Pension Plan Policy and Legislation
  Seniors and Pensions Policy Secretariat
  Income Security and Social Development Branch
  Employment and Social Development Canada
  819-654-1672
  marianna.giordano@hrsdc-rhdcc.gc.ca

• Amendment to Section 2 and Repeal of Sections 4 and 6 of the Canada Pension Plan (Social Insurance Numbers) Regulations – Correction due to Language Discrepancy and Repeal of Provisions Administrative in Nature

  Description of the Objective

  The Standing Joint Committee for the Scrutiny of Regulations (the Committee) has suggested that Section 2, specifically the definition of “local office of the Commission”, contains a discrepancy between the English and French wording. This discrepancy will be corrected. The Committee has also suggested that Section 4, which describes sources of application forms, serves no legislative purpose. This Section will also be repealed. Finally, Section 6 of the Canada Pension Plan (Social Insurance Numbers) Regulations (CPP (SIN) Regulations), outlining employer duties, be repealed because there are no sanctions under the CPP legislation for employers failing to comply. Presently, the purpose of this section is to advise employees and employers that the Commission must be informed, within a specific timeframe, of an employee’s Social Insurance Number or lack thereof, in order for it to be able to identify this employee. However, if the employer does not comply, there are no sanctions. Thus, this section is viewed by the Committee as having no legislative purpose.

  Indication of Business Impacts

  There are no expected business impacts.

  Public Consultation Opportunities

  Given the administrative nature of these regulatory amendments, there a no public consultation opportunities planned at this time. Treasury Board Secretariat approval will be sought for exemption to Canada Gazette Part I pre-publication.

  Departmental Contact

  Marianna Giordano
  Director, Canada Pension Plan Policy and Legislation
  Seniors and Pensions Policy Secretariat
  Income Security and Social Development Branch
  Employment and Social Development Canada
  819-654-1672
  marianna.giordano@hrsdc-rhdcc.gc.ca