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Canada - Manitoba Workforce Development Agreement

Information for reference

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

Between

The Government of Canada (hereinafter referred to as “Canada”), as represented by the Minister of Labour styled as the Minister of Employment, Workforce Development and Labour;

And

The Government of Manitoba (hereinafter referred to as “Manitoba”), as represented by the Minister of Education and Training;

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

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

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

Whereas Canada and Manitoba had previously entered into labour market transfer agreements entitled the Canada-Manitoba Labour Market Agreement for Persons with Disabilities, the Canada-Manitoba Job Fund Agreement, and the Canada-Manitoba Agreement on Targeted Initiative for Older Workers;

Whereas Canada announced in Budget 2016 a commitment to conduct broad-based stakeholder consultations with provinces, territories and stakeholders to identify ways to improve these agreements and guide future investments to strengthen labour market programming;

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

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

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

Whereas Canada has agreed to support employment and training programs in Manitoba by providing funding to Manitoba under this Agreement towards the costs of programs that support their shared objectives outlined in this Agreement;

Whereas Canada and Manitoba agree that Manitoba has primary responsibility for the design and delivery of the employment and training programs funded under this Agreement;

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

Whereas Canada and Manitoba agree to ensure continued support for improving the employment outcomes of persons with disabilities;

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

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

Whereas Canada and Manitoba agree to a shared commitment to transparency and accountability to Canadians with regards to the use of funding and the public reporting of outcomes under this Agreement and to demonstrate results to inform program and policy development;

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

Whereas Canada is authorized to enter into this Agreement pursuant to sections 7 and 10 of Canada's Department of Employment and Social Development Act;

Whereas Manitoba’s Minister of Education and Training is authorized to enter into this Agreement on behalf of Manitoba pursuant to subsection 6(1) of The Labour Administration Act (Manitoba);

Accordingly, Canada and Manitoba agree as follows:

Interpretation

1. In this Agreement, unless the context requires otherwise,

“Agreement” means this Workforce Development Agreement and all annexes, as may be amended from time to time pursuant to section 39;

“Annual Plan” means the annual plan for a Fiscal Year developed by Manitoba under subsection 25(2);

“Annual Report” means the annual report for a Fiscal Year developed by Manitoba under section 29;

“Canada-Manitoba Job Fund Agreement” (CJF) means the Canada-Manitoba Job Fund Agreement entered into between Canada and Manitoba on April 23, 2014;

“Canada-Manitoba Labour Market Agreement for Persons with Disabilities” (LMAPD) means the Canada-Manitoba Labour Market Agreement for Persons with Disabilities entered into between Canada and Manitoba on April 28, 2014;

“Designated Officials” means, for Canada, the Senior Assistant Deputy Minister, Skills and Employment Branch, Department of Employment and Social Development, or such other official of Canada as may be designated by the Minister of Employment and Social Development by notice in writing to Manitoba, and for Manitoba, the Assistant Deputy Minister, Post-Secondary Education and Workforce Development, or such other official of Manitoba as may be designated by the Minister of Education and Training by notice in writing to Canada;

“Effective Date” means the date specified in section 33;

“Eligible Beneficiaries” means the beneficiaries described in section 8;

“Eligible Costs” means the Program Costs and Program Administration Costs incurred by Manitoba in providing assistance to Eligible Beneficiaries under its Eligible Programs during the Period of the Agreement;

“Eligible Programs” means the employment and training programs of Manitoba described in section 7;

“Fiscal Year” means the period commencing April 1 of a calendar year and ending March 31 of the following calendar year;

“Health-related Expenses” means any costs of measures or services that are primarily oriented toward medical treatment with a goal of enhancing employability, which includes treatment of substance abuse and addiction, personal support services and devices;

“Indigenous peoples” means in this Agreement, Aboriginal peoples of Canada, as defined in subsection 35(2) of the Constitution Act, 1982;

“Joint Committee” means the Workforce Development Committee established under section 31;

“Parties” means Canada and Manitoba;

“Period of the Agreement” means the period specified in section 33;

“Program Administration Costs” means the direct and indirect internal operating costs incurred by Manitoba in developing and administering the Eligible Programs;

“Program Costs” means

  • a) The costs of financial assistance provided by Manitoba under its Eligible Programs, either directly to, or on behalf of, Eligible Beneficiaries;
  • b) The costs incurred by Manitoba in relation to the direct provision of assistance to Eligible Beneficiaries by Manitoba under its Eligible Programs; and
  • c) The costs of financial assistance or other payments provided by Manitoba under its Eligible Programs to third party service providers or delivery agents either as reimbursement for costs incurred by them, or as payment for services rendered by them in relation to the provision of assistance to Eligible Beneficiaries under its Eligible Programs as described in section 7;

but does not include

  • i) Basic income support unless payments are linked to active participation in an Eligible Program;
  • ii) The costs of financial assistance to public or private training institutions for training infrastructure costs or curriculum development costs unless these costs are directly related to the delivery of Eligible Programs;
  • iii) Health-related Expenses above 25% of the total amount spent by Manitoba toward Program Costs under Eligible Programs for employment programs and training supports for persons with disabilities in accordance with sections 12 and 13;
  • iv) Any costs incurred in the provision of services in respect of a disability which is the result of an injury for which benefits are the responsibility of third parties such as insurance companies or Workers’ Compensation Boards; and
  • v) Any costs incurred by Manitoba and reimbursed by Canada under any other agreement between Canada and Manitoba or pursuant to any other federal program or federal legislation.

Purpose of agreement

2. The purpose of this Agreement is to set out:

  • a) The shared vision, objectives and principles of this Agreement;
  • b) The areas of focus for investment under the Eligible Programs;
  • c) The roles and responsibilities of the Parties under this Agreement;
  • d) The Eligible Programs and costs for which the funding provided by Canada to Manitoba under this Agreement may be used under this Agreement;
  • e) The amount of funding to be provided by Canada to Manitoba each Fiscal Year during the Period of the Agreement;
  • f) The accountability framework for the funding to be provided by Canada to Manitoba each Fiscal Year during the Period of the Agreement; and
  • g) The communication protocols for this Agreement.

Vision, objectives and principles

3. Canada and Manitoba share a common vision that the employment and training needs of Canada’s labour markets are best supported through a flexible, integrated, client-centred, outcomes-driven, employment and training model for Manitoba that responds to the evolving needs of individuals, employers, and communities.

4. (1) The goal of this Agreement is to support the development of Manitoba’s labour market and assist Canadians to achieve sustainable employment.

(2) The parties will pursue the following objectives in order to achieve the goal of this Agreement:

  • a) Foster inclusive labour market participation: Help individuals access labour market opportunities and support successful integration of those facing obstacles to finding and maintaining employment;
  • b) 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
  • c) 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.

(3) Canada and Manitoba agree to the principles of this Agreement as set out below:

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

Roles and responsibilities

5. (1) Canada and Manitoba agree that Manitoba has the primary responsibility for the design and delivery of labour market programs in Manitoba under this Agreement based on Manitoba labour market needs and priorities.

(2) Canada and Manitoba agree that program administration and management of this Agreement will be structured to minimize the administrative burden for Eligible Beneficiaries.

Areas of focus

6. (1) Manitoba agrees to provide employment and training supports to Eligible Beneficiaries to improve their ability to perform their current job, prepare for a new job, enhance their labour market participation, develop the skills needed to find, keep, and advance in employment, and to improve their labour market outcomes, and develop their workforce.

(2) Canada and Manitoba agree that to support flexibility in programming, the Eligible Programs of Manitoba funded under this Agreement will fall within any of the following areas of focus:

  • a) Employment preparation: Increase the ability of Manitobans to prepare for and transition to employment;
  • b) Training: Improve levels of literacy, language, essential, work-related, and technical skills for all Manitobans; and support reskilling and upskilling for the unemployed, employed and underemployed, including those with precarious employment;
  • c) Supports: Provide continuum of needs-based services to maximize the potential impact of training; and continue to support persons with disabilities and those further from the labour market to enter and stay in the labour market;
  • d) Employment partnerships: Work with employers and other stakeholders to promote awareness and expand the availability, accessibility and quality of employment and training opportunities; and
  • e) Building knowledge: Inform priorities with labour market information to better meet skills needs and market demand; enhance the knowledge base to support continuous improvement of labour market policies and programs; and support new and innovative approaches to meet the diverse needs of clients, including individuals from underrepresented groups.

Eligible programs

7. Manitoba agrees that the Eligible Programs will fall within the areas of focus set out in section 6 and may include, but are not limited to, those that support the following activities:

  • a) Skills training, ranging from basic skills such as literacy and numeracy to more advanced skills training;
  • b) On-the-job training and workplace-based skills upgrading;
  • c) Job readiness assistance;
  • d) Financial assistance and benefits such as grants and living allowances related to the delivery of an Eligible Program;
  • e) Employment counselling and services;
  • f) Labour market connections such as services that facilitate matching supply and demand;
  • g) Employment opportunities or experiential learning and development on the job;
  • h) Employer-sponsored training; and
  • i) Research and innovation activities.

Eligible beneficiaries

8. Manitoba agrees to use the funding provided under this Agreement to provide assistance under its Eligible Programs to:

  • a) Canadian citizens;
  • b) Permanent residents;
  • c) Protected persons within the meaning of the Immigration and Refugee Protection Act (Canada) entitled to work in Canada; and
  • d) Employers with the exception of federal, provincial and territorial governments, and federal crown corporations and agencies.

9. Canada and Manitoba agree that while Eligible Beneficiaries include Indigenous peoples, Canada will continue to provide its own labour market programs for Indigenous peoples. Canada and Manitoba agree, through the Joint Committee, to coordinate the delivery of their respective programs for Indigenous peoples.

10. Manitoba agrees not to place a Manitoba minimum residency requirement on individuals seeking assistance under the Eligible Programs being funded under this Agreement.

Financial provisions

Canada’s maximum annual contribution in respect of eligible costs (both program costs and program administration costs)

11. (1) Subject to the terms and conditions of this Agreement, in each Fiscal Year during the Period of the Agreement, Canada agrees to make a contribution to Manitoba towards the Eligible Costs incurred by Manitoba in that Fiscal Year not exceeding the amount rounded to the nearest thousand, determined by the following formula:

  • F x K/L
  • Where F is:
    • a) In Fiscal Year 2017-2018 $495,500,000;
    • b) In Fiscal Year 2018-2019 $495,500,000;
    • c) In Fiscal Year 2019-2020 $605,501,000;
    • d) In Fiscal Year 2020-2021 and subsequent Fiscal Years $715,502,000;
  • K is the total population of the Province of Manitoba in the Fiscal Year; and
  • L is the total population of all provinces in the Fiscal Year.

(2) Subject to the terms and conditions of this Agreement, in each Fiscal Year from 2017-2018 to 2019-2020, Canada agrees to increase the contribution payable under subsection (1) towards the Eligible Costs incurred by Manitoba in that Fiscal Year by an amount not exceeding:

  • a) In Fiscal Year 2017-2018 $ 9,472,296;
  • b) In Fiscal Year 2018-2019 $ 9,472,296;
  • c) In Fiscal Year 2019-2020 $ 4,736,148;

(3) Subject to the terms and conditions of this Agreement, in each Fiscal Year from 2017-2018 to 2022-2023, Canada agrees to increase the contribution payable under subsections (1) and (2) towards the Eligible Costs incurred by Manitoba in that Fiscal Year of an amount not exceeding the amount, rounded to the nearest thousand, determined by the following formula:

  • G x K/L
  • Where G is:
    • a) In Fiscal Year 2017-2018 $50,541,000;
    • b) In Fiscal Year 2018-2019 $50,541,000;
    • c) In Fiscal Year 2019-2020 $136,758,000;
    • d) In Fiscal Year 2020-2021 $198,200,000;
    • e) In Fiscal Year 2021-2022 $198,200,000;
    • f) In Fiscal Year 2022-2023 $198,200,000.
  • K is the total population of the Province of Manitoba in the Fiscal Year
  • L is the total population of all provinces in the Fiscal Year

(4) For the purposes of the calculations of the contributions payable by Canada in each Fiscal Year pursuant to subsections (1) and (3), the population of the Province of Manitoba for each Fiscal Year and the total population of all provinces for that Fiscal Year are the respective populations as determined on the basis of the quarterly preliminary estimates on July 1 of that Fiscal Year released in September of that Fiscal Year by Statistics Canada.

(5) Based on Statistics Canada’s quarterly estimates of the respective populations on July 1, 2017, Canada's maximum contribution to Manitoba in Fiscal Year 2017-2018 is $29,442,783.

(6) For Fiscal Year 2018-2019 and each subsequent Fiscal Year during the Period of the Agreement, Canada will notify Manitoba at the beginning of the Fiscal Year of the notional total amount of its maximum contribution payable in that Fiscal Year as determined under this section. The notional amount will be based on the Statistics Canada quarterly preliminary population estimates on July 1 of the preceding Fiscal Year. Canada will notify Manitoba of the actual amount of its maximum contribution amount in each of those Fiscal Years, as determined under this section, as soon as possible following the release in September of each year of Statistics Canada’s quarterly preliminary population estimates referred to in subsection (4).

Manitoba allocation toward persons with disabilities

12. In each Fiscal Year during the Period of the Agreement, Manitoba must allocate and use toward Program Costs for employment and training supports for persons with disabilities an amount equal to:

  • a) $8,068,474; plus
  • b) For each of Fiscal Years 2017-2018 to 2022-2023, an additional amount that is equal to the amount determined by the following formula:
  • A x (B/C – 1)
  • Where:
  • A is equal to the amount referred to in subsection (a);
  • B is the total amount of the contribution paid or payable to Manitoba for a Fiscal Year under section 11; and
  • C is $ 27,580,633.

13. In each Fiscal Year during the Period of the Agreement, Manitoba agrees to contribute an amount equal to the amount allocated under subsection 12 a) towards Program Costs for employment programs and training supports for persons with disabilities from Manitoba’s own revenues. For greater certainty, Manitoba agrees that it shall not use any funds provided to it by Canada under any other Employment and Social Development Canada Labour Market Program to pay for its share of the costs under this section.

Maximum annual contribution in respect of program administration costs

14. Canada’s contribution in respect of Manitoba’s Program Administration Costs incurred in each Fiscal Year shall not exceed:

  • a) In Fiscal Years 2018-2019 and 2019-2020 an amount equal to 15 percent (15%) of the maximum contribution payable by Canada under section 11 in those Fiscal Years;
  • b) In Fiscal Years 2017-2018 and 2020-2021 to 2022-2023 an amount equal to 10 percent (10%) of the maximum contribution payable by Canada under section 11 in those Fiscal Years.

Carry forward

15. (1) At the request of Manitoba, and subject to subsection (3) Manitoba may retain and carry forward to the next Fiscal Year, an amount representing the lesser of:

  • i) five percent (5%) of the total amount of the contribution paid or payable to Manitoba for a Fiscal Year under section 11; and
  • ii) the amount of contribution paid or payable to Manitoba for that Fiscal Year under section 11 that is in excess of the amount of Eligible Costs actually incurred by Manitoba in that same Fiscal Year.

(2) All amounts carried forward to the next Fiscal Year pursuant to subsection (1) must be spent by the end of that Fiscal Year. Manitoba is not entitled to retain any such carried forward amounts unexpended after the end of the next Fiscal Year nor is it entitled to retain any balance of Canada’s contribution paid or payable pursuant to section 11 that remains unexpended upon termination of the Agreement. Such amounts will be considered debts due to Canada and shall be repaid in accordance with section 20.

(3) Manitoba shall not carry forward to the next Fiscal Year an amount of Canada’s contribution that Manitoba is required to allocate and use towards Program Costs for employment and training support for persons with disabilities under section 12.

Payment subject to appropriation

16. Any payment by Canada under this Agreement is subject to there being an appropriation of funds by the Parliament of Canada and to the maintenance of current and forecasted funding levels for the Workforce Development Agreements for the Fiscal Year in which the payment is to be made. In the event that Canada’s Treasury Board reduces the level of funding for the Workforce Development Agreements for any Fiscal Year in which payment is to be made under this Agreement or in the event Parliament reduces the overall level of funding for the programs of Canada’s Department of Employment and Social Development for the Fiscal Year in which payment is to be made, Canada may reduce the amount of its contribution payable under this Agreement in that Fiscal Year by such amount that it considers appropriate.

Terms of payment

17. (1) Canada will make payments of its annual contribution as determined under section 11 in two installments each Fiscal Year. The first installment will be paid on or about June 1 of each Fiscal Year and the second installment will be paid on or about November 15 of each Fiscal Year.

(2) The amount of the first installment in each Fiscal Year during the Period of the Agreement will be equal to fifty percent (50%) of the notional amount of the maximum contribution payable by Canada to Manitoba under section 11 for that Fiscal Year.

(3)The amount of the second installment in each Fiscal Year during the Period of the Agreement will be an amount equal to the balance of Canada’s maximum contribution to Manitoba for the Fiscal Year based on the amount of the contribution determined under section 11 for the Fiscal Year.

18. Canada will make payment of its first installment for the Fiscal Year following the receipt of Manitoba’s Annual Plan in respect of that Fiscal Year in accordance with subsection 25(2).

19. Canada will make payment of its second installment for the Fiscal Year following the receipt of Manitoba’s annual audited statement of revenues and expenses and Annual Report for the previous Fiscal Year in accordance with sections 26 and 29.

Repayment of overpayment

20. Manitoba shall repay to Canada any amounts paid to Manitoba in excess of the amount to which Manitoba is entitled under this Agreement. Such an amount is a debt due to Canada and shall be repaid promptly to Canada upon receipt of notice to repay and within the period specified in the notice.

21. If an audited statement of revenues and expenses demonstrates that for a Fiscal Year Manitoba failed to allocate and use the portion of Canada’s contribution in the amount specified under section 12, or to contribute an amount from Manitoba’s own revenues in accordance with section 13, the following amounts constitute an overpayment and will be considered a debt due to Canada, and may be recovered as such:

  • i) the difference between the amount of Canada’s contribution under section 12 and the actual amount allocated and used; and
  • ii) the difference between the actual amount of Canada’s contribution allocated and used under section 12 a) and the actual amount of Manitoba’s contribution for the purpose of section 13.

Canada shall, in addition to any other remedies available, have the right to recover the debt by deducting or setting-off the amount of the debt from any future contribution payable to Manitoba under this Agreement.

Official languages

22. In developing and delivering its Eligible Programs, Manitoba agrees to take into account the needs of official language minority communities in Manitoba.

23. Manitoba also agrees to ensure that where there is a significant demand for services or for assistance provided under the Eligible Programs in either official language, Eligible Beneficiaries can obtain such services or assistance in either official language. Manitoba agrees to ensure services provided under the Eligible Programs are actively offered in both official languages in the designated areas under Manitoba’s French Language Services Policy and the Bilingual Service Centres Act where the Francophone population is concentrated and, to the extent possible, to all Francophones in Manitoba in compliance with section 11(2)(e) of the Francophone Community Enhancement and Support Act, which requires all public bodies to “enhance the vitality of Manitoba’s Francophone community and to support and assist in its development”.

Accountability framework

24. Canada and Manitoba agree to an Accountability Framework for the funding provided under this Agreement consisting of the following components:

  • i) planning;
  • ii) financial reporting;
  • iii) performance measurement;
  • iv) reporting; and
  • v) evaluation.

Planning

25. (1) Canada and Manitoba recognize the importance of reporting on annual priorities and the results of consultations with various stakeholders.

(2) For each Fiscal Year during the Period of this Agreement, Manitoba agrees to share with Canada on or about February 15, an Annual Plan, which describes:

  • a) An environmental scan that provides a profile of the current labour market issues, challenges, and opportunities in Manitoba;
  • b) A description of planned programs, projected expenditures and expected results of the Eligible Programs that Manitoba intends to fund under this Agreement;
  • c) A description of the types of Eligible Beneficiaries being targeted by Manitoba under this Agreement;
  • d) A description of the consultation process referred to in subsection (3) including a list of official language minority community stakeholders consulted and the main themes coming from the consultation;
  • e) A description of the areas of focus for planned programs for the Fiscal Year, as identified in section 6.

(3) In developing each Annual Plan referred to in subsection (2), Manitoba agrees to consult with stakeholders, including organizations representing both employers and employees, stakeholders from the disability community, official language minority communities in Manitoba, and other priority stakeholders.

Financial reporting

26. (1) By no later than September 1, following the end of each Fiscal Year during the Period of the Agreement, Manitoba shall provide Canada with an audited statement of revenues and expenses presenting the contribution paid or payable to Manitoba in the previous Fiscal Year under section 11, and expenses relating to the Eligible Costs incurred by Manitoba in relation to the Eligible Programs.

(2) The audited statement of revenues and expenses referred to in subsection (1) shall show:

  • a) Program Costs incurred during the Fiscal Year, disaggregated by specific programming and initiatives funded under this Agreement;
  • b) The total amount of Canada’s contribution allocated and used toward Program Costs for employment programs and training supports under its Eligible Programs for persons with disabilities during the Fiscal Year;
  • c) The total amount of Manitoba spending on Program Costs for employment programs and training supports under Eligible Programs for persons with disabilities during the Fiscal Year;
  • d) The amount of Health-related Expenses incurred as Program Costs during the Fiscal Year;
  • e) Program Administration Costs incurred during the Fiscal Year; and
  • f) All amounts carried forward in accordance with section 15 of this Agreement.

(3) In the event of an over contribution in the previous Fiscal Year, the audited statement of revenues and expenses referred to in subsection (1) shall show the contributions paid to Manitoba in the previous Fiscal Year under section 11 excluding the previous Fiscal Year’s over contribution.

(4) An audit of the statement of revenues and expenses shall be performed by Manitoba’s Auditor-General or his or her designate, or by an independent public accounting firm registered under the laws of Manitoba and shall be conducted in accordance with Canadian Generally Accepted Auditing Standards.

Performance measurement

27. (1) In order to measure the performance of the Eligible Programs, Manitoba agrees to collect and compile the information in accordance with Annex 1 to this Agreement entitled “Performance Measurement Strategy”.

(2) Manitoba agrees to share with Canada the information referred to in subsection (1) in accordance with the timelines set out in Annex 1 to this Agreement. The information shall be provided in the format and manner decided jointly by the Parties.

(3) For the purpose of subsection (1), Manitoba also agrees to collect the client-level information set out in Annex 2 of this Agreement entitled “Information Sharing Arrangements”, and disclose that information to Canada for the purposes and in the format and manner set out in that Annex.

Annual reporting

28. Canada and Manitoba recognize the importance of reporting to the public on results achieved under this Agreement. Within 365 days of the end of each Fiscal Year during the Period of the Agreement, Manitoba agrees to report to the people of Manitoba on the results and expenditures of the Eligible Programs achieved for the Fiscal Year. The report shall show separately the results attributable to the funding provided by Canada under this Agreement.

29. By no later than October 1 following the end of each Fiscal Year during the Period of the Agreement, Manitoba agrees to share with Canada an Annual Report describing the results of the contributions made under this Agreement, and the results of the Eligible Programs achieved in the Fiscal Year based on the requirements set out in Annex 1 to this Agreement entitled “Performance Measurement Strategy”.

Evaluation

30. (1) Canada and Manitoba agree to jointly undertake an evaluation of the outcomes, impact and effectiveness of the Eligible Programs and the funding provided in relation thereto under this Agreement. The evaluation shall cover the period from April 1, 2017 to March 31, 2021 and shall be completed by March 31, 2022.

(2) Canada and Manitoba agree to carry out the joint evaluation as follows:

  • a) Establish a Bilateral and Multilateral Steering Committee to prepare and finalize an evaluation framework that adheres to commonly accepted evaluation practices and methodologies;
  • b) Work collaboratively to carry out the evaluation;
  • c) Oversee the conduct of the evaluation according to the plan laid out in the evaluation framework;
  • d) Produce a final copy of the evaluation report by no later than March 31, 2022.

(3) Manitoba will be responsible for providing data as agreed upon in the Performance Measurement Strategy and evaluation framework.

(4) The cost of the joint evaluation will be covered by Canada.

Joint committee

31. (1) Canada and Manitoba agree to establish a bilateral Canada- Manitoba Joint Committee to be known as the Workforce Development Committee.

(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.

(3) The Assistant Deputy Minister, Western Canada and Territories Region, Service Canada will be represented on the Workforce Development Committee.

(4) The role of the Workforce Development Committee with respect to this Agreement includes but is not limited to:

  • a) Administration and management of this Agreement, including providing a forum for the exchange of information on annual planning priorities and reporting and discussions related to the implementation of this Agreement;
  • b) Exchanging information on regional or local labour market challenges and priorities, broader developments in the labour market, bilateral issues that may fall outside of the parameters of this Agreement, the results of engagement with other relevant stakeholders, including official language minority communities;
  • c) Providing a forum to exchange information on best practices and share information on innovative labour market programs and policies;
  • d) Providing a forum for discussing regional issues and ways to better coordinate the delivery of federal and Manitoba programs, including programs for Indigenous peoples, youth, and persons with disabilities.

Public acknowledgement of federal funding

32. (1) Canada and Manitoba recognize the importance of ensuring that the public is informed of Canada’s financial contributions to Manitoba’s Eligible Programs.

(2) Canada and Manitoba agree to participate in a joint announcement upon signing of this Agreement.

(3) Manitoba agrees to acknowledge Canada’s contribution by including federal identification in all public communications and marketing products, promotional material and advertising for Eligible Programs under this Agreement.

(4) Canada and Manitoba agree to work together to identify opportunities for joint announcements relating to programs funded under this Agreement.

(5) Canada and Manitoba agree to give the other Party reasonable advance notice and advance copies of public communications, marketing and advertising products specific to programs funded under this Agreement.

Effective date and period of the agreement

33. This Agreement shall come into effect when it is signed by both Parties and will remain in force until terminated in accordance with section 35.

Dispute resolution

34. (1) Canada and Manitoba are committed to working together and avoiding disputes through government-to-government information exchange, advance notice, early consultation, and discussion, clarification and resolution of issues, as they arise.

(2) If at any time either Canada or Manitoba is of the opinion that the other Party has failed to comply with any of its obligations or undertakings under this Agreement or is in breach of any term or condition of the Agreement, Canada or Manitoba, as the case may be, shall notify the other Party of the failure or breach. Upon such notice, Canada and Manitoba will endeavour to resolve the issue in dispute through their Designated Officials.

(3) If the dispute referred to in subsection (2) cannot be resolved by Designated Officials, then the dispute will be referred to the Deputy Minister of Employment and Social Development and the Deputy Minister of Education and Training, and if it cannot be resolved by them, then Canada’s Minister of Labour styled as the Minister of Employment, Workforce Development and Labour and Manitoba’s Minister of Education and Training shall endeavor to resolve the dispute.

Termination

35. Either Canada or Manitoba may terminate this Agreement at any time by giving two Fiscal Years’ written notice of its intention to terminate.

36. Notwithstanding the termination of this Agreement, the obligations of Manitoba under sections 20, 21, 26 and 29 of this Agreement and the provisions for the security, confidentiality and integrity of information shared under Annex 2 hereto shall survive any termination and shall remain in force until they are satisfied or by their nature expire.

37. Upon termination of this Agreement under section 35, Canada shall have no obligation to make any further payment to Manitoba in respect of its Eligible Costs incurred after the date of termination.

Equality of treatment

38. (1) During the Period of the Agreement, if another province or territory negotiates a Workforce Development Agreement with Canada, or an amendment to such an agreement and, if any provision of that agreement or amending agreement is more favourable to that province or territory than what was negotiated with Manitoba, Canada agrees to amend this Agreement in order to afford Manitoba the same treatment, if requested by Manitoba. This amendment shall be retroactive to the date on which the Workforce Development Agreement or the amendment to such an agreement with the other province or territory, as the case may be, comes into force.

(2) Canada will make up-to-date Workforce Development Agreements entered into with all provinces and territories, including any amendments, available to the public by posting them on a Government of Canada website.

Amendments

39. (1) This Agreement may be amended at any time by mutual consent of the Parties. To be valid, any amendment shall be in writing and, subject to subsection (2), signed, in the case of Canada, by Canada's Minister of Labour styled as the Minister of Employment, Workforce Development and Labour, and in the case of Manitoba, by Manitoba’s Minister of Education and Training.

(2) An amendment to any of the Annexes to this Agreement may be made by the written agreement of the Designated Officials of the Parties.

Transitional arrangements

40. This Agreement replaces the Canada-Manitoba Job Fund Agreement and the Canada- Manitoba Labour Market Agreement for Persons with Disabilities as of the Effective Date. On that date these agreements are revoked.

Annual plan

41. In the event that annual planning information under the Canada-Manitoba Job Fund Agreement has not been provided for Fiscal Year 2017-2018 prior to the Effective Date of this Agreement, Canada shall withhold a portion of its contribution payable to Manitoba for the Fiscal Year under this Agreement, until such time as that information is provided to Canada.

Funding

42. In the event the Effective Date of this Agreement is on a date that is later than the dates in respect of the Fiscal Year 2017-2018 on which a payment is payable to Manitoba under the Canada-Manitoba Job Fund Agreement or the Canada-Manitoba Labour Market Agreement for Persons with Disabilities, the amount of Canada’s contribution under section 11 of this Agreement in respect of the Fiscal Year 2017-2018 will be reduced by any amount already paid to Manitoba under the Canada-Manitoba Job Fund Agreement and the Canada-Manitoba Labour Market Agreement for Persons with Disabilities in respect of that Fiscal Year. The reduction will be applied to the payment of the first installment of the contribution payable for the Fiscal Year under section 11 and then, if necessary, to the second installment. For greater certainty, for the purpose of section 15 of this Agreement, amounts paid under the Canada-Manitoba Job Fund Agreement and the Canada-Manitoba Labour Market Agreement for Persons with Disabilities for Fiscal Year 2017-2018 are deemed to have been paid to Manitoba under section 11 of the Agreement.

Financial reporting

43. Manitoba shall provide its annual audited financial statement for the Fiscal Year 2016-2017 in accordance with the terms of the Canada- Manitoba Job Fund Agreement and shall provide its annual audited Statement of Expenditures for the Fiscal Year 2016-2017 in accordance with the terms of the Canada-Manitoba Labour Market Agreement for Persons with Disabilities.

44. Canada will make payment of the second installment of its annual contribution under this Agreement for Fiscal Year 2017-2018 following the receipt of Manitoba’s audited financial statement in respect of Fiscal Year 2016-2017 under the Canada-Manitoba Job Fund Agreement.

45. Canada will make payment of the first installment of its annual contribution under this Agreement for Fiscal Year 2018-2019 following the receipt of Manitoba’s audited Statement of Expenditures in respect of Fiscal Year 2016-2017 under the Canada- Manitoba Labour Market Agreement for Persons with Disabilities.

46. The audited statement of revenues and expenses required to be provided by Manitoba under section 26 of this Agreement in respect of Fiscal Year 2017-2018 shall include the revenues payable by Canada to Manitoba for the Fiscal Year under this Agreement as well as, where applicable, under the Canada- Manitoba Job Fund Agreement and the Canada- Manitoba Labour Market Agreement for Persons with Disabilities. They are to also include the expenses relating to the Eligible Costs incurred by Manitoba during the Fiscal Year in relation to the Eligible Programs under this Agreement as well as, where applicable, expenditures relating to Eligible Costs incurred by Manitoba under the Canada- Manitoba Job Fund Agreement and the Canada-Manitoba Labour Market Agreement for Persons with Disabilities.

Performance reporting

47. Manitoba shall provide its annual report for the Fiscal Year 2016-2017 in accordance with the terms of the Canada- Manitoba Job Fund Agreement and the Canada- Manitoba Labour Market Agreement for Persons with Disabilities.

48. Until such time as the reporting requirements as per Annex 1 entitled “Performance Measurement Strategy” are fully implemented, Manitoba shall continue to report in accordance with the terms of the Canada-Manitoba Job Fund Agreement and the Canada- Manitoba Labour Market Agreement for Persons with Disabilities or according to interim reporting requirements as mutually agreed upon and accepted by both Parties.

Evaluation

49. Evaluation costs incurred in Fiscal Year 2017-2018 under the Canada- Manitoba Job Fund Agreement shall be considered Eligible Costs under this Agreement.

50. Manitoba will perform the Evaluation requirement of the Canada- Manitoba Labour Market Agreement for Persons with Disabilities in accordance with the provision of the Canada- Manitoba Labour Market Agreement for Persons with Disabilities.

Repayment of overpayment

51. In the event that payments made to Manitoba under the Canada-Manitoba Job Fund Agreement and the Canada-Manitoba Labour Market Agreement for Persons with Disabilities exceed the amount to which Manitoba is entitled under these agreements, the amount of the excess is a debt due to Canada and shall be promptly repaid to Canada upon receipt of notice to do so and within the period specified in the notice.

General

52. This Agreement, including the Annexes, comprise the entire agreement entered into by the Parties with respect to the subject matter hereof.

53. This Agreement shall be interpreted according to the laws of Canada and Manitoba.

Annex 1 - Performance measurement strategy

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

Pursuant to section 27 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 an implementation plan.

Governance

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

  • i) review and assess the implementation and effectiveness of the Performance Measurement Strategy; and
  • ii) identify and propose changes to the Performance Measurement Strategy for approval by Designated Officials.

To plan and carry out evaluation activities for the programs and services funded under this Agreement, the Canada and Manitoba agree to work together through the WDA Evaluation Steering Committee as described in section 30(2) of this Agreement.

Performance measurement

In accordance with section 27(1) of this Agreement Manitoba agrees to collect and compile the performance indicator information set out in this annex. Performance indicator information includes:

  • i) individual level participant information;
  • ii) aggregated individual data;
  • iii) aggregated employer data; and
  • iv) information related to Research and Innovation investments.

Performance indicators

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

  • i) participation of individuals and employers in programs and services;
  • ii) progression of individuals along the continuum to labour market participation;
  • iii) improved workforce capacity of employers/industries;
  • iv) employers/Industries better able to manage labour market challenges;
  • v) employment, increased earnings and positive net impacts for individuals; and
  • vi) sustainable employment of individuals.

Personal information

The nature of the exchange of personal information is detailed in Annex 2, Information Sharing Arrangement.

No personal information will be shared by Manitoba until the Information Sharing Arrangement has come into force.

Reporting

  • i) Reporting to Canada
    1. Annual Report to Canada:
      In accordance with section 29 of this Agreement, the Annual Report will include, but is not limited to:
      1. information on stakeholder engagement, including the outcomes of that engagement;
      2. description of activities undertaken in the Fiscal Year, including outcomes;
      3. aggregate information about individuals;
      4. aggregate information about employers and their participation; and
      5. descriptive information about investments in innovative approaches.
    2. Quarterly reporting to Canada: On a quarterly basis, Manitoba will report to Canada on all performance indicators through data uploads as described in Annex 2 to this Agreement. This includes individual participants’ social insurance numbers.
  • ii) Annual public reporting
    Annually Canada will work collaboratively with Manitoba to produce a national report on the Workforce Development Agreements. Canada will share a preliminary draft annual national report with Manitoba for review and input prior to the publication of the final report.
  • iii) Reporting to Parliament
    Canada will report annually to Parliament on the results of the Workforce Development Agreements through the Departmental Report on Results.

Implementation

Where circumstances prevent full implementation by April 1, 2019, Manitoba will substantially implement the Performance Measurement Strategy by April 1, 2019.

Manitoba will develop and share with Canada a work plan to achieve full implementation of the Performance Measurement Strategy by April 1, 2020.

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

Data sharing

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

  • a) Manitoba level data derived from the EI information;
  • b) Manitoba level data from EI as per the Targeted Referral and Feedback system; and
  • c) Manitoba level data from other sources as they become available.

Annex 2 - Information sharing arrangement

1.0 Purpose

1.1 The purpose of this Annex (the “Arrangement”) to the Canada-Manitoba Workforce Development Agreement (the “Agreement”) is to provide for the disclosure of “information”, including “personal information” as defined in section 3 of the Privacy Act (Canada) and section 1 of The Freedom of Information and Protection of Privacy Act (FIPPA) (Manitoba), “personal health information” as defined in subsection 1(1) of The Personal Health Information Act (PHIA) (Manitoba), and “information” as defined in subsection 30(1) of the Department of Employment and Social Development Act (DESDA), from Manitoba to Canada.

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

2.0 Authorities

Canada’s Authorities:

2.1 Section 7 of DESDA provides the authority for the Minister to establish and implement programs designed to support projects or other activities that contribute to the development of the human resources of Canada and the skills of Canadians, and to make grants and contributions in support of these programs.

With respect to the information to be collected by Canada from Manitoba under section 3.0 of this Information Sharing Arrangement, Canada confirms that it is authorized under the Privacy Act, R.S.C. 1985, c. P-21, to collect such personal information from Manitoba for the purposes set out in sections 27 and 30 of the Agreement.

Pursuant to section 41 of DESDA, the Minister may enter into agreements to obtain information for the administration or enforcement of a program with governments of provinces.

Manitoba’s Authorities:

2.2 Manitoba confirms that it is authorized under sections 44(1)(a), (b), (d), (i), (j), (j.1) and (p) of FIPPA and sections 22(1)(b) and 2(n) of PHIA to disclose such information for the purposes set out in section 3.0. In this regard:

  • (a) the personal information and personal health information described in section 3.0 of this Arrangement consists of information collected by Manitoba from persons who are receiving employment and training programs for which Canada provides funding under the Agreement (“Eligible Programs”);
  • (b) sections 44(1)(a), (b), (d), (i) and (j.1) of FIPPA authorize the disclosure of the personal information described in section 3.0 of this Arrangement: for the purpose for which the information was collected or compiled under subsection 36(1) of FIPPA or for a use consistent with that purpose under section 45 (44(1)(a) FIPPA), or if the individual the information is about has consented to its disclosure (44(1)(b) FIPPA), or for the purpose of complying with an enactment of Canada, or with an agreement entered into under an enactment of Canada (44(1)(d)), to the Government of Canada in order to facilitate the monitoring, evaluation or auditing of shared cost programs or services (44(1)(i) FIPPA), or for the purpose of evaluating or monitoring a service, program or activity of the Government of Manitoba or the public body or research and planning that relates to a service, program or activity of the Government of Manitoba or the public body (44(1)(j.1) FIPPA), and clause 22(1)(b) and (2)(n) of PHIA which authorizes the disclosure of the personal health information described in section 3.0 of this Arrangement if the individual the information is about has consented to the disclosure (22(1)(b)) or for the purpose of complying with an agreement entered into under an enactment of Canada (22(1)(n)); and
  • (c) the personal information and personal health information described in section 3.0 of this Arrangement will be disclosed to Canada only for the purposes described in this Arrangement.

3.0 Information to be provided by Manitoba to Canada

3.1 Manitoba will provide to Canada the following information under its control about each individual who is receiving assistance under Manitoba’s Eligible Programs for the purpose of assisting Canada in monitoring, assessing and, as per sections 27 and 30 of the Agreement, evaluating the effectiveness of the assistance provided by Manitoba, which Canada and Manitoba are required to do:

  • Name
  • Social insurance number
  • Address
  • Date of birth
  • Telephone number
  • Email address
  • Gender
  • Marital status
  • Number of dependants
  • Disability status (as self identified information)
  • Indigenous identity (as self identified information)
  • Immigrant status (as self identified information)
  • Immigration year (as self identified information)
  • Visible minority status (as self identified information)
  • Highest level of education
  • Federal official language of choice
  • Federal official language of service
  • Employment status
  • Precarious employment status
  • Intervention name
  • Intervention code
  • Start date of intervention
  • End date of intervention
  • Intervention outcome
  • Credential/certificate earned
  • National Occupational Classification
  • Start date of action plan
  • End date of action plan
  • Action Plan outcome
  • Action Plan outcome date
  • Increase in literacy and essential skills

The above information will be updated by Manitoba on a quarterly basis, or (for periodic evaluations) upon request when available.

3.2 At the time of collection of any information listed in section 3.1, Manitoba will inform the individual, from whom the information is collected and to whom that information relates, and will obtain their consent for the disclosure by Manitoba to Canada and the collection by Canada from Manitoba for the purpose described in sections 27 and 30 of the Agreement.

4.0 Mode of information exchange

4.1 Unless otherwise specified in this Arrangement, the personal information disclosed by Manitoba to Canada under this Arrangement, will be provided in a mutually agreed upon format, frequency and manner in accordance with sections 27(2) and 27(3) of the Agreement. Manitoba is committed to ensuring that the information that it provides under this Arrangement is reliable and is provided in a timely and secure manner and agrees to work together with Canada in achieving this goal.

4.2 Canada and Manitoba agree to notify each other within a reasonable time of any change affecting communication protocols or methods, data bank access procedures or systems. The Parties agree to participate in compatibility tests when changes are made to such protocols, methods, procedures or systems.

5.0 Confidentiality, use and disclosure

5.1 Canada undertakes to use its best efforts to fully maintain and protect the confidentiality of the information that it collects from Manitoba under this Arrangement.

5.2 Subject to sections 5.3, 5.4, and 5.5 of this Arrangement, Canada shall not, in respect of any information collected from Manitoba under this Arrangement:

  • (a) use that information for a purpose other than that for which it was provided to Canada; and
  • (b) disclose that information to any person or body for a purpose other than that for which it was provided to Canada.

5.3 Canada may use information they obtain from Manitoba under this Arrangement for a purpose other than that for which it was obtained:

  • (a) with the written consent of the individual to whom that information relates;
  • (b) if authorized pursuant to the legislation applicable to Canada and with the written consent of the Party that provided the information; or
  • (c) if required by legislation.

5.4 Canada may disclose information they obtain from Manitoba under this Arrangement to any person or body for any purpose:

  • (a) with the written consent of the individual to whom that information relates;
  • (b) in a form that cannot reasonably be expected to identify the individual to whom that information relates; or
  • (c) if required by legislation.

5.5 Unless otherwise required by legislation or authorized in writing by the other party and subject to section 5.2 of this Arrangement, Canada shall not disclose any information collected from Manitoba under this Arrangement to a third party unless there is a written agreement between Canada and the third party imposing upon the third party obligations that are the same as those imposed upon Canada under this Arrangement with respect to the protection of this information.

  • 5.5.1 For the purpose of section 5.5 of this Arrangement, 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.
  • 5.5.2 For the purpose of section 5.5 of this Arrangement, a “third party” does not include the Department of Finance, responsible for the provision of information technology (IT) infrastructure services to Manitoba that may include e-mail, data center (servers) and network services.

5.6 It is an offence under section 42 of the DESDA 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. An individual found guilty could be subject to a fine of up to $10,000 or to imprisonment for up to six months, or both. Organizations guilty of the same offence could be subject to a fine of up to $100,000. This provision applies to employees of Employment and Social Development Canada as well as third parties to whom the information is disclosed.

5.7 In the event of a request under Canada’s Access to Information Act or Privacy Act for information collected from Manitoba under this Arrangement, Canada agrees to consult, when required, with Manitoba 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.

6.0 Costs

6.1 Costs incurred by a Party in carrying out its obligations under this Arrangement will be the responsibility of that Party.

7.0 Security and information management

7.1 The information disclosed by Manitoba under this Arrangement shall be disclosed by Manitoba in accordance with The Freedom of Information and Protection of Privacy Act (Manitoba) and The Personal Health Information Act (Manitoba), as well as all applicable provincial and departmental policies, protocols, operating directives and guidelines governing the disclosure of the information.

7.2 The information collected by Canada under this Arrangement shall be collected, used, maintained, stored, retained, disclosed, destroyed or disposed of and otherwise administered and protected by Canada in accordance with the Privacy Act, the DESDA, 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,theStandard for Electronic Documents and Records Management Solutions, 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 information.

7.3 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 disclosure of personal information under this Arrangement. 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 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.

8.0 Accuracy of information

8.1 Manitoba shall take all reasonable steps to ensure the completeness and accuracy of the personal information disclosed to Canada under this Arrangement. However, it is understood and agreed that Manitoba cannot guarantee its accuracy and completeness and will, therefore, not be held responsible by Canada for any damage resulting from the transmission or use of any information that is inaccurate or incomplete.

9.0 Security breach

9.1 Provided that a disclosure or a failure to disclose personal information is done in good faith and reasonable care has been taken to comply with the applicable federal or provincial legislation, the Parties do not assume any liability whatsoever for the misuse of the personal information provided to the other under this Arrangement. The security measures in effect with the Parties serve to maintain the integrity and confidentiality of the information disclosed to the other.

9.2 The Parties are each responsible for the actions of their employees and agents or mandataries with respect to the collection, access, use, disclosure, modification, retention, disposal and destruction of the personal information in their custody or under their control.

9.3 The Parties must investigate all cases where they have reasonable grounds to believe that any of the conditions set out in this Arrangement has been or is likely to be breached by them, their employees or agents or mandataries. This includes any case where it is alleged, suspected, or there is evidence that there has been unauthorized collection, access, use, disclosure, modification, retention, disposal or destruction of the personal information disclosed by Manitoba to Canada under this Arrangement, modification of a permitted use, misuse or breach of confidentiality, or any incident which might jeopardize or has jeopardized the security or integrity of their respective computer systems or networks used to access and transmit the personal information, all or any of which are referred to as a Security Breach.

9.4 For Canada, the procedures that must be followed by Canada in an investigation are found in the Departmental Directive on How to Respond to Security Incidents Involving Personal Information, and any successor document. Manitoba will be guided by the Manitoba Ombudsman’s Privacy Breach Resources (Key steps in responding to privacy breaches under FIPPA and PHIA, and Reporting a privacy breach to Manitoba Ombudsman and any successor documents) in dealing with any privacy security breach investigations.

9.5 In the event of a Security Breach, Canada or Manitoba must immediately advise the other Party, and provide a detailed written report of the circumstances of any Security Breach and any remedial actions taken.

9.6 Notice of a Security Breach to Canada must be sent to:

Regional Security Officer
Employment and Social Development Canada
Place du Portage, Phase II
165 Hôtel-de-ville, 6th floor, Mailstop L603
Gatineau, QC  K1A 0J9
NC-SIM-GIS-GD@servicecanada.gc.ca

And to:

Director, Access to Information and Privacy
Employment and Social Development Canada
Place du Portage, Phase IV
140 Promenade du Portage
Gatineau, QC  K1A 0J9

Notice of a Security Breach to Manitoba must be sent to:

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

9.7 On receipt of the notice of a Security Breach, the Party so notified may do any of the following:

  • (a) review the steps proposed by the other Party to address or prevent a recurrence of the Security Breach;
  • (b) direct that any additional specific steps be taken to prevent a recurrence;
  • (c) suspend the disclosure of information under this Arrangement until satisfied that the other Party has complied with the Arrangement and any directions issued under sub-section (b);
  • (d) terminate this Agreement in accordance with section 35.

10.0 Information management audit

10.1 Canada and Manitoba are both, and must remain, subject to their own audit procedures to comply with their program goals and statutory mandate, including compliance with this Arrangement.

10.2 Canada and Manitoba may, consistent with a risk-based approach, audit their respective information management practices and procedures as appropriate and provide copies of any resulting reports to the other Party.

Audits are to assess:

  • (a) compliance with the requirements of sections 7, 8, and 9 of this Arrangement; and
  • (b) the security, privacy, confidentiality and integrity of the information received under this Arrangement.

10.3 Canada and Manitoba must both develop audit and verification procedures for detecting and controlling any improper or inappropriate use of or access to information provided by Manitoba to Canada.

10.4 Canada and Manitoba must provide a copy of their respective audit reports to each other.

10.5 Where deficiencies in Canada’s or Manitoba’s information management practices affecting compliance with the security, privacy, confidentiality and integrity of information provided by Manitoba to Canada under this Arrangement are identified in an audit report, the Party concerned must take appropriate corrective action forthwith to remedy these deficiencies.

10.6 With a view to improving client services, privacy protection, and the efficiency and effectiveness of authorized information sharing, Canada and Manitoba must conduct routine information sharing sessions regarding program, business, and technology re-engineering plans, on a mutually agreeable schedule.

11.0 Privacy impact assessments

11.1 Further to section 7.2, if one or more issues are identified in either privacy impact assessments or threat and risk assessments, the Parties agree to work together to address them.

11.2 If an issue cannot be resolved to the satisfaction of both Parties, it must be referred to the group responsible for dispute resolution as provided for in section 34 of the Agreement.

12.0 Administrative details

12.1 The Parties shall notify Designated Officials as soon as possible of any changes to their respective legislation, regulations or policy that would have an impact on this Arrangement.

12.2 Should the Agreement be terminated, the confidentiality and security of information requirements outlined in this Arrangement will continue to apply to the information that has already been provided.

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