Canada – Prince Edward Island Labour Market Development Agreement

Year 2 review

9.1 Canada and Prince Edward Island agree to design and conduct a joint Year 2 Review of the implementation of this Agreement. The Year 2 Review will be conducted in fiscal year 2010/11 and completed in 2011/12. The purpose of the Year 2 Review will be to:

• (a) ensure that the Parties are properly implementing the provisions of this Agreement, including but not limited to:
  • (i) transition and implementation (progress towards full implementation and Employee Transfer Agreement);
  • (ii) governance;
  • (iii) priorities, plans, results, budgets;
  • (iv) data collection and reporting (including administrative data systems and data sources);
  • (v) communications (both internal and external);
  • (vi) provisions relating to funding;
  • (vii) implementation of the performance measurement framework;
  • (viii) development of an evaluation framework;
  • (ix) other matters including monitoring and accountability; and
• (b) inform potential improvements to this Agreement.

Evaluation

9.2 Canada and Prince Edward Island recognize the importance of evaluating the PEI Benefits and Measures in order to determine their impacts and outcomes. Prince Edward Island agrees, therefore, to carry out periodic evaluations of the PEI Benefits and Measures. The first impact evaluation will be conducted three to five years after implementation and subsequent evaluations will be conducted regularly, on a three to five year basis, as determined by the Designated Officials.

9.3 Prince Edward Island will advise Canada by notice in writing delivered on or before April 1, 2010 that Prince Edward Island has elected that either:

• (a) Articles 9.4 and 9.5 ("Option 1"); or
• (b) Articles 9. 6 through 9.8 inclusive ("Option 2")

shall apply to, and form part of, this Agreement and upon delivery of such notice those Articles so elected shall apply to and form part of this Agreement.

Option 1

9.4 Prince Edward Island may carry out the periodic evaluations on its own. Where this option is selected, Prince Edward Island agrees that in carrying out each evaluation it will:

• (a) develop an evaluation framework that adheres to commonly accepted evaluation practices and methodologies;
• (b) submit the evaluation design or framework for review and recommendations by an independent third party external evaluator;
• (c) before the evaluation is conducted, share the framework with Canada for review by the Designated Officials;
• (d) after the findings are obtained, submit the evaluation report to an independent third party external evaluator for review before it is finalized; and
• (e) provide a copy of the evaluation report to Canada for review by the Designated Officials.

9.5 The cost of the evaluations will be the responsibility of Prince Edward Island.

Option 2

9.6 Prince Edward Island may carry out periodic evaluations jointly with Canada. Where this option is selected, the Designated Officials will establish a joint evaluation committee comprised of representation from Canada and Prince Edward Island. One member from Canada and one member from Prince Edward Island will act as co-chairs.

9.7 The Joint Evaluation Committee will:

• (a) oversee the development of an evaluation framework that adheres to commonly accepted evaluation practices and methodologies;
• (b) submit the evaluation design or framework for review and recommendations by an independent third party external evaluation;
• (c) approve the evaluation framework;
• (d) undertake joint assessment and approval of a Request For Proposals and the winning bid :
• (e) oversee the conducting of the evaluation according to the plan laid out in the framework;
• (f) after the findings are obtained, submit the evaluation report to an independent third party external evaluator for review before it is finalized; and
• (g) approve the evaluation report.

9.8 Where this option is selected the cost of the joint evaluation will be the responsibility of Canada.

1.0 Purpose

1.1 The purpose of this Annex to the Canada-Prince Edward Island Labour Market Development Agreement (LMDA) is to describe the Benefits and Measures that will be provided by Prince Edward Island.

2.0 Objectives

2.1 The objective of Prince Edward Island Benefits and Measures is to assist individuals to successfully prepare for, obtain, and maintain employment. These benefits and measures will be offered within an innovative, integrated and cost-effective system of labour market programs and services that:

1. harmonizes with existing provincial employment initiatives to ensure seamless delivery;
2. supports Prince Edward Island in the development of priority sectors and economic growth;
3. develops and builds upon on the knowledge, skills and abilities of Prince Edward Islanders;
4. facilitates more efficient and effective matching of a skilled labour force with the current and emerging needs of employers;
5. partners with organizations to address labour market challenges facing employers and employees;
6. promotes employment growth and productivity; and
7. supports the Island Prosperity Strategy to build our talent pool by training highly skilled, creative and talented people.

2.2 Prince Edward Island will be responsible for selecting priority clients for Prince Edward Island benefits and measures but only EI Clients will be given access to Prince Edward Island Benefits funded under this Agreement.

3.0 Prince Edward Island Benefits

Prince Edward Island will provide the following benefits to enable EI clients to obtain employment.

• a) Employ PEI
  • This benefit will provide Prince Edward Island employers with wage subsidies to encourage them to hire EI clients. Under this benefit, financial support may also be provided to the EI client for work tools and equipment as well as other employment related supports.
• b) Work experience PEI
  • This benefit will provide financial support to employers and/or community based organizations for projects that provide EI clients with valuable work experience in a career of interest allowing them to acquire and improve skills and improve their long term employment prospects.
• c) Self-employ PEI
  • This benefit will assist EI clients in establishing their own businesses and becoming self-employed by providing financial assistance for entrepreneurship training, customized coaching and client supports.
• d) Skills PEI
  • This benefit will provide financial assistance to EI clients to enable them to acquire the skills necessary for employment. In the case of EI clients attending a publicly funded training institution, the financial assistance provided will cover the costs ordinarily paid by Prince Edward Island over and above the amounts recovered through tuition fees.
• e) PEI work entry
  • This benefit may provide temporary, targeted earnings supplements, including wage "top-ups" or other employment related supports, to encourage EI clients to accept employment. Temporarily topping up low-wage salaries encourages people to re-enter the labour force who would not enter at a lower wage rate.

4.0 Prince Edward Island measures

Prince Edward Island will provide three measures, described briefly below:

• a) Employment assistance services
  • This measure will provide funding to support organizations to assist individuals throughout the province in preparing for, obtaining, and maintaining employment. Services may include employment counseling, career planning, personal and professional development, job search training, labour connections and provision of labour market information. Services provided under this measure will be accessible to all unemployed persons and job seekers.
• b) Labour market partnerships
  • This measure will provide support to employers, employer or employee associations, community groups and communities in developing and implementing strategies for dealing with labour force adjustments and meeting human resource requirements. This measure may be used to provide assistance for employed persons who are facing loss of employment.
• c) Research and innovation
  • This measure will provide funding to support research and innovation projects and activities which identify better ways of helping persons prepare for or keep employment and be productive participants in the labour force.

1.0 Purpose

The purpose of this Annex is to set out

• (a) the National Employment Service (NES) function delegated to Prince Edward Island by the Canada Employment Insurance Commission and,
• (b) the activities to be undertaken in establishing effective links between the Parties to facilitate and coordinate the operation of local, provincial and national labour exchange systems and the production and dissemination of local, provincial and national labour market information (LMI).

2.0 Delegation of labour exchange function

2.1 Prince Edward Island shall maintain labour exchange in a manner that allows universal access by all clients and to the timely transfer of information to the national labour exchange system as the parties to the Agreement agree to be appropriate.

3.0 Cooperation on Labour Market Information

3.1 Canada and Prince Edward Island agree to the preparation of a joint labour market information strategy which will set out how each party will cooperate in gathering, analyzing, producing, disseminating and using local, provincial and national labour market information to support economic progress.

3.2 In the joint Strategy, Canada and Prince Edward Island agree to clarify their respective roles and responsibilities, to encourage partnerships and ensure complementarily such that there is no unnecessary overlap and duplication.

3.3 Canada is responsible for the National Labour Market Information System, including the National Labour Market Information ("LMI") System with which it will produce and disseminate labour market information and products connected with proper management of the Employment Insurance Account, entitlement to and continuation of EI benefits, and information for Employment Insurance users, as well as those required for the planning and delivery of HRSDC activities relating to this Agreement.

3.4 Prince Edward Island will be responsible for producing local, regional and provincial labour market information needed to assume the responsibilities conferred on it in this Agreement, as well as disseminating within Prince Edward Island, labour market information relating to the implementation of this Agreement and participating in and maintaining a link with the National Labour Market Information System.

3.5 Local, regional, provincial and national labour market information may include:

• (a) occupational profiles and forecasts;
• (b) community profiles;
• (c) demographic and labour force profiles and forecasts;
• (d) industrial/sectoral profiles and forecasts;
• (e) wage and salary data;
• (f) conditions of employment;
• (g) vacancy and employment opportunities;
• (h) labour market reviews and trends;
• (i) occupational demand and skill shortage lists;
• (j) potential employer lists;
• (k) lists of training providers and available courses;
• (l) major project updates;
• (m) career resource planning tools; and
• (n) work search tools.

1.0 Purpose

1.1 The purpose of this Annex to the Canada- Prince Edward Island Labour Market Development Agreement (LMDA) is to describe the service delivery approach for Prince Edward Island Benefits and Measures outlined in Annex 1 and the delegated National Employment Services functions as outlined in Annex 2.

2.0 Service delivery principles

2.1 Prince Edward Island will be guided by following principles of service to clients:

• (a) citizen centered services which facilitate ease of access for a broad range of client groups;
• (b) respectful and individual service;
• (c) programming that endorses continuous quality improvement (incorporating best practices, expertise, learning from local experience and that of other jurisdictions);
• (d) provide an array of integrated labour market services which are flexible, innovative and responsive to the changing labour market;
• (e) labour market planning validated by labour market analysis of local and provincial data and information;
• (f) measurable results within a well defined framework of accountability; and
• (g) communicative, interactive, engaged and responsive relationships and partnerships with business, workers, and other stakeholders will reflect the needs of these participants to guide labour market development.

3.0 Service delivery approach

3.1 The Ministry of Innovation and Advanced Learning is the provincial organization that will assume lead responsibility of delivery of PEI Benefits and Measures and incorporate transferring federal staff into its Human Resource Development Agency.

3.2 The delivery of Employment Benefits and Measures will be guided by the Province’s economic development strategy – Island Prosperity A Focus for Change – while at the same time providing support to eligible clients as articulated in the Labour Market Development Agreement.

3.3 Prince Edward Island will follow the historical tradition established by Human Resources and Social Development Canada and continue delivery of benefits and measures in many decentralized locations across PEI.

3.4 Prince Edward Island will establish four (4) employment delivery sites (Charlottetown, Summerside, Montague, and O’Leary) with two (2) outreach sites in the francophone community of Wellington and the community of Souris.

3.5 PEI has established eight (8) Access Sites throughout the province that deliver approximately 200 provincial government programs and services on behalf of many government departments. These sites have been in operation for over ten (10) years. The locations (identified in 3.4 above) have established Access Sites and, where accommodation is available, delivery of benefits and measures will be offered from those sites.

3.6 Prince Edward Island will coordinate the delivery of PEI Benefits and Measures and related programs and services through an integrated service delivery approach, both directly through staff of the Department of Innovation and Advanced Learning (and crown corporations) as well as indirectly, through a network of third party service providers (such as community based organizations, municipalities, employers, employer and employee associations, and public, private and not for profit trainers).

3.7 Prince Edward Island will provide service to a broad range of clients including employers, unemployed persons, EI clients, social assistance recipients, and underemployed persons.

3.8 Prince Edward Island’s delivery approach will support the demand side of the labour market; helping employers to identify and meet their current and emerging skills needs, conduct human resource planning, increase productivity through skills enhancement, provide timely labour market information to support the effective functioning of the labour market, and identify skills training priorities.

3.9 The service delivery model will ensure that there will be strong linkages between Prince Edward Island and Canada in relation to Employment Insurance (Part I) to support rapid re-employment of EI claimants and will help to reduce dependence on federal and provincial assistance.

3.10 Prince Edward Island will promote and incorporate a local planning process involving stakeholders to ensure that programs and services are current and tailored to meet the needs of clients as well as local and regional economic development.

1.0 Purpose

The purpose of this Annex is to set out the agreement of the parties on the indicators to be used for measuring the results of the PEI Benefits and Measures, the annual results target setting process, and annual results reporting.

2.0 Results measurement indicators

2.1 Canada and Prince Edward Island agree that the following indicators are to be used in measuring the results of the PEI Benefits and Measures:

• (a) the number of Active EI Claimants who have accessed PEI Benefits and Measures;
• (b) the number of EI Clients returned to employment; and
• (c) savings to the Employment Insurance Account.

3.0 Annual targets and target-setting

3.1 Canada and Prince Edward Island agree that the annual targets for the three results indicators will be mutually agreed to and be based upon historical data, socio-economic and labour market context, local or regional priorities, the characteristics or requirements of clients, and the funds available for the PEI Benefits and Measures. Canada and Prince Edward Island agree that the results targets for the first Fiscal Year of implementation of the PEI Benefits and Measures will be soft targets.

3.2 The results targets for each Fiscal Year will be set out in the Annual Annex for that Fiscal Year.

4.0 Reporting of results

4.1 Canada and Prince Edward Island agree that the results indicators will be tracked and reported to Canada on a quarterly basis and Prince Edward Island will provide to the Regional Executive Head, Service Canada responsible for Prince Edward Island, on the Year-to-Date ("YTD") the following information:

• (a) Percentage of EI clients involved in Prince Edward Island Benefits who are Active EI Claimants;
• (b) Number of EI clients and the number of Active EI Claimants who are employed or self-employed, broken down by Prince Edward Island Benefit and the average cost. EI clients (including Active EI Claimants) are considered as employed if they:
  • (i) have drawn 25 percent or less of their Employment Insurance entitlement for twelve consecutive weeks (applies to Active EI Claimants who return to employment twelve weeks or more before the end of their benefit period), or
  • (ii) draw 25 percent or less of their Employment Insurance entitlement in all their remaining weeks on benefits (applies to active EI claimants who return to employment less than twelve weeks before the end of their benefit period); or,
  • (iii) are recorded as employed at the completion of their intervention(s) (applies to EI clients who return to employment after the end of their benefit period or who were not Active EI Claimants); or,
  • (iv) are employed when contacted twelve weeks after the completion of their intervention(s) (applies to insured participants who return to employment after the end of their benefit period or who were not active EI claimants);
• (c) Year-to-Date savings to the Employment Insurance Account as a result of active EI claimants becoming employed before making a full draw on their insurance entitlement (Part I insurance benefit entitlement minus actual Part I payout); and
• (d) the number of EI clients and the number of active EI claimants who have completed their intervention, broken down by type and average cost per intervention, as well as the number of active EI claimants who have yet to complete their intervention.

1.0 Purpose

1.1 The purpose of this Annex to the Canada-Prince Edward Island Labour Market Development Agreement (LMDA) is to provide for the exchange of information, including personal information, as defined in section 3 of the Privacy Act and section 35 of the PEI Freedom of Information and Protection of Privacy Act (FOIPPA) between the parties. Personal information includes social insurance number.

2.0 Authorities

Canada to Prince Edward Island:

2.1 With respect to the information to be provided by Canada to Prince Edward Island under section 3 to this Annex, Canada confirms that it is authorized under section 34(1) of the Department of Human Resources and Skills Development Act (DHRSD Act) to provide such personal information to Prince Edward Island for the purposes set out in section 3. In this regard:

• (a) the personal information set out in section 3 consists of information obtained by the Canada Employment Insurance Commission or the Department of Human Resources and Skills Development, styled as the Department of Human Resources and Social Development, from persons under the Employment Insurance (EI) Act, and of information prepared from such information;
• (b) subsection 34(1) of the DHRSD 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
• (c) the personal information described in section 3 of this Annex will be disclosed to Prince Edward Island only for the purposes described herein.

Prince Edward Island to Canada:

2.2 With respect to the personal information to be provided by Prince Edward Island to Canada, under section 4 of this Annex, Prince Edward Island confirms that it is authorized under section 35 of the PEI Freedom of Information and Protection of Privacy Act to provide such information to Canada for the purpose set out in section 4.

3.0 Information to be provided by Canada to Prince Edward Island

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

• (a) assisting Prince Edward Island in establishing and verifying if the individual qualifies as an EI client (who is not an active EI claimant) and is therefore eligible for, or entitled to, assistance under Prince Edward Island programs:
  • name
  • social insurance number
  • address
  • postal code
  • telephone number
  • date of birth
  • responsible Service Canada Centre - if available
  • gender
  • language (French or English)
  • EI client status
• (b) and, in respect of an individual, who has been determined to be an active EI claimant eligible for, or entitled to, assistance under Prince Edward Island programs, assisting Prince Edward Island in determining the nature and level of financial assistance to be provided to the EI client under Prince Edward Island programs:
  • name
  • social insurance number
  • address
  • postal code
  • telephone number
  • date of birth
  • responsible Service Canada Centre - if available
  • gender
  • language (French or English)
  • EI client status
  • number of previous claims in the last five years (60 months)
  • disqualified - yes/no
  • if yes - number of disqualification weeks
  • if yes - disqualification effective date
  • if yes - disqualification weeks remaining
  • disentitlement - yes/no
  • if yes - disentitlement start date
  • if yes - disentitlement end date
  • disentitlement/disqualification messages according to reason codes:
  • disentitlement suspension possible for Part II - Contact Service Canada
  • disentitlement cannot be suspended. Client not eligible for Part 1
  • disqualification suspended for Part II
  • disqualification cannot be suspended. Client not eligible for Part 1
  • stop payment - yes/no
  • if yes - date of stop payment
  • type of benefit (claim type e.g. regular etc.)
  • benefit period commencement (BPC)
  • last week processed
  • week of renewal
  • EI benefit rate - Part I
  • federal tax deducted
  • provincial tax deducted
  • number of eligible weeks
  • number of weeks paid (number of weeks paid special benefits and number of weeks paid regular benefits identified if on same claim)
  • Expected End Date of Part I
  • identification if on measure -
  • "Notice: client is currently on an intervention - dates of intervention"
  • "Notice: interventions taken on own initiative - dates"
  • "Notice: the client is participating on his/her own self-employment initiative - dates of initiative
  • identification if about to commence a measure - "Notice: Client to commence intervention on (date)"
  • identification if recently participated on a measure - "Notice: the client was previously on an intervention, dates."
  • Provincial/Territorial parental benefit applied for - Client payments not initiated - Contact Service Canada Centre.
  • "Active Claim - Provincial/Territorial parental benefits" - Provincial Parental Benefits may be considered the same as EI maternity, paternity or parental benefits - Contact Service Canada Centre.
  • Yes (D56/D57)
  • Yes - Contact Service Canada (this is when there is a reachback Provincial Parental Benefit)
  • No
  • N/A
  • apprenticeship (yes/no)
  • apprenticeship waiting period waived (yes/no)
  • allocation of earnings weekly amount
  • allocation of earnings
  • start date of allocation of earnings
  • end date of allocation of earnings
  • last week of allocations of earnings

3.2 Upon request, on a per individual basis, Canada will provide to Prince Edward Island all or any of the following personal information under its control on all EI clients who have received assistance from Prince Edward Island under Prince Edward Island programs for use by Prince Edward Island in modifying, updating and/or reviewing the information submitted to Canada. This information was initially provided to Canada pursuant to section 4.1 of this Annex, regarding the referral by Prince Edward Island, for purposes of Section 25 of the EI Act, of an active EI claimant to a Prince Edward Island training or self-employment program:

• name
• social insurance number
• Service Canada Centre code
• project type
• train(ing) ID
• start week(s)/date(s) of intervention
• end week(s)/date(s) of intervention
• project Responsibility Centre
• project number
• apprentice indicator
• intervention break start week/date
• intervention break end week/date
• agreement number
• institution code (if available)
• no claimant report code
• rate ( EI Part II)

3.3 Canada will provide to Prince Edward Island all or any of the following personal information under its control on all EI clients and non- EI clients who have received assistance from Prince Edward Island under Prince Edward Island programs, for use by Prince Edward Island 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.

3.3.1 Based on the monthly EI client and non-insured participant files (interventions) provided by Prince Edward Island in section 4.2, the following personal information will be provided to Prince Edward Island by Canada in a return file to assist Prince Edward Island in reviewing and verifying Canada’s reporting of results:

• social insurance number
• apprenticeship client indicator
• benefit rate
• benefit period commencement
• last week of entitlement
• month code
• unpaid benefits
• last week processed
• new benefit period commencement
• total weeks paid
• training ID
• training/self-employment project start week
• training/self-employment project end week
• unit 43 - active EI claimants employed before end of insurance entitlement period as a result of a Prince Edward Island program
• unit 44 - active EI claimants employed after insurance entitlement period as a result of a Prince Edward Island program
• unit 45 - non case-managed active EI claimants employed before the end of their entitlement period as a result of a group service
• unit 46 - former EI claimants employed as a result of a Prince Edward Island program
• unit 52 - unpaid benefits (EI Part I) resulting from EI claimants employed before end of insurance entitlement period, as a result of a Prince Edward Island program (corresponds to unit 43 - non-TWS)
• unit 53 - unpaid benefits (EI Part I) resulting from EI claimants employed before end of insurance entitlement period as a result of a Prince Edward Island Targeted Wage Subsidy intervention (wage subsidy corresponds to unit 43 - TWS program)
• unit 54 - unpaid benefits (EI Part I) resulting from EI claimants employed before end of insurance entitlement period as a result of a group service (corresponds to unit 45)
• unit 143 - LMDA EI claimant who finds employment before the end of their entitlement period as a result of a Prince Edward Island program
• unit 144 - LMDA EI claimant who is recorded as employed after their entitlement period
• unit 145 - LMDA EI claimant who becomes employed before the end of their entitlement period as a result of Group Services
• unit 146 - former LMDA EI claimant who becomes employed as a result of an Prince Edward Island program
• unit 152 - EI LMDA unpaid benefits (EI Part I) resulting from EI claimants employed before end of insurance entitlement period, as a result of a Prince Edward Island program (corresponds to unit 143 non - TWS)
• unit 153 - EI LMDA unpaid benefits (EI Part I) resulting from EI claimants employed before end of insurance entitlement period as a result of a Targeted Wage Subsidy intervention (wage subsidy - corresponds to unit 143 - TWS program)
• unit 154 - EI LMDA unpaid benefits (EI Part I) resulting from EI claimants employed before end of insurance entitlement period as a result of a group service (corresponds to unit 145)
• result week of action plan/intervention
• result date of action plan/intervention
• action plan result
• result week
• intervention code
• intervention start date
• intervention end date
• provincial Responsibility Center code
• weeks paid sub-counter
• initial benefit period
• EI client status
• group services type
• date of group session

3.4 Upon request, and based on the monthly EI client and non-insured participant files (interventions) provided by Prince Edward Island in section 4.2, the following personal information will be provided to Prince Edward Island for the review and verification of Canada’s reporting of results. The personal information will be provided in two different formats. One format will be structured for determining clients served and the other for non-insured participants (interventions) (intervention counts and designated group information):

• social insurance number
• age
• action plan result
• EI client type
• action plan creation date
• action plan start date
• action plan end date
• action plan result
• action plan result date
• designated group indicators (persons with disabilities, members of visible minority groups, women, aboriginal peoples)
• intervention start date
• intervention end date
• missing action plan indicator
• gender
• Responsibility Center code
• intervention code (type of intervention)

3.5 Upon being provided with the criteria by the Prince Edward Island, Canada will search its records and provide to Prince Edward Island the following personal information under its control with respect to EI clients who are active EI claimants residing in Prince Edward Island who meet the criteria. The provision of this information is for the purpose of assisting Prince Edward Island in contacting active EI claimants who may be interested in receiving assistance under Prince Edward Island programs:

• name
• address including postal code
• phone number including area code
• official language of service (written)
• official language of service (spoken)

3.6 Upon request, Canada will provide to Prince Edward Island the following personal information under its control on all EI clients residing in Prince Edward Island to assist Prince Edward Island in the strategic planning of the delivery of its programs:

• postal code
• benefit period commencement
• weeks paid
• claim type
• EI claim status
• number of entitlement weeks
• renewal week
• first week of the last claimant’s report sent
• insured weeks/hours
• National Occupation Classification (NOC) code
• last week processed
• gender (where available as self-identified information)
• disability status (where available as self-identified information)
• visible minority (where available as self-identified information)
• aboriginal group (where available as self-identified information)
• date of birth - month and year
• preferred official language spoken (French or English)

Any reports created which will involve these data elements must be in cells of no less than 10.

3.7 Upon being provided with the information outlined in section 4.3 of this Annex, Canada will provide those Prince Edward Island 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

3.8 Prince Edward Island understands that it cannot use any of the personal information received from Canada under this annex for research or statistical purposes.

3.8.1 Should Prince Edward Island wish to receive personal information for research and/or statistical purposes, Canada will assess each request on a case by case basis. Canada may make personal information available to Prince Edward Island for research and/or statistical purposes upon being satisfied that the conditions set out in section 38 of the DHRSD Act are met. The information to be shared would be the subject of a separate information sharing agreement.

3.9 For the purposes of

• (a) detecting overpayments of financial assistance due to error, misrepresentation or fraud,
• (b) collecting or recovering overpayments, or
• (c) instituting legal proceedings

in relation to an individual or individuals receiving, or who have received assistance from Prince Edward Island under Prince Edward Island programs funded under this LMDA, Canada will provide to Prince Edward Island where available and upon written request, on a per individual basis, the following personal information under its control about an individual:

• name
• social insurance number
• address including postal code
• benefit commencement period
• claim termination date
• number of entitlement weeks
• weekly benefit rate (gross)
• weekly benefit rate (net)

4.0 Information to be provided by Prince Edward Island to Canada

4.1 Prince Edward Island will provide to Canada the following personal information under its control about each EI client receiving assistance under Prince Edward Island programs for the purposes of assisting Canada in verifying client eligibility for, or entitlement to, insurance benefits under Part I of the EI Act, and ensuring that EI clients who are active EI claimants continue to receive the insurance benefits to which they are entitled while participating in a Prince Edward Island program (for purposes of section 25 of the EI Act):

• name
• social insurance number
• project type
• training ID
• start week(s)/date(s) of intervention
• end week(s)/date(s) of intervention
• project Responsibility Center
• project number
• apprentice indicator
• intervention break start week/date
• intervention break end week/date
• agreement number
• institution code (if available)
• no claimant report code
• rate ( EI Part II)

4.2 Where available, Prince Edward Island will provide to Canada the following personal information under its control

• (a) about each EI client who is participating in Prince Edward Island programs, and
• (b) for each non-insured participant who is participating in Prince Edward Island programs funded with EI Part II monies, for the purpose of assisting Canada in monitoring, assessing and evaluating the effectiveness of the assistance provided by Prince Edward Island under Prince Edward Island programs which Canada is required to do under Article 11 of this LMDA:
  • name
  • social insurance number
  • address
  • postal code
  • date of birth
  • telephone number, including area code
  • gender (as self-identified information)
  • marital status
  • family type
  • number of dependents
  • disability status/type (as self-identified information)
  • visible minority (as self-identified information)
  • aboriginal group (as self-identified information)
  • youth at risk
  • name of intervention in which individual is involved, including apprenticeship
  • provincial intervention code
  • start date(s) of intervention
  • end date(s) of intervention
  • duration of intervention (hours/weeks)
  • start/creation date(s) of action plan
  • end date(s) of action plan
  • NOC for training
  • action plan result
  • educational attainment, including post-secondary
  • type of employment obtained (full-time/part-time )
  • NOC code of employment obtained
  • date of action plan result
  • official language preferred (French or English)
  • language of service (French or English)
  • language of intervention received (French or English)
  • intervention outcome (including reason for non-completion, where available)
  • group services type
  • group services completion date
  • provincial responsibility code
  • earnings (hourly/weekly/monthly)
  • EI client status
  • client social assistance status
  • type of benefit income from government sources
  • labour force attachment prior to intervention
  • case file number/file number
  • citizenship/immigration status
  • immigration - date of arrival in Canada
  • current/last employment, including NOC code, years of experience, part- time/full-time, start date, end date, salary, reason for leaving job
  • intervention code
  • type of training institution (public/private), part-time/full-time attendance, program name
  • year round / seasonal job
  • type of employer (private sector, non-profit organization)
  • Self-Employment Benefit (SEB) type of assistance (coaching, business plan, ongoing technical assistance)
  • record last access date

The above information will be updated by Prince Edward Island on a monthly basis.

4.3 Prince Edward Island will provide to Canada the following personal and non-personal information under its control about each provincial employee who requires access to Canada’s systems and who has completed the security screening, as required in section 8.2 of this Annex:

• name, including middle name
• date of birth
• unique personal identifier (not to exceed 8 characters)
• Responsibility Centre
• user’s email address
• Public Key Infrastructure
• application required:
  • LMDA Access
  • CSGC (must include Responsibility Center and access level)
• date of reliability check completion
• name of approving authority
• position of approving authority
• signature of approving authority
• date authority approved

4.4 For the purposes of

• (a) detecting overpayments of insurance benefits under Part I of the EI Act, due to error, misrepresentation or fraud, to an individual or individuals who are participating in, or have participated in Prince Edward Island programs funded under this Agreement ,
• (b) collecting or recovering overpayments of Part I benefits to an individual referred to in paragraph (a), or
• (c) instituting legal proceedings in relation the matters referred to in paragraphs (a) and (b),

Prince Edward Island 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
• address
• social insurance number
• reason client is not capable of work/intervention/service
• reason client is not available for work/intervention/service
• reason earnings not reported to Canada during the weeks they were earned
• date(s) absent from Canada/area without authorization
• reason absent from Canada/area without authorization
• reason for separation from employment
• 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 (e.g. no contact, not interested in service, family obligations, transportation difficulties, unable to attend - and any reasons given, withdrawal from the labour force - and any reasons given)
• date of return to work
• employer name
• employer phone number including area code
• reason for withdrawal from program
• reason for termination from program

4.5 Prince Edward Island may also, on its own initiative, provide to Canada the information listed in section 4.4 about any individual who has received, or is receiving, assistance under Prince Edward Island programs where it suspects that the individual was/is not entitled to that assistance, and/or may have received or be receiving insurance benefits under Part I of the EI Act to which the individual was/is not entitled.

5.0 Mode of information exchange

5.1 Personal information covered by this Annex will be provided by each party in a mutually agreed format, frequency and manner.

5.2 Canada and Prince Edward Island 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.

5.3 Prince Edward Island may request improvements to Canada’s applications used by Prince Edward Island. 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.

5.4 Canada agrees to inform Prince Edward Island, 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.

5.5 Canada and Prince Edward Island agree to enter into a separate service level agreement outlining systems and security requirements.

5.6 Canada and Prince Edward Island 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.

6.0 Confidentiality, use and disclosure

6.1 Canada and Prince Edward Island undertake to use their best efforts to fully maintain and protect the confidentiality of the personal information they receive under this Annex.

6.2 Subject to sections 6.3 and 6.4, Canada and Prince Edward Island shall not, in respect of any personal information they obtain from each other under this Annex

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

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

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

6.4 Canada and Prince Edward Island may disclose personal information they obtain from each other under this Annex to any person or body for any purpose:

• (a) with the 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.

6.5 Unless authorized in writing by the other party and subject to section 6.2, 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.

6.6 In the event of a request under Canada's Access to Information Act or Privacy Act for personal information obtained from Prince Edward Island under this Annex, Canada agrees to consult, when required, with Prince Edward Island prior to any disclosure of such information. In the event of a request under Prince Edward Island Freedom of Information and Protection of Privacy Act for information obtained from Canada under this Annex, Prince Edward Island agrees to consult, when required, with Canada prior to any disclosure of such information.

6.7 The exchange of personal information between Canada and Prince Edward Island as a result of Prince Edward Island use of Canada's Common System for Grants and Contributions to manage its programs, on an interim basis, will be addressed in a separate Interim Corporate Management Agreement to be entered into between the parties following the signing of this LMDA.

6.8 For greater certainty,

6.8.1"Interim Corporate Management Agreement" ("ICMA") means the agreement entered into between Canada and Prince Edward Island for the purpose of establishing, on an interim basis, the terms and conditions governing the use by Prince Edward Island of Canada’s Common System for Grants and Contributions (CSGC) and the processes related to the financial management to support Prince Edward Island programs, and

6.8.2 "Common System for Grants and Contributions" or "CSGC" - means Canada’s system through which financial and non financial data are captured and tracked in relation to grant and contribution recipients.

7.0 Costs

7.1 Costs incurred by a party in carrying out its obligations hereunder will be the responsibility of that party.

8.0 Information management

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

• (a) in the case of Canada, the Privacy Act, the Department of Human Resources and Skills Development Act, the Employment Insurance Act, the Library and Archives of Canada Act, the Government of Canada Security Policy, applicable departmental policies and protocols and supporting operating directives and guidelines, covering the administrative, technical and physical safeguarding of the personal information; and,
• (b) in the case of Prince Edward Island , the Freedom of Information and Protection of Privacy Act and regulations and any related data security and retention of records directives, policies and guidelines covering the administrative, technical and physical safeguarding of the personal information.

8.2 In addition to the requirements outlined in subsection 8.1, individuals with access to personal information provided by Canada must obtain a "Reliability Status" as required by the federal Government Security Policy.

8.3 The parties will take all reasonable measures to observe the personal information management requirements mentioned in subsection 8.1 to ensure the security, confidentiality and integrity of information exchanged under this Annex and to safeguard the information against accidental or unauthorized access, disclosure, use, modification and deletion.

8.4 Each party will promptly notify the other party of any unauthorized disclosure or use of the personal information and will furnish the other party with full details of the unauthorized disclosure or use of that information.

8.5 In the event of an occurrence described in subsection 8.4 above, the party responsible for the security, confidentiality and integrity of the personal information will promptly take corrective action to remedy the situation and take all reasonable steps to prevent a recurrence of the event.

8.6 The parties will, on a periodic and mutually agreed upon basis and format, audit their respective information management practices and procedures as appropriate, at intervals of not greater than every 5 years, to ensure:

• (a) compliance with the requirements of subsection 8.1, and
• (b) the security, confidentiality and integrity of the personal information exchanged under this Annex.

The parties agree to provide a copy of their respective audit reports to each other.

8.7 Where deficiencies in a party’s information management practices affecting compliance with the requirements of subsection 8.1 or the security, confidentiality and integrity of information exchanged under this Annex are identified in an audit report, the party concerned shall take appropriate corrective action to remedy these deficiencies.

9.0 Accuracy of information

9.1 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.

10.0 General

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