Canada - Nova Scotia Labour Market Development Agreement

Recitals

This Agreement made this 13th day of June, 2008.

Between

The Government of Canada (herein referred to as "Canada"), as represented by the Minister of Human Resources and Skills Development, styled Minister of Human Resources and Social Development, and the Canada Employment Insurance Commission

And

The Government of Nova Scotia (herein referred to as "Nova Scotia"), as represented by the Minister of Labour and Workforce Development.

Recitals

Whereas Canada and Nova Scotia agree on the importance of the development of a skilled workforce and to the rapid re-employment of unemployed Nova Scotians;

Whereas Canada and Nova Scotia support the vision of a provincial labour market development system, based on predictable funding to support Nova Scotia’s economic growth, the creation of employment opportunities and reduction in the “productivity gap” through responsive and appropriate labour market services that build on the skills, abilities and potential of Nova Scotians;

Whereas Canada and Nova Scotia support the creation of a cohesive, made in Nova Scotia system of services focused on addressing labour market challenges facing employers and employees across Nova Scotia;

Whereas Canada and Nova Scotia agree that they should to the extent possible, reduce unnecessary overlap and duplication in their labour market development programs;

Whereas Canada, acting through the Canada Employment Insurance Commission, and with approval of Canada’s Minister of Human Resources and Social Development, is authorized under section 63 of the Employment Insurance (EI) Act to enter into an agreement with Nova Scotia to provide for payment of contributions towards:

  • (a) the costs of benefits and measures provided by Nova Scotia that are similar to employment benefits and support measures under Part II of that Act and consistent with the purpose and guidelines of Part II of that Act; and
  • (b) the administration costs that Nova Scotia incurs in providing those benefits and measures;

Whereas Nova Scotia will establish benefits and measures described in Annex 1 to this Agreement and Canada has determined that these benefits and measures meet the requirements of similarity to the employment benefits and support measures under  Part II of the EI Act and are consistent with the purpose and guidelines of that Act;

Whereas with respect to the other areas of cooperation between Canada and Nova Scotia covered by this Agreement, Canada, acting through its Minister of Human Resources and Social Development, is authorized to enter into this Agreement under section 10 of the Department of Human Resources and Skills Development Act; and

And Whereas Nova Scotia’s Minister of Labour and Workforce Development is authorized to enter into this Agreement on behalf of the Government of Nova Scotia;

Now, therefore, the parties hereto agree as follows:

1.0 Interpretation

1.1 The terms "employment benefit" and "support measure" are used in the EI Act in reference to specific types of employment programs established by the Commission under sections 59 and 60(4), respectively, of the EI Act. The terms "benefit" and "measure" are used in section 63 of the EI Act in reference to employment programs established by other governments and organizations in Canada, towards the cost of which the Commission is authorized to make financial contributions, provided those programs are similar to the Commission’s employment benefits and support measures and are consistent with the purpose and guidelines of Part II of the EI Act.

1.2 In this Agreement, unless the context requires otherwise,

"Active EI Claimant" means an individual for whom an employment insurance benefit period is established under the EI Act;

"Administration Costs" means the costs of administration incurred by Nova Scotia in providing the NS Benefits and Measures;

"Annual Annex" means the Annex referred to in Article 17; "Commission" means the Canada Employment Insurance Commission;

"Costs of NS Benefits and Measures" means the following costs of financial assistance or other payments provided by Nova Scotia under its NS Benefits and Measures to persons and organizations that are eligible for assistance under those benefits and measures:

  • (a) under the Nova Scotia Benefits,
    • (i) the costs of financial assistance provided under the benefits by Nova Scotia directly to EI Clients; and
    • (ii) the costs of financial assistance or other payments provided by Nova Scotia under the benefits to persons or organizations as reimbursement for costs incurred by them, or as payment for services rendered by them, in relation to the provision of assistance to EI Clients; and
  • (b) under the Nova Scotia Measures, the costs of financial assistance or other payments provided by Nova Scotia under its measures to persons and organizations that are eligible for assistance under those measures;

"Designated Officials" means those officials designated by the parties under Article 21;

"EI Act" means the Employment Insurance Act, S.C. 1996, c. 23;

"EI Client" means an unemployed person who, when requesting assistance under a Nova Scotia Benefit or Nova Scotia Measure:

  • (a) is an Active EI Claimant; or
  • (b) had a benefit period that ended within the previous 36 months; or
  • (c) had a benefit period established for him or her within the previous 60 months; and
    • (i) was paid parental or maternity benefits under the EI Act,
    • (ii) subsequently withdrew from the labour force to care for one or more of their newborn children or one or more children placed with them for the purpose of adoption, and
    • (iii) is seeking to re-enter the labour force; or
  • (d) received “provincial benefits” under a “provincial plan”, as those terms are defined in section 76.01 of the Employment Insurance Regulations, within the previous 60 months, and
    • (i) if not for the provincial benefits paid under the provincial plan, would have been entitled to receive benefits under sections 22 or 23 of the EI Act, and would have had a benefit period established for that purpose within the 60 months period,
    • (ii) subsequently withdrew from active participation in the labour force to care for one or more of their newborn children or one or more children placed with them for the purpose of adoption, and
    • (iii) is seeking to re-enter the labour market;

"Fiscal Year" means the period commencing on April 1 in one calendar year and ending on March 31 in the next calendar year;

“Joint LMDA Committee” means the committee established under Article 22;

“Minister of Human Resources and Social Development” is the style used to refer to Canada’s Minister of Human Resources and Skills Development and every reference in this Agreement to the Minister of Human Resources and Social Development shall be deemed to be a reference to the Minister of Human Resources and Skills Development;

“National Employment Service” means the national employment service maintained by the Commission under subsections 60(1) and (2) of the EI Act to provide information on employment opportunities across Canada to help workers find suitable employment and help employers find suitable workers;

“NES clients” means persons and organizations to whom the National Employment Service provides its services, namely: workers, whether insured or not or whether they are claiming employment insurance benefits or not; employers; workers’ organizations; and interested public and private organizations providing employment assistance services to workers;

“NS Benefits and Measures” means Nova Scotia Benefits and Nova Scotia Measures;

"Nova Scotia Benefit" means a labour market development program set out in Annex 1, as amended from time to time, that is provided by Nova Scotia under Article 3 with funding transferred under this Agreement and that is designed to enable EI Clients to obtain employment;

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

  • (a) organizations that provide employment assistance services to unemployed persons;
  • (b) 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
  • (c) research and innovation projects to identify better ways of helping persons prepare for, return to or keep employment, and be productive participants in the labour force;

"Service Canada” refers to a government service delivery initiative launched by the Government of Canada under the responsibility of the Minister of Human Resources and Social Development;

“Transition Committee” means the committee established under Article 7; and

“Transition Period” means the period between the date of the signing of this Agreement and the date referred to in Article 3.1 of this Agreement on which Nova Scotia begins implementation of its NS Benefits and Measures.

2.0 Purpose and scope

2.1 The purpose of this Agreement is to:

  • (a) implement, within the scope of Part II of the EI Act, new Canada-Nova Scotia arrangements in the area of labour market development that will enable Nova Scotia to assume an expanded role in the design and delivery of labour market development programs and services in Nova Scotia, to benefit clients;
  • (b) provide for cooperative arrangements between Canada and Nova Scotia to reduce overlap and duplication in, and to harmonize and coordinate the delivery of, their respective employment programs and services; and
  • (c) provide for the transfer of affected federal employees to Nova Scotia.

2.2 Canada will retain responsibility for the delivery of insurance benefits under Part I of the EI Act and for the aspects of labour market development reflective of national interests, such as responding to national emergencies, activities in support of inter-provincial labour mobility, the promotion and support of national sectoral councils, the operation of national labour market information and national labour exchange systems, other labour market programming and the provision of support for labour market research and innovative projects designed to test new approaches to improving the functioning of the labour market in Canada.

2.3 To promote cooperation in the conduct of their respective activities and initiatives in support of labour market research and innovative projects, Canada and Nova Scotia will keep each other informed of their planned activities and initiatives in this area.

2.4 This Agreement shall replace the Canada-Nova Scotia Labour Market Development Agreement dated April 23, 1997 (the “Strategic Partnership Agreement”) effective the date, as determined under Article 3.1 of this Agreement, on which Nova Scotia begins providing its NS Benefits and Measures. As of that date, the Strategic Partnership Agreement is revoked.

3.0 NS benefits and measures

3.1 As of July 1, 2009, or at such later time as may be agreed to jointly by the Designated Officials, Nova Scotia will provide the NS Benefits and Measures described in Annex 1.

3.2 For each fiscal year during which Nova Scotia provides its NS Benefits and Measures, Nova Scotia will provide Canada’s Designated Official with a plan which sets out:

  • (a) the labour market issues which Nova Scotia intends to address during the coming Fiscal Year;
  • (b) the array of NS Benefits and Measures to be offered during the coming Fiscal Year; and
  • (c) the projected expenditures under each of the NS Benefits and Measures for the coming Fiscal Year.

In the case of the plan for Fiscal Year 2009/10, it will be submitted no later than three months prior to July 1, 2009 or such later date on which Nova Scotia begins providing its NS Benefits and Measures as may be agreed to under Article 3.1. For each subsequent Fiscal Year, the plan will be submitted no later than three months prior to the beginning of the Fiscal Year to which it relates.

3.3 Subject to Article 3.4 and to adherence to the requirement of similarity and consistency with the purpose and guidelines of Part II of the EI Act, Nova Scotia may make ongoing modifications to the design of its NS Benefits and Measures to ensure responsiveness to client need, labour market conditions, and evaluation findings. Any modifications to the design of a Nova Scotia Benefit or Nova Scotia Measure shall be set out in an amendment to Annex 1.

3.4 Where any question arises as to whether a proposed modification to a Nova Scotia Benefit or Nova Scotia Measure affects its consistency with the guidelines and purpose of Part II of the EI Act, or its similarity to the employment benefits and support measures established under Part II of the EI Act, it will be referred to the Designated Officials for a determination.

3.5 Nova Scotia will not require any minimum period of residency in Nova Scotia on the part of an individual as a condition of access by that individual to assistance under a Nova Scotia Benefit or Nova Scotia Measure supported by Canada under this Agreement.

3.6 To facilitate the co-ordination of the provision of assistance to Active EI claimants by Nova Scotia under NS Benefits and Measures with the payment by Canada of insurance benefits to those claimants by virtue of section 25 of Part I of the EI Act, the Commission pursuant to subsection 28(3) of Canada’s Department of Human Resources and Skills Development Act, hereby authorizes Nova Scotia's Minister of Labour and Workforce Development to exercise the Commission's power to designate authorities in Nova Scotia who may, for the purposes of section 25 of Canada’s EI Act, refer active EI claimants to:

  • (a) courses or programs of instruction or training which the claimant is attending at his or her own expense, or under Nova Scotia Benefits; or
  • (b) any other employment activity for which assistance has been provided for the claimant under a Nova Scotia Benefit which is similar to the Commission's Job Creation Partnerships Benefit or Self-Employment Benefit.

3.7 Nova Scotia will give thirty days’ advance notice to Canada of its intention to designate a referral authority for the purposes of section 25 of the EI Act in order that Canada may make the necessary administrative arrangements with the referral authority to ensure timely and proper payment of insurance benefits to the referred Active EI Claimants under section 25 of the EI Act.

3.8 Authorities designated by Nova Scotia may include staff of its Department of Labour and Workforce Development, other Nova Scotia government departments or agencies, corporations of the Government of Nova Scotia, as well as third parties in Nova Scotia.

4.0 Delegation of authority to Nova Scotia with respect to the National Employment Service function and Cooperation on Labour Market Information

4.1 Canada hereby authorizes Nova Scotia to carry out and perform the function of the National Employment Service described in section 2 of Annex 2 entitled "National Employment Service Function and Cooperation on Labour Market Information".

4.2 Canada and Nova Scotia will cooperate in accordance with section 3 of Annex 2 in establishing formal links between the parties to facilitate and coordinate the operation of local, provincial and national labour exchange systems and the production and dissemination of local, provincial and national labour market information.

5.0 Service to clients

5.1 The parties agree that in the administration of NS Benefits and Measures and in carrying out the function of the National Employment Service, Nova Scotia will be guided, subject to its service delivery model, by the following principles on service to clients:

  • (a) citizen-centered services which facilitate ease of access for a broad range of client groups;
  • (b) respectful and individual service;
  • (c) provide an array of integrated labour market services which are flexible, innovative and responsive to the changing labour market; and
  • (d) measurable results within a well-defined framework of accountability.

5.2 Nova Scotia agrees to:

  • (a) provide access to assistance under its NS Benefits and Measures; and
  • (b) carry out the function of the National Employment Service delegated to it under Article 4, in either of Canada’s official languages where there is a significant demand for the provision of the assistance, or the performance of the function, in that language.

5.3 In determining the circumstances where there would be considered to be a "significant demand" for the provision of assistance or performance of the function referred to in Article 5.2 in either official language, Nova Scotia agrees to use as a guideline the criteria for determining what constitutes "significant demand" for communications with, and services from, an office of a federal institution as set out in the Official Languages (Communications with and Services to the Public) Regulations made pursuant to Canada's Official Languages Act.

5.4 Nova Scotia agrees to consult with representatives of the official language minority communities in Nova Scotia on the provision of its NS Benefits and Measures under this Agreement.

5.5 Canada and Nova Scotia will establish mechanisms for dealing with representations or enquiries made by Members of Parliament or Members of the House of Assembly of Nova Scotia on behalf of constituents who have sought their assistance in resolving a problem or obtaining information in relation to obtaining assistance under the NS Benefits and Measures, to ensure that the reply to the representations or enquiries is directed to the appropriate party and that the confidentiality and privacy requirements of the respective parties’ privacy legislation or policies are respected.

6.0 Delivery arrangements

6.1 Nova Scotia will create and deliver a full range of locally-responsive, accessible, cost-effective, integrated and citizen-centered labour market programs and services to meet the needs of Nova Scotians.

6.2 Nova Scotia will carry out a site-by-site review of the existing Government of Canada service delivery points as soon as possible after signing this agreement in order to confirm the service delivery arrangements described in Annex 3.

6.3 Canada and Nova Scotia agree to work together to coordinate the delivery of their respective labour market programs and services with the aim of providing an integrated approach that will improve service delivery for Nova Scotians.

7.0 Transitional arrangements

7.1 Immediately upon signing of this Agreement, the parties will form a Transition Committee. The Transition Committee will remain in place for the Transition Period.

7.2 The Transition Committee will meet as required and be composed of an equal number of representatives of Canada and Nova Scotia and include representatives for Canada from the Department of Human Resources and Social Development and Service Canada and for Nova Scotia from the Department of Labour and Workforce Development. The Transition Committee will be co-chaired by the Regional Executive Head for Service Canada, Nova Scotia Region, or his or her designate, or by such other representative of Canada as may be designated to serve as the Canada co-chair by the Minister of Human Resources and Social Development, and the Assistant Deputy Minister, Department of Labour and Workforce Development, or his or her designate. Other members may be appointed by each co-chair, as appropriate.

7.3 The Transition Committee will undertake activities to ensure a smooth transition from Canada's delivery of its employment benefits and support measures to the delivery of the NS Benefits and Measures by Nova Scotia. The Transition Committee will:

  • (a) be a forum for keeping Nova Scotia regularly informed about Canada’s plans for entering into financial commitments referred to in Article 7.4 during the Transition Period, for discussing those plans and for Canada to consider the interests and views of Nova Scotia regarding those plans;
  • (b) establish an implementation plan including details regarding the transfer of financial, human and material resources; and
  • (c) ensure that financial management and reporting systems and processes are in place to ensure that funding commitments made by Canada during the Transition Period do not create funding pressures for Nova Scotia once Nova Scotia begins providing its NS Benefits and Measures.

7.4 Canada and Nova Scotia are committed to maintaining continuity of service to individuals and organizations. In support of this commitment, both parties agree, from the date of the signing of this Agreement and up to and including June 30, 2009, that Canada may extend or renew financial assistance agreements under its employment benefits and support measures that terminate during this period, or enter into new agreements, for a period not to exceed two (2) years.

7.5 Nova Scotia agrees to honour all financial assistance agreements referred to in Article 7.4 that Canada has signed with recipients which terminate after the date on which Nova Scotia begins providing its NS benefits and Measures, as determined under Article 3.1, by accepting an assignment of those agreements from Canada. Canada and Nova Scotia agree to enter into an assignment agreement under which Nova Scotia will assume all of Canada’s rights and outstanding obligations under those agreements.

7.6 It is understood and agreed that Canada shall not provide any additional funding to Nova Scotia to discharge any financial obligations accruing to recipients after the date on which Nova Scotia begins providing its NS Benefits and Measures, as determined under Article 3.1, under financial assistance agreements assigned to Nova Scotia. Nova Scotia shall utilize the funding provided by Canada referred to in Article 14.2 to discharge the financial commitments to recipients under such agreements.

7.7 The parties acknowledge that other arrangements to ensure continuity of client service during the transfer of responsibilities under this Agreement may be necessary and that other agreements to address transitional issues may be necessary.

8.0 Indicators for measuring results of NS benefits and measures, annual results targets and reporting

8.1 Canada and Nova Scotia agree to:

  • (a) use the results indicators set out in Annex 4, entitled "Indicators for Measuring Results of NS Benefits and Measures, Annual Results Targets and Reporting", for measuring the results of the NS Benefits and Measures;
  • (b) set annual results targets for the results indicators in accordance with Annex 4; and
  • (c) track and report on the annual results in accordance with Annex 4.

9.0 Year 2 review and evaluations

Year 2 review

9.1 Canada and Nova Scotia agree to design and conduct a joint Year 2 Review of the implementation of this Agreement. The Year 2 Review will be conducted in Fiscal Year 2010/11 and completed in Fiscal Year 2011/12. The purpose of the Year 2 Review will be to:

  • (a) ensure that the Parties are properly implementing the provisions of this Agreement, including but not limited to:
    • transition and implementation (progress towards full implementation and Employee Transfer Agreement);
    • governance;
    • priorities, plans, results, budgets;
    • data collection and reporting (including administrative data systems and data sources);
    • communications (both internal and external);
    • provisions relating to funding;
    • implementation of the performance measurement framework;
    • development of an evaluation framework;
    • other provisions of this Agreement, including monitoring and accountability; and
  • (b) inform potential improvements to this Agreement.

Evaluation

9.2 Nova Scotia will advise Canada by notice in writing delivered on or before April 1, 2010 that Nova Scotia has elected that either:

  • (a) Articles 9.3 through 9.7 inclusive (“Option 1”); or
  • (b) Articles 9.8 through 9.12 inclusive (“Option 2”)

shall apply to, and form part of, this Agreement and upon delivery of such notice those Articles so elected shall apply to and form part of this Agreement.

Option 1

9.3 Canada and Nova Scotia recognize the importance of evaluating the NS Benefits and Measures in order to determine their impacts and outcomes.

9.4 Nova Scotia agrees, therefore, to carry out periodic evaluations of the impact and effectiveness of NS Benefits and Measures.

9.5 The first evaluation will be conducted three to five years after implementation and subsequent evaluations will be conducted regularly, on a three-to-five year basis, as determined by the Joint LMDA Committee.

9.6 In carrying out each evaluation of the NS Benefits and Measures, Nova Scotia agrees to:

  • (a) develop an evaluation framework that adheres to commonly accepted evaluation practices and methodologies;
  • (b) submit the evaluation design or framework for review and recommendations by an independent third party external evaluator;
  • (c) before the evaluation is conducted, share the framework with Canada for review at the Joint LMDA Committee;
  • (d) after the findings are obtained, submit the evaluation report to an independent third party external evaluator for review before it is finalized; and
  • (e) provide a copy of the evaluation report to Canada for review at the Joint LMDA Committee.

9.7 The cost of the evaluations will be the responsibility of Nova Scotia.

Option 2

9.8 Canada and Nova Scotia recognize the importance of evaluating the NS Benefits and Measures in order to determine their impacts and outcomes. Accordingly, they agree to carry out joint periodic evaluations of the NS Benefits and Measures. The first evaluation will be conducted three to five years after implementation of the NS Benefits and Measures and subsequent evaluations will be conducted regularly, on a three-to-five year basis, as determined by the Joint LMDA Committee.

9.9 The Joint LMDA Committee will establish an Evaluation Sub-Committee to prepare and sign off an evaluation framework for each evaluation. The evaluation frameworks shall adhere to commonly accepted evaluation practices and methodologies. The Evaluation Sub-Committee shall oversee the conduct of each evaluation according to the plan laid out in the framework and approve third party evaluation contracts and the evaluation report.

9.10 The Evaluation Sub-Committee will be comprised of equal representation from Canada and Nova Scotia. One member from Canada and one member from Nova Scotia will act as co-chairs.

9.11 The Evaluation Sub-Committee will also:

  • (a) submit the evaluation design or framework for review and recommendations by an independent third party external evaluator;
  • (b) undertake joint assessment and approval of Request for Proposals and winning bid (HRSDC to sign contract for the evaluation);
  • (c) oversee the conduct of the evaluation according to the plan laid out in the framework;
  • (d) after the findings are obtained, submit the evaluation report to an independent third party external evaluator for review before it is finalized; and
  • (e) provide a copy of the evaluation report to Canada and Nova Scotia.

9.12 Costs for the joint evaluations will be borne by Canada.

10.0 Information and data sharing

10.1 For the purpose of implementing this Agreement, Canada and Nova Scotia agree to exchange information in accordance with the arrangements specified in Annex 5 to this Agreement entitled, "Exchange of Information and Data Sharing Arrangements".

10.2 Without limiting the generality of the foregoing, Canada and Nova Scotia agree that the development and linking of electronic on-line systems that maintain client information data is an essential tool for effective and efficient case management for clients accessing NS Benefits and Measures.

11.0 Monitoring and assessment report

11.1 Canada will:

  • (a) monitor and assess the effectiveness of the assistance provided by Nova Scotia under the NS Benefits and Measures funded under this Agreement and of the assistance provided by other provinces and territories under benefits and measures provided by them with funding from Canada under similar Labour Market Development Agreements; and
  • (b) prepare an annual monitoring and assessment report which the Minister of Human Resources and Social Development shall make public by tabling it in Parliament each year.

12.0 Employment insurance program integrity

12.1 As Canada may be providing insurance benefits under Part I of the EI Act to Active EI Claimants while they are participating under the NS Benefits and Measures, Canada and Nova Scotia will cooperate with each other in developing measures for detecting and controlling abuse and in determining how and by whom these measures should be carried out.

13.0 Transfer of federal employees to Nova Scotia

13.1 Nova Scotia agrees to make offers of employment to those indeterminate employees of Canada who are affected by Canada’s withdrawal from the delivery of its employment benefits and support measures in Nova Scotia and by Nova Scotia’s decision to expand its role in the design and delivery of labour market programs through implementation of the NS Benefits and Measures.

13.2 Nova Scotia undertakes that its offer to each indeterminate employee will meet the requirements of a Reasonable Job Offer (Type 2) within the meaning of Part VII of the Work Force Adjustment Directive (WFAD) that is applicable to the indeterminate employee with the exception that each transferring indeterminate employee will be granted an employment guarantee for a period of three years.

13.3 Details with respect to the conditions of employment to be offered to the affected indeterminate employees will be embodied in an Employee Transfer Agreement (ETA) to be entered into between the Parties by December 1, 2008. Upon signing of the ETA, it will be appended as Annex 6 to this Agreement.

13.4 Nova Scotia acknowledges and agrees that the amount of Canada’s contributions referred to in Article 14 of this Agreement towards Nova Scotia’s Administration Costs is contingent upon offers of employment being made to those employees affected by this Agreement and on the offers meeting the requirements of a “reasonable job offer” within the meaning of Part VII of Canada’s WFADs applicable to the employees.

13.5 Canada agrees that every vacant position within Canada’s affected employee group at such time as may be agreed upon by the parties in the Employee Transfer Agreement will be included in the calculation of the number of affected employees to whom Nova Scotia will be considered to have made an offer of employment and who will be considered to have accepted the offer.

14.0 Financial arrangements and contribution towards costs

14.1 Canada and Nova Scotia agree that, subject to the financial limitation set out in section 78 of the EI Act, the financial arrangements between them will be as set out in the provisions below.

Contribution towards the costs of NS benefits and measures

14.2 Canada, through the Commission, agrees to make annual contributions to Nova Scotia pursuant to section 63 of the EI Act towards the Costs of NS Benefits and Measures in accordance with Articles 14.3 to 14.5 below.

14.3 The amounts payable for Fiscal Year 2009/10 and Fiscal Year 2010/11 will be determined in accordance with the allocation methodology established by Canada for allocating among provinces or territories the funding approved each year by Canada’s Treasury Board for expenditures under Part II of the EI Act. The currently projected maximum amount of Canada's contribution towards the Costs of NS Benefits and Measures for each of those Fiscal Years is estimated to be:

  • Fiscal Year 2009/10: $80,967,000 (partial year funding); and
  • Fiscal Year 2010/11: $80,918,000

14.4 For greater certainty, the annual contribution amounts referred to in Article 14 do not include insurance benefits payable by the Commission to Active EI Claimants under Part I of the EI Act (by virtue of section 25 of the EI Act) while participating in training and other employment activities under Nova Scotia Benefits.

14.5 For each Fiscal Year after Fiscal Year 2010/11 during the term of this Agreement, the parties will review Canada’s contribution towards the Costs of NS Benefits and Measures. In conducting the annual reviews, Canada undertakes to provide Nova Scotia with a three-year projection of Canada’s annual allocation which is based on current trends, but which is subject to change. The agreed amount of Canada's contribution towards the Costs of NS Benefits and Measures for each Fiscal Year will then be specified in the Annual Annex for that Fiscal Year.

Contribution towards Nova Scotia’s administration costs

14.6 In addition to the annual contribution towards the Costs of NS Benefits and Measures, Canada, through the Commission, agrees to make an annual contribution to Nova Scotia towards the Administration Costs incurred by Nova Scotia in each Fiscal Year during the Period of the Agreement.

14.7 Subject to Articles 14.9 and 14.10, the amount of the maximum annual contribution towards Nova Scotia’s Administration Costs will be an amount determined in accordance with the methodology described in the letter of September 25, 1996 from Canada's Deputy Minister of Human Resources Development to Nova Scotia’s Deputy Minister of Community Services.

14.8 The maximum amount payable by Canada in the annual contribution towards Nova Scotia’s Administration Costs determined under Article 14.7 in each Fiscal Year is $9,629,000.

14.9 The maximum amount of the contribution in respect of Nova Scotia’s Administration Costs, as determined under Article 14.7, that is payable in any Fiscal Year falling within the three-year period following the date of transfer of federal employees to Nova Scotia shall be reduced if there is any reduction in the amount of the normal salary, as set out in the Employee Transfer Agreement, paid to those employees in that Fiscal Year. The amount of the reduction in the contribution for the fiscal year in question shall be an amount equal to the aggregate of the reduction in the agreed normal salaries payable to the transferred employees.

14.10 The maximum amount payable under Article 14.8 may be increased by an amount equal to savings in accommodation costs in relation to federal employees actually transferred to Nova Scotia as federal leases become renewed following the transfer. Funds will be made available to Nova Scotia as leases become renewed following a transfer or as otherwise jointly agreed to by the Designated Officials. The additional amount payable by Canada will not exceed $969,000 in each Fiscal Year.

15.0 Transfer of assets

15.1 Canada and Nova Scotia will develop an inventory of assets to be transferred for no consideration to Nova Scotia. The assets to be transferred to Nova Scotia will be related to the extent of labour market development responsibilities assumed by Nova Scotia and the number of Canada's employees transferred to Nova Scotia.

15.2 The timetable for the transfer of assets will be established by the Transition Committee. No transfer will occur prior to the signing of the Employee Transfer Agreement referred to in Article 13.

16.0 Payment procedures

16.1 As of July 1, 2009 or on such later date as jointly agreed by the Designated Officials on which Nova Scotia begins implementation of the NS Benefits and Measures, Canada will make advance payments of its annual contribution towards the Costs of NS Benefits and Measures. The advances will be made on a monthly basis and will be based upon a forecast of cash flow requirements furnished by Nova Scotia. Nova Scotia agrees to update the forecast on a quarterly basis.

16.2 As of July 1, 2009, or on such later date as is jointly agreed by the Designated Officials on which Nova Scotia begins implementation of its NS Benefits and Measures, Canada will make equal monthly installments of its annual contribution, towards the Administration Costs incurred by Nova Scotia.

17.0 Annual annex

17.1 Prior to the commencement of the implementation by Nova Scotia of its NS Benefits and Measures, and prior to the beginning of each Fiscal Year thereafter during the term of this Agreement, Canada and Nova Scotia agree to set out in an Annual Annex to this Agreement the following:

  • (a) the agreed annual targets for the Fiscal Year for the results indicators referred to in Annex 4;
  • (b) the three-year projection referred to in Article 14.5 of Canada's maximum annual contributions towards the Costs of NS Benefits and Measures; and
  • (c) the actual amount of Canada’s contribution towards the Costs of NS Benefits and Measures for the coming Fiscal Year.

17.2 The Designated Officials are authorized to sign the Annual Annexes on behalf of their respective party.

18.0 Financial accountability

18.1 For Fiscal Year 2009/10, and for each Fiscal Year thereafter during the term of this Agreement, Nova Scotia will submit to Canada a report containing:

  • (a) an audited financial statement prepared in accordance with generally accepted accounting principles and practices and in a form prescribed by Canada, and certified by the Auditor General of Nova Scotia or his or her designate, setting out the amount of the Costs of NS Benefits and Measures that Nova Scotia has actually incurred in that Fiscal Year in respect of each of the NS Benefits and Measures; and
  • (b) a statement from the Auditor General of Nova Scotia or the designate 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 Nova Scotia will submit the report no later than three months after the end of the Fiscal Year to which it relates.

19.0 Overpayment and lapsing funds

19.1 If payments made to Nova Scotia under this Agreement exceed the amounts to which Nova Scotia is entitled, the amount of such excess is a debt owing to Canada and will be repaid to Canada upon receipt of notice to repay.

19.2 Any unutilized contribution for a given Fiscal Year will lapse.

20.0 Public information

20.1 Nova Scotia and Canada agree on the importance of ensuring that the public is informed of their respective roles and, in particular, the financial contribution of Canada and the responsibility of Nova Scotia with regard to the administration of NS Benefits and Measures under this Agreement.

20.2 Nova Scotia agrees to acknowledge Canada’s support of the NS Benefits and Measures in signage, public announcements, program descriptions and correspondence, and public reports on the NS Benefits and Measures.

20.3 Canada and Nova Scotia agree to cooperate to provide opportunities for announcements, ceremonies, celebrations, and releases of reports to allow representatives of Canada and Nova Scotia to clearly articulate the role of each government in supporting the NS Benefits and Measures. Canada and Nova Scotia will jointly prepare public information material and jointly organize and participate in any public announcement relating to the signing of this Agreement and of any agreements referred to in the Annexes that are to be signed in the future.

20.4 Nova Scotia will ensure that cheques or deposit statements for EI Clients receiving assistance under its NS Benefits and Measures either directly from Nova Scotia or through an organization receiving funding from Nova Scotia, will include the Government of Canada word mark.

20.5 The parties agree to give each other reasonable advance notice of any major public relations initiatives to inform Canadians of activities being undertaken in the context of this Agreement.

21.0 Designated officials

21.1 Upon signing this Agreement, each party will provide to the other the name of its Designated Official. 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.

21.2 Designated Officials, or their designates, will meet as required to resolve issues that emerge from the Agreement.

22.0 Joint LMDA committee

22.1 Nova Scotia and Canada agree to establish a Nova Scotia–Canada Joint LMDA Committee, for an indeterminate period, when Nova Scotia assumes responsibility for providing the NS Benefits and Measures set out in the Agreement.

22.2 The Joint LMDA Committee will meet at least twice annually or as agreed.

22.3 The Joint LMDA Committee will be composed of representatives of Nova Scotia and Canada and will be co-chaired by both of the parties. Specific representation is to be determined by each of the parties. Decisions of the Joint LMDA Committee will be by consensus. If consensus cannot be reached, then the issue(s) will be referred to the appropriate Deputy Ministers for both of the parties. If the issue cannot be resolved by the Deputies, it shall be referred to the appropriate Ministers for both of the parties to be resolved.

22.4 The Joint LMDA Committee will provide a forum to exchange information and have discussions related to labour market challenges facing employers, employees and unemployed individuals across Nova Scotia, with a focus on improving productivity. More specifically, the Joint LMDA Committee shall be responsible for:

  • (a) providing support to resolve issues arising from the management of the agreement;
  • (b) discussing annual result targets as described in Article 8.0;
  • (c) discussing Nova Scotia’s annual plans;
  • (d) overseeing Year 2 Review and evaluation responsibilities outlined in Article 9.0;
  • (e) maintaining linkages with the planning processes under any other Canada- Nova Scotia Labour Market Agreement entered into between the parties;
  • (f) developing measures referred to in Article 12 for ensuring employment insurance program integrity;
  • (g) sharing views on labour market programs and policies as well as broader developments in the labour market; and
  • (h) other matters as the parties may agree on.

23.0 Term of agreement

23.1 This Agreement will remain in force until terminated in accordance with Article 24.

24.0 Termination

24.1 After completion of the Year 2 Review under Article 9.1, either party can terminate the Agreement at any time by two Fiscal Years’ written notice of intention to terminate to the other party.

24.2 In the event of termination of this Agreement, Canada and Nova Scotia agree that they will work together to ensure that services to clients will not be unduly affected or interrupted by the termination.

25.0 Amendment

25.1 This Agreement may be amended at any time with the mutual consent of the parties. To be valid, every amendment must be in writing and signed, in the case of Canada, by Canada's Minister of Human Resources and Social Development and the Commission, and in the case of Nova Scotia, by the Minister of Labour and Workforce Development, or by their authorized representatives.

25.2 Notwithstanding Article 25.1, an amendment to any Annex to this Agreement may be signed by the Designated Officials of the parties.

26.0 Equality of treatment

26.1 During the term of this Agreement, if a province or territory other than Nova Scotia negotiates an agreement (or any amendment to such an agreement) with Canada based on Canada’s May 30, 1996 proposal, and any provision of, or omission from, that agreement (or amendment) is more favourable to that province or territory than what was negotiated with Nova Scotia, Canada agrees to amend this Agreement upon the request of Nova Scotia in order to afford similar treatment to Nova Scotia. The amendment shall be retroactive to the date on which the Agreement, or amendment to such an Agreement, with the other province or territory comes into force.

27.0 General

27.1 No member of the House of Commons or Member of the House of Assembly of Nova Scotia will be admitted to any share or part of this Agreement or to any benefit arising therefrom.

28.0 Effective date

28.1 This agreement will be effective when signed by both parties.

Signed on behalf of Canada by the Minister of Human Resources and Skills Development, styled Minister of Human Resources and Social Development, and the Canada Employment Insurance Commission,

at Dartmouth this 13th day of June, 2008.

______________

Witness

______________

The Honourable Monte Solberg,

Minister of Human Resources and Social Development

______________

Witness

______________

Janice Charette,

Chairperson, Canada Employment Insurance Commission

Signed on behalf of Nova Scotia by the Minister of Labour and Workforce Development,

at Dartmouth this 13th day of June, 2008.

______________

Witness

______________

The Honourable Mark A. Parent,

Minister of Labour and Work force development

Annex 1 – Description of Nova Scotia benefits and measures

1.0 Purpose

1.1 The purpose of this Annex to the Canada-Nova Scotia Labour Market Development Agreement (LMDA) is to describe the programs and services, also referred to as benefits and measures, that will be provided by Nova Scotia.

2.0 Objectives

2.1 The objective of Nova Scotia benefits and measures is to assist individuals to prepare for, obtain, and maintain employment and to reduce their dependency on government forms of income support including EI benefits and social assistance.

2.2 In support of this objective and the objective of eliminating overlap and duplication, Nova Scotia intends to incorporate the following design features:

  • (a) harmonization with provincial employment initiatives to ensure that there is no unnecessary overlap or duplication;
  • (b) flexible and broad array of client centered services, supports and benefits to participants;
  • (c) reduction of dependency on unemployment benefits by helping individuals obtain or keep employment;
  • (d) co-operation and partnership with other governments, employers, community-based organizations and other interested organizations;
  • (e) flexibility to allow decisions to be made at a local level;
  • (f) availability of assistance under the benefits and measures in either official language where there is significant demand for that assistance in that language;
  • (g) commitment by persons receiving support under the benefits and measures to:
    • (i) achieving the goals of the assistance,
    • (ii) taking primary responsibility for identifying their employment needs and locating services necessary to allow them to meet those needs, and
    • (iii) if appropriate, sharing the cost of the assistance
  • (h) implementation of the benefits and measures within the framework for evaluating their success in assisting persons to obtain or keep employment.

2.3 Nova Scotia will be responsible for selecting priority clients for Nova Scotia benefits and measures, but only EI Clients will be given access to assistance provided under the Nova Scotia Benefits.

3.0 Nova Scotia benefits

Nova Scotia will provide a broad range of services to enable EI clients to obtain employment.

a) Nova Scotia attachment services

Attachment Services will be made available to encourage employers to permanently hire EI clients who are at risk of extended periods of unemployment and/or provide participants with short term work experience to help them acquire skills needed by local employers. Benefits will be used to:

  • Attachment Service – Wage Subsidy Component
    • I. Support training on the job and work placement activities and may include but are not limited to targeted wage subsidies, work tools or equipment, short-term training and other employment-related supports.
  • Attachment Service – Job Creation Component
    • II. Develop employment partnerships with employers and community groups that provide meaningful work experience opportunities for EI clients and which also help develop the community and local economy.

b) Nova Scotia self-employment assistance

Nova Scotia will provide self-employment services to assist EI clients to start businesses and become self-employed. Services may include entrepreneurship training, individualized coaching and client supports.

c) Nova Scotia skills development

Nova Scotia will implement a benefit for the education and training of EI Clients so they can obtain the skills necessary for employment.

This benefit will include the costs ordinarily paid by Nova Scotia over and above the amounts recovered though tuition fees, with respect to each EI Client receiving financial assistance under Skills Development and attending a publicly funded training institution.

d) Nova Scotia earnings supplement

Nova Scotia may implement temporary targeted earnings supplements to encourage EI-eligible clients to accept employment.

4.0 Nova Scotia measures

Nova Scotia provincial measures are briefly described below.

a) Nova Scotia employment services

Employment services will be used to help clients to obtain employment. Services may include, but are not limited to such things as: 1) needs determination, 2) employment counseling, 3) job search supports, 4) workshops and coaching, 5) Prior Learning Assessment and Recognition (PLAR), 6) practice firms, and 7) provision of labour market information.

Nova Scotia 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.

Services provided under this provincial measure will be accessible to unemployed persons and job seekers.

b) Nova Scotia Labour Market Partnerships

Nova Scotia will provide funding to support employers, employer or employee associations, community groups and communities in developing and implementing strategies for dealing with labour force adjustments and meeting human resource requirements. It is understood that Labour Market Partnerships may be used to provide assistance for employed persons who are at risk of becoming unemployed.

c) Nova Scotia research and innovation

Nova Scotia will develop a provincial measure to support research and innovative activities to identify better ways of helping persons prepare for, return to or keep employment and be productive participants in the labour force.

Annex 2 – National employment service function and Cooperation on labour market information

1.0 Purpose

The purpose of this Annex is to set out the National Employment Service (NES) function delegated to Nova Scotia by the Canada Employment Insurance Commission.

2.0 Delegation of Labour Exchange Function

2.1 Nova Scotia shall maintain labour exchange in a manner that allows universal access by all clients and to the timely transfer of information to the national labour exchange system as the parties to the agreement agree to be appropriate.

3.0 Cooperation on Labour Market Information

3.1 Canada and Nova Scotia agree to the preparation of a joint labour market information strategy which will set out how each party will cooperate in gathering, analyzing, producing, disseminating and using local, provincial and national labour market information to support economic progress.

3.2 In the joint Strategy, Canada and Nova Scotia agree to clarify their respective roles and responsibilities, to encourage partnerships and ensure complementarity such that there is no unnecessary overlap and duplication.

3.3 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 HRSDC activities relating to this Agreement.

3.4 Nova Scotia 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 Nova Scotia, labour market information relating to the implementation of this Agreement and participating in and maintaining a link with the National Labour Market Information System.

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

  • a) occupational profiles and forecasts;
  • b) community profiles;
  • c) demographic and labour force profiles and forecasts;
  • d) industrial/sectoral profiles and forecasts;
  • e) wage and salary data;
  • f) conditions of employment;
  • g) vacancy and employment opportunities;
  • h) labour market reviews and trends;
  • i) occupational demand and skill shortage lists;
  • j) potential employer lists;
  • k) lists of training providers and available courses;
  • l) major project updates;
  • m) career resource planning tools; and
  • n) work search tools.

Annex 3 – Delivery arrangements

1.0 Purpose

The purpose of this Annex to the Canada-Nova Scotia Labour Market Development Agreement (LMDA) is to describe the service delivery approach for Nova Scotia benefits and measures outlined in Annex 1 and the delegated National Employment Service function as outlined in Annex 2.

2.0 Service delivery principles

2.1 Nova Scotia is committed to the following principles regarding service to clients:

  • a) citizen-centered services which facilitate ease of access for a broad range of client groups;
  • b) rapid and transparent access by Nova Scotia citizens to all services of government;
  • c) provision of an array of integrated labour market services which are flexible, innovative and responsive to the changing labour market;
  • d) measurable results within a well-defined framework of accountability to its citizens.

3.0 Service delivery approach

Service delivery by Nova Scotia:

3.1 The Department of Labour and Workforce Development (LWD) is the provincial organization that will assume lead responsibility for delivery of NS Benefits and Measures and incorporate transferring federal staff into the Department.

3.2 Nova Scotia and Canada agree that service delivery will be maintained in communities where Service Canada has an office that currently delivers programs and services under this agreement until a review of service delivery has been completed. These communities include: Amherst, Antigonish, Bridgewater, Cape Breton Regional Municipality, Digby, Halifax Regional Municipality, Inverness, Kentville, New Glasgow, Port Hawkesbury, Shelburne, Truro, Windsor, and Yarmouth.

3.3 Nova Scotia will select service delivery sites carefully and will give consideration to factors such as: historical/traditional service catchment areas, program and cost effectiveness, requirements under provincial and federal workplace legislation, accessibility for persons with disabilities, the visibility needs of each order of government and office designs that enhance client service.

Service delivery by third parties:

3.4 Nova Scotia will coordinate the direct (by its own staff) and indirect delivery of NS Benefits and Measures and related programs and services, and provide “single window” service to clients. Indirect delivery will include services provided to clients through a network of third parties, including community-based organizations, municipalities, employers, employer and employee associations, and public, private, and not-for-profit trainers Nova Scotia will work closely with agencies to manage client flows between the third parties and the Department of Labour and Workforce Development, and to track client activity, reporting and outcomes.

Service offerings:

3.5 Nova Scotia will provide service to a broad range of clients including employers, unemployed persons, employed persons at risk of job loss, EI Clients, social assistance recipients and under-employed persons.

3.6 Client service will be based on an array of program components and services. This approach will offer clients flexible and tailored services to meet individual needs.

3.7 Nova Scotia will coordinate a continuum of labour market and skills training programs delivered by the Department of Labour and Workforce Development, Department of Education, Department of Community Services, Department of Economic Development, and other departments.

3.8 Nova Scotia intends to expand services on the demand side by partnering with employers, employer associations and other groups to address issues such as skill shortages, human resource planning, recruitment, retention, access to labour market information, and reducing barriers to labour market participation.

Service channels:

3.9 Nova Scotia will offer service in a number of ways. A client could access the system through electronic channels (telephone, internet), through government offices (in person or by mail), and through third parties.

Stakeholder engagement:

3.10 Nova Scotia will adopt a local planning process involving stakeholders to ensure that services are tailored to meet local and regional needs.

3.11 Nova Scotia will ensure all community partners are aware of the full range of services available and of how their clients can access those services to meet their identified needs.

3.12 The service delivery model will ensure that there will be strong linkages between Nova Scotia and Canada in relation to Employment Insurance (Part I) to support rapid re-employment of EI claimants and will help to reduce dependence on federal and provincial financial assistance.

Annex 4 - Indicators for measuring results of Nova Scotia benefits and measures, annual results targets and reporting

1.0 Purpose

The purpose of this Annex is to set out the agreement of the parties on the indicators to be used for measuring the results of the NS Benefits and Measures, the annual results target-setting process, and annual results reporting.

2.0 Results measurement indicators

2.1 Canada and Nova Scotia agree that the following indicators are to be used in measuring the results of the NS Benefits and Measures:

  • a) the number of Active EI Claimants who have accessed NS Benefits and Measures;
  • b) the number of EI Clients returned to employment; and
  • c) savings to the Employment Insurance Account.

3.0 Annual targets and target-setting

3.1 Canada and Nova Scotia 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 NS Benefits and Measures. Canada and Nova Scotia agree that the results targets for the first Fiscal Year of implementation of the NS Benefits and Measures will be soft targets.

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

4.0 Reporting of results

4.1 Canada and Nova Scotia agree that the results indicators will be tracked and reported to Canada on a quarterly basis. Nova Scotia will provide to the Regional Executive Head, Nova Scotia/PEI Region, Service Canada, the following Year-to- Date (YTD) information:

  • a) Percentage of EI Clients involved in Nova Scotia Benefits who are active EI claimants;
  • b) Number of EI clients and the number of active EI claimants who are employed or self-employed, broken down by Nova Scotia Benefit and the average cost. EI Clients, including active EI claimants, are considered as employed if they:
    • i) have drawn 25 percent or less of their Employment Insurance entitlement for twelve consecutive weeks (applies to active EI claimants who return to employment twelve weeks or more before the end of their benefit period; or,
    • ii) draw 25 percent or less of their Employment Insurance entitlement in all their remaining weeks on benefits (applies to active EI claimants who return to employment less than twelve weeks before the end of their benefit period); or,
    • iii) are recorded as employed at the completion of their intervention(s) (applies to EI Clients who return to employment after the end of their benefit period or who were not active EI claimants); or,
    • iv) are employed when contacted twelve weeks after the completion of their intervention(s) (applies to insured participants who return to employment after the end of their benefit period or who were not active EI claimants);
  • c) Year-to-date savings to the Employment Insurance Account as a result of active EI claimants becoming employed before making a full draw on their insurance entitlement (Part I insurance benefit entitlement minus actual Part I payout); and
  • d) the number of EI Clients and the number of active EI claimants who have completed their intervention, broken down by type and average cost per intervention, as well as the number of active EI claimants who have yet to complete their intervention.

Annex 5 - Canada-Nova Scotia exchange of information and data sharing arrangements

1.0 Purpose

1.1 The purpose of this Annex to the Canada-Nova Scotia Labour Market Development Agreement (LMDA) is to provide for the exchange of information, including personal information as defined in section 3 of the Privacy Act and clause 3(1)(I) of Nova Scotia’s Freedom of Information and Protection of Privacy Act, between the parties. Personal information includes social insurance numbers.

2.0 Authorities

Canada to Nova Scotia:

2.1 With respect to the information to be provided by Canada to Nova Scotia under section 3 of this Annex, Canada confirms that it is authorized under section 34(1) of the Department of Human Resources and Skills Development Act (DHRSD Act) to provide such personal information to Nova Scotia for the purposes set out in section 3. In this regard:

  • (a) the personal information set out in section 3 consists of information obtained by the Canada Employment Insurance Commission or the Department of Human Resources and Skills Development, styled as the Department of Human Resources and Social Development, from persons under the Employment Insurance Act (EI Act), and of information prepared from such information;
  • (b) subsection 34(1) of the DHRSD 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
  • (c) the personal information described in section 3 of this Annex will be disclosed to Nova Scotia only for the purposes described herein.

Nova Scotia to Canada:

2.2 With respect to the personal information to be provided by Nova Scotia to Canada under section 4 of this Annex, Nova Scotia confirms that it is authorized under paragraphs 27(a) and (d) of Nova Scotia’s Freedom of Information and Protection of Privacy Act to provide such information to Canada for the purposes set out in section 4.

3.0 Information to be provided by Canada to Nova Scotia

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

  • (a) assisting Nova Scotia in establishing and verifying if the individual qualifies as an EI client (who is not an active EI claimant) and is therefore eligible for, or entitled to, assistance under Nova Scotia programs:
    • name
    • social insurance number
    • address
    • postal code
    • telephone number
    • date of birth
    • responsible Service Canada Centre – if available
    • gender
    • language (French or English)
    • EI client status

    And,

  • (b) in respect of an individual who has been determined to be an active EI claimant who is eligible for, or entitled to, assistance under Nova Scotia’s programs, assisting Nova Scotia in determining the nature and level of financial assistance to be provided to the EI client under Nova Scotia’s programs:
    • name
    • social insurance number
    • address
    • postal code
    • telephone number
    • date of birth
    • responsible Service Canada Centre – if available
    • gender
    • language (French or English)
    • EI client status
    • number of previous claims in the last five years (60 months)
    • disqualified – yes/no
      • if yes - number of disqualification weeks
      • if yes - disqualification effective date
      • if yes - disqualification weeks remaining
    • disentitlement – yes/no
      • if yes - disentitlement start date/week
      • if yes - disentitlement end date/week
    • disentitlement/disqualification messages according to reason codes:
      • disentitlement suspension possible for Part II – Contact Service Canada
      • disentitlement cannot be suspended. Client not eligible for Part I
      • disqualification suspended for Part II
      • disqualification cannot be suspended. Client not eligible for Part I
    • stop payment – yes/no
      • if yes – date of stop payment
    • type of benefit (claim type, e.g. regular, etc.)
    • benefit period commencement (BPC)
    • last week processed
    • week of renewal
    • EI benefit rate – Part I
    • federal tax deducted
    • provincial tax deducted
    • number of eligible weeks
    • number of weeks paid (number of weeks paid special benefits and number of weeks paid regular benefits identified if on same claim)
    • expected end date of Part I
    • identification if on measure –
      • “Notice: Client is currently on an intervention - dates of intervention”
      • “Notice: Interventions taken on own initiative - dates”
      • “Notice: The client is participating on his/her own self-employment initiative – dates of initiative”
    • identification if about to commence a measure – “Notice: Client to commence intervention on (date)”
    • identification if recently participated on a measure - “Notice: The client was previously on an intervention, dates”
    • “Provincial/Territorial parental benefit applied for – Client payments not initiated – Contact Service Canada Centre”
    • “Active Claim – Provincial/Territorial parental benefits" – Provincial Parental Benefits may be considered the same as EI maternity, paternity or parental benefits – Contact Service Canada Centre”
      • Yes (D56/D57)
      • Yes – Contact Service Canada (this is when there is a reachback Provincial Parental Benefit)
      • No
      • N/A
    • apprenticeship (yes/no)
    • apprenticeship waiting period waived (yes/no)
    • allocation of earnings weekly amount
    • allocation of earnings:
      • start date of allocation of earnings
      • end date of allocation of earnings
      • last week of allocation of earnings

3.2 Upon request, on a per individual basis, Canada will provide to Nova Scotia all or any of the following personal information under its control on all EI clients who have received assistance from Nova Scotia under Nova Scotia’s programs for use by Nova Scotia in modifying, updating and/or reviewing the information initially submitted to Canada. This information was initially provided to Canada pursuant to section 4.1 of this Annex regarding the referral by Nova Scotia, for purposes of Section 25 of the EI Act, of an active EI claimant to a Nova Scotia training or self-employment program:

  • name
  • social insurance number
  • Service Canada Centre code
  • project type
  • train(ing) ID
  • start week(s)/date(s) of intervention
  • end week(s)/date(s) of intervention
  • project Responsibility Centre code
  • project number
  • apprentice indicator
  • intervention break start week/date
  • intervention break end week/date
  • agreement number
  • institution code (if available)
  • no claimant report code
  • rate (EI Part II)

3.3 Canada will provide to Nova Scotia all or any of the following personal information under its control on all EI clients and non-EI clients who have received assistance from Nova Scotia under Nova Scotia programs, for use by Nova Scotia for the review, analysis and verification of the data calculated/held by Canada for monitoring, assessment and reporting purposes. This information will be provided in a mutually agreed upon format.

3.3.1 Based on the monthly EI client and non-insured participant files (interventions) provided by Nova Scotia in section 4.2, the following personal information will be provided to Nova Scotia by Canada in a return file to assist Nova Scotia in reviewing and verifying Canada’s reporting of results:

  • social insurance number
  • apprenticeship client indicator
  • benefit rate
  • benefit period commencement
  • last week of entitlement
  • month code
  • unpaid benefits
  • last week processed
  • new benefit period commencement
  • total weeks paid
  • training ID
  • training/self-employment project start week
  • training/self-employment project end week
  • unit 43 – active EI claimants employed before end of insurance entitlement period as a result of a Nova Scotia program
  • unit 44 – active EI claimants employed after insurance entitlement period as a result of a Nova Scotia program
  • unit 45 – non case-managed active EI claimants employed before the end of their entitlement period as a result of a Nova Scotia group service
  • unit 46 – former EI claimants employed as a result of a Nova Scotia program
  • unit 52 – unpaid benefits (EI Part I) resulting from EI claimants employed before end of insurance entitlement period, as a result of a Nova Scotia program (corresponds to unit 43 – non-TWS)
  • unit 53 – unpaid benefits (EI Part I) resulting from EI claimants employed before end of insurance entitlement period as a result of a Nova Scotia targeted wage subsidy intervention (corresponds to unit 43 – TWS)
  • unit 54 – unpaid benefits (EI Part I) resulting from EI claimants employed before end of insurance entitlement period as a result of a Nova Scotia group service (corresponds to unit 45)
  • unit 143 - LMDA EI claimant who finds employment before the end of their entitlement period as a result of a Nova Scotia program
  • unit 144 - LMDA EI claimant who is recorded as employed after their entitlement period
  • unit 145 - LMDA EI claimant who becomes employed before the end of their entitlement period as a result of a Nova Scotia group service
  • unit 146 - former LMDA EI claimant who becomes employed as a result of a Nova Scotia program
  • unit 152 - EI LMDA unpaid benefits (EI Part I) resulting from EI claimants employed before end of insurance entitlement period, as a result of a Nova Scotia program (corresponds to unit 143 non - TWS)
  • unit 153 - EI LMDA unpaid benefits (EI Part I) resulting from EI claimants employed before end of insurance entitlement period as a result of a Nova Scotia Targeted Wage Subsidy intervention (wage subsidy - corresponds to unit 143 – TWS program)
  • unit 154 - EI LMDA unpaid benefits (EI Part I) resulting from EI claimants employed before end of insurance entitlement period as a result of a Nova Scotia group service (corresponds to unit 145)
  • result week of action plan/intervention
  • result date of action plan/intervention
  • action plan result
  • result week
  • intervention code
  • intervention start date
  • intervention end date
  • provincial Responsibility Centre code
  • weeks paid sub-counter
  • weeks paid counter
  • initial benefit period
  • EI client status
  • group services type
  • date of group session

3.4 Upon request, and based on the monthly EI client and non-insured participant files (interventions) provided by Nova Scotia in section 4.2, the following personal information will be provided to Nova Scotia for the review and verification of Canada’s reporting of results. The personal information will be provided in two different formats. One format will be structured for determining clients served, and the other for non-insured participants (interventions) (intervention counts and designated group information):

  • social insurance number
  • age
  • action plan result
  • EI client type
  • action plan creation date
  • action plan start date
  • action plan end date
  • action plan result
  • action plan result date
  • designated group indicators (persons with disabilities, members of visible minority groups, women, aboriginal peoples)
  • intervention start date
  • intervention end date
  • missing action plan indicator
  • gender
  • Responsibility Centre code
  • intervention code (type of intervention)

3.5 Upon being provided with criteria by Nova Scotia, Canada will search its records and provide to Nova Scotia the following personal information under its control with respect to EI clients who are active EI claimants residing in Nova Scotia who meet those criteria. The provision of this information is for the purpose of assisting Nova Scotia in contacting active EI claimants who may be interested in receiving assistance under Nova Scotia’s programs funded under this LMDA:

  • name
  • address including postal code
  • phone number including area code
  • official language of service (written)
  • official language of service (spoken)

3.6 Upon request, Canada will provide to Nova Scotia the following personal information under its control on all active EI claimants residing in Nova Scotia to assist Nova Scotia in the strategic planning of the delivery of its programs:

  • postal code
  • benefit period commencement
  • weeks paid
  • claim type
  • EI claim status
  • number of entitlement weeks
  • renewal week
  • first week of the last claimant’s report sent
  • insured weeks/hours
  • National Occupational Classification (NOC) code
  • last week processed
  • gender (where available as self-identified information)
  • disability status (where available as self-identified information)
  • visible minority (where available as self-identified information)
  • aboriginal group (where available as self-identified information)
  • date of birth – month and year
  • preferred official language (French or English)

Any reports created which involve these data elements must be reported in cells of no less than 10.

3.7 Upon being provided with the information outlined in section 4.3 of this Annex, Canada will provide those Nova Scotia employees identified pursuant thereto with the following information to permit electronic access to Canada’s personal information outlined herein:

  • employee name
  • usercode number
  • temporary password
  • temporary authorization code

3.8 Upon the assignment to Nova Scotia by Canada, pursuant to the assignment agreement to be entered into between the Parties under Article 7 of the LMDA, of financial assistance agreements that Canada has signed with recipients under its programs, Canada will provide to Nova Scotia, on a one time only basis, all of the information held in records, both electronic and hard copy, pertaining to the assigned agreements. This will ensure the continuity of service to clients of Canada.

3.9 Nova Scotia understands that it cannot use any of the personal information received from Canada under this Annex for research or statistical purposes.

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

3.10 For the purposes of

  • (a) Detecting overpayments of financial assistance due to error, misrepresentation or fraud,
  • (b) collecting or recovering overpayments, or
  • (c) instituting legal proceedings

in relation to an individual or individuals receiving, or who have received assistance from Nova Scotia under Nova Scotia programs funded under this LMDA, Canada will provide to Nova Scotia where available and upon written request, on a per individual basis, the following personal information under its control about an individual:

  • name
  • social insurance number
  • address including postal code
  • benefit commencement period
  • claim termination date
  • number of entitlement weeks
  • weekly benefit rate (gross)
  • weekly benefit rate (net)

4.0 Information to be provided by Nova Scotia to Canada

4.1 Nova Scotia will provide to Canada the following personal information under its control about each EI client receiving assistance under Nova Scotia programs for the purposes of assisting Canada in verifying client 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 a Nova Scotia program (for purposes of section 25 of the EI Act):

  • name
  • social insurance number
  • project type
  • training ID
  • start week(s)/date(s) of intervention
  • end week(s)/date(s) of intervention
  • project Responsibility Centre code
  • project number
  • apprentice indicator
  • intervention break start week/date
  • intervention break end week/date
  • agreement number
  • institution code (if available)
  • no claim report code
  • rate (EI Part II)

4.2 Where available, Nova Scotia will provide to Canada the following personal information under its control

  • (a) about each EI client who is participating in Nova Scotia programs, and
  • (b) about each non-insured participant who is participating in Nova Scotia programs funded under this Agreement,

    for the purpose of assisting Canada in monitoring, assessing and evaluating the effectiveness of the assistance provided by Nova Scotia under Nova Scotia programs which Canada is required to do under Article 11 of this LMDA:

    • name
    • social insurance number
    • address
    • postal code
    • date of birth
    • telephone number, including area code
    • gender (as self-identified information)
    • marital status
    • family type
    • number of dependents
    • disability status/type (as self-identified information)
    • visible minority (as self-identified information)
    • aboriginal group (as self-identified information)
    • 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/creation date(s) of action plan
    • end date(s) of action plan
    • NOC code for training
    • action plan result
    • 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 (French or English)
    • language of service (French or English)
    • language of intervention received (French or English)
    • intervention outcome (including reason for non-completion, where available)
    • group services type
    • group services completion date
    • provincial responsibility centre 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/immigration status
    • immigration – date of arrival in Canada
    • current/last employment, including NOC code, years of experience, part-time/fulltime, start date, end date, salary, reason for leaving job
    • intervention code
    • type of training institution (public/private), part-time/full-time attendance, program name
    • year round / seasonal job
    • type of employer (private sector, non-profit organization)
    • Self-Employment Benefit (SEB) type of assistance (coaching, business plan, ongoing technical assistance)
    • record last access date

The information in this section will be updated by Nova Scotia on a monthly basis.

4.3 Nova Scotia will provide to Canada the following personal and non-personal information under its control about each provincial employee who requires access to Canada’s systems and who has completed the security screening, as required in section 8.2 of this Annex:

  • name, including middle name
  • date of birth
  • unique personal identifier (not to exceed 8 characters)
  • Responsibility Centre code
  • user’s e-mail address
  • Public Key Infrastructure
  • Application required:
    • LMDA Access
    • Common System for Grants and Contributions (must include Responsibility Centre code and access level)
  • date of reliability check completion
  • name of approving authority
  • position of approving authority
  • signature of approving authority
  • date authority approved

4.4 For the purposes of

  • (a) 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 Nova Scotia programs funded under this agreement,
  • (b) collecting or recovering overpayments of Part I benefits to an individual referred to in paragraph (a), or
  • (c) instituting legal proceedings in relation the matters referred to in paragraphs (a) and (b),

Nova Scotia will provide to Canada upon written request on a per individual basis, any or all of the following personal information under its control about an individual:

  • name
  • address
  • social insurance number
  • reason client is not capable of work/intervention/service
  • reason client is not available for work/intervention/service
  • reason earnings not reported to Canada during the weeks they were earned
  • date(s) absent from Canada/area without authorization
  • reason absent from Canada/area without authorization
  • reason for separation from employment
  • whether or not the client reported for an interview as directed
  • interview details (counsellor seen/scheduled to be seen, date, time and location of interview)
  • method used to direct client to report
  • reasons for not reporting (e.g. no contact, not interested in service, family obligations, transportation difficulties, unable to attend - and any reasons given, withdrawal from the labour force - and any reasons given)
  • date of return to work
  • employer name
  • employer phone number including area code
  • reason for withdrawal from program
  • reason for termination from program

4.5 Nova Scotia 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 Nova Scotia 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.

5.0 Mode of information exchange

5.1 Personal information and reports covered by this Annex will be provided by each party in a mutually agreed format, frequency and manner.

5.2 Canada and Nova Scotia 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.

5.3 Nova Scotia may request improvements to Canada’s applications used by Nova Scotia. 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.

5.4 Canada agrees to inform Nova Scotia, 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.

5.5 Canada and Nova Scotia agree to enter into a separate service level agreement outlining systems and security requirements.

5.6 Canada and Nova Scotia 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.

6.0 Confidentiality, use and disclosure

6.1 Canada and Nova Scotia undertake to use their best efforts to fully maintain and protect the confidentiality of the personal information they receive under this Annex.

6.2 Subject to sections 6.3 and 6.4, Canada and Nova Scotia shall not, in respect of any personal information they obtain from each other under this Annex:

  • (a) use that information for a purpose other than that for which it was respectively provided to them; and
  • (b) disclose that information to any person or body for a purpose other than that for which it was respectively provided to them.

6.3 Canada and Nova Scotia may use personal information they obtain from each other under this Annex for a purpose other than that for which it was obtained:

  • (a) with the written consent of the individual to whom that information relates;
  • (b) with the written consent of the party that provided the information; or
  • (c) if required by legislation.

6.4 Canada and Nova Scotia may disclose personal information they obtain from each other under this Annex to any person or body for any purpose:

  • (a) with the consent of the individual to whom that information relates;
  • (b) in a form that cannot reasonably be expected to identify the individual to whom that information relates; or
  • (c) if required by legislation.

6.5 Unless otherwise required by law or authorized in writing by the other party and subject to section 6.2, 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.

6.6 In the event of a request under Canada’s Access to Information Act or Privacy Act for personal information obtained from Nova Scotia under this Annex, Canada agrees to consult, when required, with Nova Scotia prior to any disclosure of such information. In the event of a request under Nova Scotia’s Freedom of Information and Protection of Privacy Act for personal information obtained from Canada under this Annex, Nova Scotia 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.

6.7 The exchange of personal information between Canada and Nova Scotia as a result of Nova Scotia's use of Canada's Common System for Grants and Contributions to manage its programs, on an interim basis, will be addressed in a separate Interim Corporate Management Agreement to be entered into between the parties following the signing of this LMDA.

6.8 For greater certainty,

6.8.1 “Interim Corporate Management Agreement” (“ICMA”) means the agreement entered into between Canada and Nova Scotia for the purpose of establishing, on an interim basis, the terms and conditions governing the use by Nova Scotia of Canada’s Common System for Grants and Contributions (CSGC) and the processes related to the financial management to support Nova Scotia programs, and

6.8.2 “Common System for Grants and Contributions” or “CSGC” means Canada’s system through which financial and non-financial data are captured and tracked in relation to grant and contribution recipients.

7.0 Costs

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

8.0 Information management

8.1 The personal information exchanged under this Annex will 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 Department of Human Resources and Skills Development Act, the Employment Insurance Act, the Library and 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 Nova Scotia, the Freedom of Information and Protection of Privacy Act, the Government Records Act, the Public Archives Act, the Personal Information International Disclosure Protection Act, the regulations thereto, and any related data security and retention of records directives, policies and guidelines covering the administrative, technical and physical safeguarding of the personal information.

8.2 In addition to the requirements outlined in subsection 8.1, individuals with access to personal information provided by Canada must obtain a “Reliability Status” (or provincial equivalent), as required by the federal Government Security Policy.

8.3 The parties will take all reasonable measures to observe the personal information management requirements mentioned in subsection 8.1 to ensure the security, confidentiality and integrity of information exchanged under this Annex and to safeguard the information against accidental or unauthorized access, disclosure, use, modification and deletion.

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

8.5 In the event of an occurrence described in subsection 8.4 above, the party responsible for the security, confidentiality and integrity of the personal information will promptly take corrective action to remedy the situation and will take all reasonable steps to prevent a recurrence of the event.

8.6 The parties will, on a periodic and mutually agreed upon basis and format, audit their respective information management practices and procedures as appropriate, at intervals of not greater than every 5 years to ensure:

  • (a) compliance with the requirements of subsection 8.1, and
  • (b) the security, confidentiality and integrity of the personal information exchanged under this Annex.

The parties agree to provide a copy of their respective audit reports to each other.

8.7 Where deficiencies in a party’s information management practices affecting compliance with the requirements of subsection 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.

9.0 Accuracy of information

9.1 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.

10.0 Personal information collection, storage and access

10.1 Except as may be permitted by Nova Scotia’s Personal Information International Disclosure Protection Act, personal information (as defined therein) in Nova Scotia’s custody or under its control may only be stored or accessed in Canada.

10.2 Canada and Nova Scotia will cooperate to ensure that the provisions of Nova Scotia's Freedom of Information and Protection of Privacy Act and Personal Information International Disclosure Protection Act are respected upon implementation of the LMDA.

11.0 General

11.1 This Annex can be amended with the written consent of both parties.

Annex 6 – Employee transfer agreement

Between

The Government of Canada (herein referred to as "Canada"), as represented by the Minister of Human Resources and Skills Development

And

The Government of Nova Scotia (herein referred to as "Nova Scotia"), as represented by the Minister of Labour and Workforce Development

1.0 Introduction

1.1 This Employee Transfer Agreement (ETA) is concluded pursuant to section 13 of the Canada-Nova Scotia Labour Market Development Agreement (LMDA) signed on June 13, 2008, and is incorporated into the LMDA as Annex 6. This ETA sets out the terms and conditions under which federal employees will be transferred to Nova Scotia pursuant to the LMDA.

2.0 Definitions

2.1 Unless the context requires otherwise, the expressions listed below have the following meaning for the purpose of this ETA:

  • (a) An “Affected Employee" is an indeterminate employee of Canada who meets the criteria defined in section 3.1 of this ETA;
  • (b) "Applicable Legislation and Regulations" refers to Acts and Statutes related to employment in the Nova Scotia Civil Service, including, but not limited to the Civil Service Act, Civil Service Collective Bargaining Act, Public Service Superannuation Act, Occupational Health and Safety Act, Labour Standards Code, and the Human Rights Act;
  • (c) “Continuous Employment” means one or more periods of service in the Public Service as defined in Canada’s Public Service Superannuation Act, with allowable breaks only as provided for in the terms and conditions of employment applicable to the employee;
  • (d) “Continuous/Discontinuous Service” means one or more periods of service in the Public Service as defined in the Public Service Labour Relations Act;
  • (e) An “Excluded Employee” is a Transferring Employee who accepts an offer of employment from Nova Scotia for a position in the Civil Service of Nova Scotia that is not included within a bargaining unit;
  • (f) An "Indeterminate Employee" is an employee who has been appointed for an indeterminate period of time pursuant to Canada's Public Service Employment Act;
  • (g) "Initial Period" refers to the three-year period between the Transfer Date and the end of the employment guarantee set out in section 13.2 of the LMDA. For the purpose of clarity, the Initial Period is from July 1, 2009 to June 30, 2012 inclusive;
  • (h) "Part-Time Employee" refers to Affected Employees whose scheduled hours of work are less than the full-time hours specified in their collective agreement;
  • (i) "Substantive position" refers to the Affected Employee’s home position with Canada;
  • (j) "Transfer Date" refers to the date on which the employees transfer to Nova Scotia and, unless otherwise provided by this ETA, shall be July 1, 2009;
  • (k) "Transferring Employee" refers to an employee of Canada who receives and accepts an offer of employment from Nova Scotia under this ETA. An employee who accepts an offer of employment from Nova Scotia under this ETA must remain employed by Canada up to his/her Transfer Date in order to be considered a "Transferring Employee".

3.0 Offers of employment

3.1 Nova Scotia agrees to make an irrevocable offer of employment to an Affected Employee who:

  • (a) is an indeterminate employee of Canada, including employees on approved leave, with or without pay, who are scheduled to return to work prior to the date set out in section 3.12 or 3.13; and
  • (b) is affected by Nova Scotia’s decision to expand its role in the design and delivery of labour market programs through the implementation of the Nova Scotia benefits and measures as described in the LMDA.

3.2 Canada will develop in consultation with Nova Scotia a list of eligible positions. Canada will provide to Nova Scotia a list identifying the positions where incumbents would be eligible to receive an offer of employment. The list will provide, by geographic location, a position profile reflecting position titles, occupational groups and levels, the number of positions to be transferred, and aggregate salary of encumbered positions. This list will be appended as Annex A to this ETA.

3.3 Canada will develop in consultation with Nova Scotia a list of Affected Employees. Canada agrees to provide Nova Scotia, no later than 2 days after the signing of the ETA, with employee profiles, including names and contact information for those employees who are eligible to receive an offer of employment.

3.4 Canada in consultation with Nova Scotia may modify the list of Affected Employees identified for transfer until such time as Nova Scotia begins issuing offers of employment.

3.5 An offer of employment will be made by Nova Scotia within such time as to allow Affected Employees a sixty (60)-day decision period to accept or refuse the offer of employment. Where the offer of employment is mailed, such offer shall be deemed to have been made seven (7) days following the date on which it is sent.

3.6 Nova Scotia will provide to Canada a copy of the offer of employment it makes to Affected Employees. The offer of employment will contain, at a minimum, the position title, a description of work, classification level, salary level, and geographic location, and a provision that the offer of employment is valid only if the employee remains an indeterminate employee of Human Resources and Skills Development up to his/her date of transfer.

3.7 Nova Scotia agrees to offer Affected Employees positions which are comparable to the duties performed by federal employees. The positions will be classified according to provincial standards.

3.8 Affected Employees who are occupying a part-time position will be offered a part-time classified position within Nova Scotia’s Civil Service for the same or similar number of hours per week, with a same or similar work schedule as when the employee was with Canada.

3.9 Affected Employees who accept the offer of employment from Nova Scotia will be appointed to classified positions within Nova Scotia’s Civil Service.

3.10 Transferring Employees who are members of a bargaining unit will be appointed to a bargaining unit position. Transferring Employees who are Excluded Employees will be appointed to an excluded position.

3.11 Transferring Employees who are unable to start work on the Transfer Date for reasons accepted by the parties, will transfer and become employees of Nova Scotia on such later date as determined by the parties.

3.12 Affected Employees who are on a leave of absence from active employment, specifically, Leave Without Pay, Leave With Pay, and Maternity / Parental Leave, with a scheduled return to work date prior to June 30th, 2010, will be deemed eligible to receive an offer of employment. Subject to acceptance of the offer, Affected Employees will transfer and become employees of Nova Scotia on either July 1st, 2009 or their scheduled return to work date, whichever is later.

3.13 Affected Employees who are on approved Long-Term Disability claim or Injury on Duty Leave and who are deemed fit to return to work and have returned to work prior to the date of signing of this ETA will be deemed eligible to receive an offer of employment.

4.0 Hours of work

4.1 All Transferring Employees will be governed by the hours of work provisions specified in Applicable Provincial Legislation and Regulations, or the Nova Scotia Civil Service Master Agreement.

5.0 Language in the workplace

5.1 The language of internal administration in the Nova Scotia Civil Service is English. A Transferring Employee in a designated bilingual position with Canada will continue to provide service delivery in French and English in the Nova Scotia Civil Service.

6.0 Employment protection

6.1 Nova Scotia undertakes not to terminate the employment of a Transferring Employee during the Initial Period, other than for cause, provided that the Transferring Employee maintains the position offered and accepted pursuant to this ETA.

6.2 For further clarification, a Transferring Employee who voluntarily applies to another position, other than the position to which the employee transferred on the Transfer Date, will, if successful in attaining a new position, give up the balance of his/her employment protection period.

6.3 For Transferring Employees referred to in sections 3.11 and 3.12 who transfer and become employees of Nova Scotia on a date after the Transfer Date, the period of employment protection will start on their Transfer Date and end on June 30, 2012.

7.0 Permanent or probationary status

7.1 Transferring Employees who have already served a probationary period with Canada prior to the Transfer Date, will be appointed with permanent status effective the Transfer Date.

7.2 Transferring Employees who have not completed a probationary period with Canada prior to the Transfer Date will complete the remainder of a 12-month probationary period upon transfer to Nova Scotia.

7.3 Canada will provide Nova Scotia with a list of those Transferring Employees who will not have completed a twelve (12)-month probationary period by the Transfer Date. The list will include the period of probation served with Canada and will be submitted as part of the employee profile.

8.0 Compensation

8.1 Nova Scotia agrees that, for the Initial Period, Transferring Employees will be paid a salary at least equal to their annual salary received in their substantive positions as federal public servants, provided the Transferring Employee accepts and maintains the position offered pursuant to the ETA. Salary does not include bilingual bonus.

8.2 For pay increment purposes, new provincial anniversary dates will be established on the first day of a month in accordance with provincial compensation policies. Where applicable and appropriate within provincial policies, Nova Scotia will use federal increment dates to establish anniversary dates.

8.3 It is understood that if, after an offer of employment has been made by Nova Scotia, the Transferring Employee's salary increases as a result of the signature of a new collective agreement, Nova Scotia agrees to increase the salary set out in its offer to make it at least equal to the salary owed by Canada to the Transferring Employee on the day preceding the Transfer Date. For clarity, the above provision will apply regardless of the date the collective agreement is signed. Any equal pay adjustment that is authorized after the Transfer Date shall not affect the salary of the Transferring Employee paid by Nova Scotia.

8.4 Canada and Nova Scotia agree to establish a method whereby Transferring Employees who have purchased Canada Savings Bonds and/or who are contributing to the United Way Campaign by way of payroll deductions will have an opportunity to continue those deductions as a Nova Scotia Civil Servant.

8.5 Nova Scotia agrees that Transferring Employees who commenced employment on July 1, 2009 will be entitled to remuneration by the Province for the July 1, 2009 statutory holiday.

8.6 Canada will pay out any accumulated overtime earned by Transferring Employees prior to their Transfer Date.

9.0 Severance and termination pay

9.1 Upon termination of employment with Canada, Canada will pay Transferring Employees severance pay at the rate established by Canada.

9.2 Nova Scotia will pay severance upon lay-off or Public Service Award on retirement for the Nova Scotia employment period commencing on the Transferring Employees’ date of transfer, for those eligible employees as per the Applicable Legislation and Regulations or the collective agreement.

10.0 Recognition of prior service

10.1 Transferring Employees' Continuous Employment with the federal government will be recognized by Nova Scotia and be reflected in a determination by Nova Scotia of prior months of service for each employee upon transfer, with respect to job competition or job posting considerations and short-term illness leave entitlement.

10.2 Transferring Employees' Continuous/Discontinuous Service with the federal government will be recognized by Nova Scotia and be reflected in a determination by Nova Scotia of prior months of service for each employee upon transfer, with respect to the rate of earning annual vacation entitlement and vacation scheduling, except that during the first 6 months of the initial period, a Transferring Employee cannot use such prior service so as to disadvantage a provincial employee in the applicable work unit prior to July 1, 2009.

10.3 Canada will provide Nova Scotia with data and information respecting Transferring Employees’ Continuous Employment and Continuous/Discontinuous service to enable Nova Scotia to confirm prior service with respect to sections 10.1 and 10.2.

11.0 Seniority

11.1 Subject to the agreement by the Nova Scotia Government and General Employees Union (NSGEU) to recognize seniority for Transferring Employees, Nova Scotia will allow Transferring Employees who are not Excluded Employees, to be assigned a “seniority date” on their Transfer Date.

12.0 Leave

12.1 Vacation leave

  • (a) Transferring Employees may request payment from Canada for all or part of outstanding accumulated vacation leave credits earned, but not used prior to their Transfer Date.
  • (b) Subject to section 12.1.1, Nova Scotia will allow Transferring Employees to carry over any earned but unused portion of their 2009-10 vacation leave entitlement to a maximum of three months’ entitlement. Transferring Employees will use transferred vacation leave credits prior to earned provincial vacation leave credits.
  • (c) Subject to section 12.1.1, Nova Scotia will allow each Transferring Employee to carry over earned but unused portion of their vacation leave entitlement outstanding as of March 31, 2009, to a maximum of five days. Transferring Employee will use transferred vacation leave credits prior to earned provincial vacation leave credits.
  • (d) On or shortly after the Transfer Date, Canada will inform Nova Scotia of the amount of any vacation leave to be credited to Transferring Employees in accordance with paragraphs 12.1.2 and 12.1.3.
  • (e) In the event that Transferring Employees terminate their employment with Nova Scotia during the year following their Transfer Date, Canada agrees to compensate Nova Scotia for any transferred vacation leave which remains unused at the time of termination.

12.2 Sick leave

  • (a) Upon transfer to Nova Scotia, all Transferring Employees will be allocated 18 days of pro-rated general illness leave and 100 days of short-term illness leave in accordance with Nova Scotia Civil Service sick leave benefits.
  • (b) The parties agree that Transferring Employees will not carry over unused sick leave credits earned with Canada.

12.3 Maternity / Parental leave

  • (a) Nova Scotia will honour Maternity and Parental leave for Transferring Employees approved by Canada with a start date prior to the Transfer Date and an end date prior to June 30, 2010.
  • (b) Transferring Employees on approved maternity or parental leave will continue to receive Supplementary Top-Up Benefits from Canada at the rates specified in the applicable collective agreement until the end of their leave. Nova Scotia agrees to notify Canada if Transferring Employees returning from maternity or parental leave do not work for a period equal to the time for which they were in receipt of top-up benefits.

12.4 Approval of leaves

  • (a) After letters of offer are issued to Affected Employees, Canada will not approve any new requests for leave with a start date after July 1, 2009 for these employees.

13.0 Accommodation

13.1 Nova Scotia shall respect the commitments made by Canada in the case of Transferring Employees under authorized accommodation plans for health or disability reasons for a period of up to 18 months. Any extension or renewal shall be subject to the Applicable Legislation and Regulations and the Nova Scotia Civil Service Master Agreement, where applicable.

13.2 Pursuant to section 15 of the LMDA, Canada will transfer to Nova Scotia any special equipment (excluding software licences) used by Transferring Employees in the performance of their duties. Nova Scotia agrees to provide to Transferring Employees the same or similar software they were provided by Canada for accommodation purposes.

14.0 Flexible work arrangements

14.1 All flexible work arrangements entered into by Transferring Employees with Canada shall expire on June 30, 2009. Nova Scotia, as employer, will not unreasonably withhold approval for variable work arrangements. Transferring Employees who wish to explore a variable work arrangement with Nova Scotia will be subject to the applicable conditions of employment.

15.0 Equivalent qualifications

15.1 Nova Scotia recognizes the experience, skills and knowledge of Transferring Employees to be equivalent to the requirements of the positions which they are assuming.

16.0 Benefit plans

16.1 Nova Scotia shall enrol Transferring Employees in its existing benefit plans including health (includes dental) benefits, long-term disability and group life insurance. The health (dental) plan enrolment may be waived if the employee can provide proof of comparable coverage through another health (dental) plan.

16.2 Enrolment in any of the plans mentioned in section 16.1 will not require evidence of insurability, application of pre-qualification conditions which might otherwise apply (for coverage of employees, their spouse or dependents), including restrictions related to pre-existing conditions criteria. There are no waiting periods.

17.0 Pension plan arrangements

17.1 All Transferring Employees will be covered by the Nova Scotia Public Service Superannuation Act and will commence contributions to that plan effective July 1, 2009.

17.2 The existing Pension Transfer Agreement will apply to Transferring Employees.

18.0 Location and relocation

18.1 Transferring Employees will be assigned to positions in the same geographic location in which they worked prior to the Transfer Date. Except with the Transferring Employee’s consent, during the first 24 months of the Initial Period, an employee’s position will not be relocated more than 40 kilometres. Should an employee consent to an employer-proposed relocation beyond 40 kilometres, relocation expenses will be provided in accordance with the Applicable Legislation and Regulations and the Nova Scotia Civil Service Master Agreement where applicable.

19.0 Sharing of personal information

19.1 Subject to the Privacy Act, Canada will provide to Nova Scotia information deemed essential by Nova Scotia to issue an offer of employment, for pay and benefits purposes, and to meet other operational needs.

20.0 Organizational assessment

20.1 The parties agree to assess the human resource risk factors that would impact on service continuity in each office where there are Transferring Employees or vacancies. Following that assessment, the parties agree to review the recommendations to mitigate risks prior to the transfer of employees. Mitigating strategies may include:

  • (a) An agreement by Canada to facilitate meetings between Nova Scotia and Affected Employees prior to the Transfer Date for the purpose of providing orientation and training; and
  • (b) The parties participating jointly in recruitment action for some positions prior to the Transfer Date.

21.0 Other terms and conditions

21.1 Except as stipulated in this ETA, the terms and conditions contained in the Civil Service Act, the provincial collective agreement and in the other Applicable Legislation and Regulations will apply to Transferring Employees as employees of the Nova Scotia Civil Service.

22.0 Cooperation

22.1 Nova Scotia agrees to cooperate with Canada and make reasonable efforts to enable Canada to locate and pay Transferring Employees the retroactive portion of any form of compensation to which those employees have a right for any period during which they were federal employees prior to the transfer to Nova Scotia.

Signed on behalf of Canada this _____ day of November, 2008

______________

Witness

______________

Derek Gee

Regional Executive Head, NS/PEI Region

Service Canada

Signed on behalf of Nova Scotia this _____ day of November, 2008

______________

Witness

______________

Margaret MacDonald

Deputy Minister

Labour and Workforce Development

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