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Agreement to Amend the Canada-Manitoba Labour Market Development Agreement

Information for reference

This text copy of the bilateral transfer agreement between the Government of Canada and Manitoba is provided for reference and research purposes only. The final signed version of the agreement is the official version between the parties.

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 Manitoba (hereinafter referred to as "Manitoba") as represented by the Minister of Education and Training.

Whereas Canada and Manitoba entered into the Canada-Manitoba Labour Market Development Agreement ("Canada-Manitoba LMDA" or "Agreement") on April 17, 1997, and subsequently amended it on April 11, 2001, May 8, 2009 and December 21, 2016;

Whereas Canada and Manitoba agree on the importance of creating a highly skilled, adaptable, and inclusive labour force to support well functioning Canadian labour markets;

Whereas Manitoba has established an integrated, client-centred employment and training system that supports a continuum of programs and services to meet the needs of individuals at any stage of employment readiness, employers, and communities in a way that effectively responds to changing labour market realities;

Whereas Canada and Manitoba are committed to working together to address the labour market needs and requirements of Manitoba and to ensuring Canadians have access to employment programming that addresses all critical points along the path to full participation in the labour market;

Whereas following consultations with stakeholders and collaborative discussions between Canada and the Provinces and Territories in 2016, Canada and Manitoba have agreed to shared objectives, principles, and areas of focus for investments to improve the responsiveness and flexibility of labour market transfer agreements;

Whereas in Budget 2017, the Government of Canada announced that it would invest an additional $1.8 billion for fiscal years 2017-2018 to 2022-2023 to the funding provided annually to the provinces and territories under the Labour Market Development Agreements to help Canadians looking for work by providing them with more opportunities to upgrade their skills, gain experience, start their own business, and by providing provide more support to help them and plan their careers;

Whereas Canada also announced in Budget 2017 a commitment to make these labour market transfer agreements simpler and more flexible and to improve their administrative efficiency by aligning the Labour Market Development Agreements entered into with the provinces and territories under the Employment Insurance Act with the new Workforce Development Agreements;

Whereas the shared objectives, principles, and areas of focus under the Workforce Development Agreement and the Canada-Manitoba LMDA will support an integrated, client-centered, outcomes-driven employment and training model in Manitoba;

Whereas Canada and Manitoba agree on the importance of putting in place strong performance measurement systems to track outcomes and demonstrate results to inform program and policy development;

Whereas Canada and Manitoba recognize the importance of improving data sharing to facilitate each party’s ability to measure performance and evaluate the impacts of programs in a timely and cost efficient manner;

Whereas Canada and Manitoba agree on the importance of continuous improvement based on strengthened labour market information, the sharing of best practices, and fostering of innovation;

Whereas Canada and Manitoba recognize the importance of engaging with and working collaboratively and respectfully with Indigenous peoples;

Whereas Canada and Manitoba recognize that evaluations of the Canada-Manitoba LMDA have shown that participation in interventions earlier in an Employment Insurance claim is associated with positive gains on earnings and employment for Employment Insurance claimants following their participation;

Whereas Canada and Manitoba recognize the importance of ensuring that all Canadians including those who are traditionally underrepresented in the labour market can succeed in finding sustainable employment;

Whereas on June 22, 2017, the Budget Implementation Act, 2017, No. 1 amended the Employment Insurance Act (EI Act) to broaden eligibility for the assistance that may be provided under Employment Benefits and Support Measures established under Part II of that Act effective April 1, 2018;

Whereas Manitoba also wishes to broaden eligibility for the assistance that it may provide under its similar benefits and measures effective April 1, 2018;

THEREFORE, Canada and Manitoba agree to amend the Canada-Manitoba LMDA, as amended from time to time, as follows:

  1. Section 1.0 is amended by:
    1. in section 1.2,
      1. replacing the definition of "insured participant" by the following:

        ""insured participant" means an unemployed person who, when requesting assistance under a provincial benefit or provincial measure:

        1. is an active Employment Insurance claimant; or,
        2. had a benefit period that ended within the previous 60 months; or
        3. has a benefit period established under a "provincial plan" as that term is defined in section 76.01 of the Employment Insurance Regulations, or has had that benefit period end within the previous 60 months, and who would have been entitled to receive special benefits under sections 22 or 23 of the Employment Insurance Act had they not been entitled to receive provincial benefits, as this term is defined in section 76.01 of the Employment Insurance Regulations, under the "provincial plan"; or
        4. paid employee’s premiums as defined in section 2 of the Employment Insurance Act in at least five of the previous 10 calendar years and in respect of these premiums, was not entitled to a refund under subsection 96(4) of the Employment Insurance Act .";
      2. in the definition of "Provincial measure", in clause a), delete the words "to unemployed persons";
      3. after the definition of "HRDC", adding the following definition:

        ""Indigenous peoples" means "aboriginal peoples of Canada’, as defined in subsection 35(2) of the Constitution Act (1982)."

  2. The Canada-Manitoba LMDA is amended by adding the following heading and sections after section 2.0:

    "2A Objectives, principles and areas of focus

    3. 2A.1 Canada and Manitoba agree to the objectives of this Agreement as set out below:

    1. Foster inclusive labour market participation: Help all individuals access labour market opportunities; and support successful integration of those facing obstacles to finding and maintaining employment;
    2. Align skills with labour market needs: Help workers and employers access the skills they need to adapt to the changing requirements of jobs and the labour market; and encourage employer involvement in training and continuous learning opportunities for workers; and
    3. Create efficient labour markets: Support strong and responsive labour market infrastructure to allow for timely and effective labour market programming which contributes to improved productivity and economic growth.

    2A.2 Canada and Manitoba agree to the principles of this Agreement as set out below:

    1. Client-centred: Flexibility to meet the needs of unemployed, underemployed and employed individuals, including the precariously employed, and employers using the best available labour market information; and minimize barriers in accessing programs and supports;
    2. Inclusion: Support individuals from underrepresented groups and those further from labour market;
    3. Outcomes-focused: Track measurable milestones and targets; and develop ways to measure different forms of progress toward the labour market (e.g. improved employability);
    4. Flexibility and Responsiveness: Flexibility to address unique local labour market priorities and respond to emerging issues;
    5. Innovation: Identify and explore collaborative models for innovation, including continuous sharing of best practices and lessons learned; and
    6. Engagement: Collaboration between federal and provincial or territorial governments; engagement with organizations representing Indigenous peoples; consultation and engagement with stakeholders; and coordination to enhance program complementarity.

    2A.3 Canada and Manitoba agree that to support flexibility in programming, the eligible provincial benefits and provincial measures of Manitoba funded under this Agreement will fall within any of the following areas of focus:

    1. Employment Preparation: Increase the ability of Manitobans to prepare for and transition to employment;
    2. Training: Improve levels of literacy, language, essential, work-related, and technical skills for all Manitobans; and support reskilling and upskilling for the employed and underemployed, including those with precarious employment;
    3. Supports: Provide continuum of needs-based services to maximize the potential impact of training; and continue to support persons with disabilities and those further from the labour market to enter and stay in the labour market;
    4. Employment Partnerships: Work in partnership with employers and other stakeholders to promote awareness and expand the availability, accessibility and quality of employment and training opportunities; and
    5. Building Knowledge: Inform priorities with labour market information to better meet skills needs and market demand; enhance the knowledge base to support continuous improvement of labour market policies and programs; and support new and innovative approaches to meet the diverse needs of clients, including individuals from underrepresented groups."
  3. Section 3.0 is amended by:
    1. replacing section 3.3 with the following:

      "3.3 For each fiscal year during which Manitoba provides its provincial benefits and provincial measures, Manitoba will provide Canada’s designated official on or about February 15, an annual plan which describes:

      1. an environmental scan that provides a profile of the current labour market issues, challenges, and opportunities in Manitoba;
      2. a description of planned provincial benefits and provincial measures that Manitoba intends to fund under the Agreement;
      3. the projected expenditures under each of the provincial benefits and provincial measures for the coming fiscal year;
      4. a description of the consultation process referred to in subsection 3.3.1 including a list of stakeholders consulted and the main themes coming from the consultation.";
    2. adding after section 3.3, the following section:

      "3.3.1 In developing each annual plan referred to in subsection 3.3, Manitoba agrees to consult with stakeholders, including organizations representing both employers and employees and official language minority communities in Manitoba, and other priority stakeholders."

  4. Section 4.0 is amended by:
    1. in section 4.1 deleting "on behalf of the Commission the";
    2. replacing section 4.2 with the following:

      3. "4.2 The roles and responsibilities of Canada and Manitoba in respect to the delegated functions of the National Employment Service referred to in section 4.1 are described in Annex 2.";

    3. replacing section 4.3 with the following section:

      4. "4.3 Canada and Manitoba agree to the preparation of a joint labour market information strategy in accordance with section 3.0 of Annex 2."

  5. Section 7.0 is amended by:
    1. deleting sections 7.1 and 7.2 and replacing them with the following:

      2. "7.1 Canada and Manitoba agree that results measurement and reporting respecting the maximum contribution payable to Manitoba under section 13.0 will be consistent with the process described in Annex 4.

      7.1.1 In order to measure the performance of the provincial benefits and provincial measures in accordance with section 7.1, Manitoba agrees to collect and compile the information in accordance with Annex 4 to this Agreement entitled "Performance Measurement Strategy".

      7.2 Canada and Manitoba agree to jointly establish in advance of each fiscal year during the period of the Agreement mutually agreed results targets for the coming fiscal year using the following primary indicators:

      1. active Employment Insurance claimants as a percentage of insured participants who access provincial benefits and provincial measures;
      2. returns to employment of insured participants, with an emphasis on active Employment Insurance claimants; and
      3. savings to the Employment Insurance Account.";
    2. deleting section 7.3 and replacing it with:

      "7.3 Canada and Manitoba agree that the results targets for each fiscal year will be set out in the Annual Annex for that fiscal year.";

    3. adding the following section after section 7.6:

      "7.7 By no later than October 1 following the end of each fiscal year during the period of this Agreement, Manitoba agrees to share with Canada an Annual Report describing the results of the Manitoba benefits and measures achieved in the fiscal year based on the requirements set out in Annex 4 to this Agreement entitled "Performance Measurement Strategy"."

  6. Section 13.0 is amended by:
    1. adding the following section after section 13.9:

      “13.10 Notwithstanding section 13C and section 13.7, Manitoba may use up to 10% of the additional amount of Canada’s contribution provided under 13C towards administration costs for each of fiscal years 2018-2019 and 2019-2020, if the total contribution to Manitoba towards administration costs under section 13.7 for the previous fiscal year was less than 30% of the maximum contribution amount towards the costs of Manitoba under section 13 for the previous fiscal year.”;

    2. adding the following new section after section 13B:

      3. “13C Notwithstanding anything in section 13.0, in each of fiscal years 2017-2018 to 2022-2023, Canada agrees to increase the maximum contribution payable to Manitoba under section 13.0, based on an allocation methodology that takes into account Manitoba’s share in the national totals of the following two variables, which will be updated on an annual basis:

      1. Number of Employment Insurance Part I claims with regular benefits paid (50% weight)
      2. Number of unemployed workers (50% weight)

      The maximum contribution payable under section 13.0 towards the costs of the provincial benefits and provincial measures is increased by an amount not exceeding the amount determined by the following formula:

      [(A × 0.5) + (B × 0.5)] * C

      where:

      A is the number of Employment Insurance Part I claims with regular benefits paid in Manitoba, divided by the number of Employment Insurance Part I claims with regular benefits paid in Canada, determined on the basis of data obtained and prepared by Canada for the purpose of the Monitoring and Assessment Report according to section 10.0 to be released at the beginning of the fiscal year for which the amount of the increase is calculated; and,

      B is the average number of unemployed workers in Manitoba, divided by the average number of unemployed workers in Canada calculated on the basis of the Labour Force Survey published by Statistics Canada for each month during the fiscal year of the Monitoring and Assessment Report used to determine the value of "A".

      C is the annual national amount of additional funding approved each year by Canada’s Treasury Board for expenditures under Part II of the Employment Insurance Act to be allocated between the provinces and territories for each of fiscal years 2017-2018 to 2022-2023.”

  7. Section 14.0 is amended by adding the following section after section 14.4:

    “14.5 For fiscal year 2017-2018, Canada will make payment of its additional contribution to Manitoba under section 13C for that fiscal year in one lump sum payment.”

  8. Section 14 is deleted entirely and replaced by the following heading and sections:

    “14.0 Payment Procedures

    14.1 Beginning April 1, 2018, Canada will make payments of its annual contribution towards the costs of the provincial benefits and provincial measures and administration costs in two installments each fiscal year. The first installment will be paid on or about April 1 of each fiscal year and the second installment will be paid on or about October 1 of each fiscal year.

    14.1.1 The first installment will be an amount equal to fifty percent (50%) of the total amount of Canada’s maximum contribution for the fiscal year based on the amount of Canada’s maximum contribution to Manitoba for the fiscal year towards the costs of the provincial benefits and provincial measures and towards administration costs.

    14.1.2 The amount of the second installment will be an amount equal to the balance of Canada’s total contribution to Manitoba for the fiscal year towards the costs of the provincial benefits and provincial measures and towards administration costs.

    14.2 Canada shall withhold payment of its first installment for the fiscal year if Manitoba has failed to provide its annual plan for the fiscal year provided in accordance with section 3.3 until such time as the annual plan is provided.

    14.3 Canada shall withhold payment of its second installment for the fiscal year if Manitoba has failed to provide its financial report in relation to the previous fiscal year in accordance with section 17.0 and the Annual Report in accordance with section 7.7 until such time as the financial report is provided.”

  9. Section 17.0 is deleted entirely and replaced by the following heading and sections:

    “17.0 Financial accountability

    17.1 For fiscal year 2017-2018, and for each fiscal year thereafter during the term of this Agreement, Manitoba will submit to Canada, no later than June 30 for the previous fiscal year, a financial report containing:

    1. an audited financial statement prepared in accordance with Generally Accepted Accounting Principles and in a form prescribed by Canada setting out the amount of the costs of provincial benefits and provincial measures that Manitoba has actually incurred in that fiscal year in respect of each of the provincial benefits and provincial measures;
    2. a statement certifying that all payments received from Canada in the fiscal year on account of Canada's contribution to its administration costs were paid in respect of administration costs actually incurred in that fiscal year; and
    3. The audited financial statement shall be certified by Manitoba’s Auditor General, or his or her designate, or by an independent public accounting firm registered under the laws of Manitoba and shall be conducted in accordance with Generally Accepted Canadian Auditing Standards.

    17.2 Manitoba’s use of Canada’s additional contribution provided under section 13.10 towards administration costs for fiscal years 2018-2019 and 2019-2020 shall be included in the audited financial statement prepared in accordance with section 17.0”

  10. Section 21.0 is amended by:
    1. deleting section 21.1 and replacing it with the following new section:

      “21.1 For the purposes of this Agreement, the Senior Assistant Deputy Minister of Skills and Employment Branch of Employment and Social Development Canada is the Designated official of Canada, and the Assistant Deputy Minister of Post-Secondary Education and Workforce Development is the Designated official for Manitoba.”;

    2. adding after section 21.2, the following section:

      “21.3 Either party may, from time to time, upon written notice to the other, designate a new Designated official in replacement of an existing Designated official.”

  11. The following new heading and sections are added after section 21:

    “21.A.0 Workforce Development Committee

    21.A.1 Canada and Manitoba agree to establish a bilateral Canada-Manitoba joint committee to be known as the Workforce Development Committee.

    21.A.2 The Workforce Development Committee will be co-chaired by the Designated officials of Canada and Manitoba and will meet at least twice annually, timed to coincide with the planning and reporting cycles, or as agreed to by the co-chairs.

    21.A.3 The Assistant Deputy Minister, Western and Territories Region, of Service Canada will be one of the representatives on the Workforce Development Committee.

    21.A.4 The role of the Workforce Development Committee , with respect to this Agreement, includes but is not limited to:

    1. administration and management of the Agreement, including providing a forum for the exchange of information on annual planning priorities and reporting and discussions related to the implementation of this Agreement;
    2. exchanging information on regional or local labour market challenges and priorities, broader developments in the labour market, bilateral issues that may fall outside of the parameters of this Agreement, and the results of engagement with other relevant stakeholders, including official language minority communities;
    3. providing a forum to exchange information on best practices and share information on innovative labour market programs and policies; and
    4. providing a forum for discussing regional issues and ways to better coordinate the delivery of federal and Manitoba programs, including programs for Indigenous peoples, youth, and persons with disabilities.”
  12. Annex 1 entitled "Framework for Provincial Benefits and Provincial Measures" is amended by:
    1. in section 3.8, in line 5, deleting the sentence “Services provided under this provincial measure will be accessible to all unemployed persons.”;
    2. in section 3.9, in line 4, following the words “loss of employment”, adding the words “or needing that assistance to maintain their employment”;
    3. adding after section 3.10, the following section:

      “3.11 Service needs determination and employment counselling

      Service needs determination services and employment counselling services will be provided through Employment Assistance Services described in section 3.8 of this Annex.

      Service needs determination includes the identification of an individual's need for employment services and temporary income support and referral to services as appropriate.

      Employment counselling includes interviews and consultations, which result in the identification of barriers to continuing employment, and the development of plans of action.”

  13. Annex 2 entitled "National employment service functions" is amended by:
    1. the title of the Annex is replaced by:

      “Annex 2 – National Employment Service functions and Labour Market Information”;

    2. replacing sections 1.0, 2.0 and 3.0 with the following sections 1.0 and 2.0:

      “1.0 Purpose

      1.1 The purpose of this Annex is to set out:

      1. the National Employment Service functions delegated to Manitoba by the Canada Employment Insurance Commission;
      2. Canada’s and Manitoba’s respective roles in respect of the delegated functions of the National Employment Service; and
      3. how Canada and Manitoba will cooperate and collaborate in the gathering, analyzing, production, dissemination and use of labour market information.

      2.0 National employment service – Functions delegated to Manitoba

      2.1 Pursuant to section 60 of the Employment Insurance Act, the Canada Employment Insurance Commission is responsible for maintaining a National Employment Service (NES). As part of the NES, the Commission operates a national labour exchange service and information technology platform known as Job Bank where employers can prepare and advertise employment opportunities and where job seekers can search for employment.

      2.2 Pursuant to Section 4.0 of this Agreement Manitoba agrees to perform the following functions:

      1. review job postings of job vacancies prepared by employers for publication in Job Bank in accordance with Canada’s requirements and instructions; and
      2. authorize the publication of job postings that meet Canada’s requirements into Job Bank

      2.3 In performing these functions, Manitoba shall:

      1. comply with Canada’s requirements and instructions, including but not limited to requirements on identity management, security and privacy;
      2. ensure that there is no discrimination within the meaning of the Canadian Human Rights Act in regards to a job posting;
      3. ensure that sufficient resources are dedicated to the performance of the functions set out in section 2.2 in order to meet Canada’s service standards for processing and response times in relation to job postings in Job Bank;
      4. communicate with employers and employer representatives to resolve any issues in respect of their request to publish a job posting in Job Bank view; and
      5. respond to enquiries and provide service support to employers and employer representatives in accordance with accessibility requirements that Canada may require.

      2.4 Canada shall:

      1. provide to Manitoba a copy of its requirements, standards and accessibility requirements related to the functions of the National Employment Service performed by Manitoba under this Agreement;
      2. provide to Manitoba a copy of updates and modifications to Canada’s requirements, standards and accessibility requirements;
      3. provide Manitoba with training to support the performance of its functions and responsibilities set out in section 2.2 and 2.3; and
      4. maintain and provide Manitoba with electronic access to Job Bank, as well as future information technology applications required for Manitoba to fulfill the functions and responsibilities set out in section 2.2 and 2.3.

      2.5 Canada and Manitoba agree to participate in an annual discussion on plans and priorities for future changes and enhancements to Job Bank and its labour exchange services.”;

    3. renumbering sections 4.0, 4.1, 4.2 and 4.3 to 3.0, 3.1, 3.2 and 3.3 respectively.
  14. Annex 4 entitled "Accountability, results measurement and results targets for 1997–1998" is amended by:
    1. replacing the title of the Annex by:

      2. “Annex 4 – Performance Measurement Strategy”;

    2. replacing sections 1.0 and 2.0 by the following sections 1.0 and 2.0:

      “1.0 Purpose

      The purpose of this Annex is to set out the mutual understanding and agreement of the parties on the performance measurement strategy.

      2.0 Performance Measurement Strategy

      Canada and Manitoba recognize the importance of performance measurement for tracking the progress of clients of labour market programs and services; and for reporting to the public on results achieved under this Agreement.

      Pursuant to section 7.1 of this Agreement, Canada and Manitoba agree to the following Performance Measurement Strategy.

      The Performance Measurement Strategy was developed multilaterally by Canada and the provinces and territories through the Forum of Labour Market Ministers (FLMM) Labour Market Transfer Agreements and Performance Measurement Working Group, (hereinafter referred to as the “Working Group”). The strategy is informed by a logic model, performance indicators, outputs, outcomes, data elements, definitions and implementation plan.

      2.1 Governance

      To maintain the currency of the Performance Measurement Strategy Canada and Manitoba agree to continue to work together on performance measurement for this Agreement through the Working Group in order to:

      1. review and assess the implementation and effectiveness of the Performance Measurement Strategy; and
      2. identify and propose changes to the Performance Measurement Strategy for approval by designated officials.

      To plan and carry out evaluation activities for the programs and services funded under this Agreement, Canada and Manitoba agree to work together through the Joint Evaluation Committee as described in section 8.0 of this Agreement.

      2.2 Performance Measurement

      Manitoba agrees to collect and compile the performance indicator information set out in this Annex. Performance indicator information includes:

      1. individual level participant information;
      2. aggregated individual data;
      3. aggregated employer data; and
      4. information related to Research and Innovation investments.

      2.3 Performance Indicators

      Manitoba agrees to collect and compile the data necessary to support the performance indicators developed by the Working Group. This data will be combined with federally available data to measure the following outcomes:

      1. participation of individuals and employers in programs and services;
      2. progression of individuals along the continuum to labour market participation;
      3. improved workforce capacity of employers/industries;
      4. employers/Industries better able to manage labour market challenges;
      5. employment, increased earnings and positive net impacts for individuals; and
      6. sustainable employment of individuals.

      2.4 Personal Information

      The nature of the exchange of personal information is detailed in Annex 5, entitled “Information Sharing Arrangement”.

      2.5 Reporting

      Reporting to Canada

      1. Annual Report to Canada: In accordance with section 7.7 of this Agreement, the Annual Report will include, but is not limited to:
        1. information on stakeholder engagement, including the outcomes of that engagement;
        2. description of activities undertaken in the fiscal year, including outcomes;
        3. aggregate information about individuals;
        4. aggregate information about employers and their participation; and
        5. descriptive information about investments in innovative approaches.
      2. Quarterly reporting to Canada: On a quarterly basis, Manitoba will report to Canada on all performance indicators through data uploads as described in Annex 5 to this Agreement, this includes individual participants’ social insurance numbers.

      Annual public reporting

      Annually Canada will work collaboratively with Manitoba to produce a national report on the labour market development agreements. Canada will share a preliminary annual national report with Manitoba for review and input prior to the publication of the final report.

      Reporting to Parliament

      Canada will report annually to Parliament on the results of the labour market development agreements through the Employment Insurance Monitoring and Assessment Report.

      2.6 Implementation

      Where circumstances prevent full implementation by April 1, 2019, Manitoba will substantially implement the performance measurement strategy by April 1, 2019.

      Manitoba will develop and share with Canada a work plan to achieve full implementation of the performance measurement strategy by April 1, 2020.

      Transitional collection and reporting arrangements will be detailed in the work plan.

      2.7 Data Sharing

      Canada and Manitoba recognize the importance of two-way data sharing to support effective analysis of performance for and evaluation of labour market programs and services. Canada will share:

      1. Manitoba level data derived from the Employment Insurance information with Manitoba;
      2. Manitoba level data from Employment Insurance as per the Targeting, Referral and Feedback system with Manitoba; and
      3. Manitoba level data from other sources with Manitoba as they become available.”;
    3. Repealing sections 3.0 and 4.0.
  15. Annex 5 entitled “Information and data sharing arrangements” is replaced by a new Annex 5 entitled: “Canada-Manitoba Exchange of Information and Data Sharing Arrangements”, which is included under Schedule 1 to this amending Agreement.
  16. The parties agree that no part of this amending agreement will have an impact on how Canada allocates the current Employment Insurance funding ($1.95 billion per year) when determining the maximum annual amount of contributions paid to Manitoba, in accordance with section 13.0 of the Canada-Manitoba LMDA. The parties acknowledge that the current method set out in section 13.0 of the Canada-Manitoba LMDA for allocating the current $1.95 billion to the provinces and territories is the allocation method described in the letter dated June 26, 1996, from the Deputy Minister of the Department of Human Resources Development to the Deputy Minister of Training and Advanced Education, attached as Annex 7 of the Canada-Manitoba LMDA.
  17. For the purpose of facilitating early intervention with insured participants, Manitoba agrees to implement and use Canada’s Targeting, Referral and Feedback system no later than March 31, 2020. The information sharing arrangements required to implement this system is detailed in Annex 5 of the Canada-Manitoba LMDA entitled “Information and data sharing arrangements.”
  18. The payment of Canada’s additional contribution for Fiscal Year 2017-2018 referred to in section 7 of this amending Agreement will be paid to Manitoba as soon as possible after the parties have signed this amending agreement.
  19. In all other respects, the Canada-Manitoba LMDA shall remain unchanged.
  20. This amending agreement shall be read together with the Canada-Manitoba LMDA as amended from time to time and takes effect as if its provisions were part of the Canada-Manitoba LMDA.
  21. Sections 1, 8, and 12 of this amending agreement will come into force on April 1, 2018.
  22. Manitoba agrees and recognizes that for Fiscal Year 2017-2018, Canada’s contribution will only be paid to Manitoba for costs of Manitoba’s provincial benefits and provincial measures as defined in the Canada-Manitoba LMDA on April 1, 2017. Manitoba further agrees and recognizes that the costs of Manitoba provincial benefits and provincial measures for an insured participant will only be eligible for a contribution under the Canada-Manitoba LMDA starting in fiscal year 2018-2019 and subsequent fiscal years once sections 1, 8 and 12 of this amending Agreement are in effect on April 1, 2018.
  23. All other sections of this amending agreement come into force once it has been signed by both parties.

SIGNED on behalf of Canada in Gatineau this 28th day of March 2018

________________________
The Honourable Jean-Yves Duclos,
Minister of Employment and Social Development styled as the Minister of Families, Children and Social Development

________________________
Louise Levonian,
Chairperson, Canada Employment Insurance Commission

SIGNED on behalf of Manitoba in Manitoba this 26th day of March 2018

________________________
The Honourable Ian Wishart,
Minister of Education and Training

Schedule 1

Annex 5

Canada-Manitoba Exchange of Information and Data sharing Arrangements

1.0 Purpose

1.1 The purpose of this Annex to the Agreement is to provide for the exchange of information, including personal information, as defined in section 3 of Canada’s Privacy Act and section 1 ofThe Freedom of Information and Protection of Privacy Act (Manitoba) (FIPPA), personal health information as defined in subsection 1(1) of The Personal Health Information Act (Manitoba) (PHIA), and “information” as defined in subsection 30(1) of the Department of Employment and Social Development Act (DESD Act) (Canada), between the parties.

1.2 “Information” in this Annex includes “personal information”, including social insurance numbers, and “personal health information”.

2.0 Authorities

Canada’s Authorities:

2.1 With respect to the information to be provided by Canada to Manitoba under section 3.0 of this Annex, Canada confirms that it is authorized under subsection 34(1) of the DESD Act to disclose such personal information to Manitoba for the purposes set out in section 3.0 of this Annex. In this regard:

  1. the personal information set out in section 3.0 of this Annex consists of information obtained by the Canada Employment Insurance Commission or the Department of Employment and Social Developmentfrom persons under the Employment Insurance Act (EI Act), and of information prepared from such information;
  2. 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
  3. the personal information described in section 3.0 of this Annex will be disclosed to Manitoba only for the purposes described herein.

2.2 With respect to the information to be collected by Canada from Manitoba under section 4.0 of this Annex, Canada confirms that it is authorized under the EI Act to collect such personal information from Manitoba for the purposes set out in section 4.0.

Manitoba’s Authorities:

2.3 With respect to the personal information and personal health information to be provided by Manitoba to Canada under section 4.0 of this Annex, Manitoba confirms that it is authorized under clauses 44(1)(a), (b), (d), (i), (j) ), (j.1) and (p) of FIPPA and clauses 22(1)(b) and (2)(n)) of PHIA to disclose such information for the purposes set out in section 4.0. In this regard:

  1. the personal information and personal health information described in section 4.0 of this Annex consists of information collected by Manitoba from persons who are receiving provincial benefits and measures under section 63 of the EI Act;
  2. clauses 44(1)(a), (b), (d), (i), (j) ), (j.1) and (p) of FIPPA authorize the disclosure of the personal information described in section 4.0 of this Annex: for the purpose for which the information was collected or compiled under subsection 36(1) of FIPPA or for a use consistent with that purpose under section 45 (44(1)(a) FIPPA), or if the individual the information is about has consented to its disclosure (44(1)(b) FIPPA), or for the purpose of complying with an enactment of Canada, or with an agreement entered into under an enactment of Canada (44(1)(d)), to the Government of Canada in order to facilitate the monitoring, evaluation or auditing of shared cost programs or services (44(1)(i) FIPPA), or for the purpose of determining or verifying an individual’s suitability or eligibility for a program, service or benefit (44(1)(j) FIPPA), or for the purpose of evaluating or monitoring a service, program or activity of the Government of Manitoba or the public body or research and planning that relates to a service, program or activity of the Government of Manitoba or the public body (44(1)(j.1) FIPPA), or for the purpose of determining the amount of or collecting a fine, debt, tax or payment owing by an individual to the Government of Manitoba or to the public body, or to an assignee of either of them, or making a payment (44(1)(p) FIPPA); and clause 22(1)(b) and (2)(n) of PHIA authorizes the disclosure of the personal health information described in section 4.0 of this Annex if the individual the information is about has consented to the disclosure (22(1)(b)) or for the purpose of complying with an agreement entered into under an enactment of Canada (22(1)(n)); and
  3. the personal information and personal health information described in section 4.0 of this Annex will be disclosed to Canada only for the purposes described in this Annex.

2.4 With respect to the personal information and personal health information to be collected by Manitoba from Canada under section 3.0 of this Annex, Manitoba confirms that it is authorized under subsections 36(1)(b), and 37(1)(a), (c), (d), (e), (m), (n) and (p) of FIPPA to collect such personal information and under subsection 13(1) and 14(2)(c), (d.1) of PHIA to collect such personal health information from Canada for the purposes set out in section 3.0 of this Annex. In this regard:

  1. the personal information and personal health information described in section 3.0 of this Annex consists of information collected by Manitoba;
  2. subsections 36(1)(b), and 37(1)(a), (c), (d), (e), (m), (n) and (p) of the FIPPA authorize the collection of the personal information described in section 3.0 of this Annex as the information relates directly to and is necessary for an existing program or activity of Manitoba (36(1)(b)), in an indirect manner if authorized by the individual (37(1)(a)), or where collection of the information is in the interest of the individual and time or circumstances do not permit collection directly from the individual (37(1)(c)), or where collection directly from the individual could reasonably be expected to result in inaccurate information being collected (37(1)(d)), or where the information may be disclosed to Manitoba under FIPPA (37(1)(e)), or to determine eligibility of an individual for a program or service or to verify an individual’s eligibility (37(1)(m)), or to determine the amount of or collect a debt or payment owing to Manitobaor make a payment (37)(1)(n)), or to audit, monitor or evaluate the activities of Manitoba (37(1)(p); and subsections 13(1) and 14(2)(c) and (d) of PHIA authorize the collection of the personal health information described in section 3.0 of this Annex as the information is collected for a lawful purpose connected with an activity of Manitoba and is necessary for that purpose (13(1)), in an indirect manner where the collection is in the interest of the individual and time or circumstances do not permit collection directly from the individual (14(2)(c)), or the collection is for the purpose of determining or verifying the individual’s eligibility to participate in a program of or receive a benefit or service from the trustee or from the government, and is collected in the course of processing an application made by or on behalf of the individual (14(2)(d.1)); and
  3. the personal information and personal health information described in section 3.0 of this Annex will be collected from Canada only for the purposes described in this Annex. 

3.0 Information to be provided by Canada to Manitoba

3.1 Canada will provide to Manitoba, when requested by Manitoba, on a per individual basis, the following personal information under its control from an individual’s file for the purposes of:

  1. assisting Manitoba 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 Manitoba’s programs:
    • name
    • social insurance number
    • address
    • postal code
    • telephone number
    • date of birth
    • federal office code – if available
    • gender
    • language (French or English)
    • EI Part II eligibility status, with explanatory messages
    • Provincial/Territorial Parental Benefits (P/TPB), if applicable, with explanatory messages
    • identification if on an intervention, with explanatory messages; and
  2. in respect of an individual, who has been determined to be an active EI claimant who is eligible for, or entitled to, assistance under Manitoba’s programs, assisting Manitoba in determining the nature and level of financial assistance to be provided to the EI client under Manitoba’s programs:
    • 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
    • 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
      • amount of last week of allocation of earnings

Canada, may on its own initiative, provide to Manitoba an update on the above information, for use by Manitoba in reviewing, as needed, the purpose and amount of the financial assistance provided to the EI recipient by Manitoba.

3.2 When Canada is unable to successfully process the information submitted by Manitoba pursuant to section 4.2 of this Annex, regarding the referral by Manitoba of an active EI claimant to a Manitoba benefit, for purposes of sections 25 and 27 of the EI Act, Canada will provide to Manitoba the following personal information under its control on the EI clients so referred, for use by Manitoba in reviewing and/or modifying the information previously submitted to Canada:

3.3 Canada will provide to Manitoba on a quarterly basis the following personal information under its control on all insured and non-insured participants who have received assistance from Manitoba under Manitoba programs, for use by Manitoba for: the review, analysis and verification of the data calculated/held by Canada; planning, delivery, and administration of Manitoba programs; and for monitoring, assessing, evaluating and reporting about the effectiveness of the assistance provided. This information will be provided in a mutually agreed upon format.

3.3.1 Based on the quarterly data files on EI clients and non-insured participants who are participating in Manitoba programs funded with EI Part II monies, as provided by Manitoba under section 4.3, the following personal information will be provided to Manitoba by Canada in a return file:

3.4 Canada will provide to Manitoba, based on the quarterly data files on insured and non-insured participants who are participating in Manitoba programs funded with EI Part II monies, as provided by Manitoba in section 4.3, the following personal information under its control for: the review and verification of Canada’s reporting of results; planning, delivery and administration of Manitoba programs; and for monitoring, assessing, evaluating and reporting about the effectiveness of the assistance provided. The personal information will be provided in two different data sets (by client and intervention):

3.5 Canada will provide to Manitoba, when requested by Manitoba and based on the selection criteria identified by Manitoba, on a per individual basis, the following personal information under its control from an individual’s file for the purpose of assisting Manitoba in contactingEI applicants who may be interested in receiving assistance under Manitoba programs funded under this Agreement in order to facilitate their return to work:

3.6 On a quarterly basis Canada will provide to Manitoba the following personal information under its control, on all EI clients residing in Manitoba who are active EI claimants and who are in receipt of regular or fishing benefits, to assist Manitoba in the strategic planning of the delivery of its programs:

Any reports created by Manitoba or Canada involving these data elements must be in cells of no less than 10.

3.7 Manitoba 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 Manitoba wish to receive from Canada personal information for research and/or statistical purposes, Canada will assess each request on a case-by-case basis. Canada may make personal information available to Manitoba for research and/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 an individual or individuals receiving, or who have received assistance from Manitoba under Manitoba programs funded under this Agreement, Canada will provide to Manitoba on written request, on a per individual basis, the following personal information under its control about an individual:

3.9 Canada may also, on its own initiative, provide to Manitoba the information under its control listed in section 3.8 about any individual who has received, or is receiving, assistance under Canada’s programs where it suspects that the individual was/is not entitled to that assistance, and/or may have received or be receiving insurance benefits under Part I of the EI Act to which the individual was/is not entitled.

3.10 In the event of amendments to Canada’s EI Act, Canada will provide to Manitoba, when requested by Manitoba, on a per individual basis, the following personal information under its control in respect of each individual who has been determined to be an active EI claimant who is receiving or has recently received financial assistance while participating in a Manitoba program, to assist Manitoba in communicating with the client and/or in determining whether any revisions to Manitoba’s financial assistance are required:

4.0 Information to be provided by Manitoba to Canada

4.1 Manitoba will provide Canada, on a per individual basis, the following personal information under its control about each of its clients who has requested assistance under one of Manitoba’s benefits and measures, for the purposes of establishing and verifying if the individual qualifies as an EI client:

4.2 Manitoba will provide to Canada the following personal information under its control about each EI client who is an active EI claimant and who is receiving assistance under Manitoba programs for the following purposes:

  1. to ensure that EI clients who are active EI claimants continue to receive the insurance benefits to which they are entitled while participating in a Manitoba program (for purposes of section 25 of the EI Act):
    • name
    • social insurance number
    • provincial office 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 (if available)
    • intervention break end week/date (if available)
    • authorization for absence from Canada during intervention, with dates, (if available)
    • agreement/file number (if available)
    • apprentice indicator (if available)
    • no claimant report code (for apprentices) (if available)
    • rate (EI Part II)
  2. to allow Canada to verify the ongoing eligibility for, or entitlement to, insurance benefits (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
  3. to allow Canada to determine the eligibility for, or entitlement to, insurance benefits of an individual who is authorized by Manitoba to quit their job in order to participate in a Manitoba program (for the purposes of section 25 of the EI Act):
    • name
    • social insurance number
    • date on which the individual is authorized to quit their job (last day of work)
    • start date of participation in the Manitoba program, and rationale for any gap of more than two weeks
    • name and signature of designated authority, with date

4.3 Where available, Manitoba will provide to Canada the following personal information under its control:

  1. about each EI client who is participating in Manitoba programs, and
  2. for each non-insured participant who is participating in Manitoba programs funded with EI Part II monies,

for the purpose of assisting Canada in monitoring, assessing and evaluating the effectiveness of the assistance provided by Manitoba under Manitoba’s programs, which Canada is required to do under Articles 8.0 and 10.0 of this Agreement:

The above information will be updated by Manitoba on a quarterly basis, or (for periodic evaluations) upon request 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 an individual or individuals who are participating in, or have participated in Manitoba programs funded under this Agreement, Manitoba will provide to Canada upon written request on a per individual basis the following personal information under its control about an individual:

4.5 Manitoba may also, on its own initiative, provide to Canada the information under its control listed in section 4.4 about any individual who has received, or is receiving, assistance under Manitoba’s programs where it suspects that the individual was/is not entitled to that assistance, and/or who may have received or be receiving insurance benefits under Part I of the EI Act to which the individual was/is not entitled.

4.6 In the event of amendments to Canada's EI Act, Manitoba will provide to Canada the following personal information under its control in respect of each individual who is receiving or has recently received financial assistance while participating in a Manitoba program, in order for Canada to determine which of these individuals is receiving or has recently received Part I benefits under that Act, which in turn will assist Manitoba in communicating with the client and/or in determining whether any revisions to Manitoba’s financial assistance are required:

4.7 Manitoba will provide to Canada the following personal information under its control on the results of Manitoba’s efforts to contact the clients 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 the client’s return to work, and verifying the client’s ongoing eligibility for, or entitlement to, insurance benefits (for the purposes of sections 25 and 27 of the EI Act):

4.8 Canada understands that it cannot use any of the personal information received from Manitoba under this Annex for research purposes.

4.8.1 Should Canada wish to receive from Manitoba personal information for research purposes, Manitoba will assess each request on a case-by-case basis. Manitoba may make personal information available for research purposes upon being satisfied that the conditions set out in subsection 47(4) of FIPPA are met, including that the information to be shared would be the subject of a separate agreement.

5.0 Security Requirements for user Identity and Access Management

5.1 In the context of allowing a Manitoba employee to access Canada’s systems and personal information held by Canada, Manitoba will provide to Canada a written description of its policies and procedures relating to performing and managing Personnel Security Screening Checks (PSSC) when assigning an employee to a position that deals with personal information.

5.2 In accordance with the legislative, regulatory and policy requirements of their employer, Manitoba employees who access personal information provided by Canada under this Agreement must obtain and retain a personnel security screening level that is commensurate with the handling of personal information.

5.3 The parties will ensure that only authorized individuals have access to and use of the personal information exchanged under this Agreement and only as is required for the performance of their duties under this Agreement.

5.4 Manitoba will conduct PSSC of their employees and contractor’s employees based on standards similar or equivalent to those of Canada. Manitoba PSSC will include a nation-wide criminal records check. Once Manitoba has completed the PSSC for its own or a contractor’s employees, Manitoba will retain a copy of the PSSC and the individual’s signed written consent to initiate the PSSC.

5.5 Manitoba will provide an annual attestation that a valid PSSC for each of their employees is on file and that any risks identified during the screening process have been discussed with Canada prior to granting access. Manitoba will retain, and upon request will provide to Canada, the following personal and non-personal information under its control for each Manitoba employee who requires access to Canada’s systems and information, and who has completed the PSSC:

5.6 Once a Personnel Security Screening Level has been granted, it remains valid for 10 years, provided there has not been a break in employment for a period of more than 1 year. Manitoba will conduct a new PSSC for their authorized users at least every 10 years (or more frequently, if required under Manitoba’s policy), in order to update the Personnel Security Screening Level of their authorized users. Canada may suspend system access for authorized users whose Personnel Security Screening Level expires, until such time as their Personnel Security Screening Level is renewed.

5.7 Manitoba will promptly inform Canada when a Manitoba employee ceases to need access to any of Canada’s systems.

6.0 Information protection and security

6.1 All personal information obtained under this Agreement shall be collected, used, maintained, stored, retained, disclosed, destroyed or disposed of and otherwise administered and protected in accordance with all applicable legislation. Personal information is to be safeguarded at a high level of protection to ensure the integrity, privacy and security of the disclosure process.

6.2 In the event of a breach or incident involving personal information that was accessed or collected from the other party, the party responsible for the privacy breach or incident will promptly notify the other party and follow the process described in Appendix A.

7.0 Mode of Information Exchange

7.1 Canada and Manitoba agree to enter into a separate service level agreement outlining systems requirements.

7.2 Unless otherwise specified in this Agreement, 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 Manitoba 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 Manitoba may request improvements to Canada’s information technology (IT) applications used by Manitoba. 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 Manitoba, in a timely manner, in accordance with the procedures agreed upon by both parties, of any new federal IT application or any new version of a federal application that is relevant to this Annex.

7.6 Canada and Manitoba 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 Manitoba 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 Manitoba shall not, in respect of any personal information they obtain from each other under this Annex:

  1. use that information for a purpose other than that for which it was respectively provided to them; and
  2. 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 Manitoba may use personal information they obtain from each other under this Annex for a purpose other than that for which it was obtained:

  1. with the written consent of the individual to whom that information relates;
  2. if authorized pursuant to the legislation applicable to the party that received that information and with the written consent of the party that provided that information; or
  3. If required by legislation.

8.4 Canada and Manitoba may disclose personal information they obtain from each other under this Annex to any person or body for any purpose:

  1. with the written consent of the individual to whom that information relates;
  2. in a form that cannot reasonably be expected to identify the individual to whom that information relates; or
  3. if required to comply with legislation or a subpoena, warrant or order issued or made by a court, person or body with jurisdiction to compel the production of information or with a rule of court that relates to the production of documents.

8.5 Unless otherwise required 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 the information.

8.5.1 For the purpose of section 8.5, a “third party” does not include Shared Services Canada, a department 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.

8.5 2 For the purpose of section 8.5, a “third party” does not include the Department of Finance, responsible for the provision of information technology (IT) infrastructure services to Manitoba that may include e-mail, data center (servers) and network services.

8.6 Manitoba acknowledges that it is an offence under section 42 of 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 that Act. This provision applies to employees of Manitoba as well as employees of ESDC and third parties 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 Manitoba under this Annex, Canada agrees to consult, when required, with Manitoba prior to any disclosure of such information. In the event of a request under The Freedom to Information and Protection of Privacy Act (Manitoba) for personal information obtained from Canada under this Annex, Manitoba 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:

  1. 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, the Electronic Documents and Records Management Solutions Standard, 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,
  2. in the case of Manitoba, The Freedom of Information and Protection of Privacy Act, The Personal Health Information Act and The Archives and Recordkeeping Act and regulations thereto, as well as all applicable Manitoba government-wide and departmental policies, protocols, operating directives, and guidelines governing the administrative, technical and physical safeguarding and disposal of the personal information.

10.2 The parties will investigate all cases where they have reasonable grounds to believe that any of the conditions set out in this Annex have been or are 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 the conducting of 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 either the PIA or the 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 21.0 of this Agreement.

10.4 The parties will periodically audit their respective information management practices and procedures in the context of this Annex, to ensure:

  1. compliance with the requirements of section 10.1; and
  2. 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 Personal information in Manitoba’s custody or under Manitoba’s control may only be stored or accessed in Canada.

12.2 Canada and Manitoba will cooperate to ensure that the provisions of The Freedom of Information and Protection of Privacy Act (Manitoba)and The Personal Health Information Act (Manitoba)are respected.

13.0 General

13.1 This Annex can be modified with the written consent of both parties.

Appendix A

Privacy breach requirements

“Privacy Breach” means unauthorized access to or collection, use, disclosure, deletion, disposal or destruction of personal information”.

“Security incident” means a violation of physical and/or electronic security measures, potentially resulting in a breach of confidentiality or privacy breach.

A.1 In the event of a security incident involving personal information or a privacy breach, the party responsible shall:

  1. take immediate and reasonable steps to contain or limit the security incident and/or privacy 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;
  2. promptly investigate the cause of the security incident and/or privacy breach;
  3. notify the other party;
  4. notify the appropriate authorities if criminal activity is suspected;
  5. notify the affected individual(s) whose personal information was inappropriately disclosed;
  6. cooperate with the other party and its Information and/or Privacy Commissioner and its contractors and auditors in any investigation into or audit of the events;
  7. following the investigation, provide a detailed written report of the circumstances related to any unauthorized access, collection, use, disclosure, deletion, disposal, modification, destruction, misuse or breach of confidentiality or computer or network security breach to the other party;
  8. take reasonable steps requested by the other party to address the current situation or prevent a reoccurrence; and
  9. notify the other party of any remedial actions taken.

A.2 Upon being notified, of an instance of unauthorized access, collection, use, disclosure, deletion, disposal, modification, destruction, misuse or breach of confidentiality, or computer or network security breach, the party so notified may:

  1. review the steps proposed by the other party to address the current situation or prevent a recurrence of the non-compliance; and
  2. request that the other party take specific steps to address the current situation or prevent a recurrence; and, for serious breaches, 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.

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

For Manitoba

Executive Director, Post-Secondary Education and Labour Market Outcomes
Post-Secondary Education and Workforce Development
Manitoba Education and Training
400-800 Portage Ave.
Winnipeg, Manitoba
R3G 0N4

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