Canada – Manitoba Labour Market Development Agreement

Contribution towards costs of provincial benefits and provincial measures

13.2 In each of fiscal years 1997/98 to 1999/2000, Canada (through the Commission) agrees to make a maximum contribution to Manitoba towards the costs of provincial benefits and provincial measures incurred by it in those years of an amount to be determined in accordance with the allocation methodology described in the letter of June 26, 1996 from Canada's Deputy Minister of Human Resources Development to Manitoba's Deputy Minister of Training and Advanced Education attached as Annex 7 to this Agreement.

13.3 The currently projected maximum amount of Canada's contribution towards the costs of Manitoba's provincial benefits and provincial measures for each of those fiscal years is as follows:

• fiscal year 1997/98: $46,315,000
• fiscal year 1998/99: $48,662,000
• fiscal year 1999/2000: $49,521,000

Manitoba recognizes, however, that given the nature of the allocation methodology, the actual amount of the maximum contribution payable in 1998/99 and 1999/2000 cannot be ascertained until shortly after January of the immediately preceding fiscal year. Further, the maximum contribution payable would change should the allocation methodology change as a result of a consensus between provinces/territories and Canada. It is noted that to assist Manitoba in planning and budgeting for its provincial benefits and provincial measures, HRDC will undertake to provide in December of each year, a preliminary estimate of Canada's maximum contribution for the subsequent year.

13.4 For each fiscal year after the fiscal year 1999-2000 during the period of this Agreement, Canada's contribution towards the costs of the provincial benefits and provincial measures will be reviewed by the parties. At each annual review, Canada undertakes to provide Manitoba with a three-year projection of Canada's annual allocation which is based on current trends that are subject to change. The agreed amount of Canada's contribution towards the costs of the provincial benefits and provincial measures for each such fiscal year will then be specified in the Annual Annex for that fiscal year.

13.5 It is understood and agreed that Canada will continue to offer its employment benefits and support measures after April 1, 1997 until Manitoba commences delivery of its provincial benefits and provincial measures and that, notwithstanding section 13.2, the maximum contribution payable to Manitoba in the fiscal year 1997/98 will be reduced by the value of the financial commitments made by Canada under its employment benefits and support measures.

Contribution towards administration costs

13.6 In addition to providing a contribution towards the costs of the provincial benefits and provincial measures, Canada (through the Commission) agrees to make a contribution towards the administration costs incurred by Manitoba in each fiscal year during the period of the Agreement.

13.7 The maximum amount of the annual contribution towards Manitoba's administration costs shall 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 Manitoba's Deputy Minister of Training and Advanced Education and attached as Annex 8 to this Agreement, subject to a reduction in that amount in the circumstance described in section 13.8 or to an increase in that amount in the circumstances described in section 13.9.

13.8 The maximum amount of the contribution for administration costs, as determined under section 13.7, that is payable in any fiscal year falling within the three year period following the date of transfer of HRDC employees to Manitoba shall be reduced if there is any reduction in the amount of the normal salary, as set out in an Employee Transfer Agreement, paid to those employees in that fiscal year as a result of the application of Manitoba's Reduced Work Week Program for the Manitoba Civil Service, or of any similar successor program. The amount of the reduction in the maximum 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.

13.9 The amount of the maximum contribution for administration costs determined in accordance with section 13.7 may be increased depending upon the actual financial resources available to Canada as a result of adjustments to the calculation of employee benefits or after the termination of various property leases which is expected to occur as a result of reduced accommodation requirements for Canada flowing from the transfer of HRDC employees to Manitoba under the employee transfer arrangements referred to in section 12.

1.0 Purpose

1.1 The purpose of this Annex to the Canada-Manitoba Agreement on Labour Market Development is to describe the programs and services, also referred to as provincial benefits and provincial measures, that will be provided by Manitoba.

1.2 Manitoba will plan, design, deliver and manage provincial benefits and provincial measures which are similar to the employment benefits and support measures established by the Commission under Sections 59 and 60(4) of the Employment Insurance Act and are consistent with the purpose and guidelines of Part II of the Act.

2.0 Objectives

2.1 Manitoba views the development of new federal-provincial labour market arrangements as an opportunity to integrate training and employment services for unemployed Manitobans within the provincial economic framework.

2.2 Manitoba's objectives to be achieved through these new arrangements are as follows:

• a) To provide a "seamless", fully integrated and cost-effective continuum of employment programs and services for unemployed Manitobans, and in doing so, improve client service and reduce overlap and duplication.
• b) To provide access and linkages to employment programs and services which are appropriate to the needs of Manitobans and relevant and responsive to the needs of employers, communities and the changing economy.
• c) To foster partnerships with communities and employers and encourage local level participation in planning and delivery of labour market development programming and services which are consistent with provincial economic priorities and opportunities.
• d) To foster self-reliance and personal commitment by individuals to achieve self-sufficiency through sustainable employment.

3.0 Provincial benefits and provincial measures

3.1 Overall approach

The objective of provincial benefits and provincial 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. In support of this objective and the objective of eliminating overlap and duplication, Manitoba intends to modify its existing employment programs and services to make them more responsive to client and community needs and to develop new approaches that are responsive to client and community needs.

In modifying existing employment programs and services and developing new ones, Manitoba intends to incorporate the following design features:

• a) increased flexibility to allow planning and delivery decisions to be made at the local level;
• b) strengthening of cooperative and partnership arrangements with other service providers and delivery agents;
• c) requirement of persons receiving assistance to develop and commit to personal action plans and also to share the costs of assistance as appropriate;
• d) the use of a case management approach to support clients, coordinate assistance and enable appropriate follow up to be done.

Manitoba will assume responsibility for selecting priority clients for provincial benefits and provincial measures but only insured participants will be given access to provincial benefits.

3.2 Provincial benefits

Manitoba will provide four provincial benefits to enable insured participants to obtain employment. Each is briefly described below.

3.3 Wage subsidies

Manitoba will modify existing wage assistance programs administered through Employment Programs Branch, Manitoba Education and Training. Wage subsidies will be used to encourage employers to permanently hire, to the fullest extent possible, insured participants who are at risk of extended periods of unemployment.

3.4 Employment partnerships

Based on current work experience and work placement programs operated through Employment Programs Branch, Manitoba Education and Training, Manitoba will develop employment partnerships with employers and community groups that facilitate employment of insured participants and/or provide insured participants with short-term work experience to help them acquire skills needed by local employers.

3.5 Self Employment Assistance

Manitoba will contract for self employment services with community partners and other delivery agents with expertise in local business development and assisting the unemployed, to select clients and provide customized coaching and ongoing advice and support in self employment.

3.6 Loans and grants

Manitoba will implement a loan and grant program for the education and training of insured participants so they can obtain the skills necessary for employment. This program will be administered through the province's existing Student Financial Assistance program. In accordance with section 57(e) of the Employment Insurance Act, insured participants will be expected to share the cost of training where appropriate.

3.7 Provincial measures

Manitoba will provide two provincial measures. Each is briefly described below.

3.8 Employment Assistance Services

Employment Assistance Services will be used to support delivery of delegated National Employment Service functions which are provided to help clients prepare for, find, get and keep jobs. It will be administered by Employment Programs Branch and delivered by third-party contractors who will be required to provide services that are geared to meeting the needs of specific client groups and local communities.

Services provided under this provincial measure will be accessible to all unemployed persons.

3.9 Labour Market Partnerships

Through employer and employee groups, sectoral associations and other community-based partners, Manitoba will facilitate labour market activities that deal with labour force development, workforce adjustment and human resources planning.

It is understood that Labour Market Partnerships will not be used to provide assistance for employed persons unless they are facing loss of employment.

3.10 Research and innovation

Manitoba also may develop a third provincial measure to support research, planning and innovative activities by partners who are strongly committed to investing in Manitoba's economic future and ensuring the active participation of Manitobans who want to work.

4.0 Service review

4.1 Following results assessments and program evaluations, Manitoba may make adjustments to the design and delivery of provincial benefits and provincial measures funded under this Agreement. Canada will be advised of such adjustments in accordance with section 3.5 of this Agreement.

5.0 Financial support to insured participants

5.1 The Employment Insurance Act does not provide for extending insurance benefits beyond the regular benefit period. Employment Insurance claimants may be authorized to continue to receive their insurance benefits for the normal duration of their claim under section 25 of the Employment Insurance Act through referral to an Employment Insurance funded benefit or measure. As stated in section 3.9 of this Agreement, Canada will provide Manitoba with the authority to make such referrals.

5.2 Financial support to Employment Insurance claimants in addition to, or beyond the normal duration of their claim, or to non-active claimants, will be paid from the program funds to be detailed under Section 13 of this Agreement, and administered by Manitoba.

1.0 Purpose

1.1 The purpose of this Annex is to set out the National Employment Service functions to be carried out by Manitoba on behalf of the Commission, within the context of the Employment Insurance legislation and the May 30, 1996 proposal to provinces and territories.

2.0 Service needs determination and employment counselling

2.1 Manitoba will provide service needs determination services and employment counselling services.

2.2 Service needs determination includes the identification of an individual's need for employment services and temporary income support and referral to services as appropriate.

2.3 Employment counselling includes interviews and consultations which result in the identification of barriers to continuing employment, and the development of plans of action.

3.0 Labour exchange

3.1 Canada and Manitoba agree that Manitoba will provide Labour Exchange Services in Manitoba. This includes gathering and disseminating job vacancy information for the purpose of assisting workers to obtain employment and employers to locate suitable workers.

3.2 Manitoba will undertake its Labour Exchange responsibilities in a manner which is consistent with the operation of the National Labour Exchange whereby:

• a) the taking of job orders and the dissemination of job order information is done in both official languages;
• b) accountability for order service management is clearly defined and assigned to ensure continuity and quality of service;
• c) linkages are maintained to ensure that Canadians have full access to Manitoba job orders and Manitoba employers have full access to Canadians seeking work;
• d) there is no discrimination on a prohibited ground within the meaning of the Canadian Human Rights Act or the Human Rights Code of Manitoba or because of political affiliation;
• e) HRDC kiosks and Internet labour exchange service products are maintained with up-to-date information;
• f) the International Labour Organization convention on the labour exchange is applied;
• g) Canada's contribution is recognized.

4.0 Labour market information

4.1 Canada and Manitoba agree to the preparation of a joint labour market information strategy which will set out how each party will cooperate in gathering, analysing, producing, disseminating and using local, provincial and national labour market information to support economic progress. Through this strategy, the parties will seek to do the following:

• a) provide appropriate and timely local, provincial and national labour market information to Manitoba workers, employers, students, governments and other partners;
• b) support the development of plans for delivering provincial benefits and provincial measures and assessing outcomes and impacts;
• c) support continuing delivery by Canada of Part I Employment Insurance benefits, Labour programming including fair wages and Employment Equity, and the provision of sound advice on admitting foreign workers into the provincial labour market;
• d) support ongoing analyses of Manitoba's labour market trends that will lead to the development of practical strategies for dealing with evolving labour market challenges.

4.2 The joint strategy will be consistent with National Labour Market Information System (NLMIS) methodology whereby:

• a) labour market information is available in both official languages;
• b) the HRDC national labour market information research framework and methodology (presently known as the Canadian Occupational Projection System), currently defined and supported in partnership with provinces, continues;
• c) linkages are maintained through the National Labour Market Information System and CanWorkNet to ensure that Canadians have access to Manitoba labour market information from elsewhere in Canada;
• d) HRDC kiosks and Internet labour exchange service products are maintained with up-to-date information;
• e) NLMIS methodological consistency and operational standards are applied to ensure data quality;
• f) partnerships are encouraged; and
• g) the contributions of both parties and other partners are recognized.

4.3 Labour market information may be local, provincial andnational in scope. It is structured to include the following elements:

• 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 and conditions of employment;
• f) vacancy and employment opportunities;
• g) reviews of labour market trends;
• h) occupational demand lists;
• i) potential employer lists;
• j) lists of training providers and available courses;
• k) major project updates;
• l) work search tools.

1.0 Purpose

The purpose of this Annex to the Canada-Manitoba Agreement on Labour Market Development is to describe the service delivery network for provincial benefits and provincial measures as outlined in Annex I and for the delegated National Employment Services functions as outlined in Annex 2.

2.0 Service delivery approach

2.1 Canada and Manitoba agree that all current service delivery locations of both parties will be maintained in each community until a review of service delivery sites has been completed.

2.2 Canada and Manitoba agree that co-located delivery sites represent an opportunity for the effective delivery of federal and provincial responsibilities within the context of this Agreement. Programs and services which will be delivered by either Manitoba or Canada should, wherever possible, be provided from common locations in order to improve efficiency and effectiveness.

2.3 Canada and Manitoba agree that decisions regarding the selection of service delivery sites within communities should give consideration to factors such as: historical/traditional service catchment areas, cost effectiveness, requirements under provincial and federal workplace legislation, accessibility for the physically disabled, the visibility needs of each order of government and office designs which enhance client service.

2.4 Provincial benefits and provincial measures will be delivered to the public at offices known as Employment Centres.

2.5 Arrangements for the provision of services beyond the scope of this Agreement may be established by the parties outside this Agreement.

3.0 Service delivery arrangements

3.1 In communities where both Canada and Manitoba currently maintain offices, a review will be undertaken on a site by site basis to determine the feasibility and timing of co-locating and integrating the provincial benefits and provincial measures described within this Agreement with previously existing provincial labour market programming. Further, on a site by site basis, the issue of co-locating Canada's remaining labour market programs and services, along with associated staff, within these delivery sites will be determined. Where such co-location is pursued, access to service will be enabled through a common front end. The following communities will be considered under this provision:

• - Winnipeg
• - Brandon
• - Thompson
• - The Pas
• - Dauphin
• - Portage la Prairie
• - Morden
• - Selkirk

3.2 In communities where either Canada or Manitoba, but not both, currently maintain offices, arrangements will be concluded during the transition period to ensure client access to both federal and provincial labour market programs and services. Based upon practical considerations, this could take the form of provision of basic information including pamphlets and applications up to and including full delivery of programs and services. Arrangements for the co-location of federal staff involved in delivery of remaining HRDC labour market programs and services will also be concluded where appropriate. The following communities will be considered under this provision:

• - Flin Flon
• - Swan River
• - Steinbach
• - Gimli
• - Beauséjour

3.3 In communities where neither Canada nor Manitoba maintain offices or staff, consideration may be given to provision of program and service information via access to technology or through contracts with community- based organizations.

1.0 Purpose

The purpose of this Annex is to set out the parties' mutual understandings of, and agreements on, results measurements to be used, the target setting process, results reporting and results targets for 1997-1998.

2.0 Results measurements

2.1 Canada and Manitoba agree that the following measures are to be used in determining short-term results and medium- to longer-term impacts and effects of the provincial benefits and provincial measures:

• a) Primary Indicators (Short-term)
  • i) active Employment Insurance claimants as a percentage of insured participants who access provincial benefits and provincial measures;
  • ii) returns to employment of insured participants, with an emphasis on active Employment Insurance claimants; and
  • iii) savings to the Employment Insurance Account.
• b) Cost and Effectiveness Measures (Short-term)
  • i) number and unit costs of clients becoming employed/self-employed;
  • ii) number and unit costs of clients becoming self-sufficient.
• c) Qualitative Measures (Medium- to Longer-term)
  • i) sustained employment or self-employment as a result of Manitoba's provincial benefits and provincial measures;
  • ii) reduction in dependency on Employment Insurance and other forms of government financial support;
  • iii) savings to social assistance and the Employment Insurance Account;
  • iv) increased tax revenues from earned income;
  • v) other medium- and/or longer-term qualitative measures as may be recommended by the Joint Evaluation Committee established under section 8.2 of this Agreement and approved by the designated officials.

3.0 Targets and target-setting

3.1 For 1997-98, targets for the three primary indicators have been established using a bench-making procedure supported by historical data from HRDC. Both parties recognize that these targets are "soft" ones and for 1997-1998, major emphasis will be placed on establishing the systems and client information exchange linkages needed to ensure that results can be measured, data integrity can be maintained, and the information required for Canada's annual report to Parliament can be made available on a timely basis.

3.2 Canada and Manitoba agree that 1997-1998 targets for the three primary indicators will be as follows:

Priority active employment insurance claimant access

At least 65% of insured participants who access Manitoba's provincial benefits and provincial measures will be active Employment Insurance claimants.

Insured participants returned to work

At least 5,121 insured participants will return to employment or self employment after being referred to Manitoba's provincial benefits and provincial measures. While the count includes those returning to work during their benefit entitlement period and those returning to work after their benefit entitlement period, priority will be given to active Employment Insurance claimants.

Savings to the employment insurance account

There will be short-term savings to the Employment Insurance Account of at least $36.32 million. On an individual basis, calculation of a saving to the Employment Insurance Account is the difference between the individual's entitlement to regular benefits and the actual pay out of regular Part 1 benefits to that individual (unpaid entitlements).

3.3 As outlined in Section 16.1 of the Agreement, results targets for fiscal years beyond 1997-98 will be mutually agreed upon and set out in an Annual Annex. Targets will be set taking into consideration local level labour market realities and opportunities, individual client needs, community/partnership capacity and program mix.

4.0 Reporting of results

4.1 Canada and Manitoba agree that the primary indicators and cost and effectiveness measures described above will be tracked and reported on as follows:

• a) On a quarterly basis, Manitoba will report to the Regional Executive Head, Manitoba Region HRDC, on the Year-to-Date (YTD) results achieved with respect to the primary indicators and cost and effectiveness measures.
• b) The following represents the reporting requirements for the primary indicators and cost and effectiveness measures:
  • i) Percentage of insured participants involved in provincial benefits who are active Employment Insurance claimants;
  • ii) Number of insured participants and the number of active Employment Insurance claimants who are employed or self-employed, broken down by provincial benefit or provincial measure and the average cost. Insured participants are considered as employed if they:
    • a) have drawn 25 percent or less of their Employment Insurance entitlement for twelve consecutive weeks (applies to active Employment Insurance claimants who return to employment twelve weeks or more before the end of their benefit period); or,
    • b) draw 25 percent or less of their Employment Insurance entitlement in all their remaining weeks on benefits (applies to active Employment Insurance claimants who return to employment less than twelve weeks before the end of their benefit period); or,
    • c) are recorded as employed at 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 Employment Insurance claimants); or,
    • d) 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 Employment Insurance claimants);
  • iii) Year-to-Date savings to the Employment Insurance account as a result of active Employment Insurance claimants becoming employed before making a full draw on their insurance entitlement (Part I insurance benefit entitlement minus actual Part I pay out);
  • iv) The number of insured participants and the number of active Employment Insurance claimants who have completed their intervention, broken down by type and average cost per intervention, as well as the number of active Employment Insurance claimants who have yet to complete their intervention.

4.2 Understanding that quarterly reports largely deal with aggregate roll ups and Year-to-Date figures, Manitoba agrees to provide Canada access to information on individual clients for purposes of monitoring, evaluating and validation, as outlined in Annex 5 on "Information and Data Sharing Arrangements".

4.3 On an annual basis, Canada is required to report to Parliament in accordance with requirements of the Employment Insurance Act. This report, as described under Section 10 of the Agreement, will include the results as reported by Manitoba in accordance with section 4.1.

4.4 Manitoba agrees to report an annual estimate of savings which can be ascribed to Manitoba's social assistance account as a result of activities under this Agreement.

1.0 Purpose

The purpose of this Annex to the Canada-Manitoba Agreement on Labour Market Development is to provide for the exchange of information between the parties for the effective implementation of the Agreement, given that:

• a) Manitoba needs information from Canada on active Employment Insurance claimants and other clients for the purpose of:
  • (i) administering its provincial benefits and provincial measures, including establishing eligibility for assistance under the provincial benefits and provincial measures, determining and assessing employment needs, determining the appropriate type of assistance to be provided and determining the amount of financial assistance that may be required, and
  • (ii) carrying out the delegated functions of the National Employment Service; and
• b) Canada also needs information from Manitoba on active Employment Insurance claimants and other clients who are receiving assistance under provincial benefits and provincial measures provided by Manitoba for purposes of verifying their eligibility for, or entitlement to, insurance benefits under Part I of the Employment Insurance Act and for the monitoring, assessment and evaluation of the effectiveness of the assistance which the Commission is required to do under section 3 of the Act, and for evaluating the results of provincial benefits and provincial measures supported under the agreement, as required under section 57 of the Act.

2.0 Authority to disclose information

2.1 With respect to the information needed by Manitoba from Canada for the purposes described in paragraph 1.0(a), Canada's Minister of Human Resources Development has considered it advisable under section 127 of the Employment Insurance Act, and section 8(2)(f) of the Privacy Act (Canada) to make the information described in this Annex available to Manitoba for that purpose and, accordingly, Canada confirms that it is authorized under these sections to provide such information to Manitoba.

2.2 Similarly, Manitoba confirms that it is authorized to disclose to Canada the information described in this Annex that is required by Canada pursuant to existing legislation.

3.0 Information to be exchanged

3.1 Canada will provide Manitoba the following information from each individual's client file for the purposes described in paragraph 1.0(a):

• - name
• - official language
• - social insurance number
• - address
• - date of birth
• - benefit period commencement
• - date of renewal application
• - claim type
• - claim status
• - weekly benefit rate
• - number of insured weeks
• - claim terminated
• - entitlement weeks
• - number of weeks paid
• - other personal information as mutually agreed upon between the parties that is needed to determine client eligibility, level of service or benefit, or for the design and evaluation of the programs or services provided under provincial benefits and provincial measures.

3.2 Manitoba will provide Canada the following information from the file of each participant in Manitoba's provincial benefits to ensure that the participant who is an active Employment Insurance claimant will continue to receive the Employment Insurance benefits to which he or she is entitled:

• - name
• - social insurance number
• - address
• - date of birth
• - name of program in which individual is involved
• - start and end dates of program
• - withdrawal from or termination date of program
• - other personal information as mutually agreed upon between the parties, that is needed for the purposes outlined in this clause.

3.3 Manitoba will provide to Canada upon request, all or any of the following information, on a per-client basis, for use by Canada in monitoring, assessing and evaluating the effectiveness of the assistance provided under the Agreement, in order to meet Canada's legislative requirement under section 3 of the Employment Insurance Act and for evaluating the results of the provincial benefits and provincial measures supported under the Agreement, as required under section 57 of the Act:

• - name
• - social insurance number
• - address
• - date of birth
• - gender (where available as self-identified information)
• - family type
• - official language
• - marital status
• - number of dependents
• - disability status (where available as self-identified information)
• - visible minority (where available as self-identified information)
• - Aboriginal group (where available as self-identified information)
• - assessment regarding employability
• - name of program in which individual is involved
• - length of program
• - official language of program
• - cost of program educational attainment
• - type of employment obtained
• - date of return to work
• - length of employment
• - earnings
• - change in dependency upon government support other personal information as mutually agreed upon between the parties that is needed for the purposes outlined in this clause.

4.0 Mechanism

4.1 Information covered by this Annex should be provided by each party in a mutually agreed format and manner. In this regard, Canada and Manitoba agree to review various options to facilitate the sharing of information between them including:

• a) access by Manitoba to electronic information systems administered by HRDC;
• b) development of connectivity protocols allowing the electronic information systems of both parties to communicate with each other;
• c) sharing of common software and functionality.

4.2 The parties agree that whatever option is chosen, access to information covered by this Annex will be:

• a) limited to only those employees, agents or contractors who require access for the purposes listed in clause 3.0 or 6.2; and
• b) only used for the purposes listed in clause 3.0 or 6.2.

4.3 Canada and Manitoba recognize the importance of reliable and timely information and agree to pursue their work towards shared or inter-connected information systems.

5.0 Costs

5.1 It is understood that Manitoba will have full access, at no additional cost, to HRDC electronic information systems which support the delivery of labour market assistance and that these systems will have the appropriate data collection capacity to meet both client service and reporting obligations.

5.2 Other costs of data collection and report generation incurred by a party in the context of this Annex will be the responsibility of that party.

6.0 Confidentiality and use

6.1 Subject to clause 6.2, each party undertakes not to use or disclose personal information obtained by it under this Annex for purposes other than those mentioned in clause 3.

6.2 A party may use or disclose personal information obtained by it under this Annex for a purpose other than those mentioned in clause 3 where:

• a) the individual to whom the information relates has given written consent to the use or disclosure for that purpose, or
• b) in the case of Canada:
  • i) the use is for a consistent purpose permitted under section 7(a) of the Canada's Privacy Act (i.e. a "consistent use"); or
  • ii) the disclosure is for a purpose authorized or required by law, including disclosures authorized under section 127 of the Employment Insurance Act, and section 8 of Canada's Privacy Act; and
• c) in the case of Manitoba:
  • i) the use is for a purpose consistent with the purposes set out in clause 3, or is authorized or required by law, or
  • ii) the disclosure is
    • (a) for a purpose consistent with the purposes set out in clause 3, or
    • (b) for a purpose authorized or required by law. However, in the absence of Manitoba legislation respecting the disclosure of personal information, Manitoba agrees to establish policies respecting use and disclosure which are consistent with section 8 of the Canada's Privacy Act.

7.0 Information management

7.1 The information exchanged under this Annex shall be collected, administered, maintained, destroyed or disposed of in accordance with:

• a) in the case of Canada, the Privacy Act, the Government of Canada Security Policy and supporting operating directives and guidelines, covering the administrative, technical and physical safeguarding of the personal information; and
• b) in the case of Manitoba, the Legislative Library Act and legislation, directives, policies and guidelines covering the administrative, technical and physical safeguarding of the personal information.

7.2 Each party will promptly notify the other party of an unauthorized disclosure or use and will furnish the other party with full details of the unauthorized disclosure or use.

7.3 In the event of an occurrence described in clause 7.2 above, the party responsible for the security of the information will promptly take all reasonable steps to prevent a recurrence of the event.

8.0 Accuracy

8.1 Each party will use its best efforts to ensure the completeness and accuracy of the information provided to the other under this Annex. However, it is understood and agreed that they cannot guarantee its accuracy and will, therefore, not be held responsible for any damage resulting from the transmission or use of any information that is inaccurate or incomplete.

8.2 Each party will review any requests from individuals for correction of their personal information that may be in the custody or under the control of that party:

• (a) in the case of Canada, in accordance with section 12(2) of the Privacy Act (Canada), and
• (b) in the case of Manitoba, in accordance with section 13 of The Freedom of Information Act or any legislation which replaces that Act.

9.0 Ensuring data protection

9.1 The parties agree that they are each responsible for the actions of their own employees, agents and contractors with respect to the collection, disclosure, use, retention, and disposal of personal information in their custody or under their control, whether or not the person is or was acting within the scope of his or her employment, agency or contract.

9.2 Provided that any disclosure or failure to disclose personal information is done in good faith and reasonable care has been taken to comply with applicable federal or provincial legislation, the parties shall not assume liability whatsoever with respect to the misuse of any personal information provided to each other under this Annex.

9.3 The parties will, separately or jointly, on a periodic basis, conduct a review of the practices and procedures employed in the information management process under this Annex to ensure compliance with this Agreement.

10.0 Employment Insurance integrity

10.1 The parties agree to develop audit and verification procedures for detecting and controlling abuse under provincial benefits and provincial measures.

10.2 Any personal information exchanged for the purposes of audit and verification in clause 10.1 shall be the subject of a separate agreement between the parties.

1.0 Purpose

When completed and signed, this Annex to the Canada-Manitoba Labour Market Development Agreement will consist of the Employee Transfer Agreement. In the interim, it contains a description of selected elements of the Employee Transfer Agreement on which Canada and Manitoba already have agreed.

2.0 Offer of employment

2.1 Comparable Employment

Employees of Canada transferring to Manitoba as a result of this Agreement will, to the extent possible, be offered comparable employment.

2.2 Probationary Period

There will be no probationary period for employees of Canada transferring to Manitoba as a result of this Agreement if they have served a probationary period with Canada.

2.3 Equivalent Qualifications

Manitoba will recognize the qualifications of employees transferring to Manitoba as a result of this Agreement to be equivalent to the requirements of the positions they are assuming.

2.4 Continuing Employment

For the first three years following their date of transfer, there will be no staff reductions, for other than just cause, among employees of Canada transferring to Manitoba as a result of this Agreement.

3.0 Salary and other terms and conditions of employment

3.1 Salary

Subject to any reductions that may result from the application of Manitoba's Reduced Work Week Program for the Manitoba Civil Service, employees of Canada transferring to Manitoba as a result of this Agreement will, for a three-year period, continue to receive an annual salary of no less than that received in their substantive positions on the date of their transfer.

3.2 Hours of Work

Employees of Canada transferring to Manitoba as a result of this Agreement will work the normal working hours for employees of Manitoba.

3.3 Location

To the extent possible, employees of Canada transferring to Manitoba as a result of this Agreement, will be assigned to positions in the same geographic location in which they worked prior to their transfer. The offer of employment will specify the work location. Expenses associated with the relocation of an employee will be paid by Manitoba in accordance with Manitoba's Relocation Expenses Guidelines for Civil Service employees.

4.0 Recognition of prior service

4.1 Manitoba will recognize years of continuous employment in the Federal Public Service of employees of Canada transferring to Manitoba as a result of this Agreement for purposes of establishing eligibility and/or entitlements to leave and benefit plans.

4.2 For employees of Canada transferring to Manitoba as a result of this Agreement, Canada agrees to pay out any earned but unused vacation leave entitlements in excess of what employees' annual entitlements would be under Manitoba's Government Employees' Master Agreement, prior to the date of transfer.

4.3 For employees of Canada transferring to Manitoba as a result of this Agreement, Manitoba will begin to calculate employees' years of continuous employment for severance pay purposes effective the date of their transfer to Manitoba.

4.4 Manitoba undertakes to negotiate with the receiving provincial union in order to have it recognize years of continuous employment in the Federal Public Service of employees of Canada transferring to Manitoba for purposes of establishing seniority in all of its applications other than those which have been agreed to in sections 4.1 and 4.2. The results of Manitoba's negotiations with the receiving union will be included in the Employee Transfer Proposal.

5.0 Benefit plans; short-term disability arrangement

5.1 Benefit Plans

Manitoba agrees to provide coverage under its existing employee dental, health, long-term disability and life insurance plans. Evidence of insurability will not be required of employees transferring to Manitoba as a result of this Agreement and waiting periods will be waived.

5.2 Short-Term Disability Arrangement

For employees of Canada transferring to Manitoba as a result of this Agreement, Manitoba will recognize all sick leave accumulated up to a maximum of 85 days. This arrangement, in combination with the long term disability plan, will provide protection for transferring employees who are unable to work because of a non-occupational illness or accident.

6.0 Pension plan arrangements

Employees of Canada transferring to Manitoba as a result of this Agreement will be enrolled in Manitoba's existing pension plan as of the date of their transfer. Canada and Manitoba agree to enter into negotiations to permit employees to transfer their accrued pension credits to Manitoba's pension plan should they choose to do so.

HRDC guiding human resources principles

The following set of HRDC human resource principles will be used when negotiating and managing the movement of employees to another jurisdiction.

• Human resource decisions will continue to be governed by fairness and transparency accompanied by open, clear and timely communications with employees and unions.
• If a provincial or territorial government accepts greater responsibility for the employment measures, we intend to negotiate to ensure that HRDC staff associated with the transferring functions has the opportunity to transfer as well.
• HRDC will have responsibility for determining the resources involved and will collaborate with the province and other jurisdictions in the identification and selection of individuals.
• Every attempt will be made to ensure that HRDC staffs who are moved to a new establishment do so with salary, benefits and pension packages that are generally comparable to those which they receive as HRDC employees.
• The conditions of transfer of staff from HRDC to provincial or other jurisdiction will be based on Alternative Service Delivery Initiatives as described in the Workforce Adjustment Directive.
• Provisions will be made for joint dispute resolution/redress mechanisms to deal with the interpretation of issues pertaining to the re-allocation of responsibilities and resources.
• The potential HR impact of decisions relating to employee allocation to the new establishment will be considered in relation to the broader context of the many HRDC initiatives and departmental needs.
• Both partners re-affirm the need to continue to provide quality services to our clients during any change or transition process.

Explanatory notes

Annex 8 - Letter of September 25, 1996 from Canada's Deputy Minister of Human Resources Development

September 25, 1996

Mr. Tom Carson

Deputy Minister of Training

and Advanced Education

Legislative Building, Suite 407

185 Carlton Street

Winnipeg, Manitoba

R3C 3J1

Dear Mr. Carson:

I am writing to you about the Government of Canada proposal for new arrangements on labour market programs. As you know, Minister Young wants to make rapid progress towards new labour market arrangements with all provinces and territories and recently wrote his provincial and territorial colleagues to underline his commitment. For your information, I have attached Minister Young's letter to Minister McIntosh.

You will remember that on June 26 my predecessor provided provincial and territorial Deputy Ministers with information on program funding for the May 30 proposal. I would now like to give you information on the administrative resources available to provinces and territories who take on the employment benefits and measures provided for in the May 30 proposal.

In determining the available resources, we have been guided by the principle that all administrative resources that HRDC would have to deliver the programs in Manitoba over the duration of the agreement will be made available to you. Adhering to this principle allows us to provide “reasonable administrative costs for program delivery to EI clients”, as stated in the May 30 proposal. To ensure that the Government of Manitoba has an adequate planning horizon, the administrative resources will remain stable for the duration of the agreement.

As you will note in the attached explanatory note and table, we have projected that 118 FTEs (Full Time Equivalents) and $5,494,000 administrative resources per year would be available once a final agreement is reached and if the Government of Manitoba takes on all responsibilities offered in the May 30 proposal. The Government of Canada will, in addition, provide funds for accommodation.

There are undoubtedly matters concerning administrative resources that you or your officials will want to discuss. Mr. Stephen Goldberg, Regional Executive Head for Manitoba, and the chief negotiator for the Government of Canada in Manitoba, is available to address any questions you may have and provide additional information you require. The Government of Canada will be guided by a spirit of openness and transparency in discussions about administrative resources.

On a closely related matter, there are many human resource issues related to the transfer of HRDC employees and the details will be a matter of careful examination in our negotiations with provinces and territories. This is a critically important issue. An acceptable resolution is essential to the success of the negotiations. In this matter HRDC will be guided by the federal Alternative Delivery Framework of the Workforce Adjustment Directive. The level of administrative resources transferred will be directly linked to the transfer of affected federal employees (i.e., the employees associated with the FTEs in the attached table). Given the experience and expertise of HRDC employees in delivering active employment programs, I do not expect this to be an issue. Again, I would ask that you or your officials speak to Mr. Stephen Goldberg on the human resource issues.

I have attached a table showing a projection of FTEs and administrative resources available for all provinces and territories, for your information. The principle on which FTEs and administrative resources are determined is the same across the country: each province and territory would have available the resources HRDC has to deliver the programs in the province or territory, over the duration of the agreement.

I am pleased to know that our officials have presented a draft framework agreement September 12 and that the detailed discussions will begin September 27. I think we should aim at an agreement as soon as possible, which could allow the Government of Manitoba to begin delivery of programs in the 1997-98 fiscal year, if this is consistent with your province's priorities.

I want to close by reiterating Minister Young's commitment to rapid progress and adding that HRDC's officials will do everything possible to support the negotiations.

Mel Cappe

Deputy Minister

Human Resources Development

encl.

cc. Ms. Tannis Mindell

Annex 9 - Inventory of assets