Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act

Loi

Act means the Department of Human Resources and Skills Development Act. (Loi)

Canadian citizen

citoyen canadien

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

permanent resident

résident permanent

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

registration

enregistrement

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

status

statut

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

Application for Registration

Marginal note:Information required

2 Any application to register a person must be submitted in the manner and form required by the Commission, must include supporting documents that are sufficient to establish the person’s identity and status and must contain the following information:

• (a) the person’s full name;

• (b) their name at birth, if it differs from their name at the time of the application;

• (c) their date of birth;

• (d) their place of birth;

• (e) the full name at birth of their mother; and

• (f) the full name at birth of their father.

Marginal note:Submission and signature

• 3 (1) Subject to subsections (2) and (3), an application to register a person must be made and signed

  • (a) if the person is 12 years of age or older, by that person or by a person who is legally authorized to act in their name or on their behalf; and

  • (b) if the person is under 12 years of age, by a parent or other person who is legally authorized to act in their name or on their behalf.

• Marginal note:Agreement between Commission and province

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

• Marginal note:Unable to sign

  (3) If a person who applies to be registered is unable to sign their name, they may attest the application by making their mark in the presence of two witnesses who sign the application.

• Marginal note:Absence of signature or mark

  (4) If an application for the registration of a person has been made in accordance with section 2, the Commission may register the person and assign them a Social Insurance Number despite the absence of the signature or mark.

Marginal note:Failure to apply for religious or other reasons

4 If a person who is required by law to have a Social Insurance Number is unwilling or unable to apply for registration because of religious beliefs or for other reasons, the Commission may register the person and assign a Social Insurance Number to that person if it has sufficient information about the person to establish their identity and status.

Marginal note:Lost card

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

• Marginal note:Application for replacement

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

  • (a) the information and supporting documents required by section 2; and

  • (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.

Marginal note:Prohibition

6 A Social Insurance Number Card must not be imported or exported by any person by means of a confirmed delivery service unless at the time of the importation or exportation the Commission verifies that it is not being imported or exported for a prohibited use described in subsection 28.4(1) of the Act.

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

Marginal note:Additional information required

7 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 grounds that support the application.

Marginal note:Assignment of number

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

Marginal note:Period of validity — applicant outside Canada

• 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.

• Marginal note:Period of validity — applicant in Canada

  (2) 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:

  • (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

  • (b) the day that is two years after the day on which the number is assigned.

Marginal note:Application to extend period of validity

• 10 (1) If a Social Insurance Number that begins with “9” is about to expire or has expired, the person to whom it was assigned may apply to the Commission for an extended or a new period of validity equivalent to the period set out in section 9 that is applicable.

• Marginal note:Information required

  (2) 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 grounds that support the application.

Marginal note:Card issued without expiry date

11 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.

Marginal note:Use of expired number prohibited

12 It is prohibited for a person to use a Social Insurance Number Card that has expired or a Social Insurance Number whose period of validity has expired.

Marginal note:Number voided — beginning with 9

• 13 (1) On the application of a person who has been assigned a Social Insurance Number that begins with “9” and has since become a Canadian citizen or permanent resident, the Commission must void the previously assigned number and assign a new Social Insurance Number that begins with a number other than “9”.

• Marginal note:Application for new number

  (2) The application must be made in the form and manner required by the Commission and must contain

  • (a) the information and supporting documents required by section 2; and

  • (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.

Marginal note:Number voided — not beginning with 9

14 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”.

Consequential Amendments to the Employment Insurance Regulations

15 [Amendment]

16 [Amendment]

17 [Amendment]

Coming into Force

Marginal note:April 30, 2013

18 These Regulations come into force on April 30, 2013.