Amending Agreement No. 1 for Annex 4 of the Canada–Nunavut Labour Market Development Agreement

Information for reference

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

On this page

List of acronyms and abbreviations

ATIPPA: Access to Information and Protection of Privacy Act

BPC: Benefit Period Commencement

Canada: The Government of Canada

DESD Act: Department of Employment and Social Development Act

EI Act: Employment Insurance Act

IT: Information Technology

LMDA: Labour Market Development Agreement

NOC: National Occupation Classification

Nunavut: The Government of Nunavut

PIA: Privacy Impact Assessments

P/TPB: Provincial/Territorial Parental Benefits

SEB: Self-Employment Benefit

TRA: Threat and Risk Assessments

TWS: Targeted Wage Subsidy

Between

The Government of Canada (herein referred to as "Canada") as represented by the Minister of Employment and Social Development and the Canada Employment Insurance Commission;

And

The Government of Nunavut (herein referred to as "Nunavut") as represented by the Minister of Family Services.

Preamble

Whereas, Canada and Nunavut entered into a Labour Market Development Agreement on May 11, 2000 (hereinafter referred to as the “LMDA”), in which Canada and Nunavut agreed to certain arrangements relating to the provision of contributions by Canada pursuant to section 63 of the Employment Insurance Act to support the costs of benefits and measures (referred to in the LMDA as “Territorial Benefits and Measures”) provided by Nunavut that are similar to Canada’s employment benefits and support measures and that are consistent with the purpose and guidelines of Part II of the Employment Insurance Act;

Whereas Canada and Nunavut wish to amend the information sharing arrangements provided for in section 8 and Annex 4 of the LMDA entitled “Information and Data Sharing Arrangements”; and,

Whereas under article 20.2 of the LMDA, the designated officials of Canada and Nunavut are authorized to sign amendments to any Annex to the LMDA;

Now, therefore, Canada and Nunavut agree as follows:

Clauses

  1. Annex 4 of the Canada-Nunavut LMDA is hereby replaced in its entirety by the attached Annex 4, Exchange of Information and Data Sharing Arrangements, which shall be binding on the parties effective as of the date of signing of this Amending Agreement.
  2. The LMDA in all other respects shall remain the same.

Signed on behalf of Canada this 21 day of November, 2014.

______________________
Witness

______________________
Michael Gardiner
Assistant Deputy Minister
Western Canada and Territories Region
Service Canada

Signed on behalf of Nunavut this 14 day of November, 2014.

______________________
Witness

______________________
Rebekah Williams
Deputy Minister
Department of Family Services

Annex 4 – Canada – Nunavut exchange of information and data sharing arrangements

1.0 Purpose

1.1 The purpose of this Annex to the Canada-Nunavut Labour Market Development Agreement (LMDA) is to provide for the exchange of information, including personal information, as defined in section 3 of Canada’s Privacy Act and section 2 of Nunavut’s Access to Information and Protection of Privacy Act (ATIPPA), and “information” as defined in subsection 30(1) of the Department of Employment and Social Development Act (DESD Act), between the parties. Personal information includes social insurance numbers.

2.0 Authorities

Canada’s Authorities:

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

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

Nunavut’s Authorities:

2.3 With respect to the personal information to be provided by Nunavut to Canada under section 4 of this Annex, Nunavut confirms that it is authorized under paragraph 48 of the Nunavut ATIPPA to provide such information to Canada for the purposes set out in section 4.

3.0 Information to be provided by Canada to Nunavut

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

EI claim information:

Canada, may on its own initiative, provide to Nunavut an update on any or all of the above information, for use by Nunavut in reviewing, as needed, the purpose and amount of the financial assistance provided to the EI recipient by Nunavut.

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

3.3 Canada will provide to Nunavut on a monthly basis any or all of the following personal information under its control on all EI clients and non-insured participants who have received assistance from Nunavut under Nunavut programs, for use by Nunavut 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 data files on EI clients and non-insured participants who are participating in Nunavut programs funded with EI Part II monies, as provided by Nunavut in section 4.3, the following personal information will be provided to Nunavut by Canada in a return file to assist Nunavut in reviewing and verifying Canada’s reporting of results on clients employed and unpaid benefits:

  • social insurance number
  • territorial office code
  • EI client status
  • benefit period commencement
  • initial benefit period
  • new benefit period commencement
  • last week of entitlement
  • benefit rate
  • month code
  • last week processed
  • total weeks paid
  • weeks paid sub-counter
  • unpaid benefits
  • training ID
  • intervention code
  • intervention start date
  • intervention end date
  • training/self-employment project start week
  • training/self-employment project end week
  • action plan ID
  • action plan result
  • action plan result week/date
  • intervention result
  • intervention result week/date
  • apprenticeship client indicator
  • group services type
  • date of group session
  • unit 143 – LMDA EI claimant who finds employment before the end of their entitlement period as a result of a Nunavut program
  • unit 144 – LMDA EI claimant who is recorded as employed after their entitlement period as a result of a Nunavut program
  • unit 145 – LMDA EI claimant who becomes employed before the end of their entitlement period as a result of a Nunavut group service
  • unit 146 – former LMDA EI claimant who becomes employed as a result of a Nunavut 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 Nunavut 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 Nunavut TWS 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 Nunavut group service (corresponds to unit 145)

3.4 Upon request, and based on the monthly data files on EI clients and non-insured participants who are participating in Nunavut programs funded with EI Part II monies, as provided by Nunavut in section 4.3, the following personal information will be provided to Nunavut for the review and verification of Canada’s reporting of results. The personal information will be provided in two different data sets (by client and intervention):

3.5 Canada will provide to Nunavut, when requested by Nunavut and based on the selection criteria identified by Nunavut, on a per individual basis, any or all of the following personal information under Canada’s control from an individual’s file for the purpose of assisting Nunavut in contacting individuals who have recently applied for benefits under Part I of the EI Act who may be interested in receiving assistance under Nunavut Benefits and Measures, in order to facilitate their return to work:

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

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

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

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

3.8 For the purposes of detecting overpayments of financial assistance due to error, misrepresentation or fraud in relation to an individual or individuals receiving, or who have received assistance from Nunavut under Nunavut programs funded under this LMDA, Canada will provide to Nunavut where available and upon written request, on a per individual basis, any or all of the following personal information under its control about an individual:

3.9 Canada may also, on its own initiative, provide to Nunavut the information listed in section 3.8 about any individual who has received, or is receiving, assistance under Canada’s programs where it suspects that the individual was/is not entitled to that assistance, and/or may have received or be receiving insurance benefits under Part I of the EI Act to which the individual was/is not entitled.

3.10 Following amendments to Canada’s EI Act, Canada will provide to Nunavut, when requested by Nunavut, on a per individual basis, any or all of the following personal information under its control in respect of each individual who has been determined to be an active EI claimant who is receiving or has recently received financial assistance while participating in a Nunavut program, to assist Nunavut in communicating with the client and/or in determining whether any revisions to Nunavut’s financial assistance are required:

3.11 Upon being provided with the information outlined in section 5.4 of this Annex, Canada will provide those Nunavut employees identified therein with the following information to permit electronic access to Canada’s personal information outlined herein:

4.0 Information to be provided by Nunavut to Canada

4.1 Nunavut will provide Canada, on a per individual basis, the following personal information under its control about each of its clients who has submitted an application under one of Nunavut’s benefits and measures, for the purposes of establishing and verifying if the individual qualifies as an EI client:

4.2 Nunavut will provide to Canada the following personal information under its control about each EI client who is an active EI claimant and who is receiving assistance under Nunavut programs for the following purposes:

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

for the purpose of assisting Canada in monitoring, assessing and evaluating the effectiveness of the assistance provided by Nunavut under Nunavut’s programs, which Canada is required to do under Articles 7 and 9 of this LMDA:

The above information will be updated by Nunavut on a monthly basis, or (for periodic evaluations) upon request when available.

4.4 For the purposes of detecting overpayments of insurance benefits under Part I of the EI Act, due to error, misrepresentation or fraud, to an individual or individuals who are participating in, or have participated in Nunavut programs funded under this LMDA, Nunavut 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:

4.5 Nunavut 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 Nunavut’s programs where it suspects that the individual was/is not entitled to that assistance, and/or may have received or be receiving insurance benefits under Part I of the EI Act to which the individual was/is not entitled.

4.6 Following amendments to Canada's EI Act, Nunavut will provide to Canada any or all of the following personal information under its control in respect of each individual who is receiving or has recently received financial assistance while participating in a Nunavut program, in order for Canada to determine which of these individuals is receiving or has recently received Part I benefits under that Act, which in turn will assist Nunavut in communicating with the client and/or in determining whether any revisions to Nunavut’s financial assistance are required:

4.7 Nunavut will provide to Canada the following personal information under Nunavut’s control on the results of Nunavut’s efforts to contact the individuals identified by Canada under section 3.5 of this Annex, for the purpose of assisting Canada in assessing the impact of those efforts in facilitating each individual’s return to work, and verifying the individual’s ongoing eligibility for, or entitlement to, employment insurance benefits under Part I of the EI Act (for the purposes of sections 25 and 27 of the EI Act):

5.0 Personal security screening

5.1  In accordance with the legislative, regulatory and policy requirements of their employer, employees of both parties who access personal information provided by the other party under this Agreement must obtain a personal security screening level that is commensurate with the handling of personal information.

5.2 The parties will ensure that only authorized personnel have access to and use of the personal information exchanged under this Agreement and only as is required for the performance of their duties under this Agreement.

5.3 In the context of allowing a Nunavut employee to access Canada’s systems and personal information held by Canada, Nunavut will provide to Canada written verification that the security screening check for each of their employees has been completed, along with an attestation that, in their judgment, any risks that may be associated with each of their employees so screened are acceptable to Canada. The verification will include the following personal and non-personal information under its control about each Nunavut employee who requires access to Canada’s systems and information, and who has completed the security screening, as required in section 10.2 of this Annex.

5.4 In the context of allowing a Nunavut employee to access Canada’s systems and personal information held by Canada, Nunavut will provide to Canada the following personal and non-personal information under its control about each Nunavut employee who requires such access to Canada’s systems and information and who has obtained a satisfactory personnel security screening level.

5.5 Nunavut will inform Canada within 24 hours a Nunavut employee ceases to need access

to any one of Canada’s systems.

6.0 Information protection and security

The information received by each Party under this Agreement will be protected as provided for under the laws of Canada and in accordance with this Agreement. Personal Information is to be safeguarded at a high level of protection to ensure the integrity, privacy and security of the disclosure process.

6.1  In the event of a breach/incident involving personal information under the care of Canada, Nunavut will inform ESDC’s Director, EI Part II, Benefits and Measures, within 24 hours of being informed of the breach/incident and follow the process described in Appendix A.

7.0 Mode of Information Exchange

7.1 Canada and Nunavut agree to enter into a separate service level agreement outlining systems and security requirements.

7.2 Unless otherwise specified in this Annex, personal Information and reports covered by this Annex will be provided by each party in a mutually agreed format, frequency and manner.

7.3 Canada and Nunavut agree to notify each other within a reasonable time of any change affecting communication protocols or methods, data bank access procedures or systems. The parties agree to participate in compatibility tests when changes are made to such protocols, methods or procedures.

7.4 Nunavut may request improvements to Canada’s applications used by Nunavut. If deemed appropriate, suggested improvements will be taken into account in Canada’s priority-setting process. Nothing in this clause limits the development activities that must be pursued by both parties in order to ensure personal information exchange between the two organizations.

7.5 Canada agrees to inform Nunavut, in a timely manner, in accordance with the procedures agreed upon by both parties, of any new federal application or any new version of a federal application that is relevant to this Annex.

7.6 Canada and Nunavut are committed to ensuring that the personal information they provide to each other under this Annex is reliable and is provided in a timely, secure, and confidential manner, and they agree to work together in achieving this goal.

8.0 Confidentiality, use and disclosure

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

8.2 Subject to sections 8.3 and 8.4, Canada and Nunavut shall not, in respect of any personal information they obtain from each other under this Annex:

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

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

8.5 Unless otherwise required by law or authorized in writing by the other party and subject to section 8.2, a party shall not disclose any personal information, obtained from the other party under this Annex, to a third party for a purpose authorized herein unless there is a written agreement between that party and the third party imposing upon the third party obligations that are the same as those imposed upon that party under this Annex with respect to the protection of this information.

8.5.1 For the purpose of section 8.5, a “third party” does not include Shared Services Canada, a department of the Government of Canada established under section 4 of the Shared Services Canada Act, S.C. 2012, c. 19, s.117, responsible for the provision of information technology (IT) infrastructure services to Canada, that may include e-mail, data center (servers) and network services.

8.5.2 For the purpose of section 8.5, a “third party” does not include the Department of Community and Government Services, responsible for the provision of information technology (IT) infrastructure services to Nunavut that may include e-mail, data center (servers) and network services.

8.6 Nunavut acknowledges that it is an offence under the DESD Act for anyone to knowingly make available information that is privileged thereunder or to knowingly use or allow such information to be used otherwise than in accordance with this Act. This provision applies to employees of Nunavut to whom the information is disclosed.

8.7 In the event of a request under Canada’s Access to Information Act or Privacy Act for personal information obtained from Nunavut under this Annex, Canada agrees to consult, when required, with Nunavut prior to any disclosure of such information. In the event of a request under Nunavut’s Access to Information and Protection of Privacy Act for information obtained from Canada under this Annex, Nunavut agrees to consult, when required, with Canada prior to any disclosure of such information. No consultation obligation referred to in this section will be construed as limiting any legal duty in respect of any disclosure referred to in this section.

9.0 Costs

9.1 Costs incurred by a party in carrying out its obligations under this Annex will be the responsibility of that party.

10.0 Information management

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

10.2 In accordance with the legislative, regulatory and policy requirements of their Employer, employees of both parties who access personal information provided by the other party under this Annex must obtain a personnel security screening level that is commensurate with the handling of personal information, in accordance with 5.1 above.  

10.3 The parties will ensure that only authorized personnel have access to and use of the personal information exchanged under this Annex and only as is required for the performance of their duties under this Annex.

10.4 The parties will investigate all cases where they have reasonable grounds to believe that any of the conditions set out in this Annex has been or is likely to be breached. This includes any cases where it is alleged, suspected, or there is evidence, that there has been unauthorized collection, access, use, disclosure, modification, disposal or destruction of the personal information exchanged under this Annex, modification of a permitted use, misuse, or breach of confidentiality, or any incident which might jeopardize or has jeopardized the security or integrity of the parties’ respective computer systems or networks used to access and transmit the personal information, as outlined in Appendix A to this Annex.

10.5 The parties will comply with their respective policies related to the conducting of Privacy Impact Assessments (PIA) and Threat and Risk Assessments (TRA) covering the exchange of personal information under this Annex. When one party is conducting a PIA or TRA, the other party will provide information upon request related to their policies and procedures for managing the personal information provided by the first party, in order to facilitate the completion of the assessment. When the PIA or TRA is completed, the parties agree to provide a copy of the relevant portions of the related reports to each other.

10.5.1 Where issues are identified in either the PIA or the TRA, the parties agree to work together to address the issues.

10.5.2 When an issue cannot be resolved to the satisfaction of the other party, it shall be referred to the Designated Officials, under section 17.2 of the LMDA.

10.6 The parties may periodically audit their respective information management practices and procedures in the context of this Annex, to ensure:

10.6.1 The methodology and format of such audits will be mutually agreed upon.

10.6.2 The parties agree to provide a copy of their respective audit reports and management/corrective action plans to each other.

10.6.3 Where deficiencies in a party’s information management practices affecting compliance with the requirements of section 10.1 or the security, confidentiality and integrity of information exchanged under this Annex are identified in an audit report, the party concerned shall take appropriate corrective action to remedy these deficiencies.

10.6.4 The parties agree to notify the other party of the actions taken to address any such deficiencies.

11.0 Accuracy of information

11.1 Each party will use its best efforts to ensure the completeness and accuracy of the personal information provided to the other under this Annex. However, it is understood and agreed that they cannot guarantee its accuracy and completeness and will, therefore, not be held responsible by the other party for any damage resulting from the transmission or use of any information that is inaccurate or incomplete.

12.0 Personal information collection, storage and access

12.1 Except as may be permitted by Nunavut’s Access to Information and Protection of Privacy Act (ATIPP Act), personal information (as defined therein) in Nunavut’s custody or under Nunavut’s control may only be stored or accessed in Canada.

12.2 Canada and Nunavut will cooperate to ensure that the provisions of Nunavut’s Access to Information and Protection of Privacy Act (ATIPP Act) are respected.

13.0 General

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

Appendix A – Privacy breach requirements

A.1 In the event of a security incident involving personal information or privacy breach, which for the purpose of this agreement includes unauthorized access to or collection, use, disclosure, deletion, disposal or destruction of information, the party responsible for the privacy breach shall:

A.2 Upon being notified, of an instance of unauthorized access, use, disclosure, modification, misuse or breach of confidentiality, or computer or network security breach, the party so notified may:

For ESDC

Director, EI Part II, Benefits and Measures
Skills Employment Branch
Employment Programs and Partnerships Directorate
Employment and Social Development Canada
Place du Portage, Phase IV
140 Promenade du Portage, Phase IV, Mailstop 424
Gatineau, Quebec
K1A 0J9
LMDA-SUPPORT-EDMT@hrsdc-rhdcc.gc.ca

And,

Director, Access to Information and Privacy
Employment and Social Development Canada
Place du Portage, Phase IV
140 Promenade du Portage
Gatineau, Québec
K1A 0J9

For Nunavut
Director,
Career Development Division,
Department of Family Services
P.O. Box 1000, Stn 980
Iqlauit, Nunavut
X0A 0H0

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