Labour Market Development Amending Agreement No. 2

Between

Between The Government of Canada (herein referred to as "Canada"), as represented by the Minister of Human Resources 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 the Department of Training and Employment Development.

Whereas Canada and New Brunswick entered into a Labour Market Development Agreement (the "Agreement") on December 13, 1996 in which Canada and New Brunswick agreed to certain arrangements relating to the assumption by New Brunswick of an expanded role in the delivery of labour market programs and services in New Brunswick with financial assistance provided by Canada under section 63 of the Employment Insurance Act;

and

whereas the parties wish to amend the information sharing arrangements provided for in section 9 and Annex 6 of the Agreement;

Now, therefore, Canada and New Brunswick agree to amend the Agreement as follows:

  1. Annex 6 to the Agreement is replaced by the document attached as the Schedule to this Agreement entitled “Annex 6: Information and Data Sharing Arrangements”.
  2. The amendment to the Agreement herein shall be effective as of the date of signing of this Agreement.
  3. The Agreement in all other respects shall remain the same.
  4. This Amending Agreement shall be read together with the Agreement and shall take effect as if its provisions were contained in the Agreement.

Signed on behalf of Canada this __ day of __________ 200_.

Canada Employment Insurance Commission

Per _____________________

Regional Executive Head

Human Resources Development Canada,

New Brunswick Region

Signed on behalf of New Brunswick this ____ day of ______ 200_.

Minister of Training and Employment Development

Per _________________________

Schedule

Annex 6: Information and data sharing arrangements

1.0 Purpose

The purpose of this Annex to the Canada-New Brunswick Labour Market Development Agreement (the “LMDA”) is to provide for the exchange of information between the parties for the effective implementation of the LMDA.

2.0 Authorities

Canada to New Brunswick

2.1 With respect to the information to be provided by Canada to New Brunswick under section 3 of this Annex, Canada confirms that it is authorized under section 127 of the Employment Insurance Act (EI) to provide such information to New Brunswick for the purposes set out in section 3. In this regard,

  • (a) the information set out in section 3 consists of information obtained by the Canada Employment Insurance Commission or the Department of Human Resources Development from persons under the EI Act, and of information prepared from such information;
  • (b) section 127 of the EI Act authorizes the disclosure of such information to such persons as the Minister of Human Resources Development considers advisable; and
  • (c) Canada’s Minister of Human Resources Development has considered it advisable under section 127 of the EI Act to make the information described in section 3 of this Annex available to New Brunswick for the purposes described herein.
New Brunswick to Canada

2.2 With respect to the information to be provided by New Brunswick to Canada, under section 4 of this Annex, New Brunswick confirms it is authorized by Principle 3 of the Protection of Personal Information Act to provide such information to Canada for the purpose set out in section 4.

3.0 Information to be provided by Canada to New Brunswick

3.1 Canada will provide to New Brunswick, when requested by New Brunswick, on a per individual basis, the following 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 and is therefore eligible for, or entitled to, assistance under its provincial/territorial benefits and measures;

    • name
    • social insurance number
    • address
    • postal code
    • telephone number and area code
    • date of birth
    • responsible Human Resource Centre Canada – if available
    • gender
    • language
    • status
  • (b) and, in respect of those individuals, who have been determined to be an EI client who is eligible for, or entitled to, assistance under its provincial benefits and measures, assisting New Brunswick in determining the nature and level of financial assistance to be provided to the EI client under its provincial/territorial benefits and measures:

    • name
    • social insurance number
    • address
    • postal code and area code
    • telephone number
    • date of birth
    • responsible Human Resource Centre Canada – if available
    • gender
    • language
    • status
    • number of previous claims in the last five years (60 months)
    • disqualified – yes/no
      • if yes - number of disqualification weeks
      • if yes - disqualification start week
      • if yes - disqualification end week
    • disentitlement – yes/no
      • if yes - disentitlement start date
      • if yes - disentitlement end week
    • stop payment – yes/no
      • if yes – date of stop payment
    • type of benefit
    • benefit period commencement (BPC)
    • last week processed
    • renewal week
    • rate
    • federal tax deducted
    • provincial tax deducted
    • number of eligible weeks
    • number of weeks paid
    • Part I end date
    • identification if on measure – “NOTICE: CLIENT ALREADY ON INTERVENTION, CONTACT HRDC”

3.2 Canada will provide to New Brunswick all or any of the following information under its control on all EI clients who have received assistance from New Brunswick under its provincial/territorial benefits and measures for use by New Brunswick in monitoring, assessing and evaluating the effectiveness of the assistance. Data will be provided in three file formats to facilitate New Brunswick’s review.

3.2.1 The following elements will be provided in a data set structured for the determination of results:

  • social insurance number
  • apprenticeship client indicator
  • benefit rate
  • benefit period commencement
  • last week of entitlement
  • fail to report indicator
  • month code
  • found employment
  • found work counter
  • unpaid benefits
  • last week processed
  • new benefit period commencement
  • total weeks paid
  • training ID (header record)
  • training/self employment start week
  • training/self employment end week
  • unit 43 – EI claimants employed before end of insurance benefit period as a result of assisted service
  • unit 44 - EI claimants employed after end of insurance benefit period as a result of an assisted service
  • unit 45 – non case-managed clients who become employed before the end of their entitlement period as a result of Group Services
  • unit 46 – clients (former EI claimants and other unemployed clients) employed as a result of an assisted service
  • unit 52– unpaid benefits (EI Part I) resulting from EI claimants employed before end of insurance benefit period, as a result of an assisted service
  • unit 53 – unpaid benefits (EI Part I) resulting from EI claimants employed before end of insurance benefit period and reported after end of benefit period as a result of a targeted wage subsidy (or similar) intervention
  • unit 54 – unpaid benefits (EI Part I) resulting from EI claimants employed before end of insurance benefit period as a result of Group Services (from Unit 45)
  • result week of intervention
  • result date of intervention
  • action plan outcome and result
  • result week of action plan
  • intervention start date
  • intervention end date
  • provincial RC code
  • weeks paid sub-counter
  • weeks paid counter
  • initial benefit period
  • client type
  • group services type
  • group services flag
  • date of group session
  • standard data flag file

3.2.2 The following elements will be provided in two different formats. One format structured for determining clients served by client types and the other for intervention data (includes interventions count and designated group information):

  • social insurance number
  • program
  • age
  • action plan result
  • case manager
  • client type
  • action plan creation cate
  • action plan start date
  • action plan end date
  • action plan result
  • action plan result date
  • designated group indicators (disabled, visible minority, women, aboriginal)
  • intervention start date
  • intervention end date
  • source of information
  • missing action plan indicator
  • new start interventions
  • social assistance recipient
  • gender
  • RC code

4.0 Information to be provided by New Brunswick to Canada

4.1 New Brunswick will provide to Canada the following information under its control, and where available and electronically supported, about each EI client receiving assistance under its provincial benefits and measures for the purposes of assisting Canada in verifying their eligibility for, or entitlement to, insurance benefits under Part I of the EI Act, and ensuring that EI clients who are active EI claimants continue to receive the insurance benefits to which they are entitled while participating in an activity under a provincial benefit:

  • name
  • social insurance number
  • address including postal code
  • date of birth
  • name of intervention in which individual is involved
  • start date(s) of intervention
  • end date(s) of intervention
  • date of withdrawal from intervention
  • date terminated from intervention
  • reason for withdrawal from intervention
  • reason for termination from employment/intervention
  • client counseled to quit/withdraw from employment/intervention

4.2 New Brunswick will provide to Canada the following information under its control, and where available and electronically supported, about each EI client who is participating in New Brunswick’s provincial benefits and/or measures, and for each non-insured participant who is participating in New Brunswick’s provincial benefits and/or measures 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 its provincial benefits and measures, which Canada is required to do under section 3 of the EI Act:

  • name
  • social insurance number
  • address including postal code
  • date of birth
  • telephone number, including area code
  • gender
  • marital status
  • family type
  • number of dependents
  • disability status
  • visible minority
  • aboriginal group
  • youth at risk
  • name of intervention in which individual is involved, including apprenticeship
  • provincial intervention code
  • start date(s) of intervention
  • end date(s) of intervention
  • duration of intervention (hours/weeks)
  • start date(s) of action plan
  • end date(s) of action plan
  • national occupational classification code for training
  • action plan result/outcome
  • educational attainment, including post-secondary
  • type of employment obtained (full-time/part-time)
  • NOC code of employment obtained
  • date of action plan result
  • official language preferred
  • language of service
  • language of intervention received
  • intervention outcome (including reason for non-completion, where available)
  • Group Services type
  • Group Services completion date
  • provincial responsibility code
  • earnings (hourly/weekly/monthly)
  • EI client status
  • client social assistance status
  • type of benefit income from government sources
  • labour force attachment prior to intervention
  • case file number/file number
  • citizenship
  • current/last employment, including national occupational code (NOC), years of experience, part-time/full-time, start date, end date, salary, reason for leaving job
  • activity code
  • name and/or type of training institution (public/private), attendance (part-time/full-time) program name (Employer Wage Subsidy, Self-Employment benefits – SEB)
  • year-round/seasonal job
  • type of employer (private sector, non-profit organization)
  • SEB type of assistance (coaching, business plan, ongoing technical assistance)

New Brunswick will update the available and electronically supported information monthly.

5.0 Mode of information exchange

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

  • (a) access by New Brunswick to systems administered by Canada;
  • (b) access by Canada to systems administered by New Brunswick;
  • (c) development of connectivity protocols allowing the systems of both parties to communicate with each other; and
  • (d) sharing of common software and functionality.

5.2 Canada and New Brunswick are committed to ensuring that the information they provide to each other under this Annex is reliable and is provided in a timely manner, and they agree to work together in achieving this goal.

6.0 Confidentiality and use

6.1 Unless otherwise required by law, each party agrees that information received from the other party under this Annex for a purpose specified herein shall be used solely for the purpose for which it was provided and for no other purpose.

6.2 Unless otherwise required by law, the parties undertake to fully maintain and protect the confidentiality of the information they received under this Annex.

6.3 The parties shall not, without the written consent of the individual to whom the information relates, disclose to anyone any information received under this Annex in any form that could reasonably be expected to identify that individual for any purpose other than:

  • (a) the purpose for which the information was provided under this Annex;
  • (b) a purpose consistent with the purpose for which that information was provided under this Annex; or
  • (c) a purpose authorized by law.

6.4 In the event of a request under Canada’s Access to Information Act or Privacy Act for information obtained from New Brunswick under this Annex, Canada agrees to consult with New Brunswick prior to any disclosure of such information. In the event of a request under New Brunswick’s Right to Information Act for information obtained from Canada under this Annex, New Brunswick agrees to consult with Canada prior to any disclosure of such information.

6.5 The parties acknowledge that, where the consent of EI clients to the use or disclosure of personal information about themselves is a condition of eligibility for assistance under a provincial benefit and/or measure, written rather than verbal consent must be obtained from the EI clients and they must be notified of the purpose of the use or disclosure.

6.6 Each party will ensure that no information they received under this Annex is disclosed to a third party for a purpose authorized herein, unless there is a written agreement between the disclosing party and the third party, imposing upon the third party obligations that are similar in scope to those that are imposed upon the disclosing party under this Annex, with respect to the protection of this information.

7.0 Costs

Costs incurred by a party in carrying out its obligations hereunder will be the responsibility of that party.

8.0 Protection of income tax data

8.1 Where information described in section 3 of this Annex is provided to New Brunswick by Canada by allowing New Brunswick direct access to its electronic data systems, it is recognized that certain data screens to which New Brunswick may have access may include, in addition to the information set out in section 3 to which New Brunswick is being given access, the following taxpayer information which has been provided to the Canada Employment Insurance Commission by Revenue Canada (now known as Canada Customs and Revenue Agency) the disclosure of which is governed by section 241 of the Income Tax Act:

  • family supplement rate;
  • identification that a manual action against the client’s benefits was initiated due to a Revenue Canada (now known as Canada Customs and Revenue Agency) case;
  • federal tax credit;
  • Revenue Canada (now known as Canada Customs and Revenue Agency) recovery action and the amount deducted.

8.2 New Brunswick acknowledges that it is prohibited from using this taxpayer information for any purpose, copying it, downloading it or disclosing it to anyone, including, for greater certainty, any third party, including its contractors or agents. New Brunswick acknowledges that it has been provided with a copy of the Memorandum of Understanding between Revenue Canada (now known as Canada Customs and Revenue Agency) and Human Resources Development Canada on February 17, 1995.

9.0 Information management

9.1 The information exchanged under this Annex shall be collected, used, retained, disclosed, destroyed or disposed of, and otherwise administered in accordance with:

  • (a) in the case of Canada, the Privacy Act, the National Archives of Canada Act, the Government of Canada Security Policy, applicable departmental policies and protocols and supporting operating directives and guidelines, covering the administrative, technical and physical safeguarding of the personal information; and,
  • (b) in the case of New Brunswick, the Protection of Personal Information Act, applicable departmental policies and protocols and supporting operating directives and guidelines, covering the administrative, technical and physical safeguarding of the personal information.

9.2 The parties will take all reasonable measures to observe the information management requirements mentioned in subsection 9.1 to ensure the confidentiality, and integrity of information exchanged under this Annex and to safeguard the information against accidental or unauthorized access, disclosure, use, modification and deletion.

9.3 Each party will promptly notify the other party of any unauthorized disclosure or use of the information and will furnish the other party with full details of the unauthorized disclosure or use of that information.

9.4 In the event of an occurrence described in subsection 9.3 above, the party responsible for the security of the information will promptly take all reasonable steps to prevent a recurrence of the event.

9.5 The parties recognize each other’s legal obligations to ensure that effective controls are in place to protect the personal information exchanged under this Annex. To this extent, the parties agree to jointly develop, prior to January 2004, an accountability process for communicating assurances to each other that the terms and conditions of this Annex are being monitored and respected.

9.6 Where deficiencies in a party’s information management practices affecting compliance with the requirements of subsection 9.1 or the integrity of information exchanged under this Annex are identified in an accountability process as agreed to under subsection 9.5, the party concerned shall take appropriate corrective action to remedy these deficiencies.

10.0 Accuracy of information

Each party will use its best efforts to ensure the completeness and accuracy of the information provided to the other under this Annex. However, it is understood and agreed that they cannot guarantee its accuracy and 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.

11.0 Roles of Federal and New Brunswick Commissioners

11.1 The parties agree that when developing or amending procedures for the exchanging of information, if required, they will prepare and submit Data Match Proposals and Privacy Impact Assessments to the Offices of the Privacy Commissioner (Canada) and New Brunswick’s Department of Justice and Department of Supply and Services in accordance with New Brunswick’s and Canada’s respective policies.

11.2 For the purposes of this Annex, “data matching” is defined as the comparison of two electronic files containing information for the purpose of making administrative decisions about the individuals to whom the information relates.

12.0 General

This Annex can be modified with the written consent of designated officials of each party.

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