The Guidelines for Privacy and Confidentiality
The authorities typically require the account holder to consent to and to accept that the Commission will collect and use identifying information. This would typically include the Business Number, for the purposes of identifying any Record of Employment (ROE) that the account holder has submitted via the Record of Employment (ROE) Web as well as for communicating with the account holder.
The account holder would need to inform each user that their identifying information, as provided by the user or collected by the account holder, for the purpose of the Record of Employment (ROE) Web Enrollment:
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Might be sent to the Commission upon request
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Might be used for identifying the user accessing the Record of Employment (ROE) Web and managing the Records of Employment (ROEs) and,
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Might be used for the revocation of the users’ access to the Record of Employment (ROE) Web
As such, the account holder would need to ensure and warrant that each user has provided consent to any such collection of the identifying information provided by the user prior to the Record of Employment (ROE) Web Enrollment. In addition, the account holder would need to ensure and warrant that each user has provided consent to any such disclosure of the identifying information provided by the user prior to the Record of Employment (ROE) Web Enrollment.
It is worth highlighting that the account holder and any user have the right for accessing their identifying information from the records that the Commission maintains. In addition, the account holder and any user can request for the correction of any of their identifying information as well. This is in accordance with the provisions specified in the Privacy Act (RSC, 1985, c. P-21), as amended from time to time.
The authorities understand that the account holder or any user might, at any time, withdraw their consent provided to the authorities based on the terms specified in the first two points of this section. For this, the account holder and the users would need to notify the Commission of their decisions. Once the account holder and the users notify the Commission, it is worth mentioning that the Commission might not be able to provide them, or to continue to provide them, with access to the Record of Employment (ROE) Web. In this scenario, these individuals would need to submit Records of Employment (ROEs) by other means. Until the receipt of such notification, the Commission remains entitled to rely on the information it possesses.
The Guidelines for No Partnership
The Commission and the account holder expressly disclaim any intention of creating:
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A partnership
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An employer / employee relationship
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A joint venture
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A joint enterprise or,
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A fiduciary relationship
Both sides understand, acknowledge and agree that any nothing contained in this agreement nor any acts of the Commission or the account holder or any relying party would constitute or be deemed to constitute the Commission and the account holder as having, in any way or for any purpose:
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A partnership
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An employer / employee relationship
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A principal and agent relationship
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A trustee and beneficiary relationship
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A joint venture
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A joint enterprise or,
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A fiduciary relationship
The Guidelines Concerning Assignment
The account holder has the ability to assign this agreement – both in part or in whole. Similarly, the Commission has the authority to assign any part or all of this agreement as well. In addition, the Commission could contract out any or all of its services. These would typically include any services pertaining to the Record of Employment (ROE) Web.
The Guidelines Concerning Termination
It is worth highlighting that either party can terminate this agreement without cause upon a 30-day written notice.
In addition, the Commission could terminate this agreement without notice in case the account holder fails to comply with any of the account holder’s obligations specified in this agreement. For greater clarity, the termination of the agreement shall take effect on the date that the account holder failed to comply with its obligations to any extent.
Situations could arise where the account holder ceases to agree to be bound by the terms of this agreement. If, at any time and for any reason, this eventuality occurs, the account holder and every user would need to immediately cease to access or to use the Record of Employment (ROE) Web Account. Thereafter, they would also need to notify the Commission.
Upon the termination of this agreement, the authorities would terminate the account holder’s access to the Record of Employment (ROE) Web Account. Thereafter, they would revoke all the accesses of the related users without notice.
Where this agreement calls for notice, unless specified otherwise, the initiator would need to provide such notice in writing. In addition, the person providing the notice would need to deliver this notice by mail, by facsimile, by e-mail or by any other means of communication approved by the Commission. The authorities shall deem to have received a notice on the fifth business day after mailing if the person providing the notice has sent the notice via regular mail. Alternatively, the authorities shall deem to have received a notice on the first business day after the date of transmission if the person providing the notice has sent the notice via facsimile or electronic mail.
The person providing the notice would need to send the notice to the Commission at:
To the Attention of:
By Mail:
Business Registration Centre
Service Canada
P.O. Box 14000
Bathurst, NB E2A 5A3
By Facsimile:
1-506-548-7149
By E-mail:
NC-INS-ASSUR_ROE_RE_WEB-GD@hrsdc-rhdcc.gc.ca
