Canada - Newfoundland and Labrador Workforce Development Agreement

Vision, objectives and principles

3. Canada and Newfoundland and Labrador share a common vision that supporting the employment and training needs of Canada’s labour market is best done by building an integrated, client-centred, outcomes-driven, employment and training model for Newfoundland and Labrador that responds to the evolving needs of individuals, employers, and communities.

4. (1) Canada and Newfoundland and Labrador agree to the objectives of this agreement as set out below:

• 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, 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.

(2) Canada and Newfoundland and Labrador accept the principles of this agreement as set out below:

• a) 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;
• b) Inclusion: Support 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 (e.g. improved employability);
• d) Flexibility and Responsiveness: Flexibility to address 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 and partnership between Federal and Provincial/Territorial governments; engagement with and services through Indigenous partners; consultation and engagement with stakeholders; and coordination to enhance program complementarity.

Roles and responsibilities

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

(2) Canada and Newfoundland and Labrador agree that program administration and management of the Agreement will be structured to minimize the administrative burden for eligible beneficiaries.

Areas of focus

6. (1) Newfoundland and Labrador 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, help them develop the skills needed to find and keep a job, improve their labour market outcomes, and develop their workforce.

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

• a) Training: Improve levels of literacy, essential and work-related skills; and support upskilling for the precariously employed and underemployed;
• b) Supports: Provide continuum of needs-based services to maximize the potential impact of training; and continue to support persons with disabilities to enter and stay in the labour market;
• c) Employment Partnerships: Work in partnership with employers and other stakeholders to promote awareness and expand the availability, accessibility and quality of employment opportunities; and
• d) 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.

Eligible programs

7. Newfoundland and Labrador 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) group interventions and 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; and
• h) employer-sponsored training.

Eligible beneficiaries

8. Newfoundland and Labrador 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 Newfoundland and Labrador agree that although Eligible Beneficiaries include Indigenous peoples, Canada will continue to provide its own labour market programs for Indigenous peoples. Canada and Newfoundland and Labrador agree, through the Joint Committee, to better coordinate the delivery of their respective programs for Indigenous peoples.

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

Canada’s Annual Contribution

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 Newfoundland and Labrador in respect of the Eligible Costs incurred in that Fiscal Year of an amount not exceeding the amount, rounded to the nearest thousand, determined by the 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 Newfoundland and Labrador in the Fiscal Year; and
• L is the total population of all provinces in the Fiscal Year.

(2) Notwithstanding subsection (1), in each Fiscal Year from 2017-2018 to 2019-2020, Canada agrees to increase the maximum contribution payable under subsection (1) towards the Eligible Costs incurred in that Fiscal Year of an amount not exceeding:

• a) In Fiscal Year 2017-2018 $5,432,160;
• b) In Fiscal Year 2018-2019 $5,432,160;
• c) In Fiscal Year 2019-2020 $2,716,080;

(3) Notwithstanding subsection (1), in each Fiscal Year from 2017-2018 to 2022-2023, Canada agrees to increase the maximum contribution payable under subsection (1) towards the Eligible Costs incurred in that Fiscal Year of an amount not exceeding the amount, rounded to the nearest thousand, determined by the 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 Newfoundland and Labrador in the Fiscal Year
• L is the total population of all provinces in the Fiscal Year

(4) For the purposes of subsections (1) and (3), the population of Newfoundland and Labrador 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 of the respective populations on July 1 of that Fiscal Year released in September of that Fiscal Year by Statistics Canada. For each Fiscal Year during the period of the Agreement, Canada will share the source of the quarterly preliminary population estimates of the respective populations on July 1 of that Fiscal Year with Newfoundland and Labrador, following their release in September.

(5) Based on Statistics Canada’s quarterly estimates of the respective populations on July 1, 2017 Canada's maximum contribution to Newfoundland and Labrador in Fiscal Year 2017-2018 is $13,324,443.

(6) For Fiscal Year 2018-2019 and each subsequent Fiscal Year during the period of the Agreement, Canada will notify Newfoundland and Labrador 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 Newfoundland and Labrador 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).

Newfoundland and Labrador allocation toward persons with disabilities

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

• a) $4,120,531; 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 Newfoundland and Labrador for a Fiscal Year under section 11; and
• C is $ 12,715,016.

13. In each Fiscal Year during the Period of the Agreement, Newfoundland and Labrador 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 Newfoundland and Labrador’s own revenues. For greater certainty, Newfoundland and Labrador 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 administration costs

14. Canada’s contribution in respect of Newfoundland and Labrador’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 for 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 Newfoundland and Labrador, and subject to subsection (3), Newfoundland and Labrador may retain and carry forward to the next Fiscal Year, an amount representing the lesser of:

• i) five percent (5%) of the amount of the contribution paid or payable to Newfoundland and Labrador for a Fiscal Year under section 11; and
• ii) the amount of contribution paid or payable to Newfoundland and Labrador for that Fiscal Year under section 11 that is in excess of the amount of Eligible Costs actually incurred by Newfoundland and Labrador 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 the next Fiscal Year. Newfoundland and Labrador 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 are considered debts due to Canada and shall be repaid in accordance with section 20.

(3) Newfoundland and Labrador shall not carry forward to the next Fiscal Year an amount of Canada’s contribution that Newfoundland and Labrador 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. (1) 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 the 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.

(2) Newfoundland and Labrador’s obligation under section 13 of this Agreement shall be subject to the Financial Administration Act, RSNL 1990 c F-8.

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 will be an amount equal to fifty percent (50%) of the notional amount of Canada's maximum contribution to Newfoundland and Labrador for the Fiscal Year.

(3) The amount of the second installment will be an amount equal to the balance of Canada’s maximum contribution to Newfoundland and Labrador for the Fiscal Year based on the amount of the contribution determined under section 11 for the Fiscal Year.

18. Canada shall withhold payment of its first installment for the Fiscal Year if Newfoundland and Labrador has failed to provide its Annual Plan in respect of that Fiscal Year in accordance with section 25(2) until such time as the Annual Plan is provided.

19. Canada shall withhold payment of its second installment for the Fiscal Year if Newfoundland and Labrador has failed to provide its annual audited statement of revenues and expenses and Annual Report for the Fiscal Year in accordance with sections 26 and 29 until such time as the annual audited financial statement and Annual Report are provided.

Repayment of overpayment

20. Newfoundland and Labrador shall repay to Canada any amounts paid to Newfoundland and Labrador in excess of the amount to which Newfoundland and Labrador 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 Newfoundland and Labrador failed to allocate and use the portion of Canada’s contribution in the amount specified under section 12, or to contribute an amount from Newfoundland and Labrador’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 Newfoundland and Labrador’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 Newfoundland and Labrador under this Agreement.

Planning

25. (1) Canada and Newfoundland and Labrador recognize the importance of reporting to the public on annual priorities and the results of engagement with various stakeholders.

(2) On or about February 15 of each Fiscal Year during the Period of this Agreement Newfoundland and Labrador agrees to share with Canada an Annual Plan. The Annual Plan will include:

• a) an environmental scan that provides a profile of the current labour market challenges in Newfoundland and Labrador;
• b) a description of planned programs, projected expenditures and expected results of the Eligible Programs that Newfoundland and Labrador intends to fund under the Agreement;
• c) a description of the types of Eligible Beneficiaries being targeted by Newfoundland and Labrador under the Agreement;
• d) a description of the engagement process referred to in subsection (3) including a list of stakeholders engaged, and the main themes resulting from the engagement;
• 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), Newfoundland and Labrador agrees to engage with stakeholders, including organizations representing both employers and employees, stakeholders from the disability community, and representatives of official language minority communities in Newfoundland and Labrador.

Financial reporting

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

(2) The 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;
• c) the total amount of Newfoundland and Labrador 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 overpayment, the statement of revenues and expenses referred to in subsection (1) shall show the payments received from Canada excluding the previous year’s over contribution.

(4) An audit of the statement of revenues and expenses shall be performed by Newfoundland and Labrador’s Auditor-General or his/her designate, or by an independent public accounting firm registered under the laws of Newfoundland and Labrador 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, Newfoundland and Labrador agrees to collect and compile the information set out in Annex 1 to this Agreement entitled “Performance Measurement Strategy”.

(2) Newfoundland and Labrador agrees to share with Canada the information referred to in subsection (1) on a quarterly basis. The information shall be provided in the format and manner decided jointly by the Parties.

(3) For the purpose of subsection (1), Newfoundland and Labrador also agrees to collect the client-level information set out in Annex 2 of this Agreement entitled “Information Sharing Arrangement”, and share that information with Canada in the format and manner set out in that Annex.

Annual reporting

28. Canada and Newfoundland and Labrador 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 this Agreement, Newfoundland and Labrador agrees to report to the people of Newfoundland and Labrador on the results and expenditures of the Eligible Programs achieved for the Fiscal Year. The report shall show separately 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 this Agreement, Newfoundland and Labrador agrees to share with Canada an Annual Report describing the results of the investments 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) Newfoundland and Labrador agrees to undertake, jointly with Canada, 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 Newfoundland and Labrador agree to carry out the joint evaluation as follows:

• a) establish a 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 framework;
• d) produce a final copy of the evaluation report by no later than March 31, 2022.

(3) Newfoundland and Labrador will be responsible for providing any data required by Canada. The cost of the joint evaluation will be covered by Canada.

Joint committee

31. (1) Canada and Newfoundland and Labrador agree to maintain a bilateral Canada-Newfoundland and Labrador 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. The co-chairs can invite representatives from other agencies, departments or ministries to participate in Committee meetings as deemed appropriate.

(3) The Assistant Deputy Minister of Service Canada’s Atlantic Region 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 the Agreement, including providing a forum for the exchange of information on annual planning priorities and reporting;
• b) exchanging information on regional or local labour market challenges and priorities and the results of engagement with other relevant stakeholders, including representatives of official language minority communities;
• c) providing a forum to exchange information on best practices and have discussions related to the implementation of the Agreement;
• d) providing a forum for discussing regional issues and ways to better coordinate the delivery of federal and Newfoundland and Labrador programs, including programs for Indigenous peoples as per Section 9;
• e) 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.

Public acknowledgement of federal funding

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

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

(3) Newfoundland and Labrador 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 Newfoundland and Labrador agree to work together to identify opportunities for joint announcements relating to programs funded under this Agreement.

(5) Newfoundland and Labrador agrees to give Canada 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 Newfoundland and Labrador 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 Newfoundland and Labrador 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 Newfoundland and Labrador, as the case may be, shall notify the other party in writing of the failure or breach. Upon such notice, Canada and Newfoundland and Labrador will endeavour to resolve the issue in dispute bilaterally 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 Canada’s Deputy Minister of Employment and Social Development and the Deputy Minister of Newfoundland and Labrador’s Department of Advanced Education, Skills and Labour, 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 Newfoundland and Labrador’s Minister of Advanced Education, Skills and Labour shall endeavor to resolve the dispute.

Termination

35. Either Canada or Newfoundland and Labrador 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 Newfoundland and Labrador 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 the Agreement under section 35, Canada shall have no obligation to make any further payment to Newfoundland and Labrador in respect of its Eligible Costs incurred after the date of termination.

Equality of treatment

38. (1) During the term of this 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 Newfoundland and Labrador, Canada agrees to amend this Agreement in order to afford Newfoundland and Labrador the same treatment, if requested by Newfoundland and Labrador. 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 publicly available up-to-date Workforce Development Agreements entered into with all provinces and territories, including any amendments, by posting them on a Government of Canada website.

Amendments

39. (1) This Agreement and any annexes 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 Newfoundland and Labrador, by Newfoundland and Labrador’s Minister of Advanced Education, Skills and Labour and Newfoundland and Labrador’s Minister for Intergovernmental and Indigenous Affairs.

(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-Newfoundland and Labrador Job Fund Agreement and the Canada-Newfoundland and Labrador 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-Newfoundland and Labrador Job Fund Agreement has not been submitted for Fiscal Year 2017-2018 prior to the Effective Date of this Agreement, Canada shall withhold a portion of its contribution payable to Newfoundland and Labrador 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 on which a payment is payable to Newfoundland and Labrador under the Canada-Newfoundland and Labrador Job Fund Agreement and the Canada-Newfoundland and Labrador Labour Market Agreement for Persons with Disabilities, the amount of Canada’s annual contribution under section 11 of this Agreement in respect of the Fiscal Year 2017-2018 is reduced by any amount already paid to Newfoundland and Labrador under the Canada-Newfoundland and Labrador Job Fund Agreement and the Canada-Newfoundland and Labrador 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 to the second installment. For greater certainty, for the purpose of section 15 of this Agreement, amounts paid under the Canada-Newfoundland and Labrador Job Fund Agreement and the Canada-Newfoundland and Labrador Labour Market Agreement for Persons with Disabilities for Fiscal Year 2017-2018 are deemed to have been paid to Newfoundland and Labrador under section 11 of the Agreement.

Financial reporting

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

44. Canada shall withhold payment of the second installment of its annual contribution under this Agreement for Fiscal Year 2017-2018 if Newfoundland and Labrador has failed to provide its audited financial statement in respect of Fiscal Year 2016-2017 under the Canada-Newfoundland and Labrador Job Fund Agreement until such time as the audited financial statement is provided.

45. Canada shall withhold payment of the first installment of its annual contribution under this Agreement for Fiscal Year 2018-2019 if Newfoundland and Labrador has failed to provide its audited Statement of Expenditures in respect of Fiscal Year 2016-2017 under the Canada-Newfoundland and Labrador Labour Market Agreement for Persons with Disabilities until such time as the annual audited Statement of Expenditures is provided.

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

Performance reporting

47. Newfoundland and Labrador shall provide its annual report for the Fiscal Year 2016-2017 in accordance with the terms of the Canada-Newfoundland and Labrador Job Fund Agreement and the Canada-Newfoundland and Labrador 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, Newfoundland and Labrador shall continue to report in accordance with the terms of the Canada-Newfoundland and Labrador Job Fund Agreement and the Canada-Newfoundland and Labrador Labour Market Agreement for Persons with Disabilities or report according to the 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-Newfoundland and Labrador Job Fund Agreement shall be considered Eligible Costs under this Agreement.

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

Repayment of overpayment

51. In the event that payments made to Newfoundland and Labrador under the Canada-Newfoundland and Labrador Job Fund Agreement and the Canada-Newfoundland and Labrador Labour Market Agreement for Persons with Disabilities exceed the amount to which Newfoundland and Labrador 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.

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:

• 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 Parties agree to work together through the WDA Evaluation Steering Committee as described in section 30(2) of the Agreement.

Performance Measurement

In accordance with section 27(1) of the Agreement, Newfoundland and Labrador 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

Newfoundland and Labrador 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:

• 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 Newfoundland and Labrador 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 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, Newfoundland and Labrador will report to Canada on all performance indicators through data uploads as described in Annex 2, Information Sharing Arrangement. This includes individual participants’ social insurance numbers.
• ii) Annual public reporting
  Annually Canada will work collaboratively with Newfoundland and Labrador to produce a national report on the Workforce Development Agreements. Canada will share a draft of the annual national report with Newfoundland and Labrador for review and input prior to its publication.
• 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, Newfoundland and Labrador will substantially implement the Performance Measurement Strategy by April 1, 2019.

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

• Share Newfoundland and Labrador level data derived from the EI information;
• Share Newfoundland and Labrador level data from EI as per the Targeted Referral and Feedback system; and
• Share Newfoundland and Labrador level data from other sources as they become available.

1.0 Purpose

1.1 The purpose of this Information Sharing Arrangement (hereinafter referred to as “Arrangement”) is to provide for the disclosure of “information”, as defined in subsection 30(1) of the Department of Employment and Social Development Act (DESDA), from Newfoundland and Labrador to Canada. Information includes social insurance numbers.

2.0 Authorities

3.0 Information to be provided by Newfoundland and Labrador to Canada

3.1 Newfoundland and Labrador will provide to Canada the following information under its control about each individual who is receiving assistance under Newfoundland and Labrador’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 Newfoundland and Labrador, which Canada is required to do:

• Name
• Social insurance number
• Address
• Date of birth
• Telephone number
• Email address
• Gender
• Marital status
• Number of dependants
• Disability status
• Indigenous identity
• Immigrant status
• Immigration year
• Visible minority status
• Highest level of education
• Federal official language of choice
• Federal official language of service
• Employment status
• Precarious employment status
• Intervention name
• Intervention code
• Intervention start date
• Intervention end date
• Intervention outcome
• Credential/certificate earned
• National Occupational Classification for Occupational Skills Training
• Action Plan start date
• Action Plan end date
• Action Plan outcome
• Action Plan outcome date
• Increase in literacy and essential skills

The above information will be updated by Newfoundland and Labrador 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, Newfoundland and Labrador will inform the individual from whom the information is collected and to whom that information relates, that this information will be communicated to Canada 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, information covered by this Arrangement will be provided by Newfoundland and Labrador to Canada in a mutually agreed upon format, frequency and manner as per sections 27(2) and 27(3) of the Agreement. Newfoundland and Labrador is committed to ensuring that the information they provide under this Arrangement is reliable and is provided in a timely, secure, and confidential manner and agrees to work together with Canada in achieving this goal.

4.2 Canada and Newfoundland and Labrador 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.

5.0 Confidentiality, Use and Disclosure

5.1 Canada and Newfoundland and Labrador undertake to use their best efforts to fully maintain and protect the confidentiality of the information they receive under this Arrangement.

5.2 Subject to sections 5.3 and 5.4 of this Arrangement, Canada shall not, in respect of any information obtained from Newfoundland and Labrador 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 Newfoundland and Labrador 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; or
• (b) if required by or permitted pursuant to applicable legislation.

5.4 Canada may disclose information they obtain from Newfoundland and Labrador 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, obtained from Newfoundland and Labrador under this Arrangement, to a third party for a purpose authorized herein 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 Office of the Chief Information Officer, responsible for the provision of information technology (IT) infrastructure services to Newfoundland and Labrador 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 obtained from Newfoundland and Labrador under this Arrangement, Canada agrees to consult, when required, with Newfoundland and Labrador 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 shared by Newfoundland and Labrador under this Arrangement shall be collected, used, maintained, stored, retained, disclosed, destroyed or disposed of and otherwise administered and protected in accordance with:

• (a) in the case of Canada, the Privacy Act, the 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,the Standard 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; and,
• (b) in the case of Newfoundland and Labrador, the Access to Information and Protection of Privacy Act, 2015 and regulations thereto, as well as all applicable provincial/territorial and departmental policies, protocols, operating directives, and guidelines governing the administrative, technical and physical safeguarding and disposal of the information.

7.2 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 Newfoundland and Labrador shall take all reasonable steps to ensure the completeness and accuracy of the personal information provided to Canada under this Arrangement. However, it is understood and agreed that Newfoundland and Labrador 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, disclosure, use, retention and disposal of 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 access, use, disclosure or modification of the personal information exchanged 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 in an investigation are found in the Departmental Directive on How to Respond to Security Incidents Involving Personal Information, and any successor document. For Newfoundland and Labrador, the procedures are found in the Protection of Privacy Policy and Procedures Manual.

9.5 In the event of a Security Breach, Canada or Newfoundland and Labrador 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 Newfoundland and Labrador must be sent to:

ATIPP Coordinator
Department of Advanced Education, Skills and Labour
PO Box 8700
St. John’s, NL  A1B 4J6
SharonMSeaward@gov.nl.ca

And to:

Director, Information Management
Department of Advanced Education, Skills and Labour
PO Box 8700
St. John’s, NL  A1B 4J6

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 personal 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 Newfoundland and Labrador 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 Newfoundland and Labrador 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, confidentiality and integrity of the personal information received under this Arrangement.

10.3 Canada and Newfoundland and Labrador must both develop audit and verification procedures for detecting and controlling any improper or inappropriate use of or access to shared or exchanged information.

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

10.5 Where deficiencies in Canada’s or Newfoundland and Labrador’s information management practices affecting compliance with the security, confidentiality and integrity of information exchanged 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 Newfoundland and Labrador 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 this 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 this 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.