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Agreement to amend the Canada-Ontario Labour Market Development Agreement (Sign on March 27, 2018)

Information for reference

This text copy of the bilateral transfer agreement between the Government of Canada and Ontario 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 Ontario, hereinafter referred to as “Ontario”, represented by the Ministry of the Minister of Advanced Education and Skills Development.

Hereinafter referred to as “the parties”.

Whereas the parties concluded the Canada-Ontario Labour Market Development Agreement (“Canada-Ontario LMDA”) on November 23, 2005;

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 more support to help them plan their career;

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

Whereas Canada and Ontario recognize the importance of engaging with and, where applicable, providing services through Indigenous partners, including service providers and communities;

Whereas Ontario continues to strengthen relationships with Indigenous communities and support programs and services that are responsive to the diverse needs and perspectives of Indigenous peoples;

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

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

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

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

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

  1. The definitions of “EI client” and “Ontario measure” in section 1.2 are replaced by the following:

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

    1. is an active EI 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.

    "Ontario measure" means a labour market development program set out in Annex 1, as amended from time to time, that is provided by Ontario under section 3 with funding transferred under this Agreement 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; or,
    3. research and innovation 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 definition of “Indigenous peoples” is added in section 1.2 after the definition of "HRSDC":

    "Indigenous peoples" means Aboriginal peoples of Canada, as defined in the Constitution Act, 1982.

  3. The following heading and sections are added immediately before section 3.0:

    2.01 Principles, objectives, and areas of focus

    2.01.1 Canada and Ontario agree to the objectives of this Agreement as set out below:

    1. Foster inclusive labour market participation: Help individuals access labour market participation opportunities; and support successful participation by Ontarians who seek to find and maintain meaningful employment, progress in their careers, and make a greater connection to the labour force;
    2. Align skills with labour market needs: Help employers, and individuals 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 in expanding the availability, accessibility and quality of employment opportunities for people with disabilities; 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 inclusive economic growth.

    2.01.2 Canada and Ontario agree to 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 (for example, 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 F-P/T governments; engagement with and services through, where applicable, our respective Indigenous partners, including service providers and communities; consultation and engagement with stakeholders; and coordination to enhance program complementarity.

    2.01.3 Canada and Ontario agree that to support flexibility, eligible Ontario benefits and 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; support upskilling for the precariously employed and underemployed;
    2. Supports: Provide a continuum of needs-based services to maximize the potential impact of training; and continue to support the efforts of underrepresented and vulnerable groups, including 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 to Ontarians; 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.
  4. Section 3.2 is replaced by the following sections:

    3.2 For each fiscal year during which Ontario provides its Ontario benefits and measures, Ontario will provide Canada’s Designated Official on or about May 1, an annual plan which describes:

    1. the labour market issues which Ontario intends to address during the coming fiscal year;
    2. the array of Ontario benefits and measures to be offered to during the coming fiscal year;
    3. the projected expenditures under each of the Ontario benefits and measures for the coming fiscal year;
    4. description of the consultation process referred to in section 3.2.1 including a list of stakeholders consulted and the main themes coming from the consultation.

    3.2.1 In developing each annual plan referred to in section 3.2, Ontario agrees to consult with stakeholders, including organizations representing employers and organizations representing employees and official language minority communities in Ontario.

  5. Section 4.0 is replaced by the following:

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

    4.1 Ontario, acting through Ontario's Minister of Advanced Education and Skills Development is hereby authorized to carry out or perform functions of the National Employment Service described in section 2.0 of Annex 2 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 4.1 are described in section 2 of Annex 2.

    4.2 Canada and Ontario agree to the preparation of a joint labour market information strategy in accordance with section 3 of Annex 2.

  6. Section 7.0 is deleted and replaced with the following heading and sections:

    7.0 Workforce Development Committee

    7.1 Canada and Ontario agree to establish and maintain a bilateral Canada-Ontario Joint Committee to be known as the Workforce Development Committee.

    7.2 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 Workforce Development Committee will be composed of an equal number of representatives of Canada and Ontario. The co-chairs can invite representatives from other agencies, departments or ministries to participate in Committee meetings as deemed appropriate.

    7.3 The Assistant Deputy Minister of Service Canada’s Ontario Region will be represented on the Workforce Development Committee.

    7.4 The Assistant Deputy Minister of the Employment and Training Division, Ministry of Advanced Education and Skills Development will be represented on the Workforce Development Committee.

    7.5 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 languages and 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 Ontario programs (including for Indigenous people, youth and persons with disabilities);
    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;
    6. Oversee the development and approval of an annual Annex to the Agreement that shall set out:
      1. the agreed annual results targets for the coming fiscal year;
      2. the annual plan developed by Ontario and informed by local plans developed in consultation with local Service Canada offices, Ontario Works and other sources,
      3. the three-year projection of Canada's annual allocations for contributions towards the costs of provincial programs; and
      4. the actual amount of Canada's contribution towards the costs of provincial programs in the coming year as determined pursuant to section 14.0;
    7. Review and provide direction to resolve issues arising from the implementation and management of this Agreement, and from the evaluation of provincial programs supported under this Agreement;
    8. Carry out the powers, duties and functions of the Workforce Development Committee specified elsewhere in this Agreement or such additional powers, duties, functions as Designated Officials may jointly assign to it under this section to accomplish the objectives of this Agreement; and,
    9. Accordance with section 12.0, developing measures for detecting and controlling abuse and determining how and by whom these measures should be carried out.

    7.6 Decisions of the Workforce Development Committee related to this Agreement will be by consensus. If consensus cannot be reached, then the issue(s) will be referred to the Deputy Minister of Employment and Social Development Canada or, wherever appropriate, the Chief Operating Officer for Service Canada, and the Deputy Minister of the Ministry of Advanced Education and Skills Development and then to Canada’s Minister of Employment and Social Development and Ontario’s Minister of Advanced Education and Skills Development.

    7.7 Whenever possible, Canada and Ontario will provide each other with advance notice of any legislative or regulatory proposal that could have implications on the other party. Annual results targets and service levels of provincial programs for EI clients will reflect any changes to federal legislation or regulations related to this Agreement.

  7. Section 8.0 is amended by replacing 8.1 with the following:

    8.1 The parties agree that results measurement and reporting respecting the maximum contribution payable to Ontario under section 14 will be consistent with the process described in Annex 5 to this Agreement entitled "Performance measurement strategy and targets".

  8. Section 8.0 is further amended by replacing 8.2 with the following:

    8.2 Canada and Ontario 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 who have accessed Ontario benefits and measures;
    2. the number of EI clients returned to employment;
    3. savings to the Employment Insurance Account.
  9. Section 8.0 is further amended by adding the following after section 8.6:

    8.7 By no later than October 1 following the end of each fiscal year during the period of this Agreement, Ontario agrees to share with Canada an Annual Report based on the requirements set out in Annex 5 to this Agreement entitled "Performance measurement strategy and targets".

  10. The following heading and section are added after section 14B:

    Targeted six-year increase in contribution to costs of Ontario benefits or measures

    14C Notwithstanding anything in section 14, in each of fiscal years 2017-2018 to 2022-2023, Canada agrees to increase the maximum contribution payable to Ontario under section 14, based on an allocation methodology that takes into account Ontario’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 14 towards the costs of the Ontario benefits and measures is increased by an amount not exceeding the amount determined by the following formula:

    [(A × 0.5) + (B × 0.5)] x C

    where:

    A is the number of EI Part I claims with regular benefits paid in Ontario, 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 referred to in section 11.0 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 Ontario, 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.

  11. Section 14 is further amended by adding the following section after section 14.11:

    14.12 Notwithstanding section 14C and section 14.8, Ontario may use up to 10% of the additional amount of Canada’s contribution provided under section 14C towards administration costs for each of fiscal years 2018-2019 and 2019-2020, if the total contribution to Ontario towards administration costs under section 14.8 for the previous fiscal year was less than 30% of the maximum contribution amount towards the costs of Ontario benefits and measures under section 14.0 for the previous fiscal year.

  12. Section 16.0 is amended by adding the following section after section 16.3:

    16.4 For fiscal year 2017-2018, Canada will make payment of its additional contribution to Ontario under section 14C for that fiscal year in one lump sum payment.

  13. Section 16.0 is replaced by the following:

    16.0 Payment procedures

    16.1 Beginning April 1, 2018, Canada will make payments of its annual contribution towards the costs of the Ontario 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.

    16.1.1 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 Ontario for the fiscal year towards the costs of the Ontario benefits and measures and towards administration costs.

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

    16.2 Canada shall withhold payment of its first installment for the fiscal year if Ontario has failed to provide its Annual Plan for the fiscal year provided in accordance with section 3.2 until such time as the Annual Plan is provided.

    16.3 Canada shall withhold payment of its second installment for the fiscal year if Ontario has failed to provide its financial report in relation to the previous fiscal year in accordance with section 18.0 and the Annual Report in accordance with section 8.7 until such time as the financial report and Annual Report are provided.

  14. Section 18.0 is replaced by the following:

    18.0 Financial accountability

    18.1 For fiscal year 2017-2018, and for each fiscal year thereafter during the term of this Agreement, Ontario 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 presented in a form prescribed by Canada setting out the amount of the costs of Ontario benefits or measures that Ontario has actually incurred in that fiscal year in respect of each of the Ontario benefits and 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.

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

    18.3 Ontario’s use of Canada’s additional contribution provided under section 14.12 towards administration costs for fiscal years 2018-2019 and 2019-2020 shall be included in the audited financial statement prepared in accordance with section 18.0.

  15. Section 19.2 is replaced by the following:

    19.2 Canada and Ontario agree to develop mechanisms through the Workforce Development Committee set out in Section 7 to use every effort to ensure full and effective utilization of the financial resources set out in this Agreement.

  16. Section 21.0 is replaced with:

    21.0 Designated Officials

    21.1 For the purposes of this Agreement, the Senior Assistant Deputy Minister of Skills and Employment Branch of ESDC is the Designated Official of Canada, and the Assistant Deputy Minister of the Strategic Policy and Programs Division is the Designated Official for Ontario.

    21.2 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.

    21.3 Designated Officials, or their designates, will meet as required to resolve issues that emerge from the Agreement.

  17. Annex 1 entitled “Description of Ontario benefits and measures” is replaced in its entirety by a new Annex 1 entitled “Description of Ontario benefits and measures” which is included under Schedule 1 to this amending Agreement.
  18. Annex 2 entitled “National employment service functions” is replaced in its entirety by a new Annex 2 entitled “National employment service functions and Labour Market Information” which is included under Schedule 2 to this amending Agreement.
  19. Annex 3 entitled “Delivery arrangements” is amended by replacing section 3 by the following:

    3.0 Ontario’s employment and training system

    3.1 Ontario’s employment and training system includes a broad range of service providers and serves the full range of clients, from those with low skills who have never successfully made the transition to the labour market, to those who are highly skilled and have had a long attachment to the labour market but are facing adjustment.

    3.2 Ontario’s service offerings will be tailored to meet the needs of the client, from intensive and progressive interventions to enhance the employability of a client with multiple barriers, to self-serve options and/or short interventions for the job-ready. Basic services will include labour market information, job matching, employment counselling, and information on skills development options. Enhanced services will address the more complex needs of those with barriers to employment, including at-risk youth, new immigrants, Indigenous peoples, older workers, and the long-term unemployed.

    3.3 Ontario’s employment and training system will also support the demand side of the labour market equation, helping employers to identify and meet their current and emerging skills needs, do proactive human resource planning, and increase productivity through skills enhancement. Accurate, timely, and readily available labour market information will support the effective functioning of the labour market, and underpin the identification of skills training priorities. New or strengthened partnerships with employers, labour, and sectoral organizations will encourage individual, employer, and government investments in skills upgrading, for both employed and unemployed workers.

    3.4 In Ontario’s employment and training system there will be “no wrong door”. A client could access the system through electronic channels (telephone, internet), through government offices (in person or by mail), and through third parties. Canada and Ontario will ensure that all community partners, whether they received project funding from governments or not, are aware of the full range of services available and of how their clients can access those services to meet their identified needs.

    3.5 There will be strong linkages between the employment and training system and Canada in relation to Employment Insurance (Part I), building on the existing linkages with Ontario Works and the Ministry of Community and Social Services (MCSS). This will support, in the short term, the rapid re-employment of EI claimants and the achievement of negotiated program performance targets and will, in the long-term, support outcomes of reducing dependence on federal and provincial financial assistance.

    3.6 Ontario will ensure access for social assistance recipients (Ontario Works) who are EI eligible to Ontario benefits and measures funded under this Agreement in the following ways:

    1. Inclusion of Ontario Works Service Managers in the development of local service coordination and referral protocols;
    2. Involvement of Ontario Works Service managers in local planning;
    3. MCSS representation on the Workforce Development Committee;
    4. Integration of the employment and training system in the overall MCSS program delivery service path for Ontario Works delivery agents and Ontarians with Disability and Support Program delivery agents;
    5. Development of referral protocols for clients; and
    6. Ensuring that MCSS delivery partners have information on Ontario’s employment and training services.

    3.7 Integrated local planning involving stakeholders such as employer associations, unions, training institutions, Ontario Works Service managers, Service Canada offices, Service Ontario offices, local groups and associations, to ensure that each community gets services tailored to meet its needs and that mutual priorities can be identified and communicated.

  20. Annex 4 entitled “Management arrangements” is repealed.
  21. Annex 5 entitled “Accountability, results measurements and results targets for 2007-2008” is replaced in its entirety by a new Annex 5 entitled “Performance measurement strategy and targets” which is included under Schedule 3 to this amending Agreement.
  22. Annex 6 entitled “Exchange of information and data sharing arrangements” is replaced in its entirety by a new Annex 6 entitled “Exchange of information and data sharing arrangements” which is included under Schedule 4 to this amending Agreement.
  23. 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 Ontario, in accordance with section 14.0 of the Canada-Ontario LMDA. The parties acknowledge that the current method set out in section 14.0 of the Canada-Ontario 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 Ontario’s Deputy Minister of Education and Training.
  24. For the purpose of facilitating early intervention with EI clients, Ontario agrees to implement and use Canada’s Targeting, Referral and Feedback system no later than March 31, 2020. It is recognized that implementation by March 31, 2020 includes having the technical infrastructure in place and resources available to implement all of the components of the system. The information sharing arrangements required to implement this system are detailed in Annex 6 of the Canada-Ontario LMDA entitled “Exchange of information and data sharing arrangements”.
  25. The payment of Canada’s additional contribution for fiscal year 2017-2018 referred to in section 12 of this amending Agreement will be paid to Ontario as soon as possible after the parties have signed this amending Agreement.
  26. In all other respects, the Canada-Ontario LMDA shall remain unchanged.
  27. This amending Agreement shall be read together with the Canada-Ontario LMDA as amended from time to time and takes effect as if its provisions were part of the Canada-Ontario LMDA.
  28. Sections 1, 13 and 17 of this amending Agreement will come into force on April 1, 2018.
  29. Ontario agrees and recognizes that for fiscal year 2017-2018, Canada’s contribution will only be paid to Ontario for Costs of Ontario benefits and measures as defined in the Canada-Ontario LMDA on April 1, 2017. Ontario further agrees and recognizes that Costs of Ontario benefits and measures for an EI Client and in respect of Ontario measures as defined in section 1 of this amending Agreement will only be eligible for a contribution under the Canada-Ontario LMDA starting in Fiscal Year 2018-2019 and subsequent Fiscal Years once sections 1, 13 and 17 of this amending Agreement are in effect on April 1, 2018.
  30. All other sections of this amending Agreement will come into force once it has been signed by both parties.

Signed on behalf of Canada in Gatineau this 27th 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 Ontario in Toronto this 29th day of March 2018

________________________
The Honourable Mitzie Hunter,
Minister of Advanced Education and Skills Development

Schedule 1

Annex 1 - Description of Ontario Benefits and Measures

1.0 Purpose

1.1 The purpose of this Annex to the Canada-Ontario Labour Market Development Agreement (LMDA) is to describe the programs and services, also referred to as benefits and measures that will be provided by Ontario.

2.0 Objectives

2.1 The objective of Ontario benefits and measures is to assist individuals to prepare for, obtain, and maintain employment and to reduce their dependency on government forms of income support including EI benefits and social assistance.

2.2 In support of this objective and the objective of eliminating overlap and duplication, Ontario intends to incorporate the following design features:

  1. a seamless and cost-effective continuum of employment programs and services for Ontarians to improve client service and reduce overlap and duplication.
  2. increased flexibility to allow planning and delivery decisions to be made at the local level;
  3. strengthening of cooperative and partnership arrangements with other service providers and delivery agents;
  4. requirement of persons receiving assistance to develop and commit to personal action plans and also to share the costs of assistance as appropriate; and
  5. the use of a case management approach to support clients, coordinate assistance and enable appropriate follow up to be done.

2.3 Ontario will assume responsibility for selecting priority clients for provincial benefits and measures but only insured participants given access to provincial benefits will be funded under EI Part II.

3.0 Ontario benefits

Ontario will provide a variety of benefits, as part of its employment and training system, to enable insured participants to obtain employment. Benefits can include:

  1. Skills training, ranging from basic to advanced skills, to help insured participants obtain skills for employment;
  2. Supports for employment partnerships with employers, community groups and/or organizations to provide employment opportunities to insured participants to gain work experience;
  3. Incentives for employers, such as wage subsidies, to encourage hiring of insured participants;
  4. Incentives for insured participants, such as temporary earnings supplements, to accept employment; and,
  5. Services to help insured participants a start business or become self-employed.

4.0 Ontario measures

Ontario will provide the three measures described briefly below:

  1. Ontario employment assistance services

    Employment Assistance Services will be used to help clients obtain employment.

    Ontario will provide services that are geared to meeting the needs of specific client groups and local communities through a service delivery network that is further described in Annex 3.

    Services provided under this provincial measure will be accessible to job seekers.

  2. Ontario Labour Market Partnerships

    Ontario will facilitate labour market activities that promote labour force development, workforce adjustment and human resources planning, through, for example, employer and employee groups.

    It is understood that Labour Market Partnerships may be used to provide assistance for employed persons who are facing loss of employment or needing that assistance to maintain their employment.

  3. Research and Innovation

    Ontario will support research, planning and innovative activities that identify better ways of helping persons prepare for and keep employment and be productive participants in the labour force.

Schedule 2

Annex 2 - National Employment Service Functions and Labour Market Information

1.0 Purpose

1.1 The purpose of this Annex is to set out:

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

2.0 National employment service – Functions delegated to Ontario

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 Canada and Ontario agree to the following principles:

  1. Client-centric with a focus on the ongoing needs of clients including the timely processing of job postings
  2. Continuous improvement of the Job Bank, including a priority on modernization and automation, efficient business processes and the sharing of best practices
  3. Support the goals of federal, provincial and territorial labour laws and labour market priorities, including ensuring employer accountability for their job advertisements
  4. Collaboration to use the Job Bank to promote and communicate federal, provincial and territorial programs and services with employers and job-seekers
  5. Share data, including job market data and client feedback that supports labour market development programming needs for the purposes of continuous improvement.

2.2 Pursuant to section 4.0 of the Agreement Ontario 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, Ontario 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 proscribed discrimination within the meaning of the Canadian Human Rights Act in the words contained in a job posting;
  3. perform the functions set out in section 2.2 in order to meet Canada’s established 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 Ontario a copy of its requirements, standards and accessibility requirements related to the functions of the National Employment Service performed by Ontario under this Agreement;
  2. provide to Ontario a copy of updates and modifications to Canada’s requirements, standards and accessibility requirements;
  3. provide Ontario 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 Ontario with electronic access to Job Bank with minimal downtime electronic access to Job Bank, as well as future information technology applications required for Ontario to fulfill the functions and responsibilities set out in section 2.2 and 2.3.

2.5 Canada and Ontario agree to participate in an annual discussion on plans and priorities for future changes and enhancements to Job Bank and its labour exchange services. The parties also agree to regularly review the operational guidelines and requirements in keeping with the agreed upon principles in section 2.1.

3.0 Labour market information

3.1 Canada and Ontario agree to the preparation of a joint labour market information strategy which will set out how each party will cooperate in gathering, analyzing, producing, disseminating and using local, provincial and national labour market information to support economic progress. Through this strategy, the parties will seek to do the following:

  1. provide appropriate and timely local, provincial and national labour market information to Ontario workers, employers, students, governments and other partners;
  2. support the development of plans for delivering provincial benefits and provincial measures and assessing outcomes and impacts;
  3. support continuing delivery by Canada of Part I Employment Insurance benefits, Labour programming including fair wages and Employment Equity, and the provision of sound advice on admitting foreign workers into the provincial labour market; and
  4. support ongoing analyses of Ontario's labour market trends that will lead to the development of practical strategies for dealing with evolving labour market challenges.

3.2 The joint strategy will be consistent with National Labour Market Information System methodology whereby:

  1. labour market information is available in both official languages;
  2. the ESDC national labour market information research framework and methodology (presently known as the Canadian Occupational Projection System), currently defined and supported in partnership with provinces, continues;
  3. linkages are maintained through the National Labour Market Information System to ensure that Canadians have access to Ontario labour market information from elsewhere in Canada;
  4. Internet products are maintained with up-to-date information;
  5. National Labour Market Information System methodological consistency and operational standards are applied to ensure data quality;
  6. partnerships are encouraged; and
  7. the contributions of both parties and other partners are recognized.

3.3 Labour market information may be local, provincial and national in scope. It is structured to include the following elements:

  1. occupational profiles and forecasts;
  2. community profiles;
  3. demographic and labour force profiles and forecasts;
  4. industrial/sectoral profiles and forecasts;
  5. wage and salary data and conditions of employment;
  6. vacancy and employment opportunities;
  7. reviews of labour market trends;
  8. occupational demand lists;
  9. potential employer lists;
  10. lists of training providers and available courses;
  11. major project updates; and
  12. work search tools.

Schedule 3

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:

  1. the performance measurement strategy
  2. the target setting process and results targets.

2.0 Performance measurement strategy

Canada and Ontario 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 8.1 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:

  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 funded under this Agreement, the Parties agree to work together through the Joint Evaluation Committee as described in section 9.5 of the Agreement.

2.2 Performance measurement

Ontario 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

Ontario 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:

  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 6, entitled “Information Sharing Arrangement”, to this Agreement to be amended by March 31, 2018.

2.5 Reporting

  1. Reporting to Canada
    1. Annual Report to Canada

      In accordance with section 8.7 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

      On a quarterly basis, Ontario 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

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

  3. 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, Ontario will substantially implement the performance measurement strategy by April 1, 2019.

Ontario 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 Ontario 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 For 2007-2008, targets for the three primary indicators will be mutually determined drawing on a bench-making procedure supported by historical data from Canada. Both parties recognize that these will be soft targets for 2007-2008, major emphasis will be placed on establishing the systems and client information exchange linkages needed to ensure that results can be measured, data integrity can be maintained, and the information required for Canada's annual report to Parliament can be made available on a timely basis.

3.2 Canada and Ontario agree that the three primary indicators will be as follows:

  1. Priority active employment insurance claimant access
    • At least 65% of insured participants who access Ontario's benefits will be active Employment Insurance claimants.
  2. Insured participants returned to work
    • The number of insured participants who return to employment or become self-employed after being referred to Ontario's benefits and measures. While the count includes those returning to work during their benefit entitlement period and those returning to work after their benefit entitlement period, priority will be given to active Employment Insurance claimants.
  3. Savings to the Employment Insurance Account
    • On an individual basis, calculation of a saving to the Employment Insurance Account is the difference between the individual's entitlement to regular benefits and the actual payout of regular Part 1 benefits to that individual (unpaid entitlements).

3.3 As outlined in section 8 of the Agreement, results targets for fiscal years 2007-2008 and beyond will be mutually agreed upon and set out in Annual Annexes. Targets will be set taking into consideration local level labour market realities and opportunities, individual client needs, community/partnership capacity and program mix.

Schedule 4

Annex 6 - Canada-Ontario exchange of information and data sharing arrangements

1.0 Purpose

1.1 The purpose of this Annex to the Canada-Ontario 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 2(1) of Ontario’s Freedom of Information and Protection of Privacy Act, and “information” as defined in subsection 30(1) of the Department of Employment and Social Development Act (DESD Act), between the parties which is necessary for the effective implementation of the Agreement. Personal information includes social insurance numbers.

1.2 In this Annex, “Ontario programs” means the benefits and measures offered by Ontario, as defined in section 1.3 of the Agreement.

2.0 Authorities

Canada to Ontario:

2.1 With respect to the information to be disclosed by Canada to Ontario under section 3 to this Annex, Canada confirms that it is authorized under subsection 34(1) of the Department of Employment and Social Development Act (DESD Act) to disclose such personal information to Ontario for 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 Ontario only for the purposes described herein, i.e. related to the administration and financing of Ontario programs as set out in the notices of collection given and consents obtained from participants. Administration includes participant services, including enforcement of participants’ obligations; planning, evaluating and monitoring Ontario programs; policy development related to Ontario programs; promotional activities; and coordination with Canada under the Agreement.

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

Ontario to Canada:

2.3 With respect to the personal information disclosed by Ontario to Canada under section 4 of this Annex, such disclosure is consistent with Ontario’s Freedom of Information and Protection of Privacy Act (FIPPA) for the purposes set out in section 4.

2.4 Ontario will obtain consent to indirect collection of personal information from affected individuals consistent with clause 39(1)(a) of FIPPA to indirectly collect personal information from Canada for the purposes set out in section 3 of this Annex.

3.0 Information to be disclosed by Canada to Ontario

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

  1. establishing and verifying if the individual qualifies as an EI client who is not an active EI claimant (in other words, who qualifies as a former EI claimant) and is therefore eligible for, or entitled to, assistance under Ontario 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 - explanatory messages
    • Provincial/Territorial Parental Benefits, if applicable, with explanatory messages
    • identification if on an intervention, with explanatory messages; and
  2. determining the nature and level of financial assistance to be provided to an individual who has been determined to be an active EI claimant who is eligible for, or entitled to, assistance under Ontario 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 Ontario an update on any or all of the above information, for use by Ontario in reviewing, as needed, the purpose and amount of the financial assistance provided to the EI recipient by Ontario.

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

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

3.3.1 Based on the quarterly EI client and non-insured participant files (interventions) disclosed by Ontario in section 4.3, the following personal information will be disclosed to Ontario 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 Ontario programs funded with EI Part II monies, as disclosed by Ontario in section 4.3, the following personal information will be disclosed to Ontario for: the review and verification of Canada’s reporting of results in accordance with s.3 of the EI Act; planning, delivery and administration of Ontario programs; and monitoring, assessing, evaluating and reporting about the effectiveness of the assistance provided.  The personal information will be disclosed in two different data sets (by client and intervention):

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

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

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

3.7 Ontario 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 Ontario 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 Ontario 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 purpose 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 Ontario under Ontario programs funded under this Agreement, Canada will disclose to Ontario 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, disclose to Ontario the information listed in section 3.8 about any individual who has received, or is receiving, assistance under Canada’s programs where it reasonably 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 disclose to Ontario, when requested by Ontario, 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 an Ontario program, to assist Ontario in communicating with the client and/or in determining whether any revisions to Ontario financial assistance are required as a result of those amendments:

4.0 Information to be disclosed by Ontario to Canada

4.1 Ontario will disclose to 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 the Ontario programs, for the purposes of establishing and verifying if the individual qualifies as an EI client:

4.2 Ontario will disclose 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 Ontario 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 an Ontario program (for purposes of section 25 of the EI Act):
    • name
    • social insurance number
    • provincial office code
    • intervention type (for example, training, job creation, self-employment)
    • training ID (for training interventions)
    • institution code, if available
    • start week(s)/date(s) of intervention
    • end week(s)/date(s) of intervention
    • intervention break start week/date
    • intervention break end week/date
    • authorization for absence from Canada during intervention, with dates, if applicable
    • agreement/file number
    • apprentice indicator
    • no claimant report code (for apprentices)
    • 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
    • project 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 Ontario to quit their job in order to participate in an Ontario 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 Ontario program, and rationale for any gap of more than two weeks
    • name and signature of designated authority, with date

4.3 Where available, Ontario will disclose to Canada the following personal information under its control:

  1. about each EI client who is participating in Ontario programs, and
  2. for each non-insured participant who is participating in Ontario 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 Ontario under Ontario programs, which Canada is required to do under section 3 of the EI Act and Articles 8 and 10 of this Agreement:

The above information will be updated by Ontario on a monthly basis, or (for periodic evaluations) upon request when available. These numbers will be subject to adjustment within two months of the end of fiscal year.

4.4 For the purpose 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 Ontario programs funded under this Agreement, Ontario will disclose to Canada upon written request on a per individual basis, any or all of the following personal information under its control about an individual:

4.5 Ontario may also, on its own initiative, disclose to Canada the information listed in section 4.4 about any individual who has received, or is receiving, assistance under Ontario 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.

4.6 Following amendments to the EI Act, Ontario will disclose 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 an Ontario 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 Ontario in communicating with the client and/or in determining whether any revisions to Ontario’s financial assistance are required:

4.7 Ontario will provide to Canada the following personal information under its control on the results of Ontario’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 an Ontario employee to access Canada’s systems and personal information held by Canada, Ontario 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, Ontario 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 Ontario will conduct PSSC of their employees and contractor’s employees based on standards similar or equivalent to those of the Government of Canada. Ontario PSSC will include a nation-wide criminal records check. Once Ontario has completed the PSSC for its own or a contractor’s employees, Ontario will retain a copy of the PSSC and the individual’s signed written consent to initiate the PSSC.

5.5 Ontario 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. Ontario will retain, and upon request will provide to Canada, the following personal and non-personal information under its control for each Ontario 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. Ontario will conduct a new Personnel Security Screening Check for their Authorized Users at least every 10 years (or more frequently, if required under Ontario’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 Ontario will promptly inform Canada when an Ontario 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 Ontario agree to enter into a separate service level agreement outlining systems requirements.

7.2 Unless otherwise specified in this Annex, personal Information and reports covered by this Annex will be provided by each party in a mutually agreed format, frequency and manner.

7.3 Canada and Ontario 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 Ontario may request improvements to Canada’s applications used by Ontario. 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 Ontario, 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 Ontario 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 Ontario 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 Ontario 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 disclosed; and
  2. disclose that information to any person or body for a purpose other than that for which it was disclosed.

8.3 Canada and Ontario may each use personal information obtained from the 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 legislations 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 Ontario 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 by legislation or permitted by the Party’s privacy legislation.

8.5 Unless otherwise required by law, permitted by the Party’s privacy legislation, 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 center (servers) and network services.

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

8.6 Ontario 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 this Act.

8.7 In the event of a request under Canada’s Access to Information Act or Privacy Act for personal information obtained from Ontario under this Annex, Canada agrees to consult, when required, with Ontario prior to any disclosure of such information. In the event of a request under Ontario’s FIPPA, for information obtained from Canada under this Annex, Ontario 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, 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 Ontario, the Ontario Freedom of Information and Protection of Privacy Act, the Archives and Recordkeeping Act, 2006, SO 2006, c. 34, Sch. A and any related provincial and departmental directives, policies, protocols 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 Party conducting the PIA or TRA 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 a PIA or TRA, the Parties agree to work together to address the issues.

10.3.2 When an issue cannot be resolved to the satisfaction of the other Party, it shall be referred to the Designated Officials, under section 21.2 of the 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, protection, 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. The Parties will make their best efforts to conduct such an audit every five years.

10.4.2 The Parties will consider the management of information exchanged under this Annex in the development of their respective annual risk-based audit plans. The Parties may also conduct other information management audits on an ad hoc basis, in response to an identified need.

10.4.3 Where deficiencies in a Party’s information management practices affecting compliance with the requirements of section 10.1 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 disclosed 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 Ontario’s FIPPA, personal information (as defined therein) in Ontario’s custody or under Ontario’s control may only be stored or accessed in Canada.

12.2 Canada and Ontario will cooperate to ensure that the provisions of Ontario’s FIPPA 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 privacy breach or security incident, the party responsible shall:

  1. take immediate and reasonable steps to contain or limit the privacy breach and/or security incident, 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;
  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 in the event of a privacy breach;
  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 the privacy breach and/or security incident 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 under paragraph A.1 of a privacy breach and/or security incident, the party so notified may take any or all of the following steps:

  1. review the steps proposed by the other party to address the current situation or prevent a recurrence;
  2. request that the other party take specific steps to address the current situation or prevent a recurrence; and
  3. 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 Canada

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 Ontario

Freedom of Information Coordinator
Ministry of Advanced Education and Skills Development
Mowat Block 21st Flr,
900 Bay St, Toronto
ON M7A 1L2

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