Quebec Workforce Development Agreement

Information for reference

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

Between
The Government of Canada (hereinafter referred to as “Canada”) as represented by the Minister of Labour styled as the Minister of Employment, Workforce Development and Labour;

And
The Government of Quebec (hereinafter referred to as “Quebec”) as represented by the Ministre du Travail, de l’Emploi et de la Solidarité sociale and the Minister responsible for Canadian relations and the Canadian Francophonie.

Preamble

Whereas Canada and Quebec have entered into labour market transfer agreements, including the Canada-Quebec Agreement 2014 to 2020 for the Transfer of Funds under the Canada Job Fund, the 2014 to 2018 Canada- Quebec Labour Market Agreement for Persons with Disabilities, and the 2014 to 2017 Canada-Quebec Agreement on the Targeted Initiative for Older Workers;

Whereas Canada announced a commitment in Budget 2017 to make these labour market transfer agreements simpler and more flexible by consolidating them into a new Workforce Development Agreement;

Whereas there is a Quebec-specific partnership dynamic on labour force development in which the Commission des partenaires du marché du travail, a consultative body created in 1997 that brings together employers, unions, educational and community organizations, advises the Ministre du Travail, de l’Emploi et de la Solidarité sociale to guide public employment services so that they meet labour market needs, from both the business and labour force perspectives;

Whereas the Commission des partenaires du marché du travail has advisory committees that focus on youth, persons with disabilities and Indigenous peoples;

Whereas the new Workforce Development Agreement will promote greater administrative efficiency and consistency with the provisions of the Labour Force Development Agreement, namely the Canada- Quebec Labour Market Agreement in Principle signed on April 21, 1997, and the Canada-Quebec Labour Market Implementation Agreement signed on November 28, 1997;

Whereas the modernization of labour market transfer agreements follows a 2016 pan-Canadian consultations by the Forum of Labour Market Ministers and a consultation by Quebec with the Commission des partenaires du marché du travail, in which 700 stakeholders voted on how best to meet the needs of Canadians;

Whereas, in terms of broad principles and objectives, in Quebec it is appropriate to maintain an integrated, decompartmentalized and universal model of public employment and training services that are focused on client needs and outcomes;

Whereas Canada and Quebec agree that these broad principles and objectives will guide investments made under this Agreement and the Labour Market Development Agreement, namely the Canada-Quebec Labour Market Agreement in Principle signed on April 21, 1997, and the Canada-Quebec Labour Market Implementation Agreement signed on November 28, 1997, which was subsequently amended on July 20, 2007, April 30, 2009, August 25, 2014, December 21, 2016, February 23, 2018, and March 27, 2019;

Whereas Canada recognizes that the allocation of federal funding is done in accordance with Quebec’s jurisdictions, directions and priorities;

Whereas Canada and Quebec recognize the importance of engaging their respective Indigenous partners, which in Quebec is reflected in the activities of the Commission des partenaires sur le marché du travail;

Whereas Canada and Quebec recognize the importance of the services provided by Indigenous partners;

Whereas Canada and Quebec are working together to improve the consistency and quality of services provided to persons with disabilities and youth in Quebec, among others;

Whereas Canada and Quebec recognize the importance of continuous improvement and that it is based on labour market information, the sharing best practices and the promoting innovation;

Whereas Canada and Quebec agree on the importance of providing individualized employment and training measures and services to meet the diverse needs of Quebec workers in order to promote full participation in the labour market;

Whereas Canada and Quebec agree that rigorous accountability and evaluation mechanisms are essential to demonstrate the results of public employment services and guide the development of program and policies;

Whereas Canada recognizes that Quebec has already put in place such mechanisms and will continue to report to its population in that regard;

Whereas Canada supports the employment and training measures and services offered in Quebec by providing a financial contribution under this Agreement;

Whereas Canada and Quebec agree, as part of this Agreement, to increase funding until 2022 to 2023 to support persons with disabilities so that they can enter and remain in the labour market;

Whereas Canada is authorized to enter into this Agreement pursuant to the provisions of sections 7 and 10 of the Department of Employment and Social Development Act;

Whereas Quebec, pursuant to Decree Number 594-2019 dated June 12, 2019, has approved the terms of the Agreement;

Accordingly, Canada and Quebec agree as follows:

Interpretation

1. In this Agreement, unless otherwise specified,

“Agreement” means this Workforce Development Agreement and any related annexes, as amended in accordance with section 36;

“Annual Plan” means the annual plan for a fiscal year developed by Quebec under section 24;

“Annual Report” means the annual report for a fiscal year developed by Quebec under section 25;

“Canada-Quebec Canada Job Fund Agreement” means the Canada-Quebec Agreement 2014 to 2020 for the Transfer of Funds under the Canada Job Fund between Canada and Quebec, entered into on March 4, 2014;

“Canada-Quebec Labour Market Agreement for Persons with Disabilities” means the 2014 to 2018 Canada-Quebec Labour Market Agreement for Persons with Disabilities entered into between Canada and Quebec on July 6, 2015;

“Designated Officials” means, for Canada, the Senior Assistant Deputy Minister, Skills and Employment Branch, Department of Employment and Social Development, or any other official of Canada designated by the Minister of Employment and Social Development by notice in writing to Quebec, and for Quebec, the Assistant Deputy Minister of Développement et des partenariats de Services Québec of the Ministère du Travail, de l’Emploi et de la Solidarité sociale, or any other official of Quebec designated by the Ministère du Travail, de l’Emploi et de la Solidarité sociale by notice in writing to Canada;

“Effective Date” means the date specified in section 30;

“Eligible Beneficiaries” means the beneficiaries referred to in section 8;

“Eligible Costs” means the program and program administration costs incurred by Quebec in providing assistance to eligible beneficiaries under its eligible programs during the period of the Agreement;

“Eligible Programs” means the employment and training measures and services of Quebec described in section 7;

“Fiscal Year” means the period commencing April 1 of a calendar year and ending March 31 of the following year;

“Health-Related Expenses” means any expenses or fees related to measures or services primarily oriented toward medical treatment with a goal of enhancing employability, which includes treatment of substance abuse and addiction, personal support services and devices;

“Joint Committee” means the committee established under section 28;

“Labour Market Development Agreement” means the Canada-Quebec Labour Market Agreement in Principle entered into on April 21, 1997, the Canada-Quebec Labour Market Agreement (Implementation) entered into on November 28, 1997, and their subsequent amendments;

“Parties” means Canada and Quebec;

“Period of the Agreement” means the period specified in section 30;

“Program Administration Costs” means the direct and indirect internal compensation and operating costs incurred by Quebec in developing and managing eligible programs, as well as for budgetary monitoring and the production of various reporting tools related to the Agreement;

“Program Costs” means:

  1. the costs of financial assistance provided by Quebec under its eligible programs directly to or on behalf of eligible beneficiaries
  2. the costs incurred by Quebec in relation to the direct provision of assistance to eligible beneficiaries by Quebec under its eligible programs
  3. the costs of providing financial assistance or other payments provided by Quebec under its eligible programs to third-party service providers or external resources as reimbursement for costs incurred by them, or as payment for services rendered by them, in relation to the provision of assistance to eligible beneficiaries under eligible programs

but they do not include:

  1. basic income support, unless payments are tied to active participation in an eligible program
  2. costs of financial assistance to public or private training institutions, infrastructure or program development costs, unless these costs are directly related to the delivery of eligible programs
  3. health-related expenses above 25% of the total amount of the Canada and Quebec allocations for eligible costs related to eligible programs for persons with disabilities, in accordance with the provisions of sections 12 and 13
  4. any costs that have already been paid by a third party for the delivery of services related to a disability resulting from an injury, such as an insurance company, the Société de l’assurance automobile du Quebec, or the Commission des normes, de l’équité, de la santé et de la sécurité du travail du Quebec
  5. any costs that have already been transferred or paid under any other agreement between Canada and Quebec or pursuant to any other federal program or legislation

Vision, objectives and principles

2. Canada and Quebec share a vision that integrated, decompartmentalized and universal measures and services that focus on client needs and outcomes are better able to meet the evolving needs of individuals, employers and communities.

3. Canada and Quebec agree that the main objectives of the Agreement are to encourage inclusive labour market participation, promote training-employment matching, and encourage labour market resilience and efficiency.

4. (1) Quebec determines the policies and priorities of the labour market in its territory and, as such, designs, plans, offers and evaluates employment and training measures and services adapted to the needs of its clientele.

(2) It is understood that the main principles of the employment and training measures and services developed by Quebec in collaboration with its labour market partners are:

  1. focused on client needs, including minimizing barriers to access measures and services
  2. inclusive, in particular to support under-represented groups and those further removed from the labour market; and
  3. results-oriented, flexible, responsive and innovative

(3) These measures and services include improving the level of training, increasing knowledge, maintaining support measures, and strengthening employment partnerships.

5. Canada and Quebec agree that the administration and management of the programs covered by this Agreement will be structured in such a way as to reduce the administrative burden for eligible recipients.

6. Quebec provides employment and training support to eligible recipients to improve their ability to perform their jobs, help them prepare for new employment, increase their participation in the labour market, help them acquire the skills needed to find and keep a job, improve their labour market outcomes, and refine their workforce.

Eligible programs

7. (1) In order to promote the integration and retention of individuals and the adaptation of businesses to changing labour market conditions, Canada and Quebec agree that the eligible programs under this Agreement include, in particular, the employment and training measures and services offered by Quebec to eligible recipients in section 8 with the following objectives:

  1. help individuals acquire, master and refine the skills necessary for integration, retention and development in employment
  2. provide individuals with a variety of employment and training measures to prepare them for new employment or increase their participation in the labour market
  3. provide opportunities for individuals to gain work experience in order to improve their chances of finding and maintaining employment
  4. help individuals start their own businesses or become self-employed
  5. encourage employers to hire and support the training of their employees; and
  6. implement strategies to help them cope with changes in the labour market

(2) Eligible programs may include means to achieve these objectives, including financial support and the availability of numerous employment-related consulting services.

(3) Quebec’s employment and training measures and services may be provided in person, online or by any other means of delivery, and the choice of delivery method of such measures and services is Quebec’s exclusive responsibility.

8. Quebec agrees to use the funding provided under this Agreement to provide support for its eligible programs to:

  1. Canadian citizens
  2. permanent residents
  3. protected persons within the meaning of the Immigration and Refugee Protection Act (Canada) entitled to work in Canada; and
  4. employers with the exception of federal, provincial and territorial governments, and federal Crown corporations and agencies

9. Canada and Quebec agree that although eligible recipients include Indigenous peoples, Canada will continue to offer its own labour market programs to Indigenous peoples.

10. Quebec agrees not to impose a minimum residency period on applicants for assistance under eligible programs funded under this Agreement.

Financial provisions

Canada’s Annual Contribution

11. (1) Subject to the terms and conditions of this Agreement, in each Fiscal Year during the period of the Agreement, Canada agrees to make a contribution to Quebec Fiscal Year in respect of the eligible costs incurred in that Fiscal Year of an amount not exceeding the amount, rounded to the nearest thousand, determined by the formula:

F x K/L

Where F represents, subject to the allocation of funds by Parliament:

  1. in Fiscal Year 2019 to 2020 Fiscal Year $605,501,000
  2. in Fiscal Year 2020 to 2021 Fiscal Year and subsequent Fiscal Years $715,502,000

K is the total population of Quebec in the Fiscal Year

L is the total population of all provinces in the Fiscal Year

(2) Notwithstanding subsection (1), for the 2019 to 2020 Fiscal Year, Canada agrees to increase the maximum contribution payable under subsection (1) towards the eligible costs incurred in that Fiscal Year of an amount not exceeding $26,219,325.

(3) Notwithstanding subsection (1), for each Fiscal Year from 2019 to 2020 until 2022 to 2023, Canada agrees to increase the maximum contribution payable under subsection (1) towards the eligible costs incurred in that Fiscal Year of an amount not exceeding the amount, rounded to the nearest thousand, determined by the formula:

G x K/L

Where G represents, subject to the allocation of funds by Parliament:

a) In Fiscal Year 2019 to 2020 $136,758,000
b) In Fiscal Year 2020 to 2021 $198,200,000
c) In Fiscal Year 2021 to 2022 $198,200,000
d) In Fiscal Year 2022 to 2023 $198,200,000

K is the total population of Quebec in the Fiscal Year.

L is the total population of all provinces in the Fiscal Year.

(4) For the purposes of subsections (1) and (3), the population of Quebec and the total population of all provinces in that Fiscal Year shall represent the respective populations, determined on the basis of the preliminary quarterly population estimates as of July 1 of that Fiscal Year, published in September of that Fiscal Year by Statistics Canada.

(5) According to Statistics Canada’s quarterly population estimates on the respective populations as of July 1, 2018, the notional maximum contribution amount payable by Canada to Quebec for the 2019 to 2020 year is $194,835,779.

(6) For the 2019 to 2020 Fiscal Year and each subsequent Fiscal Year of the period of the Agreement, Canada shall inform Quebec at the beginning of the Fiscal Year of the notional amount of its maximum contribution payable for that year. The notional amount will be calculated based on Statistics Canada’s preliminary quarterly population estimates as of July 1 of the previous Fiscal Year. Canada will inform Quebec of the actual amount of its maximum contribution for each of these years as soon as possible following the publication, in September of each year, of Statistics Canada’s preliminary quarterly population forecasts referred to in subsection (4).

Quebec Allocation toward Persons with Disabilities

12. For each Fiscal Year during the period of the Agreement, Quebec will allocate and use on program costs to support the employment and training supports of persons with disabilities an amount equal to:

  • a) $41,303,624; plus
  • b) for each Fiscal Year from 2019 to 2020 until 2022 to 2023, an amount determined by the following formula

A x (B/C – 1)

In which:

A is equal to the sum of paragraph (a)

B is the total amount of the contribution paid to Quebec during a Fiscal Year, in accordance with section 11;

C represents $166,821,795.

13. For each Fiscal Year during the period of the Agreement, Quebec agrees to spend an amount equal to the amount allocated under paragraph 12(a) on employment and training measures and services for persons with disabilities from its own funds.

Maximum Annual Contribution in respect of Administrative Costs

14. Canada’s contribution to the costs of administering Quebec programs incurred in each Fiscal Year shall not exceed:

  1. for the 2019 to 2020 Fiscal Year, an amount equal to 15% of the maximum contribution amount payable by Canada under section 11 for that Fiscal Year
  2. for the 2020 to 2021 until 2022 to 2023 Fiscal Years and subsequent years, an amount equal to 10% of the maximum contribution amount payable by Canada under section 11 for those Fiscal Years

Carry forward

15. (1) At the request of Quebec, it may retain and carry forward to the following Fiscal Year an amount of up to 5% of the contribution amount paid to Quebec, for a given Fiscal Year under section 11, that exceeds the amount of eligible costs actually incurred by Quebec in that Fiscal Year.

(2) All amounts carried forward to the next Fiscal Year pursuant to subsection (1) must be spent by the end of the next Fiscal Year. Quebec may not carry forward unexpended amounts at the end of the next Fiscal Year and it may not retain any balance of Canada’s contribution paid under section 11 that has not been spent before the end of the agreement. These amounts are considered a debt to Canada and shall be repaid in accordance with sections 19 and 20.

(3) Quebec may not carry forward to the next Fiscal Year a contribution amount from Canada that Quebec is required to allocate and spend on costs for employment programs and training support for persons with disabilities under section 12.

Terms of Payment

16. (1) Canada will make payments of its annual contribution, as determined under section 11, in 2 installments each Fiscal Year. The first installment will be paid on or about June 1 of each Fiscal Year and the second will be paid on or about November 15 of each Fiscal Year.

(2) The first payment will correspond to 50% of the notional amount of Canada’s maximum contribution payable to Quebec for the Fiscal Year.

(3) The second installment shall correspond to the remainder of the maximum contribution payable to Quebec for the Fiscal Year based on the amount of the contribution determined under section 11 for the Fiscal Year.

17. Canada will make payment of its first installment for the Fiscal Year in accordance with section 16, once Quebec has shared with Canada the information identified in paragraphs (a)(i) and (b) of subsection 28 (5) as part of the work or a meeting of the Labour Market Committee.

18. Canada will make payment of its second installment for the Fiscal Year in accordance with section 16, when the audited annual statement of revenues and expenses for the previous Fiscal Year has been provided in accordance with section 26 and when Quebec has shared the information identified in paragraph (a)(ii) of subsection 28 (5) as part of the work or a meeting of the Labour Market Committee.

Repayment of Overpayments

19. Quebec shall repay to Canada any amounts paid to Quebec in excess of the amount to which Quebec is entitled under this Agreement. Such an amount is a debt due to Canada and shall be repaid promptly to Canada upon receipt of the notice of repayment and within the timeframe agreed to by the parties.

20. If the audited annual statement of revenues and expenses indicates that Quebec has not allocated and used the portion of Canada’s contribution in the amount specified under section 12 or has not contribute an amount from Quebec’s own revenues in accordance with section 13 on eligible program costs for employment and training measures and services for persons with disabilities, the difference between these amounts constitute an overpayment and will be considered a debt due to Canada, and may be recovered as such. In addition to any other remedies available, Canada has the right to recover the debt by deducting the amount of the debt from any future contribution payable to Quebec under this Agreement.

Language of service

21. With regards to the language of service, the parties declare that they are satisfied with the commitments made and the arrangements specified under the Canada-Quebec Labour Market Agreement in Principle signed on April 21, 1997.

Accountability framework

22. (1) In view of the labour market objectives pursued in this Agreement;

(2) Whereas the funds provided as a financial contribution in connection with this Agreement are intended to support the achievement of those objectives;

(3) Whereas an accountability framework is needed, among other things in order to measure the results obtained in the use of the funds provided as a financial contribution under this Agreement;

(4) Whereas, given the strong partnership structure in the planning and delivery of public employment services, which includes the Commission des partenaires du marché du travail (CPMT) and the Conseil régionaux des partenaires du marché du travail, Quebec ensures that it meets the various regional labour market needs in terms of labour and employment;

(5) Whereas the Government of Quebec, in November 2017, set up the Secrétariat aux relations avec les Québécois d’expression anglaise, whose mandate includes ensuring that the concerns of English-speaking Quebec workers are taken into account in government actions and directions , and in regard to access to and application of government programs, liaising with the sectoral, regional and provincial groups that represent them, and advising the government on the service delivery and on issues, agreements, programs and policies that may have a direct or indirect impact on this community;

23. Canada and Quebec agree on an accountability framework for the funding provided under this Agreement that includes:

  1. annual planning
  2. annual report
  3. audited annual statement of revenues and expenses
  4. evaluation

Annual Planning

24. (1) Pursuant to the Act respecting the Ministère de l’Emploi et de la Solidarité sociale and the Commission des partenaires du marché du travail (CQLR, c. M-15.001), the Ministère du Travail, de l’Emploi et de la Solidarité sociale (MTESS), in collaboration with the CPMT, prepares an annual action plan on workforce and employment.

(2) This annual action plan includes:

  1. the issues concerning labour markets and the clients selected for intervention
  2. strategic directions stemming from this analysis, taking into account, among other things, government directions as well as the priorities of the Minister and the CPMT
  3. areas of intervention and strategies for addressing those issues and responding to the labour market needs identified
  4. targeted outcome indicators, the level of their targets, and the results achieved in relation to client participation in public employment service interventions
  5. the intervention budgets available to MTESS to meet its targets, the allocation of this budget among regional and central envelopes, major budget items, and the amount of Canada's transfers under bilateral labour market agreements, broken down by agreement

(3) For each Fiscal Year during the period of this Agreement, starting in the 2019 to 2020 Fiscal Year, Quebec will make available the annual labour and employment action plan of the MTESS on February 15 or when it has been tabled in the National Assembly. Within 30 days after the release of the annual action plan, Quebec shall also provide to Canada relevant public information, including information on public employment measures and services in Quebec and targeted clients.

(4) Quebec, in collaboration with the CPMT, will also continue to consult with stakeholders from the disability community to promote their full participation in the labour market.

Annual Report

25. (1) Each year, the MTESS produces an annual management report that contains a separate component reporting on the results of the annual workforce and employment action plan developed jointly with the CPMT.

(2) The annual management report includes:

  1. the key strategies implemented to realize the directions of the annual action plan and its targeted outcomes
  2. the results achieved against those targets and the factors that explain any discrepancies between the targets and outcomes
  3. the use of the budget, and including transfers from Canada under bilateral labour market agreements, broken down by agreement

(3) For each Fiscal Year during the period of this Agreement, starting in the 2019 to 2020 Fiscal Year, Quebec will make available the annual management report of the MTESS on October 1 or when it has been tabled in the National Assembly. Within 30 days of the publication of the annual management report, Quebec will send Canada a document containing the structured information listed in Annex 1 to describe and attest the results of the programming funded in part by this Agreement and by the Labour Market Development Agreement.

(4) The information in the annual management report are supplemented by results obtained periodically, via survey, from a sample of individuals who have benefited from employment and training measures and services, which provides information on the situation of these individuals twelve months after the end of their participation. The same applies to services for employed workers and companies with workforce issues. Quebec will forward the results of these surveys to Canada as soon as they are published.

Audited Annual Statement of Revenues and Expenses

26. (1) For each Fiscal Year during the period of this Agreement, starting in the 2019-2020 Fiscal Year, and no later than July 15 following the end of each Fiscal Year of the period of this Agreement, Quebec shall provide Canada with an audited annual statement of revenues and expenses that shall indicate the payments received from Canada under this Agreement during the Fiscal Year and the expenses relating to eligible costs incurred by Quebec under the eligible programs. The audited annual statement of revenues and expenses will detail:

  1. the costs of eligible programs, broken down according to the various programs and initiatives funded under this Agreement
  2. the total amount of investments made for eligible program costs for persons with disabilities in accordance with sections 12 and 13
  3. the amount of health-related expenses incurred during the Fiscal Year
  4. program administration costs
  5. all amounts carried forward pursuant to section 15 of this Agreement; and
  6. all overpayment amounts paid by Canada in previous years that constitute a debt to Canada pursuant to sections 19 and 20

(2) The Vérificateur général du Québec will conduct an audit and produce a statement certifying that the amounts presented in the annual statement of revenues and expenses reflect fairly, in all material respects, the use thereof made in accordance with generally accepted accounting principles. The work may be carried out by 1 of its agents or an independent accounting firm registered under the laws of Quebec.

Evaluation

27. (1) The Parties recognize the importance of evaluating the results of the measures and services funded under the Agreement and the relevance of using, as part of the evaluation frameworks developed for this purpose, commonly accepted research models and methodologies to ensure that the evaluations are reliable and credible in determining the results of the employment and training measures and services.

(2) Quebec is responsible for evaluating the measures and services provided in Quebec.

(3) Given the integrated and decompartmentalized nature of its public employment services, Quebec will conduct a single evaluation for all its employment and training measures and services funded through this Agreement and the Labour Market Development Agreement. This evaluation will determine the effectiveness and efficiency of Quebec’s employment and training measures and services. It will also differentiate results according to an individual’s status with respect to public income support. In addition, the evaluation will present results about the income of individuals who have completed their participation in a public employment service intervention.

(4) The evaluation will cover the period from April 1, 2017, to March 31, 2021, and must be completed by March 31, 2022. Once published, the results of Quebec’s evaluation will be shared with Canada.

(5) Where applicable, Canada and Quebec shall approve, by way of an agreement, a mechanism for sharing information about the income of participants in Quebec’s employment and training measures and services.

Joint committee

28. (1) Canada and Quebec agree to establish a joint Canada-Quebec committee called the Labour Market Committee. The Committee will facilitate for strategic discussions related to the labour market, this Agreement and the Labour Market Development Agreement.

(2) The Labour Market Committee will be co-chaired by designated representative of the Parties and shall meet at least twice a year, on or around February 15 and on or around October 1, or at a time agreed to by the co-chairs. The co-chairs may invite, by mutual agreement, representatives of other agencies, departments or portfolios to participate in the Committee’s meetings, as appropriate.

(3) The Assistant Deputy Minister of Service Canada for the Quebec Region will be represented on the Labour Market Committee.

(4) Decisions of the Committee shall be made by consensus on matters under its authority.

(5) The role of the Labour Market Committee includes, but is not limited to, the following:

  1. sharing the most up-to-date information available identified:
    1. in section 24 of this Agreement
    2. in section 25 of this Agreement
  2. sharing information on regional or local labour market challenges and priorities, and an overview of consultations with various relevant stakeholders, as described in the Quebec process outlined under the accountability framework of this Agreement
  3. exchanging information on best practices and hold strategic discussions related to this Agreement and the Labour Market Development Agreement
  4. discussing regional issues, avoid duplication of federal programs and Quebec employment and training programs, and finding ways to better coordinate the delivery of some of these programs, particularly for youth, persons with disabilities and Indigenous peoples
  5. discussing the evolution of Annex 1 regarding the structured information and performance indicators and, taking into account the sustainability of this Agreement, making common recommendations on indicators that should be added, removed or modified
  6. sharing information on innovative labour market policies and programs, as well as general labour market developments and bilateral issues that may not be covered by this Agreement and the Labour Market Development Agreement

Public information

29. (1) Canada and Quebec agree to participate in a joint announcement as soon as the Agreement is signed. The parties will mutually agree on the message and public statements in this regard.

(2) Canada and Quebec agree on the importance of informing the public of their respective roles and responsibilities, including Canada’s financial contribution and Quebec’s responsibility for employment and training measures and services.

(3) In this context, Quebec agrees to publicly report on Canada’s financial contribution to the measures and services funded under the Agreement.

(4) The communication products covered, for both parties, include:

  1. material for beneficiairies, including pamphlets and brochures and their web versions
  2. information for the general public and, in particular, to beneficiaries in the offices where the programs, measures and services funded in part under the Agreement are delivered
  3. reports from the departments or agencies of the two governments concerned by this Agreement

(5) The Parties agree to inform each other of opportunities for joint announcements related to investments under this Agreement.

(6) The Parties agree to inform each other of their public information initiatives regarding this Agreement and to do so sufficiently in advance to allow the other Party to provide its response.

Effective date and period of the agreement

30. The Agreement will come into force when signed by the parties, and it will remain in force until terminated in accordance with section 32.

Dispute resolution

31. (1) Canada and Quebec agree to cooperate and avoid disputes through government-to-government information exchange, advance notice, early consultation, and discussion, clarification and resolution of disputes as soon as they arise.

(2) At any time, if Canada or Quebec considers that the other party has not complied with any of its obligations or commitments under this Agreement or is not complying with any of the terms of this Agreement, then Canada or Quebec, as the case may be, shall notify the other party of the non-compliance in writing. Following receipt of such notice, Canada and Quebec will endeavour to resolve the dispute on a bilateral basis through their designated representatives.

(3) In the event that the designated representatives are unable to resolve the dispute referred to in subsection 2, it shall be referred to the Deputy Minister of Employment and Social Development and the Deputy Minister of the Ministère du Travail, de l’Emploi et de la Solidarité sociale. If the latter are unable to resolve the dispute, then it will be the responsibility of the Minister of Labour styled as the Minister of Employment, Workforce Development and Labour, and the Ministre du Travail, de l’Emploi et de la Solidarité sociale to resolve the dispute.

Termination

32. Canada or Quebec may terminate this Agreement at any time by giving the other party at least 2 Fiscal Years’ prior written notice of its intention.

33. Notwithstanding the termination of this Agreement, Quebec’s obligations under sections 19 and 20 and those relating to the annual report and financial audit in sections 25 and 26 of this Agreement shall remain in effect after the termination, unless they are satisfied or cease to have effect by their nature.

34. Upon termination of this Agreement under section 32, Canada shall have no obligation to make any further payments to Quebec in respect of its Eligible Costs incurred after the date of termination.

Equality of treatment

35. (1) During the period of this Agreement, if another province or territory negotiates a Workforce Development Agreement with Canada, or an amendment to such an Agreement, and if, any provision of this Agreement or the amended Agreement is more favourable to that province or territory than what was negotiated with Quebec, Canada agrees to amend this Agreement to provide similar treatment to Quebec, if requested by Quebec. This amendment will be retroactive to the date on which the Workforce Development Agreement or the amendment to such an agreement with the other province or territory, comes into force.

(2) Canada will make publicly available up-to-date Workforce Development Agreements entered into with all provinces and territories, including any amendments to these Agreements, by posting them on a Government of Canada website.

Amendments

36. This Agreement and its Annex may be amended at any time by mutual consent of the parties. To be valid, any amendment must be in writing and signed on behalf of Canada by the Minister of Labour styled as the Minister of Employment, Workforce Development and Labour, and on behalf of Quebec, by the Ministre du Travail, de l’Emploi et de la Solidarité sociale and by the Minister responsible for responsable des Relations canadiennes et de la Francophonie canadienne.

Transitional arrangements

37. This Agreement replaces the Canada-Quebec Canada Job Fund Agreement as of the effective date. The Canada-Quebec Canada Job Fund Agreement will be revoked on that date.

Annual Planning

38. In the event that annual planning information under the Canada-Quebec Canada Job Fund Agreement has not been provided for the 2019 et 2020 Fiscal Year prior to the effective date of this Agreement, Canada will withhold a portion of the contribution payable to Quebec for the Fiscal Year covered by this Agreement until such time as this information is provided.

Funding

39. In the event that the effective date of this Agreement is later than the dates on which a payment is payable to Quebec under the Canada-Quebec Canada Job Fund Agreement, the amount of Canada’s annual contribution under section 11 of this Agreement for the 2019 to 2020 Fiscal Year shall be reduced by any amount already paid to Quebec under the Canada-Quebec Canada Job Fund Agreement in respect of that Fiscal Year.

Financial Reporting

40. Quebec shall provide an annual financial report for the 2018 to 2019 Fiscal Year in accordance with the requirements set out in the Canada-Quebec Canada Job Fund Agreement.

41. Canada will make payment of the second installment of its annual contribution under this Agreement for the 2019 to 2020 Fiscal Year when Quebec will have provided a copy of its financial statements for the 2018 to 2019 Fiscal Year with respect to the Canada-Quebec Canada Job Fund Agreement.

42. For the 2019 to 2020 Fiscal Year, if Quebec has received funds from Canada under the Canada-Quebec Canada Job Fund Agreement, Quebec will provide Canada with financial statements that include these funds in accordance with the terms of that agreement.

Annual Reports

43. Quebec shall provide its annual report for the 2018 to 2019 Fiscal Year in accordance with the requirements set out under the Canada-Quebec Canada Job Fund Agreement.

Repayment of Overpayments

44. In the event that payments made to Quebec under the Canada-Quebec Canada Job Fund Agreement exceed the amount to which Quebec is entitled under this agreement, the amount of the excess is a debt due to Canada and shall be repaid promptly to Canada upon receipt of the notice of repayment within the time specified in the notice.

General

45. This Agreement, including its Annex, comprise entered into by the Parties with respect to the subject matter hereof.

46. This Agreement shall be interpreted in accordance with the laws in effect in Quebec.

Annex 1

Structured information

The document containing structured information will contain, when publicly available, the following information:

  1. the total number of active participants in a given financial year, broken down according to the following criteria:
    1. gender (male, female, other (if applicable)
      1. Age
      2. Indigenous peoples
      3. Persons with disabilities
    2. age
    3. maximum diploma obtained (high school diploma, college studies, university certificate, university degree, no diploma)
    4. single-parent families
      1. Gender
    5. people with disabilities
      1. Age
      2. Indigenous peoples
      3. Education level
      4. Employment status at registration, if applicable
    6. indigenous peoples
      1. Age
      2. Education level
      3. Single-parent families
      4. Employment status at registration, if applicable
    7. born outside Canada
      1. arrived in Canada less than 5 years ago
      2. arrived in Canada 5 or more years ago
    8. employment status at registration, if applicable
    9. administrative regions
  2. description of measures and services
  3. total number of active participants in a given financial year, by type of intervention, broken down according to the criteria defined in section 1 of Annex 1
  4. number of employers by measure and service:
    • training measures, business component
    • employment consultation
    • individual measures taking place in the company (wage subsidy, work integration contract, adapted company subsidy program)
  5. number of employers by:
    1. type of business (for-profit, non-profit, public, other)
    2. company size by number of employees (small, medium, large)
    3. company sector by NAICS code (2 digits)
  6. a description of the under-represented groups targeted by public employment service interventions during the year
  7. if applicable, number and description of research and innovation projects in progress during the year
  8. if applicable, number of individuals who have improved their level of literacy or other essential skills as a result of participating in an intervention focused on literacy, essential skills, language training or basic training for adults, broken down according to the criteria defined in section 1 of Annex 1
  9. where applicable, the number of individuals who, at the end of an intervention, are not employed, but who have made progress toward labour market participation, broken down according to the criteria defined in section 1 of Annex 1
  10. number of certificates or other professional recognitions obtained following an intervention, broken down by intervention
  11. number of participants who returned to school following an intervention, broken down by intervention, according to sample size. (multi-year measure obtained via survey)
  12. number of people employed 12 weeks after participating in a public employment service intervention, broken down by intervention (multi-year measure obtained via survey)
  13. change in participants’ earnings based on a methodology arranged with the ESDC

Canada and Quebec also agree to exchange public information at either party’s request.

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