Canada – Nunavut Labour Market Development Agreement

Recitals

Whereas Canada's Minister of Human Resources Development presented to all provinces and territories on May 30, 1996, a proposal on labour market development that would enable the provinces and territories to expand their role, if they wished, in the design and delivery of labour market programs;

Whereas the proposal was based on section 63 of the Employment Insurance Act which authorized Canada, acting through the Canada Employment Insurance Commission and with the approval of the Minister of Human Resources Development, to enter into an agreement with any government in Canada to provide for the payment of contributions towards:

• (a) the costs of benefits and measures (i.e. programs) provided by a government that are similar to the employment benefits and support measures (i.e. programs) established by the Commission under Part II of that Act, and
• (b) the administration costs that the government incurs in providing those benefits and measures;

Whereas Nunavut became a territory on April 1, 1999, and Canada has extended its May 30, 1996 proposal to Nunavut;

Whereas Nunavut wishes to take up the proposal and assume an expanded role in the delivery of labour market programs that reflect the unique cultural and economic characteristics of local and regional labour force needs in Nunavut;

Whereas the programs (benefits and measures) to be provided by Nunavut as described in Annex l to this Agreement are similar to the employment benefits and support measures established under Part II of the Employment Insurance Act and are consistent with the purpose and guidelines of Part II of that Act;

Whereas Canada and Nunavut give the highest priority to the integration of the unemployed into the workforce and are committed to providing high quality, effective and efficient labour market development programs and services to the people of Nunavut;

Whereas Canada and Nunavut agree on the importance of measuring, monitoring, assessing and evaluating the success of their labour market development programs and services in helping the unemployed of Nunavut to prepare for, find and keep a job;

Whereas Canada and Nunavut agree that they should, to the extent possible, reduce unnecessary overlap and duplication in their labour market development programs and harmonize services to improve access, quality, effectiveness and efficiency;

Whereas with respect to the other areas of cooperation between Canada and Nunavut covered by this Agreement, Canada's Minister of Human Resources Development is authorized to enter into this Agreement under section 20 of Canada’s Department of Human Resources Development Act;

Whereas Nunavut’s Minister of Education is authorized to enter into this Agreement on behalf of the Government of Nunavut;

Now, therefore, the parties hereto mutually agree as follows:

1.0 Interpretation

1.1 The terms "employment benefit" and "support measure" are terms used in the Employment Insurance Act in reference to specific types of employment programs established by the Commission under sections 59 and 60(4), respectively, of the . The terms "benefit" and "measure" are used in section 63 of the Act in reference to employment programs established by other governments and organizations in Canada, towards the cost of which the Commission is authorized to make financial contributions, provided they are similar to the Commission’s employment benefits and support measures and are consistent with the purpose and guidelines of Part II of the Act.

1.2 In this Agreement, unless the context requires otherwise,

"active EI claimant" means an individual for whom an employment insurance benefit period is established under the ;

"administration costs" means the costs of administration incurred by Nunavut in providing the Nunavut benefits and measures;

"Annual Annex" means the Annex referred to in section 13;

"Commission" means the Canada Employment Insurance Commission;

"costs of Nunavut benefits and measures" means the costs of financial assistance or other payments provided by Nunavut under its benefits and measures to persons and organizations that are eligible for assistance under those benefits and measures. For greater certainty, it is understood that:

• (a) insofar as the costs of Nunavut benefits is concerned, those costs are limited to:
  • (i) the costs of financial assistance provided under the benefits by Nunavut directly to EI clients, and,
  • (ii) the costs of financial assistance or other payments provided by Nunavut under the benefits to persons or organizations as reimbursement for costs incurred by them, or as payment for services rendered by them, in relation to the provision of assistance to EI clients; and
• (b) in the case of Nunavut measures that are similar to the support measures established by the Commission under subsection 60(4) of the Act, access to assistance provided under those measures is not restricted to EI clients and, it is understood, therefore, that the costs of those Nunavut measures are not restricted to costs incurred only in relation to the provision of assistance to EI clients;

"EI client" means an unemployed person whom, when requesting assistance under a Nunavut benefit or measure,

• (a) is an active EI claimant, or,
• (b) had a benefit period that ended within the previous 36 months, or,
• (c) had a benefit period established for him/her within the previous 60 months and
  • (i) was paid parental or maternity benefits under the Employment Insurance Act or the former Unemployment Insurance Act,
  • (ii) subsequently withdrew from the labour force to care for one or more of their new-born children or one or more children placed with them for the purpose of adoption, and,
  • (iii) is seeking to re-enter the labour force;

"designated officials" means the officials designated by the parties under section 17 of this Agreement;

"fiscal year" means the period commencing on April 1 in one calendar year and ending on March 31 in the next calendar year;

"HRDC" means Canada's Department of Human Resources Development;

"NES clients" means persons and organizations to whom the National Employment Service provides its services, namely: workers, whether insured or not or whether they are claiming employment insurance benefits or not; employers, workers' organizations and interested public and private organizations providing employment assistance services to workers;

"Nunavut benefit" means a labour market development program set out in Annex l, as amended from time to time, that is provided by Nunavut under section 3 and that is designed to enable EI clients to obtain employment;

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

• (a) organizations that provide employment assistance services to unemployed persons,
• (b) employers, employee or employer associations, community groups and communities in developing and implementing strategies for dealing with labour force adjustments and meeting human resource requirements, or,
• (c) research and innovation projects to identify better ways of helping persons prepare for, return to or keep employment, and be productive participants in the labour force.

1.3 The expressions "Nunavut benefits" and "Nunavut measures" may be referred to alternately and/or collectively in this Agreement as "Nunavut programs".

2.0 Purpose and scope of agreement

2.1 The purpose of this Agreement is to implement, within the scope of Part II of Canada’s , new Canada-Nunavut arrangements in the area of labour market development that will enable Nunavut to assume an expanded role in the design and delivery of labour market development programs and services in Nunavut.

2.2 Canada will retain responsibility for the delivery of insurance benefits under Part I of the Employment Insurance Act and for the aspects of labour market development reflective of national interests, such as responding to national emergencies, activities in support of interprovincial labour mobility, the promotion and support of national sectoral councils, the operation of national labour market information and national labour exchange systems, and the provision of support for labour market research and innovative projects designed to test new approaches to improving the functioning of the labour market in Canada.

2.3 To avoid overlap and duplication and promote cooperation in the conduct of their respective activities and initiatives in support of labour market research and innovative projects, Canada and Nunavut further agree to keep each other regularly informed of their proposed activities and initiatives in this area.

3.0 Nunavut benefits and measures

3.1 Beginning April 1, 2000, or at such later time as may be agreed to by the designated officials, Nunavut will provide the benefits and measures described in Annex l to this Agreement entitled "Description of Nunavut Benefits and Measures".

3.2 Nunavut will provide annually, three months before the coming fiscal year, an annual plan that sets out:

• (a) the labour market issues which Nunavut intends to address during the coming fiscal year;
• (b) the array of Nunavut benefits and measures to be offered during the coming fiscal year, and
• (c) the projected expenditures under each Nunavut benefit and measure for the coming fiscal year.

3.3 Subject to section 3.4, Nunavut may make ongoing modifications to the design of its benefits and measures in order to ensure their responsiveness to client needs, changing labour market conditions and evaluation findings. It is understood that any modifications to the design will be set out in amendments to Annex l.

3.4 Where any question arises as to whether a proposed modification to a Nunavut benefit or measure affects its consistency with the guidelines and purpose of Part II of the , or its similarity to the employment benefits and support measures established under Part II of the Act, it shall be referred to a jointly agreed upon committee/mechanism for a determination.

3.5 Nunavut shall not require any minimum period of residency in the Nunavut territory on the part of an individual as a condition of access by that individual to assistance under a Nunavut benefit or measure supported by Canada under this Agreement.

3.6 Nunavut will give priority of access to assistance under its Nunavut benefits and measures to active EI claimants.

3.7 To facilitate the co-ordination of the provision of assistance to EI claimants by Nunavut under its benefits with the payment by Canada of insurance benefits to those claimants by virtue of section 25 of Part I of the , the Commission, pursuant to subsection 31(3) of Canada’s Department of Human Resources Development Act, hereby authorizes Nunavut's Minister of Education to exercise the Commission's power to designate authorities in Nunavut who may, for the purposes of section 25 of Canada’s , refer active EI claimants to:

• (a) courses or programs of instruction or training which the claimant is attending at his or her own expense, or under Nunavut benefits; or
• (b) any other employment activity for which assistance has been provided for the claimant under a Nunavut benefit which is similar to Canada's Job Creation Partnerships Employment Benefit or Self-Employment Benefit.

3.8 Nunavut shall give thirty days advance notice to Canada of its intention to designate a referral authority for the purposes of section 25 of Canada’s Employment Insurance Act in order that Canada may make the necessary administrative arrangements with the referral authority to ensure timely and proper payment of insurance benefits to the referred active EI claimants under section 25 of the Act.

3.9 Authorities designated by Nunavut may include staff of its Department of Education, other departments or agencies, corporations of the Government of Nunavut, as well as third parties in Nunavut.

4.0 Service to clients

4.1 Nunavut agrees that in the administration of the Nunavut benefits and measures it will be guided by the following principles on service to clients:

• (a) providing equitable and convenient access and courteous, empathetic and timely service;
• (b) providing flexible and innovative approaches to labour market and community needs;
• (c) endeavouring to optimize individual potential and human dignity;
• (d) seeking the achievement of measurable results within a well-defined framework of accountability;
• (e) recognizing and responding to the special needs of Nunavut’s Aboriginal people, including their need to receive assistance in the Inuit languages;
• (f) considering client needs and labour market requirements (local, territorial, and national) when making decisions on access to assistance under the programs and services; and,
• (g) involving clients both in decisions made with respect to appropriate interventions and in the management of their case plans.

4.2 In areas of significant demand, Nunavut agrees to provide access to assistance under its benefits and measures in both of Canada’s official languages. In determining the areas of the Nunavut Territory where there is "significant demand", Nunavut agrees to use as the guideline the criteria for this term as set out in the Official Languages Regulations, made pursuant to Canada’s Official Languages Act. Nunavut will consult with representatives of the Francophone community in Nunavut on the availability of assistance in French. Nunavut will also pursue its goal of providing services in the Inuit languages.

4.3 In addition to the consultations with the Francophone community in Nunavut as agreed between the parties in section 4.2, Nunavut will also consult with representatives of Aboriginal groups on the availability of assistance under Nunavut programs.

4.4 Canada and Nunavut agree to establish mechanisms for dealing with representations or enquiries made by Members of Parliament or Members of the Legislative Assembly of Nunavut on behalf of constituents who have sought their assistance in resolving a problem or obtaining information in relation to the constituents’ dealings with a Canada-Nunavut Service Centre, referred to in section 5.2, to ensure that the reply to the representations or enquiries is directed to the appropriate party and that the confidentiality and privacy requirements of the , and any related privacy legislation or policies of the Government of Nunavut, are respected.

5.0 Delivery arrangements

5.1 Canada agrees to assist Nunavut in delivering its Nunavut benefits and measures by providing Nunavut with training for Nunavut staff, and advice and guidance on the development and implementation of operational policies and procedures pertaining to the delivery of the benefits and measures.

5.2 The parties agree that, where feasible and cost-effective, their respective labour market development programs and services should be provided at co-located sites. Co-located sites will be identified to the public as Canada-Nunavut Service Centres.

5.3 The arrangements between the parties with respect to the operation of points of access and delivery are set out in Annex ll of this Agreement.

5.4 Canada and Nunavut agree that the linking and development of electronic on-line systems which maintain client information data is an essential tool for effective and efficient case management for clients accessing Nunavut benefits and measures. The use and application of information obtained through system linkages will be subject to the provisions set out in Annex lV entitled "Information and Data Sharing Arrangements".

5.5 During the transition process, Nunavut will form an Implementation Committee to oversee the design, delivery and accountability of the benefits and measures. Canada will be represented on this committee and will assist by providing advice, guidance and other means that may be appropriate and useful. An Implementation Plan will be developed for a period of 2 years, commencing April 1, 2000.

6.0 Expected results of Nunavut benefits and measures

6.1 Canada and Nunavut agree to use the following primary indicators for measuring the results of the Nunavut benefits and measures:

• (a) the number of active EI claimants that have access to Nunavut benefits and measures;
• (b) the number of EI clients returned to employment;
• (c) the amount of savings to the Employment Insurance Account.

6.2 Other measurement indicators may be added from time to time by Nunavut with the concurrence of Canada.

6.3 Canada and Nunavut agree to jointly establish in advance of each fiscal year during the period of the Agreement mutually agreed results targets for the coming fiscal year using the results criteria referred to in section 6.1, and as amended therein.

6.4 Canada and Nunavut agree that for fiscal year 2000-01, the results targets shall be those set out in Annex lll to this Agreement entitled "Annual Results Targets for Fiscal Year 2000/01 and Annual Review and Assessment Process". The results targets for each subsequent fiscal year will be agreed to and set out in the Annual Annex for that fiscal year.

6.5 Canada and Nunavut agree to establish mechanisms to jointly set the annual targets for each fiscal year following fiscal year 2000-01, and to jointly review and assess the achievement of the results in accordance with the process described in Annex lll. In setting targets for each of those fiscal years, the parties will take into consideration local, regional and territorial economic, cultural and labour market circumstances, the results achieved in the previous year, the amount of funding available for Nunavut benefits and measures for the coming year, and improvements in the design and delivery of the benefits and measures.

6.6 The measurement of the primary indicators will be based on a methodology to be established by Canada in a manner that will support Canada establishing the national results for reporting to Parliament.

7.0 Evaluation

7.1 Canada and Nunavut recognize the importance of evaluating the results of the benefits and measures to clients, premium payers and taxpayers. Accordingly, they agree that immediately after the commencement of implementation of Nunavut benefits and measures, Canada and Nunavut will jointly develop an evaluation framework.

7.2 This framework will guide:

• (a) the development of evaluation processes adhering to recognized evaluation practices, for short, medium and long-term measurement of results;
• (b) the carrying out of such evaluation processes; and
• (c) the delineation of responsibilities of each party related to that framework.

7.3 The formative evaluation will be conducted immediately after the first year of implementation of the Nunavut benefits and measures.

7.4 The summative evaluation will be conducted in the third year of implementation.

7.5 Subsequent evaluations will be conducted regularly, on a three-to-five year basis. Such evaluations will determine, at a minimum, the impacts and effects of the Nunavut benefits and measures, including:

• (a) their impacts and effects on sustainability of employment;
• (b) change in dependency on income transfers (Employment Insurance and income support);
• (c) impact on communities;
• (d) change in tax revenues from earned income;
• (e) other measures to be determined by Nunavut; and,
• (f) other measures to be determined through the Joint Evaluation Committee.

7.6 Canada and Nunavut agree that the designated officials will establish a joint federal/territorial Evaluation Committee, called the Joint Evaluation Committee, to support and oversee the evaluations of Nunavut benefits and measures. The Joint Evaluation Committee will prepare and sign off the evaluation framework, carry out evaluations according to the plan laid out in the framework document, and approve third-party evaluation contracts and evaluation reports. Costs for the initial evaluations will be borne by Canada.

8.0 Information and data sharing

8.1 For the purpose of implementing this Agreement, Canada and Nunavut agree to exchange information in accordance with the arrangements specified in Annex lV to this Agreement entitled, "Information and Data Sharing Arrangements".

9.0 Monitoring and assessment

9.1 Section 3 of the Employment Insurance Act requires the Commission to monitor and assess the effectiveness of the benefits and assistance provided under the Act. This includes assistance provided under the arrangements put in place in the context of this Agreement, and to submit a report on its assessment to the Minister of Human Resources Development annually from 1997 to 2001, and it must subsequently be laid before Parliament. Canada will use the information provided by Nunavut under section 8 in preparing these reports.

10.0 Employment insurance program integrity

10.1 As Canada may be providing insurance benefits under Part I of the Employment Insurance Act to active EI claimants while they are participating under the Nunavut benefits and measures, Canada and Nunavut agree to cooperate with each other in developing measures for detecting and controlling abuse and in determining how and by whom these measures should be carried out.

11.0 Financial arrangements

11.1 Canada and Nunavut agree that, subject to the financial limitation set out in section 78 of the , the financial arrangements between them shall be as set out in the provisions below.

12.0 Payment procedures

12.1 Beginning April 1, 2000, or on such later date as agreed by the designated officials on which Nunavut begins implementation of the benefits and measures, Canada will make advance payments of its annual contribution towards the costs of Nunavut benefits and measures. The advances will be made on a monthly basis and will be based upon a forecast of monthly cash flow requirements furnished by Nunavut. Nunavut agrees to update the forecast on a quarterly basis.

12.2 Payment of Canada's annual contribution towards the administration costs incurred by Nunavut will be made in twelve equal monthly installments based upon an agreed estimate of the administration costs to be incurred by Nunavut during the fiscal year.

13.0 Annual annex

13.1 Prior to the beginning of each fiscal year during the period of this Agreement, Nunavut agrees to set out in an Annual Annex to this Agreement the following:

• (a) the agreed annual targets for the coming fiscal year for the results-based criteria or indicators referred to in section 6;
• (b) three-year projection of Canada's annual allocations for contributions towards the costs of the Nunavut benefits and measures; and,
• (c) beginning in fiscal year 2002-03, the actual amount of Canada’s maximum contribution toward the costs of Nunavut benefits and measures for the coming fiscal year, as determined pursuant to section 11.5.

13.2 The designated officials are authorized to sign the Annual Annexes.

14.0 Financial accountability

14.1 For fiscal year 2000-01 and for each fiscal year thereafter during the period of this Agreement, Nunavut shall submit to Canada a report containing:

• (a) an audited financial statement prepared in accordance with generally accepted accounting principles and practices and in a form prescribed by Canada, and certified by the Territorial Auditor or the designate, setting out the amount of costs that Nunavut has actually incurred in that fiscal year in respect of each Nunavut benefit and measure; and,
• (b) statement from the Territorial Auditor or the designate certifying that all payments received from Canada in the fiscal year on account of Canada's contribution to its administration costs were paid in respect of administration costs actually incurred in that fiscal year.

14.2 The report shall be submitted no later than three months after the end of the fiscal year to which it relates.

15.0 Overpayment / lapsing funds

15.1 In the event that payments made to Nunavut under this Agreement exceed the amounts to which Nunavut is entitled, the amount of such excess is a debt owing to Canada and shall be repaid forthwith to Canada upon receipt of notice to repay.

15.2 Any unutilized funds in a given fiscal year will lapse.

16.0 Public Information

16.1 Nunavut agrees to give public recognition of Canada's role in providing financial assistance under this Agreement to support the Nunavut benefits and measures.

16.2 Canada and Nunavut agree to jointly prepare public information material and jointly organize and participate in any public announcement relating to the signing of this Agreement and of any Annual Annexes provided for in this Agreement that are to be signed in the future.

16.3 The contribution of the Government of Canada to Nunavut’s employment programs funded under this Agreement will be recognized in signage at offices where Nunavut benefits and measures are delivered and in forms and publications intended for the public published by Nunavut, including:

• (a) pamphlets, brochures or applications for assistance for the use of EI clients in connection with a territorial benefit or measure;
• (b) reports of departments and agencies of Nunavut;
• (c) evaluation reports; and,
• (d) letterhead and advertising

16.4 Nunavut agrees that where automated information kiosks supplied by Canada providing labour market information to the public are installed on premises operated by Nunavut, the premises will have appropriate signage identifying that Canada supplies the kiosks.

16.5 Nunavut agrees to ensure that cheques or deposit statements for EI clients receiving assistance under its Nunavut benefits either directly from Nunavut or through an organization receiving funding from Nunavut, will include the Government of Canada logo.

16.6 The parties agree to give each other reasonable advance notice of any major public relations initiatives to inform Canadians of activities being undertaken in the context of this Agreement.

17.0 Designated officials

17.1 The Regional Executive Head of HRDC in the Province/Territory responsible for Nunavut Region is the designated official of Canada for the purposes of this Agreement, and the Deputy Minister of Education is the designated official of the Government of Nunavut.

17.2 Designated officials, or their designates, shall meet as required to resolve issues that emerge from the Agreement.

18.0 Period of agreement

18.1 Subject to section 19, this Agreement will remain in force for an indefinite period.

19.0 Termination

19.1 This Agreement cannot be unilaterally terminated during the first two fiscal years. Canada and Nunavut agree to complete a review of the Agreement to assess if mutually desirable results are being achieved and to determine if they should continue their labour market arrangements under this Agreement. After completion of that review, either party can terminate the Agreement at any time by one fiscal year’s written notice of intention to terminate to the other party.

19.2 In the event of termination of this Agreement, Canada and Nunavut agree that they will work together to ensure that services to clients will not be unduly affected or interrupted by the termination.

19.3 Canada affirms its continuing responsibility for EI clients should this Agreement be terminated.

20.0 Amendment

20.1 This Agreement may be amended at any time by the mutual consent of the parties. To be valid, any amendment shall be in writing and signed, in the case of Canada, by Canada's Minister of Human Resources Development and the Commission, and in the case of Nunavut, by the Minister of Education.

20.2 Notwithstanding section 20.1, an amendment to any Annex to this Agreement may be made by the written agreement of designated officials of the parties.

21.0 Equality of treatment

21.1 During the period of this Agreement, if a province or territory other than Nunavut negotiates an Agreement with Canada based on Canada’s May 30, 1996 proposal, and any provision of that Agreement is more favourable to that province or territory than what was negotiated with Nunavut, Canada agrees to amend the Agreement upon the request of Nunavut, in order to afford similar treatment to Nunavut.

22.0 General

22.1 No member of the House of Commons or Member of the Legislative Assembly of Nunavut shall be admitted to any share or part of this Agreement or to any benefit arising therefrom.

22.2 Transfers from Canada under this Agreement will not be considered "Eligible Revenues" under the Formula Financing Agreement between Canada and Nunavut.

23.0 Effective date

23.1 This agreement shall be effective April 1, 2000.

This Agreement has been signed on behalf of Canada by the Minister of Human Resources Development and the Canada Employment Insurance Commission this 11^th day of May, 2000

Annexe 1 - Description of Nunavut benefits and measures

Annex 2 - Delivery arrangements

Annex 3 - Annual results targets for fiscal year 2000/01 and annual review and assessment process

Annex 4 - Canada – Nunavut exchange of information and data sharing arrangements

Amending agreement #1 for Annex 4 of the Canada – Nunavut Labour Market Development Agreement

Between

The Government of Canada (herein referred to as "Canada"), as represented by the Minister of Employment and Social Development and the Canada Employment Insurance Commission

And

The Government of Nunavut (herein referred to as "Nunavut"), as represented by the Minister of Family Services

Whereas, Canada and Nunavut entered into a Labour Market Development Agreement on May 11, 2000 (hereinafter referred to as the "LMDA"), in which Canada and Nunavut agreed to certain arrangements relating to the provision of contributions by Canada pursuant to section 63 of the Employment Insurance Act to support the costs of benefits and measures (referred to in the LMDA as "Territorial Benefits and Measures") provided by Nunavut that are similar to Canada's employment benefits and support measures and that are consistent with the purpose and guidelines of Part II of the Employment Insurance Act;

Whereas Canada and Nunavut wish to amend the information sharing arrangements provided for in section 8 and Annex 4 of the LMDA entitled "Information and Data Sharing Arrangements"; and,

Whereas under article 20.2 of the LMDA, the designated officials of Canada and Nunavut are authorized to sign amendments to any Annex to the LMDA;

Now, therefore, Canada and Nunavut agree as follows:

1. Annex 4 of the Canada-Nunavut LMDA is hereby replaced in its entirety by the attached Annex 4, Exchange of Information and Data Sharing Arrangements, which shall be binding on the parties effective as of the date of signing of this Amending Agreement.
2. The LMDA in all other respects shall remain the same.

Signed on behalf of Canada this 11 day of November, 2014.

Signed on behalf of Nunavut this 14 day of November, 2014.

1.0 Purpose

1.1 The purpose of this Annex to the Canada-Nunavut Labour Market Development Agreement (LMDA) is to provide for the exchange of information, including personal information, as defined in section 3 of Canada's Privacy Act and section 2 of Nunavut's Access to Information and Protection of Privacy Act (ATIPPA), and "information" as defined in subsection 30(1) of the Department of Employment and Social Development Act (DESO Act), between the parties. Personal information includes social insurance numbers.

2.0 Authorities

Canada’s authorities

2.1 With respect to the information to be provided by Canada to Nunavut under section 3 of this Annex, Canada confirms that it is authorized under subsection 34(1) of the DESO Act to provide such personal information to Nunavut for the purposes set out in section 3. In this regard:

1. (a) the personal information set out in section 3 consists of information obtained by the Canada Employment Insurance Commission or the Department of Employment and Social Development from persons under the Employment Insurance Act (El Act), and of information prepared from such information;
2. (b) subsection 34(1) of the DESO Act authorizes the disclosure of the aforementioned personal information to any person or body for the administration or enforcement of the program for which it was obtained or prepared; and
3. (c) the personal information described in section 3 of this Annex will be disclosed to Nunavut only for the purposes described herein.

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

Nunavut’s authorities

2.3 With respect to the personal information to be provided by Nunavut to Canada under section 4 of this Annex, Nunavut confirms that it is authorized under paragraph 48 of the Nunavut ATIPPA to provide such information to Canada for the purposes set out in section 4.

3.0 Information to be provided by Canada to Nunavut

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

1. (a) assisting Nunavut in establishing and verifying if the individual qualifies as an El client who is not an active El claimant (i.e. who qualifies as a former El claimant) and is therefore eligible for, or entitled to, assistance under Nunavut's programs:
   • name
   • social insurance number
   • address
   • postal code
   • telephone number
   • date of birth
   • federal office code - if available
   • gender
   • language (French or English)
   • El client status, with explanatory messages
   • Provincial/Territorial Parental Benefits (PTPB) client status, if applicable, with explanatory messages
   • identification if on an intervention, with explanatory messages; and
2. (b) in respect of an individual, who has been determined to be an active El claimant who is eligible for, or entitled to, assistance under Nunavut's programs, assisting Nunavut in determining the nature and level of financial assistance to be provided to the El client under Nunavut's programs:
   • name
   • social insurance number
   • address
   • postal code
   • telephone number
   • date of birth
   • federal office code- if available
   • gender
   • language (French or English)
   • El client status, with explanatory messages
   • PTPB client status, if applicable, with explanatory messages
   • identification if on an intervention, with explanatory messages

El claim information:

• benefit period commencement (BPC}
• type of El benefit (claim type, e.g. regular, etc.)
• number of eligible weeks
• number of weeks paid (number of weeks paid in special benefits and number of weeks paid in regular benefits identified if on same claim)
• El benefit rate - Part I
• federal tax deducted
• territorial tax deducted
• week of renewal
• latest renewable week
• last week processed
• expected end date of Part I
• apprenticeship (yes/no)
• apprenticeship waiting period waived (yes/no)
• stop payment - yes/no
• if yes - date of stop payment
• disentitlements, if applicable
• start date
• end date
• explanatory messages
• disqualifications, if applicable
• start date
• disqualification weeks remaining
• explanatory messages
• allocation of earnings
• start week
• end week
• allocation of earnings weekly amount
• amount of last week of allocation of earnings

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

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

• name
• social insurance number
• El client status
• PTPB client status
• federal office code, if available
• territorial office code, if available
• intervention type (e.g. training, job creation, self-employment)
• training ID (for training interventions)
• institution code (if available)
• apprentice indicator
• no claimant report code (for apprentices)
• start week(s)/date(s) of intervention
• end week(s)/date(s) of intervention
• intervention break start week/date
• intervention break end week/date
• agreement/file number
• rate (El Part 11)
• error code
• definition of error code

3.3 Canada will provide to Nunavut on a monthly basis any or all of the following personal information under its control on all El clients and non-insured participants who have received assistance from Nunavut under Nunavut programs, for use by Nunavut for the review, analysis and verification of the data calculated/held by Canada for monitoring, assessment and reporting purposes. This information will be provided in a mutually agreed upon format.

3.4 Upon request, and based on the monthly data files on El clients and non-insured participants who are participating in Nunavut programs funded with El Part II monies, as provided by Nunavut in section 4.3, the following personal information will be provided to Nunavut for the review and verification of Canada's reporting of results. The personal information will be provided in two different data sets (by client and intervention):

• social insurance number
• age
• gender
• designated group indicators (persons with disabilities, members of visible minority groups, aboriginal peoples)
• territorial office code
• El client type
• action plan ID
• action plan creation date
• action plan start date
• action plan end date
• action plan result
• action plan result date
• missing action plan indicator
• intervention code (type of intervention)
• intervention start date
• intervention end date
• benefit rate
• last renewable week

3.5 Canada will provide to Nunavut, when requested by Nunavut and based on the selection criteria identified by Nunavut, on a per individual basis, any or all of the following personal information under Canada's control from an individual's file for the purpose of assisting Nunavut in contacting individuals who have recently applied for benefits under Part I of the El Act who may be interested in receiving assistance under Nunavut Benefits and Measures, in order to facilitate their return to work:

• name
• social insurance number
• address
• postal code
• telephone number
• e-mail address (if available)
• gender
• date of birth
• official language of service (written)
• official language of service (spoken)
• federal office code associated with the client's postal code
• territorial office/catchment code associated with the client's postal code
• referral type (occupation in demand ob-ready or other)
• referral source (Appli-web, second referral)
• referral code and reason (i.e. the targeting criteria used to refer the client)
• National Occupational Classification (NOC) code for the most recent job

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

• postal code (XOA 1HO [Iqaluit]; all other XOA codes; XOB codes; XOC codes)
• territorial office code, if available
• El economic region
• age at benefit period commencement
• preferred official language (French or English)
• gender
• disability status (where available as self-identified information)
• visible minority (where available as self-identified information)
• aboriginal group (where available as self-identified information)
• education level (where available as self-identified information)
• El claim status
• El claim category (long-tenured worker, occasional claimant, frequent claimant)
• regular El claimant without declared earnings - yes/no
• seasonal user
• weekly benefit rate
• number of entitlement weeks
• renewal week
• benefit period commencement
• first week of the last claimant's report sent
• cut-off date (first insurable week}
• insured weeks/hours
• last week processed
• total number of weeks paid
• total benefits paid since the claim began
• last week worked
• insurable earnings
• National Occupational Classification (NOC) code of last job
• North American Industry Classification System (NAICS) code of last job

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

3.7 Nunavut understands that it cannot use any of the personal information received from Canada under this Annex for research or statistical purposes.

3.8 For the purposes of detecting overpayments of financial assistance due to error, misrepresentation or fraud in relation to an individual or individuals receiving, or who have received assistance from Nunavut under Nunavut programs funded under this LMDA. Canada will provide to Nunavut where available and upon written request, on a per individual basis, any or all of the following personal information under its control about an individual:

• name
• social insurance number
• birth date
• address
• postal code
• telephone number
• type of benefits
• benefit commencement period
• waiting period weeks (in week code)
• gross weekly benefit rate (excluding the family supplement)
• net weekly benefit rate (excluding the family supplement)
• claim termination date
• number of entitlement weeks
• last week processed (in week code)
• weeks paid (in week code}
• payment indicator for each of the declarations referenced
• name and address of employer who issued the last record of employment used to establish the El claim during which the client began participation in a Nunavut intervention
• NOC code of last job
• number of insurable hours of last job
• explanatory messages

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

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

• name
• social insurance number
• address
• postal code
• telephone number
• language (English or French)
• federal office code, if available
• Part I benefit period commencement
• Part I end date
• original El entitlement (in weeks)
• amended El entitlement (in weeks)
• total weeks paid to date
• last week processed
• intervention type
• training ID
• start week(s)/date(s) of intervention
• end week(s)/date(s) of intervention
• agreement/file number
• benefit rate
• last renewable week

3.11 Upon being provided with the information outlined in section 5.4 of this Annex, Canada will provide those Nunavut employees identified therein with the following information to permit electronic access to Canada's personal information outlined herein:

• employee name
• usercode number
• temporary password
• temporary authorization code

4.0 Information to be provided by Nunavut to Canada

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

• social insurance number
• name
• eligibility date

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

1. (a) to ensure that El clients who are active El claimants continue to receive the insurance benefits to which they are entitled while participating in a Nunavut program (for purposes of section 25 of the El Act):
   • name
   • social insurance number
   • territorial office code
   • intervention type (e.g. training, job creation, self-employment)
   • training ID (for training interventions)
   • institution code (if available)
   • start week(s)/date(s) of intervention
   • end week(s)/date(s) of intervention
   • intervention break start week/date
   • intervention break end week/date
   • authorization for absence from Canada during intervention, with dates, if applicable
   • agreement/file number
   • apprentice indicator
   • no claimant report code (for apprentices)
   • rate (El Part II)
2. (b) to allow Canada to verify the ongoing eligibility for, or entitlement to, insurance benefits (for the purposes of sections 25 and 27 of the El Act):
   • name
   • social insurance number
   • intervention type
   • date for absence from or for leaving the intervention early, prior to completion
   • reason for absence from, for departure, for abandoning, or for cancelling participation in the intervention, if known
3. (c) to allow Canada to determine the eligibility for, or entitlement to, insurance benefits of an individual who is authorized by Nunavut to quit their job in order to participate in a Nunavut program (for the purposes of section 25 of the El Act):
   • name
   • social insurance number
   • date on which the individual is authorized to quit their job (last day of work)
   • start date of participation in the Nunavut program, and rationale for any gap of more than two weeks
   • name and signature of designated authority, with date

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

1. (a) about each El client who is participating in Nunavut programs, and
2. (b) for each non-insured participant who is participating in Nunavut programs funded with El Part II monies,

for the purpose of assisting Canada in monitoring, assessing and evaluating the effectiveness of the assistance provided by Nunavut under Nunavut's programs, which Canada is required to do under Articles 7 and 9 of this LMDA:

• name
• social insurance number
• address
• postal code
• telephone number
• date of birth
• gender
• disability status/type (as self-identified information)
• visible minority (as self-identified information)
• aboriginal group (as self-identified information)
• educational attainment
• marital status
• family type
• number of dependents
• citizenship/immigration status
• immigration - date of arrival in Canada
• official language preferred (French or English)
• labour force attachment prior to intervention
• current/last employment, including NOC code, years of experience, part-time/full-time, start date, end date, salary, reason for leaving job
• type of benefit income from government sources
• El client status
• social assistance client status
• territorial office code
• action plan ID
• creation date of action plan
• start date of action plan
• territorial intervention code
• name of intervention in which individual is involved, including apprenticeship
• agreement/file number
• start date of intervention
• end date of intervention
• duration of intervention (days)
• language of intervention received (French or English)
• group services type
• group services completion date
• language of service (French or English)
• NOC code for training
• type of training institution
• training type/name
• for Self-Employment Benefit (SEB): type of assistance (coaching, business plan, ongoing technical assistance)
• intervention outcome (including reason for non-completion, where available)
• intervention result
• date of intervention result
• end date of action plan
• action plan outcome (e.g. completed or not completed)
• action plan result
• date of action plan result
• type of employment obtained {full-time/part-time)
• type of employment obtained (year round / seasonal)
• type of employer (e.g. private sector, public sector, non-profit organization)
• NOC code of employment obtained
• earnings (hourly/weekly/monthly)

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

4.4 For the purposes of detecting overpayments of insurance benefits under Part I of the El Act, due to error, misrepresentation or fraud, to an individual or individuals who are participating in, or have participated in Nunavut programs funded under this LMDA, Nunavut will provide to Canada upon written request on a per individual basis, any or all of the following personal information under its control about an individual:

• name
• social insurance number
• birth date
• address
• postal code
• telephone number
• reason for separation from employment, if known (pre-intervention)
• whether or not the client reported for an interview as directed
• interview details (counsellor seen/scheduled to be seen, date, time and location of interview)
• method used to direct client to report
• reasons for not reporting
• reason client is not capable of work/intervention/service
• reason client is not available for work/intervention/service
• authorization for absence from Canada during intervention, with dates, if applicable
• date(s) absent from Canada/area without authorization
• reason absent from Canada/area without authorization
• intervention type (e.g. training, job creation, self-employment)
• training ID (for training interventions)
• institution code (if available)
• start week(s)/date(s) of intervention
• end week(s)/date(s) of intervention
• intervention break start week/date
• intervention break end week/date
• agreement/file number
• apprentice indicator
• rate (El Part II)
• total number of weeks paid
• last week paid
• payment indicator for each El Part II payment referenced
• reason for withdrawal from program
• reason for termination from program
• reason earnings not reported to Canada during the weeks they were earned (if known)
• date of return to work
• employer name and address
• employer telephone number
• explanatory messages

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

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

• name
• social insurance number
• address
• postal code
• start week(s)/date(s) of Nunavut intervention
• end week(s)/date(s) of Nunavut intervention

4.7 Nunavut will provide to Canada the following personal information under Nunavut's control on the results of Nunavut's efforts to contact the individuals identified by Canada under section 3.5 of this Annex, for the purpose of assisting Canada in assessing the impact of those efforts in facilitating each individual's return to work, and verifying the individual's ongoing eligibility for, or entitlement to, employment insurance benefits under Part I of the El Act (for the purposes of sections 25 and 27 of the El Act):

• social insurance number
• date of successful contact
• results of contact
• date of scheduled interview with a designated official or case manager (if applicable)
• reason why the client did not appear for the scheduled interview (if applicable)
• comments

5.0 Personal security screening

5.1 In accordance with the legislative, regulatory and policy requirements of their employer, employees of both parties who access personal information provided by the other party under this Agreement must obtain a personal security screening level that is commensurate with the handling of personal information.

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

5.3 In the context of allowing a Nunavut employee to access Canada's systems and personal information held by Canada, Nunavut will provide to Canada written verification that the security screening check for each of their employees has been completed, along with an attestation that, in their judgment, any risks that may be associated with each of their employees so screened are acceptable to Canada. The verification will include the following personal and non-personal information under its control about each Nunavut employee who requires access to Canada's systems and information, and who has completed the security screening, as required in section 10.2 of this Annex.

• name, including middle name
• date of the security screening check completion
• name of approving authority
• position of approving authority
• signature of approving authority, with date

5.4 In the context of allowing a Nunavut employee to access Canada's systems and personal information held by Canada, Nunavut will provide to Canada the following personal and non-personal information under its control about each Nunavut employee who requires such access to Canada's systems and information and who has obtained a satisfactory personnel security screening level.

• name, including middle name
• unique personal identifier (not to exceed eight [8] characters)
• unique technological identifier
• territorial office code
• office location
• work e-mail address
• name of application to which the employee requires access
• full name, telephone number, mailing address, and e-mail address of Nunavut's Systems Access Coordinator
• date on which Nunavut's Systems Access Coordinator submits the request

5.5 Nunavut will inform Canada within 24 hours a Nunavut employee ceases to need access to any one of Canada's systems.

6.0 Information protection and security

The information received by each Party under this Agreement will be protected as provided for under the laws of Canada and in accordance with this Agreement. Personal Information is to be safeguarded at a high level of protection to ensure the integrity, privacy and security of the disclosure process.

6.1 In the event of a breach/incident involving personal information under the care of Canada, Nunavut will inform ESDC's Director, El Part II, Benefits and Measures, within 24 hours of being informed of the breach/incident and follow the process described in Appendix A.

7.0 Mode of information exchange

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

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

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

7.4 Nunavut may request improvements to Canada's applications used by Nunavut. If deemed appropriate, suggested improvements will be taken into account in Canada's priority-setting process. Nothing in this clause limits the development activities that must be pursued by both parties in order to ensure personal information exchange between the two organizations.

7.5 Canada agrees to inform Nunavut, in a timely manner, in accordance with the procedures agreed upon by both parties, of any new federal application or any new version of a federal application that is relevant to this Annex.

7.6 Canada and Nunavut are committed to ensuring that the personal information they provide to each other under this Annex is reliable and is provided in a timely, secure, and confidential manner, and they agree to work together in achieving this goal.

8.0 Confidentiality, use and disclosure

8.1 Canada and Nunavut undertake to use their best efforts to fully maintain and protect the confidentiality of the personal information they receive under this Annex.

8.2 Subject to sections 8.3 and 8.4, Canada and Nunavut shall not, in respect of any personal information they obtain from each other under this Annex:

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

8.3 Canada and Nunavut may use personal information they obtain from each other under this Annex for a purpose other than that for which it was obtained:

1. (a) with the consent of the individual to whom that information relates;
2. (b) with the written consent of the party that provided the information; or
3. (c) if required by legislation.

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

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

8.5 Unless otherwise required by law or authorized in writing by the other party and subject to section 8.2, a party shall not disclose any personal information, obtained from the other party under this Annex, to a third party for a purpose authorized herein unless there is a written agreement between that party and the third party imposing upon the third party obligations that are the same as those imposed upon that party under this Annex with respect to the protection of this information.

8.6 Nunavut acknowledges that it is an offence under the DESO Actfor anyone to knowingly make available information that is privileged thereunder or to knowingly use or allow such information to be used otherwise than in accordance with this Act. This provision applies to employees of Nunavut to whom the information is disclosed.

8.7 In the event of a request under Canada's Access to Information Act or Privacy Act for personal information obtained from Nunavut under this Annex, Canada agrees to consult, when required, with Nunavut prior to any disclosure of such information. In the event of a request under Nunavut's Access to Information and Protection of Privacy Act for information obtained from Canada under this Annex, Nunavut agrees to consult, when required, with Canada prior to any disclosure of such information. No consultation obligation referred to in this section will be construed as limiting any legal duty in respect of any disclosure referred to in this section.

9.0 Costs

9.1 Costs incurred by a party in carrying out its obligations under this Annex will be the responsibility of that party.

10.0 Information management

10.1 The personal information exchanged under this Annex shall be collected, used, maintained, stored, retained, disclosed, destroyed or disposed of and otherwise administered in accordance with:

1. (a) in the case of Canada, the Privacy Act, the DESO Act, the El Act, the Library and Archives of Canada Act, and regulations thereto, and any other applicable federal legislation, the Government of Canada's Policy on Government Security, as well as all applicable federal and departmental policies, protocols, operating directives, and guidelines, governing the administrative, technical and physical safeguarding and disposal of the personal information; and,
2. (b) in the case of Nunavut, the Access to Information and Protection of Privacy Act and regulations thereto, as well as all applicable territorial and departmental policies, protocols, operating directives, and guidelines governing the administrative, technical and physical safeguarding and disposal of the personal information.

10.2 In accordance with the legislative, regulatory and policy requirements of their Employer, employees of both parties who access personal information provided by the other party under this Annex must obtain a personnel security screening level that is commensurate with the handling of personal information, in accordance with 5.1 above.

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

10.4 The parties will investigate all cases where they have reasonable grounds to believe that any of the conditions set out in this Annex has been or is likely to be breached. This includes any cases where it is alleged, suspected, or there is evidence, that there has been unauthorized collection, access, use, disclosure, modification, disposal or destruction of the personal information exchanged under this Annex, modification of a permitted use, misuse, or breach of confidentiality, or any incident which might jeopardize or has jeopardized the security or integrity of the parties' respective computer systems or networks used to access and transmit the personal information, as outlined in Appendix A to this Annex.

10.5 The parties will comply with their respective policies related to the conducting of Privacy Impact Assessments (PIA) and Threat and Risk Assessments (TRA) covering the exchange of personal information under this Annex. When one party is conducting a PIA or TRA, the other party will provide information upon request related to their policies and procedures for managing the personal information provided by the first party, in order to facilitate the completion of the assessment. When the PIA or TRA is completed, the parties agree to provide a copy of the relevant portions of the related reports to each other.

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

1. (a) compliance with the requirements of section 10.1; and
2. (b) the security, confidentiality and integrity of the personal information exchanged under this Annex.

11.0 Accuracy of information

11.1 Each party will use its best efforts to ensure the completeness and accuracy of the personal information provided to the other under this Annex. However, it is understood and agreed that they cannot guarantee its accuracy and completeness and will, therefore, not be held responsible by the other party for any damage resulting from the transmission or use of any information that is inaccurate or incomplete.

12.0 Personal Information Collection Storage and Access

12.1 Except as may be permitted by Nunavut's Access to Information and Protection of Privacy Act (ATIPP Act), personal information (as defined therein) in Nunavut's custody or under Nunavut's control may only be stored or accessed in Canada.

12.2 Canada and Nunavut will cooperate to ensure that the provisions of Nunavut's Access to Information and Protection of Privacy Act (ATIPP Act) are respected.

13.0 General

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

Appendix A – Privacy breach requirements

A.1 In the event of a security incident involving personal information or privacy breach, which for the purpose of this agreement includes unauthorized access to or collection, use, disclosure, deletion, disposal or destruction of information, the party responsible for the privacy breach shall:

1. (a) take immediate and responsible steps to contain or limit the privacy breach (unauthorized access, use, disclosure, modification, destruction, disposal, misuse, or breach of confidentiality, or computer or network security breach), including but not limited to: stopping the unauthorized practice; recovering the records or personal information, where possible; shutting down access to information systems; revoking or changing computer and other access codes or correcting weaknesses in physical and/or IT security;
2. (b) promptly investigate the cause of the privacy breach;
3. (c) notify the other party;
4. (d) notify the appropriate authorities if criminal activity is suspected;
5. (e) notify the affected individual(s) whose personal information was inappropriately disclosed;
6. (f) cooperate with the other party and its Information and/or Privacy Commissioner
7. (g) and its contractors and auditors in any investigation into or audit of the events;
8. (h) following the investigation, provide a detailed written report of the circumstances related to any unauthorized access, use, disclosure, modification, destruction, disposal, misuse or breach of confidentiality or computer or network security breach to the other party;
9. (i) take reasonable steps requested by the other party to address the current situation or prevent a reoccurrence; and
10. (j) notify the other party of any remedial actions taken.

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

1. (a) review the steps proposed by the other party to address the current situation or prevent a recurrence of the non-compliance;
2. (b) request that the other party take specific steps to address the current situation or prevent a recurrence; and/or, for serious breaches, suspend the exchange of personal information under this Annex until satisfied that the other party has complied with the Annex and with any reasonable requests made under this subparagraph.

For ESDC

Director, El Part II, Benefits and Measures Skills Employment Branch
Employment Programs and Partnerships Directorate
Employment and Social Development Canada
Place du Portage, Phase IV
140 Promenade du Portage, Phase IV, Mailstop 424
Gatineau, Quebec K1A OJ9
LMDA-SUPPORT-EDMT@hrsdc-rhdcc.qc.ca

And,

Director, Access to Information and Privacy
Employment and Social Development Canada
Place du Portage, Phase IV
140 Promenade du Portage Gatineau, Quebec K1AOJ9

For Nunavut
Director,
Career Development Division, Department of Family Services,
P.O. Box 1000, Stn 980,
Iqaluit, Nunavut XOA OHO

Annex 5 – Letter of June 26, 1996 from Canada’s Deputy Minister of Human Resources Development

As a follow-up to Minister Young’s May 30, 1996 labour market proposal to all provinces and territories, I am writing to provide further information on the current and projected amount of funding which could be made available in your province under new labour market arrangements.

Enclosed is an illustrative summary of the funding available in your province for active labour market measures relating to Part II of the Employment Insurance (EI) legislation, as well as information on the funding available for all provinces and territories. The attached material also indicates for each province and territory the maximum amounts that could be provincially managed under new arrangements. This information applies to EI-related funding only. As indicated in earlier talk with you, CRF-funded programs will be discussed at a later date.

We are also providing you an explanation of how the funds are allocated among provinces and territories. The federal proposal released May 30, 1996 stated that the allocation of funding will be equitable, transparent and based on a standardized set of objective labour market variables. While the Reinvestment of Reform Savings and Transitional Jobs Fund are allocated based on new formulae designed to support adjustment to the new El system, the allocation of Employment Insurance funds (formerly Developmental Uses) will continue to be based on the existing formula that has been in place over the past several years. In recognition that some provinces may prefer a different allocation methodology for distribution of the $1.15 B in EI funds, the Government of Canada would be pleased to consider any alternative allocation methodology that provinces and territories may want to design jointly.

In our upcoming discussions with you, some elements will be key. As mentioned in the labour market proposal, one priority is the development of a jointly acceptable, results-based framework supporting the provision of active labour market measures. This will help ensure client access, jobs and savings.

Another key element will be the future employment of Human Resources Development (HRDC) staff. If a provincial or territorial government accepts greater responsibility for employment measures, we want to ensure that HRDC staff associated with these functions will have the opportunity to transfer. We will be guided in this respect by Human Resources Development Canada’s human resources principles (copy attached) which are based on the Government of Canada’s Alternative Service Delivery Initiatives as described in our Workforce Adjustment Directive.

I hope this information is useful and will help support a full consideration of Mr. Young’s proposal. We look forward to working with you to put in place new labour market arrangements.

Yours sincerely,

Jean-Jacques Noreau

Att.

Explanatory note