Labour Market Development Amending Agreement No. 3

Annex 6 (Information and Data Sharing Arrangements) of the Canada – New Brunswick Labour Market Development Agreement, provides for the exchange of information between Human Resources and Skills Development Canada (HRSDC) and the Department of Training and Employment Development (TED) for the effective implementation of the agreement, and was amended in 2003.

In Section 9.5 of the amended agreement, TED and HRSDC agreed to jointly develop and accountability process for communicating assurances to each other that the terms and conditions of Annex 6 are being monitored and respected.

TED and HRSDC are committed to an audit tailored to provide assurance that the following conditions and standards are applied and complied with. For this reason the attached appendix is considered a further amendment and section 9.5 of the amended 2003 Annex 6 is replaced by the information in the attached appendix.

Appendix to Annex 6, Section 9.5

Each party (TED and HRSDC) will conduct an audit of the information they have received pursuant to the Canada – New Brunswick Labour Market Development Agreement. The scope of such audits will cover the overall management, protection, use, disclosure, retention and disposal of personal information. For the purpose of each respective party’s audit, personal information is defined as information that is related to an identifiable individual.

The audits will be conducted in accordance with the Institute of Internal Auditors’ International Standards for the Professional Practice of Internal Auditing and meet the following standards.

STANDARD 1:
The responsibility and accountability for the protection and proper use of personal information are interpreted in the management framework of the organization.
STANDARD 2:
Both parties’ policies and procedures stipulate authorized access and legitimate use of personal information, meet the terms of the Canada-New Brunswick Labour Market Development Agreement and are complied with.
STANDARD 3:
Both parties’ policies and procedures on the transfer of personal information to other organizations, departments or levels of government are in place, meet the terms of the Canada-New Brunswick Labour Market Development Agreement and are complied with.
STANDARD 4:
Both parties’ policies and procedures on the disclosure of personal information to individuals protect the confidentiality of the information and are complied with.
STANDARD 5:
Both parties’ policies and procedures for the timely retention and safe disposal of personal information are in place and are complied with.
STANDARD 6:
Both parties’ have sufficient internal controls over the input, revision and storage of personal information to ensure that information transferred is correct and up-to-date.

An audit meeting the above-mentioned standards will be conducted at an interval not greater than every 5 years effective on the date of signature. When each party has completed its respective audit, should the finding reveal that information exchanged under Annex 6 has been inappropriately disclosed or used, the parties agree to notify each other of such disclosures or uses and provide the other party with full details, in accordance with Article 9.3. Moreover, the parties agree to take “all reasonable steps to prevent of recurrence of the event” as outlined in Article 9.4.

SIGNED ON BEHALD OF NEW BRUNWICK this 15 day of August, 2005:

_______________________________
Rachel Bard
Deputy Minister
Training and Employment Development

SIGNED ON BEHALD OF CANADA this 31 day of August, 2005:

_______________________________
Louise Branch
Regional Executive Head
Human Resources and Skills Development
Canada, New Brunswick Region

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