Agreement to Amend the Canada - British Columbia Labour Market Development Agreement

Between

The Government of Canada (hereinafter referred to as "Canada") as represented by the Minister of Employment and Social Development styled as the Minister of Employment, Workforce Development and Official Languages and the Canada Employment Insurance Commission.

And

The Government of British Columbia (hereinafter referred to as "British Columbia") represented by the Minister of Social Development and Poverty Reduction.

Hereinafter referred to as "the Parties".

Preamble

Whereas the parties concluded the Canada-British Columbia Labour Market Development Agreement ("Canada-British Columbia LMDA") on February 20, 2008;

Whereas the Canada-British Columbia LMDA was amended on April 9, 2009, September 1, 2015, December 15, 2016, March 27, 2018, March 23, 2019, January 14, 2020, and June 16, 2023;

Whereas the parties recognize that engaging with official language minority community organizations and providing services to official language minority communities are critical to the vitality of those communities;

Whereas in compliance with the January 28, 2022 decision of the Federal Court of Appeal, on March 29, 2022 Canada issued a notice of termination of the Canada-British Columbia LMDA in its present form effective March 31, 2024;

Whereas the parties agree that to comply with the January 28, 2022 decision of the Federal Court of Appeal and avoid termination of the Canada-British Columbia LMDA on March 31, 2024, it is necessary to amend the Canada-British Columbia LMDA and insert terms reflecting Canada's obligations towards British Columbia's French linguistic minority community under Part VII of the Official Languages Act;

Whereas the parties acknowledge that the inserted terms intended to comply with the January 28, 2022 decision of the Federal Court of Appeal will be included in any subsequent iteration of the Canada-British Columbia LMDA;

Clauses

1. Article 3.2.1 d. is deleted and replaced by:
   • (d) the process or processes that British Columbia used for consultations referred to in Article 3.2.2 with stakeholders other than official language minority community stakeholders, including a list of stakeholders consulted and the main themes coming from those consultations; and
2. The following article is added immediately after Article 3.2.1 d.:
   • e. in a separate section of the annual plan specifically for official language minority communities in British Columbia:
     1. details of the process or processes that British Columbia used for the consultations referred to in Article 3.2.2 with official language minority community stakeholders, including:
        1. a list of the official language minority communities and stakeholders serving or representing the French-speaking population in British Columbia that were consulted
        2. the mechanisms or frameworks in place to support those consultations; and
        3. the main themes from or outcomes of those consultations
     2. details of targeted objectives for official language minority communities for the Fiscal Year, efforts to be directed towards meeting those objectives, projected expenditures benefitting members of those communities and how the objectives, efforts and expenditures respond to the main themes from or outcomes of the consultations referred to in paragraph (i); and
     3. if the targeted objectives, directed efforts or projected expenditures provided under subparagraph (ii) vary from the targeted objectives, directed efforts or projected expenditures of the previous fiscal year, any known qualitative or quantitative reason for the change, as well as any identified impacts on or benefits for official language minority communities, including those identified as a result of consultations with official language minority community organizations and any proposed measures or initiatives British Columbia will undertake in response
3. Article 3.2.2 is amended by replacing Article 3.2.2 with the following:
   • 3.2.2 In developing each annual plan referred to in Article 3.2.1 British Columbia agrees to:
     • (a) consult with relevant stakeholders in British Columbia, including, but not limited to, organizations representing both employers and employees and official language minority community stakeholders; and
     • (b) include as part of such consultations with official language minority community stakeholders, any variations between Fiscal Years of objectives and outcomes achieved and actual expenditures benefitting official language minority communities that British Columbia identifies and reports pursuant to Appendix 4, section 2.5 (i) (a) (vii)
4. The following article is added immediately after Article 3.2.2:
   • 3.2.3 It is understood and agreed that investments made by Canada in other grants and contributions towards official language minority communities do not remove or diminish British Columbia's obligations or investments towards official language minority communities under this Agreement.
5. The following article is added immediately after Article 5.1:
   • 5.1.1 In the development and administration of BC Benefits and Measures and in carrying out the functions of the National Employment Service, British Columbia will take into account the needs of official language minority communities in British Columbia.
6. Article 5.2 is amended by replacing Article 5.2 with the following:
   • 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 in any area of British Columbia where there is a significant demand for the provision of the assistance, or the performance of those functions, in that language.
7. Article 5.3 is amended by replacing Article 5.3 with the following:
   • 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:
     • (a) 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 (Communications with and Services to the Public) Regulations made pursuant to Canada's Official Languages Act; and
     • (b) consult with official language minority community stakeholders in British Columbia
8. Article 5.4 is amended by replacing Article 5.4 with the following:
   • 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. British Columbia will ensure that such consultations provide official language minority communities and official language minority community organizations with an opportunity to make representations about the delivery of BC Benefits and Measures.
9. The following Articles are added immediately after Article 5.4:
   • 5.4.1 For any area of British Columbia in which, in accordance with Article 5.3, there is considered to be a "significant demand" for the provision of BC Benefits and Measures or for performance of the functions referred to in Article 5.2 (b), in the language of an official language minority community, British Columbia agrees to support the facilitation of working relationships between official language minority community organizations and organizations that are part of the BC Benefits and Measures service delivery network, for the purposes of supporting members of the community in accessing BC Benefits and Measures.
   • 5.4.2 The parties will communicate and consult with each other and, where applicable, with official language minority community organizations, about labour market development programs and services that they deliver for official language minority communities in British Columbia to ensure that these programs and services are complementary.
10. Article 16.4 is amended by replacing Article 16.4 with the following:
    • 16.4 Canada will make payment of its second installment for the Fiscal Year in accordance with Article 16.2 and 16.2.2 following receipts of British Columbia's financial report and annual report in accordance with Article 18, Article 8.4 and Article 2.5 of Annex 4.
11. Article 22.4 b. is amended by replacing Article 22.4 b. with the following:
    • b. Exchanging information on regional or local labour market challenges and priorities and the results of engagement, consultation, or facilitation, undertaken pursuant to Articles 3.2.2, 5.3, 5.4 and 5.4.1 with relevant stakeholders, including official language minority communities and other minority communities;
12. Article 22.4 d. is amended by replacing Article 22.4 d. with the following:
    • d. Providing a forum for discussing regional issues and ways to better coordinate the delivery of federal and British Columbia programs, including the communication and consultation described in Article 5.4.2;
13. The following Article is added immediately after Article 22.4:
    • 22.5 Canada and British Columbia agree to establish a regular item on the agenda of the Workforce Development Committee that will serve as an opportunity to collaborate on, and oversee, the new measures within this agreement regarding official language minority communities. The parties may invite official language minority community stakeholders to participate by making representations or presentations, in that agenda item where such opportunities are identified by mutual agreement. The agenda item will also allow both parties to discuss the complementarity and alignment of programming for official language minority communities provided by British Columbia using Canada's financial contributions made under this Agreement, with other labour market programming that addresses official language minority communities.
14. Article 2.5 of Annex 4 is amended by adding the following text to the end of the Article:
    • vi. In a separate section specifically about official language minority communities in British Columbia, outcomes achieved and actual expenditures benefitting members of those communities and how the outcomes and expenditures relate to consultations British Columbia carries out with official language minority community organizations for purposes of Article 3.2.1 of the Agreement; and
    • vii. if the objectives and outcomes achieved and actual expenditures benefitting official language minority communities that are provided under subparagraph (vi) vary from the previous fiscal year, any known qualitative or quantitative reason for the variation and any measures or initiatives British Columbia undertook in response.
15. These amendments come into force once the amending Agreement has been signed by both Parties.