Canada – British Columbia Labour Market Development Agreement

Recitals

This Agreement made this ___ day of _________________, 2008.

Between

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

And

The Government of British Columbia (herein referred to as "British Columbia"), as represented by the Minister of Economic Development

Recitals

Whereas Canada and British Columbia agree on the importance of the development of a skilled workforce and to the rapid re-employment of unemployed British Columbians;

Whereas Canada and British Columbia support the vision of a provincial labour market development system, based on predictable funding to support British Columbia’s economic growth, the creation of employment opportunities and reduction in the "productivity gap" through responsive and appropriate labour market services that build on the skills, abilities and potential of British Columbians;

Whereas Canada and British Columbia support the creation of a cohesive, made in British Columbia system of services focused on addressing labour market challenges facing employers and employees across British Columbia;

Whereas Canada and British Columbia agree that they should to the extent possible, reduce unnecessary overlap and duplication in their labour market development programs;

Whereas Canada, acting through the Canada Employment Insurance Commission, and with approval of Canada’s Minister of Human Resources and Social Development, is authorized under section 63 of the Employment Insurance (EI) Act to enter into an agreement with British Columbia to provide for payment of contributions towards:

  • (a) the costs of benefits and measures provided by British Columbia that are similar to employment benefits and support measures under Part II of that Act and consistent with the purpose and guidelines of Part II of that Act; and
  • (b) the administration costs that British Columbia incurs in providing those benefits and measures;

Whereas British Columbia will establish benefits and measures described in Annex 1 to this Agreement and Canada has determined that these benefits and measures meet the requirements of similarity to the employment benefits and support measures under Part II of the EI Act and are consistent with the purpose and guidelines of that Act;

Whereas with respect to the other areas of cooperation between Canada and British Columbia covered by this Agreement, Canada, acting through its Minister of Human Resources and Social Development, is authorized to enter into this Agreement under section 10 of the Department of Human Resources and Skills Development Act; and

And whereas British Columbia’s Minister of Economic Development is authorized to enter into this Agreement on behalf of the Government of British Columbia.

Now, therefore, the parties hereto agree as follows:

1.0 Interpretation

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

1.2 In this Agreement, unless the context requires otherwise,

"Active EI Claimant" means an individual for whom an employment insurance benefit period is established under the EI Act;

"Administration Costs" means the costs of administration incurred by British Columbia in providing the BC Benefits and Measures;

"Annual Annex" means the Annex referred to in Article 17;

"BC Benefits and Measures" means British Columbia Benefits and British Columbia Measures;

"British Columbia Benefit" means a labour market development program set out in Annex 1, as amended from time to time, that is provided by British Columbia under Article 3 with funding transferred under this Agreement and that is designed to enable EI Clients to obtain employment;

"British Columbia Measure" means a labour market development program set out in Annex 1, as amended from time to time, that is provided by British Columbia under Article 3 with funding transferred under this Agreement to support:

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

"Commission" means the Canada Employment Insurance Commission;

"Costs of BC Benefits and Measures" means the following costs of financial assistance or other payments provided by British Columbia under its BC Benefits and Measures to persons and organizations that are eligible for assistance under those benefits and measures:

  • (a) under the British Columbia Benefits,
    • (i) the costs of financial assistance provided under the benefits by British Columbia directly to EI Clients; and
    • (ii) the costs of financial assistance or other payments provided by British Columbia under the benefits to persons or organizations as reimbursement for costs incurred by them, or as payment for services rendered by them, in relation to the provision of assistance to EI Clients; and
  • (b) under the British Columbia Measures, the costs of financial assistance or other payments provided by British Columbia under its measures to persons and organizations that are eligible for assistance under those measures;

"Designated Officials" means those officials designated by the parties under Article 21;

"EI Act" means the Employment Insurance Act, S.C. 1996, c. 23;

"EI Client" means an unemployed person who, when requesting assistance under a British Columbia Benefit or British Columbia Measure:

  • (a) is an Active EI Claimant; or
  • (b) had a benefit period that ended within the previous 36 months; or
  • (c) had a benefit period established for him or her within the previous 60 months; and
    • (i) was paid parental or maternity benefits under the EI Act,
    • (ii) subsequently withdrew from the labour force to care for one or more of their new-born children or one or more children placed with them for the purpose of adoption, and
    • (iii) is seeking to re-enter the labour force; or
  • (d) received "provincial benefits" under a "provincial plan", as those terms are defined in section 76.01 of the Employment Insurance Regulations, within the previous 60 months, and
    • (i) if not for the provincial benefits paid under the provincial plan, would have been entitled to receive benefits under sections 22 or 23 of the EI Act, and would have had a benefit period established for that purpose within the 60 months period,
    • (ii) subsequently withdrew from active participation in the labour force to care for one or more of their newborn children or one or more children placed with them for the purpose of adoption, and
    • (iii) is seeking to re-enter the labour market;

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

"Management Committee" means the committee established under Article 22;

"Minister of Human Resources and Social Development" is the style used to refer to Canada’s Minister of Human Resources and Skills Development and every reference in this Agreement to the Minister of Human Resources and Social Development shall be deemed to be a reference to the Minister of Human Resources and Skills Development;

"National Employment Service" means the national employment service maintained by the Commission under subsections 60(1) and (2) of the EI Act to provide information on employment opportunities across Canada to help workers find suitable employment and help employers find suitable workers;

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

"Service Canada" refers to a government service delivery initiative launched by the Government of Canada under the responsibility of the Minister of Human Resources and Social Development;

"Transition Committee" means the committee established under Article 7; and

"Transition Period" means the period between the date of the signing of this Agreement and the date referred to in Article 3.1 of this Agreement on which British Columbia begins implementation of BC Benefits and Measures.

2.0 Purpose and scope

2.1 The purpose of this Agreement is to:

  • (a) implement, within the scope of Part II of the EI Act, new Canada-British Columbia arrangements in the area of labour market development that will enable British Columbia to assume an expanded role in the design and delivery of labour market development programs and services in British Columbia, to benefit clients;
  • (b) provide for cooperative arrangements between Canada and British Columbia to reduce overlap and duplication in, and to harmonize and coordinate the delivery of, their respective employment programs and services; and
  • (c) provide for the transfer of affected federal employees to British Columbia.

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

2.3 To promote cooperation in the conduct of their respective activities and initiatives in support of labour market research and innovative projects, Canada and British Columbia will keep each other informed of their planned activities and initiatives in this area.

2.4 This Agreement shall replace the Canada-British Columbia Labour Market Development Agreement dated April 25, 1997 (the "Co-Management LMDA") effective the date, as determined under Article 3.1 of this Agreement, on which British Columbia begins providing its BC Benefits and Measures. As of that date, the Co-Management LMDA is revoked.

3.0 BC benefits and measures

3.1 As of February 2, 2009, or at such later time as may be agreed to jointly by the Designated Officials, British Columbia will provide the BC Benefits and Measures described in Annex 1.

3.2 For each fiscal year during which British Columbia provides its BC Benefits and Measures, British Columbia will provide Canada’s Designated Official with a plan which sets out:

  • (a) the labour market issues which British Columbia intends to address during the coming Fiscal Year;
  • (b) the array of BC Benefits and Measures to be offered during the coming Fiscal Year; and
  • (c) the projected expenditures under each of the BC Benefits and Measures for the coming Fiscal Year.

In the case of the plan for Fiscal Year 2009/10, it will be submitted no later than three months prior to April 1, 2009 or such later date on which British Columbia begins providing its BC Benefits and Measures as may be agreed to under Article 3.1. For each subsequent Fiscal Year, the plan will be submitted no later than three months prior to the beginning of the Fiscal Year to which it relates.

3.3 Subject to Article 3.4 and to adherence to the requirement of similarity and consistency with the purpose and guidelines of Part II of the EI Act, British Columbia may make ongoing modifications to the design of its BC Benefits and Measures to ensure responsiveness to client need, labour market conditions, and evaluation findings. Any modifications to the design of a British Columbia benefit or measure shall be set out in an amendment to Annex 1.

3.4 Where any question arises as to whether a proposed modification to a British Columbia Benefit or British Columbia Measure affects its consistency with the guidelines and purpose of Part II of the EI Act, or its similarity to the employment benefits and support measures established under Part II of the EI Act, it will be referred to the Designated Officials for a determination.

3.5 British Columbia will not require any minimum period of residency in British Columbia on the part of an individual as a condition of access by that individual to assistance under a British Columbia Benefit or British Columbia Measure supported by Canada under this Agreement.

3.6 To facilitate the co-ordination of the provision of assistance to Active EI claimants by British Columbia under BC Benefits and Measures with the payment by Canada of insurance benefits to those claimants by virtue of section 25 of Part I of the EI Act, the Commission pursuant to subsection 28(3) of Canada’s Department of Human Resources and Skills Development Act, hereby authorizes British Columbia's Minister of Employment and Income Assistance to exercise the Commission's power to designate authorities in British Columbia who may, for the purposes of section 25 of Canada’s EI Act, refer active EI claimants to:

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

3.7 British Columbia will give thirty days advance notice to Canada of its intention to designate a referral authority for the purposes of section 25 of the EI Act in order that Canada may make the necessary administrative arrangements with the referral authority to ensure timely and proper payment of insurance benefits to the referred Active EI Claimants under section 25 of the EI Act.

3.8 Authorities designated by British Columbia may include staff of its Ministry of Employment and Income Assistance, other British Columbia government ministries or agencies, corporations of the Government of British Columbia, as well as third parties in British Columbia.

4.0 Delegation of authority to British Columbia with respect to certain National Employment Services functions and co-operation on Labour Market Information

4.1 Canada hereby authorizes British Columbia to carry out and perform the functions of the National Employment Service described in section 2 of Annex 2 entitled "National Employment Service Functions".

4.2 Canada and British Columbia will cooperate in accordance with section 3 of Annex 2 in establishing formal links between the parties to facilitate and coordinate the operation of local, provincial and national labour exchange systems and the production and dissemination of local, provincial and national labour market information.

5.0 Service to clients

5.1 The parties agree that in the administration of BC Benefits and Measures and in carrying out the functions of the National Employment Service, British Columbia will be guided, subject to its service delivery model, 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.

5.2 British Columbia agrees to:

  • (a) provide access to assistance under its BC Benefits and Measures; and
  • (b) carry out the functions of the National Employment Service delegated to it under Article 4,

in either of Canada’s official languages where there is a significant demand for the provision of the assistance, or the performance of those functions, in that language.

5.3 In determining the circumstances where there would be considered to be a "significant demand" for the provision of assistance or performance of the functions referred to in Article 5.2 in either official language, British Columbia agrees to use as a guideline the criteria for determining what constitutes "significant demand" for communications with, and services from, an office of a federal institution as set out in the Official Languages Regulations made pursuant to Canada's Official Languages Act.

5.4 British Columbia agrees to consult with representatives of the official language minority communities in British Columbia on the provision of its BC Benefits and Measures under this Agreement.

5.5 Canada and British Columbia will establish mechanisms for dealing with representations or enquiries made by Members of Parliament or Members of the Legislative Assembly of British Columbia on behalf of constituents who have sought their assistance in resolving a problem or obtaining information in relation to obtaining assistance under the BC Benefits and Measures, to ensure that the reply to the representations or enquiries is directed to the appropriate party and that the confidentiality and privacy requirements of the respective parties’ privacy legislation or policies are respected.

6.0 Delivery arrangements

6.1 British Columbia will create and deliver a full range of locally-responsive, accessible, cost effective, integrated and citizen-centered labour market programs and services to meet the needs of British Columbians.

6.2 British Columbia will carry out a site-by-site review of the existing Government of Canada service delivery points as soon as possible after signing this agreement in order to confirm the service delivery arrangements described in Annex 3.

6.3 Canada and British Columbia agree to work together to coordinate the delivery of their respective labour market programs and services with the aim of providing an integrated approach that will improve service delivery for British Columbians.

7.0 Transitional arrangements

7.1 Immediately upon signing of this Agreement the parties will form a Transition Committee. The Transition Committee will remain in place for the Transition Period.

7.2 The Transition Committee will meet as required and be composed of an equal number of representatives of Canada and British Columbia and include representatives for Canada from the Department of Human Resources and Social Development and Service Canada and for British Columbia from the Ministry of Employment and Income Assistance. The Transition Committee will be co-chaired by the Regional Executive Head for Service Canada, British Columbia, or his or her designate, or by such other representative of Canada as may be designated to serve as the Canada co-chair by the Minister of Human Resources and Social Development, and the Assistant Deputy Minister of Employment and Income Assistance, or his or her designate. Other members may be appointed by each co-chair, as appropriate.

7.3 The Transition Committee will undertake activities to ensure a smooth transition from Canada's delivery of its employment benefits and support measures to the delivery of the BC Benefits and Measures by British Columbia. The Transition Committee will:

  • (a) be a forum for keeping British Columbia regularly informed about Canada’s plans for entering into financial commitments referred to in Article 7.4 during the Transition Period, for discussing those plans and for Canada to consider the interests and views of British Columbia regarding those plans;
  • (b) establish an implementation plan including details regarding the transfer of financial, human and material resources; and
  • (c) ensure the systems and processes are in place before the end of the Transition Period to support timely financial management and reporting in order to enable early warning of cost overruns or funding shortfalls.

7.4 Canada and British Columbia are committed to maintaining continuity of service to individuals and organizations. In support of this commitment, both parties agree, from the date of the signing of this Agreement and up to and including February 1, 2009. Canada may extend or renew financial assistance agreements under its employment benefits and support measures that terminate during this period, or enter into new agreements, for a period not to exceed two (2) years.

7.5 British Columbia agrees to honour all financial assistance agreements referred to in Article 7.4 that Canada has signed with recipients which terminate after the date on which British Columbia begins providing its BC benefits and Measures, as determined under Article 3.1, by accepting an assignment of those agreements from Canada. Canada and British Columbia agree to enter into an assignment agreement under which British Columbia will assume all Canada’s rights and outstanding obligations under those agreements.

7.6 It is understood and agreed that Canada shall not provide any additional funding to British Columbia to discharge any financial obligations accruing to recipients after the date on which British Columbia begins providing its BC Benefits and Measures, as determined under Article 3.1, under financial assistance agreements assigned to British Columbia. British Columbia shall utilize the funding provided by Canada referred to in Article 14.2 to discharge the financial commitments to recipients under such agreements.

7.7 The parties acknowledge that other arrangements to ensure continuity of client service during the transfer of responsibilities under this Agreement may be necessary and that other agreements to address transitional issues may be necessary.

7.8 In Articles 7.4, 7.5 and 7.6:

  • (a) "financial assistance agreement" refers to an agreement entered into between Canada and a recipient that sets out the terms and conditions for the payment of money to a recipient by Canada, in the form of a grant or contribution, to defray all or a portion of the costs incurred by the recipient in carrying out activities that are eligible for financial support under the employment benefit or support measure; and
  • (b) "recipient" refers to an individual or organization that is eligible, under the terms and conditions of an employment benefit or support measure, to receive a grant or contribution from Canada to defray all or a portion of the costs incurred by the individual or organization in carrying out activities that are eligible for financial support under the employment benefit or support measure.

8.0 Indicators for measuring results of BC benefits and measures and annual results targets and reporting

8.1 Canada and British Columbia agree to:

  • (a) use the results indicators set out in Annex 4, entitled "Indicators for Measuring Results of BC Benefits and Measures and Annual Results Targets and Reporting", for measuring the results of the BC Benefits and Measures;
  • (b) set annual results targets for the results indicators in accordance with Annex 4; and
  • (c) track and report on the annual results in accordance with Annex 4.

9.0 Year 2 review and evaluations

Year 2 Review

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

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

Evaluation

9.2 British Columbia will advise Canada by notice in writing delivered on or before April 1, 2010 that British Columbia has elected that either:

  • (a) Articles 9.3 through 9.7 inclusive ("Option 1"); or
  • (b) Articles 9.8 through 9.12 inclusive ("Option 2")

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

Option 1

9.3 Canada and British Columbia recognize the importance of evaluating the BC Benefits and Measures in order to determine their impacts and outcomes.

9.4 British Columbia agrees, therefore, to carry out periodic evaluations of the impact and effectiveness of BC Benefits and Measures.

9.5 The first impact evaluation will be conducted three to five years after implementation and subsequent evaluations will be conducted regularly, on a three-to-five year basis, as determined by the Management Committee.

9.6 In carrying out periodic evaluations of the BC Benefits and Measures, British Columbia agrees to:

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

9.7 The cost of the evaluations will be the responsibility of British Columbia.

Option 2

9.8 Canada and British Columbia recognize the importance of evaluating the BC Benefits and Measures in order to determine their impacts and outcomes. Accordingly, they agree that the Management Committee will establish an Evaluation Sub-Committee to prepare and sign off an evaluation framework that adheres to commonly accepted evaluation practices and methodologies and oversee the conduct of the evaluation according to the plan laid out in the framework and approve third party evaluation contracts and the evaluation report.

9.9 The Evaluation Sub-Committee will be comprised of equal representation from Canada and British Columbia. One member from Canada and one member from British Columbia will act as co-chairs.

9.10 The Evaluation Sub-Committee will also:

  • (a) submit the evaluation design or framework for review and recommendations by an independent third party external evaluator;
  • (b) undertake joint assessment and approval of Request for Proposals and winning bid (HRSDC to sign contract for the evaluation);
  • (c) oversee the conduct of the evaluation according to the plan laid out in the framework;
  • (d) after the findings are obtained, submit the evaluation report to an independent third party external evaluator for review before it is finalized; and
  • (e) provide a copy of the evaluation report to Canada and British Columbia.

9.11 The first impact evaluation will be conducted three to five years after implementation and subsequent evaluations will be conducted regularly, on a three-to-five year basis, as determined by the Management Committee.

9.12 Costs for the joint impact evaluations will be borne by Canada.

10.0 Information and data sharing

10.1 For the purpose of implementing this Agreement, Canada and British Columbia agree to exchange information in accordance with the arrangements specified in Annex 5 to this Agreement entitled, "Exchange of Information and Data Sharing Arrangements".

10.2 Without limiting the generality of the foregoing, Canada and British Columbia agree that the development and linking of electronic on-line systems that maintain client information data is an essential tool for effective and efficient case management for clients accessing BC Benefits and Measures.

11.0 Monitoring and assessment report

11.1 Canada will:

  • (a) monitor and assess the effectiveness of the assistance provided by British Columbia under the BC Benefits and Measures funded under this Agreement and of the assistance provided by other provinces and territories under benefits and measures provided by them with funding from Canada under similar Labour Market Development Agreements; and
  • (b) prepare an annual monitoring and assessment report which the Minister of Human Resources and Social Development shall make public by tabling it in Parliament each year.

12.0 Employment Insurance program integrity

12.1 As Canada may be providing insurance benefits under Part I of the EI Act to Active EI Claimants while they are participating under the BC Benefits and Measures, Canada and British Columbia will cooperate with each other in developing measures for detecting and controlling abuse and in determining how and by whom these measures should be carried out.

13.0 Transfer of federal employees to British Columbia

13.1 British Columbia agrees to make offers of employment to those employees of Canada who are affected by Canada’s withdrawal from the delivery of its employment benefits and support measures in British Columbia and by British Columbia’s decision to expand its role in the design and delivery of labour market programs through implementation of the BC Benefits and Measures.

13.2 British Columbia undertakes that its offer to each employee will meet the requirements of a Reasonable Job Offer (Type 2) within the meaning of Part VII of the Work Force Adjustment Directive (WFAD) that is applicable to the employee with the exception that each transferring employee will be granted an employment guarantee for a period of three years for the initial period of the agreement.

13.3 Details with respect to the conditions of employment to be offered to the affected employees will be embodied in an Employee Transfer Agreement (ETA) to be entered into between the Parties as soon as practicable following signing of this Agreement. Upon signing of the ETA, it will be appended as Annex 6 to this Agreement.

13.4 British Columbia acknowledges and agrees that the amount of Canada’s contributions referred to in Article 14 of this Agreement towards British Columbia’s Administration Costs is contingent upon offers of employment being made to those employees affected by this Agreement and on the offers meeting the requirements of a "reasonable job offer" within the meaning of Part VII of Canada’s WFAD’s applicable to the employees.

13.5 Canada agrees that every vacant position within Canada’s affected employee group at such time as may be agreed upon by the parties in the Employee Transfer Agreement will be included in the calculation of the number of affected employees to whom British Columbia will be considered to have made an offer of employment and who will be considered to have accepted the offer.

14.0 Financial arrangements and contribution towards costs

14.1 Canada and British Columbia agree that, subject to the financial limitation set out in section 78 of the EI Act, the financial arrangements between them will be as set out in the provisions below.

Contribution towards the BC benefits and measures

14.2 Canada, through the Commission, agrees to make annual contributions to British Columbia pursuant to section 63 of the EI Act towards the Costs of BC Benefits and Measures in accordance with Articles 14.3 to 14.5 below.

14.3 The amounts payable for Fiscal Year 2008-2009 to Fiscal Year 2010-2011 will be determined in accordance with the allocation methodology established by Canada for allocating among provinces or territories the funding approved each year by Canada's Treasury Board for expenditures under Part II of the EI Act. The currently projected maximum amount of Canada's contribution towards the Costs of BC Benefits and Measures for each of those Fiscal Years is estimated to be:

  • Fiscal Year 2008-2009: $284,336,000 (partial year funding);
  • Fiscal Year 2009-2010: $280,735,000; and
  • Fiscal Year 2010-2011: $277,494,000.

14.4 For greater certainty, the annual contribution amounts referred to in Article 14 do not include insurance benefits payable by the Commission to Active EI Claimants under Part I of the EI Act (by virtue of section 25 of the EI Act) while participating in training and other employment activities under British Columbia Benefits.

14.5 For each Fiscal Year after Fiscal Year 2010-11 during the term of this Agreement, the parties will review Canada's contribution towards the costs of the BC Benefits and Measures. In conducting the annual reviews, Canada undertakes to provide British Columbia with a three year projection of Canada's annual allocation which is based on current trends, but which is subject to change. The agreed amount of Canada's contribution towards the costs of the BC Benefits and Measures for each Fiscal Year will then be specified in the Annual Annex for that Fiscal Year.

Contribution towards British Columbia's administration costs

14.6 In addition to the annual contribution towards the costs of the BC Benefits and Measures, Canada, through the Commission, agrees to make an annual contribution to British Columbia towards the Administration Costs incurred by British Columbia in each Fiscal Year during the Period of the Agreement.

14.7 Subject to Articles 14.9 and 14.10, the amount of the maximum annual contribution towards British Columbia's Administration Costs will be an amount determined in accordance with the methodology described in the letter of September 25, 1996 from Canada's Deputy Minister of Human Resources Development to British Columbia's Deputy Minister of Education, Skills and Training.

14.8 The maximum amount payable by Canada in the annual contribution towards British Columbia's Administration Costs determined under Article 14.7 in each Fiscal Year is $20,535,000.

14.9 The maximum amount of the contribution in respect of British Columbia's Administration Costs, as determined under Article 14.7, that is payable in any Fiscal Year falling within the three year period following the date of transfer of federal employees to British Columbia shall be reduced if there is any reduction in the amount of the normal salary, as set out in the Employee Transfer Agreement, paid to those employees in that Fiscal Year. The amount of the reduction in the contribution for the fiscal year in question shall be an amount equal to the aggregate of the reduction in the agreed normal salaries payable to the transferred employees.

14.10 The maximum amount payable under Article 14.8 may be increased by an amount equal to savings in accommodation costs in relation to federal employees actually transferred to British Columbia as federal leases become renewed following the transfer. Funds will be made available to British Columbia as leases become renewed following a transfer or as otherwise jointly agreed to by the designated officials. The additional amount payable by Canada will not exceed $2,248,000 in each Fiscal Year.

15.0 Transfer of assets

15.1 Canada and British Columbia will develop an inventory of assets to be transferred for no consideration to British Columbia. The assets to be transferred to British Columbia will be related to the extent of labour market development responsibilities assumed by British Columbia and the number of Canada's employees transferred to British Columbia.

15.2 The timetable for the transfer of assets will be established by the Transition Committee. No transfer will occur prior to the signing of the Employee Transfer Agreement referred to in Article13.

16.0 Payment procedures

16.1 As of February 2, 2009 or on such later date as jointly agreed by the Designated Officials on which British Columbia begins implementation of the BC Benefits and Measures, Canada will make advance payments of its annual contribution towards the Costs of BC Benefits and Measures. The advances will be made on a monthly basis and will be based upon a forecast of cash flow requirements furnished by British Columbia. British Columbia agrees to update the forecast on a quarterly basis.

16.2 As of February 2, 2009, or on such later date as is jointly agreed by the Designated Officials on which British Columbia begins implementation of its BC Benefits and Measures, Canada will make equal monthly installments of its annual contribution, towards the Administration Costs incurred by British Columbia.

17.0 Annual annex

17.1 Prior to the commencement of the implementation by British Columbia of its BC Benefits and Measures, and prior to the beginning of each Fiscal Year thereafter during the term of this Agreement, Canada and British Columbia agree to set out in an Annual Annex to this Agreement the following:

  • (a) the agreed annual targets for the Fiscal Year for the results indicators referred to in Annex 4;
  • (b) the three-year projection referred to in Article 14.5 of Canada's maximum annual contributions towards the Costs of the BC Benefits and Measures; and
  • (c) the actual amount of Canada’s contribution towards the Costs of BC Benefits and Measures for the coming Fiscal Year.

17.2 The designated officials are authorized to sign the Annual Annexes on behalf of their respective party.

18.0 Financial accountability

18.1 For Fiscal Year 2008-2009, and for each Fiscal Year thereafter during the term of this Agreement, British Columbia will submit to Canada a report containing:

  • (a) an audited financial statement prepared in accordance with generally accepted accounting principles and practices and in a form prescribed by Canada, and certified by the Auditor General of British Columbia or his or her designate, setting out the amount of the Costs of BC Benefits and Measures that British Columbia has actually incurred in that Fiscal Year in respect of each of the BC Benefits and Measures; and
  • (b) a statement from the Auditor General of British Columbia or the designate certifying that all payments received from Canada in the Fiscal Year on account of Canada's contribution to its Administration Costs were paid in respect of Administration Costs actually incurred in that Fiscal Year.

18.2 British Columbia will submit the report no later than three months after the end of the Fiscal Year to which it relates.

19.0 Overpayment and lapsing funds

19.1 If payments made to British Columbia under this Agreement exceed the amounts to which British Columbia is entitled, the amount of such excess is a debt owing to Canada and will be repaid to Canada upon receipt of notice to repay.

19.2 Any unutilized contribution for a given Fiscal Year will lapse.

20.0 Public information

20.1 British Columbia and Canada agree on the importance of ensuring that the public is informed of their respective roles and, in particular, the financial contribution of Canada and the responsibility of British Columbia with regard to the administration of BC Benefits and Measures under this Agreement.

20.2 British Columbia agrees to acknowledge Canada’s support of the BC Benefits and Measures in signage, public announcements, program descriptions and correspondence, and public reports on the BC Benefits and Measures.

20.3 Canada and British Columbia agree to cooperate to provide opportunities for announcements, ceremonies, celebrations, and releases of reports to allow representatives of Canada and British Columbia to clearly articulate the role of each government in supporting the BC Benefits and Measures. Canada and British Columbia will jointly prepare public information material and jointly organize and participate in any public announcement relating to the signing of this Agreement and of any agreements referred to in the Annexes that are to be signed in the future.

20.4 British Columbia will ensure that cheques or deposit statements for EI Clients receiving assistance under its BC Benefits and Measures either directly from British Columbia or through an organization receiving funding from British Columbia, will include the Government of Canada word mark.

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

21.0 Designated officials

21.1 Upon signing this Agreement, each party will provide to the other the name of its Designated Official. 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.

21.2 Designated Officials, or their designates, will meet as required to resolve issues that emerge from the Agreement.

22.0 Management committee

22.1 British Columbia and Canada agree to establish a British Columbia–Canada Management Committee, for an indeterminate period, when British Columbia assumes responsibility for providing the BC Benefits and Measures set out in the Agreement.

22.2 The Management Committee will meet at least twice annually or as agreed.

22.3 The Management Committee will be composed of representatives of British Columbia and Canada and will be co-chaired by both of the parties. Specific representation is to be determined by each of the parties. Decisions of the Management Committee will be by consensus. If consensus cannot be reached, then the issue(s) will be referred to the appropriate Deputy Ministers for both of the parties. If the issue cannot be resolved by the Deputies, it shall be referred to the appropriate Ministers for both of the parties to be resolved.

22.4 The Management Committee will provide a forum to exchange information and have discussions related to labour market challenges facing employers, employees and unemployed individuals across British Columbia, with a focus on improving productivity. More specifically, the Management Committee shall be responsible for:

  • (a) providing direction to resolve issues arising from the management of the agreement;
  • (b) discussing annual result targets as described in Article 8.0;
  • (c) discussing British Columbia’s annual plan;
  • (d) overseeing Year 2 Review and evaluation responsibilities outlined in Article 9.0;
  • (e) maintaining linkages with the planning processes under the Canada-British Columbia Labour Market Agreement;
  • (f) developing measures referred to in Article 12 for ensuring employment insurance program integrity;
  • (g) sharing views on labour market programs and policies as well as broader developments in the labour market; and
  • (h) other matters as they may agree on.

23.0 Term of agreement

23.1 This Agreement will remain in force until terminated in accordance with Article 24.

24.0 Termination

24.1 After completion of the Year 2 Review under Article 9.1, either party can terminate the Agreement at any time by two Fiscal Years' written notice of intention to terminate to the other party.

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

25.0 Amendment

25.1 This Agreement may be amended at any time with the mutual consent of the parties. To be valid, every amendment must be in writing and signed, in the case of Canada, by Canada's Minister of Human Resources and Social Development and the Commission, and in the case of British Columbia, by the Minister of Employment and Income Assistance, or by their authorized representatives.

25.2 Notwithstanding Article 25.1, an amendment to any Annex to this Agreement may be signed by the Designated Officials of the parties.

26.0 Equality of treatment

26.1 During the term of this Agreement, if a province or territory other than British Columbia negotiates an agreement (or any amendment to such an agreement) with Canada based on Canada's May 30, 1996 proposal, and any provision of, or omission from, that agreement (or amendment) is more favourable to that province or territory than what was negotiated with British Columbia, Canada agrees to amend this Agreement upon the request of British Columbia in order to afford similar treatment to British Columbia.

27.0 General

27.1 No member of the House of Commons or Member of the Legislative Assembly of British Columbia will be admitted to any share or part of this Agreement or to any benefit arising therefrom.

28.0 Effective date

28.1 This agreement will be effective when signed by both parties.

This Agreement has been signed on behalf of Canada by the Minister of Human Resources and Skills Development, styled Minister of Human Resources and Social Development, and the Canada Employment Insurance Commission this ____ day of _________________, 2008.

______________
Witness

______________
Minister of Human Resources
and Skills Development, styled
Minister of Human Resources and Social Development

______________
Witness

______________
Chairperson,
Canada Employment Insurance Commission

This Agreement has been signed on behalf of British Columbia by the Minister of Economic Development this ____ day of ____________, 2008.

______________
Witness

______________
Minister of Economic Development

Annex 1 - Description of BC benefits and measures

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.

Annex 2 - National Employment Service functions

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.

Annex 3 - Delivery arrangements

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.

Annex 4 - Indicators for measuring results of BC benefits and measures and annual results targets and reporting

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.

Annex 5 - Canada – British Columbia exchange of information and data sharing arrangements

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 1st day of September, 2015.

______________
Witness

______________
Michael Gardiner
Assistant Deputy Minister
Assistant Deputy Minister’s Office
Western Canada and Territories Region

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

______________
Witness

______________
Sheila Taylor
Deputy Minister
Ministry of Social Development and Social Innovation

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.

3.3.1 Based on the monthly data files on EI Clients and non-insured participants 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 by Canada in a return file to assist British Columbia in reviewing and verifying Canada's reporting of results on the number of clients employed and the amount of their unpaid benefits:

  • social insurance number
  • provincial office/catchment code
  • EI Client status
  • benefit period commencement
  • initial benefit period
  • new benefit period commencement
  • last week of entitlement
  • benefit rate
  • month code
  • last week processed
  • total weeks paid
  • weeks paid sub-counter
  • unpaid benefits
  • training ID
  • intervention code
  • intervention start date
  • intervention end date
  • training/self-employment project start week
  • training/self-employment project end week
  • action plan ID (ICM Service Plan number)
  • action plan result
  • action plan result week/date
  • intervention result
  • intervention result week/date
  • apprenticeship client indicator
  • group services type
  • date of group session
  • unit 143- LMDA EI claimants who find employment before the end of their insurance entitlement period as a result of BC Benefits and Measures
  • unit 144 - LMDA EI claimants who are recorded as employed after their insurance entitlement period as a result of BC Benefits and Measures
  • unit 145 - LMDA EI claimants who become employed before the end of their insurance entitlement period as a result of a BC group service
  • unit 146 - former LMDA EI claimants who become employed as a result of BC Benefits and Measures
  • unit 152 -EI Part I unpaid benefits resulting from EI claimants employed before end of insurance entitlement period, as a result of BC Benefits and Measures (corresponds to unit 143 - non - TWS)
  • unit 153 -EI Part I unpaid benefits resulting from EI claimants employed before end of insurance entitlement period as a result of a BC TWS intervention (wage subsidy - corresponds to unit 143 - TWS program)
  • unit 154 -EI Part I unpaid benefits resulting from EI claimants employed before end of insurance entitlement period as a result of a BC group service (corresponds to unit 145)

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
19th Floor – 1050 W Pender Street
Vancouver, BC
V6E 3S7
ELMS.Procurement@gov.bc.ca

Annex 6 – Employee transfer agreement

Between

The Government of Canada as represented by the Department of Human Resources and Skills Development (Canada)

And

The Government of the province of British Columbia as represented by the British Columbia Public Service Agency (British Columbia)

1. Introduction

1.1 This Employee Transfer Agreement is concluded under the provisions of the Canada - British Columbia Labour Market Development Agreement signed February 20, 2008. This Agreement sets out the terms and conditions under which federal employees will transfer from Canada to British Columbia.

1.2 Canada agrees that offers of employment made to its employees in accordance with the terms of this Agreement meet the requirements of a Reasonable Job Offer (Type 2) as defined in Part VII of the Workforce Adjustment Directives.

1.3 The transfer date will be February 2, 2009.

1.4 Except as otherwise provided in this Agreement, effective the transfer date, transferring employees will become regular employees of British Columbia pursuant to the provincial PublicService Act and the Public Service Labour Relations Act. Unless otherwise provided by this Agreement, transferring employees will be covered by the terms and conditions of the British Columbia Government and Service Employees' Union (BCGEU) Master and applicable Component Agreements.

2. Definitions

2.1 An "affected employee" is an indeterminate employee of HRSDC appointed pursuant to Canada's Public Service Employment Act and who occupies a position identified for transfer to British Columbia.

2.2 "Continuous employment' means one or more periods of service in the Public Service as defined in Canada's Public Service Superannuation Act, with allowable breaks only as provided for in the terms and conditions of employment applicable to the employee. For the purpose of this Agreement, continuous employment will be used to establish eligibility and/or entitlement for severance pay upon transfer, and service seniority with British Columbia.

2.3 "Continuous/Discontinuous service" means one or more periods of service as defined by Canada's Public Service Labour Relations Act. For the purpose of this Agreement transferring employees' entitlement to vacation leave will be established on the basis of their continuous/discontinuous service with Canada, provided the employee did not receive severance pay for their previous period(s) of service.

2.4 "Current HRSDC hourly rate of basic pay" means the rate of pay (expressed as an hourly rate) of affected employees immediately prior to the transfer date. The hourly rate will be calculated by dividing the affected employee's annual salary by 1956.6.

2.5 "Current Ministry of Employment and Income Assistance (ME/A) hourly rate of basic pay" means the rate of pay (expressed as an hourly rate) of transferring employees immediately after the transfer date. The rate will be established in accordance with Appendix 3 of the BCGEU Master Agreement.

2.6 An "indeterminate employee" means an affected employee of Canada who is employed for an indeterminate period of time. The expression is equivalent to "regular employee" under the Public Service Act of British Columbia.

2.7 A "part-time indeterminate employee" means an affected employee of Canada whose scheduled hours of work are less than the full­time hours that are specified in their collective agreement.

2.8 "Salary" refers to the annual salary of the affected employees immediately prior to the transfer date, not including adds-to-pay such as, but not limited to bilingual bonus, isolated post allowances, terminable allowances or market adjustments.

2.9 " Termination" means cessation of employment with British Columbia.

2.10 A "transferring employee" means an employee of Canada who receives and accepts an offer of employment from British Columbia under this Agreement, and who transfers. The employee must remain employed by HRSDC up to his/her transfer date in order to be considered a transferring employee.

3. Offers of employment

3.1 Canada agrees to provide British Columbia with a list of affected employees, along with their position title, classification, salary, work location and bi-weekly hours for those who are part-time, prior to the date of signing of this Agreement. In so far as the parties agree, this list may be modified until such time as British Columbia begins issuing offers of employment.

3.2 Employees identified on the list of affected employees will receive an irrevocable letter of offer of regular employment from British Columbia no later than August 2, 2008.

3.3 The letter will specify the position title, classification level, salary being offered, the hours of work, and the work location. The letter will also describe any salary protection in accordance with this Agreement and include a provision that the offer of employment is valid only if the employee remains an indeterminate employee of HRSDC up to his/her date of transfer.

3.4 Affected employees, including those referenced in section 14, will have 60 calendar days from the date of delivery of the letter of offer to advise British Columbia of their decision to accept or refuse the offer of employment.

3.5 The date of delivery of a letter of offer, if it is hand-delivered, will be the date on which the letter is given to the employee. If it is mailed, the date of delivery will be deemed to be five calendar days after the date on which it was mailed.

3.6 British Columbia will provide Canada with copies of the letters of offer of employment.

4. Probationary period

4.1 There will be no probationary period for transferring employees if they have already served a probationary period with Canada.

4.2 Transferring employees who have not served six (6) months of probation with Canada will serve the remainder of the probationary period upon transfer to British Columbia.

4.3 Canada will provide British Columbia with a list of those transferring employees who have not completed six (6) months probation by the transfer date. The list will specify the period of probation served with Canada.

5. Classification and salary

5.1 All transferring employees will be appointed to regular positions with British Columbia's Public Service. These positions will be classified in accordance with the BCGEU Master Agreement and provincial classification standards.

5.2 The salary of transferring employees upon appointment to positions in British Columbia will be determined based upon a comparison of hourly rates of basic pay as defined herein.

5.3 Transferring employees whose current HRSDC hourly rate of basic pay is below the minimum of the salary range for the classification established pursuant to section 5.1 (as expressed on an hourly basis) will be placed at the minimum of that salary range.

5.4 Transferring employees whose current HRSDC hourly rate of basic pay is within the salary range for the classification established pursuant to section 5.1 (as expressed on an hourly basis) will have their basic rate of pay maintained.

5.5 Transferring employees whose current HRSDC hourly rate of basic pay is above the salary range for the classification established pursuant to section 5.1 (as expressed on an hourly basis) will be placed at the maximum of that salary range.

5.6 Transferring employees will be eligible to receive salary increments in accordance with British Columbia's policy regarding increments. On the date of transfer Canada will provide British Columbia with the increment dates of transferring employees. British Columbia agrees to maintain those dates.

5.7 British Columbia agrees to provide, for a period of three (3) years following the date of transfer, salary protection in accordance with the principles of Article 27.7 of the BCGEU Master Agreement for any transferring employee whose annual salary with British Columbia is less than the annual salary received in their substantive position with Canada.

5.8 Transferring employees whose annual salary with British Columbia is less than their annual salary with Canada will receive an annual salary adjustment. This annual salary adjustment will be equal to the difference between the annual salary paid by Canada and the annual salary paid by British Columbia and will be divided into twenty-six (26) equal payments and added to the gross bi-weekly salary of transferring employees. The adjustment will be treated as salary for all purposes, including pension calculations, and will cease on February 2, 2012, or when the employee's base salary equals or exceeds their adjusted salary, whichever is earlier.

5.9 The annual salary adjustment will be reduced to reflect the implementation of any general salary increase under the BCGEU Master Agreement during this three year period.

5.10 Salary protection will be based on annual federal and provincial salary scales in effect on the transfer date. The calculation will not be affected by any retroactive salary increases agreed to after the transfer date.

6. Employment guarantee

6.1 As provided in the LMDA between Canada and British Columbia, and subject to section 6.2, British Columbia undertakes that in no event, except with the written consent of a transferring employee, will the employment of that employee be terminated prior to the end of the three year period following the transfer date, other than for just cause.

6.2 Transferring employees who, as a result of an employee initiated action, voluntarily accept a position other than those transferred from Canada, will lose the employment guarantee provided in section 6.1.

6.3 The employment guarantee will cease on February 2, 2012 in all cases.

7. Overtime banks

7.1 Canada agrees to pay out any accumulated overtime earned by transferring employees prior to the transfer date. Transferring employees will not be allowed to carry over accumulated overtime to British Columbia.

7.2 Effective as of the date of signing of this Agreement, Canada agrees not to authorize any requests for compensatory time off for transferring employees which will commence after or continue beyond the transfer date.

8. Hours of work

8.1 Full-time indeterminate employees will receive an offer from British Columbia of regular full-time work.

8.2 Part-time indeterminate employees will receive an offer from British Columbia of regular part-time work that is consistent with, but may not be identical, to their pre-transfer hours of work.

8.3 Transferring employees will be governed by the local hours of work agreements applicable to the majority of the employees in the existing British Columbia work unit. These local hours of work agreements are subject to and may be amended in accordance with the provisions of the BCGEU Master and Component Agreements.

8.4 All flexible and variable employment agreements between the transferring employees and Canada shall expire on the transfer date. All transferring employees will be governed by the hours of work provision specified in the BCGEU Master and Component Agreements.

9. Seniority

9.1 Transferring employees will have their continuous employment with Canada recognized as service seniority under the BCGEU Master and Component Agreements.

9.2 Service seniority for part-time employees at the time of transfer shall be pro-rated on the basis of one year's service seniority for every 1956 hours of regularly scheduled work, not including overtime.

9.3 Seniority established above will not be applied for future calculation of severance or retiring allowance from British Columbia. This will be based only on the transferring employee's service with British Columbia after the transfer date.

10. Vacation leave

10.1 All continuous/discontinuous service with Canada will be recognized by British Columbia for the purpose of determining the transferring employee's future vacation leave entitlement.

10.2 Transferring employees' vacation leave entitlement will be calculated as follows :

  • 10.2.1 Vacation leave entitlement with Canada will be pro-rated from April 1, 2008 to the transfer date, and
  • 10.2.2 Vacation leave entitlement with British Columbia will be pro­ rated from the transfer date to December 31, 2009.

10.3 British Columbia will make every effort to honour vacation or short term unpaid leaves of absence scheduled from the transfer date to December 31, 2009, which have been approved by Canada. Any vacation taken during this period will be charged against the entitlement established in section 10.2.2.

10.4 Canada agrees to provide British Columbia, prior to the transfer date, a list of approved leaves of absence identified pursuant to section 10.3.

10.5 Canada agrees to pay out all vacation credits unused at the date of transfer. As of the date of transfer, transferring employees will accumulate vacation credits in accordance with Article 18.1 of the BCGEU Master Agreement.

11. Benefit plans

11.1 Subject sections to 11.3 and 11.4, transferring employees will be eligible for enrollment in British Columbia's health and welfare plans immediately upon transfer provided that they were eligible under the corresponding federal plans. No evidence of insurability will be required prior to enrolment.

11.2 Transferring employees who were not eligible under the corresponding federal plans will be required to meet the eligibility requirements of British Columbia's plans.

11.3 The parties agree that transferring employees will not carry over any sick leave credits earned but not used as of their transfer date.

11.4 Transferring employees will have the option of enrolling in the following benefit plans:

  • (a) Basic Medical Plan
  • (b) Extended Health Benefit Plan
  • (c) Dental Plan

Enrollment in the Group Life Insurance Plan is compulsory.

12.0 Pension plan arrangements

12.1 All transferring employees will be covered by the British Columbia Public Sector Pension Plans Act and will commence contributions to the British Columbia Public Service Pension Plan as of the transfer date.

12.2 The existing Pension Transfer Agreement will apply to transferring employees.

13. Severance pay

13.1 On termination from employment with Canada, Canada will pay transferring employees severance pay at the rate established by Canada.

13.2 Subsequent to the transfer date severance pay will be based on service with British Columbia.

14. Employees on leave on the transfer date

14.1 The parties recognize that, for a variety of reasons, some affected employees will be unable to start work on the transfer date. In these cases, Canada and British Columbia will meet to determine the most appropriate resolution to individual cases considering the following:

  • 14.1.1 Affected employees on approved maternity or parental/paternity leave as of the transfer date will start work with British Columbia on the date upon which they would have been scheduled to return to work at the expiry of such leaves;
  • 14.1.2 Affected employees on sick leave as of the transfer date will have their transfer reviewed by the parties on a case by case basis. Where there is an indication that the affected employee will be able to return to work within one year of the transfer date, they will start work with British Columbia on the date upon which they are able to return to work;
  • 14.1.3 Affected employees referred to in 14.1.1 and 14.1.2 will remain employees of Canada until their start date with British Columbia on which date they will transfer and become employees of British Columbia.
  • 14.1.4 Affected employees who are on approved, unpaid leaves other than those mentioned in 14.1.1 and 14.1.2, will be deemed to transfer to British Columbia on the transfer date. British Columbia agrees to honour the balance of the approved leave up to a maximum of one year after the transfer date. Such leave will be considered a general leave of absence under Article 20.10 of the BCGEU Master Agreement. It is acknowledged that the employee will be responsible for payment of their benefit premiums and pension contributions in accordance with the terms of the BCGEU Master Agreement and provincial policy.
  • 14.1.5 Except for affected employees referred to in 14.1.1 and 14.1.2, Canada agrees not to transfer any employee who is on an approved unpaid leave that extends past February 2, 2010.

14.2 Canada agrees to cease income averaging and self-funded leaves prior to the transfer date. Continuous service with Canada will be recognized as continuous service for purposes of applying for deferred salary leave after the transfer date.

14.3 Effective as of the date of the signing of this Agreement, Canada agrees not to approve requests for discretionary leaves which will commence after or continue beyond February 2, 2009.

15. Liability

The Parties agree that Canada retains the liability to pay any damages or award, including any retroactive award, to any affected employee as a result of any dispute, grievance or other action commenced by or on behalf of the employee the basis for which arose during the period of employment with Canada.

Signed on behalf of Canada on the 30 day of May 2008

______________
Witness

______________
Andy Netzel
Regional Executive Head
British Columbia, Alberta and the
Territories Regions
Human Resources and Skills Development

Signed on behalf of British Columbia on the 27th day of May 2008

______________
Witness

______________
Doug Caul
Assistant Deputy Minister
Labour Relations Branch
Employee Relations Division
British Columbia Public Service Agency

______________
Witness

______________ Nancy L. Davis
Senior Labour Relations Specialist
Labour Relations Branch
Employee Relations Division
British Columbia Public Service Agency

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