Canada – Saskatchewan Labour Market Development Agreement

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Recitals

Annexes

Between

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

And

The Government of Saskatchewan (Saskatchewan), as represented by the Minister of Post-Secondary Education and Skills Training.

Recitals

Whereas Saskatchewan has recently developed the Saskatchewan Training Strategy: Bridges to Employment to direct the creation of a coherent, effective and sustainable training system for the province which will increase and facilitate access to services, and to strengthen and enhance linkages between the Saskatchewan labour market, skills development and career and employment services;

Whereas Canada and Saskatchewan recognize the importance of skills development and its link to employment and enhanced economic and social development;

Whereas Canada and Saskatchewan give the highest priority to the integration of the unemployed into the workforce and are committed to providing high quality, effective and efficient labour market development programs and services to the people of Saskatchewan;

Whereas Canada and Saskatchewan agree on the importance of achieving, measuring, monitoring, assessing and evaluating results of programs and services that develop the skills and provide the opportunities required to help unemployed and under employed people of Saskatchewan get and keep jobs;

Whereas Canada and Saskatchewan recognize that each government exercises responsibilities in the area of labour market development, and seek to clarify roles and responsibilities in ways that improve the quality and accountability of government services to the public;

Whereas Canada and Saskatchewan recognize there are clients who may not be eligible for financial assistance under the Employment Insurance Act and who have labour market development needs, and Canada and Saskatchewan agree to explore the potential for better coordination of programs overall;

Whereas Canada and Saskatchewan recognize the value in coordinating local, provincial and national labour market and labour exchange information;

Whereas nothing in this Agreement shall abrogate or derogate from existing Aboriginal and Treaty rights of the Aboriginal peoples of Canada;

Whereas Canada acknowledges that labour market training greatly enhances the mobility and employability of workers and is an area of provincial responsibility;

Whereas Canada's Minister of Human Resources Development presented to all provinces on May 30, 1996 a proposal on labour market development;

Whereas in keeping with provincial economic and social policy objectives, Saskatchewan desires at this time to enter into an agreement with Canada with respect to the May 30, 1996 proposal, based on the advancement of a skilled workforce relevant to Saskatchewan's labour market, enhanced access and support for all Saskatchewan residents, and the creation of a coherent, effective and sustainable delivery system;

Whereas section 63 of the Employment Insurance Act authorizes the Canada Employment Insurance Commission, with the approval of Canada's Minister of Human Resources Development, to enter into an agreement with Saskatchewan to provide for the payment of contributions towards:

  1. the costs of provincial programs provided by Saskatchewan 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
  2. the administration costs that Saskatchewan incurs in providing those provincial programs;

Whereas the provincial programs described in Annex 1 entitled "Framework of Provincial Programs" to be provided in accordance with this Agreement, as amended from time to time with the agreement of Canada, are, or will be, similar to the employment benefits and support measures established by the Commission under Part II of the Employment Insurance Act, and consistent with the purpose and guidelines of Part II of that Act;

Whereas Canada's Minister of Human Resources Development has approved the entering into, by the Commission, of an agreement with Saskatchewan to make contributions towards the costs of providing those provincial programs and the associated administration costs;

Whereas with respect to the desire of Saskatchewan to carry out on behalf of the Canada Employment Insurance Commission certain functions of the National Employment Service, the Commission may, under section 31(3) of the Department of Human Resources Development Act, authorize any person or body to exercise functions of the Commission;

Whereas with respect to other areas of cooperation between Canada and Saskatchewan covered by this Agreement, Canada's Minister is authorized to enter into this Agreement under section 20 of Canada's Department of Human Resources Development Act;

Whereas pursuant to subsection 4(2) of The Federal-Provincial Agreements Act SS F-13 the financial arrangements of this Agreement have been approved by the Minister of Finance and the terms of this Agreement have been approved by the Lieutenant Governor in Council;

Whereas Saskatchewan's Minister of Post-Secondary Education and Skills Training (hereafter "PSEST") is authorized to enter into this Agreement on behalf of Saskatchewan by Order In Council No. 50 /1998 made under sections 3,4 and 5 of The Federal-Provincial Agreements Act SS F-13;

Now, therefore, the parties do hereby mutually agree as follows:

1.0 Purpose and scope of this agreement

1.1 The purpose of this agreement is to implement, within the scope of Part II of the Employment Insurance Act and in a manner complementary to the Saskatchewan Training Strategy: Bridges to Employment, new arrangements in the area of labour market development that will enable Saskatchewan to assume an expanded role in the design and delivery of employment programs and services in Saskatchewan.

1.2 Canada retains responsibility for the delivery of insurance benefits under Part I of the Employment Insurance Act, and for the national aspects of labour market development such as, but not limited to, activities responding to national emergencies, the promotion and support of national sectoral councils, the operation of the national labour market information and national labour exchange systems, and innovative projects designed to test new approaches to improving the functioning of the labour market in Canada.

2.0 Interpretation

2.1 In this Agreement, unless the context requires otherwise,

Act refers to the Employment Insurance Act, S.C. 1996, c.23;

active EI claimant, means an individual for whom an employment insurance benefit period is established under the Act;

administration costs refers to the costs of administration incurred by Saskatchewan in providing the provincial programs;

annual Annex means the annual Annex referred to in section 6.5 (b);

annual report means the annual report outlined in section 16.1;

annual plan means the annual plan outlined in section 3.4;

clients means the employed, the unemployed and the underemployed, and includes such groups as apprentices, older workers, youth, social assistance recipients, and persons who are members of underrepresented groups in the labour market (people with disabilities, Aboriginal people, visible minorities);

Commission means the Canada Employment Insurance Commission;

costs of the provincial programs means the costs of financial assistance or other payments provided by Saskatchewan under provincial programs to persons and organizations that are eligible for assistance under those programs. In the case of provincial programs similar to employment benefits established under section 59 of the Act, the costs are limited to:

  1. the costs of financial assistance provided under the provincial programs of Saskatchewan directly to EI clients, and
  2. the costs of financial assistance or other payments provided by Saskatchewan under the provincial programs 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.

In the case of provincial programs that are similar to the support measures established by the Commission under subsection 60(4) of the Act, access to assistance provided under those programs is not restricted to EI clients and, it is understood, therefore, that the costs of those provincial programs that are eligible for reimbursement under this Agreement are not restricted to costs incurred only in relation to the provision of assistance to EI clients;

designated officials means the officials designated by the parties under section 6.6;

EI client means an insured person who, when requesting the assistance under a provincial program, is an unemployed person:

  1. for whom a benefit period is established under the Act or whose benefit period has ended within the previous 36 months; or
  2. for whom a benefit period has been established in the previous 60 months and who:
    1. was paid special benefits under section 22 or 23 of the Act during the benefit period,
    2. subsequently withdrew from active participation in the labour force to care for one or more of their new-born children or one or more children placed with them for the purpose of adoption, and
    3. is seeking to re-enter the labour force.

employment benefits is a term used in the Act to refer specific types of employment programs that the Commission has established under section 59 of the Act. The term benefits is used in section 63 of the Act in reference to provincial programs that are eligible for funding by the Commission provided they are similar to the Commission's employment benefits and are consistent with the purpose and guidelines of Part II of the Act;

fiscal year means the period from April 1 of a calendar year to March 31 of the following calendar year;

Management Committee means the committee established under section 6.0;

mutual client means an individual who is an EI client and who is an applicant for, or in receipt of, assistance under a provincial program such as Youth Futures, disability benefits, or income assistance;

National Employment Service (NES) means a service maintained by the Canada Employment Insurance Commission under sections 60(1) and (2) of the Employment Insurance Act for the purpose of providing information to assist workers to find suitable employment and employers find suitable workers;

provincial programs means the programs referred to in section 3.0 and described in Annex 1, as amended from time to time;

support measures is a term used in the Employment Insurance Act to refer to employment programs that the Canada Employment Insurance Commission has established under subsection 60(4) of the Act. The term "measures" is used in section 63 of the Act in reference to provincial programs that are eligible for funding by the Commission provided they are similar to support measures established by the Commission and consistent with the purpose and guidelines of Part II of the Act;

Transition Period means the period between the date of signing of this Agreement and the date on which the transfer of employees of Canada to Saskatchewan under section 12 is completed.

3.0 Provincial programs

3.1 Saskatchewan will provide the provincial programs described in the Annex 1 to this Agreement, which, the Commission is satisfied, are similar to employment benefits and support measures established by the Commission and consistent with the purpose and guidelines of Part II of the Act.

3.2 Saskatchewan will begin providing the provincial programs on April 1, 1998 or at such later date agreed to by both parties.

3.3 Subject to Section 3.4, Saskatchewan agrees to provide to Canada on or before each January 1 a plan (the annual plan) which describes:

  1. the labour market issues which Saskatchewan intends to address during the next three year fiscal period;
  2. the array of provincial programs to be offered during the coming fiscal year;
  3. the projected allocation of funds for expenditures for each provincial program for the coming fiscal year; and,
  4. the expected annual result targets for Provincial Programs.

3.4 For fiscal year 1998-99, Saskatchewan shall provide its annual plan as soon as possible after the signing of this Agreement.

3.5 Saskatchewan may make ongoing modifications to the design of its provincial programs and may add new provincial programs to ensure responsiveness to client needs, labour market conditions and evaluation findings provided the modified or new provincial programs are similar to the employment benefits and support measures that have been established by the Commission and are consistent with the purpose and the guidelines of Part II of the Act. Any changes to provincial programs will be tabled with the Management Committee for its review. Such additions and modifications will be set out in amendments to Annex 1.

3.6 Where any question arises as to whether any new or modified provincial program is similar to the employment benefits and support measures established by the Commission or consistent in relation to the guidelines and purpose of Part II, it shall be referred to the designated officials for determination.

3.7 Saskatchewan shall not require any minimum period of residency in Saskatchewan on the part of an individual as a condition of access by that individual to assistance under a provincial program supported by Canada under this Agreement.

3.8 Saskatchewan will serve EI clients based on the targets set by the Management Committee under this Agreement. At least 65% of EI clients who access provincial programs will be active EI claimants.

3.9 To facilitate the coordination of the provision of assistance to active EI claimants by Saskatchewan under its provincial programs and services, with the payment by Canada of insurance benefits to those EI claimants by virtue of section 25 of Part I of the Act, the Commission, pursuant to subsection 31(3) of Canada's Department of Human Resources Development Act, hereby authorizes the Minister of Post-Secondary Education and Skills Training to exercise the Commission's power to designate authorities in Saskatchewan who may, for the purposes of section 25 of the Act, refer active EI claimants to:

  1. courses or programs of instruction or training which the claimant is attending at his or her own expense under provincial programs; or
  2. any other employment activity for which assistance has been provided for the claimant under provincial programs similar to the Commission's Job Creation Partnerships and Self-Employment employment benefits.

3.10 Saskatchewan shall give 30 days advance notice to Canada of its intention to designate a referral authority for the purposes of section 25 of the Act in order that Canada may make necessary administrative arrangements with the referral authority to ensure timely and proper payment of insurance benefits to referred active EI claimants under section 25 of the Act.

3.11 Authorities designated by Saskatchewan may include staff of the Department of Post-Secondary Education and Skills Training and of other departments of the Government of Saskatchewan, as well as third parties in Saskatchewan.

4.0 Delegation of authority to Saskatchewan with respect to certain National Employment Service functions

4.1 Saskatchewan's Department of Post-Secondary Education and Skills Training is hereby authorized to carry out on behalf of the Commission, the functions of the National Employment Service (NES) described in Annex 2 of this Agreement entitled "National Employment Service Functions".

4.2 Canada and Saskatchewan agree that labour market planning and information product development are central to meeting labour market development objectives, strategies and priorities.

Therefore, Canada and Saskatchewan agree to build upon the work undertaken within the Canada-Saskatchewan Strategic Initiatives Agreement. Both parties agree to collaborate in establishing effective links between the parties to facilitate and coordinate the operation of their local, regional, provincial, and national labour market exchange systems, sectoral activities and the production and dissemination of local, sectoral, provincial, and national labour market information.

4.3 Saskatchewan agrees to give priority access to the screening and counselling functions of the National Employment Service to active EI claimants.

5.0 Service to clients

5.1 The parties agree that in the administration of the provincial programs and in carrying out the functions of the National Employment Service, Saskatchewan will be guided by the following principles respecting service to clients:

  1. provide convenient access to provincial programs and services;
  2. provide courteous, empathetic and timely service;
  3. provide flexible and innovative approaches to labour market and community needs;
  4. optimize individual potential and human dignity; and
  5. achieve measurable results within a well-defined framework of accountability.

5.2 Saskatchewan will ensure that availability of assistance under its provincial programs and with respect to the functions of the National Employment Service for which it is assuming responsibility is in either official language where there is significant demand for assistance in that language. In those areas where there is significant demand, Saskatchewan will also actively offer its services in either official language.

5.3 In determining areas of Saskatchewan where, for the purposes of section 5.2, there would be considered to be a "significant demand", Saskatchewan will 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 Regulations made pursuant to Canada's Official Languages Act.

5.4 Saskatchewan will consult with representatives of the Francophone community in Saskatchewan on the provision of French-language labour market development programs and services under this agreement.

6.0 Management arrangements

Establishment of a management committee

6.1 Canada and Saskatchewan agree to establish a Management Committee to oversee the implementation and the effective administration and management of this Agreement.

6.2 The Management Committee will be composed of an equal number of representatives of Canada and Saskatchewan. It will be co-chaired by the Regional Executive Head for HRDC, Saskatchewan, or his/her designate, and the Deputy Minister of Post-Secondary Education and Skills Training, or his/her designate. Other members may be appointed by each co-chair, as appropriate.

6.3 Decisions of the Management Committee will be by consensus. If consensus cannot be reached, then the issue(s) will be referred to the Minister of Human Resources Development and the Saskatchewan Minister of Post-Secondary Education and Skills Training.

6.4 Whenever possible, Canada and Saskatchewan will provide each other with advance notice of any legislative or regulatory proposal that could have implications on the other party. Annual results targets and service levels of provincial programs for EI clients will reflect any changes to federal legislation or regulations related to this Agreement.

Responsibilities of the management committee

6.5 The Management Committee will meet as required and be responsible for:

  1. establishing an Implementation Secretariat to address implementation issues during the Transition Period including:
    1. the completion of an inventory of assets in accordance with section 15,
    2. the establishment of mechanisms and other committees as may be required to ensure a smooth transition from Canada's delivery of employment benefits and support measures to the delivery of the provincial programs by Saskatchewan;
  2. overseeing the development of, and approving an annual Annex to the Agreement which shall set out:
    1. the agreed annual results targets for the coming fiscal year;
    2. the three-year projection of Canada's annual allocations for contributions towards the costs of provincial programs;
    3. the actual amount of Canada's contribution toward the costs of provincial programs in the coming year as determined pursuant to section 13.0 (Financial Arrangements);
  3. overseeing evaluation responsibilities outlined in section 9.0, and approving an evaluation framework;
  4. reviewing and providing direction to resolve issues arising from the implementation and management of this Agreement, and from the evaluation of provincial programs supported under this Agreement;
  5. reviewing the annual report;
  6. reviewing Saskatchewan's annual plan;
  7. carrying out the powers, duties and functions of the Management Committee specified elsewhere in this Agreement or such additional powers, duties, functions as designated officials may assign to it under section 6.6 to accomplish the objectives of this Agreement;
  8. in accordance with section 11.0, developing measures for detecting and controlling abuse and determining how and by whom these measures should be carried out; and
  9. establishing other planning mechanisms and other committees as may be required to assist in the effective implementation of this Agreement.

Designated officials

6.6 For the purposes of this Agreement, the Regional Executive Head for HRDC, Saskatchewan is the designated official of Canada, and the Deputy Minister of Post-Secondary Education and Skills Training is the designated official for Saskatchewan.

6.7 The designated officials will assign responsibilities to the Management Committee, approve the implementation framework and resolve issues of the Management Committee.

7.0 Delivery arrangements

7.1 The provincial programs and the delegated functions of the National Employment Service, will be provided by Saskatchewan through its Department of Post-Secondary Education and Skills Training, at delivery sites identified to the public as Canada/Saskatchewan Career and Employment Centres, as described in Annex 3.

7.2 Saskatchewan will carry out a site-by-site review of the existing service delivery points as soon as possible after signing this agreement in order to determine the service delivery arrangements described in Annex 3.

8.0 Expected results of provincial programs

8.1 Canada and Saskatchewan agree to use the following primary indicators for measuring the results of the provincial programs supported under this Agreement:

  1. active EI claimants as a percentage of total EI clients including reachback clients who access provincial programs and services;
  2. returns to employment/self-employment of EI clients, with an emphasis on active EI claimants;
  3. savings to the Employment Insurance Account.

8.2 Canada and Saskatchewan also intend to develop additional indicators to measure the results of Saskatchewan's provincial programs. These indicators could include some or all of the following:

  1. costs of clients becoming employed, self-employed, or self-sufficient, by intervention, by level of need;
  2. participation in provincial programs and services by all clients, including Metis Nations, First Nations, visible minorities, people with disabilities, women (in non-traditional occupations), youth, single parents with dependant children, and social assistance recipients;
  3. sustained employment or self-employment by clients of provincial programs and services, including by Metis Nations, First Nations, visible minorities, people with disabilities, women (in non-traditional programming), youth, single parents with dependant children, and social assistance recipient participants; and
  4. long-term savings to provincial social assistance funds and to the Employment Insurance Account.

8.3 Establishing Result Targets:

Canada and Saskatchewan shall establish on an annual basis result targets, on the basis of, among other things, historical data, socio-economic and labour market context, local or regional priorities, the characteristics or requirements of clients, and the funds available for provincial programs. These targets shall be agreed to between the parties and shall be part of the Annual Annex.

8.4 Canada and Saskatchewan agree that for each year, the result targets shall be those set out in an annual Annex signed by the designated officials under this Agreement. For the fiscal year 1998-99 however, the result targets shall be those set out in Annex 4 to this Agreement entitled "Accountability, Result Measurements and Result Targets for 1998-99".

8.5 The measurement of the primary indicators will be based on a methodology established by Canada in order that Canada can establish the national results levels for reporting to Parliament. Canada agrees that the methodology and results will be transparent and open to verification by Saskatchewan.

9.0 Evaluation

9.1 Canada and Saskatchewan recognize the importance of evaluating the provincial programs supported under this Agreement in order to determine their impacts and outcomes for EI clients (relative to the objectives of the Agreement). Accordingly, Canada and Saskatchewan agree to jointly develop an evaluation framework and subsequently carry out evaluations which adhere to recognized program evaluation practices. A formative evaluation will be conducted at the end of the first year of implementation of the provincial programs and services supported under this Agreement, and the summative evaluation will be conducted in the third year of implementation. Subsequent evaluations will be conducted regularly, on a three- to-five-year basis.

Annex 5 provides definitions of these two types of evaluation.

9.2 The designated officials will establish a Joint Evaluation Committee to support and oversee the evaluations of the programs under this Agreement

9.3 The Joint Evaluation Committee will oversee the development of an evaluation framework that provides for formative and summative evaluations for determining short and longer-term impacts and effects. It will recommend the acceptance of the evaluation framework, facilitate evaluations according to the plan laid out in the framework, recommend third party evaluation contracts, and review and recommend to designated officials the acceptance of evaluation reports. Canada and Saskatchewan further agree that the designated officials are to review and approve the evaluation framework and funding requirements proposed by the Joint Evaluation Committee.

9.4 Recognizing that both parties may also choose to conduct independent evaluations beyond the agreed upon framework at their own cost in line with their respective interests, Canada and Saskatchewan agree to make existing information available to each other for this purpose and to share, any findings, subject to any legislative restrictions on the disclosure of such information, produced by evaluations relevant to programs and services within this agreement. Where the parties choose to conduct independent evaluations, Canada and Saskatchewan also agree to share information on their plans in order to minimize overlap and duplication.

10.0 Information and data sharing

10.1 For the purposes of implementing this Agreement, subject to Canada's Privacy Act, and Saskatchewan's The Freedom of Information and Protection of Privacy Act and any other applicable law, Canada and Saskatchewan agree to exchange information in accordance with the arrangements specified in Annex 6 to this agreement entitled "Information and Data Sharing Arrangements".

10.2 Canada agrees to assume connectivity costs to existing federal systems for the federal employees transferred to Saskatchewan and for fifty percent (50%) of other Saskatchewan employees involved in the delivery of provincial programs to EI clients.

11.0 EI program integrity

11.1 As Canada may be providing insurance benefits under Part I of the Act to active EI claimants while they are participating in provincial programs, Canada and Saskatchewan agree to 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.

12.0 Human resources

12.1 Saskatchewan agrees to make an irrevocable offer of employment to indeterminate employees of Canada representing not more than 114 full-time equivalents (FTEs), which may include employees on leave of absence without pay who are affected by Saskatchewan's decision to:

  1. expand its role in the design and delivery of labour market development programs through the implementation of its own provincial programs; and
  2. assume responsibility for the delegated functions of the National employment Service.

12.2 Saskatchewan undertakes that its offer of employment will constitute a Reasonable Job Offer within the meaning of Part VII of Canada's Work Force Adjustment Directive (WFAD) dated July 16, 1996, a copy of which has been provided to Saskatchewan.

12.3 Saskatchewan will offer indeterminate employees of Canada permanent status, effective at the time of the transfer. Each transferred employee will be granted an employment guarantee for a period of three years.

12.4 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 Saskatchewan will be considered to have made an offer of employment and who will be considered to have accepted the offer.

12.5 Saskatchewan agrees that details of its offer of employment to transfer federal employees will be set out in an Employee Transfer Agreement, prepared in accordance with the Employee Transfer Proposal Guidelines, a copy of which has been submitted to Saskatchewan. The completed Employee Transfer Proposal will be submitted to Canada within four months following the signing of this Agreement or within such further time as may be agreed to by the parties. This document will form the basis of the Employee Transfer Agreement to be concluded by the parties. Both the Proposal and the Agreement will deal, as a minimum, with those issues enumerated in Annex 7.

12.6 Taking into account Saskatchewan's identified human resource requirements, in accordance with the program responsibilities outlined in Annex 1 and the additional administrative responsibilities as a result of provisions required to implement this Agreement, Canada and Saskatchewan will develop a process to collaborate on the selection of employees of Canada representing not more than 114 full-time equivalents (FTEs) to whom offers of employment would be made by Saskatchewan.

12.7 In accordance with Annex 7, Saskatchewan will also enter into discussions with the collective bargaining agent that is currently representing employees of Canada in the context of the development of an Employee Transfer Agreement.

12.8 The amount of Canada's contribution referred to in section 13.9 of this Agreement towards Saskatchewan's administration costs is contingent on an offer of employment being made to those employees affected by this Agreement, and on the type of employment offer meeting the requirements of a reasonable job offer within the meaning of Part VII of Canada's WFAD.

13.0 Financial arrangements

13.1 Canada and Saskatchewan agree that, subject to the financial limitation set out in section 78 of the Employment Insurance Act, the financial arrangements between them shall be as set out in the sections below.

Contribution to costs of provincial programs

13.2 Subject to sections 13.4 and 13.8, in each of fiscal years 1998-99 to 2001-02, Canada (through the Commission) agrees to make available to Saskatchewan a contribution towards the costs of the provincial programs in those years of an amount to be determined in accordance with the allocation methodology set out in the letter of June 26, 1996 from Canada's Deputy Minister of Human Resources Development to Saskatchewan's Deputy Minister of Post-Secondary Education and Skills Training, attached as Annex 8.

13.3 The currently projected maximum amount of Canada's contribution towards the costs of the provincial programs for each of those fiscal years is as follows:

  • fiscal year 1998-1999: $36,344,000
  • fiscal year 1999-2000: $37,668,000
  • fiscal year 2000-2001: $37,668,000

Saskatchewan recognizes, however, that given the nature of the allocation methodology, the actual amount of the maximum contribution payable in each fiscal year cannot be ascertained until shortly after January of the immediately preceding fiscal year. Further, the maximum contribution payable could change should the allocation methodology change as a result of a consensus between provinces/territories and Canada. To assist Saskatchewan in planning and budgeting for its provincial programs, Canada undertakes to provide in December of each year, a preliminary estimate of Canada's maximum contribution for the coming fiscal year.

13.4 Canada agrees that the amount to be allocated by it for a contribution towards the costs of the provincial programs in each of fiscal years 2000-01 and 2001-02 will be not less than $37,668,000.

13.5 Saskatchewan will at all times have a three-year financial planning framework. In view of the nature of the allocation model outlined in Annex 8, the actual contribution amounts made available to Saskatchewan for each of the above mentioned fiscal years shall be confirmed shortly after January preceding the affected fiscal year and will vary only in accordance with the model.

13.6 For each fiscal year after fiscal year 2001-02 during the period of the Agreement, Canada's contribution towards the costs of the provincial programs will be reviewed by the parties. At each annual review, Canada undertakes to provide Saskatchewan with a three-year projection of Canada's annual allocation which is based on current trends that are subject to change. The agreed amount of Canada's contribution towards the costs of the provincial programs for each fiscal year will then be specified in the annual Annex for that fiscal year.

13.7 Canada agrees to review, within 24 months after signing of this Agreement, the overall level of funding to be made available for all expenditures under Part II of the Act with a view of determining whether the amount of funding should be increased. Canada will base its review, in part, on the results obtained under the labour market development agreements entered into with Saskatchewan and other provinces and territories as a result of the May 30, 1996 proposal on labour market development, attached as Annex 9.

13.8 Canada also agrees to establish an intergovernmental process aimed at reviewing the current methodology for the allocation of employment insurance funds in support of expenditures under Part II of the Act and at proposing options which put emphasis on matters such as achievement of results and generation of savings to the Employment Insurance Account.

13.9 If Saskatchewan is unable to commence delivery of its provincial programs on April 1, 1998, the parties agree that Canada will continue to provide its employment benefits and support measures in Saskatchewan until such time as Saskatchewan is ready to commence delivery; provided, however, that the maximum contribution payable by Canada in fiscal year 1998-99 and any subsequent fiscal year to Saskatchewan under section 13.2 towards the costs of its provincial programs shall be reduced by the amount of the financial commitments made by Canada under its employment benefits and support measures that come due in those years.

Contribution towards administration costs

13.10 In addition to providing a contribution towards the costs of the provincial programs, Canada (through the Commission) agrees to make a contribution towards the administration costs incurred by Saskatchewan in each fiscal year during the period of the Agreement.

13.11 The maximum amount of the annual contribution towards Saskatchewan's administration costs shall 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 Saskatchewan's Deputy Minister of Post-Secondary Education and Skills Training, as amended by the subsequent revision to the Table appended thereto entitled "Projection of EI-Related Administrative Resources Under New Labour Market Arrangements 1997-98 Onwards", and attached as Annex 10 to this Agreement, subject to an increase in that amount in the circumstances described in sections 13.12 to 13.14.

13.12 The amount of the maximum contribution for administration costs determined in accordance with section 13.10 may be increased after the termination of various property leases which is expected to occur as a result of reduced accommodation requirements for Canada flowing from the transfer of HRDC employees to Saskatchewan under the Employee Transfer Agreement referred to in section 12.0.

13.13 The amount of the maximum contribution for administration costs may also be increased if, after an offer of employment has been made to a transferring employee but prior to the date of the employee's transfer.

  1. the employee's salary is increased as a result of the signature of a new collective agreement or as a result of the signature of an agreement with respect to an equal pay adjustment or the rendering of a final decision on the same question; and
  2. the salary set out in the offer is increased to make it at least equal to the employee's federal salary on the date preceding the transfer of the employee.

The amount of the increase would then correspond to the total amount of any salary increases referred to in paragraph b).

13.14 If during the first three years of the Agreement, the Treasury Board of Canada makes available to the Department of Human Resources Development additional sums for former federal employees transferred to Saskatchewan under this Agreement, Canada agrees to increase, for those years, the contribution payable to Saskatchewan for administration costs by an amount equal to those sums.

14.0 Payment procedures

14.1 Beginning April 1, 1998, or on such later date as agreed by the designated officials, Canada will make advance monthly payments of its annual contribution towards all costs of the provincial programs. The advances will be made on a monthly basis and will be based upon a forecast of monthly cash flow requirements furnished by Saskatchewan. Saskatchewan agrees to update the forecast on a quarterly basis.

14.2 Canada and Saskatchewan agree that no payment on account of Canada's contribution toward Saskatchewan's administration costs will be made until the transfer of employees referred to in section 12.0 occurs.

15.0 Transfer of assets

15.1 Canada and Saskatchewan will develop an "Inventory of Assets" that will be transferred for no consideration to Saskatchewan. The assets to be transferred to Saskatchewan will be related to the extent of labour market development responsibilities assumed by Saskatchewan and the number of Canada's employees transferred to Saskatchewan.

15.2 The timetable for the transfer of assets will be established by the Management Committee. No transfer will occur prior to the signing of the Employee Transfer Agreement referred to in section 12.0.

16.0 Financial accountability

16.1 For the fiscal year 1998-99 and for each fiscal year thereafter during the period of this Agreement, Saskatchewan shall submit to Canada a report containing:

  1. 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 Provincial Auditor of Saskatchewan, setting out the amount of costs that Saskatchewan actually has incurred in that fiscal year in respect of each provincial program. The audit shall be conducted based upon audit criteria including the degree of materiality established in a letter of engagement agreed to by both parties in consultation with the Provincial Auditor of Saskatchewan and the Auditor General of Canada, and
  2. a statement from the Provincial Auditor of Saskatchewan certifying that all payments received from Canada in the fiscal year on account of Canada's contribution to Saskatchewan's administration costs were paid in respect of administration costs actually incurred in that fiscal year.

16.2 The report shall be submitted no later than three months after the end of the fiscal year to which it relates.

16.3 Quarterly Report:

Following implementation by Saskatchewan of the provincial programs, Saskatchewan will report, on a quarterly basis, to the Director General, Saskatchewan Region, HRDC on the year-to-date results of the primary indicators.

17.0 Overpayment /lapsing funds

17.1 In the event payments made to Saskatchewan under this Agreement exceed the amount to which Saskatchewan is entitled, the amount of the excess is a debt owing to Canada and shall be repaid to Canada forthwith upon receipt of a notice to repay.

17.2 Any unutilized funds in a given fiscal year will lapse.

18.0 Public information

18.1 Saskatchewan agrees to give public recognition of Canada's role in providing financial assistance under this Agreement to support the provincial programs and services, as set out in Annex 10.

18.2 Canada and Saskatchewan agree to work jointly to prepare public information material and organize public announcements relating to activities significantly supported by Canada under this Agreement.

18.3 Each party under this Agreement will be responsible for those costs associated with communication initiatives related to their respective responsibilities. Where there are communication initiatives in support of common interests, costs will be shared.

18.4 Each party may develop public information initiatives relating to the activities and results covered by this Agreement. Saskatchewan and Canada agree to keep one another informed of such initiatives within a reasonable time frame.

19.0 Period of the Agreement

19.1 This Agreement shall be effective from the day of signing and subject to section 20.0, will remain in force for an indefinite period.

20.0 Termination

20.1 This Agreement cannot be unilaterally terminated during the first three fiscal years. Canada and Saskatchewan agree to review the Agreement after the first two fiscal years to assess if mutually desirable results are being achieved and to determine if they should continue their labour market arrangements under this Agreement.

20.2 Following the initial three-year period, either Canada or Saskatchewan may terminate this Agreement by giving two (2) years notice in writing of intention to terminate.

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

20.4 In the event that either party wishes to terminate this Agreement by providing the required written notice in writing:

  1. any and all costs attributable to the termination shall be borne by the party terminating the Agreement; and
  2. both parties shall take reasonable steps to reduce the costs attributable to the termination.

20.5 Canada affirms its continuing responsibility for EI clients should this Agreement be terminated.

21.0 Amendment

21.1 This Agreement may be amended at any time by the mutual consent of the parties. To be valid, any amendment shall be in writing and signed, in the case of Canada, by Canada's Minister of Human Resources Development and the Commission, and in the case of Saskatchewan, by the Minister of Post-Secondary Education and Skills Training.

21.2 Notwithstanding section 21.1, an amendment to any Annex to this Agreement may be made by the written agreement of the designated officials of the parties.

22.0 Equality of treatment

22.1 If a province or territory other than Saskatchewan negotiates a Labour Market Development Agreement with Canada, based on Canada's May 30, 1996 proposal outlined in Annex 9, and Saskatchewan determines that any provision of that Agreement is more favourable to that province or territory than what was negotiated with Saskatchewan, Canada agrees, if requested to do so by Saskatchewan, to amend this Agreement in order to afford similar treatment to Saskatchewan.

23.0 General

23.1 This Agreement, including Annexes 1 to 11, comprises the entire agreement between the parties.

23.2 No member of the House of Commons shall be admitted to any share or part of this Agreement or to any benefit arising therefrom.

This Agreement has been signed on behalf of Canada this 6th day of February, 1998, by:

the Minister of Human Resources Development

______________________
Witness

per: __________________
Ralph Goodale,
Minister of Natural Resources and
the Canada Employment Insurance Commission

______________________
Witness

per: __________________
Peter Doyle,
Commissioner

______________________
Witness

per: __________________
Fernand Boudreau,
Commissioner


This Agreement has been signed on behalf of Saskatchewan by the Minister of Post-Secondary Education and Skills Training this 6th day of February, 1998.

__________________________________
Minister of Post-Secondary Education and Skills Training

Annexes

Annex 1 - Framework of provincial programs and services

The purpose of this memorandum of understanding is to amend the provincial program information contained in Annex 1 of the Canada-Saskatchewan Labour Market Development Agreement. The Framework of Provincial Programs and Services is recommended to replace the existing Annex 1.

Proposed programs and services include:

Federal benefit Provincial program
Targeted Wage Subsidies: Encourage employers to hire individuals who they would not normally hire in the absence of a subsidy.

Work Placement and Community Works: Wage subsidies to employers for work experience and work placement that will lead to long-term employment.

Components of Job Start/Future Skills provide unemployed people with work experience placements (which can include skill development)

Self-employment: Helps individuals to create jobs for themselves by starting a business. Self-Employment Program: Assistance to help clients become self-employed, including business plan development, mentoring and ongoing advice by contact with people experienced in local business development. There will be a flexible range of financial support during the business development phase.
Job Creation Partnerships: Provide individuals with opportunities through which they can gain work experience, which leads to ongoing. Unsubsidized work placements are pursued as an alternative within the scope of the Employment Programs provided by the province.
Skills, Loans and Grants: Help individuals to obtain skills, ranging from basic to advanced skills through direct assistance to individuals. Skills Training Benefit: Implemented January I, 1999 and deemed similar to original Skills, Loans and Grants (SLG). It will be used in conjunction with the Provincial Training Allowance and Saskatchewan and Canada Student Loans programs to help clients gain skills needed for employment, by providing support to clients to help them access/participate in programs offering short-term skills training and basic education, including employability skills and work experience. (Adult Basic Education/Skill Training /Apprenticeship)
Federal support measures Provincial services
Employment assistance services: Assist organizations in the provision of employment services to unemployed persons.

Bridging to employment: Provides a range of programs, services and supports that enable clients to become job ready, such as needs determination, employment counselling, assisted job placement, job search training and provision of labour market information. Programs and services in this area could be delivered by external service providers.

Bridging to Employment: Through the use of alternate delivery partners/providers, a range of career and employment programs, services and supports are provided to assist individuals to become job ready. This includes, but is not limited to, assessments, employment counselling, assisted job placement, job search assistance, job readiness training and the provision of labour market information.

Labour market partnerships: Encourage and support employers, employee and/or employer associations and communities to improve their capacity for dealing with human resource requirements and implementing labour force adjustments.

Sectoral partnership fund: Supports industry sectors to work with training institutions and communities of interest to design and implement sectoral human resource planning and development strategies in order to decrease skill mismatches in the labour market. Job development service: Involves contacting employers to identify job opportunities for clients and working with training institutions, non-governmental organizations, municipalities and the private sector to prepare clients for employment.

Regional Planning Partnerships Program (RPP): The RPP program is designed to support communities, employers, employees and other groups to expand their local employment base and develop initiatives to respond to the employment needs of their community.

Research and innovation: Supports activities which identify better ways of helping persons prepare for or keep employment and be productive participants in the labour force. Saskatchewan may provide funding to research and innovation projects and activities which identify better ways of helping persons prepare for or keep employment and be productive participants in the labour force.

As per section 3.5 of the Agreement, this Annex is modified by the written consent of the Designated Officials of each party.

Allan Jacques
Regional Executive Head
HRDC Saskatchewan Region

March 13, 2000

Date

Neil Yeates
Deputy Minister
Saskatchewan Post-Secondary Education and Skills Training

March 8, 2000

Date

Annex 2 - National Employment Services functions

1.0 Purpose

1.1 The purpose of this Annex is to set out which National Employment Service (NES) functions Saskatchewan will be responsible for within the context of the EI legislation and this Agreement.

2.0 Information services

2.1 Career and Labour Market Information

  1. Canada and Saskatchewan agree to the development of a joint labour market information strategy that builds upon the experience of the Canada-Saskatchewan Strategic Initiative projects. The strategy will set out how each party will cooperate (collaborate) in the gathering, analyzing, producing, disseminating and using local, provincial and national labour market information.
  2. Canada will continue to be responsible for the National Labour Market Information Service, including the National Labour Market Information (LMI) System with which it will produce and disseminate the labour market information it needs to exercise its responsibilities recognized under this Agreement and those associated with management of the Employment Insurance Account and with encouraging interprovincial mobility.
  3. Saskatchewan will be responsible for producing the Saskatchewan labour market information needed to assume the responsibilities conferred on it in this Agreement, as well as disseminating, within Saskatchewan, labour market information relating to the implementation of this Agreement, and participating in and maintaining a link with the National Labour Market Information System.
  4. Local, regional, provincial and national career and labour market information may include:
    1. demographic and labour force profiles and forecasts;
    2. occupational profiles and forecasts;
    3. wage and salary data;
    4. conditions of employment;
    5. industrial/sectoral profiles and forecasts;
    6. vacancy and employment opportunities;
    7. labour market reviews and trends;
    8. occupational demand lists and skill shortages;
    9. employer lists;
    10. major economic project updates;
    11. lists of training providers and available courses;
    12. work search tools;
    13. career resource planning tools;
    14. community profiles
  5. In the joint strategy, Canada and Saskatchewan will clarify their respective roles and responsibilities, how partnerships can be encouraged, and ensure complementarity such that there is no unnecessary overlap and duplication.

2.2 Labour Exchange Services

Saskatchewan will gather and disseminate job vacancy information for the purpose of assisting workers to obtain employment and employers to locate suitable workers. Saskatchewan will undertake these responsibilities in a manner which is consistent with the operation of the National Labour Exchange Service.

3.0 Targeted assisted services

3.1 Assessment, selection and referral

Saskatchewan will assess client needs (including testing), select clients based on needs determination, and refer clients to provincial programs and services or community based resources. Client selection criteria will be developed by Saskatchewan.

3.2 Counselling and career planning

Saskatchewan will provide specialized counselling and career planning services for selected clients to assist them in career decision making, skill enhancement, job search, and/or job maintenance.

4.0 Labour market support services

Saskatchewan will provide labour adjustment and human resource planning services through provincial programs. Labour adjustment services will assist employers, workers, industries, and communities, in situations of business closures, business expansions, and business changes. Employers will be assisted with human resource planning. Cooperation will be sought with other provinces, Human Resources Development Canada, and national sector councils to deal with business change in national companies.

Annex 3 - Delivery arrangements

1.0 Purpose

1.1 The purpose of this Annex to the Canada-Saskatchewan Agreement on Labour Market Development is to describe the service delivery network for provincial programs and services as outlined in Annex 1 and for the designated National Employment Services functions as outlined in Annex 2.

2.0 Service delivery approach

2.1 Canada and Saskatchewan agree that all current service delivery locations of both parties will be maintained in each community until a review of service delivery sites has been completed.

2.2 Canada and Saskatchewan agree that decisions regarding the selection of service delivery sites within communities should give consideration to factors such as:

  1. labour market regions;
  2. historical/traditional catchment areas;
  3. cost effectiveness;
  4. accessibility; and,
  5. visibility to meet client needs.

2.3 Provincial programs and services will be delivered to the public at offices known as Canada-Saskatchewan Career and Employment Centres.

3.0 Service delivery arrangements

3.1 In communities where both Canada and Saskatchewan currently maintain offices, a review will be done on a site-by-site basis to determine the feasibility and timing of integrating the provincial programs and services described within this Agreement. The following communities will be considered under this provision:

  • Moose Jaw
  • Prince Albert
  • Regina
  • Saskatoon

3.2 In communities where either Canada or Saskatchewan currently maintain offices, arrangements will be concluded during the transition period to ensure client access (including EI clients) to provincial labour market programs and services. The following communities will be considered under this provision:

  • Bigger
  • Humboldt
  • La Ronge
  • Lloydminster
  • Melfort
  • Melville
  • Nipawin
  • North Battleford
  • Swift Current
  • Weyburn
  • Yorkton

3.3 In communities where neither Canada nor Saskatchewan maintain offices or staff, consideration may be given to provision of program and service information via access to technology or through contracts with community-based organizations.

Annex 4 - Accountability, result measurements and result targets for 1998-99

1.0 Purpose

1.1 The purpose of this Annex is to set out the parties' mutual understanding of, and agreements on, result measurements to be used, the target setting process, and results reporting for the period of 1998-99.

2.0 Expected results of provincial programs

2.1 Canada and Saskatchewan agree to use the following primary indicators for measuring the results of the provincial programs supported under this Agreement:

  1. active EI claimants as a percentage of total EI clients including reachback clients who access provincial programs and services;
  2. returns to employment/self-employment of EI clients, with an emphasis on active EI claimants;
  3. savings to the Employment Insurance Account.

2.2 Canada and Saskatchewan also intend to develop additional indicators to measure the results of Saskatchewan's provincial programs. These indicators could include some or all of the following:

  1. cost of clients becoming employed, self-employed, or self-sufficient, by intervention, by level of need;
  2. participation in provincial programs and services by all clients, including Metis Nations, First Nations, visible minorities, people with disabilities, women (in non-traditional occupations), youth, single parents with dependent children, and social assistance recipients;
  3. sustained employment or self-employment by clients of provincial programs and services, including by Metis Nations, First Nations, visible minorities, people with disabilities, women (in non-traditional programming), youth, single parents with dependent children and social assistance recipient participants; and
  4. long-term savings to provincial social assistance funds and to the Employment Insurance Account.

3.0 Targets, target-setting and measurement methodology

3.1 Within this framework, Canada and Saskatchewan will jointly establish in advance of each fiscal year during the period of the Agreement, beginning fiscal year 1998-99, mutually agreed result targets for the coming fiscal year for the primary indicators 2.1 (a), (b), (c) which will be stipulated in this Annual Annex, as set out below. The targets will be established with consideration to the factors outlined in Section 8.1. Targets may require adjustment during 1998-99 and experience gained will allow for more precise targets in the subsequent years.

Priority active employment insurance claimant access

At least 65% of EI clients who access Saskatchewan's provincial programs and services will be active Employment Insurance claimants.

EI clients returned to work

At least 4,332 EI clients will return to employment or self-employment in 1998-99 after being referred to Saskatchewan's provincial programs and services. The count includes those returning to work during their benefit entitlement period and those returning to work after their benefit entitlement period.

Savings to the Employment Insurance Account

There will be savings to the Employment Insurance Account of at least $19.952 million for 1998-99. In determining the target, Canada and Saskatchewan will take into consideration the time between client applications for Part I benefits and notification to Saskatchewan (of the applications). On an individual basis, calculation of a saving to the Employment Insurance Account is the difference between the individual's entitlement to regular benefits and the actual pay out of regular Part I benefits (unpaid entitlements).

3.2 Canada and Saskatchewan agree that the measurement methodology for the additional indicators outlined in 2.2 will be developed by the Joint Evaluation Committee for approval by the designated officials. The measurement methodology for longer-term savings to the Employment Insurance Account will be developed by Canada, and the Joint Evaluation Committee will recommend on this methodology to the designated officials.

4.0 Reporting of results

4.1 Canada and Saskatchewan agree that the primary indicators 2.1 (a), (b), (c) described above will be tracked and reported on as follows:

  1. On a quarterly basis, Saskatchewan will report to the Regional Executive Head, Saskatchewan Region HRDC, on the Year-to-Date (YTD) results achieved.
  2. The following represents the reporting requirements for the indicators:
    1. Percentage of EI clients involved in provincial programs and services who are active Employment Insurance claimants;
    2. Number of EI clients and the number of active Employment Insurance claimants who are employed or self-employed, broken down by provincial programs or services. EI clients are considered as employed if they:
      1. have drawn 25% or less of their Employment Insurance entitlement for twelve consecutive weeks (applies to active Employment Insurance claimants who return to employment twelve weeks or more before the end of their benefit period); or,
      2. draw 25% or less of their Employment Insurance entitlement in all their remaining weeks on benefits (applies to active Employment Insurance claimants who return to employment less than twelve weeks before the end of their benefit period);
      3. are recorded as employed at 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 Employment Insurance claimants); or
      4. are employed when contacted twelve weeks after 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 Employment Insurance claimants).
    3. Year-to-Date savings to the Employment Insurance account as a result of active Employment Insurance claimants becoming employed before making a full draw on their insurance entitlement (Part I insurance benefit entitlement minus actual Part I pay out).

4.2 On an annual basis, Canada is required to report to Parliament in accordance with requirements of the Employment Insurance Act. This report, will include the results as reported by Saskatchewan in accordance with section 4.1 of this Annex.

Annex 5 - Evaluation definitions: formative and summative evaluation

1.0 Purpose

The purpose of this Annex is to set out the parties' mutual understanding of, and agreements on the definitions of formative and summative evaluation, pursuant to Section 9.1 of this Agreement.

2.0 Formative evaluation

Intended Audience.

Agreement partners.

Evaluative Process.

This evaluation will provide a snapshot of some of the early experiences and basic outcomes for clients, as well as information on implementation and program design and delivery. It will:

  1. which may be used by program managers and others to improve and enhance the design and delivery of the program before problems become entrenched in the program;
  2. indicate what needs to be done with respect to information gaps;
  3. demonstrate how well the program is working; and,
  4. provide early warning signs if expectations are not being met.

Methodology

To be determined jointly by the Joint Evaluation Committee.

3.0 Summative evaluation

Intended Audience

Agreement partners, external agencies and the general public.

Evaluation Process

Although the focus will be on impacts/outcomes it may include, but is not limited to, assessment of context and process. It will:

  1. by focusing on the longer-term impacts of the interventions, measure the outcomes, impacts, and cost-effectiveness of the interventions; and,
  2. provide an assessment of the program's impacts on clients by answering the key questions:
    1. Have the programs and services produced impacts on individuals and communities which are attributable to the intervention itself (incremental impacts)?
    2. Have the desired outcomes/objectives of programs and services for clients, as defined in the agreement, been met?

Methodology

To be determined jointly by the Joint Evaluation Committee.

Annex 6 – Canada – Saskatchewan exchange of information and data sharing arrangements

Amending Agreement No. 1 for Annex 6 of the Canada – Saskatchewan Labour Market Development Agreement

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 Saskatchewan (herein referred to as “Saskatchewan”), as represented by the Minister of the Economy

Whereas, Canada and Saskatchewan entered into a Labour Market Development Agreement on February 6, 1998 (hereinafter referred to as the “LMDA”), in which Canada and Saskatchewan 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 “provincial benefits and measures”) provided by Saskatchewan 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 Saskatchewan wish to amend the information sharing arrangements provided for in section 10 and Annex 6 of the LMDA entitled “Arrangements for the Exchange of Information and Data”; and,

Whereas under article 21.2 of the LMDA, the designated officials of Canada and Saskatchewan are authorized to sign amendments to any Annex to the LMDA;

Now, therefore, Canada and Saskatchewan agree as follows:

  1. Annex 6 of the Canada-Saskatchewan LMDA is hereby replaced in its entirety by the attached Annex 6, 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
  • day of
  • , 2016.

Witness

Heather Backhouse
A/Assistant Deputy Minister
Western Canada and Territories Region
Service Canada

Signed on behalf of Saskatchewan this 9th day of November, 2016.

Witness

Alastair MacFadden
Assistant Deputy Minister
Ministry of the Economy

1.0 Purpose

1.1 The purpose of this Annex to the Canada-Saskatchewan 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 24 of Saskatchewan’s The Freedom of Information and Protection of Privacy 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 Saskatchewan 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 Saskatchewan 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 Employment 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 DESD Act authorizes the disclosure of the aforementioned personal information to any person or body for the administration or enforcement of the program for which it was obtained or prepared; and
  • (c) the personal information described in section 3 of this Annex will be disclosed to Saskatchewan only for the purposes described herein.

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

Saskatchewan’s authorities:

2.3 With respect to the personal information to be provided by Saskatchewan to Canada under section 4 of this Annex, Saskatchewan confirms that it is authorized under section 29 of the Saskatchewan. The Freedom of Information and Protection of Privacy 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 Saskatchewan from Canada under section 3 of this Annex, Saskatchewan confirms that it is authorized under The Freedom of Information and Protection of Privacy 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 Saskatchewan

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

  • (a) assisting Saskatchewan in establishing and verifying if the individual qualifies as an EI client who is not an active EI claimant (i.e. who qualifies as a former EI claimant) and is therefore eligible for, or entitled to, assistance under Saskatchewan’s programs:
    • name
    • social insurance number
    • address
    • postal code
    • telephone number
    • date of birth
    • federal office code – if available
    • gender
    • language (French or English)
    • EI client status, with explanatory messages
    • Provincial/Territorial Parental Benefits (P/TPB), if applicable, with explanatory messages
    • identification if on an intervention, with explanatory messages; 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 Saskatchewan’s programs, assisting Saskatchewan in determining the nature and level of financial assistance to be provided to the EI client under Saskatchewan’s programs:
    • name
    • social insurance number
    • address
    • postal code
    • telephone number
    • date of birth
    • federal office code – if available
    • gender
    • language (French or English)
    • EI client status, with explanatory messages
    • P/TPB client status, if applicable, with explanatory messages
    • identification if on an intervention, with explanatory messages

    EI claim information:

    • benefit period commencement (BPC)
    • type of EI benefit (claim type, e.g. regular, etc.)
    • number of eligible weeks
    • number of weeks paid (number of weeks paid in special benefits and number of weeks paid in regular benefits identified if on same claim)
    • EI benefit rate – Part I
    • federal tax deducted
    • provincial tax deducted
    • week of renewal
    • latest renewable week
    • last week processed
    • expected end date of Part I
    • apprenticeship (yes/no)
    • apprenticeship waiting period waived (yes/no)
    • stop payment – yes/no
      • if yes – date of stop payment
    • disentitlements, if applicable
      • start date
      • end date
      • explanatory messages
    • disqualifications, if applicable
      • start date
      • disqualification weeks remaining
      • explanatory messages
    • allocation of earnings
      • start week
      • end week
      • allocation of earnings weekly amount
      • amount of last week of allocation of earnings

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

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

  • name
  • social insurance number
  • EI client status
  • P/TPB client status
  • federal office code, if available
  • provincial office code, if available
  • intervention type (e.g. training, job creation, self-employment)
  • training ID (for training interventions)
  • institution code (if available)
  • apprentice indicator
  • no claimant report code (for apprentices)
  • start week(s)/date(s) of intervention
  • end week(s)/date(s) of intervention
  • intervention break start week/date
  • intervention break end week/date
  • agreement/file number
  • rate (EI Part II)
  • error code
  • definition of error code

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

  • social insurance number
  • provincial office code
  • EI client status
  • benefit period commencement
  • initial benefit entitlement weeks
  • 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 start date
  • action plan result (case manager)
  • action plan result week/date
  • result week (calculated)
  • 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 Saskatchewan program
  • unit 144 – LMDA EI claimant who is recorded as employed after their entitlement period as a result of a Saskatchewan program
  • unit 145 – LMDA EI claimant who becomes employed before the end of their entitlement period as a result of a Saskatchewan group service
  • unit 146 – former LMDA EI claimant who becomes employed as a result of a Saskatchewan program
  • unit 152 – LMDA EI Part I unpaid benefits resulting from EI claimants employed before end of insurance entitlement period, as a result of a Saskatchewan program (corresponds to unit 143 – non-TWS)
  • unit 153 – LMDA EI Part I unpaid benefits resulting from EI claimants employed before end of insurance entitlement period as a result of a Saskatchewan TWS intervention (wage subsidy - corresponds to unit 143 – TWS program)
  • unit 154 – LMDA EI Part I unpaid benefits resulting from EI claimants employed before end of insurance entitlement period as a result of a Saskatchewan 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 Saskatchewan programs funded with EI Part II monies, as provided by Saskatchewan in section 4.3, the following personal information will be provided to Saskatchewan 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):

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

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

  • name
  • social insurance number
  • address
  • postal code
  • telephone number
  • e-mail address (if available)
  • gender
  • date of birth
  • official language of service (written)
  • official language of service (spoken)
  • federal office code associated with the client’s postal code
  • provincial office/catchment code associated with the client’s postal code
  • referral type (occupation in demand/job-ready or other)
  • referral source (Appli-web, second referral)
  • referral code and reason (i.e. the targeting criteria used to refer the client)
  • National Occupational Classification (NOC) code for the most recent job

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

  • postal code (first three digits)
  • provincial office code, if available
  • EI economic region
  • age at benefit period commencement
  • preferred official language (French or English)
  • gender
  • disability status (where available as self-identified information)
  • visible minority (where available as self-identified information)
  • aboriginal group (where available as self-identified information)
  • education level (where available as self-identified information)
  • EI claim status
  • EI claim category (long-tenured worker, occasional claimant, frequent claimant)
  • regular EI claimant without declared earnings – yes/no
  • seasonal user
  • weekly benefit rate
  • number of entitlement weeks
  • renewal week
  • benefit period commencement
  • first week of the last claimant’s report sent
  • cut-off date (first insurable week)
  • insured weeks/hours
  • last week processed
  • total number of weeks paid
  • total benefits paid since the claim began
  • last week worked
  • insurable earnings
  • National Occupational Classification (NOC) code of last job
  • North American Industry Classification System (NAICS) code of last job

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

3.7 Saskatchewan 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 Saskatchewan 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 Saskatchewan 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 Saskatchewan under Saskatchewan programs funded under this LMDA, Canada will provide to Saskatchewan 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:

  • name
  • social insurance number
  • birth date
  • address
  • postal code
  • telephone number
  • type of benefits
  • benefit commencement period
  • waiting period weeks (in week code)
  • gross weekly benefit rate (excluding the family supplement)
  • net weekly benefit rate (excluding the family supplement)
  • claim termination date
  • number of entitlement weeks
  • last week processed (in week code)
  • weeks paid (in week code)
  • payment indicator for each of the declarations referenced
  • name and address of employer who issued the last record of employment used to establish the EI claim during which the client began participation in a Saskatchewan intervention
  • NOC code of last job
  • number of insurable hours of last job
  • explanatory messages

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

  • name
  • social insurance number
  • address
  • postal code
  • telephone number
  • language (English or French)
  • federal office code, if available
  • Part I benefit period commencement
  • Part I end date
  • original EI entitlement (in weeks)
  • amended EI entitlement (in weeks)
  • total weeks paid to date
  • last week processed
  • intervention type
  • training ID
  • start week(s)/date(s) of intervention
  • end week(s)/date(s) of intervention
  • agreement/file number
  • benefit rate
  • last renewable week.

4.0 Information to be provided by Saskatchewan to Canada

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

  • social insurance number
  • name
  • eligibility date

4.2 Saskatchewan 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 Saskatchewan programs for the following purposes:

  • (a) to ensure that EI clients who are active EI claimants continue to receive the insurance benefits to which they are entitled while participating in a Saskatchewan program (for purposes of section 25 of the EI Act):
    • name
    • social insurance number
    • provincial office code
    • intervention type (e.g. training, job creation, self-employment)
    • training ID (for training interventions)
    • institution code (if available)
    • start week(s)/date(s) of intervention
    • end week(s)/date(s) of intervention
    • intervention break start week/date (if available)
    • intervention break end week/date(if available)
    • authorization for absence from Canada during intervention, with dates, (if available)
    • agreement/file number (if available)
    • apprentice indicator (if available)
    • no claimant report code (for apprentices) (if available)
    • rate (EI Part II)
  • (b) to allow Canada to verify the ongoing eligibility for, or entitlement to, insurance benefits (for the purposes of sections 25 and 27 of the EI Act):
    • name
    • social insurance number
    • intervention type
    • date for absence from or for leaving the intervention prior to completion
    • reason for absence from, for departure, for abandoning, or for cancelling participation in the intervention, if known
  • (c) to allow Canada to determine the eligibility for, or entitlement to, insurance benefits of an individual who is authorized by Saskatchewan to quit their job in order to participate in a Saskatchewan program (for the purposes of section 25 of the EI Act):
    • name
    • social insurance number
    • date on which the individual is authorized to quit their job (last day of work)
    • start date of participation in the Saskatchewan program, and rationale for any gap of more than two weeks
    • name and signature of designated authority, with date

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

  • (a) about each EI client who is participating in Saskatchewan programs, and
  • (b) for each non-insured participant who is participating in Saskatchewan programs funded with EI Part II monies,

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

  • name
  • social insurance number
  • address
  • postal code
  • telephone number
  • date of birth
  • gender (as self-identified information)
  • disability status (as self-identified information)
  • visible minority (as self-identified information)
  • aboriginal group (as self-identified information)
  • educational attainment
  • marital status
  • family type
  • number of dependents
  • citizenship/immigration status
  • immigration – date of arrival in Canada
  • official language preferred (French or English)
  • labour force attachment prior to intervention
  • current/last employment, including NOC code, years of experience, part-time/full-time, start date, end date, salary, reason for leaving job
  • type of benefit income from government sources
  • EI client status
  • social assistance client status
  • provincial office code
  • action plan ID
  • start date of action plan
  • provincial intervention code
  • name of intervention in which individual is involved, including apprenticeship
  • agreement/file number
  • start date of intervention
  • end date of intervention
  • duration of intervention (days)
  • language of intervention received (French or English)
  • group services type
  • group services completion date
  • language of service (French or English)
  • NOC code for training
  • type of training institution
  • training type/name
  • for Self-Employment Benefit (SEB): type of assistance (coaching, business plan, ongoing technical assistance)
  • intervention outcome (including reason for non-completion, where available)
  • intervention result
  • date of intervention result
  • end date of action plan
  • action plan result
  • date of action plan result
  • type of employment obtained (full-time/part-time)
  • type of employment obtained (year round / seasonal)
  • type of employer (e.g. private sector, public sector, non-profit organization)
  • NOC code of employment obtained
  • earnings (hourly/weekly/monthly)

The above information will be updated by Saskatchewan 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 Saskatchewan programs funded under this LMDA, Saskatchewan 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:

  • name
  • social insurance number
  • birth date
  • address
  • postal code
  • telephone number
  • reason for separation from employment, if known (pre-intervention)
  • 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
  • reason client is not capable of work/intervention/service
  • reason client is not available for work/intervention/service
  • authorization for absence from Canada during intervention, with dates, if applicable
  • date(s) absent from Canada/area without authorization
  • reason absent from Canada/area without authorization
  • intervention type (e.g. training, job creation, self-employment)
  • training ID (for training interventions)
  • institution code (if available)
  • start week(s)/date(s) of intervention
  • end week(s)/date(s) of intervention
  • intervention break start week/date
  • intervention break end week/date
  • agreement/file number
  • apprentice indicator
  • rate (EI Part II)
  • total number of weeks paid
  • last week paid
  • payment indicator for each EI Part II payment referenced
  • reason for withdrawal from program
  • reason for termination from program
  • reason earnings not reported to Canada during the weeks they were earned (if known)
  • date of return to work
  • employer name and address
  • employer telephone number
  • explanatory messages

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

  • name
  • social insurance number
  • address
  • postal code
  • start week(s)/date(s) of Saskatchewan intervention
  • end week(s)/date(s) of Saskatchewan intervention

4.7 Saskatchewan will provide to Canada the following personal information under Saskatchewan’s control on the results of Saskatchewan’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):

  • social insurance number
  • date of successful contact
  • result of contact
  • date of scheduled interview with a designated official or case manager (if applicable)
  • reason why the client did not appear for the scheduled interview (if applicable)
  • comments.

5.0 Security requirements for user identity and access management

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

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

  • name, including middle name
  • date of the Personnel Security Screening Check completion
  • name of approving authority
  • position of approving authority
  • signature of approving authority, with date

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

5.7 Saskatchewan will promptly inform Canada when a Saskatchewan 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/incident involving personal information under the care of Canada, Saskatchewan will promptly inform ESDC’s Director, EI Part II, Benefits and Measures, of the breach/incident and follow the process described in Appendix A.

6.3 In the event of a breach/incident involving personal information under the care of Saskatchewan, Canada will promptly inform Director, Labour Market Planning - Intergovernmental, of the breach/incident and follow the process described in Appendix A.

7.0 Mode of information exchange

7.1 Canada and Saskatchewan agree to enter into a separate service level agreement outlining systems 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 Saskatchewan 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 Saskatchewan may request improvements to Canada’s applications used by Saskatchewan. 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 Saskatchewan, 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 Saskatchewan 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 Saskatchewan 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 Saskatchewan 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.

8.3 Canada and Saskatchewan 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; or
  • (b) if required by legislation.

8.4 Canada and Saskatchewan 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.

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

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

8.5 2 For the purpose of section 8.5, a “third party” does not include the Department of Community and Government Services, responsible for the provision of information technology (IT) infrastructure services to Saskatchewan that may include e-mail, data center (servers) and network services.

8.6 Saskatchewan 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 Annex. This provision applies to employees of Saskatchewan as well as employees of ESDC 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 Saskatchewan under this Annex, Canada agrees to consult, when required, with Saskatchewan prior to any disclosure of such information. In the event of a request under Saskatchewan’s The Freedom of Information and Protection of Privacy Act for information obtained from Canada under this Annex, Saskatchewan 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:

  • (a) in the case of Canada, the Privacy Act, the DESD Act, the EI Act, the Library and Archives of Canada Act, and regulations thereto, and any other applicable federal legislation, the Government of Canada’s Policy on Government Security, the Electronic Documents and Records Management Solutions Standard, as well as all applicable federal and departmental policies, protocols, operating directives, and guidelines, governing the administrative, technical and physical safeguarding and disposal of the personal information; and,
  • (b) in the case of Saskatchewan, The Freedom of Information and Protection of Privacy Act, The Archives and Public Records Management Act and regulations thereto, and any other applicable provincial legislation, as well as all applicable provincial and departmental policies, protocols, operating directives, and guidelines governing the administrative, technical and physical safeguarding and disposal of the personal information.

10.2 The parties will investigate all cases where they have reasonable grounds to believe that any of the conditions set out in this Annex 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.

10.3 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 section 6.7 of the LMDA.

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

  • (a) compliance with the requirements of section 10.1; and
  • (b) the security, confidentiality and integrity of the personal information exchanged under this Annex.

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

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

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

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

11.0 Accuracy of information

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

12.0 Personal information collection, storage and access

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

12.2 Canada and Saskatchewan will cooperate to ensure that the provisions of Saskatchewan’s The Freedom of Information and Protection of Privacy 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) take immediate and reasonable steps to contain or limit the privacy breach (unauthorized access, use, disclosure, modification, destruction, disposal, misuse, or breach of confidentiality, or computer or network security breach), including but not limited to: stopping the unauthorized practice; recovering the records or personal information, where possible; shutting down access to information systems; revoking or changing computer and other access codes or correcting weaknesses in physical and/or IT security;
  • (b) promptly investigate the cause of the privacy breach;
  • (c) notify the other party;
  • (d) notify the appropriate authorities if criminal activity is suspected;
  • (e) notify the affected individual(s) whose personal information was inappropriately disclosed;
  • (f) cooperate with the other party and its Information and/or Privacy Commissioner and its contractors and auditors in any investigation into or audit of the events;
  • (g) following the investigation, provide a detailed written report of the circumstances related to any unauthorized access, use, disclosure, modification, destruction, disposal, misuse or breach of confidentiality or computer or network security breach to the other party;
  • (h) take reasonable steps requested by the other party to address the current situation or prevent a reoccurrence; and
  • (i) notify the other party of any remedial actions taken.

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

  • (a) review the steps proposed by the other party to address the current situation or prevent a recurrence of the non-compliance;
  • (b) request that the other party take specific steps to address the current situation or prevent a recurrence; and/or, for serious breaches, suspend the exchange of personal information under this Annex until satisfied that the other party has complied with the Annex and with any reasonable requests made under this subparagraph.
For ESDC

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

For Saskatchewan

Director, Labour Market Planning - Intergovernmental
Ministry of the Economy
8th Floor, 1945 Hamilton Street
Regina, SK  S4P 3Z8

Annex 7 - Human resources

1.0 Upon signing of the Canada-Saskatchewan Labour Market Development Agreement (LMDA), and prior to concluding the Employee Transfer Agreement with Canada, Saskatchewan will enter into discussions with the Saskatchewan Government Employees' Union (SGEU) and the agent currently representing employees of Canada, regarding the development of an Employee Transfer Agreement to effect the transfer of Canada's employees to Saskatchewan.

Represented employees of Canada

2.0 Matters to be addressed by Saskatchewan and the bargaining agents in developing the Employee Transfer Agreement will include:

  • type of employment to be offered
  • salary and salary administration
  • probation
  • vacation leave
  • sick leave
  • prior service
  • other terms and conditions of employment, as applicable
  • benefit plans:
  • extended health care
  • group life insurance
  • long term disability insurance
  • deferred salary leave
  • dental
  • superannuation (pension)
  • transfer date

Unrepresented employees of Canada

3.0 Unrepresented employees of Canada transferred to Saskatchewan will have their terms and conditions of employment governed by the applicable Management Regulations and Policies under The Saskatchewan Public Service Act.

3.1 Matters to be addressed by Saskatchewan and Canada in developing the Employee Transfer Agreement for employees of Canada excluded from the Union will include:

  • type of employment to be offered
  • salary and salary administration
  • probation
  • vacation leave
  • sick leave
  • prior service
  • other terms and conditions of employment, as applicable
  • benefit plans:
  • extended health care
  • group life insurance
  • long term disability insurance
  • deferred salary leave
  • dental
  • superannuation (pension)
  • transfer date

Annex 8 - Letter of June 26, 1996 from Canada's Deputy Minister of Human Resources Development

Mr. Dan Perrins
Deputy Minister of Post-Secondary Education and Skills Training
Parkview Place, 5th Floor
2220 College Avenue
Regina, Saskatchewan
S4P 3V7

Dear Mr. Dan Perris:

As a follow-up to Minister Young’s May 30, 1996 labour market proposal to all provinces and territories, I am writing to provide further information on the current and projected amount of funding which could be made available in your province under new labour market arrangements.

Enclosed is an illustrative summary of the funding available in your province for active labour market measures relating to Part II of the Employment Insurance (EI) legislation, as well as information on the funding available for all provinces and territories. The attached material also indicates for each province and territory the maximum amounts that could be provincially managed under new arrangements. This information applies to EI-related funding only. As indicated in earlier talk with you, CRF-funded programs will be discussed at a later date.

We are also providing you an explanation of how the funds are allocated among provinces and territories. The federal proposal released May 30, 1996 stated that the allocation of funding will be equitable, transparent and based on a standardized set of objective labour market variables. While the Reinvestment of Reform Savings and Transitional Jobs Fund are allocated based on new formulae designed to support adjustment to the new EI system, the allocation of Employment Insurance funds (formerly Developmental Uses) will continue to be based on the existing formula that has been in place over the past several years. In recognition that some provinces may prefer a different allocation methodology for distribution of the $1.15 B in EI funds, the Government of Canada would be pleased to consider any alternative allocation methodology that provinces and territories may want to design jointly.

In our upcoming discussions with you, some elements will be key. As mentioned in the labour market proposal, one priority is the development of a jointly acceptable, results-based framework supporting the provision of active labour market measures. This will help ensure client access, jobs and savings.

Another key element will be the future employment of Human Resources Development (HRDC) staff. If a provincial or territorial government accepts greater responsibility for employment measures, we want to ensure that HRDC staff associated with these functions will have the opportunity to transfer. We will be guided in this respect by Human Resources Development Canada’s human resources principles (copy attached) which are based on the Government of Canada’s Alternative Service Delivery Initiatives as described in our Workforce Adjustment Directive.

I hope this information is useful and will help support a full consideration of Mr. Young’s proposal. We look forward to working with you to put in place new labour market arrangements.

Yours sincerely,

Jean-Jacques Noreau

Att.

Annex 9 - Letter of September 25, 1996 from Canada's Deputy Minister of Human Resources Development

Mr. Dan Perrins
Deputy Minister of Post-Secondary Education and Skills Training
Parkview Place, 5th Floor
2220 College Avenue
Regina, Saskatchewan
S4P 3V7

Dear Mr. Perrin:

I am writing to you about the Government of Canada proposal for new arrangements on labour market programs. As you know, Minister Young wants to make rapid progress towards new labour market arrangements with all provinces and territories and recently wrote his provincial and territorial colleagues to underline his commitment. For your information, I have attached Minister Young’s letter to Minister MacIntyre.

You will remember that on June 26 my predecessor provided provincial and territorial Deputy Ministers with information on program funding for the May 30 proposal. I would now like to give you information on the administrative resources available to provinces and territories who take on the employment benefits and measures provided for in the May 30 proposal.

In determining the available resources, we have been guided by the principle that all administrative resources that HRDC would have to deliver the programs in Saskatchewan over the duration of the agreement will be made available to you. Adhering to this principle allows us to provide “reasonable administrative costs for program delivery to EI clients”, as stated in the May 30 proposal. To ensure that the Government of Saskatchewan has an adequate planning horizon, the administrative resources will remain stable for the duration of the agreement.

As you will note in the attached explanatory note and table, we have projected that 170 FTEs (Full Time Equivalents) and $8,382,000 administrative resources per year would be available once a final agreement is reached and if the Government of Saskatchewan takes on all responsibilities offered in the May 30 proposal. The Government of Canada will, in addition, provide funds for accommodation.

There are undoubtedly matters concerning administrative resources that you or your officials will want to discuss. Mr. Allan Jacques, Regional Executive Head for Saskatchewan, and the chief negotiator for the Government of Canada in Saskatchewan, is available to address any questions you may have and provide additional information you require. The Government of Canada will be guided by a spirit of openness and transparency in discussions about administrative resources.

On a closely related matter, there are many human resource issues related to the transfer of HRDC employees and the details will be a matter of careful examination in our negotiations with provinces and territories. This is a critically important issue. An acceptable resolution is essential to the success of the negotiations. In this matter HRDC will be guided by the federal Alternative Delivery Framework of the Workforce Adjustment Directive. The level of administrative resources transferred will be directly linked to the transfer of affected federal employees (i.e., the employees associated with the FTEs in the attached table). Given the experience and expertise of HRDC employees in delivering active employment programs, I do not expect this to be an issue. Again, I would ask that you or your officials speak to Mr. Allan Jacques on the human resource issues.

I have attached a table showing a projection of FTEs and administrative resources available for all provinces and territories, for your information. The principle on which FTEs and administrative resources are determined is the same across the country: each province and territory would have available the resources HRDC has to deliver the programs in the province or territory, over the duration of the agreement.

I am optimistic that the sharing of this information will assist you in your deliberations and that discussions on the possibility of provincial delivery of programs will process soon. I think we should aim at an agreement as soon as possible, which could allow the Government of Saskatchewan to begin delivery of programs in the 1997-98 fiscal year, if this is consistent with your province’s priorities.

I want to close by reiterating Minister Young’s commitment to rapid progress and adding that HRDC’s officials will do everything possible to support the negotiations.

Mel Cappe
Deputy Minister
Human Resources Development

Administrative resources

In addition to FTEs (full-time equivalents), funds for administrative resources and accommodation, portable assets, such as furniture and personal computers associated with the transferred FTEs will be made available to provinces.

Factors affecting the projection of FTEs and administrative resources available to provinces include:

  • Within the framework of the National Employment Service, the Government of Canada will retain the responsibility and the resources required to manage pan-Canadian activities such as the free and timely flow of information on employment opportunities across the country; support for inter-provincial worker mobility; and national sectoral development. The Government of Canada has offered to provinces NES functions and resources that are required to support the delivery of active labour market measures to EI clients.
  • All currently budgeted HRDC administrative resources, including those available to provinces and territories for the delivery of responsibilities laid out in the May 30 proposal, are fixed at the 1997-98 level. There will be no increases due to such factors as inflation.
  • The FTE and dollar figures reflect a take-up of all responsibilities offered in the May 30 proposal. In the event that your province assumes partial responsibilities, FTEs and administrative resources will be adjusted accordingly.
  • Given the need for both Governments to demonstrate that labour market agreements promote efficient programming and reduce any overlap and duplication, no incremental funds, e.g., start-up funds related to new agreements, are available for provinces.
  • Compensation for accommodation will be based on projected, actual costs for a given site. Funds for accommodation will only be transferred to a provincial government after a current lease commitment has expired.
Projection of EI-related administrative resources under new labour market arrangements 1997-98 onwards
Province Full-time equivalents Operating funds ($000s) Employee benefits ($000s) Total funds available Accommodation ($000s)
(See Note 4 below)
Nfld 177 7,080 1,115 8,195 643
NS 196 8,195 1,254 9,449 969
NB 170 7,240 1,142 8,382 743
PEI 49 2,115 338 2,453 214
Que 1,084 46,269 7,286 53,555 4,406
Ont 1,007 44,612 6,721 51,333 6,071
Man 118 4,759 735 5,494 562
Sask 114 4,681 717 5,398 708
Alta 204 7,712 7,202 8,914 759
NWT 24 1,534 224 1,758 155
BC 470 17,292 2,819 20,111 2,248
YK 7 329 52 381 64
Total 3,620 151,818 23,605 175,423 17,542

(Accommodation costs are not included in the “Total Funds Available” above. Actual amounts to be transferred will be determined at a later date.)

Notes:

  1. A Full-Time Equivalent (FTE) is the unit of measurement for personnel resources and refers to the employment of one person for one year or the equivalent thereof. FTEs consist of regular time personnel, continuing and non-continuing, full-time, part-time, seasonal, term and/or casual employees. As per the May 30th proposal from Minister Young, the above FTE numbers include resources in support of EI Part II delivery and National Employment Services. In addition, FTEs also include a share of local and regional corporate management, and associated national headquarters support.
  2. Operating funds include salary and non-salary resources in support of FTEs. The value of portable assets (i.e. furniture and personal computers) is excluded from these figures. Associated portable assets would be transferred with each FTE.
  3. Employee Benefits include the federal government’s costs of supporting: the Public Service Superannuation Plan; CPP/QPP employer payments; EI employer payments; death benefits; health and dental insurance. The total cost of Employee Benefits represents 17% of salary costs.
  4. Accommodation funds reflect an estimated average cost per FTE based on HRDC lease costs per province/territory in accordance with the downsizing plan. The actual funds to be made available to a province/territory are linked to the phase-put of existing lease agreements and will be made available at that time.

Annex 10 - Public information

1.0 Purpose

1.0 The purpose of this Annex to the Canada-Saskatchewan Labour Market Development Agreement is to describe how Saskatchewan will ensure:

  1. The Canada-Saskatchewan LMDA appropriately reflects a continuing accountability to the Parliament of Canada: the agreements are based on Part II of the EI Act and involve expenditures of EI funds; and
  2. Canada contributions are appropriately acknowledged by the Government of Saskatchewan, as well as in contracts and agreements with third parties.

2.0 Announcements and events

2.1 Canada and Saskatchewan will jointly prepare public information material and jointly organize and participate in any public announcement relating to the signing of the Canada-Saskatchewan Labour Market Development Agreement (LMDA) and of any Annexes under the LMDA to be signed in the future.

2.2 Canada and Saskatchewan will consult regarding, and give each other reasonable advance notice of, any major public initiatives to inform Canadians of activities being undertaken in the context of the LMDA.

3.0 Physical location/signage

3.1 Joint offices, that is where HRDC staff also are located, will identify the federal presence and contributions through Government of Canada logos, flags and project signage. Likewise, provincial presence and contributions will be identified in accordance with the Provincial Visual Identity Program.

3.2 Provincial offices, and/or third party offices, where provincial programs or services to clients are delivered, will have appropriate identification indicating that the programs and services provided at that office are funded in whole or in part by the Government of Canada.

4.0 Public information

4.1 Information for the public published in any format by Saskatchewan regarding programs and services funded in whole or in part from the EI Account will clearly indicate the federal contribution.

4.2 Information includes:

  1. pamphlets, brochures and/or forms for the use of EI clients in connection with a provincial benefit or program or service;
  2. letterhead, signage, advertising, news releases, posters, exhibits; and,
  3. evaluation reports and other reports.

4.3 Saskatchewan publications will clearly acknowledge that these measures are funded by the Government of Canada from the EI Account. Here is an example of such an acknowledgement:

"The Government of Saskatchewan has entered into a Labour Market Development Agreement with the Government of Canada to provide programs and services to Employment Insurance clients. Funding for these programs and services, in whole or in part, is provided by the Government of Canada from the Employment Insurance Account."

4.4 Where federal funding provides the majority of the funding for programs and services, the contribution will be acknowledged through use of the federal logo in conjunction with provincial visual identity requirements.

5.0 Cheques/deposit statements

5.1 Cheques or deposit statements issued from EI Part II funds, including to EI clients, employers, community-based organizations and/or private agencies, will include the Government of Canada "wordmark".

6.0 Kiosks

6.1 Automated information kiosks supplied by Canada and located in a non-federal facility will have appropriate signage identifying that the kiosks are supplied by the Government of Canada.

7.0 Internet

7.1 Shared or partnership sites will require full identification of the parties with logos of equal prominence. Accessing of these sites from each of the parties' own sites will identify to users that they are now entering a shared domain.

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