Agreement to Amend the Canada-Saskatchewan Labour Market Development Agreement (Signed on March 28, 2018)

Information for reference

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

On this page

List of acronyms and abbreviations

  • BPC: Benefit Period Commencement
  • Canada: The Government of Canada
  • DESD Act: Department of Employment and Social Development Act
  • EI Act: Employment Insurance Act
  • FLMM: Forum of Labour Market Ministers
  • FOIP Act: The Freedom of Information and Protection of Privacy Act
  • F-P/T: Federal-Provincial/Territorial
  • IT: Information Technology
  • LMDA: Labour Market Development Agreement
  • NES: National Employment Service
  • NOC: National Occupation Classification
  • PIA: Privacy Impact Assessments
  • PSSC: Personnel Security Screening Check
  • P/TPB: Provincial/Territorial Parental Benefits
  • Saskatchewan: The Government of Saskatchewan
  • TRA: Threat and Risk Assessments
  • TWS: Targeted Wage Subsidy

Between

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

And

The Government of Saskatchewan (hereinafter referred to as "Saskatchewan") as represented by the Minister of Workforce and Advanced Learning.

Hereinafter referred to as “the Parties”.

Preamble

Whereas the Parties entered into the Canada-Saskatchewan Labour Market Development Agreement (“Canada-Saskatchewan LMDA”) on February 6, 1998;

Whereas Canada and Saskatchewan agree that Saskatchewan has primary responsibility for the planning, design, delivery and implementation of the employment and training programs funded under this Agreement;

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

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

Whereas following consultations with stakeholders and collaborative discussion with Provinces and Territories in 2016, including the perspectives of Canada's Premiers, Canada and Saskatchewan have agreed to objectives, principles and areas of focus for investment under the Canada-Saskatchewan Labour Market Development Agreement and the Canada-Saskatchewan Workforce Development Agreement in building an integrated, client-centered, outcomes-driven employment and training model in Saskatchewan;

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

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

Whereas Canada and Saskatchewan agree on the importance of testing innovative projects and labour market initiatives to improve labour market programming and services and the functioning of the labour market in Saskatchewan;

Whereas Canada and Saskatchewan recognize the importance of engaging and working with Aboriginal peoples and, where applicable, providing services through Aboriginal organizations, including service providers and communities;

Whereas evaluations show that early interventions are associated with positive impacts on earnings and employment for participants to activities under the LMDAs;

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

Whereas Saskatchewan also wishes to utilize the broadened eligibility for the assistance that it may provide under its similar benefits and measures effective April 1, 2018;

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

Clauses

  1. The following heading and sections are added after section 1.2:

    1.01.0 Objectives, principles and areas of focus

    1.01.1 Canada and Saskatchewan agree that the objectives of this Agreement are the following:

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

    1.01.2 Canada and Saskatchewan accept the principles of this Agreement as set out below:

    • Client-centred: Flexibility to meet the needs of unemployed, underemployed and precariously employed individuals and employers using the best available labour market information; and minimize barriers in accessing programs and supports;
    • Inclusion: Support underrepresented groups and those with weak to no labour market attachment;
    • Outcomes-focused: Track measurable milestones and targets; and develop ways to measure different forms of progress (e.g. improved employability in the areas of skills enhancement, work readiness, career growth, job maintenance, and job search);
    • Flexibility and Responsiveness: Flexibility to address local labour market priorities and respond to emerging issues;
    • Innovation: Identify and explore collaborative models for innovation, including continuous sharing of best practices and lessons learned; and
    • Engagement: Collaboration and partnership between F- P/T governments; engagement with Aboriginal peoples and, where applicable, services through Aboriginal organizations; consultation and engagement with stakeholders; and coordination to enhance program complementarity.

    1.01.3 Canada and Saskatchewan agree that to support flexibility, eligible provincial programs funded under this Agreement will fall within any of the following areas of focus:

    • Training: Improve levels of literacy, essential and work-related skills; and support upskilling for the precariously employed and underemployed;
    • Supports: Provide continuum of needs-based services to maximize the potential impact of training; and continue to support persons with disabilities to enter and stay in the labour market;
    • Employment Partnerships: Work in partnership with employers and other stakeholders to promote awareness and expand the availability, accessibility and quality of employment opportunities; and
    • Building Knowledge: Inform priorities with labour market information to better meet skills needs and market demand; enhance the knowledge base to support continuous improvement of labour market policies and programs; and support new and innovative approaches to meet the diverse needs of clients, including underrepresented groups.
  2. The definitions of “annual Annex”, “annual report”, and “annual plan” in section 2.1 are deleted and replaced by the following:

    “annual Annex” means the annual Annex referred to in section 6.6 (f);

    “annual report” means the Annual Report outlined in section 8.2;

    “annual plan” means the annual plan outlined in section 3.2.

  3. The definition of “Management Committee”, in section 2.1 is deleted and replaced by the following:

    “Workforce Development Committee” means the committee established under section 6;

  4. The definition of “EI Client” in section 2.1 is deleted and replaced by the following:

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

    • is an Active Employment Insurance Claimant; or,
    • had a benefit period that ended within the previous 60 months; or
    • has a benefit period established under a "provincial plan" as that term is defined in section 76.01 of the Employment Insurance Regulations, or has had that benefit period end within the previous 60 months, and who would have been entitled to receive special benefits under sections 22 or 23 of the EI Act had they not been entitled to receive provincial benefits, as this term is defined in section 76.01 of the Employment Insurance Regulations, under the "provincial plan"; or
    • paid employee's premiums as defined in section 2 of the Employment Insurance Act in at least five of the previous 10 calendar years and in respect of these premiums, was not entitled to a refund under subsection 96(4) of the Employment Insurance Act.
  5. Sections 3.2 and 3.3  are deleted and replaced by the following:

    3.2. For each fiscal year during which Saskatchewan provides its provincial programs, Saskatchewan will provide Canada's Designated Official on or about February 15, an Annual Plan which describes:

    • the labour market issues which Saskatchewan intends to address during the coming fiscal year;
    • the array of provincial programs to be offered during the coming fiscal year;
    • the projected expenditures under each of the provincial programs during the coming fiscal year;
    • a description of the consultation process referred to in section 3.2.1, the type of groups consulted and annual priorities related to stakeholders' feedback, including a list of the stakeholders consulted and the main themes coming from the consultation; and
    • the expected annual results targets for Provincial Programs.

    3.3 In developing each annual plan referred to in subsection 3.2, Saskatchewan agrees to consult with stakeholders, including but not limited to, organizations representing both employers and employees and official language minority communities, in Saskatchewan.

  6. Section 3.5 is deleted and replaced by the following:

    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 Workforce Development Committee for its review, within a reasonable timeframe. Such additions and modifications will be set out in amendments to Annex 1

  7. Section 3.8 is deleted in its entirety.
  8. Section 3 is amended by replacing section 3.11 with the following:

    3.11 Authorities designated by Saskatchewan include staff of the Ministry of Immigration and Career Training and other ministries of the Government of Saskatchewan, as well as third parties in Saskatchewan.

  9. Section 4 is amended by replacing section 4.1 with the following:

    4.1 Saskatchewan's Ministry of Immigration and Career Training is hereby authorized to carry out on behalf of the Commission, the functions of the National Employment Service (NES).

    4.1.1 The Parties' respective roles and responsibilities in respect of the delegated functions of the National Employment Service referred to in section 4.1 are described in section 2 of Annex 2 of this Agreement entitled "National Employment Service – Functions delegated to Saskatchewan".

    4.1.2 Canada and Saskatchewan agree to the preparation of a joint labour market information strategy in accordance with section 3 of Annex 2.

  10. Section 6 is deleted in entirety, renamed and replaced by the following:

    6.0 Workforce Development Committee

    6.1 Canada and Saskatchewan agree to maintain a bilateral Canada- Saskatchewan Management Committee to be known as the Workforce Development Committee to oversee the administration of this Agreement.

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

    6.3 The Assistant Deputy Minister, Western and Territories Region, of Service Canada's Department of Employment and Social Development will be represented on the Workforce Development Committee.

    6.4 Decisions of the Workforce Development Committee with respect to this Agreement will be by consensus. If consensus cannot be reached, then the issue(s) will be referred to the Deputy Minister of Employment and Social Development Canada and the Deputy Minister of Immigration and Career Training, and if it cannot be resolved by them, then Canada's Minister of Employment and Social Development styled as the Minister of Families, Children and Social Development and Saskatchewan's Minister of Immigration and Career Training shall endeavor to resolve the dispute

    6.5 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.

    6.6 For the purpose of this Agreement, the Workforce Development Committee will develop a terms of reference which will define the mandate, roles and responsibilities for the committee, including but not limited to:

    • Administration and management of the Agreement, including providing a forum for the exchange of information on annual planning priorities and reporting reporting, the management of program and administration of funds and information technology needs;
    • Providing a forum to exchange information and perspectives on local labour market challenges and priorities and the results of engagement with other relevant stakeholders, including official languages and minority communities;
    • Providing a forum to exchange information on best practices and have discussions related to the implementation of the Agreement;
    • Providing a forum for discussing provincial issues and ways to better coordinate and reduce duplication of the delivery of federal and Saskatchewan programs;
    • Providing a forum to share information on innovative labour market programs and policies as well as broader developments in the labour market and bilateral issues that may fall outside the parameters of this Agreement;
    • 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 (Financial Arrangements);
    • overseeing evaluation responsibilities outlined in section 9, and developing and approving an evaluation framework; and
    • in accordance with section 11, developing measures for detecting and limiting controlling abuse and determining how and by whom these measures should be carried out.
  11. Section 6.01 is added after section 6:

    6.01.0 Designated officials

    6.01.1 For the purposes of this Agreement, the Senior Assistant Deputy Minister of Skills and Employment Branch of Employment and Social Development Canada is the designated official for Canada, and the Assistant Deputy Minister of the Labour Market Development Division of the Ministry of Immigration and Career Training is the designated official for Saskatchewan.

    6.01.2 Only under extraordinary circumstances shall either party, upon written notice to the other, designate a new designated official in replacement of an existing designated official.

    6.01.3 Designated officials, or their designates, as required to resolve issues that emerge from the Agreement.

  12. Section 7 is amended by replacing section 7.1 with the following:

    7.1 The provincial programs and delegated functions of the National Employment Service will be provided by Saskatchewan through its Ministry of Immigration and Career Training.

  13. Section 8.0 is amended by replacing section 8.1 and 8.2 with the following:

    8.1 The Parties agree that results measurement and reporting respecting the contribution payable to Saskatchewan under section 13 will be consistent with the process described in Annex 4.

    8.2 On or about October 1 following the end of each fiscal year during the period of this Agreement, Saskatchewan agrees to share with Canada an Annual Report describing the results of the provincial programs achieved in the fiscal year based on the requirements set out in Annex 4 to this Agreement entitled “Performance Measurement Strategy and targets”.

  14. A sub-heading and section 13C are added after section 13B:

    13C Targeted six-year increase in contribution to costs of provincial programs

    13C.1 Notwithstanding anything in section 13, in each of fiscal years 2017-2018 to 2022-2023, Canada agrees to increase the maximum contribution payable to Saskatchewan under section 13, based on an allocation methodology that takes into account Saskatchewan's share in the national totals of the following two variables, which will be updated on an annual basis:

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

    13C.2 The maximum contribution payable under section 13 towards the costs of the provincial programs is increased by an amount not exceeding the amount determined by the following formula:

    ( (A × 0.5) + (B × 0.5) ) * C

    where:

    A is the number of EI Part I claims with regular benefits paid in Saskatchewan, divided by the number of EI Part I claims with regular benefits paid in Canada, determined on the basis of data obtained and prepared by Canada for the purpose of the Monitoring and Assessment Report according to section 2.5 of Annex 4, to be released at the beginning of the fiscal year for which the amount of the increase is calculated;

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

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

  15. Section 13.0 is further amended by adding the following section after section 13.14:
    13.15 Notwithstanding sections 13C and 13.10, Saskatchewan may use up to 10% of the additional amount of Canada's contribution provided under section 13C towards administration costs for each of fiscal years 2018-2019 and 2019-2020, if the total contribution to Saskatchewan towards administration costs under 13.10 for the previous fiscal year was less than 30% of the maximum contribution amount towards the costs of Saskatchewan under section 14 for the previous fiscal year.
  16. Section 14.4 is added after section 14.3:

    14.4 For fiscal year 2017-2018, Canada will make payment of its additional contribution to Saskatchewan under section 13Cfor that fiscal year in one lump sum payment.

  17. Section 16 is deleted in entirety and replaced by the following heading and sections:

    14.0 Payment procedures

    14.1.1 Beginning April 1, 2018, Canada will make payments of its annual contribution towards the costs of the provincial programs and administration costs in two installments each fiscal year. The first installment will be paid on or about April 1 of each fiscal year and the second installment will be paid on or about October 1 of each fiscal year.

    14.1.2 The first installment will be an amount equal to fifty percent (50%) of the total amount of Canada's maximum contribution for the fiscal year based on the amount of Canada's maximum contribution to Saskatchewan for the fiscal year towards the costs of the provincial programs and towards administration costs

    14.1.3 The amount of the second installment will be an amount equal to the balance of Canada's total contribution to Saskatchewan for the fiscal year towards the costs of the provincial programs and towards administration costs.

    14.2 Canada will make payment of its first installment for the fiscal year following receipt of Saskatchewan's annual plan in the fiscal year provided in accordance with sections 3.2 and 3.3.

    14.3 Canada will make payment of its second installment for the fiscal year following the receipt of Saskatchewan's financial report in relation to the previous fiscal year in accordance with section 16 and the Annual Report in accordance with section 8.2.

  18. Section 16 is deleted in entirety and replaced by the following heading and sections:

    16.0 Financial accountability

    16.1 For fiscal year 2017-2018, and for each fiscal year thereafter during the term of this Agreement, Saskatchewan will submit to Canada on or about June 30 for the previous fiscal year a financial report containing:

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

    16.2 The audit of the financial statement shall be performed by the Provincial Auditor of Saskatchewan, or his or her designate, or by an independent public accounting firm registered under the laws of Saskatchewan and shall be conducted in accordance with Canadian Generally Accepted Auditing Standards.

    16.3 Saskatchewan's use of Canada's flexibility provided under section 13.15 towards administration costs for fiscal years 2018-2019 and 2019-2020 shall be included in the audited financial statement prepared in accordance with section 16.1.

  19. Section 22 is amended by adding section 22.2 after 22.1:

    22.2 Canada will make publicly available up-to-date Labour Market Development Agreements entered into with all provinces and territories, including any amendments, by posting them publicly on a Government of Canada website.

  20. Annex 1 entitled “Framework of provincial programs and services” is amended by replacing the description of "Employment Assistance Services" as a “Federal Support measure” by the following:

    Employment Assistance Services: Assist organizations in the provision of employment services.

  21. Section 2.3 of Annex 3 is deleted.
  22. Annex 2 entitled “National Employment Service functions” is replaced in its entirety by a new Annex 2 entitled “National Employment Service functions and Labour Market Information” which is included under Schedule 1 to this amending Agreement.
  23. Annex 4 entitled “Accountability, result measurements and results targets for 1998-99” is replaced in its entirety by a new Annex 4 entitled “Performance Measurement Strategy and Targets” which is included under Schedule 2 to this amending Agreement.
  24. Annex 6 entitled “Canada – Saskatchewan exchange of information and data sharing arrangements” is replaced in its entirety by a new Annex 6 entitled “Canada-Saskatchewan Information and Data Sharing Arrangements” which is included under Schedule 3 to this amending Agreement.
  25. The Parties agree that no part of this Amending Agreement will have an impact on how Canada allocates the current Employment Insurance funding ($1.95 billion per year) when determining the maximum annual amount of contributions paid to Saskatchewan, in accordance with section 13 of the Canada-Saskatchewan LMDA. The Parties acknowledge that the current method set out in section 13 of the Canada-Saskatchewan LMDA for allocating the current $1.95 billion to the provinces and territories is the allocation method described in the letter dated June 26, 1996, from the Deputy Minister of the Department of Human Resources Development to the Deputy Minister of Post-Secondary Education and Skills Training.
  26. For the purpose of facilitating early intervention with EI clients, Saskatchewan agrees to implement and use Canada's Targeting, Referral and Feedback system no later than March 31, 2020. The information sharing arrangements required to implement this system are detailed in Annex 6 of the Canada-Saskatchewan LMDA entitled “Canada – Saskatchewan Exchange of Information and Data Sharing Arrangements”.
  27. The payment of Canada's additional contribution for fiscal year 2017-2018 referred to in section 16 of this amending Agreement will be paid to Saskatchewan as soon as possible after the Parties have signed this Amending Agreement.
  28. Canada and Saskatchewan agree to post Annex 8 of the LMDA, which describes the base allocation methodology in its entirety, on a publicly accessible website within a reasonable timeframe.
  29. In all other respects, the Canada-Saskatchewan LMDA shall remain unchanged.
  30. This amending Agreement shall be read together with the Canada- Saskatchewan LMDA as amended from time to time and takes effect as if its provisions were part of the Canada- Saskatchewan LMDA.
  31. Sections 4, 17 and 20 of this Amending Agreement will come into force on April 1, 2018.
  32. Saskatchewan agrees and recognizes that for fiscal year 2017-2018, Canada's contribution will only be paid to Saskatchewan for Costs of provincial programs as defined in the Canada-Saskatchewan LMDA on April 1, 2017. Saskatchewan further agrees and recognizes that Costs of provincial programs for an EI Client will only be eligible for a contribution under the Canada-Saskatchewan LMDA starting in fiscal year 2018-2019 and subsequent fiscal years once sections 4, 17 and 20 of this Amending Agreement are in effect on April 1, 2018.
  33. All other sections of this amending Agreement will come into force once it has been signed by both Parties.

Signed on behalf of Canada

in Gatineau

this 27 day of March 2018

______________________
The Honourable Jean-Yves Duclos

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

______________________
Louise Levonian

Chairperson, Canada Employment
Insurance Commission

Signed on behalf of Saskatchewan

In Regina

this 28 day of March 2018

______________________
The Honourable Jeremy Harrison
Minister of Immigration and Career Training

Schedule 1

Annex 2 - National Employment Service functions and Labour Market Information

1.0 Purpose

1.1 The purpose of this Annex is to set out:

  • the National Employment Service functions delegated to Saskatchewan by the Canada Employment Insurance Commission;
  • the Parties' respective roles in respect of the delegated functions of the National Employment Service; and
  • how the Parties will cooperate and collaborate in the gathering, analyzing, production, dissemination and use of labour market information.

2.0 National employment service – Functions delegated to Saskatchewan

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

2.1 Pursuant to section 4.1 of the Agreement Saskatchewan agrees to perform the following functions:

  • review job postings of job vacancies prepared by employers for publication in Job Bank in accordance with Canada's requirements and instructions; and
  • authorize the publication of job postings that meet Canada's requirements into Job Bank

2.2 In performing these functions, Saskatchewan shall:

  • comply with Canada's requirements and instructions, including but not limited to requirements on identity management, security and privacy;
  • ensure that there is no discrimination within the meaning of the Canadian Human Rights Act in regards to a job posting;
  • ensure that sufficient resources are dedicated to the performance of the functions set out in section 2.1 in order to meet Canada's service standards for processing and response times in relation to job postings in Job Bank;
  • communicate with employers and employer representatives to resolve any issues in respect of their request to publish a job posting in Job Bank view; and
  • respond to enquiries and provide service support to employers and employer representatives in accordance with accessibility requirements that Canada may require.

2.3 Canada shall:

  • provide to Saskatchewan a copy of its requirements, standards and accessibility requirements related to the functions of the National Employment Service performed by Saskatchewan under this Agreement;
  • provide to Saskatchewan a copy of updates and modifications to Canada's requirements, standards and accessibility requirements;
  • provide Saskatchewan with training to support the performance of its functions and responsibilities set out in section 2.1 and 2.2 ; and
  • maintain and provide Saskatchewan with electronic access to Job Bank, as well as future information technology applications required for Saskatchewan to fulfill the functions and responsibilities set out in section 2.1 and 2.2.;

2.4 Canada and Saskatchewan agree to participate in an annual discussion on plans and priorities for future changes and enhancements to Job Bank and labour exchange services, and maintain regular communication throughout the year to support operational, partnership and data needs, including, but not limited to, monthly calls at one party's request.

2.5 Canada agrees to consult with Saskatchewan before implementing any major changes to the Job Bank Service Standards, as well as requirements on identity management, security and privacy, as referenced in section 2.2.

3.0 Labour market information

3.1 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 System, including 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 labour market information may include:
    1. occupational profiles and forecasts;
    2. community profiles;
    3. demographic and labour force profiles and forecasts;
    4. industrial/sectoral profiles and forecasts;
    5. wage and salary data;
    6. conditions of employment;
    7. vacancy and employment opportunities;
    8. labour market reviews and trends;
    9. occupational demand skill shortage lists;
    10. potential employer lists;
    11. lists of training providers and available courses;
    12. major project updates;
    13. career resource planning tools; and
    14. work search tools.
  5. 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.

Schedule 2

Annex 4 – Performance Measurement Strategy and Targets

1.0 Purpose

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

  • the performance measurement strategy
  • the target setting process, results reporting and results targets

2.0 Performance Measurement Strategy

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

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

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

2.1 Governance

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

  • Review and assess the implementation and effectiveness of the Performance Measurement Strategy; and
  • Identify and propose changes to the Performance Measurement Strategy for approval by Designated Officials.

To plan and carry out evaluation activities for the programs funded under this Agreement, the Parties agree to work together through the Joint Evaluation Committee as described in section 9.2 of the Agreement.

2.2 Performance Measurement

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

  • Individual level participant information;
  • Aggregated individual data;
  • Aggregated employer data; and
  • Information related to Research and Innovation investments.

2.3 Performance Indicators

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

  • Participation of individuals and employers in programs and services;
  • Progression of individuals along the continuum to labour market participation;
  • Improved workforce capacity of employers/industries;
  • Employers/Industries better able to manage labour market challenges;
  • Employment, increased earnings and positive net impacts for individuals; and
  • Sustainable employment of individuals.

2.4 Personal Information

The nature of the exchange of personal information is detailed in Annex 6, entitled “Canada – Saskatchewan Exchange of Information and Data Sharing Arrangements.”

2.5 Reporting

  • Reporting to Canada
    • Annual Report to Canada
      In accordance with section 8.2 of the Agreement, the Annual Report will include, but is not limited to:
      • Information on stakeholder engagement, including the outcomes of that engagement;
      • Description of activities undertaken in the fiscal year, including outcomes;
      • Aggregate information about individuals;
      • Aggregate information about employers and their participation; and
      • Descriptive information about investments in innovative approaches.
    • Quarterly reporting to Canada

      On a quarterly basis, Saskatchewan will report to Canada on all performance indicators through data uploads as described in Annex 6 to this Agreement. This includes individual participants' social insurance numbers.

  • Annual public reporting

    Annually Canada will work collaboratively with Saskatchewan to produce a national report on the Labour Market Development Agreements. Canada will share a preliminary annual national report with Saskatchewan for review and input prior to the publication of the final report.

  • Reporting to Parliament

    Canada will report annually to Parliament on the results of the Labour Market Development Agreements through the Employment Insurance Monitoring and Assessment Report.

2.6 Implementation

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

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

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

2.7 Data sharing

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

  • Share Saskatchewan level data derived from the EI information;
  • Share Saskatchewan level data from EI as per the Targeted Referral and Feedback system; and
  • Share Saskatchewan level data from other sources as they become available.

3.0 Targets and target-setting

3.1 Within this framework, Canada and Saskatchewan will jointly establish in advance of each fiscal year during the period of the Agreement, mutually agreed result targets for the coming fiscal year for the following primary indicators:

  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; and
  3. savings to the Employment Insurance Account.

Schedule 3

Annex 6 – Canada-Saskatchewan Exchange of Information and Data Sharing Arrangements

1.0 Purpose

1.1 The purpose of this Annex to the Canada-Saskatchewan Labour Market Development Agreement (the Agreement) is to provide for the exchange of information, including personal information, as defined in section 3 of Canada's Privacy Act and section 24 of Saskatchewan's The Freedom of Information and Protection of Privacy Act (FOIP 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:

  • 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;
  • 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
  • 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 Saskatchewan's FOIP 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 FOIP 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 participating in 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 an 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 claimant 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 quarterly 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; planning, delivery and administration of Saskatchewan programs; evaluating and reporting about the effectiveness of the assistance provided; and monitoring, assessment and reporting purposes. This information will be provided in a mutually agreed upon format.

  • 3.3.1 Based on the quarterly data files on EI clients and non-insured participants who are participating in 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:
    • 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 an Saskatchewan program
    • unit 144 – LMDA EI claimant who is recorded as employed after their entitlement period as a result of an 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 an 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 an 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 an 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 quarterly data files of 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; planning, delivery and administration of Saskatchewan programs; and for monitoring, assessing, evaluating and reporting about the effectiveness of the assistance provided. The personal information will be provided in two different data sets (by client and intervention):

  • social insurance number
  • age
  • gender
  • designated group indicators (persons with disabilities, members of visible minority groups, Aboriginal peoples, Immigrant)
  • provincial office code
  • EI client type
  • action plan ID
  • action plan start date
  • action plan end date
  • action plan result
  • action plan result date
  • 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's programs funded under this Agreement, 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
  • education by level
  • 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 On a quarterly basis, 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 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 Agreement, 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 an 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 an Saskatchewan program, to assist Saskatchewan in communicating with the client and/or in determining whether any revisions to Saskatchewan 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 (BPC)
  • 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 an 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 an 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 preamble and section 9 of this Agreement:

  • Name
  • Social insurance number
  • Address
  • Postal code
  • Date of birth
  • Telephone number
  • Email address
  • Gender
  • Marital status
  • Number of dependants
  • Disability status
  • Indigenous identity
  • Immigrant status
  • Immigration year
  • Visible minority status
  • Highest level of education
  • Federal official language of choice
  • Federal official language of service
  • Employment status
  • Precarious employment status
  • Provincial office code
  • Intervention name
  • Intervention code
  • Intervention start date
  • Intervention end date
  • Intervention outcome
  • Credential/certificate earned
  • National Occupational Classification
  • Action Plan start date
  • Action Plan end date
  • Action Plan outcome
  • Action Plan outcome date
  • Increase in literacy and essential skills

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

4.4 For the purposes of detecting overpayments of insurance benefits under Part I of the EI Act, due to error, misrepresentation or fraud, to an individual or individuals who are participating in, or have participated in Saskatchewan programs funded under this Agreement, 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 individual 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 individual is not capable of work/intervention/service
  • reason individual 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 an 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 individual and/or in determining whether any revisions to Saskatchewan 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 individual's return to work, and verifying the individual'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 an 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 whose Personnel Security Screening Level expires, until such time as their Personnel Security Screening Level is renewed.

5.7 Saskatchewan will promptly inform Canada when an 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 or incident involving personal information that was accessed or collected from the other party, the party responsible for the privacy breach or incident will promptly notify the other party and follow the process described in Appendix A.

7.0 Mode of information exchange

7.1 Canada and 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;
  • (b) if permitted pursuant to the legislation applicable to the party that received that information and with the written consent of the party that provided that information; or
  • (c) 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 Ministry of Central 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 section the DESD Act for anyone to knowingly make available information that is privileged thereunder or to knowingly use or allow such information to be used otherwise than in accordance with that Act. This provision applies to employees of Saskatchewan as well as employees of ESDC and third Parties to whom the information is disclosed.

8.7 In the event of a request under Canada's Access to Information Act or Privacy Act for personal information obtained from 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 FOIP 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 FOIP Act, The Archives and Public Records Management Act and regulationsthereto,as well as all applicable provincial/territorial 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 have been or are likely to be breached. This includes any cases where it is alleged, suspected, or there is evidence, that there has been unauthorized collection, access, use, disclosure, modification, disposal or destruction of the personal information exchanged under this Annex, modification of a permitted use, misuse, or breach of confidentiality, or any incident which might jeopardize or has jeopardized the security or integrity of the Parties' respective computer systems or networks used to access and transmit the personal information, as outlined in Appendix A to this Annex.

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

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

10.3.2 When an issue cannot be resolved to the satisfaction of the other party, it shall be referred to the Designated officials, in accordance with section 6.01 of this Agreement.

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

  • (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'sFOIP 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 FOIP 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:

  • 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;
  • promptly investigate the cause of the privacy breach;
  • notify the other party;
  • notify the appropriate authorities if criminal activity is suspected;
  • notify the affected individual(s) whose personal information was inappropriately disclosed;
  • 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;
  • 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;
  • take reasonable steps requested by the other party to address the current situation or prevent a reoccurrence; and,
  • 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:

  • review the steps proposed by the other party to address the current situation or prevent a recurrence of the non-compliance;
  • 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
Chief Privacy and Access Officer
Ministry of Immigration and Career Training
1000, 2103 – 11th Avenue
Regina, Saskatchewan
S4P 3Z8
econ.lcs@gov.sk.ca

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