Canada - New Brunswick Labour Market Development Amending Agreement #1

Between Canada as represented by the Department of Human Resources Development, as represented by the Minister of Human Resources Development, and the Canada Employment and Insurance Commission, as represented by its Chairperson.

Of the first part

And New Brunswick as represented by the Department of Human Resources Development as represented by the Minister of Human Resources Development and the Department of Advanced Education and Labour as represented by the Minister of Advanced Education and Labour.

Of the second part

Whereas the Province desires to obtain certain personal information in possession of the Federal Institution to better administer and enforce certain laws currently in force in New Brunswick and to carry out studies, analysis and evaluations;

Whereas the Federal Institution desires to obtain certain personal information in the possession of the Province to administer and enforce the Employment Insurance Act, S.C. 1996, c.11, and the Unemployment Insurance Act, R.S.C. 1985, c.U-1 (as required), labour force development and related income assistance programs and services, and to carry out research, studies, analysis and evaluations;

Whereas the release of personal information by the Federal Institution to the Province for the purposes described above is authorized in part by paragraph 8(2)(a), (f) and (j) of the Privacy Act R.S.C. 1985, c.P-21 and in part by section 127 of the Employment Insurance Act;

Whereas paragraph 8(2)(a) of the Privacy Act provides that a Government Institution may disclose personal information for the purpose for which it was obtained or for a use consistent with that purpose;

Whereas paragraph 8(2)(f) of the Privacy Act provides that a Government Institution may disclose personal information under an agreement or arrangement between the Government of Canada or an institution thereof and the government of a province, or any institution of any such government, for the purpose of administering or enforcing any law or carrying out a lawful investigation;

Whereas paragraph 8(2)(j) of the Privacy Act provides that a Government Institution may disclose to any person or body personal information for research or statistical purposes if the head of the Government Institution

i) is satisfied that the purpose for which the information is disclosed cannot reasonably be accomplished unless the information is provided in a form that would identify the individual to whom it relates, and
ii) obtains from the person or body a written undertaking that no subsequent disclosure of the information will be made in a form that could reasonably be expected to identify the individual to whom it relates;

Whereas the Minister of Human Resources Development deems it advisable, in accordance with Section 127 of the Employment Insurance Act to authorize the release of certain information obtained by the Federal Institution from any person under that Act, or any regulation thereunder, to the Province for the purposes stated in this Agreement;

And Whereas New Brunswick is authorized to disclose personal information to the Federal Institution for the purposes described above.

The parties, therefore, agree as follows:

1. Interpretation

In this Agreement:

“Commission” means the Canada Employment and Insurance Commission;

“Department” means the Department of Human Resources Development;

“Federal Institution” means the Canada Employment and Insurance Commission and/or the Department of Human Resources Development;

“Province” means the Department of Human Resources Development and the Department of Advanced Education and Labour.

2. Purpose

The purpose of this Agreement is to put into place a formal mechanism for the exchange of personal information between the parties to the Agreement in order to allow them to better and more effectively carry out their respective mandates.

3. Use of information

3.1 The information provided by the Federal Institution to the Province shall only be used to:

(a) administer and enforce the Family Income Security Act and Family Services Act and relevant provincial employment, training and labour force development legislation; and
(b) carry out research, studies, analyses and evaluations of labour force development, employment, income support programs and policies.

3.2 The information provided by the Province to the Federal Institution shall only be used to:

(a) administer and enforce the Employment Insurance Act, training, employment, labour force development programs and services; and
(b) carry out research, studies, analyses and evaluations of labour force development, employment and income support programs and policies.

3.3 Neither party shall use the information provided under this Agreement unless it is for a purpose which is specifically authorized herein.

4. Information to be exchanged

4.1 Upon being provided by the Province with the social insurance number and the case identification number of the individuals and, where possible, the names, dates of birth or addresses of the individuals, the Federal Institution shall search its Insurance Claim File, Record of Employment and/or Benefit and Overpayment Master File, currently identified in the 1996-97 InfoSource as, respectively, HRDC PPU 150, HRDC PPU 385 and HRDC 180, and communicate to the Province the following information with respect to each such individual who has made application for benefits under the Employment Insurance Act, if such information is available:

(a) name;
(b) address;
(c) case identification;
(d) date of birth;
(e) benefit period commencement;
(f) renewal date;
(g) claim type;
(h) claim status (including if a medical certificate is required or a Record of Employment is missing);
(i) weekly benefit rate which includes the net benefits an individual would receive;
(j) overpayment balance;
(k) claimant report processes including deduction details;
(l) disentitlements and disqualifications – reasons and duration;
(m) number of insured weeks;
(n) claim terminated;
(o) agreed deduction;
(p) assignment of benefit – balance and duration;
(q) waiting period served;
(r) manual pay;
(s) next report to be processed;
(t) minimum living allowance (and Province identification);
(u) entitlement weeks; and
(v) number of weeks paid.

This information shall only be used in accordance with the purposes outlined in Section 3.1 (a).

4.2 The Federal Institution will communicate to the Province extracts from the Longitudinal Labour Force File identified as HRDC PPU 335 in the 1996-97 InfoSource. This information shall be limited to individuals currently or previously resident in New Brunswick. This information is also limited to information initially extracted and/or generated from the Federal Institution administrative files. This includes, if available, information such as:

(a) age;
(b) gender;
(c) number of dependents;
(d) social insurance number, where obtained from sources other than the Social Insurance Number Register;
(e) last grade completed;
(f) current educational status;
(g) occupation according to National Occupational Classification (NOC);
(h) employers according to Standard Industrial Classification (SIC);
(i) start and end date of employment periods, including reason(s) for terminating;
(j) start and end date of Employment Insurance periods, including the amount of benefits received;
(k) amount of benefits, allowances or wages received if participating in federal or provincial employment or training programs; and
(l) type of training including start and end dates of program(s).

This information shall only be used in accordance with the purposes outlined in Section 3.1 (b).

4.3 The Federal Institution will communicate to the Province extracts from the Longitudinal Labour Force File for those persons drawing benefits from The Atlantic Groundfish Strategy. This information shall be limited to individuals currently or previously resident in New Brunswick. This information is also limited to information initially extracted and/or generated from the Federal Institution administrative files. This includes, if available, information such as:

(a) age;
(b) gender;
(c) number of dependents
(d) social insurance number, where obtained from sources other than the Social Insurance Number Register;
(e) last grade completed;
(f) current educational status;
(g) start and end date of employment periods, including reason(s) for terminating;
(h) start and end date of TAGS periods, including the amount of benefits received;
(i) amount of benefits, allowances or wages received if participating in federal or provincial employment or training programs; and
(j) type of training including: Canadian Jobs Strategy (CJS) or Labour Force Development Program or Project name and start and end dates of program(s).

This information shall only be used in accordance with the purposes outlined in Section 3.1 (b).

4.4 The Province will provide to the Federal Institution, if the Province has possession of it, the following information concerning each individual who is currently in receipt of social assistance benefits or benefits under a provincial or federal employment, training and labour force development program.

In recognition that the provincial parties to this agreement collect different types of information as their mandate warrants, the following requests are made reflecting these differences.

Provincial Department of Human Resources Development:

(a) name;
(b) gender;
(c) date of birth;
(d) social insurance number;
(e) address;
(f) telephone number;
(g) family type (unattached male, unattached female, couple, two parent family, single female with dependents, and single male with dependents);
(h) marital status;
(i) number of dependents;
(j) disability status;
(k) assessment regarding employability
- employability status:
  - (i) unemployed employables
    - high employability
    - medium employability
    - low employability
  - (ii) not employable
    - barriers to employment
    - suitability for training
(l) educational attainment and current status (i.e. out of school);
(m) history of payment benefits (amount and start date of benefits); and
(n) other sources of income: employed, self-employed, no income or awaiting/receiving EI.

Provincial department of advanced education and labour – Employment development programs participants:

(a) name;
(b) gender;
(c) date of birth;
(d) social insurance number;
(e) address;
(f) telephone number;
(g) history of payment benefits/employer wage subsidies (amount and start date of benefits);
(h) name of wage subsidy program in which individual is enrolled; and
(i) educational attainment and current status (i.e. out of school).

Provincial department of advanced education and labour – Training program participants:

(a) name;
(b) gender;
(c) date of birth;
(d) social insurance number;
(e) address;
(f) telephone number;
(g) educational attainment and current status (i.e. out of school);
(h) name of training or course in which individual was enrolled (i.e. provincial adult literacy, basic education training, etc.);
(i) attendance records at provincial colleges for federally and provincially sponsored clients;
(j) the Red Seal exam results of final year apprentices;
(k) Labour Force Activity: worked full time, part time, did not work, unknown, NOC and length of time in occupation;
(l) course/training start date, course/training completion date, course/training termination/withdrawal date, name of course/training completed, number of hours of course required, name of certificate issued, amount of training benefits paid; and

This information shall only be used in accordance with the purposes outlined in Section 3.2 (a).

4.5 The Province will provide to the Federal Institution, if the Province has possession of it, the following information concerning each individual who is currently in receipt of social assistance benefits or benefits under a provincial or federal employment, training and labour force development program.

In recognition that the provincial parties to this agreement collect different types of information as their mandate warrants, the following requests are made reflecting these differences.

Provincial Department of Human Resources Development:

(a) name;
(b) gender;
(c) date of birth;
(d) social insurance number;
(e) address;
(f) telephone number;
(g) family type (unattached male, unattached female, couple, two parent family, single female with dependents, and single male with dependents);
(h) marital status;
(i) number of dependents;
(j) disability status;
(k) assessment regarding employability
- employability status:
  - (i) unemployed employables
    - high employability
    - medium employability
    - low employability
  - (ii) not employable
    - barriers to employment
    - suitability for training
(l) educational attainment and current status (i.e. out of school);
(m) history of payment benefits (amount and start date of benefits);
(n) other sources of income: employed, self-employed, no income or awaiting/receiving EI;
(o) training history;
(p) name of training or course in which individual was enrolled (i.e. provincial adult literacy, basic education training, etc.);
(q) labour force activity in the twelve months prior to program participation;
- (i) number of months employed, number of months unemployed, number of months out of the labour force;
(r) current and previous labour force activity including:
- name of current employer
  - employed/self-employed
  - current employers industrial code (SIC)
  - employees occupational code (NOC)
  - weekly hours worked for current employer
- name of previous employer
  - employed/self-employed
  - previous employers industrial code (SIC)
  - employees occupational code with previous employer (NOC)
(s) name of course or training in which the individual is enrolled (under any education, training or work experience program); and
(t) course/training start date, course/training completion date, course/training termination/withdrawal date, name of course/training completed, number of hours of course required, name of certificate issued, amount of training benefits paid.

Provincial department of advanced education and labour – Employment development programs participants:

(a) name;
(b) gender;
(c) date of birth;
(d) social insurance number;
(e) address;
(f) telephone number;
(g) history of payment benefits/employer wage subsidies (amount and start date of benefits);
(h) name of wage subsidy program in which individual is enrolled; and
(i) educational attainment and current status (i.e. out of school).

Department of advanced education and labour – Training program participants:

(a) name;
(b) gender;
(c) date of birth;
(d) social insurance number;
(e) address;
(f) telephone number;
(g) educational attainment and current status (i.e. out of school);
(h) name of training or course in which individual was enrolled (i.e. provincial adult literacy, basic education training, etc.);
(i) attendance records at provincial colleges for federally and provincially sponsored clients;
(j) the Red Seal exam results of final year apprentices;
(k) Labour Force Activity: worked full time, part time, did not work, unknown, NOC and length of time in occupation;
(l) course/training start date, course/training completion date, course/training termination/withdrawal date, name of course/training completed, number of hours of course required, name of certificate issued, amount of training benefits paid; and
(m) history of payment benefits/employer wage subsidies (amount and start date of benefits)

This information shall only be used in accordance with the purposes outlined in Section 3.2 (b).

4.6 Each party shall communicate the information covered by this Agreement in such form and at such intervals as is mutually agreed upon, generally on a weekly basis. It is not mandatory to provide the data elements through an automated system.

4.7 With respect to 4(6), the parties accept that

(a) major information technology improvements are being implemented by both parties;
(b) such improvements may involve the provision and use of client identification cards, which may enable clients to access electronically; and
(c) improved efficiency and effectiveness of information exchanges may be achieved through the use of
- (i) combining approved exchanges of one or more federal institutions with one or more provincial/municipal institutions; or
- (ii) utilizing third party technology services vendors, such as other government institutions or the private sector;

and therefore, the parties agree to

(a) advise and consult the other party six (6) months in advance, if information technology changes will affect the availability, cost, means of access, or reliability of the information agreed to be exchanged; and
(b) on a mutually agreeable schedule, conduct routine information sharing sessions regarding program, business, and technology re-engineering plans, with a view to improving client services, privacy protection, and the efficiency and effectiveness of authorized information sharing.

5. Financial arrangements

Each party waives any cost it may incur under this Agreement.

6. Confidentiality

6.1 In addition, the Minister of Human Resources Development is herein obtaining from the Province a written undertaking that no subsequent disclosure of the information provided to province for research or statistical purposed will be made in a form that could reasonably be expected to identify the individual to whom it relates;

6.2 Each party undertakes to fully maintain, respect and protect the confidentially of the information received under this Agreement, and not to release it to anyone unless such release is authorized herein or by law.

6.3 The Province and the Federal Institution may prepare studies, reports and statistical studies based upon the data provided to them under this Agreement. Such studies, reports and statistical studies are hereinafter collectively referred to as “a report”.

6.4 Each party shall not release a report it has prepared unless the consent of the other party has been obtained under clauses 6.5 and 6.6.

6.5 If a party wishes to release a report, it must provide three copies of it to the other party. The other party shall then have at least three weeks from the day of receipt to examine the report and make known whether it consents to its release in whole or in part.

6.6 In determining whether to consent to the release of a report, each party undertakes to govern itself in accordance with the following principles:

(a) the overriding concern shall always be to fully ensure and protect the privacy of individuals; and
(b) each shall always act in good faith and shall not unreasonably withhold consent to release.

6.7 In keeping with the above, the parties agree that no cells in a statistical table contained in a report shall be based on fewer than ten individuals.

6.8 The Province will undertake to apply federal government standards, as described in the Government Security Policy and supporting operating directives and guidelines, covering the administrative, technical and physical safeguarding of the personal information to be communicated by the Federal Institution.

7. General

7.1 The parties undertake to give one another notice of any change in policy, regulations or legislation relating to respective programs that is likely to affect this Agreement.

7.2 This Agreement shall commence on, and take effect from, the date on which it is signed by the last of the parties and may be terminated by either party giving six months written notice to that effect to the other.

7.3 In the event of a termination of the Agreement, the information supplied by each party to the other shall be destroyed or shall be disposed of in a manner mutually agreed upon. Each party shall send a letter to the other acknowledging that the disposition of the information has been effected in the agreed manner.

7.4 This Agreement may be amended upon the written agreement of the parties hereto.

7.5 Any notice to be delivered in this Agreement may be sent to the party concerned as follows:

(a)

Director General, New Brunswick Region

Human Resources Development Canada

P.O. Box 2600

Fredericton, N.B.

E3B 5V6

(b)

Minister’s Office

Provincial Department of Human Resources Development

P.O. Box 6000

Fredericton, N.B.

E3B 5H1

(c)

Minister’s Office

Provincial Department of Advanced Education and Labour

P.O. Box 6000

Fredericton, N.B.

E3B 5H1

In witness whereof this Agreement has been signed on behalf of the Department and the Commission by the Minister of Human Resources Development and the Chairperson of the Commission respectively,

For the Department

______________

The Honourable Pierre Pettigrew

Minister of Human Resources Development

June 6, 1997

Date

______________

Witness

For Human Resources Development Canada and for Canada Employment Insurance Commission

______________

Mel Cappe

Deputy Minister and Chairperson

April 6, 1997

Date

______________

Witness

In witness whereof this Agreement has been signed on behalf of the Province by the Ministers of Human Resources Development, and Advanced Education and Labour.

For the Province

______________

The Honourable Marcelle Mersereau

Minister of Human Resources Development

May 14, 1997

Date

______________

Witness

______________

The Honourable R. J. MacIntyre

Minister of Advanced Education and Labour

May 21, 1997

Date

______________

Witness

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Date modified:: 2020-01-08

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Canada - New Brunswick Labour Market Development Amending Agreement #1

1. Interpretation

2. Purpose

3. Use of information

4. Information to be exchanged

Provincial department of advanced education and labour – Employment development programs participants:

Provincial department of advanced education and labour – Training program participants:

Provincial Department of Human Resources Development:

Provincial department of advanced education and labour – Employment development programs participants:

Department of advanced education and labour – Training program participants:

5. Financial arrangements

6. Confidentiality

7. General

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