Agreement to Amend the Canada-Newfoundland and Labrador Labour Market Development Agreement

Information for reference

This text copy of the bilateral transfer agreement between the Government of Canada and Newfoundland and Labrador is provided for reference and research purposes only. The final signed version of the agreement is the official version between the parties.

On this page

List of acronyms and abbreviations

BPC: Benefit Period Commencement

Canada: The Government of Canada

COPS: Canadian Occupational Projection System

DESD Act: Department of Employment and Social Development Act

EI Act: Employment Insurance Act

FLMM: Forum of Labour Market Ministers

FOIP Act: Freedom of Information and Protection of Privacy Act

IT: Information Technology

LMDA: Labour Market Development Agreement

NES: National Employment Service

Newfoundland and Labrador: The Government of Newfoundland and Labrador

NL: Newfoundland and Labrador

NLMIS: National Labour Market Information System

NOC: National Occupation Classification

PIA: Privacy Impact Assessments

PSSC: Personnel Security Screening Check

P/TPB: Provincial/Territorial Parental Benefits

TRA: Threat and Risk Assessments

TWS: Targeted Wage Subsidy

WDA: Workforce Development Agreement

Between

The Government of Canada (hereinafter referred to as "Canada") as represented by the Minister of Employment and Social Development styled as the Minister of Families, Children and Social Development and the Canada Employment Insurance Commission;

And

The Government of Newfoundland and Labrador, hereinafter referred to as “Newfoundland and Labrador”, represented by the Minister of Advanced Education, Skills and Labour and the Minister for Intergovernmental and Indigenous Affairs.

Hereinafter referred to as “the Parties”.

Preamble

Whereas the Parties concluded the Canada-Newfoundland and Labrador Labour Market Development Agreement (“Canada-Newfoundland and Labrador LMDA”) on September 4, 2008; which was subsequently amended on June 22, 2009 and March 2, 2017;

Whereas in Budget 2017, the Government of Canada announced that it would invest an additional $1.8 billion for fiscal years 2017-2018 to 2022-2023 to the funding provided annually to the provinces and territories under the Labour Market Development Agreements to help Canadians looking for work by providing them with more opportunities to upgrade their skills, gain experience, start their own business, and by providing more support to help them plan their career.

Whereas in order to modernize its labour market transfer agreements Canada also wishes to align various provisions of the Labour Market Development Agreements with the new Workforce Development Agreements;

Whereas Canada and Newfoundland and Labrador have agreed to objectives, principles and areas of focus for investment under the Canada-Newfoundland and Labrador Labour Market Development Agreement and the Canada-Newfoundland and Labrador Workforce Development Agreement in building an integrated, client-centered, outcomes-driven employment and training model in Newfoundland and Labrador;

Whereas Canada and Newfoundland and Labrador recognize the importance of engaging with and providing services through Indigenous partners;

Whereas Canada and Newfoundland and Labrador agree that it is critical to put in place strong performance measurement systems to track outcomes and demonstrate results to inform program and policy development;

Whereas Canada and Newfoundland and Labrador agree on the importance of continuous improvement based on strengthened labour market information, the sharing of best practices, and fostering innovation;

Whereas evaluations show that early interventions are associated with positive impacts on earnings and employment for participants to activities under the LMDAs;

Whereas on June 22, 2017, the Budget Implementation Act, 2017, No.1 amended the Employment Insurance Act (EI Act) to broaden eligibility for the assistance that may be provided under Employment Benefits and Support Measures established under Part II of that Act effective April 1, 2018;

Whereas Newfoundland and Labrador also wishes to broaden eligibility for the assistance that it may provide under its similar Benefits and Measures effective April 1, 2018;

Therefore, the Parties agree to amend the Canada-Newfoundland and Labrador LMDA, as amended from time to time, as follows:

Clauses

  1. The definitions of “EI Client” and “Newfoundland and Labrador Measure", in Article 1.2 are deleted and replaced with the following:

    "EI Client” means an unemployed person whom, when requesting assistance under a Newfoundland and Labrador Benefit or Newfoundland and Labrador Measure:

    1. is an active EI claimant; or,
    2. had a benefit period that ended within the previous 60 months; or
    3. has a benefit period established under a "provincial plan" as that term is defined in section 76.01 of the Employment Insurance Regulations, or has had that benefit period end within the previous 60 months, and who would have been entitled to receive special benefits under sections 22 or 23 of the EI Act had they not been entitled to receive provincial benefits, as this term is defined in section 76.01 of the Employment Insurance Regulations, under the "provincial plan"; or
    4. paid employee’s premiums as defined in section 2 of the EI Act in at least five of the previous 10 calendar years and in respect of these premiums, was not entitled to a refund under subsection 96(4) of the EI Act.

    "Newfoundland and Labrador Measure" means a labour market development program set out in Annex 1, as amended from time to time, that is provided by Newfoundland and Labrador under Article 3 with funding transferred under this Agreement to support:

    1. organizations that provide employment assistance services;
    2. employers, employee or employer associations, community groups and communities in developing and implementing strategies for dealing with labour force adjustments and meeting human resource requirements; or
    3. research and innovative projects to identify better ways of helping persons prepare for, return to or keep employment and be productive participants in the labour force.
  2. The definition of “Indigenous peoples” is added in article 1.2 after the definition of "Fiscal Year": 

    “Indigenous peoples” means the “aboriginal peoples of Canada”, as defined in the Constitution Act, 1982, and, for greater certainty, includes non-status Indians. 

  3. The following heading and articles are added immediately after Article 2.4: 
  4. 2.01 Objectives, principles, and areas of focus

    2.01.1 Canada and Newfoundland and Labrador agree that the objectives of this Agreement are the following:

    1. Foster inclusive labour market participation: Help all individuals access labour market opportunities; and support successful integration of those facing obstacles to finding and maintaining employment;
    2. Align skills with labour market needs: Help workers and employers access the skills they need to adapt to the changing requirements of jobs and the labour market; and encourage employer involvement in training and continuous learning opportunities for workers; and
    3. Create efficient labour markets: Support strong and responsive labour market infrastructure to allow for timely and effective labour market programming which contributes to improved productivity and economic growth.

    2.01.2 Canada and Newfoundland and Labrador accept the principles of this Agreement as set out below:

    1. Client-centred: Flexibility to meet the needs of unemployed, underemployed and precariously employed individuals and employers using the best available labour market information; and minimize barriers in accessing programs and supports;
    2. Inclusion: Support underrepresented groups and those further from labour market;
    3. Outcomes-focused: Track measurable milestones and targets; and develop ways to measure different forms of progress (e.g. improved employability);
    4. Flexibility and Responsiveness: Flexibility to address local labour market priorities and respond to emerging issues;
    5. Innovation: Identify and explore collaborative models for innovation, including continuous sharing of best practices and lessons learned; and
    6. Engagement: Collaboration and partnership between Federal and Provincial/Territorial governments; engagement with and services through Aboriginal peoples; engagement with stakeholders, including underrepresented groups; and coordination to enhance program complementarity.

    2.01.3 Canada and Newfoundland and Labrador agree that to support flexibility, eligible provincial benefits and measures funded under this Agreement will fall within any of the following areas of focus:

    1. Training: Improve levels of literacy, essential and work-related skills; and support upskilling for the employed (including those precariously employed) and underemployed;
    2. Supports: Provide continuum of needs-based services to maximize potential impact of training; and continue to support persons with disabilities to enter and stay in the labour market;
    3. Employment Partnerships: Work in partnership with employers and other stakeholders to promote awareness and expand the availability, accessibility and quality of employment opportunities; and
    4. Building Knowledge: Inform priorities with labour market information to better meet skills needs and market demand; enhance the knowledge base to support continuous improvement of labour market policies and programs; and support new and innovative approaches to meet the diverse needs of clients, including underrepresented groups.
  5. Article 3.2  is replaced with the following:
  6. 3.2. Annual Plan

    3.2.1 For each Fiscal Year during which Newfoundland and Labrador provides its Newfoundland and Labrador Benefits and Measures, Newfoundland and Labrador will provide Canada’s Designated Official on or about February 15, an annual plan which describes:

    1. the labour market issues which Newfoundland and Labrador intends to address during the coming Fiscal Year;
    2. the array of NL Benefits and Measures to be offered to eligible clients during the coming Fiscal Year;
    3. the projected costs under each of the NL Benefits and Measures during the coming Fiscal Year;
    4. a description of the engagement process referred to in Article 3.2.2, including a list of stakeholders engaged, and the main themes coming from engagement.

    3.2.2 In developing each annual plan referred to in Article 3.2.1 Newfoundland and Labrador agrees to engage with stakeholders, including organizations representing both employers and employees and representatives of official language minority communities in Newfoundland and Labrador.

  7. Article 4 is replaced entirely with the following heading and sections:
  8. 4.0 Delegation of authority with respect to certain national employment services functions and cooperation on labour market information

    4.1 Canada hereby authorizes Newfoundland and Labrador to carry out and perform certain functions of the National Employment Service.

    4.1.1 The Parties’ respective roles and responsibilities in relation to the delegated functions of the National Employment Service referred to in article 4.1 are described in Annex 2 of this Agreement entitled "Delegation of authority to Newfoundland and Labrador with respect to certain National Employment Service functions and cooperation on labour market information".

    4.2 Canada and Newfoundland and Labrador agree to the preparation of a joint labour market information strategy in accordance with section 3 of Annex 2.

  9. Article 8 is amended by replacing Article 8.1 with the following article:
  10. 8.1 The Parties agree:

    1. that results measurement and reporting respecting the maximum contribution payable to Newfoundland and Labrador under Article 14 will be consistent with the process described in Annex 4; and
    2. to set annual targets for the results indicators in accordance with Annex 4.
  11. Article 8 is further amended by adding the following Article after Article 8.2:
  12. 8.3 By no later than October 1 following the end of each fiscal year during the period of this Agreement, Newfoundland and Labrador agrees to share with Canada an Annual Report describing the results of the Newfoundland and Labrador (NL) Benefits and Measures achieved in the fiscal year based on the requirements set out in Annex 4 to this Agreement entitled “Performance Measurement Strategy and Targets”.

  13. The following heading and Article are added after 14B:
  14. Targeted six-year increase in contribution to Costs of NL benefits and measures

    14C Notwithstanding anything in Article 14, in each of Fiscal Years 2017-2018 to 2022-2023, Canada agrees to increase the maximum contribution payable to Newfoundland and Labrador under Article 14, based on an allocation methodology that takes into account Newfoundland and Labrador’s share in the national totals of the following two variables, which will be updated on an annual basis:

    1. Number of EI Part I claims with regular benefits paid (50% weight)
    2. Number of unemployed workers (50% weight)

    The maximum contribution payable under Article 14 towards the costs of NL Benefits and Measures is increased by an amount not exceeding the amount determined by the following formula:

    ( (A × 0.5) + (B × 0.5) ) x C

    where:

    A is the number of EI Part I claims with regular benefits paid in Newfoundland and Labrador, divided by the number of EI Part I claims with regular benefits paid in Canada, determined on the basis of data obtained and prepared by Canada for the purpose of the Monitoring and Assessment Report referred to in Article 11, to be released at the beginning of the Fiscal Year for which the amount of the increase is calculated; and,

    B is the average number of unemployed workers in Newfoundland and Labrador, divided by the average number of unemployed workers in Canada calculated on the basis of the Labour Force Survey published by Statistics Canada for each month during the Fiscal Year of the Monitoring and Assessment Report used to determine the value of "A". For each Fiscal Year during the period of the Agreement, Canada will share with Newfoundland and Labrador the source of the data used to calculate the average number of unemployed workers in Canada during the Fiscal Year of the Monitoring and Assessment Report used to determine the value of "A".

    C is the annual national amount of additional funding approved each year by Canada’s Treasury Board for expenditures under Part II of the EI Act to be allocated between the provinces and territories for each of Fiscal Years 2017-2018 to 2022-2023.

  15. Article 14 is further amended by adding the following Article after Article 14.10:
  16. 14.11 Notwithstanding Article 14C and Article 14.7, Newfoundland and Labrador may use up to 10% of the additional amount of Canada’s contribution provided under Article 14C towards administration costs for each of fiscal years 2018-2019 and 2019-2020, if the total contribution to Newfoundland and Labrador towards administration costs under Article 14.7 for the previous fiscal year was less than 30% of the maximum contribution amount towards the costs of NL Benefits and Measures under Article 14 for the previous year.

  17. Article 16 is amended by adding the following after Article 16.3:
  18. 16.4. For Fiscal Year 2017-2018, Canada will make payment of its additional contribution to Newfoundland and Labrador under Article 14C for that Fiscal Year in one lump sum payment.

  19. Article 16 is deleted in entirety and replaced with the following heading and articles:
  20. 16 Payment procedures

    16.1 Beginning April 1, 2018, Canada will make payments of its annual contribution towards the Costs of NL Benefits and Measures and Administration Costs in two installments each Fiscal Year. The first installment will be paid on or about April 1 of each Fiscal Year and the second installment will be paid on or about October 1 of each Fiscal Year.

    16.1.1 The first installment will be an amount equal to fifty percent (50%) of the total amount of Canada’s maximum contribution for the Fiscal Year based on the amount of Canada’s maximum contribution to Newfoundland and Labrador for the Fiscal Year towards the Costs of NL Benefits and Measures and towards Administration Costs.

    16.1.2 The amount of the second installment will be an amount equal to the balance of Canada’s total contribution to Newfoundland and Labrador for the Fiscal Year towards the Costs of NL Benefits and Measures and towards Administration Costs.

    16.2 Canada shall withhold payment of its first installment for the Fiscal Year if Newfoundland and Labrador has failed to provide its Annual Plan for the Fiscal Year provided in accordance with Articles 3.2.1 and 3.2.2 until such time as the Annual Plan is provided.

    16.3 Canada shall withhold payment of its second installment for the Fiscal Year if Newfoundland and Labrador has failed to provide its financial report in relation to the previous Fiscal Year in accordance with Article 18 and the Annual Report in accordance with article 8.3 until such time as the financial report and the Annual Report are provided.

  21. Article 18 Financial accountability is deleted in entirety and replaced with the following heading and articles:
  22. 18 Financial accountability

    18.1. For Fiscal Year 2017-2018, and for each Fiscal Year thereafter during the term of this Agreement, Newfoundland and Labrador will submit to Canada no later than June 30 for the previous fiscal year a financial report containing:

    1. an audited financial statement prepared in accordance with Canadian Generally Accepted Accounting Principles and presented in a form prescribed by Canada setting out the amount of the Costs of NL Benefits and Measures that Newfoundland and Labrador has actually incurred in that Fiscal Year in respect of each of the NL Benefits and Measures; and
    2. a statement certifying that all payments received from Canada in the Fiscal Year on account of Canada's contribution to its Administration Costs were paid in respect of Administration Costs actually incurred in that Fiscal Year.

    18.2 The audit of the financial statement shall be performed by the Auditor General of Newfoundland and Labrador, or his or her designate, or by an independent public accounting firm registered under the laws of Newfoundland and Labrador and shall be conducted in accordance with Canadian Generally Accepted Auditing Standards.

    18.3 Newfoundland and Labrador’s use of Canada’s additional contribution provided under article 14.11 towards administration costs for fiscal years 2018-2019 and 2019-2020 shall be included in the audited financial statement prepared in accordance with article 18. 

  23. Article 21 is deleted in entirety and replaced with the following heading and articles:
  24. 21 Designated officials

    21.1. For the purposes of this Agreement, the Senior Assistant Deputy Minister of Skills and Employment Branch of Canada’s Department of Employment and Social Development is the Designated Official of Canada, and the Assistant Deputy Minister, Workforce Development, Labour and Immigration, Advanced Education, Skills and Labour is the Designated Official for Newfoundland and Labrador.

    21.2. Either party may, from time to time, upon written notice to the other designate a new Designated Official in replacement of an existing Designated Official.

    21.3. In the event that the Designated Officials cannot resolve issues that arise from the agreement, those issues will be referred to the appropriate Deputy Ministers for both Parties for resolution. In the event that the Deputy Ministers are unable to reach a satisfactory resolution to these same issues, they will be referred to the appropriate Ministers for both Parties for resolution.

    21.4. Designated Officials shall be responsible for:

    1. ensuring the implementation and the effective administration and management of this Agreement;
    2. determining the membership and terms of reference for any other joint working groups/committees as may be required to facilitate the effective implementation of this Agreement;
    3. reviewing Newfoundland and Labrador's annual plan and result targets, and its annual report;
    4. approving and signing the Annual Annexes as outlined in Article 17;
    5. approving and signing any amendments to the Annexes to the LMDA pursuant to Article 24.2;
    6. ensuring an integrated approach to labour market programming by maintaining linkages with any joint committees and planning processes established under any other Canada‑Newfoundland and Labrador agreement related to the labour market that has been, or may be, entered into between the Parties;
    7. developing measures referred to in Article 12 for ensuring employment insurance program integrity;
    8. identifying potential improvements to the Agreement, and making or recommending such changes as may be required;
    9. providing each other with advance notice of any legislative or regulatory proposal that could have implications on the other Party, whenever possible;
    10. exchanging information, sharing views and discussing labour market policies and programs as well as broader developments in the labour market, such as emerging labour market challenges facing employers, employees and unemployed individuals across Newfoundland and Labrador;
    11. coordinating joint efforts to create an innovative, integrated and cost-effective system of labour market programs and services in Newfoundland and Labrador, improve the quality and accountability of government services to the public, and, to the extent possible, reduce unnecessary overlap and duplication in their respective Governments' labour market development programs;
    12. resolving issues that may arise from the implementation and management of this Agreement; and
    13. other matters as they may agree upon.
  25. The following heading and articles are added after Article 21: 
  26. 21.01 Workforce Development Committee

    21.01.1 Canada and Newfoundland and Labrador agree to establish and maintain a bilateral Canada- Newfoundland and Labrador Joint Committee to be known as the Workforce Development Committee.

    21.01.2 The Workforce Development Committee will be co-chaired by the Designated Officials of the Parties and will meet at least twice annually, timed to coincide with the planning and reporting cycles, or as agreed to by the co-chairs. The co-chairs can invite representatives from other agencies, departments or ministries to participate in Committee meetings as deemed appropriate.

    21.01.3 The Assistant Deputy Minister of Service Canada’s Atlantic Region will be represented on the Workforce Development Committee.

    21.01.4 The role of the Workforce Development Committee with respect to this Agreement includes but is not limited to:

    1. Administration and management of the Agreement, including providing a forum for the exchange of information on annual planning priorities and reporting;
    2. Exchanging information on regional or local labour market challenges and priorities and the results of engagement with other relevant stakeholders, including representatives of official language minority communities;
    3. Providing a forum to exchange information on best practices and have discussions related to the implementation of the Agreement,
    4. Providing a forum for discussing regional issues and ways to better coordinate the delivery of federal and Newfoundland and Labrador programs;
    5. Sharing information on innovative labour market programs and policies as well as broader developments in the labour market and bilateral issues that may fall outside the parameters of this Agreement.
  27. The following subsection will be added to Article 25 Equality of Treatment:
  28.  25.2 Canada will make publicly available up-to-date Labour Market Development Agreements entered into with all provinces and territories, including any amendments, by posting them on a Government of Canada website.

  29. Annex 1 entitled “Description of Newfoundland and Labrador Benefits and Measures” is amended by replacing the description of “Newfoundland and Labrador Employment Assistance Services" measure in Article 4.0 a) by the following:
    1. Newfoundland and Labrador Employment Assistance Services

      Employment Assistance Services will be used to help clients to obtain employment. Services may include needs determination, employment counseling, job search training and provision of labour market information.

      Newfoundland and Labrador will provide services to meet the needs of specific client groups and local communities through a service delivery network that is further described in Annex 3.

      Employment Assistance Services will be available to job seekers.

  30. Annex 1 is further amended by replacing the description of “Newfoundland and Labrador Labour Market Partnerships" measure in Article 4.0 b) by the following:
    1. Newfoundland and Labrador Labour Market Partnerships
    2. Newfoundland and Labrador will provide funding to support employers, employer or employee associations, community groups and communities in developing and implementing labour market strategies and activities for dealing with labour force adjustments and meeting human resource requirements.

      Labour Market Partnerships may be used to provide assistance for employed persons who are facing loss of employment or needing that assistance to maintain their employment.

  31. Annex 2 entitled “National employment service function and cooperation on labour market information” is replaced in its entirety by a new Annex 2 entitled “Delegation of authority to Newfoundland and Labrador with respect to certain National Employment Service functions and cooperation on labour market information” which is included under Schedule 1 to the amending Agreement.
  32. Annex 3 entitled “Delivery Arrangements for NL Benefits and Measures” is amended by deleting Article 2.9 and replacing it with the following article:
  33. 2.9 Newfoundland and Labrador and Canada agree that service delivery will be maintained in communities listed below or alternative nearby communities until a review of service delivery has been completed. These communities include: Clarenville, Corner Brook, Gander, Grand Falls-Windsor, Happy Valley, Harbour Grace, Labrador City, Marystown, Placentia, Port Aux Basques, Rocky Harbour, Springdale, St. Anthony, St. John's and Stephenville.

  34. Annex 4 entitled “Indicators for measuring results of NL benefits and measures, and annual results targets and reporting” is replaced in its entirety by a new Annex 4 entitled “Performance Measurement Strategy and Targets” which is included under Schedule 2 to this amending Agreement. 
  35. Annex 5 entitled “Canada-Newfoundland and Labrador exchange of information and data sharing arrangements” is replaced in its entirety by a new Annex 5 entitled “Canada-Newfoundland and Labrador Exchange of Information and Data Sharing Arrangements” which is included under Schedule 3 to this amending Agreement.
  36. The Parties agree that no part of this amending Agreement will have an impact on how Canada allocates the current Employment Insurance funding ($1.95 billion per year) when determining the maximum annual amount of contributions paid to Newfoundland and Labrador, in accordance with Article 14 of the Canada-Newfoundland and Labrador LMDA. The Parties acknowledge that the current method set out in Article 14 of the Canada‑Newfoundland and Labrador LMDA for allocating the current $1.95 billion to the provinces and territories is the allocation method described in the letter dated June 26, 1996, from the Deputy Minister of the Department of Human Resources Development to Newfoundland and Labrador's Deputy Minister of Development and Rural Renewal and Deputy Minister of Education.
  37. For the purpose of facilitating early intervention with EI clients, Newfoundland and Labrador agrees to implement and use Canada’s Targeting, Referral and Feedback system no later than March 31, 2020. The federal arrangements required to implement this system are detailed in Annex 5 of the Canada-Newfoundland and Labrador LMDA entitled “Canada-Newfoundland and Labrador Exchange of Information and Data Sharing Arrangements.”
  38. The payment of Canada’s additional contribution for Fiscal Year 2017-2018 referred to in Section 8 of this amending Agreement will be paid to Newfoundland and Labrador as soon as possible after the Parties have signed this amending Agreement.
  39. In all other respects, the Canada-Newfoundland and Labrador LMDA shall remain unchanged.
  40. This amending Agreement shall be read together with the Canada-Newfoundland and Labrador LMDA as amended from time to time and takes effect as if its provisions were part of the Canada-Newfoundland and Labrador LMDA.
  41. Articles 1, 11, 16 and 17 of this amending Agreement will come into force on April 1, 2018.
  42. Newfoundland and Labrador agrees and recognizes that for Fiscal Year 2017-2018, Canada’s contribution will only be paid to Newfoundland and Labrador for costs of NL Benefits and Measures as defined in the Canada-Newfoundland and Labrador LMDA on April 1st 2017. Newfoundland and Labrador further agrees and recognizes that costs of NL Benefits and Measures for an EI client will only be eligible for a contribution under the Canada-Newfoundland and Labrador LMDA starting in fiscal year 2018-2019 and subsequent fiscal years once Articles 1, 11, 16 and 17 of this amending Agreement are in effect on April 1, 2018.
  43. All other Articles of this amending Agreement will come into force once it has been signed by both Parties.


SIGNED on behalf of Canada in Gatineau this 27 day of March, 2018



________________________
The Honourable Jean-Yves Duclos
Minister of Employment and Social Development styled as the Minister of Families, Children and Social Development



________________________
Louise Levonian
Chairperson, Canada Employment Insurance Commission

SIGNED on behalf of Newfoundland and Labrador in St-John’s this 28 day of March 2018



________________________
The Honourable Al Hawkins
Minister of Advanced Education, Skills and Labour



________________________
The Honourable Dwight Ball
Minister for Intergovernmental and Indigenous Affairs

Schedule 1

Annex 2 - Delegation of authority to Newfoundland and Labrador with respect to certain National Employment Service functions and cooperation on labour market information

1.0 Purpose

1.1 The purpose of this Annex is to set out:

  1. the National Employment Service functions delegated to Newfoundland and Labrador by the Canada Employment Insurance Commission;
  2. the Parties respective roles in respect of the delegated functions of the National Employment Service; and
  3. how the Parties will cooperate and collaborate in the gathering, analyzing, production, dissemination and use of labour market information.

2.0 National employment service – Functions delegated to Newfoundland and Labrador

Pursuant to section 60 of the Employment Insurance Act, the Canada Employment Insurance Commission is responsible for maintaining a National Employment Service (NES).  As part of the NES, the Commission operates a national labour exchange service and information technology platform known as Job Bank where employers can prepare and advertise employment opportunities and where job seekers can search for employment.

2.1 Pursuant to Article 4 of the Agreement Newfoundland and Labrador agrees to perform the following functions:

  1. review job postings of job vacancies prepared by employers for publication in Job Bank in accordance with Canada’s requirements and instructions; and
  2. authorize the publication of job postings that meet Canada’s requirements into Job Bank

2.2 In performing these functions, Newfoundland and Labrador shall:

  1. comply with the Canada’s requirements and instructions on identity management, security and privacy, as set out in the Job Posting Monitoring Guide, Guidelines for Internal Job Bank Users;
  2. subject to Newfoundland and Labrador’s agreement, comply with any updates and modifications to the document referenced in 2.2 a);
  3. make best efforts to ensure that sufficient resources are dedicated to the performance of the functions set out in section 2.1 in order to meet Canada’s service standards for processing and response times in relation to job postings in Job Bank as referenced in the Job Posting Monitoring Guide, Guidelines for Internal Job Bank Users;
  4. communicate with employers and employer representatives to resolve any issues in respect of their request to publish a job posting in Job Bank view; and
  5. respond to enquiries and provide service support to employers and employer representatives in accordance with accessibility requirements that Canada may require.

2.3 Canada shall:

  1. provide to Newfoundland and Labrador a copy of its requirements and standards and accessibility requirements related to the functions of the National Employment Service performed by Newfoundland and Labrador under this Agreement;
  2. provide to Newfoundland and Labrador a copy of updates and modifications to Canada’s requirements and standards and accessibility requirements with respect to a);
  3. provide Newfoundland and Labrador with training to support the performance of its functions and responsibilities set out in section 2.1, 2.2, and 2.4; and
  4. maintain and provide Newfoundland and Labrador with electronic access to  Job Bank, as well as future  information technology  applications required for Newfoundland and Labrador to fulfill the functions and responsibilities set out in section 2.1, 2.2, and 2.4.

2.4 Canada and Newfoundland and Labrador will collaborate to ensure there is no discrimination within the meaning of the Canadian Human Rights Act in regards to a job posting.

2.5 Canada and Newfoundland and Labrador agree to participate in an annual discussion on plans and priorities for changes and enhancements to Job Bank, including requirements, standards and accessibility requirements, as well as any associated service delivery impacts.

3.0 Labour market information

3.1 Canada and Newfoundland and Labrador recognize that accessible, timely and reliable labour market information is critical to support economic progress at the local, regional, provincial and national level and implementation of this Agreement. To this end, both Parties agree to the preparation of a joint labour market information strategy to:

  1. clarify their respective roles and responsibilities with respect to the development, dissemination and use of labour market information, especially information that is related to implementation of this Agreement;
  2. encourage partnerships; and
  3. ensure complementarily such that there is no unnecessary overlap and duplication.

3.2 Canada is responsible for the National Labour Market Information System, including the National Labour Market Information (“ LMI”) System with which it will produce and disseminate labour market information and products connected with proper management of the Employment Insurance Account, entitlement to and continuation of EI benefits, and information for Employment Insurance users, as well as those required for the planning and delivery of ESDC activities relating to this Agreement.

3.3 Newfoundland and Labrador will be responsible for producing local, regional and provincial labour market information needed to assume the responsibilities conferred on it in this Agreement, as well as disseminating within Newfoundland and Labrador, labour market information relating to the implementation of this Agreement and participating in and maintaining a link with the National Labour Market Information System.

3.4 Local, regional, provincial and national labour market information may include:

  1. occupational profiles and forecasts;
  2. community profiles;
  3. demographic and labour force profiles and forecasts;
  4. industrial/sectoral profiles and forecasts;
  5. wage and salary data;
  6. conditions of employment;
  7. vacancy and employment opportunities;
  8. reviews of labour market trends;
  9. occupational demand lists;
  10. potential employer lists;
  11. lists of training providers and available courses;
  12. major project updates; and
  13. work search tools.

The list formats in the annexes are not consistent with the rest of this amendment but rather consistent with the corresponding annexes of the base agreement. This is on purpose.

Schedule 2

Annex 4 - Performance Measurement Strategy and Targets

1.0 Purpose

1.1 The purpose of this Annex is to set out the mutual understanding and agreement of the Parties on:

  1. the performance measurement strategy
  2. the target setting process, results reporting and results targets.

2.0 Performance Measurement Strategy

Canada and Newfoundland and Labrador recognize the importance of performance measurement for tracking the progress of clients of labour market programs; and for reporting to the public on results achieved under this Agreement.

Pursuant to article 8.1, the Parties agree to the following Performance Measurement Strategy.

The Performance Measurement Strategy was developed multilaterally by Canada and the provinces and territories through the Forum of Labour Market Ministers (FLMM) Labour Market Transfer Agreements and Performance Measurement Working Group, hereinafter referred to as the “Working Group”. The strategy is informed by a logic model, performance indicators, outputs, outcomes, data elements, definitions and implementation plan.

2.1 Governance

To maintain the Performance Measurement Strategy as evergreen, the Parties agree to continue to work together on performance measurement for this Agreement through the Working Group in order to:

  1. Review and assess the implementation and effectiveness of the Performance Measurement Strategy; and
  2. Identify and propose changes to the Performance Measurement Strategy for approval by Designated officials.

To plan and carry out evaluation activities for the programs funded under this Agreement, the Parties agree to work together through the Joint Evaluation Committee as described in section 8.2 of this Agreement.

2.2 Performance Measurement

Newfoundland and Labrador agrees to collect and compile the performance indicator information set out in this annex. Performance indicator information includes:

  1. Individual level participant information;
  2. Aggregated individual data;
  3. Aggregated employer data; and
  4. Information related to Research and Innovation investments.

2.3 Performance Indicators

Newfoundland and Labrador agrees to collect and compile the data necessary to support performance indicators developed by the Working Group. This data will be combined with federally available data to measure the following outcomes:

  1. Participation of individuals and employers in programs and services;
  2. Progression of individuals along the continuum to labour market participation;
  3. Improved workforce capacity of employers/industries;
  4. Employers/Industries better able to manage labour market challenges;
  5. Employment, increased earnings and positive net impacts for individuals; and
  6. Sustainable employment of individuals.

2.4 Personal information

The nature of the exchange of personal information will be detailed in Annex 5, entitled “Information Sharing Arrangement”, to this Agreement to be amended by March 31, 2018.

2.5 Reporting

  1. Reporting to Canada
    1. Annual Report to Canada
      1. In accordance with article 8.3 of the Agreement, the Annual Report will include, but is not limited to:
      2. Information on stakeholder engagement, including the outcomes of that engagement;
      3. Description of activities undertaken in the fiscal year, including outcomes;
      4. Aggregate information about individuals;
      5. Aggregate information about employers and their participation; and
      6. Descriptive information about investments in innovative approaches.
    2. Quarterly reporting to Canada
      1. On a quarterly basis, Newfoundland and Labrador will report to Canada on all performance indicators through data uploads as described in Annex 5 to this Agreement. This includes individual participants’ social insurance numbers.
  2. Annual public reporting
    1. Annually Canada will work collaboratively with Newfoundland and Labrador to produce a national report on the Labour Market Development Agreements. Canada will share a preliminary annual national report with Newfoundland and Labrador for review and input prior to the publication of the final report.
  3. Reporting to Parliament
    1. Canada will report annually to Parliament on the results of the Labour Market Development Agreements through the Employment Insurance Monitoring and Assessment Report.

2.6 Implementation

Where circumstances prevent full implementation by April 1, 2019, Newfoundland and Labrador will substantially implement the performance measurement strategy by April 1, 2019.

Newfoundland and Labrador will develop and share with Canada a work plan to achieve full implementation of the performance measurement strategy by April 1, 2020.

Transitional collection and reporting arrangements will be detailed in the work plan.

2.7 Data sharing

Canada and Newfoundland and Labrador recognize the importance of two-way data sharing to support effective analysis of performance for labour market programs and services. Canada will:

3.0 Targets and target-setting

3.1 Canada and Newfoundland and Labrador agree that the annual targets for the three results indicators will be mutually agreed to and be based upon historical data, socio-economic and labour market context, local or regional priorities, the characteristics or requirements of clients, and the funds available for the NL Benefits and Measures. Canada and Newfoundland and Labrador agree that the results targets for the first Fiscal Year of implementation of the NL Benefits and Measures will be soft targets.

3.1.1 Canada and Newfoundland and Labrador agree that the following indicators are to be used in measuring the results of the NL Benefits and Measures:

  1. the number of Active EI Claimants who have accessed NL Benefits and Measures;
  2. the number of EI Clients returned to employment; and
  3. savings to the Employment Insurance Account.

3.2 The results targets for each Fiscal Year will be set out in the Annual Annex for that Fiscal Year.

Schedule 3

Annex 4 - Canada-Newfoundland and Labrador Exchange of Information and Data Sharing Arrangements

1.0 Purpose

1.1 The purpose of this Annex to the Canada-Newfoundland and Labrador Labour Market Development Agreement (this Agreement) is to provide for the exchange of information, including personal information, as defined in section 3 of Canada’s Privacy Act and section 2 of Newfoundland and Labrador’s Access to Information and Protection of Privacy Act, 2015 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 Authorities

Canada’s Authorities:

2.1 With respect to the information to be provided by Canada to Newfoundland and Labrador under section 3 of this Annex, Canada confirms that it is authorized under subsection 34(1) of the DESD Act to provide such personal information to Newfoundland and Labrador for the purposes set out in section 3. In this regard:

  1. the personal information set out in section 3 consists of information obtained by the Canada Employment Insurance Commission or the Department of Employment and Social Development from persons under the Employment Insurance Act (EI Act), and of information prepared from such information;
  2. subsection 34(1) of the DESD Act authorizes the disclosure of the aforementioned personal information to any person or body for the administration or enforcement of the program for which it was obtained or prepared; and
  3. the personal information described in section 3 of this Annex will be disclosed to Newfoundland and Labrador only for the purposes described herein.

2.2 With respect to the information to be collected by Canada from Newfoundland and Labrador under section 4 of this Annex, Canada confirms that it is authorized under the EI Act to collect such personal information from Newfoundland and Labrador for the purposes set out in section 4.

Newfoundland and Labrador’s Authorities:

2.3 With respect to the personal information to be provided by Newfoundland and Labrador to Canada under section 4 of this Annex, Newfoundland and Labrador confirms that it is authorized under paragraph 68(1)(d) of the Access to Information and Protection of Privacy Act, 2015 to provide such information to Canada for the purposes set out in section 4.

2.4 With respect to the information to be collected by Newfoundland and Labrador from Canada under section 3 of this Annex, Newfoundland and Labrador confirms that it is authorized under sections 61 (c) and 66 (1) (a) Access to Information and Protection of Privacy Act, 2015 to collect and use such personal information from Canada for the purposes set out in section 3.

3.0 Information to be provided by Canada to Newfoundland and Labrador

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

  1. assisting Newfoundland and Labrador 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 Newfoundland and Labrador’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 Part II eligibility status, with explanatory messages
    • Provincial/Territorial Parental Benefits (P/TPB), if applicable, with explanatory messages;
    • identification if participating in an intervention, with explanatory messages; and
  2. in respect of an individual, who has been determined to be an active EI claimant who is eligible for, or entitled to, assistance under Newfoundland and Labrador’s programs, assisting Newfoundland and Labrador in determining the nature and level of financial assistance to be provided to the EI client under Newfoundland and Labrador’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 participating in an intervention, with explanatory messages

    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 Newfoundland and Labrador an update on all or any of the above information, for use by Newfoundland and Labrador in reviewing, as needed, the purpose and amount of the financial assistance provided to the EI recipient by Newfoundland and Labrador.

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

3.3 Canada will provide to Newfoundland and Labrador on a quarterly 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 Newfoundland and Labrador under Newfoundland and Labrador’s programs, for use by Newfoundland and Labrador for: the review, analysis and verification of the data calculated/held by Canada; planning, delivery, and administration of Newfoundland and Labrador programs; and for monitoring, assessing, evaluating and reporting about the effectiveness of the assistance provided. This information will be provided in a mutually agreed upon format.

3.3.1 Based on the quarterly data files on EI clients and non-insured participants who are participating in Newfoundland and Labrador’s programs funded with EI Part II monies, as provided by Newfoundland and Labrador in section 4.3, the following personal information will be provided to Newfoundland and Labrador by Canada in a return file:

3.4 Upon request, and based on the quarterly data files on EI clients and non-insured participants who are participating in Newfoundland and Labrador programs funded with EI Part II monies, as provided by Newfoundland and Labrador in section 4.3, the following personal information will be provided to Newfoundland and Labrador for: the review and verification of Canada’s reporting of results; planning, delivery and administration of Newfoundland and Labrador programs; and for monitoring, assessing, evaluating and reporting about the effectiveness of the assistance provided. The personal information will be provided in two different data sets (by client and intervention):

3.5 Canada will provide to Newfoundland and Labrador, when requested by Newfoundland and Labrador and based on the selection criteria identified by Newfoundland and Labrador, 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 Newfoundland and Labrador in contacting EI applicants who may be interested in receiving assistance under Newfoundland and Labrador programs funded under this Agreement, in order to facilitate their return to work:

3.6 On a quarterly basis, Canada will provide to Newfoundland and Labrador the following personal information under its control, on all EI clients residing in Newfoundland and Labrador who are active EI claimants and who are in receipt of regular or fishing benefits, to assist Newfoundland and Labrador in the strategic planning of the delivery of its programs:

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

3.7 Newfoundland and Labrador 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 Newfoundland and Labrador 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 Newfoundland and Labrador 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 Newfoundland and Labrador under Newfoundland and Labrador’s programs funded under this Agreement, Canada will provide to Newfoundland and Labrador 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:

3.9 Canada may also, on its own initiative, provide to Newfoundland and Labrador 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 Newfoundland and Labrador, when requested by Newfoundland and Labrador, 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 Newfoundland and Labrador program, to assist Newfoundland and Labrador in communicating with the client and/or in determining whether any revisions to Newfoundland and Labrador’s financial assistance are required:

4.0 Information to be provided by Newfoundland and Labrador to Canada

4.1 Newfoundland and Labrador 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 Newfoundland and Labrador’s benefits and measures, for the purposes of establishing and verifying if the individual qualifies as an EI client:

4.2 Newfoundland and Labrador 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 Newfoundland and Labrador programs for the following purposes:

  1. to ensure that individuals who are active EI claimants continue to receive the insurance benefits to which they are entitled while participating in a Newfoundland and Labrador program (for purposes of section 25 of the EI Act):
    • name
    • social insurance number
    • provincial 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)
  2. 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
  3. to allow Canada to determine the eligibility for, or entitlement to, insurance benefits of an individual who is authorized by Newfoundland and Labrador to quit their job in order to participate in a Newfoundland and Labrador 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 Newfoundland and Labrador program, and rationale for any gap of more than two weeks
    • name and signature of designated authority, with date

4.3 Where available, Newfoundland and Labrador will provide to Canada the following personal information under its control:

  1. about each insured participant who is participating in Newfoundland and Labrador programs, and
  2. for each non-insured participant who is participating in Newfoundland and Labrador 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 Newfoundland and Labrador under Newfoundland and Labrador’s programs, which Canada is required to do under Article 11 of this Agreement:

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 Newfoundland and Labrador programs funded under this Agreement, Newfoundland and Labrador 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:

4.5 Newfoundland and Labrador 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 Newfoundland and Labrador’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, Newfoundland and Labrador 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 Newfoundland and Labrador 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 Newfoundland and Labrador in communicating with the client and/or in determining whether any revisions to Newfoundland and Labrador’s financial assistance are required:

4.7 Newfoundland and Labrador will provide to Canada the following personal information under its control on the results of Newfoundland and Labrador’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):

5.0 Security requirements for user identity and access management

5.1 In the context of allowing a Newfoundland and Labrador employee to access Canada’s systems and personal information held by Canada, Newfoundland and Labrador 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, Newfoundland and Labrador 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 Newfoundland and Labrador will conduct PSSC of their employees and contractor’s employees based on standards similar or equivalent to those of the Government of Canada. Newfoundland and Labrador PSSC will include a nation-wide criminal records check. Once Newfoundland and Labrador has completed the PSSC for its own or a contractor’s employees, Newfoundland and Labrador will retain a copy of the PSSC and the individual’s signed written consent to initiate the PSSC.

5.5 Newfoundland and Labrador 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. Newfoundland and Labrador will retain, and upon request will provide to Canada, the following personal and non-personal information under its control for each Newfoundland and Labrador employee who requires access to Canada’s systems and information, and who has completed the PSSC:

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. Newfoundland and Labrador will conduct a new Personnel Security Screening Check for their Authorized Users at least every 10 years (or more frequently, if required under Newfoundland and Labrador’s policy), in order to update the Personnel Security Screening Level of their Authorized Users. ESDC may suspend system access for Authorized Users whose Personnel Security Screening Level expires, until such time as their Personnel Security Screening Level is renewed.

5.7 Newfoundland and Labrador will promptly inform Canada when a Newfoundland and Labrador employee ceases to need access to any one 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 or incident involving personal information that was accessed or collected from the other party, the party responsible for the privacy breach or incident will promptly notify the other party and follow the process described in  Appendix A.

7.0 Mode of information exchange

7.1 Canada and Newfoundland and Labrador 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 Newfoundland and Labrador 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 Newfoundland and Labrador may request improvements to Canada’s applications used by Newfoundland and Labrador. 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 Newfoundland and Labrador, 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 Newfoundland and Labrador 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 Newfoundland and Labrador 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 Newfoundland and Labrador shall not, in respect of any personal information they obtain from each other under this Annex:

  1. use that information for a purpose other than that for which it was respectively provided to them; and
  2. 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 Newfoundland and Labrador may use personal information they obtain from each other under this Annex for a purpose other than that for which it was obtained:

  1. with the written consent of the individual to whom that information relates;
  2. if permitted pursuant to the legislation applicable to the party that received that information and with the written consent of the party that provided that information; or
  3. if required by legislation.

8.4 Canada and Newfoundland and Labrador may disclose personal information they obtain from each other under this Annex to any person or body for any purpose:

  1. with the consent of the individual to whom that information relates;
  2. in a form that cannot reasonably be expected to identify the individual to whom that information relates; or
  3. 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 the Office of the Chief Information Officer, responsible for the provision of information technology (IT) infrastructure services to Newfoundland and Labrador that may include e-mail, data center (servers) and network services.

8.6 Newfoundland and Labrador acknowledges that it is an offence under the section 42 of 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 that Act. This provision applies to employees of Newfoundland and Labrador as well as of ESDC and third parties 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 Newfoundland and Labrador under this Annex, Canada agrees to consult, when required, with Newfoundland and Labrador prior to any disclosure of such information. In the event of a request under Newfoundland and Labrador’s Access to Information and Protection of Privacy Act, 2015 for information obtained from Canada under this Annex, Newfoundland and Labrador 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:

  1. 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,
  2. in the case of Newfoundland and Labrador, the Access to Information and Protection of Privacy Act, 2015 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 have been or are 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 paragraph 21.4 (l) of this Agreement.

10.4 The Parties will periodically audit their respective information management practices and procedures in the context of this Annex, to ensure:

  1. compliance with the requirements of section 10.1; and
  2. 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 Newfoundland and Labrador’s Access to Information and Protection of Privacy Act, 2015 personal information (as defined therein) in Newfoundland and Labrador’s custody or under Newfoundland and Labrador’s control may only be stored or accessed in Canada.

12.2 Canada and Newfoundland and Labrador will cooperate to ensure that the provisions of Newfoundland and Labrador’s Access to Information and Protection of Privacy Act, 2015 are respected.

13.0 General

13.1 This Annex can be modified with the written consent of both Parties.

Appendix A

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:

  1. 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;
  2. promptly investigate the cause of the privacy breach;
  3. notify the other party;
  4. notify the appropriate authorities if criminal activity is suspected;
  5. notify the affected individual(s) whose personal information was inappropriately disclosed;
  6. 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;
  7. 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;
  8. take reasonable steps requested by the other party to address the current situation or prevent a reoccurrence; and,
  9. 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:

  1. review the steps proposed by the other party to address the current situation or prevent a recurrence of the non-compliance;
  2. 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 Newfoundland and Labrador

Access to Information and Protection of Privacy Coordinator
Department of Advanced Education, Skills and Labour
P.O. Box 8700
St. John’s, NL
A1B 4J6
SharonMSeaward@gov.nl.ca

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