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Agreement to Amend the Canada-Prince Edward Island Labour Market Development Agreement

Information for reference

This text copy of the bilateral transfer agreement between the Government of Canada and Prince Edward Island 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

Between

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

And

The Government of Prince Edward Island (hereinafter referred to as "Prince Edward Island") as represented by the Minister of Workforce and Advanced Learning.
Hereinafter referred to as “the Parties”.

Preamble

Whereas the Parties executed the Canada-Prince Edward Island Labour Market Development Agreement (“Canada-Prince Edward Island LMDA”) on September 5, 2008;

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

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

Whereas Canada and Prince Edward Island recognize the importance of engaging and working with Aboriginal partners in developing the Prince Edward Island Workforce;

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

Whereas Canada and Prince Edward Island have agreed to continue making investments to support labour market programming that address Prince Edward Island's labour market priorities, meets the needs of job seekers and employers, strengthens the Prince Edward Island workforce and creates economic prosperity for Canadians;

Whereas Canada and Prince Edward Island agree that it is critical to implement strong performance measurement systems to track outcomes and demonstrate results to inform program and policy development;

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

Whereas evaluations indicate that early interventions are associated with positive impacts on earnings and employment for individuals who have participated in programs and services administered under the LMDAs;

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

Whereas Prince Edward Island also wishes to broaden eligibility for the assistance that it may provide under its similar benefits and measures effective April 1, 2018;

Therefore, the Parties agree to amend the Canada-Prince Edward Island LMDA, as amended from time to time, as follows:

Clauses

  1. The definitions of “EI client” and "Prince Edward Island Measure", in Article 1.2 are deleted and replaced by the following:

    "EI Client" means an unemployed person who, when requesting assistance under a Prince Edward Island Benefit or Prince Edward Island Measure:

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

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

    • organizations that provide employment assistance services;
    • 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
    • research and innovative projects to identify better ways of helping persons prepare for, return to or keep employment and be productive participants in the labour force;
  2. The following heading and articles are added after Article 2.4:

    2.01.0 Objectives, principles and areas of focus

    2.01.1 Canada and Prince Edward Island agree that the objectives of this Agreement include the following:

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

    2.01.2 Canada and Prince Edward Island agree to the principles of this Agreement as set out below:

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

    2.01.3 Canada and Prince Edward Island agree that to support flexibility in programming, eligible PEI Benefits and Measures funded under this Agreement will fall within any of the following areas of focus:

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

    3.2. For each Fiscal Year during which Prince Edward Island provides its PEI Benefits and Measures, Prince Edward Island will provide Canada's Designated Official on or about March 31 an Annual Plan which describes:

    • the labour market issues which Prince Edward Island intends to address during the coming Fiscal Year;
    • the array of PEI Benefits and Measures to be offered during the coming Fiscal Year;
    • the projected expenditures under each of the PEI Benefits and Measures during the coming Fiscal Year; and
    • a description of the consultation process referred to in Article 3.2.1, the type of groups consulted and annual priorities related to stakeholders' feedback, including a list of the stakeholders consulted and the main themes coming from the consultation.

    3.2.1 In developing each annual plan referred to in Article 3.2, Prince Edward Island agrees to consult with stakeholders, including organizations representing both employers and employees and official language minority communities in Prince Edward Island.

  4. Article 4.0 is deleted in entirety and replaced with the following heading and articles:

    4.0 Delegation of authority with respect to certain National Employment Services functions and cooperation on Labour Market Information

    4.1 Canada hereby authorizes Prince Edward Island to carry out and perform the functions of the National Employment Service described in section 2 of Annex 2 entitled "National Employment Service Functions and Labour Market Information".

    4.1.1 The Parties' respective roles and responsibilities in respect of the delegated functions of the National Employment Service referred to in Article 4.1 are described in section 2 of Annex 2.

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

  5. Article 8.0 is deleted entirely and replaced with the following headings and articles:

    8.0 Indicators for measuring results of PEI Benefits and Measures and Annual Results Targets and Reporting

    8.1 The Parties agree:

    • that results measurement and reporting respecting the contribution payable to Prince Edward Island under Article 14 will be consistent with the process described in Annex 4 entitled “Performance Measurement Strategy and Targets”;
    • to use the results indicators set out in Annex 4 for measuring the results of the PEI Benefits and Measures; and
    • to set annual results targets for the results indicators in accordance with Annex 4.

    8.2 On or about October 1 following the end of each Fiscal Year during the period of this Agreement, Prince Edward Island agrees to share with Canada an Annual Report describing the results of the PEI benefits and measures achieved in the Fiscal Year based on the requirements set out in Annex 4 to this Agreement entitled “Performance Measurement Strategy and Targets”.

  6. The following heading and Article are added after Article 14B:

    Targeted six-year increase in contribution to costs of PEI Benefits and Measures

    14C Notwithstanding anything in Article 14, in each of fiscal years 2017-2018 to 2022-2023, Canada agrees to increase the maximum contribution payable to Prince Edward Island under Article 14, based on an allocation methodology that takes into account Prince Edward Island's share in the national totals of the following two variables, which will be updated on an annual basis:

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

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

    ( (A × 0.5) + (B × 0.5) ) * C

    where:

    A is the number of EI Part I claims with regular benefits paid in Prince Edward Island, divided by the number of EI Part I claims with regular benefits paid in Canada, determined on the basis of data obtained and prepared by Canada for the purpose of the Monitoring and Assessment Report according to Article 11, to be released at the beginning of the fiscal year for which the amount of the increase is calculated;

    B is the average number of unemployed workers in Prince Edward Island, divided by the average number of unemployed workers in Canada calculated on the basis of the Labour Force Survey published by Statistics Canada for each month during the fiscal year of the Monitoring and Assessment Report used to determine the value of "A"; and

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

  7. Article 14.0 is further amended by adding the following article after Article 14.1:

    14.11 Notwithstanding Article 14C and Article 14.7, Prince Edward Island may use up to 10% of the additional amount of Canada's contribution provided under Article 14C towards administration costs for each of fiscal years 2018-2019 and 2019-2020, if the total contribution to Prince Edward Island towards administration costs under Article 14.7 for the previous Fiscal Year was less than 30% of the maximum contribution amount towards the costs of PEI Benefits and Meausres under Article 14.0 for the previous fiscal year.

  8. Article 16 is amended by adding the following after Article 16.3:

    16.4 For Fiscal Year 2017-2018, Canada will make payment of its additional contribution to Prince Edward Island under Article 14Cfor that Fiscal Year in one lump sum payment.

  9. Article 16 is deleted in entirety and replaced by the following articles:

    16.0 Payment procedures

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

    16.1.2 The first installment will be an amount equal to fifty percent (50%) of the total amount of Canada's maximum contribution for the Fiscal Year based on the amount of Canada's maximum contribution to Prince Edward Island for the Fiscal Year towards the costs of the Prince Edward Island Benefits and Measures and towards Administration Costs

    16.1.3 The amount of the second installment will be an amount equal to the balance of Canada's total contribution to Prince Edward Island for the Fiscal Year towards the costs of the Prince Edward Island Benefits and Measures and towards Administration Costs.

    16.2 Canada shall withhold payment of its first installment for the Fiscal Year if Prince Edward Island has failed to provide its Annual Plan in accordance with Article 3.2 until such time as the Annual Plan is provided.

    16.3 Canada shall withhold payment of its second installment for the Fiscal Year if Prince Edward Island has failed to provide its financial report in relation to the previous Fiscal Year in accordance with Article 18 and the Annual Report in accordance with Articles 8.2 until such time as the financial report and Annual Report are provided.

  10. Article 18 is deleted in entirety and replaced by the following heading and articles:

    18.0 Financial accountability

    18.1 For Fiscal Year 2017-2018, and for each Fiscal Year thereafter during the term of this Agreement, Prince Edward Island will submit to Canada on or about June 30 for the previous Fiscal Year a financial report containing:

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

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

    18.3 Prince Edward Island's use of Canada's additional contribution provided under Article 14.11 towards administration costs for fiscal years 2018-2019 and 2019-2020 shall be included in the audited financial statement prepared in accordance with Article 18.0.

  11. Article 21.0 is deleted in entirety and replaced by the following articles:

    21.0 Designated Officials

    21.1 For the purposes of this Agreement, the Senior Assistant Deputy Minister of Skills and Employment Branch of Employment and Social Development Canada is the Designated official for Canada, and the Director, SkillsPEI, Workforce and Advanced Learning is the Designated official for Prince Edward Island.

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

    21.3 Designated Officials, or their designates, shall be responsible for:

    • ensuring the implementation and the effective administration of this Agreement;
    • chairing and determining the membership and terms of reference for the Workforce Development Committee;
    • reviewing Prince Edward Island's Annual Plan and results targets, and annual report;
    • approving and signing the Annual Annexes as outlined in Article 17;
    • overseeing evaluation responsibilities outlined in Article 9;
    • approving and signing any amendments to the Annexes to the LMDA made pursuant to Article 24;
    • ensuring an integrated approach to labour market programming by maintaining linkages with any joint committees and planning processes established under any other Canada-Prince Edward Island Agreement related to the labour market that has been, or may be, entered into between the Parties;
    • developing measures referred to in Article 12 for ensuring employment insurance program integrity;
    • identifying potential improvements to the Agreement, and making or recommending such changes as may be required;
    • providing each other with advance notice of any legislative or regulatory proposal that could have implications on the other Party, whenever possible;
    • coordinating joint efforts to create an innovative, integrated and cost-effective system of labour market programs and services in Prince Edward Island, improving the quality and accountability of government services to the public, and, to the extent possible, reducing unnecessary overlap and duplication in their respective Governments' labour market development programs;
    • resolving issues that may arise from the implementation and management of this Agreement; and
    • other matters as they may agree on.

    21.4 Designated officials, or their designates, will meet twice annually or as otherwise required to fulfill their responsibilities identified in Article 21.3.

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

  12. The following heading and articles are added after Article 21.4:

    21.01.0 Workforce Development Committee

    21.01.1 Canada and Prince Edward Island agree to maintain a bilateral Canada- Prince Edward Island Joint Committee to be known as the Workforce Development Committee.

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

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

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

    • Administration and management of the Agreement, including providing a forum for the exchange of information on annual planning priorities and reporting;
    • Exchanging information on regional or local labour market challenges and priorities and the results of engagement with other relevant stakeholders, including official languages and minority communities;
    • Providing a forum to exchange information on best practices and have discussions related to the implementation of the Agreement;
    • Providing a forum for discussing regional issues and ways to better coordinate the delivery of federal and Prince Edward Island programs; and
    • Sharing information on innovative labour market programs and policies as well as broader developments in the labour market and bilateral issues that may fall outside the parameters of this Agreement.
  13. Article 26 is amended by adding the following article after Article 26.1:

    6.2 This Agreement, including Annexes 1 to 5 and the Annual Annexes, comprise the entire Agreement entered into by the Parties with respect to the subject matter hereof.

  14. Annex 1 entitled “Description of Prince Edward Island Benefits and Measures” is amended by deleting the description of Prince Edward Island's "Employment Assistance Services" measure in section 4.0 a. and replacing it with the following:
    • Employment Assistance Services

    This measure will provide funding to support organizations to assist individuals throughout the province in preparing for, obtaining, and maintaining employment. Services may include employment counseling, career planning, personal and professional development, job search training, labour connections and provision of labour market information.

  15. Annex 1 entitled “Description of Prince Edward Island Benefits and Measures” is further amended by replacing the description of Prince Edward Island's "Labour Market Partnerships" measure in section 4.0 b. by the following:
    • Labour Market Partnerships

    This measure will provide support to 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. This measure may be used to provide assistance for employed persons who are facing loss of employment, or needing that assistance to maintain their employment.

  16. Annex 2 entitled “National Employment Service function and cooperation on Labour market” is replaced in its entirety by a new Annex 2 entitled “National Employment Service functions and Labour Market Information” which is included under Schedule 1 to this amending Agreement.
  17. Annex 4 entitled “Indicators for measuring results of PEI benefits and measures and annual results targets and reporting” is replaced in its entirety by a new Annex 4 entitled “Performance Measurement Strategy and Targets” which is included under Schedule 2 to this amending Agreement.
  18. Annex 5 entitled “Exchange of information and data sharing arrangements” is replaced in its entirety by a new Annex 5 entitled “Canada-Prince Edward Island Exchange of Information and Data Sharing Arrangements” which is included under Schedule 3 to this amending Agreement.
  19. The Parties agree that no part of this Amending Agreement will have an impact on how Canada allocates the current Employment Insurance funding ($1.95 billion per year) when determining the maximum annual amount of contributions paid to Prince Edward Island, in accordance with Article 14 of the Canada-Prince Edward Island LMDA. The Parties acknowledge that the current method set out in Article 14.0 of the Canada-Prince Edward Island LMDA for allocating the current $1.95 billion to the provinces and territories is the allocation method described in the letter dated June 26, 1996, from the Deputy Minister of the Department of Human Resources Development to the Deputy Minister of Economic Development and Tourism.
  20. For the purpose of facilitating early intervention with EI clients, Prince Edward Island agrees to implement and use Canada's Targeting, Referral and Feedback system no later than March 31, 2020. The federal arrangements required to implement this system are detailed in Annex 5 of the Canada-Prince Edward Island LMDA entitled “Canada – Prince Edward Island Exchange of Information and Data Sharing Arrangements”.
  21. The payment of Canada's additional contribution for Fiscal Year 2017-2018 referred to in Article 8 of this amending Agreement will be paid to Prince Edward Island as soon as possible after the Parties have signed this Amending Agreement.
  22. In all other respects, the Canada-Prince Edward Island LMDA shall remain unchanged.
  23. This amending Agreement shall be read together with the Canada- Prince Edward Island LMDA as amended from time to time and takes effect as if its provisions were part of the Canada- Prince Edward Island LMDA.
  24. Articles 1, 9, 14 and 15 of this Amending Agreement will come into force on April 1, 2018.
  25. Prince Edward Island agrees and recognizes that for Fiscal Year 2017-2018, Canada's contribution will only be paid to Prince Edward Island for Costs of PEI Benefits and Measures as defined in the Canada-Prince Edward Island LMDA on April 1, 2017. Prince Edward Island further agrees and recognizes that Costs of PEI Benefits and Measures for an EI Client will only be eligible for a contribution under the Canada-Prince Edward Island LMDA starting in Fiscal Year 2018-2019 and subsequent Fiscal Years once Articles 1, 9, 14 and 15 of this Amending Agreement are in force on April 1, 2018.
  26. All other articles of this amending Agreement will come into force once it has been signed by both Parties.

Signed on behalf of Canada

in Gatineau

this 27 day of March 2018

______________________
The Honourable Jean-Yves Duclos

Minister of Employment and Social Development styled as the Minister of Families, Children and Social Development

______________________
Louise Levonian

Chairperson, Canada Employment
Insurance Commission

Signed on behalf of Prince Edward Island

In Wellington

this 26 day of March 2018

______________________
The Honourable Sonny Gallant
Minister of Workforce and Advanced Learning

Schedule 1

Annex 2 – National Employment Service functions and Labour Market Information

1.0 Purpose

1.1 The purpose of this Annex is to set out:

2.0 National employment service – Functions delegated to Prince Edward Island

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

2.1 Pursuant to Article 4.0 of the Agreement Prince Edward Island agrees to perform the following functions:

2.2 In performing these functions, Prince Edward Island shall:

2.3 Canada shall:

2.4 Canada and Prince Edward Island agree to participate in an annual discussion on plans and priorities for future changes and enhancements to Job Bank and labour exchange services.

3.0 Labour market information

3.1 Canada and Prince Edward Island 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.

Schedule 2

Annex 4 – Performance Measurement Strategy and Targets

1.0 Purpose

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

2.0 Performance Measurement Strategy

Canada and Prince Edward Island recognize the importance of performance measurement for tracking the progress of insured and non-insured participants of labour market programs; and for reporting to the public on results achieved under this Agreement.

Pursuant to Article 8.1 of the Agreement, the Parties agree to the following Performance Measurement Strategy.

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

2.1 Governance

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

To plan and carry out evaluation activities for the programs funded under this Agreement, the Parties agree to work together through the Joint Evaluation Committee as described in Article 9.6 of the Agreement.

2.2 Performance Measurement

Prince Edward Island agrees to collect and compile the performance indicator information set out in this annex. Performance indicator information includes:

2.3 Performance Indicators

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

2.4 Annual Annex – Targets and target-setting

2.4.1 Canada and Prince Edward Island 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 PEI Benefits and Measures. Canada and Prince Edward Island agree that the results targets for the first Fiscal Year of implementation of the PEI Benefits and Measures will be soft targets.

2.4.2 Canada and Prince Edward Island agree that the following indicators are to be used in measuring the results of the PEI Benefits and Measures:

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

2.5 Personal information

The nature of the exchange of personal information is detailed in Annex 5, entitled “Canada-Prince Edward Island Exchange of Information and Data Sharing Arrangements”.

2.6 Reporting

2.7 Implementation

Where circumstances prevent full implementation by April 1, 2019, Prince Edward Island will substantially implement the performance measurement strategy by April 1, 2019.

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

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

2.8 Data sharing

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

Schedule 3

Annex 5 – Canada-Prince Edward Island Exchange of Information and Data Sharing Arrangements

1.0 Purpose

1.1 The purpose of this Annex to the Canada-Prince Edward Island Labour Market Development Agreement (the Agreement) is to provide for the exchange of information, including personal information, as defined in section 3 of Canada's Privacy Act and section 1 of Prince Edward Island's Freedom of Information and Protection of Privacy Act (FOIPP Act), 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 Prince Edward Island 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 Prince Edward Island for the purposes set out in Section 3. In this regard:

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

Prince Edward Island's Authorities:

2.3 With respect to the personal information to be provided by Prince Edward Island to Canada under Section 4 of this Annex, Prince Edward Island confirms that it is authorized under section 40 of Prince Edward Island's FOIPP Act to provide such information to Canada for the purposes set out in Section 4.

2.4 With respect to the information to be collected by Prince Edward Island from Canada under Section 3 of this Annex, Prince Edward Island confirms that it is authorized under paragraph 31(c) of the FOIPP Act to collect such personal information from Canada for the purposes set out in Section 3.

3.0 Information to be provided by Canada to Prince Edward Island

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

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

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

3.3 Canada will provide to Prince Edward Island on a quarterly basis any or all of the following personal information under its control on all EI client and non-EI clients who have received assistance from Prince Edward Island under Prince Edward Island programs, for use by Prince Edward Island for: the review, analysis and verification of the data calculated/held by Canada; planning, delivery and administration of Prince Edward Island programs; and for monitoring, assessing, evaluating and reporting about the effectiveness of the assistance provided. This information will be provided in a mutually agreed upon format.

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

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

3.5 Canada will provide to Prince Edward Island, when requested by Prince Edward Island and based on the selection criteria identified by Prince Edward Island, on a per individual basis, any or all of the following personal information under its control from an individual's file for the purpose of assisting Prince Edward Island in contacting EI applicants who may be interested in receiving assistance under Prince Edward Island's programs funded under this Agreement, in order to facilitate their return to work:

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

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

3.7 Prince Edward Island 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 Prince Edward Island 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 Prince Edward Island 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 Prince Edward Island under Prince Edward Island programs funded under this Agreement, Canada will provide to Prince Edward Island 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 Prince Edward Island 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 Prince Edward Island, when requested by Prince Edward Island, 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 an Prince Edward Island program, to assist Prince Edward Island in communicating with the client and/or in determining whether any revisions to Prince Edward Island financial assistance are required:

4.0 Information to be provided by Prince Edward Island to Canada

4.1 Prince Edward Island 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 Prince Edward Island's benefits and measures, for the purposes of establishing and verifying if the individual qualifies as an EI client:

4.2 Prince Edward Island 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 Prince Edward Island programs for the following purposes:

4.3 Where available, Prince Edward Island 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 Prince Edward Island under Prince Edward Island's programs which Canada is required to do under Articles 9 and 11 of this Agreement:

The above information will be updated by Prince Edward Island on a quarterly 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 Prince Edward Island programs funded under this Agreement, Prince Edward Island will provide to Canada upon written request on a per individual basis, any or all, if available, of the following personal information under its control about an individual:

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

4.6 Following amendments to Canada's EI Act, Prince Edward Island 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 an Prince Edward Island 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 Prince Edward Island in communicating with the individual and/or in determining whether any revisions to Prince Edward Island financial assistance are required:

4.7 Prince Edward Island will provide to Canada the following personal information under its control on the results of Prince Edward Island's efforts to contact the clients identified by Canada under Section 3.5 of this Annex, for the purpose of assisting Canada in assessing the impact of those efforts in facilitating the client's return to work, and verifying the client's ongoing eligibility for, or entitlement to, insurance benefits (for the purposes of sections 25 and 27 of the EI Act):

5.0 Security requirements for user identity and access management

5.1 In the context of allowing an Prince Edward Island employee to access Canada's systems and personal information held by Canada, Prince Edward Island will provide to Canada a written description of its policies and procedures relating to performing and managing Personnel Security Screening Checks (PSSC) when assigning an employee to a position that deals with personal information.

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

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

5.4 Prince Edward Island will conduct PSSC of their employees and contractor's employees based on standards similar or equivalent to those of the Government of Canada. Prince Edward Island PSSC will include a nation-wide criminal records check. Once Prince Edward Island has completed the PSSC for its own or a contractor's employees, Prince Edward Island will retain a copy of the PSSC and the individual's signed written consent to initiate the PSSC.

5.5 Prince Edward Island will provide an annual attestation that a valid PSSC for each of their employees is on file and that any risks identified during the screening process have been discussed with the other party prior to granting access. Prince Edward Island will retain, and upon request will provide to Canada, the following personal and non-personal information under its control for each Prince Edward Island employee who requires access to Canada's systems and information, and who has completed the PSSC:

5.6 Once a Personnel Security Screening Level has been granted, it remains valid for 10 years, provided there has not been a break in employment for a period of more than 1 year. Prince Edward Island will conduct a new Personnel Security Screening Check for their Authorized Users at least every 10 years (or more frequently, if required under Prince Edward Island's policy), in order to update the Personnel Security Screening Level of their Authorized Users. ESDC may suspend system access for Authorized Users whose Personnel Security Screening Level expires, until such time as their Personnel Security Screening Level is renewed.

5.7 Prince Edward Island will promptly inform Canada when an Prince Edward Island employee ceases to need access to any of Canada's systems.

6.0 Information protection and security

6.1 All personal information obtained under this Agreement shall be collected, used, maintained, stored, retained, disclosed, destroyed or disposed of and otherwise administered and protected in accordance with all applicable legislation. Personal Information is to be safeguarded at a high level of protection to ensure the integrity, privacy and security of the disclosure process.

6.2 In the event of a breach or incident involving personal information that was accessed or collected from the other party, the party responsible for the privacy breach or incident will promptly notify the other party and follow the process described in Appendix A.

7.0 Mode of information exchange

7.1 Canada and Prince Edward Island agree to enter into a separate service level agreement outlining systems requirements.

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

7.3 Canada and Prince Edward Island 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 Prince Edward Island may request improvements to Canada's applications used by Prince Edward Island. 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 Prince Edward Island, 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 Prince Edward Island 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 Prince Edward Island 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 Prince Edward Island shall not, in respect of any personal information they obtain from each other under this Annex:

8.3 Canada and Prince Edward Island 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 Prince Edward Island 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 centre (servers) and network services.

8.6 Prince Edward Island acknowledges that it is an offence under section 42 of 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 that Act. This provision applies to employees of Prince Edward Island as well as employees of ESDC and third Parties to whom the information is disclosed.

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

9.0 Costs

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

10.0 Information management

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

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

10.3 The Parties will comply with their respective policies related to the conducting of privacy impact assessments (PIA) and threat and risk assessments (TRA) covering the exchange of personal information under this Annex. When one party is conducting a PIA or TRA, the other party will provide information upon request related to their policies and procedures for managing the personal information provided by the first party, in order to facilitate the completion of the assessment. When the PIA or TRA is completed, the Parties agree to provide a copy of the relevant portions of the related reports to each other.

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

10.3.2 When an issue cannot be resolved to the satisfaction of the other party, it shall be referred to the Designated officials, under Article 21.5 of this Agreement.

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

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

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

10.4.3 Where deficiencies in a party's information management practices affecting compliance with the requirements of Section 8.1 or the security, confidentiality and integrity of information exchanged under this Annex are identified in an audit report, the party concerned shall take appropriate corrective action to remedy these deficiencies.

10.4.4 The Parties agree to notify the other party of the actions taken to address any such deficiencies.

11.0 Accuracyof 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 Prince Edward Island'sFOIPP Act, personal information (as defined therein) in Prince Edward Island's custody or under Prince Edward Island's control may only be stored or accessed in Canada.

12.2 Canada and Prince Edward Island will cooperate to ensure that the provisions of Prince Edward Island's FOIPP Actare 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

For Prince Edward Island

Deputy Minister
Workforce and Advanced Learning
P.O. Box 2000, 105 Rochford Street
Charlottetown, PE
C1A 7N8

And to (if applicable)

Provincial Manager
Access and Privacy Services
Justice and Public Safety
P.O. Box 2000, 105 Rochford Street
Charlottetown, PE
C1A 7N8

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