Canada – New Brunswick Labour Market Development Agreement

Contribution towards costs of provincial benefits and measures

13.2 In each of fiscal years 1997/98 to 1999/2000, Canada (through the Commission) agrees to make a maximum contribution to New Brunswick towards the costs of provincial benefits and measures incurred by it in those years of an amount to be determined in accordance with the allocation methodology set out in the letter of June 26, 1996 from Canada's Deputy Minister of Human Resources Development to New Brunswick's Deputy Minister of Advanced Education and Labour attached as Annex 8 to this Agreement.

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

• fiscal year 1997/98: $66,430,000
• fiscal year 1998/99: $78,131,000
• fiscal year 1999/2000: $83,503,000

New Brunswick recognizes, however, that given the nature of the allocation methodology, the actual amount of the contribution payable in each fiscal year cannot be ascertained until shortly after January of the immediately preceding fiscal year and may be adjusted to reflect outstanding future year commitments originating from signed agreements entered into by Canada in 1996/97 and previous fiscal years relating to employment programs and services.

13.4 For each fiscal year after fiscal year 1999/2000 during the period of the Agreement, Canada's contribution towards the costs of the provincial benefits and measures will be mutually reviewed annually between the parties. The agreed amount of Canada's contribution towards the costs of the provincial benefits and measures for each such fiscal year will then be specified in the Annual Annex for that fiscal year as referred to in section 3.5. In conducting the annual reviews, Canada undertakes to provide New Brunswick with projected three year allocations on a rolling basis. It is understood that these allocations are merely forecasts or estimates based on current trends and are subject to change.

Contribution towards administration costs

13.5 In addition to the contribution towards the costs of the provincial benefits and measures, Canada (through the Commission) agrees to make a maximum contribution to New Brunswick in each fiscal year during the period of the Agreement towards the administration costs incurred by New Brunswick in that fiscal year. Subject to section 13.7, the maximum amount will be the amount determined in accordance with section 13.6.

13.6 It is understood and agreed that the actual amount of the maximum contribution for administration costs will be dependant upon the number of employees of HRDC who are transferred to New Brunswick under the employee transfer arrangements referred to in section 12 of the Agreement and whether the terms of the offers of employment made by New Brunswick constitute Reasonable Job offers. In this regard, the annual contribution will be equal to total salaries to be offered to employees transferred under the terms of Section 12 of the Agreement plus an amount equal to $3060 for each FTE to be transferred to cover non-salary costs plus an amount equal to 17% of total salaries to cover the cost of employee benefits. The amount to be transferred is subject to a reduction if the terms of the New Brunswick's offer do not constitute a Reasonable Job Offer. The amount of the reduction would reflect the additional employee termination costs to be incurred by Canada as a result of affected employees refusing an offer of transfer from New Brunswick that did not constitute a Reasonable Job Offer. Other factors related to the transfer of administrative resources are outlined in the letter of September 25, 1996 from Canada's Deputy Minister of Human Resources Development to New Brunswick's Deputy Minister of Advanced Education and Labour and attached as Annex 9 to this Agreement.

13.7 Notwithstanding section 13.6, it is understood that the maximum amount of the contribution towards the administration costs of New Brunswick may be increased depending upon the actual financial resources available to Canada after the termination of various property leases which will occur as a result of reduced accommodation requirements for Canada flowing from the transfer of HRDC employees to New Brunswick under the employee transfer arrangements referred to in section 12. The Implementation Committee will be responsible for determining and recommending to the parties the amount of any such increase.

1.0 Purpose

The purpose of this Annex to the Canada-New Brunswick Agreement on Labour Market Development is to describe the provincial benefits and measures to be provided by New Brunswick. Section 63 of the Employment Insurance Act requires that contributions from the EI account towards the costs of these programs may only be made where they are similar to those established by the Commission under section 59 of the Act and where they are consistent with the purpose and guidelines set out in Part II of the Act.

The Commission has established employment benefits (programs) to provide

• wage subsidies to encourage employer hiring of EI clients
• earnings supplements to encourage EI clients to accept employment
• financial assistance help EI clients to start businesses or facilitate self-employment
• financial assistance to create employment opportunities through which EI clients can gain work experience
• financial assistance to help clients obtain skills for employment.

It has also established support measures to provide financial assistance

• to organizations for the provision of employment assistance services to the unemployed (unemployed in this context is not limited to those defined as EI clients);
• to employers, employee or employer associations and communities in developing and implementing strategies for dealing with labour market adjustments and meeting human resource requirements. Assistance under this measure does not extend to assistance for employed persons unless they are facing a loss of employment;
• for research and innovative projects.

2.0 Similar provincial benefits and measures

The following provides details of the specific similar benefits and measures which New Brunswick will provide.

2.1 Provincial benefits

Partners will be the program which New Brunswick will use as the wage subsidy delivery mechanism. Partners encourages employers to create incremental employment opportunities for insured participants (EI clients), as defined in Section 58 of the Employment Insurance Act. Expected results include: long term employment, reduced dependency on Employment Insurance and Social Assistance, and increased earnings for participants.

Earnings supplement programming will be designed based on the findings from ongoing national pilots. This employment benefit will be targeted towards EI clients who are displaced workers and others with high wage expectations, frequent users of Employment Insurance, and possibly Social Assistance recipients. The expected results will be: employment leading to savings to Employment Insurance and Social Assistance accounts, and increased earnings for participants.

The Entrepreneur program will be the mechanism utilized to amalgamate New Brunswick's Entrepreneur (loan) Program with the self-employment component. New Brunswick will receive and assess a combined Self-Employment and Entrepreneur loan application. Third party agencies will have a role in the provision of services such as entrepreneurship training, and business plan development. The Entrepreneur program will allow participants to access loans (funded through provincial sources), coaching, technical advice, business plan development, training, and financial support. The program will be made available to insured participants, with self-employment for participants and the creation of employment for others as being the expected outcomes.

Job creation partnership activities (program as yet un-named) will be delivered through existing or expanded provincial programs. EI clients engaged in these activities will be provided with work experience in support of obtaining long term employment. The component of the program which contributes towards material and capital costs of projects with non-profit organizations will be delivered in conjunction with other complementary provincial programs.

A loan and grant program in support of EI clients obtaining skills for employment will be administered as a separate stream within the province's existing Student Aid Program.

2.2 Provincial Measures

Labour market partnership activities will be delivered through the New Brunswick's Adjustment Services Initiatives. This program will maximize the adjustment process through the support of research, planning, and other activities by community partners and/or industry to address challenges and opportunities with respect to human resource development. Funding will be made available to community partners who share a commitment and a responsibility for job creation or job protection as well as human resource development and displacement.

As a requirement of the EI Act, supports to individuals under this measure shall not provide assistance to employed persons unless they are facing a loss of employment.

Employment assistance services will be administered through third party contracts with New Brunswick based on needs identified by case management staff. Services provided under this measure will be accessible to all unemployed individuals.

Under Research and Innovations (program as yet unnamed), New Brunswick will conduct activities, experimentation and research to address labour market development, policy and design issues.

2.3 As a consequence of results assessments and program evaluations, New Brunswick agrees to make any necessary adjustments on an ongoing basis, to the design and delivery of its benefits and measures funded from the Employment Insurance account. Canada will be advised of such adjustments on an ongoing basis. Further, these adjustments to provincial programs will be formally documented by amendment to this Annex; and will include overall program descriptions such as: program name, objective, program criteria, financial assistance, eligible participants/sponsors, and expected results.

3.0 Financial support to EI clients

3.1 The Employment Insurance Act does not provide for the extension of insurance benefits beyond the regular benefit period. EI claimants may be authorized to continue to receive their insurance benefits for the normal duration of their claim by virtue of a referral under Section 25 of the EI Act to an EI funded benefit or measure. As stated in section 3.8 of this Agreement, Canada will provide New Brunswick with the authority to make such referrals.

3.2 Financial support to EI claimants in addition to, or beyond the normal duration of their claim, or to non-active claimants, will be paid from the program funds detailed in clause 3.1 of Annex 2, and administered by New Brunswick.

3.3 In the interest of effectiveness and efficiency, New Brunswick agrees that financial support, apart from insurance benefits, to EI clients participating in employment benefits will be negotiated with clients resulting in possible client contributions to unmet incremental costs.

1.0 Purpose

1.1 The purpose of this Annex to the Canada-New Brunswick Agreement on Labour Market Development is to establish the vehicle by which the parties will, at least thirty days prior to the beginning of each fiscal year of this Agreement, agree on the specifics to be contained under each of the headings outlined below.

2.0 Business plan

2.1 (To be completed by New Brunswick)

3.0 Funding

3.1 Clause 13.3 of this Agreement describes Canada's contribution to program costs for fiscal year 1997/98 through 1999/2000.

Canada's contribution to program costs for fiscal year 1997/98 to program costs are____.

Canada's contribution towards program administration costs referred to in clause 13.5 for 1997/98 are ____.

New Brunswick proposes the following allocations for each of the benefits and measures for 1997/98:

Partners _________
Earnings supplements _________
Entrepreneur _________
Job creation _________
Loans/Grants _________

Employment assistance services _________
Adjustment Services Initiatives _________
Research and Innovation Initiatives _________

4.0 Results

4.1 This section will describe the overall targets to which Canada and New Brunswick agree with respect to: the percentage of EI clients participating in employment benefits who will be active EI claimants, EI clients returned to work, and savings to the EI account.

For fiscal year 1997/98, New Brunswick agrees to the following results targets:

65% of EI clients participating in employment benefits will be active EI claimants

7947 EI clients employed

$25.86M Savings to the EI Account

5.0 Reporting

5.1 Year-To-Date quarterly reports, as described in Annex 5 to this Agreement, will be provided by New Brunswick within thirty days of the end of the given quarter, and commencing with the first quarter in 1997/98.

5.2 Clause 10.1 of this Agreement describes Canada's obligations, under Section 3 of the Employment Insurance Act, to report to Parliament with an assessment of the impacts of that legislation on individuals, communities, and the economy. Canada will incorporate information which New Brunswick will provide in accordance with Annex 6, entitled Information and Data Sharing Arrangements; as well as any other information which Canada requires from New Brunswick in support of these annual reports to Parliament.

6.0 Rolling year projections

(For fiscal year 1997-98 refer to clause 13.3 of the Agreement)

1.0 Purpose

1.1 The purpose of this Annex to the Canada-New Brunswick Agreement on Labour Market Development is to list those functions within the National Employment Service for which New Brunswick will assume responsibility.

2.0 Context

2.1 Canada's proposal to the Provinces "Getting Canadians Back to Work" states the following:

• iii. A New Approach to Getting Canadians Back To Work

....Provinces and territories assuming responsibility for delivering active measures can also decide to deliver the NES screening, employment counselling, and local labour market placement services. Provinces or territories will be able to determine the level and type of assistance clients require from active measures, provide individuals with in-depth assistance, help them develop career action plans and match local labour market demand and supply through labour market placement.

3.0 National employment functions to be delivered by New Brunswick

3.1 The following National Employment Services functions will be carried out by New Brunswick on behalf of Canada:

• employment counselling except that required in support of Canada's responsibilities as outlined in section 2.2 of the Agreement
• service needs determination except that required in support of Canada's responsibilities as outlined in section 2.2 of the Agreement
• labour exchange
• labour market adjustment (for example, Industrial Adjustment Services)
• management and support to the above listed functions

4.0 Labour exchange

4.1 New Brunswick agrees to maintain local 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. New Brunswick also agrees to transfer the information to Canada's automated systems for posting job opportunities (for example, AVRES) on a timely basis.

5.0 Labour market information

5.1 Canada and New Brunswick have a clear interest in accessing labour market information to support client interventions.

5.2 Both parties agree to cooperate in carrying out their respective functions under this agreement so as to allow effective access by each other and their clients to relevant labour market information.

1.0 Purpose

1.1 The purpose of this Annex to the Canada New Brunswick Agreement on Labour Market Development is to broadly describe the model for service delivery arrangements at co-located facilities, as referred to in Section 6.0 of the Agreement; to identify essential elements relative to implementation and transfer of functions and resources; and, to outline the location and contextual considerations around actual service delivery sites.

2.0 Structural model for service delivery

2.1 Canada and New Brunswick agree that labour market development assistance as well as income support (including Social Assistance and Employment Insurance) will be delivered in co-located facilities. These co-located service delivery facilities will hereinafter be referred to as Canada New Brunswick Human Resource Service Centres (HRSCs).

2.2 The HRSCs will provide labour market programs and services to all New Brunswickers. This will include, among others: employers, the unemployed, Social Assistance Recipients, EI clients and those wishing to improve their employment status.

2.3 Core services provided within HRSCs are as follow:

1. New Brunswick will deliver the provincial benefits and measures as outlined in Annex 1 and those components of the National Employment Service outlined in Annex 3.
2. New Brunswick will also deliver its provincially funded income assistance programs and services, employment development programs, labour services and other human resource services as it deems suitable.
3. Canada will deliver the Employment Insurance program, those components of the National Employment Service for which it is responsible, other labour market development activities consistent with section 2.2 of the Agreement, and other human resource services as it deems suitable.

This identified core set of programs and services is not intended to limit either Canada or New Brunswick in their respective or common decisions regarding other capacities they may pursue in support of their individual or mutual human resource development interests. Canada or New Brunswick may therefore choose to establish:

1. extensions of programs and services where either or both parties identify requirements not fulfilled within the core of HRSC services
2. additional or supportive facilities to enhance administrative, processing or related capacities.

Canada and New Brunswick recognize that the core programs and services offered at individual HRSCs may vary in recognition of specific geographical, labour market and other realities throughout the province.

3.0 Service delivery sites

3.1 Canada and New Brunswick recognize that, prior to implementation of this Agreement, both orders of government possess program and service delivery networks, as well as appropriate support structures. At this point, there is no intention on the part of either party to discontinue service at any of these sites.

3.2 Canada and New Brunswick agree that co-located delivery sites represent an optimal model for the delivery of federal and provincial responsibilities within the context of this Agreement.

3.3 Through the Implementation Committee referred to in 21.0 of this Agreement, Canada and New Brunswick agree to identify specific co-location sites, drawing from the service delivery points above, and to review these on an ongoing basis. This will be done while respecting that both orders of government have distinct responsibilities which may necessitate federal or provincial service sites in geographic locations where the other party is not required to be present. Canada and New Brunswick agree to jointly develop an implementation schedule for establishment of HRSCs, including interim arrangements where immediate co-location is not deemed feasible.

3.4 These arrangements will be jointly formulated on a local/regional basis, in accordance with the Implementation Framework referred to in Section 21.2 of the Agreement, and will be subject to the approval of the Implementation Committee.

4.0 Management of service delivery sites

4.1 Canada and New Brunswick will be individually responsible for the management of those programs and services for which they are mandated, as described above. Provincial management is further delineated to the Human Resources Development New Brunswick and to Advanced Education and Labour.

4.2 The parties recognize that there are aspects of the centres in which both parties have an interest. These will be managed considering the legitimate requirements of both parties (with client needs being the primary consideration), and includes the obligation of both parties as an employer, and the assurance that each government's identity needs will be met. Specific undertakings related to these needs will be jointly developed and agreed to by the Implementation Committee and will be appropriately reflected in the Implementation Framework referred to in Section 21.2 of the Agreement.

4.3 Notwithstanding the above, the parties acknowledge that New Brunswick will be responsible for the management of the reception of the centre. Each party will manage its activities and interests within the Resource Centres (the area providing clients with information and other self directed assistance). It is agreed that the parties will coordinate their activities so as to enhance the quality of service to clients.

5.0 Technological systems and supports

5.1 Each party will maintain its own technological systems in support of the delivery arrangements and financial accountability consistent within the terms of this Agreement unless otherwise agreed to by the Implementation Committee.

5.2 In setting up the Service Delivery Network, Canada and New Brunswick agree that systems will be an integral part of this final network and that sharing of existing and new systems (along with connectivity between federal and provincial systems) are desired outcomes. It is further agreed that systems costs associated with transfer of labour market responsibilities from Canada to New Brunswick and the subsequent setting up of co-located offices will require financial investment and that each party agrees to be responsible for any and all expenditures they incur in this area.

5.3 In an effort to reduce costs associated with the implementation of this Agreement, Canada and New Brunswick agree to share systems and electronic data processing facilities wherever possible and to work together to develop and implement system solutions that are cost effective and eliminate overlap and duplication.

5.4 Electronic connectivity between Canada and New Brunswick is considered to be a desirable requirement for data sharing including the potential use of each others systems. Each organization agrees to undertake efforts to ensure this connectivity is achieved and proper security mechanisms are put in place to safeguard all information access while respecting all existing privacy/client confidentiality legislation.

6.0 Visibility

6.1 Canada and New Brunswick agree on the necessity and importance of both orders of government being identified with and recognized for their contributions to the labour market arrangements provided for by way of this agreement. Signage, identifiers and related information pieces relating to the HRSCs will be reflective of this Agreement.

6.2 The specific provisions to be followed in respect of this Agreement will be jointly developed and agreed to by the Implementation Committee and will be appropriately reflected in an Implementation Framework and subsequent plans referred to in Section 21.2 of the Agreement.

7.0 Accommodations

7.1 Canada and New Brunswick agree that decisions regarding the selection of specific sites for HRSCs, within agreed upon communities, must give consideration to historical/traditional patterns of client access to services within that geographical area, cost efficiencies, requirements under provincial and federal workplace legislation, accessibility for the physically disabled, the visibility needs of each government, appropriateness for service configurations and layouts which enhance client service efficiencies, and so on.

7.2 Canada and New Brunswick recognize that, within each party's existing service network, there are existing leases and contractual commitments which must be addressed as an element of this decision-making process. Sharing in premises covered by existing federal leases will result in no additional costs to New Brunswick.

Context

The EI Act and the federal proposal to provinces regarding labour market arrangements are explicit on required results and the need for results verification in terms of monitoring, assessment and evaluation. A results-based accountability framework thus constitutes the centrepiece of this agreement on labour market development in New Brunswick and requires the parties to mutually agree on expected results and define reporting requirements to demonstrate results achieved.

Canada and New Brunswick agree that accountability is about setting measurable results expectations, tracking and reporting these results, and taking responsibility where deficiencies are demonstrated.

1.0 Purpose

1.1 The purpose of this Annex to the Canada-New Brunswick Agreement on Labour Market Development is to establish mutual understanding of, and agreement to the results measurements, target setting process, and results reporting.

2.0 Result measurements

2.1 Canada and New Brunswick agree that the core of the accountability framework rests in the planning, tracking, and reporting of the following Results Indicators and Measures:

Primary Results Indicators:

• the percentage of EI clients who participate in provincial benefits who are active EI claimants
• returns to employment of EI clients, with an emphasis on active EI claimants
• savings to the EI Account

Cost and Effectiveness Measures

• number and unit costs of clients becoming employed/self-employed
• number and unit costs of clients becoming self-sufficient

Qualitative Measures:

• sustained employment
• reduction in dependency on government assistance
• increased savings which can be ascribed to EI and social assistance accounts
• increased tax revenues from earned income

2.2 New Brunswick agrees to give priority to the three Primary Results Indicators as described above. These Indicators clearly place an emphasis on achieving rapid employment results leading to current savings to the EI account. However, both parties recognize that the ability to demonstrate long term success is equally important.

3.0 Targets

3.1 In advance of each year of the Agreement, targets will be established and mutually agreed upon with respect to the Primary Results Indicators. Targets will be set, preferably at the local level of operational delivery, taking into consideration local level labour market realities and opportunities, individual client needs, equity considerations, community/partnership capacity, and program mix.

3.2 For 1997/98 targets have been established, utilizing a benchmarking procedure supported by historical data from HRDC, and are detailed in Annex 2 to this Agreement. Targets for future years will be set and agreed to by the parties through the establishment of the Annual Annex referred to in section 16.

4.0 Reporting of results

4.1 Canada and New Brunswick agree that the results described in this section will be tracked and reported on as follows:

On a quarterly basis, New Brunswick will report to the Regional Executive Head, NB Region HRDC, on the Year-To-Date (YTD) results achieved by each Human Resource Service Centre, with respect to the primary results indicators and related data elements.

The following represents the reporting requirements for the Primary Indicators and the Cost and Effectiveness Measures:

Priority access for EI claimants

• Percentage of EI clients participating in provincial benefits who are active EI claimants

EI clients returned to employment

• Number of EI clients and the number of EI claimants who are employed or self-employed broken down by provincial benefit or measure and the average cost. Clients are considered as employed if:
  • they have drawn 25% or less of their EI entitlement for 12 consecutive weeks (applies to claimants who return to employment 12 weeks or more before the end of their benefit period); or,
  • they draw 25% or less of their EI entitlement in all their remaining weeks of benefits (applies to claimants who return to employment less than 12 weeks before the end of their benefit period); or,
  • they are recorded as employed at the completion of their intervention(s) (clients who return to employment after the end of their benefit period or who were not active claimants); or,
  • they are employed when contacted 12 weeks after the completion of their intervention(s) (clients who return to employment after the end of their benefit period or who were not active claimants); or

Savings to the EI Account

• Year-To-Date savings to the EI Account as a result of EI claimants becoming employed before making a full draw on their insurance entitlement. (Part I insurance benefit entitlement minus actual Part I payout)

Cost and effectiveness

• The number of EI clients and the number of EI claimants who have completed their intervention broken down by type and average cost per intervention.
• The number of EI clients and the number of EI 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, New Brunswick agrees to provide Canada access to information on individual clients for purposes of monitoring, evaluating, and validation. The details of this information exchange process are described in Annex 6 to this Agreement.

4.3 On an annual basis Canada is required to report to Parliament in accordance with requirements of EI Act. This report, as described under Section 10 of the Agreement (Monitoring and Assessment), will include the results as reported by the Province in accordance with the above.

Further qualitative measurement of incremental impacts will occur one, two, and three years following the client completing their action plan and will be accomplished through tracking of individuals within existing federal information systems - to determine whether: indicators of primary results are being sustained over time; there has been a reduced dependency on government assistance; additional savings could be ascribed to the EI and Social Assistance accounts.

4.4 New Brunswick agrees to report an annual estimate of savings which can be ascribed to the Social Assistance account as a result of activities under this Agreement.

Amending Agreement n°3 for Annex 6 of the Canada – New Brunswick 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 New Brunswick (herein referred to as “New Brunswick”), as represented by the Minister of Post-Secondary Education, Training and Labour

Whereas, Canada and New Brunswick entered into a Labour Market Development Agreement on December 13, 1996 (hereinafter referred to as the “LMDA”), in which Canada and New Brunswick 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 “Provincial Benefits and Measures”) provided by New Brunswick 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 New Brunswick wish to amend the information sharing arrangements provided for in section 9 and Annex 6 of the LMDA entitled “Information and Data Sharing Arrangements”; and,

Whereas under article 24.2 of the LMDA, the Designated Officials of Canada and New Brunswick are authorized to sign amendments to any Annex to the LMDA;

Now, therefore, Canada and New Brunswick agree as follows:

1. Annex 6 of the Canada - New Brunswick LMDA is hereby replaced in its entirety by the attached Annex 6, 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 21 day of February, 2017.

Signed on behalf of New Brunswick this 27 day of January, 2017.

1.0 Purpose

1.1 The purpose of this Annex to the Canada - New Brunswick 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 section 1 of New Brunswick’s Right to Information and Protection of Privacy Act (RTIPPA), and “information” as defined in subsection 30(1) of the Department of Employment and Social Development Act (DESD Act), between the parties. Personal information includes social insurance numbers.

2.0 Authority to disclose information

3.0 Information to be provided by Canada to New Brunswick

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

a) assisting New Brunswick in establishing and verifying if the individual qualifies as an EI client who is not an active EI claimant (i.e. who qualifies as a former EI claimant) and is therefore eligible for, or entitled to, assistance under New Brunswick’s programs:

• 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), 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 EI claimant who is eligible for, or entitled to, assistance under New Brunswick’s programs, assisting New Brunswick in determining the nature and level of financial assistance to be provided to the EI client under New Brunswick’s programs:

• 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
• P/TPB client status, if applicable, with explanatory messages
• identification if on an intervention, with explanatory messages; and

EI claim information:

• benefit period commencement (BPC)
• type of EI 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
  • amount of last week of allocation of earnings

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

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

• name
• social insurance number
• EI client status
• P/TPB client status
• federal office code, if available
• provincial office code, if available
• 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 II)
• error code
• definition of error code

3.3 Canada will provide to New Brunswick on a monthly basis any or all of the following personal information under its control on all EI clients and non-EI clients who have received assistance from New Brunswick under New Brunswick programs, for use by New Brunswick for the review, analysis and verification of the data calculated/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 who are participating in New Brunswick programs funded with EI Part II monies, as provided by New Brunswick in section 4.3, the following personal information will be provided to New Brunswick by Canada in a return file to assist New Brunswick in reviewing and verifying Canada’s reporting of results on clients employed and unpaid benefits:

• social insurance number
• provincial office code
• EI client status
• benefit period commencement
• initial benefit entitlement weeks
• 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
• action plan start date
• action plan result (case manager)
• action plan result week/date
• result week (calculated)
• apprenticeship client indicator
• group services type
• date of group session
• unit 143 – LMDA EI claimant who finds employment before the end of their entitlement period as a result of a New Brunswick program
• unit 144 – LMDA EI claimant who is recorded as employed after their entitlement period as a result of a New Brunswick program
• unit 145 – LMDA EI claimant who becomes employed before the end of their entitlement period as a result of a New Brunswick group service
• unit 146 – former LMDA EI claimant who becomes employed as a result of a New Brunswick program
• unit 152 – LMDA EI Part I unpaid benefits resulting from EI claimants employed before end of insurance entitlement period, as a result of a New Brunswick program (corresponds to unit 143 – non-TWS)
• unit 153 – LMDA EI Part I unpaid benefits resulting from EI claimants employed before end of insurance entitlement period as a result of a New Brunswick TWS intervention (wage subsidy - corresponds to unit 143 – TWS program)
• unit 154 – LMDA EI Part I unpaid benefits resulting from EI claimants employed before end of insurance entitlement period as a result of a New Brunswick 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 New Brunswick programs funded with EI Part II monies, as provided by New Brunswick in section 4.3, the following personal information will be provided to New Brunswick 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 code
• EI client type
• action plan ID
• action plan start date
• action plan end date
• action plan result
• action plan result date
• missing action plan indicator
• intervention code (type of intervention)
• intervention start date
• intervention end date

3.5 Canada will provide to New Brunswick, when requested by New Brunswick and based on the selection criteria identified by New Brunswick, 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 New Brunswick in contacting EI applicants who may be interested in receiving assistance under New Brunswick’s programs funded under this LMDA, 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 New Brunswick the following personal information under its control, on all EI clients residing in New Brunswick who are active EI claimants and who are in receipt of regular or fishing benefits, to assist New Brunswick in the strategic planning of the delivery of its programs:

• postal code (first three digits)
• provincial office code, if available
• EI economic region
• age at benefit period commencement
• preferred official language (French or English)
• gender
• disability status (where available as self-identified information)
• visible minority (where available as self-identified information)
• aboriginal group (where available as self-identified information)
• education level (where available as self-identified information)
• EI claim status
• 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
• cut-off date (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 (NAICS) code of last job

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

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

3.8 For the purposes of detecting overpayments of financial assistance due to error, misrepresentation or fraud in relation to an individual or individuals receiving, or who have received assistance from New Brunswick under New Brunswick programs funded under this LMDA, Canada will provide to New Brunswick where available and upon written request, on a per individual basis, any or all of the following personal information under its control about an individual:

• 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 New Brunswick 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 New Brunswick the information listed in section 3.8 about any individual who has received, or is receiving, assistance under Canada’s programs where it suspects that the individual was/is not entitled to that assistance, and/or may have received or be receiving insurance benefits under Part I of the EI Act to which the individual was/is not entitled. 3.10 Following amendments to Canada’s EI Act, Canada will provide to New Brunswick, when requested by New Brunswick, on a per individual basis, any or all of the following personal information under its control in respect of each individual who has been determined to be an active EI claimant who is receiving or has recently received financial assistance while participating in a New Brunswick program, to assist New Brunswick in communicating with the client and/or in determining whether any revisions to New Brunswick’s financial assistance are required:

• name
• social insurance number
• address
• postal code
• telephone number
• language (English or French)
• federal office code, if available
• Part I benefit period commencement (BPC)
• 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

4.0 Information to be provided by New Brunswick to Canada

4.1 New Brunswick will provide Canada, on a per individual basis, the following personal information under its control about each of its clients who has submitted an application under one of New Brunswick’s benefits and measures, for the purposes of establishing and verifying if the individual qualifies as an EI client:

• social insurance number
• name
• eligibility date

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

a) to ensure that EI clients who are active EI claimants continue to receive the insurance benefits to which they are entitled while participating in a New Brunswick program (for purposes of section 25 of the EI Act):

• name
• social insurance number
• provincial l office code
• 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 (if available)
• intervention break end week/date (if available)
• authorization for absence from Canada during intervention, with dates(if available)
• agreement/file number (if available)
• apprentice indicator (if available)
• no claimant report code (for apprentices) (if available)
• rate (EI Part II)

b) to allow Canada to verify the ongoing eligibility for, or entitlement to, insurance benefits (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, insurance benefits of an individual who is authorized by New Brunswick to quit their job in order to participate in a New Brunswick program (for the purposes of section 25 of the EI Act):

• name
• social insurance number
• date on which the individual is authorized to quit their job (last day of work)
• start date of participation in the New Brunswick program, and rationale for any gap of more than two weeks
• name and signature of designated authority, with date

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

1. about each EI client who is participating in New Brunswick programs, and
2. for each non-insured participant who is participating in New Brunswick programs funded with EI Part II monies,

for the purpose of assisting Canada in monitoring, assessing and evaluating the effectiveness of the assistance provided by New Brunswick under New Brunswick’s programs, which Canada is required to do under Articles 8 and 10 of this LMDA:

• name
• social insurance number
• address
• postal code
• telephone number
• date of birth
• gender (as self-identified information)
• 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
• provincial office code
• action plan ID
• start date of action plan
• provincial intervention code
• name of intervention in which individual is involved, including apprenticeship
• agreement/file number
• start date of intervention
• end date of intervention
• duration of intervention (hours, weeks, 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
• 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)
• end date of action plan
• action plan result
• date of action plan result
• type of employment obtained (full-time/part-time)
• type of employment obtained (year round / 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 New Brunswick on a monthly basis, or (for periodic evaluations) upon request when available.

4.4 For the purposes of detecting overpayments of insurance benefits under Part I of the EI Act, due to error, misrepresentation or fraud, to an individual or individuals who are participating in, or have participated in New Brunswick programs funded under this LMDA, New Brunswick will provide to Canada upon written request on a per individual basis, any or all, if available, of the following personal information under its control about an individual:

• 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 II)
• total number of weeks paid
• last week paid
• payment indicator for each EI Part II payment referenced
• reason for withdrawal from program
• reason for termination from program
• 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 New Brunswick may also, on its own initiative, provide to Canada the information listed in section 4.4 about any individual who has received, or is receiving, assistance under New Brunswick’s programs where it suspects that the individual was/is not entitled to that assistance, and/or who may have received or be receiving insurance benefits under Part I of the EI Act to which the individual was/is not entitled.

4.6 Following amendments to Canada's EI Act, New Brunswick will provide to Canada any or all of the following personal information under its control in respect of each individual who is receiving or has recently received financial assistance while participating in a New Brunswick program, in order for Canada to determine which of these individuals is receiving or has recently received Part I benefits under that Act, which in turn will assist New Brunswick in communicating with the client and/or in determining whether any revisions to New Brunswick’s financial assistance are required:

• name
• social insurance number
• address
• postal code
• start week(s)/date(s) of New Brunswick intervention
• end week(s)/date(s) of New Brunswick intervention

4.7 New Brunswick will provide to Canada the following personal information under its control on the results of New Brunswick’s efforts to contact the clients identified by Canada under section 3.5 of this Annex, for the purpose of assisting Canada in assessing the impact of those efforts in facilitating the client’s return to work, and verifying the client’s ongoing eligibility for, or entitlement to, insurance benefits (for the purposes of sections 25 and 27 of the EI Act):

• social insurance number
• date of successful contact
• result 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 Security requirements for user identity and access management

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

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

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

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

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

• name, including middle name
• date of the Personnel Security Screening Check completion
• name of approving authority
• position of approving authority
• signature of approving authority, with date

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

5.7 New Brunswick will promptly inform Canada when a New Brunswick employee ceases to need access to any of Canada’s systems.

6.0 Information protection and security

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

6.2 In the event of a breach/incident involving personal information under the care of Canada, New Brunswick will promptly inform ESDC’s Director, EI Part II, Benefits and Measures, of the breach/incident and follow the process described in Appendix A.

7.0 Mode of information exchange

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

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

7.3 Canada and New Brunswick 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 New Brunswick may request improvements to Canada’s applications used by New Brunswick. 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 New Brunswick, 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 New Brunswick 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 New Brunswick 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 New Brunswick 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 New Brunswick 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 written consent of the individual to whom that information relates; or
• b) if required by legislation.

8.4 Canada and New Brunswick 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.

8.5 2 For the purpose of section 8.5, a “third party” does not include Service New Brunswick, responsible for the provision of information technology (IT) infrastructure services to New Brunswick that may include e-mail, data center (servers) and network services.

8.6 New Brunswick acknowledges that it is an offence under the DESD Act for anyone to knowingly make available information that is privileged thereunder or to knowingly use or allow such information to be used otherwise than in accordance with this Annex. This provision applies to employees of New Brunswick as well as employees of ESDC 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 New Brunswick under this Annex, Canada agrees to consult, when required, with New Brunswick prior to any disclosure of such information. In the event of a request under New Brunswick’s Right to Information and Protection of Privacy Act (RTIPPA) for information obtained from Canada under this Annex, New Brunswick 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 DESD 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, the Electronic Documents and Records Management Solutions Standard, 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 New Brunswick, the Right to Information and Protection of Privacy Act (RTIPPA) 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 The parties will 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 the conducting of privacy impact assessments (PIA) and threat and risk assessments (TRA) covering the exchange of personal information under this Annex. When one party is conducting a PIA or TRA, the other party will provide information upon request related to their policies and procedures for managing the personal information provided by the first party, in order to facilitate the completion of the assessment. When the PIA or TRA is completed, the parties agree to provide a copy of the relevant portions of the related reports to each other.

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

10.3.2 When an issue cannot be resolved to the satisfaction of the other party, it shall be referred to the Designated Officials, under section 21.2 of the LMDA.

10.4 The parties will 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 New Brunswick’s Right to Information and Protection of Personal Information Act (RTIPPA), personal information (as defined therein) in New Brunswick’s custody or under New Brunswick’s control may only be stored or accessed in Canada.

12.2 Canada and New Brunswick will cooperate to ensure that the provisions of New Brunswick’s Right to Information and Protection of Personal Privacy Act (RTIPPA) 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; 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.

For ESDC

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

For New Brunswick

Director, of Program Design and Support
Employment and Continuous Learning Services
Department of Post-Secondary Education Training and Labour
470 York Street
Chestnut Complex
P. O. Box 6000
Fredericton, NB
E3B 5H1

1.0 Offer of employment

1.1 Continued Employees, that is those Employees of Canada transferred to New Brunswick as a result of the Canada-New Brunswick Labour Market Development Agreement, will, to the greatest extent possible, be assigned to positions comparable to those which they are vacating according to the job comparison chart developed by the parties.

2.0 Probationary period

2.1 There will be no probationary period for Continued Employees.

3.0 Terms and conditions of employment

3.1 Salary

The annual salary offered to each Continued Employee will not result in an amount lower than that transferred by Canada for that employee and will not be lower than that earned by that employee in their substantive position prior to transfer.

3.2 Hours of work

Continued Employees will work the normal working hours in place for employees of New Brunswick.

3.3 Location

To the greatest extent possible, Continued Employees will be assigned to positions in the same geographic location in which they worked prior to the transfer. The offer of employment will specify the work location. Expenses associated with the relocation of a consenting employee will be paid by New Brunswick.

3.4 Equivalent qualifications

New Brunswick acknowledges the qualifications of Continued Employees as equivalent to the basic qualifications of the positions which these Continued Employees are assuming and further undertakes to recognize this equivalency for all purposes, including, but not limited to: salary increments, staffing and workforce adjustment so long as the Continued Employee remains in the employ of New Brunswick.

4.0 Recognition of prior service

4.1 New Brunswick will recognize all periods of prior service to which a Continued Employee would have been entitled prior to the transfer for all purposes including leave and benefit entitlements, severance pay, assignment and/or promotion pay. Canada undertakes to negotiate with and transfer to New Brunswick the actuarial value of Canada's liability for any deferred severance payment to Continued Employees to cover the period for which they were in the employ of Canada, this severance payment to be paid by New Brunswick to Continued Employees at the time they cease employment with New Brunswick.

4.2 As to accrued vacation entitlement, New Brunswick will recognize the entitlement of Continued Employees who have 19 years of service prior to the Transfer Date, to 5 weeks of vacation leave.

New Brunswick will also recognize all vacation leave accumulated by Continued Employees up to a maximum equivalent of one year's entitlement.

4.3 New Brunswick undertakes to make every effort with any and all unions receiving Continued Employees to negotiate transfer agreements which recognize all periods of prior service to which a transferred employee would have been entitled prior to the transfer for the purposes of seniority in all its applications other than what has already been agreed under sections 4.1 and 4.2. The results of New Brunswick's negotiations with the receiving unions on this matter will be reflected in the Employee Transfer Proposal.

5.0 Health, life, dental and long term disability insurance plans or arrangements

5.1 Prior to the Transfer Date, New Brunswick will establish for or extend to every Continued Employee, health, life, dental care and Long Term Disability Insurance plans or arrangements which are in force for employees of New Brunswick at the time of transfer.

5.2 Enrolment in these plans will not require evidence of insurability, application of pre-qualification conditions, which might otherwise apply (for coverage of employees, their spouses or dependents) including restrictions related to pre-existing conditions criteria.

6.0 Short-term disability arrangement

6.1 New Brunswick will recognize all sick leave accumulated by Continued Employees. For employees whose accumulated sick leave exceeds the maximum of 240 days of accumulated sick leave which currently applies to employees of New Brunswick, Continued Employees will draw down any accumulated sick leave beyond 240 days and will not earn sick leave until such time as their accumulated sick leave falls below 240 days. This arrangement in combination with the Long Term Disability Plan will provide income protection for Continued Employees who are unable to work because of a non-occupational illness or accident.

7.0 Pension plan arrangements

7.1 New Brunswick undertakes to enrol Continued Employees in its existing pension plan as of the Transfer Date.

7.2 New Brunswick undertakes to set out the details of Pension Plan Arrangements in an Employee Transfer Proposal.

8.0 Transition period amendments to existing compensation arrangements

8.1 New Brunswick agrees that during the Transition Period, that is, the period starting on the signing of the Employee Transfer Agreement (ETA) and finishing on the Transfer Date,

• a) A change in any element of New Brunswick's compensation arrangement or in any element covered in the ETA, as a result of an amendment by statute or the collective bargaining process, which would result in a less advantageous arrangement for Continued Employees will not affect these employees;
• b) Further discussion may be required between the parties to clarify and modify the ETA if there is a change in any element of the federal public service compensation arrangement or in any element of the ETA, as a result of an amendment by statute or the collective bargaining process, which, in the opinion of Canada, will lead to a situation in which the offer made by New Brunswick no longer constitutes a Reasonable Job Offer.

9.0 Specific commitments for the first three years of the agreement

9.1 New Brunswick undertakes that in no event, except with the written consent of the concerned employee, will the employment of a Continued Employee, who has accepted an offer of indeterminate employment as a result of this agreement, be terminated in the three year period following the Transfer Date, other than for cause.

1.0 Purpose

1.1 The purpose of this Annex to the Canada-New Brunswick Agreement on Labour Market Development is to highlight provisions for the transfer of moveable assets to the Province of New Brunswick by Canada.

2.0 Definition

2.1 In the context of this agreement, moveable assets are assets which are not permanently attached to a building. This includes office furniture and equipment, i.e. desks, chairs, book cases, filing cabinets, acoustical screens, calculators and micro-computer hardware and a proportionate share of office productivity software based on the number of employees being transferred and current HRDC user licences.

3.0 Procedure for transfer of Assets

3.1 Relevant to the number of federal employees who are transferred to New Brunswick under arrangements referred to in Section 12 of this Agreement, Canada will prepare an inventory of moveable assets to be transferred to New Brunswick. Upon completion of the list of moveable assets to be transferred, it will be submitted for approval to the Implementation Committee referred to in Section 21. The approved list will be attached to this Annex and become part of this Agreement.

1.0 Context

1.1 Canada and New Brunswick have agreed that implementation by New Brunswick of its provincial benefits and measures and the related transfer of human resources from Canada will optimally occur effective 01 April 1997. The accomplishment of this objective must be attained in keeping with the following:

• services and supports to individual clients and contractual representatives must not be interrupted as a result of the new labour market development arrangements between the parties under the agreement;
• employment of, and support to employees, must not be interrupted as a result of the new arrangements; and
• data capture and tracking of information related to clients, interventions, funding and accountability requirements must not be interrupted as a result of the new arrangements

Reflective of these commitments, Canada and New Brunswick recognize that specific issues must be resolved to allow for transfer of functions and resources. Those minimum essential areas are described below.

2.0 Essential elements

1. Provincial benefits and measures

• completion of program design and administrative tools, including forms, promotional and information materials for clients, employers and sponsors
• identification of systems needs, development and operationalization of systems supports for each program and service, including capacity for data capture and tracking related to financial and accountability requirements

2. Systems

• Accountability (Primary Results Indicators)-Systems capacity to capture data elements and generate reports in keeping with the accountability requirements set out in this Agreement
• Financial Support Pay System-Systems capacity to generate payment to clients and to claimants receiving support under Part II of the EI Act; and, to generate contributions to employers and project sponsors under Part II of the EI Act

3. Human Resources

• Identification of FTE requirements by service delivery site.
• Selection of staff to be transferred; issuance of Reasonable Job Offers to selected staff; finalization of Employee Transfer Agreements; and, appointment of transferred staff.

4. Carry-over arrangements

Financial support commitments with clients and contracts with employers and sponsors with whom HRDC has legal undertakings or commitments, which extend beyond the date of implementation of the Agreement, must be respected. Canada and New Brunswick will make arrangements accordingly, either through HRDC retaining and closing out these contracts or commitments; and or through a transfer or assignment of legal responsibility, including the transfer of associated outstanding financial commitments, to New Brunswick.