Agreement to Amend the Canada-Alberta Labour Market Development Agreement

Information for reference

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

On this page

List of acronyms and abbreviations

Alberta: The Government of Alberta
BPC: Benefit Period Commencement
Canada: The Government of Canada
COPS: Canadian Occupational Projection System
DESD Act: Department of Employment and Social Development Act
EI Act: Employment Insurance Act
FLMM: Forum of Labour Market Ministers
FOIP Act: Freedom of Information and Protection of Privacy Act IT: Information Technology
LMDA: Labour Market Development Agreement
NES: National Employment Service
NLMIS: National Labour Market Information System
NOC: National Occupation Classification
PIA: Privacy Impact Assessments
PSSC: Personnel Security Screening Check
P/TPB: Provincial/Territorial Parental Benefits
TRA: Threat and Risk Assessments
TWS: Targeted Wage Subsidy
WDA: Workforce Development Agreement

Between

The Government of Canada (hereinafter referred to as "Canada") as represented by the Minister of Employment and Social Development styled as the Minister of Families, Children and Social Development and the Canada Employment Insurance Commission;

And

The Government of Alberta (hereinafter referred to as "Alberta") as represented by the Minister of Education and Training.

Hereinafter referred to as “the parties”.

Preamble

Whereas the parties executed the Canada-Alberta Labour Market Development Agreement (“Canada- Alberta LMDA”) on December 6, 1996;

Whereas in Budget 2017, the Government of Canada announced that it would invest an additional $1.8 billion for fiscal years 2017-2018 to 2022-2023 to the funding provided annually to the provinces and territories under the Labour Market Development Agreements (LMDA) to help Canadians looking for work by providing them with more opportunities to upgrade their skills, gain experience, start their own business, and by providing more support to help them plan their career;

Whereas in order to modernize its labour market transfer agreements Canada also wishes to align various provisions of the LMDAs with the new Workforce Development Agreements (WDA);

Whereas Canada and Alberta have agreed to objectives, principles and areas of focus for investment under the LMDA and WDA in building an integrated, client-centered, outcomes-driven employment and training model in Alberta;

Whereas Canada and Alberta recognize the importance of engaging and working collaboratively and respectfully with Aboriginal partners;

Whereas Canada and Alberta recognize the importance of considering the needs of underrepresented groups relevant to each jurisdiction, including women, youth and persons with disabilities;

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

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

Whereas evaluations show that early interventions are associated with positive impacts on earnings and employment for participants to activities under the LMDAs;

Whereas on June 22, 2017, the Budget Implementation Act, 2017, No. 1 amended the Employment Insurance Act (EI Act) to broaden eligibility for the assistance that may be provided under Employment Benefits and Support Measures established under Part II of that Act effective April 1, 2018;

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

Therefore, the parties agree to amend the Canada-Alberta LMDA as follows:

Clauses

  1. The definitions of “insured participant” and "provincial measure", in section 1.2 are replaced by the following:

    "insured participant" means an unemployed person who, when requesting assistance under a provincial benefit or measure:

    1. is an active EI claimant; or,
    2. had a benefit period that ended within the previous 60 months; or
    3. has a benefit period established under a "provincial plan" as that term is defined in section 76.01 of the Employment Insurance Regulations, or has had that benefit period end within the previous 60 months, and who would have been entitled to receive special benefits under sections 22 or 23 of the EI Act had they not been entitled to receive provincial benefits, as this term is defined in section 76.01 of the Employment Insurance Regulations, under the "provincial plan"; or
    4. paid employee’s premiums as defined in section 2 of the EI Act in at least five of the previous 10 calendar years and in respect of these premiums, was not entitled to a refund under subsection 96(4) of the EI Act.

    "provincial measure" means a labour market development program to support:

    1. organizations that provide employment assistance services;
    2. employers, employee or employer associations, community groups and communities in developing and implementing strategies for dealing with labour force adjustments and meeting human resource requirements; or
    3. research and innovative projects to identify better ways of helping persons prepare for, return to or keep employment and be productive participants in the labour force;

    that is developed by Alberta in accordance with the plan set out in the reference document 1997-98 Plan for Provincial Programs and Services under the Canada-Alberta Labour Market Agreement; described in the annual plan referred to in section 3.2.1; and, provided by Alberta under section 3.1;

    It is understood that a provincial measure to 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 may be used to provide assistance for employed persons who are facing loss of employment or who need that assistance to maintain their employment;

  2. The following section is added immediately before section 3.0:

    2.01 Principles, objectives and areas of focus

    2.01.1 Canada and Alberta agree that the objectives of this Agreement are the following:

    1. Foster inclusive labour market participation: Help all individuals access labour market opportunities; and support successful integration of those facing obstacles to finding and maintaining employment;
    2. Align skills with labour market needs: Help workers and employers access the skills they need to adapt to the changing requirements of jobs and the labour market; and encourage employer involvement in training and continuous learning opportunities for workers; and
    3. Create efficient labour markets: Support strong and responsive labour market infrastructure to allow for timely and effective labour market programming which contributes to improved productivity and economic growth.

    2.01.2 Canada and Alberta accept the principles of this Agreement as set out below:

    1. Client-centred: Flexibility to meet the needs of unemployed, underemployed and precariously employed individuals and employers using the best available labour market information; and minimize barriers in accessing programs and supports;
    2. Inclusion: Support underrepresented groups and those further from labour market;
    3. Outcomes-focused: Track measurable milestones and targets; and develop ways to measure different forms of progress (e.g. improved employability);
    4. Flexibility and Responsiveness: Flexibility to address local labour market priorities and respond to emerging issues;
    5. Innovation: Identify and explore collaborative models for innovation, including continuous sharing of best practices and lessons learned; and
    6. Engagement: Collaboration and partnership between Federal and Provincial/Territorial governments; engagement with and services through Aboriginal peoples; engagement with stakeholders, including underrepresented groups; and coordination to enhance program complementarity.

    2.01.3 Canada and Alberta agree that to support flexibility, eligible provincial benefits and measures funded under this Agreement will fall within any of the following areas of focus:

    1. Training: Improve levels of literacy, essential and work-related skills; and support academic preparation and upskilling for Albertans, including the unemployed, underemployed, and those with precarious employment;
    2. Supports: Provide continuum of needs-based services to maximize the potential impact of training; and continue to support individuals, including persons with disabilities to enter, stay, and advance in the labour market;
    3. Employment Partnerships: Work in partnership with employers and other stakeholders to promote awareness and expand the availability, accessibility and quality of employment opportunities; and
    4. Building Knowledge: Inform priorities with labour market information to better meet skills needs and market demand; enhance the knowledge base to support continuous improvement of labour market policies and programs; and support new and innovative approaches to meet the diverse needs of clients, including underrepresented groups.
  3. Section 3.2  is replaced with the following:

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

    1. the labour market issues which Alberta intends to address during the coming fiscal year;
    2. the array of provincial benefits and measures to be offered to eligible clients during the coming fiscal year;
    3. the projected costs under each of the provincial benefits and measures for the coming fiscal year; and
    4. a description of the engagement process referred to in section 3.2.2 and a list of the stakeholder groups engaged, including, but not limited to:
      1. stakeholders serving and representing the province’s French-speaking population;
      2. organizations representing employers; and
      3. organizations representing employees.

    3.2.2 In developing each annual plan referred to in section 3.2.1, Alberta will share with Canada the results of any engagement sessions undertaken during the development of its annual plan. Alberta acknowledges that the needs and perspectives of stakeholders are necessary to shape its annual plan.

  4. Section 4.0 is replaced entirely with the following heading and sections:

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

    4.1 Alberta is hereby authorized to carry out functions of the National Employment Service (NES) described in Annex 1 to this Agreement entitled "National Employment Service Functions and Labour Market Information".

    4.1.1 The parties’ respective roles and responsibilities in respect to the delegated functions of the NES referred to in section 4.1 are described in Annex 1.

    4.2 Canada and Alberta agree to the preparation of a joint labour market information strategy in accordance with section 3 of Annex 1.

  5. Section 7.0 is amended by replacing 7.1 with the following:

    7.1 The parties agree that results measurement and reporting respecting the maximum contribution payable to Alberta under section 13 will be consistent with the process described in Annex 3 entitled “Performance Measurement Strategy”.

  6. Section 7.0 is further amended by replacing 7.2 with the following:

    7.2 Canada and Alberta agree to jointly establish in advance of each fiscal year mutually agreed results targets for the coming fiscal year using the following primary indicators:

    1. the number of active EI claimants that access provincial benefits and measures;
    2. returns to employment of insured participants, with an emphasis on active EI claimants; and
    3. savings to the EI Account.
  7. Section 7.0 is further amended by adding the following after section 7.6:

    7.7 By no later than October 1 following the end of each fiscal year during the period of this Agreement, Alberta agrees to share with Canada an annual report describing the results of the Alberta benefits and measures achieved in the fiscal year based on the requirements set out in Annex 3 to this Agreement entitled “Performance Measurement Strategy”.

  8. The following heading and section are added after section 13B:

    Targeted six-year increase in contribution to costs of provincial benefits and measures.

    13C Notwithstanding anything in section 13.0, in each of fiscal years 2017-2018 to 2022-2023, Canada agrees to increase the maximum contribution payable to Alberta under section 13.0, based on an allocation methodology that takes into account Alberta’s share in the national totals of the following two variables, which will be updated on an annual basis:

    1. Number of EI Part I claims with regular benefits paid (50% weight)
    2. Number of unemployed workers (50% weight)

    The maximum contribution payable under section 13.0 towards the costs of the provincial benefits and measures is increased by an amount not exceeding the amount determined by the following formula:

    ( (A × 0.5) + (B × 0.5) ) * C

    where:

    A is the number of EI Part I claims with regular benefits paid in Alberta, divided by the number of EI Part I claims with regular benefits paid in Canada, determined on the basis of data obtained and prepared by Canada for the purpose of the Monitoring and Assessment Report according to section 10.0 to be released at the beginning of the fiscal year for which the amount of the increase is calculated;

    B is the average number of unemployed workers in Alberta, divided by the average number of unemployed workers in Canada calculated on the basis of the Labour Force Survey published by Statistics Canada for each month during the fiscal year of the Monitoring and Assessment Report used to determine the value of "A"; and

    C is the annual national amount of additional funding approved each year by Canada’s Treasury Board for expenditures under Part II of the EI Act to be allocated between the provinces and territories for each of fiscal years 2017-2018 to 2022-2023.

  9. Section 13 is further amended by adding the following section after section 13.9:

    13.10 Notwithstanding section 13C and section 13.7, Alberta may use up to 10% of the additional amount of Canada’s contribution provided under section 13C towards administration costs for each of fiscal years 2018-2019 and 2019-2020, if the total contribution to Alberta towards administration costs under section 13.7 for the previous fiscal year was less than 30% of the maximum contribution amount towards the costs of Alberta under section 13 for the previous fiscal year.

  10. Section 14.0 is amended by adding the following after section 14.4:

    14.5 For fiscal year 2017-2018, Canada will make payment of its additional contribution to Alberta under section 13Cfor that fiscal year in one lump sum payment.

  11. Section 14.0 is replaced by the following:

    14.0 Payment procedures

    14.1 Beginning April 1, 2018, Canada will make payments of its annual contribution towards the costs of the provincial benefits and measures and administration costs in two installments each fiscal year. The first installment will be paid on or about April 1 of each fiscal year and the second installment will be paid on or about October 1 of each fiscal year.

    14.1.1 The first installment will be an amount equal to fifty percent (50%) of the total amount of Canada’s maximum contribution for the fiscal year based on the amount of Canada’s maximum contribution to Alberta for the fiscal year towards the costs of the provincial benefits and measures and towards administration costs

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

    14.2 Canada will make payment of its first installment for the fiscal year in accordance with section 14.1 once Alberta has provided its annual plan in accordance with section 3.2.1.

    14.3. Canada will make payment of its second installment for the fiscal year in accordance with section 14.1 once Alberta has provided its annual report and financial report in accordance with sections 7.7 and 17.1. 

  12. Section 17.0 is replaced by:

    17.0 Financial accountability

    17.1 For fiscal year 2017-2018, and for each fiscal year thereafter during the term of this Agreement, Alberta will provide Canada no later than June 30 for the previous fiscal year a financial report containing:

    1. an audited financial statement prepared in accordance with Canadian Generally Accepted Accounting Principles and in a format as developed by Canada setting out the amount of the costs of provincial benefits and measures that Alberta has actually incurred in that fiscal year in respect of each of the provincial benefits and measures. Canada will provide reasonable notice of any changes to the format; and
    2. a statement certifying that all payments received from Canada in the fiscal year on account of Canada's contribution to its administration costs were paid in respect of administration costs actually incurred in that fiscal year.

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

    17.3 Alberta’s use of Canada’s additional contribution provided under section 13.10 towards administration costs for fiscal years 2018-2019 and 2019-2020 shall be included in the audited financial statement prepared in accordance with section 17.

  13. The following heading and sections are added after section 20.0:

    20.01 Workforce Development Committee

    20.01.1 Canada and Alberta agree to maintain a bilateral Canada- Alberta Joint Committee to be known as the Workforce Development Committee.

    20.01.2 The Workforce Development Committee will be co-chaired by the Designated officials of the parties and will meet at least twice annually, timed to coincide with the planning and reporting cycles, or as agreed to by the co-chairs. The co-chairs can invite representatives from other agencies, departments or ministries to participate in Committee meetings as deemed appropriate.

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

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

    1. Administration and management of the Agreement, including providing a forum for the exchange of information on annual planning priorities and reporting;
    2. Exchanging information on regional or local labour market challenges and priorities and the results of engagement with other relevant stakeholders, including, but not limited to, Alberta’s French-speaking communities;
    3. Providing a forum to exchange information on best practices and have discussions related to the implementation of the Agreement;
    4. Providing a forum for discussing regional issues and ways to better coordinate the delivery of federal and Alberta programs; and
    5. Sharing information on innovative labour market programs and policies as well as broader developments in the labour market and bilateral issues that may fall outside the parameters of this Agreement.
  14. Section 21.0 is replaced with:

    21.0 Designated officials

    21.1 For the purposes of this Agreement, the Senior Assistant Deputy Minister of Skills and Employment Branch of Employment and Social Development Canada is the Designated official for Canada, and the Assistant Deputy Minister, Strategy and Policy of Alberta Labour is the Designated official for Alberta.

    21.2 Designated officials, or his/her delegate shall meet as required to complete the Annual Annex referred to in section 16 of the Agreement, determine the authorities required by third party delivery agents, review the annual evaluation plan and its results, and resolve issues that emerge from the Agreement.

    21.3 Either party may, from time to time, upon written notice to the other designate a new Designated official in replacement of an existing Designated official.

    21.4 In the event that issues that arise from the Agreement cannot be resolved by Designated officials, then the dispute will be referred to Canada’s Deputy Minister of Employment and Social Development and Alberta’s Deputy Minister of Labour, and if it cannot be resolved by them, then Canada’s Minister of Labour styled as the Minister of Employment, Workforce Development and Labour and Alberta’s Minister of Labour shall endeavor to resolve the dispute.

  15. Section 23.1 is replaced by the following:

    23.1 Either Canada or Alberta may terminate the Agreement by giving two fiscal years’ written notice of intention to terminate.

  16. Annex 1 entitled “National Employment Service Functions” is replaced in its entirety by a new Annex 1 entitled “National Employment Service (NES) Functions and Labour Market Information” which is included under Schedule 1 to this amending Agreement.
  17. Annex 3 entitled “Results targets for fiscal year 1997/98” is replaced in its entirety by a new Annex 3 entitled “Performance Measurement Strategy” which is included under Schedule 2 to this amending Agreement.
  18. Annex 4 entitled “Canada – Alberta exchange of information and data sharing arrangements” is replaced in its entirety by a new Annex 4 entitled “Canada-Alberta Exchange of Information and Data Sharing Arrangements” which is included under Schedule 3 to this amending Agreement.
  19. The parties agree that no part of this amending Agreement will have an impact on how Canada allocates the current Employment Insurance funding ($1.95 billion per year) when determining the maximum annual amount of contributions paid to Alberta, in accordance with section 13.0 of the Canada- Alberta LMDA. The parties acknowledge that the current method set out in section 13.0 of the Canada- Alberta LMDA for allocating the current $1.95 billion to the provinces and territories is the allocation method described in the letter dated June 26, 1996, from the Deputy Minister of the Department of Human Resources Development to the Deputy Minister of Advanced Education and Career Development.
  20. For the purpose of facilitating early intervention with EI clients, Alberta agrees to implement and use Canada’s Targeting, Referral and Feedback system no later than March 31, 2020. The federal arrangements required to implement this system are detailed in Annex 4 of the Canada-Alberta LMDA entitled “Canada – Alberta Exchange of Information and Data Sharing Arrangements”.
  21. The payment of Canada’s additional contribution for fiscal year 2017-2018 referred to in section 8 of this amending Agreement will be paid to Alberta as soon as possible after the parties have signed this amending Agreement.
  22. In all other respects, the Canada-Alberta LMDA shall remain unchanged.
  23. This amending Agreement shall be read together with the Canada- Alberta LMDA as amended from time to time and takes effect as if its provisions were part of the Canada- Alberta LMDA.
  24. Sections 1 and 11 of this amending Agreement will come into force on April 1, 2018.
  25. Alberta agrees and recognizes that for fiscal year 2017-2018, Canada’s contribution will only be paid to Alberta for Costs of Alberta benefits and measures as defined in the Canada-Alberta LMDA on April 1, 2017. Alberta further agrees and recognizes that Costs of Alberta benefits and measures for an insured participant and in respect of Alberta measures as defined in section 1 of this amending Agreement will only be eligible for a contribution under the Canada-Alberta LMDA starting in fiscal year 2018-2019 and subsequent fiscal years once these provisions of this amending Agreement are in effect on April 1, 2018.
  26. All other sections of this amending Agreement will come into force once it has been signed by both parties.

Signed on behalf of Canada
in Gatineau
this 27 day of March 2018

 

______________________

The Honourable Jean-Yves Duclos
Minister of Employment and Social Development styled as the Minister of Families, Children and Social Development

 

______________________

Louise Levonian
Chairperson, Canada Employment
Insurance Commission

Signed on behalf of Alberta
In Edmonton
This 28 day of March 2018

 

______________________

The Honourable Christina Gray
Minister of Labour
For the government of Alberta

Approved pursuant to the Government Organization Act

 

______________________

Intergovernmental Relations, Executive Council

 

______________________

Date

Schedule 1

Annex 1 - National Employment Service (NES) Functions and Labour Market Information

1.0 Purpose

2.0 National employment service – Functions delegated to Alberta

Pursuant to section 60 of the Employment Insurance Act, the Canada Employment Insurance Commission is responsible for maintaining a NES. As part of the NES, the Commission operates a national labour exchange service and information technology platform known as Job Bank where employers can prepare and advertise employment opportunities and where job seekers can search for employment.

3.0 Labour market information

Canada and Alberta agree to the joint preparation of a strategy that sets out how each party will collaborate in the gathering, production and dissemination of local and provincial labour market information. The strategy will be designed to:

The joint strategy will be done in a fashion consistent with the National Labour Market Information System (NLMIS) whereby:

Labour market information encompasses national, provincial and local components, and is structured to include the following elements:

Canada and Alberta will clarify their respective roles and responsibilities, how partnerships can be encouraged, and ensure complementarity such that there is no unnecessary overlap and duplication.

Schedule 2

Annex 3 - Performance Measurement Strategy

1.0 Purpose

The purpose of this Annex is to set out the mutual understanding and agreement of the parties on the performance measurement strategy.

2.0 Performance Measurement Strategy

Canada and Alberta recognize the importance of performance measurement for tracking the progress of insured and non-insured participants of labour market programs; and for reporting to the public on results achieved under this Agreement.

Pursuant to section 7.1 of the Agreement, the parties agree to the following Performance Measurement Strategy.

The Performance Measurement Strategy was developed multilaterally by Canada and the provinces and territories through the Forum of Labour Market Ministers (FLMM) Labour Market Transfer Agreements and Performance Measurement Working Group (Working Group). The strategy is informed by a logic model, performance indicators, outputs, outcomes, data elements, definitions and implementation plan.

Schedule 3

Annex 4 - Canada-Alberta Exchange of Information and Data Sharing Arrangements

1.0 Purpose

1.1 The purpose of this Annex to the Canada-Alberta Labour Market Development Agreement (the Agreement) is to provide for the exchange of information, including personal information, as defined in section 3 of Canada’s Privacy Act and section 1 of Alberta’s Freedom of Information and Protection of Privacy Act (FOIP Act), and “information” as defined in subsection 30(1) of the Department of Employment and Social Development Act (DESD 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 Alberta under section 3 of this Annex, Canada confirms that it is authorized under subsection 34(1) of the DESD Act to provide such personal information to Alberta 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 (EI Act), and of information prepared from such information;
  2. (b) subsection 34(1) of the DESD Act authorizes the disclosure of the aforementioned personal information to any person or body for the administration or enforcement of the program for which it was obtained or prepared; and
  3. (c) the personal information described in section 3 of this Annex will be disclosed to Alberta only for the purposes described herein.

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

Alberta’s Authorities:

2.3 With respect to the personal information to be provided by Alberta to Canada under section 4 of this Annex, Alberta confirms that it is authorized under section 40 of Alberta’s FOIP Act to provide such information to Canada for the purposes set out in section 4.

2.4 With respect to the information to be collected by Alberta from Canada under section 3 of this Annex, Alberta confirms that it is authorized under section 33 of the FOIP Act to collect such personal information from Canada for the purposes set out in section 3.

3.0 Information to be provided by Canada to Alberta

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

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

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

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

3.3.1 Based on the quarterly data files on insured and non-insured participants who are participating in Alberta programs funded with EI Part II monies, as provided by Alberta in section 4.3, the following personal information will be provided to Alberta by Canada in a return file:

3.4 Upon request, and based on the quarterly data files of insured and non-insured participants who are participating in Alberta programs funded with EI Part II monies, as provided by Alberta in section 4.3, the following personal information will be provided to Alberta for: the review and verification of Canada’s reporting of results; planning, delivery and administration of Alberta programs; and for monitoring, assessing, evaluating and reporting about the effectiveness of the assistance provided. The personal information will be provided in two different data sets (by client and intervention):

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

3.6 On a quarterly basis, Canada will provide to Alberta the following personal information under its control on all individuals residing in Alberta who are active EI claimants and who are in receipt of regular or fishing benefits, to assist Alberta in the strategic planning of the delivery of its programs:

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

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

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

3.8 For the 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 Alberta under Alberta programs funded under this Agreement, Canada will provide to Alberta where available and upon written request, on a per individual basis, any or all of the following personal information under its control about an individual:

3.9 Canada may also, on its own initiative, provide to Alberta 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 EI Act to which the individual was/is not entitled.

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

4.0 Information to be provided by Alberta to Canada

4.1 Alberta 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 Alberta’s benefits and measures, for the purposes of establishing and verifying if the individual qualifies as an insured participant:

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

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

for the purpose of assisting Canada in monitoring, assessing and evaluating the effectiveness of the assistance provided by Alberta under Alberta’s programs which Canada is required to do under Articles 8 and 11 of this Agreement:

The above information will be updated by Alberta on a quarterly 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 EI Act, due to error, misrepresentation or fraud, to an individual or individuals who are participating in, or have participated in Alberta programs funded under this Agreement, Alberta will provide to Canada upon written request on a per individual basis, any or all, if available, of the following personal information under its control about an individual:

4.5 Alberta 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 Alberta’s programs where it suspects that the individual was/is not entitled to that assistance, and/or who may have received or be receiving insurance benefits under Part I of the EI Act to which the individual was/is not entitled.

4.6 Following amendments to Canada's EI Act, Alberta 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 an Alberta program, in order for Canada to determine which of these individuals is receiving or has recently received Part I benefits under that Act, which in turn will assist Alberta in communicating with the individual and/or in determining whether any revisions to Alberta financial assistance are required:

4.7 Alberta will provide to Canada the following personal information under its control on the results of Alberta’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 the individual’s return to work, and verifying the individual’s ongoing eligibility for, or entitlement to, insurance benefits (for the purposes of sections 25 and 27 of the EI Act):

5.0 Security requirements for user identity and access management

5.1 In the context of allowing an Alberta employee to access Canada’s systems and personal information held by Canada, Alberta will provide to Canada a written description of its policies and procedures relating to performing and managing Personnel Security Screening Checks (PSSC) when assigning an employee to a position that deals with personal information.

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

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

5.4 Alberta will conduct PSSC of their employees and contractor’s employees based on standards similar or equivalent to those of the Government of Canada. Alberta PSSC will include a nation-wide criminal records check. Once Alberta has completed the PSSC for its own or a contractor’s employees, Alberta will retain a copy of the PSSC and the individual’s signed written consent to initiate the PSSC.

5.5 Alberta will provide an annual attestation that a valid PSSC for each of their employees is on file and that any risks identified during the screening process have been discussed with the other party prior to granting access. Alberta will retain, and upon request will provide to Canada, the following personal and non-personal information under its control for each Alberta employee who requires access to Canada’s systems and information, and who has completed the PSSC:

5.6 Once a Personnel Security Screening Level has been granted, it remains valid for 10 years, provided there has not been a break in employment for a period of more than 1 year. Alberta will conduct a new Personnel Security Screening Check for their Authorized Users at least every 10 years (or more frequently, if required under Alberta’s policy), in order to update the Personnel Security Screening Level of their Authorized Users. ESDC may suspend system access for Authorized Users whose Personnel Security Screening Level expires, until such time as their Personnel Security Screening Level is renewed.

5.7 Alberta will promptly inform Canada when an Alberta employee ceases to need access to any of Canada’s systems.

6.0 Information protection and security

6.1 All personal information obtained under this Agreement shall be collected, used, maintained, stored, retained, disclosed, destroyed or disposed of and otherwise administered and protected in accordance with all applicable legislation. Personal Information is to be safeguarded at a high level of protection to ensure the integrity, privacy and security of the disclosure process.

6.2 In the event of a breach or incident involving personal information that was accessed or collected from the other party, the party responsible for the privacy breach or incident will promptly notify the other party and follow the process described in  Appendix A.

7.0 Mode of information exchange

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

7.2 Unless otherwise specified in this Agreement, 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 Alberta 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 Alberta may request improvements to Canada’s applications used by Alberta. 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 Alberta, 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 Alberta 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 Alberta 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 Alberta shall not, in respect of any personal information they obtain from each other under this Annex:

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

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

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.

8.5.1 For the purpose of section 8.5, a “third party” does not include Shared Services Canada a department of the Government of Canada established under section 4 of the Shared Services Canada Act, S.C. 2012, c. 19, s.117 responsible for the provision of information technology (IT) infrastructure services to Canada, that may include e-mail, data centre (servers) and network services.

8.6 Alberta acknowledges that it is an offence under section 42 of the DESD Act for anyone to knowingly make available information that is privileged thereunder or to knowingly use or allow such information to be used otherwise than in accordance with that Act. This provision applies to employees of Alberta as well as employees of ESDC and third parties 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 Alberta under this Annex, Canada agrees to consult, when required, with Alberta prior to any disclosure of such information. In the event of a request under Alberta’s FOIP Act, for information obtained from Canada under this Annex, Alberta 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 and protected in accordance with:

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

10.3 The parties will comply with their respective policies related to the conducting of privacy impact assessments (PIA) and threat and risk assessments (TRA) covering the exchange of personal information under this Annex. When one party is conducting a PIA or TRA, the other party will provide information upon request related to their policies and procedures for managing the personal information provided by the 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.

10.3.1 Where issues are identified in either the PIA or the TRA, the parties agree to work together to address the issues.

10.3.2 When an issue cannot be resolved to the satisfaction of the other party, it shall be referred to the Designated officials, under section 21.4 of this Agreement.

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

10.4.1 The methodology and format of such audits will be mutually agreed upon.

10.4.2 The parties agree to provide a copy of their respective audit reports and management/corrective action plans to each other.

10.4.3 Where deficiencies in a party’s information management practices affecting compliance with the requirements of section 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.

10.4.4 The parties agree to notify the other party of the actions taken to address any such deficiencies.

11.0 Accuracy of information

11.1 Each party will use its best efforts to ensure the completeness and accuracy of the personal information 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 Alberta’s FOIP Act, personal information (as defined therein) in Alberta’s custody or under Alberta’s control may only be stored or accessed in Canada.

12.2 Canada and Alberta will cooperate to ensure that the provisions of Alberta’s FOIP 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:

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:

For ESDC

Director, EI Part II, Benefits and Measures
Skills Employment Branch
Employment Programs and Partnerships Directorate
Employment and Social Development Canada
Place du Portage, Phase IV
140 Promenade du Portage, Phase IV, Mailstop 424
Gatineau, Quebec  
K1A 0J9
LMDA-SUPPORT-EDMT@hrsdc-rhdcc.gc.ca

For Alberta

Director, Labour Market Agreements and Evaluations
Ministry of Labour 
4th floor Commerce Place
10155 102 Street
Edmonton, AB
T5J 4L6

And,

Ministry Information Security Officer
Information Management and Information Technology
Ministry of Labour
4th floor Labour Building
10808 - 99 Avenue
Edmonton, AB
T5K 0G5

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