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Agreement to amend the Canada-New Brunswick Labour Market Development Agreement

Information for reference

This text copy of the bilateral transfer agreement between the Government of Canada and New Brunswick 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,” 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 New Brunswick, hereinafter referred to as “New Brunswick”, represented by the Minister of Post-Secondary Education

Hereinafter referred to as “the parties”.

Whereas the parties entered into the Canada-New Brunswick Labour Market Development Agreement (“Canada-New Brunswick LMDA”) on December 13, 1996;

Whereas the Canada-New Brunswick LMDA was amended on June 6, 1997, December 23, 1998, May 2003, August 31, 2005, May 22, 2009, March 24, 2017 and February 23, 2018;

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, and start their own business, and by providing more support to help them plan their career;

Whereas in order to modernize its labour market transfer agreements Canada wishes to align various provisions of its Labour Market Development Agreements with the new Workforce Development Agreements;

Whereas Canada and New Brunswick have agreed to objectives, principles and areas of focus for investment under the Canada-New Brunswick Labour Market Development Agreement and the Canada-New Brunswick Workforce Development Agreement in building an integrated, client-centered, outcomes-driven employment and training model in New Brunswick;

Whereas Canada and New Brunswick recognize the importance of engaging with and providing services through Aboriginal partners, where applicable;

Whereas Canada and New Brunswick agree that it is critical to put in place strong performance measurement systems to track outcomes and demonstrate results to inform program and policy development;

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

Whereas evaluations show that early interventions are associated with positive impacts on earnings and employment for participants to activities under the LMDAs;

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

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

Therefore, the parties agree to amend the Canada-New Brunswick LMDA, as amended from time to time, as follows:

  1. The definitions of “EI client” and "provincial measure", in section 1.2 are deleted and replaced with the following:

    "EI client” means an unemployed person who, when requesting assistance under a provincial benefit or provincial measure:

    1. is an activeEI 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 EI 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 EI 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 EI Act.

    "provincial measure" means a labour market development program set out in Annex 1, as amended from time to time, that is provided by New Brunswick under section 3 to support:

    1. organizations that provide employment assistance services;
    2. employers, employee or employer associations, community groups and communities in developing and implementing strategies for dealing with labour force adjustments and meeting human resource requirements; and
    3. research and innovative projects to identify better ways of helping persons prepare for, return to or keep employment and be productive participants in the labour force.
  2. The following heading and sections are added after section 2.3:

    2.01 Objectives, principles and areas of focus

    2.01.1 Canada and New Brunswick agree that the objectives of this Agreement are the following:

    1. Foster inclusive labour market participation: Help 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.

    2.01.2 Canada and New Brunswick accept the principles of this Agreement as set out below:

    1. Client-centred: Flexibility to meet the needs of unemployed, underemployed and precariously employed individuals and employers using the best available labour market information; and minimize barriers in accessing programs and supports;
    2. Inclusion: Support 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 (e.g. improved employability);
    4. Flexibility and Responsiveness: Flexibility to address 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 and partnership between Federal and Provincial/Territorial governments; engagement with and services through Aboriginal partners; consultation and engagement with stakeholders; and coordination to enhance program complementarity.

    2.01.3 Canada and New Brunswick agree that to support flexibility, eligible provincial benefits and provincial measures funded under this Agreement will fall within any of the following areas of focus:

    1. Training: Improve levels of literacy, essential and work-related skills; and support upskilling for the employed (including those precariously employed) and underemployed;
    2. Supports: Provide continuum of needs-based services to maximize potential impact of training; and continue to support persons with disabilities to enter and stay in the labour market;
    3. Employment Partnerships: Work in partnership with employers and other stakeholders to promote awareness and expand the availability, accessibility and quality of employment opportunities; and
    4. 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 underrepresented groups.
  3. Section 4.0 is deleted and replaced entirely with the following heading and sections:

    4.0 Delegation of authority with respect to certain National employment services functions and cooperation on labour market information.

    4.1 New Brunswick is hereby authorized to carry out or perform functions of the National Employment Service described in section 2.0 of Annex 3 to this Agreement entitled "National Employment Service Functions and Labour Market Information".

    4.1.1 The parties respective roles and responsibilities in respect to the delegated functions of the National Employment Service referred to in section 4.0 are described in Annex 3 of this Agreement entitled “National employment service functions and Labour Market Information”.

    4.2 Canada and New Brunswick agree to cooperate to establish effective links between the parties to facilitate and coordinate the production and dissemination of labour market information in accordance with section 3 of Annex 3.

  4. Section 7.0 is amended by replacing sections 7.1, 7.2 and 7.3 with the following:

    7.1 By no later than October 1 following the end of each fiscal year during the period of this Agreement, New Bunswick agrees to share with Canada an Annual Report describing the results of the provincial benefits and measures achieved in the fiscal year based on the requirements set out in Annex 5 to this Agreement entitled “Performance Measurement Strategy and Targets”.

    7.2 The parties agree that results measurement and reporting respecting the contribution payable to New Brunswick under section 13 will be consistent with the process described in Annex 5 to this Agreement entitled “Performance Measurement Strategy and Targets”.

    7.3 Canada and New Brunswick 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 results indicators:

    1. the number of active EI claimants that have access to provincial benefits;
    2. returns to employment of EI clients, with an emphasis on active EI claimants; and
    3. savings to the Employment Insurance Account.
  5. The following heading and section are added after section 13C:

    Targeted six-year increase in contribution to costs of provincial benefits and measures

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

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

    The maximum contribution payable under section 13 towards the costs of the provincial benefits and 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 EI Part I claims with regular benefits paid in New Brunswick, divided by the number of EI 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, 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 New Brunswick, 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 EI Act to be allocated between the provinces and territories for each of fiscal years 2017-2018 to 2022-2023.

  6. Section 13.0 is further amended by adding the following after Section 13.10

    13.11. Notwithstanding section 13D and section 13.6, New Brunswick may use up to 10% of the additional amount of Canada’s contribution provided under section 13D towards administration costs for each of fiscal years 2018-2019 and 2019-2020, if the total contribution to New Brunswick towards administration costs under section 13.6 for the previous fiscal year was less than 30% of the maximum contribution amount towards the costs of New Brunswick benefits and measures under section 13.0 for the previous fiscal year.

  7. Section 14.6 is added after section 14.5:

    14.6 For fiscal year 2017-2018, Canada will make payment of its additional contribution to New Brunswick under section 13D for that fiscal year in one lump sum payment.

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

    14.0 Payment procedures

    14.1.1 Beginning April 1, 2018, Canada will make payments of its annual contribution towards the costs of the provincial benefits and 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.

    14.1.2 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 New Brunswick for the fiscal year towards the costs of the provincial benefits and measures and towards administration costs

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

    14.2 Canada shall withhold payment of its first installment for the fiscal year if New Brunswick has failed to provide its annual plan for the fiscal year provided in accordance with section 16.01.0 until such time as the annual plan is provided.

    14.3 Canada shall withhold payment of its second installment for the fiscal year until New Brunswick has provided its annual audited financial statement in accordance with Section 17.0, and its annual report in accordance with section 7.1.

  9. The following heading and sections are added after section 16:

    16.01.0 Annual plan

    16.01.1 For each fiscal year during which New Brunswick provides its provincial benefits and provincial measures, New Brunswick will provide Canada’s designated official on or about May 1, an annual plan which describes:

    1. the labour market issues which New Brunswick intends to address during the coming fiscal year;
    2. the array of provincial benefits and provincial measures to be offered to during the coming fiscal year;
    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 section 16.01.2 including a list of stakeholders consulted and the main themes coming from the consultation.

    16.01.2 In developing each annual plan referred to in section 16.01.1, New Brunswick agrees to consult with stakeholders, including organizations representing both employers and employees and official language minority communities in New Brunswick.

  10. Section 17 is deleted and replaced entirely with 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, New Brunswick 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 Canadian Generally Accepted Accounting Principles and presented in a form prescribed by Canada setting out the amount of the costs of provincial benefits and provincial measures that New Brunswick has actually incurred in that fiscal year in respect of each of the provincial benefits and provincial measures; and
    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.

    17.2 The audit of the financial statement shall be performed by the Auditor General of New Brunswick, or his or her designate, or by an independent public accounting firm registered under the laws of New Brunswick and shall be conducted in accordance with Canadian Generally Accepted Auditing Standards.

    17.3 New Brunswick’s use of Canada’s additional contribution provided under section 13.11 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.

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

    21.01.0 Workforce Development Committee

    21.01.1 Canada and New Brunswick agree to establish and maintain a bilateral Canada-New Brunswick Joint Committee to be known as the Workforce Development Committee.

    21.01.2 The Workforce Development Committee will be co-chaired by the designated officials of the parties and will meet at least twice annually, timed to coincide with the planning and reporting cycles, or as agreed to by the co-chairs. The co-chairs can invite representatives from other agencies, departments or ministries to participate in Committee meetings as deemed appropriate.

    21.01.3 The Assistant Deputy Minister, Atlantic Region, of Canada’s Department of Employment and Social Development will be represented on the Workforce Development Committee.

    21.01.4 Decisions of the Workforce Development Committee with respect to this Agreement will be by consensus. If consensus cannot be reached, then the issue(s) will be referred to the appropriate Deputy Ministers for both of the Parties. If the issue cannot be resolved by the Deputy Ministers, it shall be referred to the appropriate Ministers for both of the parties to be resolved.

    21.01.5 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;
    2. Exchanging information on regional or local labour market challenges and priorities 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 have discussions related to the implementation of the agreement,
    4. Providing a forum for discussing regional issues and ways to better coordinate the delivery of federal and New Brunswick programs;
    5. Sharing information on innovative labour market programs and policies as well as broader developments in the labour market and bilateral issues that may fall outside the parameters of this agreement.
  12. The following heading and sections are added after section 21.01:

    21.02.0 Designated Officials

    21.02.1 For the purposes of this agreement, the Senior Assistant Deputy Minister of Skills and Employment Branch of the Department of Employment and Social Development is the designated official for Canada, and the Assistant Deputy Minister of the Adult Learning and Employment Division is the designated official for New Brunswick.

    21.02.2 Either Canada or New Brunswick may, from time to time, upon written notice to the other, designate a new designated official in replacement of an existing designated official.

    21.02.3 Designated officials, or their designates, will meet as required to resolve issues that emerge from the agreement.

  13. Annex 1 entitled “Provincial benefits and measures” is amended by deleting section 2.2 and replacing it with the following:

    2.2 Provincial Measures

    Labour market partnership activities will be delivered through the New Brunswick's Adjustment Services Initiatives. This program will maximize the adjustment process through the support of research, planning, and other activities by community partners and/or industry to address challenges and opportunities with respect to human resource development. Funding will be made available to community partners who share a commitment and a responsibility for job creation or job protection as well as human resource development and displacement.

    As a requirement of the Employment Insurance Act, supports to individuals under this measure shall not provide assistance to employed persons unless they are facing a loss of employment or needing that assistance to maintain their employment.

    Employment assistance services will be administered through third party contracts with New Brunswick based on needs identified by case management staff.

    Under research and Innovations (program as yet unnamed), New Brunswick will conduct activities, experimentation and research to address labour market development, policy and design issues.

  14. Annex 3 entitled “National Employment Service functions” is replaced in its entirety by a new Annex 3 entitled “National employment service functions and Labour Market Information” which is included under Schedule 1 to this amending Agreement.
  15. Annex 5 entitled “Accountability and results” is replaced in its entirety by a new Annex 5 entitled “Performance Measurement Strategy and Targets” which is included under Schedule 2 to this amending Agreement.
  16. Annex 6 entitled “Information and data sharing arrangements” is replaced in its entirety by a new Annex 6 entitled “Canada-New Brunswick Exchange of Information and Data Sharing Arrangements” which is included under Schedule 3 to this amending Agreement.
  17. 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 New Brunswick, in accordance with section 13 of the Canada-New Brunswick LMDA. The parties acknowledge that the current method set out in section 13 of the Canada-New Brunswick 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 Advanced Education and Labour.
  18. For the purpose of facilitating early intervention with EI clients, New Brunswick agrees to implement and use Canada’s Targeting, Referral and Feedback system no later than March 31, 2020. The federal arrangements required to implement this system are detailed in Annex 6 of the Canada-New Brunswick LMDA entitled “Canada-New Brunswick Exchange of Information and Data Sharing Arrangements”.
  19. 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 New Brunswick as soon as possible after the parties have signed this amending Agreement.
  20. In all other respects, the Canada-New Brunswick LMDA shall remain unchanged.
  21. This amending Agreement shall be read together with the Canada-New Brunswick LMDA as amended from time to time and takes effect as if its provisions were part of the Canada-New Brunswick LMDA.
  22. Sections 1, 8, and 13 of this amending Agreement will come into force on April 1, 2018.
  23. New Brunswick agrees and recognizes that for fiscal year 2017-2018, Canada’s contribution will only be paid to New Brunswick for costs of New Brunswick’s provincial benefits and provincial measures as defined in the Canada-New Brunswick LMDA on April 1, 2017. New Brunswick further agrees and recognizes that the costs of New Brunswick provincial benefits and provincial measures for an EI client will only be eligible for a contribution under the Canada-New Brunswick LMDA starting in fiscal year 2018-19 and subsequent fiscal years once sections 1, 8 and 13 of this amending Agreement are in effect on April 1, 2018.
  24. 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 New Brunswick in Fredericton this 31st day of March 2018

________________________
Honourable Roger Melanson
Minster of Post-Secondary Education

Schedule 1

Annex 3

National employment service functions and Labour Market Information

1.0 Purpose

1.1 The purpose of this Annex is to set out:

2.0 National employment service – Functions delegated to New Brunswick

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.

2.1 Pursuant to Section 4.0 of the Agreement New Brunswick agrees to perform the following functions:

2.2 In performing these functions, New Brunswick shall:

2.4 Canada shall:

2.5 Canada and New Brunswick agree to participate in an annual discussion on plans and priorities for future changes and enhancements to Job Bank and it labour exchange services.

3.0 Labour market information

3.1 Canada and New Brunswick have a clear interest in accessing labour market information to support client interventions.

3.2 Both parties agree to cooperate in carrying out their respective functions under this agreement so as to allow effective access by each other and their clients to relevant labour market information.

Schedule 2

Annex 5

Performance Measurement Strategy and Targets

1.0 Purpose

1.1 The purpose of this Annex is to set out the mutual understanding and agreement of the parties on:

2.0 Performance Measurement Strategy

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

Pursuant to section 7.2 of the Agreement, the Parties 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 Performance Measurement Strategy as evergreen, the Parties agree to continue to work together on performance measurement for this Agreement through the Working Group in order to:

The Parties agree to work together to plan and carry out evaluation activities for the programs funded under this Agreement.

2.2 Performance Measurement

New Brunswick agrees to collect and compile the performance indicator information set out in this annex. Performance indicator information includes:

2.3 Performance Indicators

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

2.4 Personal Information

The nature of the exchange of personal information is detailed in Annex 6, entitled “Canada-New Brunswick Exchange of Information and Data Sharing Arrangements”.

2.5 Reporting

  1. Reporting to Canada
    1. Annual Report to Canada

      In accordance with section 7.1 of the 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
    3. On a quarterly basis, New Brunswick will report to Canada on all performance indicators through data uploads as described in Annex 6 to this Agreement. This includes individual participants’ social insurance numbers.
  2. Annual public reporting

    3. Annually Canada will work collaboratively with New Brunswick to produce a national report on the Labour Market Development Agreements. Canada will share a preliminary annual national report with New Brunswick for review and input prior to the publication of the final report.

  3. Reporting to Parliament

    4. 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, New Brunswick will substantially implement the performance measurement strategy by April 1, 2019.

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

3.0 Targets and target-setting

3.1 In advance of each year of the Agreement, targets will be established with respect to the Primary Results Indicators. Targets will be set, using historical data, taking into consideration local or regional level labour market realities and opportunities , individual client needs, equity considerations, community/partnership capacity, funds available and program mix.

3.1.1 Canada and New Brunswick agree that the core of the accountability framework rests in the planning, tracking, and reporting of the following Primary Results Indicators:

  1. the percentage of EI clients who participate in provincial benefits who are active EI claimants
  2. returns to employment of EI clients, with an emphasis on active EI claimants
  3. savings to the EI Account

Schedule 3

Annex 6

Canada-New Brunswick Exchange of Information and Data Sharing Arrangements

1.0 Purpose

1.1 The purpose of this Annex to the Canada - New Brunswick Labour Market Development Agreement (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 of New Brunswick’s Right to Information and Protection of Privacy Act (RTIPPA), 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 New Brunswickunder 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 New Brunswickfor the purposes set out in section 3. In this regard:

  1. 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;
  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 of this Annex will be disclosed to New Brunswick only for the purposes described herein.

2.2 With respect to the information to be collected by Canada from New Brunswick under section 4 of this Annex, Canada confirms that it is authorized under the EI Act to collect such personal information from New Brunswick for the purposes set out in section 4.

New Brunswick’s Authorities:

2.3 With respect to the personal information to be provided by New Brunswick to Canada under section 4 of this Annex, New Brunswick confirms that it is authorized under paragraphs 46(1) (a) and related individual consent forms, (c) and (t) of the Right to Information and Protection of Privacy Act (RTIPPA) (S.N.B. 2009, c. R-10.6) along with subsection (4) (1) of the Employment Development Act (R.S.N.B. 2011, c.148) 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 New Brunswick from Canada under section 3 of this Annex, New Brunswick confirms that it is authorized under section 37 of the Right to Information and Protection of Personal Information (RTIPPA) (S.N.B. 2009, c. R-10.6) to collect such personal information from Canada for the purposes set out in section 3.

3.0 Information to be provided by Canada to New Brunswick

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

  1. assisting New Brunswick 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 New Brunswick’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 New Brunswick’s programs, assisting New Brunswick in determining the nature and level of financial assistance to be provided to the EI client under New Brunswick’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
  3. 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 New Brunswick an update on all or any of the above information, for use by New Brunswick in reviewing, as needed, the purpose and amount of the financial assistance provided to the EI recipient by New Brunswick.

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

3.3 Canada will provide to New Brunswick on a quarterly basis any or all of the following personal information under its control on all EI clients and non-EI clients who have received assistance from New Brunswick under New Brunswick’s programs, for use by New Brunswick for: the review, analysis and verification of the data calculated/held by Canada; planning, delivery, and administration of New Brunswick 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 New Brunswick’s programs funded with EI Part II monies, as provided by New Brunswick in section 4.3, the following personal information will be provided to New Brunswick by Canada in a return file:

3.4 Upon request, and based on the quarterly data files on EI clients and non-insured participants who are participating in New Brunswick programs funded with EI Part II monies, as provided by New Brunswick in section 4.3, the following personal information will be provided to New Brunswick for: the review and verification of Canada’s reporting of results; planning, delivery and administration of New Brunswick 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 New Brunswick, when requested by New Brunswick and based on the selection criteria identified by New Brunswick, 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 New Brunswick in contacting EI applicants who may be interested in receiving assistance under New Brunswick’s programs funded under this Agreement, in order to facilitate their return to work:

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

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

3.7 New Brunswick 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 New Brunswick 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 New Brunswick 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 New Brunswick under New Brunswick programs funded under this Agreement, Canada will provide to New Brunswick where available and upon written request, on a per individual basis, any or all of the following personal information under its control about an individual:

3.9 Canada may also, on its own initiative, provide to New Brunswick the information 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 Following amendments to Canada’s EI Act, Canada will provide to New Brunswick, when requested by New Brunswick, on a per individual basis, any or all of 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 New Brunswick program, to assist New Brunswick in communicating with the client and/or in determining whether any revisions to New Brunswick’s financial assistance are required:

4.0 Information to be provided by New Brunswick to Canada

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

4.2 New Brunswick 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 New Brunswick 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 New Brunswick 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 New Brunswick to quit their job in order to participate in a New Brunswick 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 New Brunswick program, and rationale for any gap of more than two weeks
    • name and signature of designated authority, with date

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

  1. about each EI client who is participating in New Brunswick programs, and
  2. for each non-insured participant who is participating in New Brunswick 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 New Brunswick under New Brunswick’s programs, which Canada is required to do under Articles 8 and 10 of this Agreement:

The above information will be updated by New Brunswick 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 New Brunswick programs funded under this Agreement, New Brunswick will provide to Canada upon written request on a per individual basis, any or all, if available, of the following personal information under its control about an individual:

4.5 New Brunswick 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, assistance under New Brunswick’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 Following amendments to Canada's EI Act, New Brunswick will provide to Canada any or all of 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 New Brunswick 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 New Brunswick in communicating with the client and/or in determining whether any revisions to New Brunswick’s financial assistance are required:

4.7 New Brunswick will provide to Canada the following personal information under its control on the results of New Brunswick’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):

5.0 Security Requirements for user Identity and Access Management

5.1 In the context of allowing a New Brunswick employee to access Canada’s systems and personal information held by Canada, New Brunswick 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, New Brunswick employees who access personal information provided by the other party 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 New Brunswick will conduct PSSC of their employees and contractor’s employees based on standards similar or equivalent to those of the Government of Canada. New Brunswick PSSC will include a nation-wide criminal records check. Once New Brunswick has completed the PSSC for its own or a contractor’s employees, New Brunswick will retain a copy of the PSSC and the individual’s signed written consent to initiate the PSSC.

5.5 New Brunswick 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 the other party prior to granting access. New Brunswick will retain, and upon request will provide to Canada, the following personal and non-personal information under its control for each New Brunswick 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. New Brunswick will conduct a new Personnel Security Screening Check for their Authorized Users at least every 10 years (or more frequently, if required under New Brunswick’s policy), in order to update the Personnel Security Screening Level of their Authorized Users. ESDC 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 New Brunswick will promptly inform Canada when a New Brunswick 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/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 New Brunswick 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 New Brunswick 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 New Brunswick may request improvements to Canada’s applications used by New Brunswick. 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 New Brunswick, 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 New Brunswick 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 New Brunswick 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 New Brunswickshall 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 New Brunswickmay 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 permitted 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 New Brunswickmay 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 by legislation.

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 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.

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

8.6 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 New Brunswick 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 New Brunswick under this Annex, Canada agrees to consult, when required, with New Brunswick prior to any disclosure of such information. In the event of a request under New Brunswick’s Right to Information and Protection of Privacy Act (RTIPPA) for information obtained from Canada under this Annex, New Brunswick 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 New Brunswick, the Right to Information and Protection of Privacy Act (RTIPPA) 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 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 21.02.3 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 Except as may be permitted by New Brunswick’s Right to Information and Protection of Personal Information Act (RTIPPA), personal information (as defined therein) in New Brunswick’s custody or under New Brunswick’s control may only be stored or accessed in Canada.

12.2 Canada and New Brunswick will cooperate to ensure that the provisions of New Brunswick’s Right to Information and Protection of Personal Privacy Act (RTIPPA)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 involving personal information or privacy breach, 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:

  1. 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;
  2. promptly investigate the cause of the 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, use, disclosure, modification, destruction, disposal, 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, use, disclosure, modification, 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;
  2. request that the other party take specific steps to address the current situation or prevent a recurrence; and/or, 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 New Brunswick

Director of Program Design and Support
Employment and Continuous Learning Services
Department of Post-Secondary Education Training and Labour
470 York Street
Chestnut Complex
P. O. Box 6000
Fredericton, NB
E3B 5H1

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