Canada – British Columbia Labour Market Development Agreement

1.0 Purpose

1.1 The purpose of this Annex to the Canada-British Columbia Labour Market Development Agreement ("LMDA") is to describe the programs and services, also referred to as benefits and measures that will be provided by British Columbia.

2.0 Objectives

2.1 The objective of British Columbia benefits and measures is to assist individuals to prepare for, obtain, and maintain employment and to reduce their dependency on government forms of income support including EI benefits and social assistance.

2.2 In support of this objective and the objective of eliminating overlap and duplication, British Columbia intends to incorporate the following design features:

• (a) harmonization with provincial employment initiatives to ensure that there is no unnecessary overlap or duplication;
• (b) flexible and broad array of client centred services, supports and benefits to participants;
• (c) reduction of dependency on unemployment benefits by helping individuals obtain or keep employment;
• (d) co-operation and partnership with other governments, employers, community-based organizations and other interested organizations;
• (e) flexibility to allow decisions to be made at a local level;
• (f) availability of assistance under the benefits and measures in either official language where there is significant demand for that assistance in that language;
• (g) commitment by persons receiving assistance under the benefits and measures to
  • (i) achieving the goals of the assistance,
  • (ii) taking primary responsibility for identifying their employment needs and locating services necessary to allow them to meet those needs, and
  • (iii) if appropriate, sharing the cost of the assistance; and
• (h) implementation of the benefits and measures within a framework for evaluating their success in assisting persons to obtain or keep employment.

2.3 British Columbia will be responsible for selecting priority clients for British Columbia benefits and measures but only EI Clients will be given access to British Columbia Benefits funded under this Agreement.

3.0 British Columbia benefits

British Columbia will provide a broad range of services to enable EI Clients to obtain employment.

a) Employment services

Employment services will be made available to encourage employers to hire to the fullest extent possible, EI Clients who are at risk of extended periods of unemployment and/or provide participants with short term work experience to help them acquire skills needed by local employers. Benefits will be used to:

Employment Services – Wage Subsidy Component

• I. Support training on the job and work placement activities will include targeted wage subsidies to employers and work tools or equipment, short term training and other employment related supports.
• II. Employment Services – Work Experience Component
  Develop employment partnerships with employers and community groups that provide meaningful work experience opportunities for EI Clients and which also help develop the community and local economy.

b) Self employment assistance

British Columbia will provide self employment services to assist EI Clients to start businesses and become self employed. Services may include entrepreneurship training, individualized coaching and client supports.

c) Skills development

British Columbia will implement a benefit for the education and training of EI Clients so they can obtain the skills necessary for employment.

This benefit will include the costs ordinarily paid by British Columbia over and above the amounts recovered through tuition fees, with respect to each EI Client receiving financial assistance under Skills Development and attending a publicly funded training institution.

d) Earnings supplement

British Columbia may implement targeted earnings supplements to enable some people currently on EI or who are long-term unemployed people to accept low-wage jobs. Temporarily topping up low-wage salaries means that people who would not enter at the lower wage rate can re-enter the work force.

4.0 British Columbia measures

a) Employment Assistance Services

Employment Assistance Services will be used to help clients to obtain employment. Services may include needs determination, employment counseling, job search training and provision of labour market information.

British Columbia will provide services to meet the needs of specific client groups and local communities through a service delivery network that is further described in Annex 3.

Employment Assistance Services will be used to support the delivery of National Employment Service functions and will available to unemployed persons and job seekers.

b) Labour Market Partnerships

Through work with employer and employee groups, sectoral associations and other partners, British Columbia will facilitate labour market activities that promote labour force development, workforce adjustment and effective human resources planning.

It is understood that Labour Market Partnerships may be used to provide assistance for employed persons who are facing becoming unemployed.

c) Research and innovation

British Columbia will develop a provincial measure to support research, planning and innovative activities that address the needs of those in the British Columbia labour market.

1.0 Purpose

The purpose of this Annex is to set out the National Employment Service (NES) functions delegated to British Columbia by the Canada Employment Insurance Commission.

2.0 Delegation of Labour exchange function

2.1 British Columbia 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 British Columbia 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 British Columbia 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 British Columbia 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 British Columbia, 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-British Columbia Labour Market Development Agreement ("LMDA") is to describe the service delivery approach for British Columbia 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 British Columbia will be guided by the following principles on 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) provide an array of integrated labour market services which are flexible, innovative and responsive to the changing labour market; and
• (d) measurable results within a well-defined framework of accountability.

3.0 Service delivery approach

3.1 The Ministry of Employment and Income Assistance ("MEIA") is the provincial organization that will assume lead responsibility for delivery of BC Benefits and Measures and incorporate transferring federal staff into the Ministry.

3.2 British Columbia will provide a continuum of service offerings across a number of provincial ministries, and coordinate labour market and skills training programs delivered by Ministries of Employment and Income Assistance, Advanced Education and Economic Development, as well as other Ministries.

3.3 British Columbia and Canada agree that service delivery will be maintained in communities where Service Canada has an office that currently delivers programs and services under this agreement until a review of service delivery has been completed. These communities include: Prince Rupert, Terrace, Vanderhoof, Dawson Creek, Quesnel, Williams Lake, Prince George, Victoria, Duncan, Nanaimo, Port Alberni, Comox Valley, Campbell River, Powell River, Abbotsford, Chilliwack, Surrey, Langley, Coquitlam, Vancouver, Burnaby, North Shore, Nelson, Cranbrook, Kamloops, Salmon Arm, Vernon, Kelowna and Penticton.

3.4 British Columbia will select service delivery sites within communities carefully and will give consideration to factors such as: historical/traditional service catchment areas, program and cost effectiveness, requirements under provincial and federal workplace legislation, accessibility for persons with disabilities, the visibility needs of each order of government and office designs that enhance client service.

3.5 British Columbia will provide service to a broad range of clients including employers, unemployed persons, EI clients, social assistance recipients and under employed persons.

3.6 Client service will be based on an array of program components and services. This approach will offer clients flexible and tailored services to meet individual needs.

3.7 British Columbia intends to expand services on the demand side by partnering with employers, employer associations and other groups to address issues such as skill shortages, human resource planning, recruitment, retention, access to labour market information, and reducing barriers to labour market participation.

3.8 British Columbia will offer service in a number of ways. A client could access the system through electronic channels (telephone, internet), through government offices (in person or by mail), and receive service through third parties. British Columbia will ensure all community partners are aware of the full range of services available and of how their clients can access those services to meet their identified needs.

3.9 The service delivery model will ensure that there will be strong linkages between British Columbia and Canada in relation to Employment Insurance (Part I) to support rapid reemployment of EI claimants and will help to reduce dependence on federal and provincial financial assistance.

3.10 British Columbia will adopt a local planning process involving stakeholders to ensure that services are tailored to meet local and regional needs.

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 BC Benefits and Measures, the annual results target setting process, and annual results reporting.

2.0 Results measurement indicators

2.1 Canada and British Columbia agree that the following indicators are to be used in measuring the results of the BC Benefits and Measures:

• (a) the number of Active EI Claimants who have accessed BC 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 British Columbia 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 BC Benefits and Measures. Canada and British Columbia agree that the results targets for the first Fiscal Year of implementation of the BC 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 British Columbia agree that the results indicators will be tracked and reported to Canada on a quarterly basis that British Columbia will provide to the Regional Executive Head, Service Canada responsible for British Columbia, on the Year-to-Date ("YTD") the following information:

• (a) Percentage of EI clients involved in British Columbia 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 British Columbia 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.

Amending Agreement No. 1 for Annex 5 of the Canada – British Columbia Labour Market Development Agreement

Between

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

And

The Government of British Columbia (hereinafter referred to as “British Columbia”), as represented by the Minister of Social Development and Social Innovation

Whereas, Canada and British Columbia entered into a Labour Market Development Agreement on February 20, 2008 (hereinafter referred to as the "LMDA"), in which Canada and British Columbia agreed to certain arrangements relating to the provision of contributions by Canada pursuant to section 63 of the Employment Insurance Act to support the costs of benefits and measures (referred to in the LMDA as "BC Benefits and Measures") provided by British Columbia that are similar to Canada's employment benefits and support measures and that are consistent with the purpose and guidelines of Part II of the Employment Insurance Act,

Whereas Canada and British Columbia wish to amend Annex 5 of the LMDA entitled “Exchange of Information and Data Sharing Arrangements”;

Whereas under article 25.2 of the LMDA, the designated officials of Canada and British Columbia are authorized to sign amendments to any Annex to the LMDA;

Now, therefore, Canada and British Columbia agree as follows:

1. Annex 5 of the Canada-British Columbia LMDA is hereby replaced in its entirety by the attached Annex 5, Exchange of Information and Data Sharing Arrangements, which shall be binding on the parties effective as of the date of signing of this Amending Agreement.
2. The LMDA in all other respects shall remain the same.

Signed on behalf of Canada this 1^st day of September, 2015.

Signed on behalf of British Columbia this 12^th day of August, 2015.

1.0 Purpose

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

2.0 Authorities

Canada's authorities

2.1 With respect to the information to be provided by Canada to British Columbia under section 3 of this Annex, Canada confirms that it is authorized under subsection 34(1) of the DESO Act to provide such personal information to British Columbia 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 Employment and Social Development from persons under the Employment Insurance Act (EI Act), and of information prepared from such information;
• (b) subsection 34(1) of the DESO Act authorizes the disclosure of the aforementioned personal information to any person or body for the administration or enforcement of the program for which it was obtained or prepared; and
• (c) the personal information describes in section 3 of this Annex will be disclosed to British Columbia only for the purposes described herein.

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

British Columbia's authorities

2.3 With respect to the personal information to be provided by British Columbia to Canada under section 4 of this Annex, British Columbia confirms that it is authorized under paragraph 33.1(1)(d) of British Columbia's Freedom of Information and Protection of Privacy 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 British Columbia from Canada under section 3 of this Annex, British Columbia confirms that it is authorized under sections 26 (c) and 27 (1) (a) (i) of British Columbia's Freedom of Information and Protection of Privacy Act, with the consent of the individual the information is about, to collect such information from Canada for the purposes set out in section 3.

3.0 Information to be provided by Canada to British Columbia

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

• (a) assisting British Columbia in establishing and verifying if the individual qualifies as an El Client who is not an Active El Claimant (i.e. who qualifies as a former El claimant) and is therefore eligible for, or entitled to, assistance under BC Benefits and Measures:
  • name
  • social insurance number
  • address
  • postal code
  • telephone number
  • date of birth
  • federal office code - if available
  • gender
  • language (French or English)
  • EI Client status - with explanatory messages
  • Provincial/Territorial Parental Benefits (P/TPB) client status, if applicable, with explanatory messages
  • identification if on an intervention, with explanatory messages; and
• (b) in respect of an individual, who has been determined to be an Active El Claimant who is eligible for, or entitled to, assistance under BC Benefits and Measures, assisting British Columbia in determining the nature and level of financial assistance to be provided to the El Client under BC Benefits and Measures:
  • name
  • social insurance number
  • address
  • postal code
  • telephone number
  • date of birth
  • federal office code – if available
  • gender
  • language (French or English)
  • EI client status, with explanatory messages
  • Provincial/Territorial Parental Benefits (P/TPB) client status, if applicable, with explanatory messages
  • identification if on an intervention, with explanatory messages
• El claim information:
  • benefit period commencement (BPC)
  • type of El benefit (claim type, e.g. regular, etc.)
  • number of eligible weeks
  • number of weeks paid (number of weeks paid in special benefits and number of weeks paid in regular benefits identified if on same claim)
  • EI benefit rate - Part I
  • federal tax deducted
  • provincial tax deducted
  • week of renewal
  • latest renewable week
  • last week processed
  • expected end date of Part I
  • apprenticeship (yes/no)
  • apprenticeship waiting period waived (yes/no)
  • stop payment - yes/no
    • if yes - date of stop payment
  • disentitlements, if applicable
    • start date
    • end date
    • explanatory messages
  • disqualifications, if applicable
    • start date
    • disqualification weeks remaining
    • explanatory messages
  • allocation of earnings
    • start week
    • end week
    • allocation of earnings weekly amount
    • last week of allocation of earnings

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

3.2 When Canada is unable to successfully process the information submitted by British Columbia pursuant to section 4.2 of this Annex, regarding the referral by British Columbia of an Active EI Claimant to a British Columbia Benefit, for purposes of sections 25 and 27 of the EI Act, Canada will provide to British Columbia any or all of the following personal information under Canada's control on the EI Clients so referred, for use by British Columbia in reviewing or modifying the information previously submitted to Canada:

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

3.3 Canada will provide to British Columbia on a monthly basis any or all of the following personal information under Canada's control on all EI Clients and all non-insured participants who have received assistance from British Columbia under BC Benefits and Measures, for use by British Columbia for the review, analysis and verification of the data calculated or held by Canada for monitoring, assessment and reporting purposes. This information will be provided in a mutually agreed upon format.

3.4 Upon request, and based on the monthly data files on EI Clients and non-insured participants who are participating in BC Benefits and Measures, as provided by British Columbia in section 4.3, the following personal information will be provided to British Columbia for the review and verification of Canada's reporting of results. The personal information will be provided in two different data sets (by client and intervention):

• social insurance number
• age
• gender
• designated group indicators (persons with disabilities, members of visible minority groups, aboriginal peoples)
• provincial office/catchment code
• EI Client type
• action plan ID (ICM Service Plan number)
• action plan creation date
• action plan start date
• action plan end date
• action plan result (if available)
• action plan result date (if available)
• missing action plan indicator
• intervention code (type of intervention)
• intervention start date
• intervention end date
• benefit rate
• last renewable week

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

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

3.6 Upon request Canada will provide to British Columbia, any or all of the following personal information under Canada's control on all EI Clients residing in British Columbia, who are Active EI Claimants, to assist British Columbia in the strategic planning of the delivery of BC Benefits and Measures:

• postal code (first three digits)
• federal office code
• provincial office/catchment code
• date of birth - month and year
• preferred official language (French or English)
• gender
• education level (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)
• EI claim status
• EI claim type (1=active claimant able to work, 2=other)
• EI claim category (long-tenured worker, occasional claimant, frequent claimant)
• regular EI claimant without declared earnings - yes/no
• seasonal user
• weekly benefit rate
• number of entitlement weeks
• renewal week
• benefit period commencement
• first week of the last claimant's report sent
• first insurable week
• insured weeks/hours
• last week processed
• total number of weeks paid
• total benefits paid since the claim began
• last week worked
• insurable earnings
• National Occupational Classification (NOC) code of last job
• North American Industry Classification System code of last job

Any reports created by British Columbia or Canada involving these data elements must be in aggregates of no less than 10.

3.7 British Columbia 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 British Columbia wish to receive from Canada personal information for research or statistical purposes, Canada will assess each request on a case by case basis. Canada may make personal information available to British Columbia for research or statistical purposes upon being satisfied that the conditions set out in section 38 of the DESO 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 any individual who is receiving, or who has received, assistance from British Columbia under British Columbia Benefits, Canada will provide to British Columbia where available and upon written request, on a per individual basis, any or all of the following personal information under Canada's control about the individual:

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

3.9 Canada may also, on its own initiative, provide to British Columbia the information listed in section 3.8 about any individual who receives assistance under Canada's programs where it suspects that the individual is not entitled to that assistance or insurance benefits under Part I of the EI Act to which the individual is not entitled.

3.10 Following any amendment to the EI Act, Canada will provide to British Columbia, when requested by British Columbia, on a per individual basis, the following personal information under Canada's control in respect of each Active EI Claimant who is receiving or has received financial assistance while participating in British Columbia Benefits, to assist British Columbia in communicating with the client or in determining whether any revisions to British Columbia Benefits are required:

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

3.11 Upon being provided with the information outlined in section 5.4 of this Annex, Canada will provide those British Columbia employees identified therein with the following information to permit electronic access to any personal information held by Canada and described in this Annex:

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

4.0 Information to be provided by British Columbia to Canada

4.1 British Columbia will provide Canada, on a per individual basis, the following personal information under British Columbia's control about each individual who submits an application under BC Benefits and Measures, for the purposes of establishing and verifying if the individual qualifies as an EI Client:

• social insurance number
• first and last names
• eligibility date

4.2 British Columbia will provide to Canada for the following purposes, the following personal information under British Columbia's control about each Active EI Claimant and who is receiving assistance under British Columbia Benefits:

• (a) to ensure that Active EI Claimants continue to receive the employment Insurance benefits under Part I of the EI Act to which they are entitled while participating in British Columbia Benefits (for purposes of section 25 of the EI Act):
  • name
  • social insurance number
  • provincial office/catchment code
  • intervention type (e.g. training, job creation, self-employment)
  • training ID (for training interventions)
  • institution code (if available)
  • start week(s)ldate(s) of intervention
  • end week(s)ldate(s) of intervention
  • intervention break start week/date
  • intervention break end week/date
  • authorization for absence from Canada during intervention, with dates, if applicable
  • agreement/file number (if available)
  • apprentice indicator
  • no claimant report code (for apprentices)
  • rate (EI Part II)
• (b) to allow Canada to verify the ongoing eligibility of Active EI Claimants for, or entitlement to, employment insurance benefits under Part I of the EI Act (for the purposes of sections 25 and 27 of the EI Act):
  • name
  • social insurance number
  • intervention type
  • date for absence from or for leaving the intervention prior to completion
  • reason for absence from, for departure, for abandoning, or for cancelling participation in the Intervention, if known
• (c) to allow Canada to determine the eligibility for, or entitlement to, employment insurance benefits under Part I of the EI Act of an individual who is authorized by British Columbia to quit their job in order to participate in a British Columbia Benefit (for the purposes of section 25 of the EI Act):
  • name
  • social insurance number
  • date on which British Columbia's authorization takes effect (last day of work)
  • start date of participation in a British Columbia Benefit, with rationale if more than two weeks after last day of work
  • name and signature of designated authority, with signature date

4.3 Where available, British Columbia will provide to Canada the following personal information under British Columbia's control:

• (a) about each EI Client who is participating in BC Benefits and Measures, and
• (b) for each other non-insured individual (who is not an EI Client) and who is participating in BC Benefits and Measures, for the purpose of assisting Canada in monitoring, assessing and evaluating the effectiveness of the assistance provided by British Columbia under BC Benefits and Measures, which Canada is required to do under Articles 9 and 11 of this LMDA:
  • name
  • social insurance number
  • address
  • postal code
  • telephone number
  • date of birth
  • gender
  • disability status (as self-identified information)
  • visible minority (as self-identified information)
  • aboriginal group (as self-identified information)
  • educational attainment
  • marital status
  • family type
  • number of dependents
  • citizenship/immigration status
  • immigration - date of arrival in Canada
  • official language preferred (French or English)
  • labour force attachment prior to intervention
  • current/last employment, including NOC code, years of experience, part-time/full-time, start date, end date, salary, reason for leaving job
  • type of benefit income from government sources
  • EI Client status
  • social assistance client status
  • action plan ID (ICM service plan number)
  • creation date of action plan
  • start date of action plan
  • provincial intervention code
  • name of intervention in which individual is involved, including apprenticeship
  • case file number/agreement/file number
  • start date of intervention
  • end date of intervention
  • duration of intervention (days)
  • language of intervention received (French or English)
  • group services type
  • group services completion date
  • language of service (French or English)
  • NOC code for training
  • type of training institution (public/private)
  • training type/name
  • for Self Employment Benefit (SEB): type of assistance (coaching, business plan, ongoing technical assistance)
  • intervention outcome (including reason for non-completion, where available)
  • intervention result
  • date of intervention result
  • end date of action plan
  • action plan outcome (e.g. completed or not completed) (if available)
  • action plan result (if available)
  • date of action plan result (if available)
  • type of employment obtained (full-time/part-time)
  • type of employment obtained (year round I seasonal)
  • type of employer (e.g. private sector, public sector, non-profit organization)
  • NOC code of employment obtained
  • earnings (hourly/weekly/monthly)

The above information will be updated by British Columbia on a monthly basis, or upon request, for periodic evaluations, 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 any individual who is participating or has participated in British Columbia Benefits, British Columbia will provide to Canada upon written request on a per individual basis, any or all of the following personal information under British Columbia's control about the individual:

• name
• social insurance number
• birth date
• address
• postal code
• telephone number
• reason for separation from employment, if known (pre-intervention)
• whether or not the client reported for an interview as directed
• interview details (counsellor seen/scheduled to be seen, date, time and location of interview)
• method used to direct client to report
• reasons for not reporting
• reason client is not capable of work/intervention/service
• reason client is not available for work/intervention/service
• authorization for absence from Canada during intervention, with dates, if applicable
• date(s) absent from Canada/area without authorization
• reason absent from Canada/area without authorization
• intervention type (e.g. training, job creation, self-employment)
• training ID (for training interventions)
• institution code (if available)
• start week(s)/date(s) of intervention
• end week(s)/date(s) of intervention
• intervention break start week/date
• intervention break end week/date
• agreement/file number
• apprentice indicator
• rate (EI Part 11)
• total number of weeks paid (EI Part II)
• last week paid (EI Part II)
• payment indicator for each EI Part 11 payment referenced
• reason for withdrawal from British Columbia Benefits
• reason for termination from British Columbia Benefits
• reason earnings not reported to Canada during the weeks they were earned (if known)
• date of return to work
• employer name and address
• employer telephone number
• explanatory messages

4.5 British Columbia 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:

• (a) assistance under British Columbia Benefits to which British Columbia suspects the individual is not entitled; or
• (b) insurance benefits under Part I of the EI Act to which British Columbia suspects the individual is not entitled.

4.6 Following any amendment to the EI Act, British Columbia will provide to Canada when requested by Canada the following personal information under British Columbia's control in respect of each individual who is receiving or has recently received financial assistance while participating in British Columbia Benefits, in order for Canada to determine which of these individuals is receiving or has recently received Part I benefits under the EI Act, which in turn will assist British Columbia in communicating with the client and/or in determining whether any revisions to British Columbia's financial assistance are required:

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

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

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

5.0 Personnel security screening

5.1 In accordance with applicable legislative, regulatory and policy requirements, the employer of an employee requiring access to personal information under the care and responsibility of the other party will ensure that the employee obtains a personnel security screening at a level that is commensurate with the personal information being handled.

5.2 The parties will ensure that only those employees who have a valid and appropriate security level and the need to access the personal information exchanged under this Agreement for the performance of their duties will have access to and use of that personal information.

5.3 In the context of allowing British Columbia employees to access Canada's systems and personal information held by Canada for the purposes identified under this LMDA, British Columbia will provide to Canada written verification, on a per individual basis, that the security screening described in section 5.1 has been completed and an attestation that, in British Columbia's judgment, any risks that may be associated with each of its employees so screened are acceptable to British Columbia. The verification will include the following personal and non-personal information about each British Columbia employee who requires access to Canada's systems and information, and who has completed the security screening.

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

5.4 In the context of allowing a British Columbia employee who has completed the security screening required in section 5.2 and obtained the appropriate security level to access Canada's systems and personal information held by Canada for the purposes identified under this LMDA, British Columbia will provide to Canada the following personal and non­ personal information under British Columbia's control about each such British Columbia employee:

• name, including middle name
• date personal security screening level was confirmed and validity period
• unique personal identifier (not to exceed 8 characters)
• unique technological identifier
• provincial office/catchment code
• office location
• business e-mail address
• name of application to which employee requires access
• name, business telephone number, mailing address, and e-mail address of British Columbia's Systems Access Coordinator
• date on which British Columbia's systems access coordinator submits the request

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

6.0 Information protection and security

6.1 The information received by each Party under this Agreement will be protected as provided for under the laws governing each Party and in accordance with this Agreement. Personal Information will be safeguarded to ensure that the integrity, privacy and security of the personal information are protected at a high level at all times.

6.2 In the event of a breach or incident involving personal information it has accessed or collected from Canada, British Columbia will inform ESDC's Director, EI Part II, Benefits and Measures, within 24 hours of being informed of the breach or incident and follow the process described in Appendix A.

7.0 Mode of information exchange

7.1 Canada and British Columbia have entered into a separate service level agreement outlining systems and security requirements.

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

7.3 Canada and British Columbia 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 British Columbia may request improvements to Canada's applications used by British Columbia. 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 British Columbia, 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 British Columbia 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 British Columbia 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 British Columbia 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.

8.3 Canada and British Columbia 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) if authorized by legislation, with the written consent of the party that provided the information; or
• (c) if required by legislation.

8.4 Canada and British Columbia 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.

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 British Columbia acknowledges that it is an offence under the DESO 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 this Act. British Columbia acknowledges that this provision applies to employees of British Columbia 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 British Columbia under this Annex, Canada agrees to consult, when required, with British Columbia prior to any disclosure of such information. In the event of a request under British Columbia's Freedom of Information and Protection of Privacy Act, for information obtained from Canada under this Annex, British Columbia 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:

• (a) in the case of Canada, the Privacy Act, the DESO Act, the EI Act, the Library and Archives of Canada Act and regulations thereto, and any other applicable federal legislation, the Government of Canada's Policy on Government Security as well as all applicable federal and departmental policies, protocols, operating directives, and guidelines, governing the administrative, technical and physical safeguarding and disposal of the personal information; and,
• (b) in the case of British Columbia, the Freedom of Information and Protection of Privacy Act and Document Disposal Act and regulations thereto, as well as all applicable provincial and departmental policies, protocols, operating directives, and guidelines, governing the administrative, technical and physical safeguarding and disposal of the personal information.

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

10.3 The parties will comply with their respective policies related to conducting 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 a PIA or 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 21.2 of the LMDA.

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

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

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 British Columbia's Freedom of Information and Protection of Privacy Act, personal information (as defined therein) in British Columbia's custody or under British Columbia's control may only be stored or accessed in Canada.

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

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

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

Notification contact 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

And,

Director, Access to Information and
Privacy Employment and
Social Development Canada
Place du Portage, Phase IV
140 Promenade du Portage
Gatineau, Québec
K1A OJ9
NC-ATIP-AIPRP-IMLD-GIDL-GD@hrsdc-rhdcc.gc.ca

Notification contact for British Columbia

Director, Program Contract, Policy and Client Inclusion
Employment and Labour Market Services Division
Ministry of Social Development and Social Innovation
19^th Floor – 1050 W Pender Street
Vancouver, BC
V6E 3S7
ELMS.Procurement@gov.bc.ca