Canada – Saskatchewan Labour Market Development Agreement

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.

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.

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.

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.

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 Saskatchewan this 9^th day of November, 2016.

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

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.

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

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.

(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 30^th 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.

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.