Canada-Yukon Labour Market Development Agreement

1.0 Purpose

1.1 The purpose of this Annex to the Canada-Yukon Labour Market Development Agreement (“LMDA”) is to describe the programs and services, also referred to as benefits and measures that will be provided by Yukon.

2.0 Objectives

2.1 The objective of Yukon benefits and measures is to assist individuals to prepare for, obtain, and maintain employment and to reduce their dependency on government forms of income support including EI benefits and social assistance.

2.2 In support of this objective and the objective of eliminating overlap and duplication, Yukon intends to incorporate the following design features:

• (a) harmonization with territorial employment initiatives to ensure that there is no unnecessary overlap or duplication;
• (b) flexible and broad array of client centred services, supports and benefits to participants;
• (c) reduction of dependency on unemployment benefits by helping individuals obtain or keep employment;
• (d) co-operation and partnership with other governments, employers, community-based organizations and other interested organizations;
• (e) flexibility to allow decisions to be made at a local level;
• (f) availability of assistance under the benefits and measures in either official language where there is significant demand for that assistance in that language;
• (g) commitment by persons receiving assistance under the benefits and measures to
  • (i) achieving the goals of the assistance,
  • (ii) taking primary responsibility for identifying their employment needs and locating services necessary to allow them to meet those needs, and
  • (iii) if appropriate, sharing the cost of the assistance; and
• (h) implementation of the benefits and measures within a framework for evaluating their success in assisting persons to obtain or keep employment.

2.3 Yukon will be responsible for selecting priority clients for Yukon benefits and measures but only EI clients will be given access to Yukon Benefits funded under this Agreement.

3.0 Yukon benefits

Yukon will provide a broad range of services to enable EI clients to obtain employment.

3.1 Employment services

Employment services will be made available to encourage employers to hire to the fullest extent possible, EI clients who are at risk of extended periods of unemployment and/or provide participants with short-term work experience to help them acquire skills needed by local employers. Benefits will be used to provide:

Employment services – Wage subsidy component:

• (a) Support training on the job and work placement activities which could include targeted wage subsidies, work tools or equipment, short-term training and other employment related supports.

Employment services – Work experience component

• (b) Develop employment partnerships with employers and community groups that provide meaningful work experience opportunities for EI clients and may also help develop the community and local economy.

3.2 Self-employment assistance

Yukon will provide self-employment services to assist EI clients to start businesses and become self-employed. Services may include entrepreneurship training, individualized coaching and client supports.

3.3 Skills development

Yukon will implement a benefit for the education and training of EI clients so they can obtain the skills necessary for employment. This benefit will include the costs ordinarily paid by Yukon over and above the amounts recovered through tuition fees, with respect to each EI client receiving financial assistance under Skills Development and attending a publicly funded training institution.

3.4 Earnings supplement

Yukon will provide, or assist third party organizations with providing temporary earnings supplements to encourage clients to accept employment.

4.0 Yukon measures

4.1 Employment assistance services

Employment assistance services will be used to help clients to obtain employment. Services may include needs determination, employment counseling, job search training and provision of labour market information.

Yukon will provide services to meet the needs of specific client groups and local communities through a service delivery network that is further described in Annex 3.

Employment assistance services will be available to unemployed persons and job seekers.

4.2 Labour market partnerships

Through work with employer and employee groups, sectoral associations and other partners, Yukon will facilitate labour market activities that promote labour force development, workforce adjustment and effective human resources planning.

It is understood that Labour market partnerships may be used to provide assistance for employed persons who are facing becoming unemployed.

4.3 Research and innovation

Yukon will develop a territorial measure to support research, planning and innovative activities that address the needs of those in the Yukon labour market.

1.0 Purpose

The purpose of this Annex is to set out the National Employment Service (NES) function delegated to Yukon by the Canada Employment Insurance Commission.

2.0 Delegation of labour exchange function

2.1 Yukon shall maintain labour exchange in a manner that allows universal access by all clients and to the timely transfer of information to the national labour exchange system as the parties to the agreement agree to be appropriate.

3.0 Cooperation on Labour Market Information

3.1 Canada and Yukon agree to the preparation of a joint labour market information strategy which will set out how each party will cooperate in gathering, analyzing, producing, disseminating and using local, territorial and national labour market information to support economic progress.

3.2 In the joint Strategy, Canada and Yukon agree to clarify their respective roles and responsibilities, to encourage partnerships and ensure complementarity such that there is no unnecessary overlap and duplication.

3.3 Canada is responsible for the National Labour Market Information System, including the National Labour Market Information (LMI) System with which it will produce and disseminate labour market information and products connected with proper management of the Employment Insurance Account, entitlement to and continuation of EI benefits, and information for Employment Insurance users, as well as those required for the planning and delivery of HRSDC activities relating to this Agreement.

3.4 Yukon will be responsible for producing local, regional and territorial labour market information needed to assume the responsibilities conferred on it in this Agreement, as well as disseminating within Yukon, labour market information relating to the implementation of this Agreement and participating in and maintaining a link with the National Labour Market Information System.

3.5 Local, regional, territorial and national labour market information may include:

• a) occupational profiles and forecasts;
• b) community profiles;
• c) demographic and labour force profiles and forecasts;
• d) industrial/sectoral profiles and forecasts;
• e) wage and salary data;
• f) conditions of employment;
• g) vacancy and employment opportunities;
• h) labour market reviews and trends;
• i) occupational demand and skill shortage lists;
• j) potential employer lists;
• k) lists of training providers and available courses;
• l) major project updates;
• m) career resource planning tools; and
• n) work search tools.

1.0 Purpose

The purpose of this Annex is to set out the agreement of the parties on the indicators to be used for measuring the results of the Yukon benefits and measures, the annual results target-setting process, and annual results reporting.

2.0 Results measurement indicators

2.1 Canada and Yukon agree that the following indicators are to be used in measuring the results of the Yukon benefits and measures:

• (a) the number of active EI claimants who have accessed Yukon benefits and measures;
• (b) the number of EI clients returned to employment; and
• (c) savings to the Employment Insurance account.

3.0 Annual targets and target-setting

3.1 Canada and Yukon agree that the annual targets for the three results indicators will be mutually agreed to and be based upon historical data, socio-economic and labour market context, local or regional priorities, the characteristics or requirements of clients, and the funds available for the Yukon benefits and measures. Canada and Yukon agree that the results targets for the first fiscal year of implementation of the Yukon benefits and measures will be soft targets.

3.2 The results targets for each fiscal year will be set out in the Annual annex for that fiscal year.

4.0 Reporting of results

4.1 Canada and Yukon agree that the results indicators will be tracked and reported to Canada on a quarterly basis. Yukon will provide to the Regional Executive Head, Service Canada responsible for Yukon, the following Year-to-Date (YTD) information:

• (a) Percentage of EI clients involved in Yukon benefits who are active EI claimants;
• (b) Number of EI clients and the number of active EI claimants who are employed or self-employed, broken down by Yukon benefit and the average cost. EI clients, including active EI claimants, are considered as employed if they:
  • (i) have drawn 25 percent or less of their Employment Insurance entitlement for twelve consecutive weeks (applies to active EI claimants who return to employment twelve weeks or more before the end of their benefit period); or,
  • (ii) draw 25 percent or less of their Employment Insurance entitlement in all their remaining weeks on benefits (applies to active EI claimants who return to employment less than twelve weeks before the end of their benefit period); or,
  • (iii) are recorded as employed at 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 EI claimants); or,
  • (iv) are employed when contacted twelve weeks after 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 EI claimants);
• (c) Year-to-Date savings to the Employment Insurance Account as a result of active EI claimants becoming employed before making a full draw on their insurance entitlement (Part I insurance benefit entitlement minus actual Part I payout); and
• (d) the number of EI clients and the number of active EI claimants who have completed their intervention, broken down by type and average cost per intervention, as well as the number of active EI claimants who have yet to complete their intervention.

1.0 Purpose

1.1 The purpose of this Annex to the Canada-Yukon 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 3 of Yukon’s Access to 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 Yukon

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

• (a) assisting Yukon 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 Yukon’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 Yukon’s programs, assisting Yukon in determining the nature and level of financial assistance to be provided to the EI client under Yukon’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
• territorial 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 Yukon an update on all or any of the above information, for use by Yukon in reviewing, as needed, the purpose and amount of the financial assistance provided to the EI recipient by Yukon.

3.2 When Canada is unable to successfully process the information submitted by Yukon pursuant to section 4.2 of this Annex, regarding the referral by Yukon of an active EI claimant to a Yukon benefit, for purposes of sections 25 and 27 of the EI Act, Canada will provide to Yukon any or all of the following personal information under its control on the EI clients so referred, for use by Yukon 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
• territorial 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 Yukon 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 Yukon under Yukon programs, for use by Yukon 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 Yukon programs funded with EI Part II monies, as provided by Yukon in section 4.3, the following personal information will be provided to Yukon by Canada in a return file to assist Yukon in reviewing and verifying Canada’s reporting of results on clients employed and unpaid benefits:

• social insurance number
• territorial office code
• EI client status
• Benefit Period Commencement (BPC)
• 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 Yukon program
• unit 144 – LMDA EI claimant who is recorded as employed after their entitlement period as a result of a Yukon program
• unit 145 – LMDA EI claimant who becomes employed before the end of their entitlement period as a result of a Yukon group service
• unit 146 – former LMDA EI claimant who becomes employed as a result of a Yukon 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 Yukon 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 Yukon 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 Yukon 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 Yukon programs funded with EI Part II monies, as provided by Yukon in section 4.3, the following personal information will be provided to Yukon 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)
• territorial 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 Yukon, when requested by Yukon and based on the selection criteria identified by Yukon, 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 Yukon in contacting EI applicants who may be interested in receiving assistance under the Yukon’s programs funded under this LMDA, in order to facilitate their return to work:

• name
• social insurance number
• address
• postal code
• telephone number
• email 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
• territorial 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 Yukon, the following personal information under its control, on all EI clients residing in Yukon who are active EI claimants and who are in receipt of regular or fishing benefits, to assist Yukon in the strategic planning of the delivery of its programs:

• postal code (first three digits)
• territorial 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 (BPC)
• 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 Yukon or Canada involving these data elements must be in cells of no less than 10.

3.7 Yukon 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 Yukon 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 Yukon 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 Yukon under Yukon programs funded under this LMDA, Canada will provide to Yukon 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 Period Commencement (BPC)
• 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 Yukon 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 Yukon 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 Yukon, when requested by Yukon, 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 Yukon program, to assist Yukon in communicating with the client and/or in determining whether any revisions to Yukon’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 (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 Yukon to Canada

4.1 Yukon 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 Yukon’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 Yukon 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 Yukon 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 Yukon program (for purposes of section 25 of the EI Act):
  • name
  • social insurance number
  • territorial 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 Yukon to quit their job in order to participate in a Yukon 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 Yukon program, and rationale for any gap of more than two weeks
  • name and signature of designated authority, with date

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

• (a) about each EI client who is participating in Yukon programs, and
• (b) for each non-insured participant who is participating in Yukon 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 Yukon under Yukon’s programs, which Canada is required to do under Articles 8 and 11 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
• territorial office code
• action plan ID
• start date of action plan
• territorial 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)
• 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 Yukon 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 Yukon programs funded under this LMDA, Yukon 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 Yukon 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 Yukon’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, Yukon 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 Yukon 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 Yukon in communicating with the client and/or in determining whether any revisions to Yukon financial assistance are required:

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

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

5.5 Yukon 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. Yukon will retain, and upon request will provide to Canada, the following personal and non-personal information under its control for each Yukon 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. Yukon will conduct a new Personnel Security Screening Check for their Authorized Users at least every 10 years (or more frequently, if required under Yukon’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 Yukon will promptly inform Canada when a Yukon’s 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, Yukon will promptly inform ESDC’s Director, EI Part II, benefits and measures of the breach/incident and follow the process described in Appendix A.

7.0 Mode of information exchange

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

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

7.3 Canada and Yukon 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 Yukon may request improvements to Canada’s applications used by Yukon. 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 Yukon, 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 Yukon 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 Yukon 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 Yukon 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 Yukon 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 Yukon 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 email, data centre (servers), and network services.

8.5.2 For the purpose of section 8.5, a “third party” does not include Information and Communications Technology, the central service of Yukon Government under the Department of Highways and Public Works, which is responsible for the provision of Information Technology (IT) infrastructure services to Yukon, that may include email, data center (servers), and network services.

8.6 Yukon 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 Yukon as well as of 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 Yukon under this Annex, Canada agrees to consult, when required, with Yukon prior to any disclosure of such information. In the event of a request under Yukon’s Access to Information and Protection of Privacy Act, for information obtained from Canada under this Annex, Yukon 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 Yukon, the Access to Information and Protection of Privacy Act, and regulations thereto, as well as all applicable 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 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 21.2 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 Yukon’s Access to Information and Protection of Privacy Act, personal information (as defined therein) in Yukon’s custody or under Yukon’s control may only be stored or accessed in Canada.

12.2 Canada and Yukon will cooperate to ensure that the provisions of Yukon’s Access to Information and Protection of Privacy Act are respected

13.0 General

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

Appendix A – Privacy breach requirements

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

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

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

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

For ESDC

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

For Yukon

Director, Labour Market Programs and Services
Advanced Education Branch
Department of Education
Government of Yukon

1000 Lewes Blvd.
Whitehorse, YT, Y1A 3H0
Anton.solomon@gov.yk.ca