Amending Agreement No.1 for Annex 5 of the Canada – British Columbia Labour Market Development Agreement
Information for reference
This text copy of the bilateral transfer agreement between the Government of Canada and British Columbia is provided for reference and research purposes only. The final signed version of the agreement is the official version between the parties.
On this page
- List of acronyms and abbreviations
- Preamble
- Clauses
- Schedule 1
- Appendix A - Privacy breach requirements
List of acronyms and abbreviations
BPC: Benefit Period Commencement
British Columbia: The Government of British Columbia
Canada: The Government of Canada
COPS: Canadian Occupational Projection System
DESD Act: Department of Employment and Social Development Act
EI Act: Employment Insurance Act
FLMM: Forum of Labour Market Ministers
FOIP Act: Freedom of Information and Protection of Privacy Act
ICM: Integrated case management
IT: Information Technology
LMDA: Labour Market Development Agreement
NES: National Employment Service
NLMIS: National Labour Market Information System
NOC: National Occupation Classification
Between
The Government of Canada (hereinafter referred to as "Canada") as represented by the Minister of Employment and Social Development styled as the Minister of Families, Children and Social Development and the Canada Employment Insurance Commission;
And
The Government of British Columbia (hereinafter referred to as "British Columbia") represented by the Minister of Social Development and Social Innovation
Hereinafter referred to as “the Parties”.
Preamble
Whereas Canada and British Columbia entered into a Labour Market Development Agreement on February 20, 2008 (hereinafter referred to as the “LMDA”), in which Canada and British Columbia agreed to certain arrangements relating to the provision of contributions by Canada pursuant to section 63 of the Employment Insurance Act to support the costs of benefits and measures (referred to in the LMDA as “BC Benefits and Measures”) provided by British Columbia that are similar to Canada's employment benefits and support measures and that are consistent with the purpose and guidelines of Part II of the Employment Insurance Act;
Whereas Canada and British Columbia wish to amend Annex 5 of the LMDA entitled “Exchange of Information and Data Sharing Arrangements”;
Whereas under section 25.2 of the LMDA, the designated officials of Canada and British Columbia are authorized to sign amendments to any Annex to the LMDA;
Now, therefore, Canada and British Columbia agree as follows:
Clauses
- Annex 5 of the Canada-British Columbia LMDA is hereby replaced in its entirety by the attached Annex 5, Exchange of Information and Data Sharing Arrangements, which shall be binding on the parties effective as of the date of signing of this Amending Agreement
- The LMDA in all other respects shall remain the same
Signed on behalf of Canada this 1st day of Sept, 2015.
______________________
Witness
______________________
Michael Gardiner
Assistant Deputy Minister
Assistant Deputy Minister’s Office
Western Canada and Territories Region
Signed on behalf of British Columbia this 12th day of August, 2015.
______________________
Witness
______________________
Sheila Taylor
Deputy Minister
Ministry of Social Development and Social Innovation
Schedule 1
Annex 5 – Exchange of information and data sharing arrangements
1.0 Purpose
1.1 The purpose of this Annex to the Canada-British Columbia Labour Market Development Agreement (LMDA) is to provide for the exchange of information, including “personal information” as defined in section 3 of Canada’s Privacy Act and Schedule 1 of British Columbia’s Freedom of Information and Protection of Privacy Act, and “information” as defined in subsection 30(1) of the Department of Employment and Social Development Act (DESD Act), between the parties. Personal information includes social insurance numbers.
2.0 Authorities
Canada’s Authorities:
2.1 With respect to the information to be provided by Canada to British Columbia under section 3 of this Annex, Canada confirms that it is authorized under subsection 34(1) of the DESD Act to provide such personal information to British Columbia for the purposes set out in section 3. In this regard:
- (a) the personal information set out in section 3 consists of information obtained by the Canada Employment Insurance Commission or the Department of Employment and Social Development from persons under the Employment Insurance Act (EI Act), and of information prepared from such information;
- (b) subsection 34(1) of the DESD Act authorizes the disclosure of the aforementioned personal information to any person or body for the administration or enforcement of the program for which it was obtained or prepared; and
- (c) the personal information described in section 3 of this Annex will be disclosed to British Columbia only for the purposes described herein.
2.2 With respect to the information to be collected by Canada from British Columbia under section 4 of this Annex, Canada confirms that it is authorized under the EI Act to collect such personal information from British Columbia for the purposes set out in section 4.
British Columbia’s Authorities:
2.3 With respect to the personal information to be provided by British Columbia to Canada under section 4 of this Annex, British Columbia confirms that it is authorized under paragraph 33.1(1)(d) of British Columbia’s Freedom of Information and Protection of Privacy Act to provide such information to Canada for the purposes set out in section 4.
2.4 With respect to the information to be collected by British Columbia from Canada under section 3 of this Annex, British Columbia confirms that it is authorized under sections 26 (c) and 27 (1) (a) (i) of British Columbia’s Freedom of Information and Protection of Privacy Act, with the consent of the individual the information is about, to collect such information from Canada for the purposes set out in section 3.
3.0 Information to be provided by Canada to British Columbia
3.1 Canada will provide to British Columbia, when requested by British Columbia, on a per individual basis, the following personal information under Canada’s control from an individual’s file for the purposes of:
- (a) assisting British Columbia in establishing and verifying if the individual qualifies as an EI Client who is not an Active EI Claimant (i.e. who qualifies as a former EI claimant) and is therefore eligible for, or entitled to, assistance under BC Benefits and Measures:
- name
- social insurance number
- address
- postal code
- telephone number
- date of birth
- federal office code – if available
- gender
- language (French or English)
- EI Client status – with explanatory messages
- Provincial/Territorial Parental Benefits (P/TPB) client status, if applicable, with explanatory messages
- identification if on an intervention, with explanatory messages; and
- (b) in respect of an individual, who has been determined to be an Active EI Claimant who is eligible for, or entitled to, assistance under BC Benefits and Measures, assisting British Columbia in determining the nature and level of financial assistance to be provided to the EI Client under BC Benefits and Measures:
- name
- social insurance number
- address
- postal code
- telephone number
- date of birth
- federal office code – if available
- gender
- language (French or English)
- EI Client status, with explanatory messages
- Provincial/Territorial Parental Benefits (P/TPB) client status, if applicable, with explanatory messages
- identification if on an intervention, with explanatory messages
EI claim information:
- benefit period commencement (BPC)
- type of EI benefit (claim type, e.g. regular, etc.)
- number of eligible weeks
- number of weeks paid (number of weeks paid in special benefits and number of weeks paid in regular benefits identified if on same claim)
- EI benefit rate – Part I
- federal tax deducted
- provincial tax deducted
- week of renewal
- latest renewable week
- last week processed
- expected end date of Part I
- apprenticeship (yes/no)
- apprenticeship waiting period waived (yes/no)
- stop payment – yes/no
- if yes – date of stop payment
- disentitlements, if applicable
- start date
- end date
- explanatory messages
- disqualifications, if applicable
- start date
- disqualification weeks remaining
- explanatory messages
- allocation of earnings
- start week
- end week
- allocation of earnings weekly amount
- last week of allocation of earnings
Canada, may on its own initiative, provide to British Columbia an update on any or all of the above information, for use by British Columbia in reviewing, as needed, the purpose and amount of the financial assistance provided to the EI Client by British Columbia.
3.2 When Canada is unable to successfully process the information submitted by British Columbia pursuant to section 4.2 of this Annex, regarding the referral by British Columbia of an Active EI Claimant to a British Columbia Benefit, for purposes of sections 25 and 27 of the EI Act, Canada will provide to British Columbia any or all of the following personal information under Canada’s control on the EI Clients so referred, for use by British Columbia in reviewing or modifying the information previously submitted to Canada:
- name
- social insurance number
- EI Client status
- P/TPB client status
- federal office code
- provincial office/catchment code
- intervention type (e.g. training, job creation, self-employment)
- training ID (for training interventions)
- institution code (if available)
- apprentice indicator
- no claimant report code (for apprentices)
- start week(s)/date(s) of intervention
- end week(s)/date(s) of intervention
- intervention break start week/date
- intervention break end week/date
- agreement/file number
- rate (EI Part II)
- error code
- definition of error code
3.3 Canada will provide to British Columbia on a monthly basis any or all of the following personal information under Canada’s control on all EI Clients and all non-insured participants who have received assistance from British Columbia under BC Benefits and Measures, for use by British Columbia for the review, analysis and verification of the data calculated or held by Canada for monitoring, assessment and reporting purposes. This information will be provided in a mutually agreed upon format.
3.3.1 Based on the monthly data files on EI Clients and non-insured participants participating in BC Benefits and Measures, as provided by British Columbia in section 4.3, the following personal information will be provided to British Columbia by Canada in a return file to assist British Columbia in reviewing and verifying Canada’s reporting of results on the number of clients employed and the amount of their unpaid benefits:
- social insurance number
- provincial office/catchment code
- EI Client status
- benefit period commencement
- initial benefit period
- new benefit period commencement
- last week of entitlement
- benefit rate
- month code
- last week processed
- total weeks paid
- weeks paid sub-counter
- unpaid benefits
- training ID
- intervention code
- intervention start date
- intervention end date
- training/self-employment project start week
- training/self-employment project end week
- action plan ID (ICM Service Plan number)
- action plan result
- action plan result week/date
- intervention result
- intervention result week/date
- apprenticeship client indicator
- group services type
- date of group session
- unit 143 – LMDA EI claimants who find employment before the end of their insurance entitlement period as a result of BC Benefits and Measures
- unit 144 – LMDA EI claimants who are recorded as employed after their insurance entitlement period as a result of BC Benefits and Measures
- unit 145 – LMDA EI claimants who become employed before the end of their insurance entitlement period as a result of a BC group service
- unit 146 – former LMDA EI claimants who become employed as a result of BC Benefits and Measures
- unit 152 –EI Part I unpaid benefits resulting from EI claimants employed before end of insurance entitlement period, as a result of BC Benefits and Measures (corresponds to unit 143 – non - TWS)
- unit 153 –EI Part I unpaid benefits resulting from EI claimants employed before end of insurance entitlement period as a result of a BC TWS intervention (wage subsidy - corresponds to unit 143 – TWS program)
- unit 154 –EI Part I unpaid benefits resulting from EI claimants employed before end of insurance entitlement period as a result of a BC group service (corresponds to unit 145)
3.4 Upon request, and based on the monthly data files on EI Clients and non-insured participants who are participating in BC Benefits and Measures, as provided by British Columbia in section 4.3, the following personal information will be provided to British Columbia for the review and verification of Canada’s reporting of results. The personal information will be provided in two different data sets (by client and intervention):
- social insurance number
- age
- gender
- designated group indicators (persons with disabilities, members of visible minority groups, aboriginal peoples)
- provincial office/catchment code
- EI Client type
- action plan ID (ICM Service Plan number)
- action plan creation date
- action plan start date
- action plan end date
- action plan result (if available)
- action plan result date (if available)
- missing action plan indicator
- intervention code (type of intervention)
- intervention start date
- intervention end date
- benefit rate
- last renewable week
3.5 Canada will provide to British Columbia, when requested by British Columbia and based on the selection criteria identified by British Columbia, on a per individual basis, any or all of the following personal information under Canada’s control from an individual’s file for the purpose of assisting British Columbia in contacting individuals who have recently applied for benefits under Part I of the EI Act who may be interested in receiving assistance under BC Benefits and Measures, in order to facilitate their return to work:
- name
- social insurance number
- address
- postal code
- telephone number
- e-mail address (if available)
- gender
- date of birth
- official language of service (written)
- official language of service (spoken)
- federal office code associated with the client’s postal code
- provincial office/catchment code associated with the client’s postal code
- referral type (occupation in demand/job-ready or other)
- referral source (Appli-web, second referral)
- referral code and reason (i.e. the targeting criteria used to refer the client)
- National Occupational Classification (NOC) code for the most recent job
3.6 Upon request Canada will provide to British Columbia, any or all of the following personal information under Canada’s control on all EI Clients residing in British Columbia, who are Active EI Claimants, to assist British Columbia in the strategic planning of the delivery of BC Benefits and Measures:
- postal code (first three digits)
- federal office code
- provincial office/catchment code
- date of birth – month and year
- preferred official language (French or English)
- gender
- education level (where available as self-identified information)
- disability status (where available as self-identified information)
- visible minority (where available as self-identified information)
- aboriginal group (where available as self-identified information)
- EI claim status
- EI claim type (1=active claimant able to work, 2=other)
- EI claim category (long-tenured worker, occasional claimant, frequent claimant)
- regular EI claimant without declared earnings – yes/no
- seasonal user
- weekly benefit rate
- number of entitlement weeks
- renewal week
- benefit period commencement
- first week of the last claimant’s report sent
- first insurable week
- insured weeks/hours
- last week processed
- total number of weeks paid
- total benefits paid since the claim began
- last week worked
- insurable earnings
- National Occupational Classification (NOC) code of last job
- North American Industry Classification System code of last job
Any reports created by British Columbia or Canada involving these data elements must be in aggregates of no less than 10.
3.7 British Columbia understands that it cannot use any of the personal information received from Canada under this Annex for research or statistical purposes.
3.7.1 Should British Columbia wish to receive from Canada personal information for research or statistical purposes, Canada will assess each request on a case by case basis. Canada may make personal information available to British Columbia for research or statistical purposes upon being satisfied that the conditions set out in section 38 of the DESD Act are met. The information to be shared would be the subject of a separate information-sharing agreement.
3.8 For the purposes of detecting overpayments of financial assistance due to error, misrepresentation or fraud in relation to any individual who is receiving, or who has received, assistance from British Columbia under British Columbia Benefits, Canada will provide to British Columbia where available and upon written request, on a per individual basis, any or all of the following personal information under Canada’s control about the individual:
- name
- social insurance number
- birth date
- address
- postal code
- telephone number
- type of benefits
- benefit commencement period
- waiting period weeks (in week code)
- gross weekly benefit rate (excluding the family supplement)
- net weekly benefit rate (excluding the family supplement)
- claim termination date
- number of entitlement weeks
- last week processed (in week code)
- weeks paid (in week code)
- payment indicator for each of the declarations referenced
- name and address of employer who issued the last record of employment used to establish the EI claim during which the client began participation in a British Columbia intervention
- NOC code of last job
- number of insurable hours of last job
- explanatory messages
3.9 Canada may also, on its own initiative, provide to British Columbia the information listed in section 3.8 about any individual who receives assistance under Canada’s programs where it suspects that the individual is not entitled to that assistance or insurance benefits under Part I of the EI Act to which the individual is not entitled.
3.10 Following any amendment to the EI Act, Canada will provide to British Columbia, when requested by British Columbia, on a per individual basis, the following personal information under Canada’s control in respect of each Active EI Claimant who is receiving or has received financial assistance while participating in British Columbia Benefits, to assist British Columbia in communicating with the client or in determining whether any revisions to British Columbia Benefits are required:
- name
- social insurance number
- address
- postal code
- telephone number
- language (English or French)
- federal office code
- Part I benefit period commencement
- Part I end date
- original EI entitlement (in weeks)
- amended EI entitlement (in weeks)
- total weeks paid to date
- last week processed
- intervention type
- training ID
- start week(s)/date(s) of intervention
- end week(s)/date(s) of intervention
- agreement/file number
- benefit rate
- last renewable week
3.11 Upon being provided with the information outlined in section 5.4 of this Annex, Canada will provide those British Columbia employees identified therein with the following information to permit electronic access to any personal information held by Canada and described in this Annex:
- employee name
- usercode number
- temporary password
- temporary authorization code
4.0 Information to be provided by British Columbia to Canada
4.1 British Columbia will provide Canada, on a per individual basis, the following personal information under British Columbia’s control about each individual who submits an application under BC Benefits and Measures, for the purposes of establishing and verifying if the individual qualifies as an EI Client:
- social insurance number
- first and last names
- eligibility date
4.2 British Columbia will provide to Canada for the following purposes, the following personal information under British Columbia’s control about each Active EI Claimant and who is receiving assistance under British Columbia Benefits:
- (a) to ensure that Active EI Claimants continue to receive the employment insurance benefits under Part I of the EI Act to which they are entitled while participating in British Columbia Benefits (for purposes of section 25 of the EI Act):
- name
- social insurance number
- provincial office/catchment code
- intervention type (e.g. training, job creation, self-employment)
- training ID (for training interventions)
- institution code (if available)
- start week(s)/date(s) of intervention
- end week(s)/date(s) of intervention
- intervention break start week/date
- intervention break end week/date
- authorization for absence from Canada during intervention, with dates, if applicable
- agreement/file number (if available)
- apprentice indicator
- no claimant report code (for apprentices)
- rate (EI Part II)
- (b) to allow Canada to verify the ongoing eligibility of Active EI Claimants for, or entitlement to, employment insurance benefits under Part I of the EI Act (for the purposes of sections 25 and 27 of the EI Act):
- name
- social insurance number
- intervention type
- date for absence from or for leaving the intervention prior to completion
- reason for absence from, for departure, for abandoning, or for cancelling participation in the intervention, if known
- (c) to allow Canada to determine the eligibility for, or entitlement to, employment insurance benefits under Part I of the EI Act of an individual who is authorized by British Columbia to quit their job in order to participate in a British Columbia Benefit (for the purposes of section 25 of the EI Act):
- name
- social insurance number
- date on which British Columbia’s authorization takes effect (last day of work)
- start date of participation in a British Columbia Benefit, with rationale if more than two weeks after last day of work
- name and signature of designated authority, with signature date
4.3 Where available, British Columbia will provide to Canada the following personal information under British Columbia’s control:
- (a) about each EI Client who is participating in BC Benefits and Measures, and
- (b) for each other non-insured individual (who is not an EI Client) and who is participating in BC Benefits and Measures,
for the purpose of assisting Canada in monitoring, assessing and evaluating the effectiveness of the assistance provided by British Columbia under BC Benefits and Measures, which Canada is required to do under Articles 9 and 11 of this LMDA:
- name
- social insurance number
- address
- postal code
- telephone number
- date of birth
- gender
- disability status (as self-identified information)
- visible minority (as self-identified information)
- aboriginal group (as self-identified information)
- educational attainment
- marital status
- family type
- number of dependents
- citizenship/immigration status
- immigration – date of arrival in Canada
- official language preferred (French or English)
- labour force attachment prior to intervention
- current/last employment, including NOC code, years of experience, part-time/full-time, start date, end date, salary, reason for leaving job
- type of benefit income from government sources
- EI Client status
- social assistance client status
- action plan ID (ICM service plan number)
- creation date of action plan
- start date of action plan
- provincial intervention code
- name of intervention in which individual is involved, including apprenticeship
- case file number/agreement/file number
- start date of intervention
- end date of intervention
- duration of intervention (days)
- language of intervention received (French or English)
- group services type
- group services completion date
- language of service (French or English)
- NOC code for training
- type of training institution (public/private)
- training type/name
- for Self Employment Benefit (SEB): type of assistance (coaching, business plan, ongoing technical assistance)
- intervention outcome (including reason for non-completion, where available)
- intervention result
- date of intervention result
- end date of action plan
- action plan outcome (e.g. completed or not completed) (if available)
- action plan result (if available)
- date of action plan result (if available)
- type of employment obtained (full-time/part-time)
- type of employment obtained (year round / seasonal)
- type of employer (e.g. private sector, public sector, non-profit organization)
- NOC code of employment obtained
- earnings (hourly/weekly/monthly)
The above information will be updated by British Columbia on a monthly basis, or upon request, for periodic evaluations, when available.
4.4 For the purposes of detecting overpayments of insurance benefits under Part I of the EI Act, due to error, misrepresentation or fraud, to any individual who is participating or has participated in British Columbia Benefits, British Columbia will provide to Canada upon written request on a per individual basis, any or all of the following personal information under British Columbia’s control about the individual:
- name
- social insurance number
- birth date
- address
- postal code
- telephone number
- reason for separation from employment, if known (pre-intervention)
- whether or not the client reported for an interview as directed
- interview details (counsellor seen/scheduled to be seen, date, time and location of interview)
- method used to direct client to report
- reasons for not reporting
- reason client is not capable of work/intervention/service
- reason client is not available for work/intervention/service
- authorization for absence from Canada during intervention, with dates, if applicable
- date(s) absent from Canada/area without authorization
- reason absent from Canada/area without authorization
- intervention type (e.g. training, job creation, self-employment)
- training ID (for training interventions)
- institution code (if available)
- start week(s)/date(s) of intervention
- end week(s)/date(s) of intervention
- intervention break start week/date
- intervention break end week/date
- agreement/file number
- apprentice indicator
- rate (EI Part II)
- total number of weeks paid (EI Part II)
- last week paid (EI Part II)
- payment indicator for each EI Part II payment referenced
- reason for withdrawal from British Columbia Benefits
- reason for termination from British Columbia Benefits
- reason earnings not reported to Canada during the weeks they were earned (if known)
- date of return to work
- employer name and address
- employer telephone number
- explanatory messages
4.5 British Columbia may also, on its own initiative, provide to Canada the information listed in section 4.4 about any individual who has received or is receiving:
- (a) assistance under British Columbia Benefits to which British Columbia suspects the individual is not entitled; or
- (b) insurance benefits under Part I of the EI Act to which British Columbia suspects the individual is not entitled.
4.6 Following any amendment to the EI Act, British Columbia will provide to Canada when requested by Canada the following personal information under British Columbia’s control in respect of each individual who is receiving or has recently received financial assistance while participating in British Columbia Benefits, in order for Canada to determine which of these individuals is receiving or has recently received Part I benefits under the EI Act, which in turn will assist British Columbia in communicating with the client and/or in determining whether any revisions to British Columbia’s financial assistance are required:
- name
- social insurance number
- address
- postal code
- start week(s)/date(s) of British Columbia Benefits intervention
- end week(s)/date(s) of British Columbia Benefits intervention
4.7 British Columbia will provide to Canada the following personal information under British Columbia’s control on the results of British Columbia’s efforts to contact the individuals identified by Canada under section 3.5 of this Annex, for the purpose of assisting Canada in assessing the impact of those efforts in facilitating each individual’s return to work, and verifying the individual’s ongoing eligibility for, or entitlement to, employment insurance benefits under Part I of the EI Act:
- social insurance number
- date of successful contact
- results of contact
- date of scheduled interview with a designated official or case manager (if applicable)
- reason why the client did not appear for the scheduled interview (if applicable)
- comments
5.0 Personal security screening
5.1 In accordance with applicable legislative, regulatory and policy requirements, the employer of an employee requiring access to personal information under the care and responsibility of the other party will ensure that the employee obtains a personal security screening at a level that is commensurate with the personal information being handled.
5.2 The parties will ensure that only those employees who have a valid and appropriate security level and the need to access the personal information exchanged under this Agreement for the performance of their duties will have access to and use of that personal information.
5.3 In the context of allowing British Columbia employees to access Canada’s systems and personal information held by Canada for the purposes identified under this LMDA, British Columbia will provide to Canada written verification, on a per individual basis, that the security screening described in section 5.1 has been completed and an attestation that, in British Columbia’s judgment, any risks that may be associated with each of its employees so screened are acceptable to British Columbia. The verification will include the following personal and non-personal information about each British Columbia employee who requires access to Canada’s systems and information, and who has completed the security screening:
- name, including middle name
- date of security screening check completion
- name of approving authority
- position of approving authority
- signature of approving authority, with date
5.4 In the context of allowing a British Columbia employee who has completed the security screening required in section 5.2 and obtained the appropriate security level to access Canada’s systems and personal information held by Canada for the purposes identified under this LMDA, British Columbia will provide to Canada the following personal and non-personal information under British Columbia’s control about each such British Columbia employee:
- name, including middle name
- date personal security screening level was confirmed and validity period
- unique personal identifier (not to exceed 8 characters)
- unique technological identifier
- provincial office/catchment code
- office location
- business e-mail address
- name of application to which employee requires access
- name, business telephone number, mailing address, and e-mail address of British Columbia’s Systems Access Coordinator
- date on which British Columbia’s systems access coordinator submits the request
5.5 British Columbia will inform Canada within 24 hours when a British Columbia employee ceases to need access to any one of Canada’s systems.
6.0 Information protection and security
6.1 The information received by each Party under this Agreement will be protected as provided for under the laws governing each Party and in accordance with this Agreement. Personal Information will be safeguarded to ensure that the integrity, privacy and security of the personal information are protected at a high level at all times.
6.2 In the event of a breach or incident involving personal information it has accessed or collected from Canada, British Columbia will inform ESDC’s Director, EI Part II, Benefits and Measures, within 24 hours of being informed of the breach or incident and follow the process described in Appendix A.
7.0 Mode of Information Exchange
7.1 Canada and British Columbia have entered into a separate service level agreement outlining systems and security requirements.
7.2 Unless otherwise specified in this Annex, personal Information and reports covered by this Annex will be provided by each party in a mutually agreed format, frequency and manner.
7.3 Canada and British Columbia agree to notify each other within a reasonable time of any change affecting communication protocols or methods, data bank access procedures or systems. The parties agree to participate in compatibility tests when changes are made to such protocols, methods or procedures.
7.4 British Columbia may request improvements to Canada’s applications used by British Columbia. If deemed appropriate, suggested improvements will be taken into account in Canada’s priority-setting process. Nothing in this clause limits the development activities that must be pursued by both parties in order to ensure personal information exchange between the two organizations.
7.5 Canada agrees to inform British Columbia, in a timely manner, in accordance with the procedures agreed upon by both parties, of any new federal application or any new version of a federal application that is relevant to this Annex.
7.6 Canada and British Columbia are committed to ensuring that the personal information they provide to each other under this Annex is reliable and is provided in a timely, secure, and confidential manner, and they agree to work together in achieving this goal.
8.0 Confidentiality, use and disclosure
8.1 Canada and British Columbia undertake to use their best efforts to fully maintain and protect the confidentiality of the personal information they receive under this Annex.
8.2 Subject to sections 8.3 and 8.4, Canada and British Columbia shall not, in respect of any personal information they obtain from each other under this Annex:
- (a) use that information for a purpose other than that for which it was respectively provided to them; and
- (b) disclose that information to any person or body for a purpose other than that for which it was respectively provided to them.
8.3 Canada and British Columbia may use personal information they obtain from each other under this Annex for a purpose other than that for which it was obtained:
- (a) with the consent of the individual to whom that information relates;
- (b) if authorized by legislation, with the written consent of the party that provided the information; or
- (c) if required by legislation.
8.4 Canada and British Columbia may disclose personal information they obtain from each other under this Annex to any person or body for any purpose:
- (a) with the consent of the individual to whom that information relates;
- (b) in a form that cannot reasonably be expected to identify the individual to whom that information relates; or
- (c) if required by legislation.
8.5 Unless otherwise required or authorized by law, or authorized in writing by the other party and subject to section 8.2, a party shall not disclose any personal information, obtained from the other party under this Annex, to a third party for a purpose authorized herein unless there is a written agreement between that party and the third party imposing upon the third party obligations that are the same as those imposed upon that party under this Annex with respect to the protection of this information.
8.5.1 For the purpose of section 8.5, a “third party” does not include Shared Services Canada, a department of the Government of Canada established under section 4 of the Shared Services Canada Act, S.C. 2012, c. 19, s.117, responsible for the provision of information technology (IT) infrastructure services to Canada, that may include e-mail, data centre (servers) and network services.
8.6 British Columbia acknowledges that it is an offence under the DESD Act for anyone to knowingly make available information that is privileged thereunder or to knowingly use or allow such information to be used otherwise than in accordance with this Act. British Columbia acknowledges that this provision applies to employees of British Columbia to whom the information is disclosed.
8.7 In the event of a request under Canada’s Access to Information Act or Privacy Act for personal information obtained from British Columbia under this Annex, Canada agrees to consult, when required, with British Columbia prior to any disclosure of such information. In the event of a request under British Columbia’s Freedom of Information and Protection of Privacy Act, for information obtained from Canada under this Annex, British Columbia agrees to consult, when required, with Canada prior to any disclosure of such information. No consultation obligation referred to in this section will be construed as limiting any legal duty in respect of any disclosure referred to in this section.
9.0 Costs
9.1 Costs incurred by a party in carrying out its obligations under this Annex will be the responsibility of that party.
10.0 Information Management
10.1 The personal information exchanged under this Annex shall be collected, used, maintained, stored, retained, disclosed, destroyed or disposed of and otherwise administered and protected in accordance with:
- (a) in the case of Canada, the Privacy Act, the DESD Act, the EI Act, the Library and Archives of Canada Act and regulations thereto, and any other applicable federal legislation, the Government of Canada’s Policy on Government Security as well as all applicable federal and departmental policies, protocols, operating directives, and guidelines, governing the administrative, technical and physical safeguarding and disposal of the personal information; and,
- (b) in the case of British Columbia, the Freedom of Information and Protection of Privacy Act and Document Disposal Act and regulations thereto, as well as all applicable provincial and departmental policies, protocols, operating directives, and guidelines, governing the administrative, technical and physical safeguarding and disposal of the personal information.
10.2 Each party will internally investigate all cases where they have reasonable grounds to believe that any of the conditions set out in this Annex has been or is likely to be breached. This includes any cases where it is alleged, suspected, or there is evidence, that there has been unauthorized collection, access, use, disclosure, modification, disposal or destruction of the personal information exchanged under this Annex, modification of a permitted use, misuse, or breach of confidentiality, or any incident which might jeopardize or has jeopardized the security or integrity of the parties’ respective computer systems or networks used to access and transmit the personal information, as outlined in Appendix A to this Annex.
10.3 The parties will comply with their respective policies related to conducting Privacy Impact Assessments (PIA) and Threat and Risk Assessments (TRA) covering the exchange of personal information under this Annex. When one party is conducting a PIA or TRA, the other party will provide information upon request related to their policies and procedures for managing the personal information provided by the first party, in order to facilitate the completion of the assessment. When the PIA or TRA is completed, the parties agree to provide a copy of the relevant portions of the related reports to each other.
10.3.1 Where issues are identified in a PIA or TRA, the parties agree to work together to address the issues.
10.3.2 When an issue cannot be resolved to the satisfaction of the other party, it shall be referred to the Designated Officials, under section 21.2 of the LMDA.
10.4 The parties may periodically audit their respective information management practices and procedures in the context of this Annex, to ensure:
- (a) compliance with the requirements of section 10.1; and
- (b) the security, confidentiality and integrity of the personal information exchanged under this Annex.
10.4.1 The methodology and format of such audits will be mutually agreed upon.
10.4.2 The parties agree to provide a copy of their respective audit reports and management/corrective action plans to each other.
10.4.3 Where deficiencies in a party’s information management practices affecting compliance with the requirements of section 8.1 or the security, confidentiality and integrity of information exchanged under this Annex are identified in an audit report, the party concerned shall take appropriate corrective action to remedy these deficiencies.
10.4.4 The parties agree to notify the other party of the actions taken to address any such deficiencies.
11.0 Accuracy of Information
11.1 Each party will use its best efforts to ensure the completeness and accuracy of the personal information provided to the other under this Annex. However, it is understood and agreed that they cannot guarantee its accuracy and completeness and will, therefore, not be held responsible by the other party for any damage resulting from the transmission or use of any information that is inaccurate or incomplete.
12.0 Personal information collection, storage and access
12.1 Except as may be permitted by British Columbia’s Freedom of Information and Protection of Privacy Act, personal information (as defined therein) in British Columbia’s custody or under British Columbia’s control may only be stored or accessed in Canada.
12.2 Canada and British Columbia will cooperate to ensure that the provisions of British Columbia’s Freedom of Information and Protection of Privacy Act are respected.
13.0 General
13.1 This Annex can be modified with the written consent of both Parties.
Appendix A – Privacy breach requirements
A.1 In the event of a security incident or privacy breach involving personal information, which for the purpose of this agreement includes unauthorized access to or collection, use, disclosure, deletion, disposal or destruction of information, the party responsible for the privacy breach shall:
- (a) take immediate and reasonable steps to contain or limit the privacy breach (unauthorized access, use, disclosure, modification, destruction, disposal, misuse, or breach of confidentiality, or computer or network security breach), including but not limited to: stopping the unauthorized practice; recovering the records or personal information, where possible; shutting down access to information systems; revoking or changing computer and other access codes or correcting weaknesses in physical and/or IT security;
- (b) promptly investigate the cause of the privacy breach;
- (c) notify the other party;
- (d) notify the appropriate authorities if criminal activity is suspected;
- (e) notify the affected individual(s) whose personal information was inappropriately disclosed;
- (f) cooperate with the other party and its Information or Privacy Commissioner and its contractors and auditors in any investigation into or audit of the events;
- (g) following the investigation, provide a detailed written report of the circumstances related to any unauthorized access, use, disclosure, modification, destruction, disposal, misuse or breach of confidentiality or computer or network security breach to the other party;
- (h) take reasonable steps requested by the other party to address the current situation or prevent a reoccurrence; and
- (i) notify the other party of any remedial actions taken.
A.2 Upon being notified of an instance of unauthorized access, use, disclosure, modification, misuse or breach of confidentiality, or computer or network security breach, the party so notified may:
- (a) review the steps proposed by the other party to address the current situation or prevent a recurrence of the non-compliance;
- (b) request that the other party take specific steps to address the current situation or prevent a recurrence; and,
- (c) suspend the exchange of personal information under this Annex until satisfied that the other party has complied with the Annex and with any reasonable requests made under this subparagraph.
Notification contact for ESDC
Director, EI Part II, Benefits and Measures
Skills Employment Branch
Employment Programs and Partnerships Directorate
Employment and Social Development Canada
Place du Portage, Phase IV
140 Promenade du Portage, Phase IV, Mailstop 424
Gatineau, Quebec
K1A 0J9
LMDA-SUPPORT-EDMT@hrsdc-rhdcc.gc.ca
And,
Director, Access to Information and Privacy
Employment and Social Development Canada
Place du Portage, Phase IV
140 Promenade du Portage
Gatineau, Quebec
K1A 0J9
NC-ATIP-AIPRP-GIDL-GD@hrsdc-hrdcc.gc.ca
Notification contact for British Columbia
Director, Program Contract, Policy and Client Inclusion
Employment and Labour Market Services Division
Ministry of Social Development and Social Innovation
19th Floor - 1050 W Pender Street
Vancouver, BC
V6E 3S7
ELMS.Procurement@gov.bc.ca
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