Canada-British Columbia Agreement 2004 - Annex F: Provision of Information on Immigrant Landings

Annex F:
Provision of Information on Immigrant Landings

Preamble

WHEREAS the information provided to British Columbia may constitute personal information within the meaning of the Privacy Act, R.S.C. 1985, c. P-21 (hereinafter referred to as the Privacy Act).

WHEREAS the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165 applies to the collection, use and disclosure of personal information, as defined in that Act.

WHEREAS Citizenship and Immigration Canada is a federal institution subject to the Privacy Act, R.S.C. 1985, c. P-21.

WHEREAS under Section 8(1) of the Privacy Act, personal information under the control of an institution shall not be disclosed by the institution without the consent of the individual except in accordance with Section 8 of the Act.

WHEREAS under Section 8(2) (f) of the Privacy Act, disclosure of personal information under the control of a federal institution is authorized in cases where such disclosure is pursuant to an agreement or arrangement between Canada or an institution thereof and the government of a province or any institution thereof for the purpose of administering or enforcing any law or carrying out a lawful investigation.

WHEREAS under Section 8(2) (j) of the Privacy Act, disclosure of personal information under the control of a federal institution is authorized in cases where such disclosure is to any person or body for research or statistical purposes if the head of the government institution:

1. is satisfied that the purpose for which the information is disclosed cannot reasonably be accomplished unless the information is provided in a form that would identify the individual to whom it relates, and
2. obtains from the person or body a written undertaking that no subsequent disclosure of the information will be made in a form that could reasonably be expected to identify the individual to whom it relates.

1.0 Purpose

1.1 The purpose of this Annex is to establish:

1. the terms and conditions under which Canada will provide information from its client data base to British Columbia; and
2. the mechanisms for effecting the transfer of information between the Parties.

2.0 Definitions

2.1 In this Annex, the term “information” shall be interpreted as including “personal information” as defined within the Privacy Act.

2.2 “Third parties” means any person, corporation, organization or entity other than and except for the following:

1. the Government of British Columbia, and all of its departments, divisions, crown corporations, agencies, boards and commissions and all boards, commissions, associations or other bodies, whether incorporated or unincorporated, all or a majority of the members or directors of which are appointed by the Government of British Columbia or are public officers or servants of the Government of British Columbia; and
2. service providers, researchers, students and academics who are under contract or other arrangement or agreement with British Columbia to provide agreed-upon services.

3.0 Information to be Provided

3.1 Canada will provide British Columbia with a standardized statistical package consisting of micro-records, made anonymous, containing selected fields related to immigrant landings for all of Canada, as described in Appendix 1.

3.2 The source of information will be the Landed Immigrant Data System (LIDS) or the Field Operations Support System (FOSS).

3.3 The information provided under section 3.1 will be in electronic format on a CD-ROM or other means. The accompanying documentation will be available in both electronic and print (where feasible) form. Canada will provide British Columbia with no less than thirty (30) days prior written notice in the event of any change in the above referenced format of micro data.

3.4 The information will be provided on quarterly basis. It will be delivered no more than one month after the specified quarter has ended.

1. Canada will notify British Columbia in writing, immediately in the event of any significant change in the information provided to British Columbia quarterly and will provide updated micro data with the significant change within 30 days, subject to operational constraints, after Canada learns of, identifies or determines a significant change has occurred.

3.5 Each information release will include information from 1980 up to the most recent quarter.

3.6 Canada will provide British Columbia with special statistical tabulations not covered under section 3.1. These special statistical tabulations will be provided on request or on a regular basis, as mutually agreed upon by the parties.

3.7 Information available under section 3.6 will be provided in electronic format only. The format may be subject to change by Canada in consultation with British Columbia.

4.0 Authorized Uses

4.1 The information available under this Annex may only be used for research purposes and/or to support policy and program development. The information shall not be used for compliance purposes.

5.0 Focal Points

5.1 The Director, Electronic Information Management, Information Management and Technologies Branch, Citizenship and Immigration Canada, will be the National Focal Point responsible for providing information under this Annex.

5.2 The Director, Immigration Policy and Intergovernmental Relations Branch, Ministry of Community, Aboriginal and Women’s Services, or alternative designated authority, will be the Provincial Focal Point responsible for: coordinating provincial requests for information; receiving and storing information; and distributing information to other provincial ministries.

5.3 Should an official of a provincial Ministry request that the National Focal Point provide information available to the Provincial Focal Point under this Annex, the National Focal Point will:

1. notify the appropriate Provincial Focal Point of requests for information which originate with any provincial employee or agent on a monthly basis, including the title of the requestor, and the subject and date of the request;
2. impose cost recovery charges on the requesting Ministry, if filling the request.

5.4 The Director, Programs and Planning BC/Yukon Region, CIC, will be the Regional Focal Point responsible for responding to third party requests, as per section 7.6.

5.5 Changes in the designated national and provincial focal points will be communicated immediately to the other Party.

6.0 Handling of Information

6.1 The personal information supplied by Canada will be transmitted, maintained, destroyed or disposed of in accordance with:

1. the Government of Canada Privacy Act and supporting guidelines on Privacy and Data Protection and the Government of Canada Security Policy and supporting operating directives and guidelines covering the administrative, technical and physical safeguarding of any personal information; or
2. the Freedom of Information and Protection of Privacy Act of the Province of British Columbia and related directives and guidelines governing the administrative, technical and physical safeguarding of the personal information;

whichever will apply.

6.2 British Columbia will send a letter to Canada acknowledging that the disposal of the personal information has been effected in accordance with the Document Disposal Act of the Province of British Columbia.

6.3 British Columbia agrees that it is responsible for the actions of its own employees, agents or contractors with respect to the collection, disclosure, use, retention and disposal of personal information in its custody or under its control.

7.0 Secondary Distribution

7.1 Canada reserves the right to restrict or prohibit secondary distribution of specified categories of information beyond the Provincial Focal Point. These categories will be designated by Canada prior to transmission to the Provincial Focal Point. British Columbia will consult Canada in any case where it is uncertain whether or not the information in question falls within the scope of this provision.

7.2 In distributing information available under this Annex, British Columbia will ensure that the individual to whom it relates cannot be identified.

7.3 British Columbia will inform Canada of its intention to publicly release statistical reports on a regular basis. Canada retains the right to prohibit such release. Once the contents of such a report have been agreed upon by the Parties, there will be no further requirement for British Columbia to notify Canada of future releases, unless the contents of the report change.

7.4 British Columbia will not release micro records under this Agreement to third parties in any form, including listing on the Internet.

7.5 When information supplied could lead to the identification of an individual, British Columbia will require that non-disclosure and confidentiality agreements be signed between British Columbia and not for profit organizations/corporations in receipt of public funding, researchers, students or academics, when British Columbia wishes to provide information to these individuals or agencies.

7.6 British Columbia will refer third party requests for information available under this Annex to the CIC Regional focal point.

7.7 The secondary distribution of information as outlined in sections 7.1 to 7.6 of this Annex shall be governed by:

1. the Government of Canada Privacy Act and supporting guidelines on Privacy and Data Protection and the Government of Canada Security Policy and supporting operating directives and guidelines covering the administrative, technical and physical safeguarding of the specified categories of information; or
2. the Freedom of Information and Protection Act of the Province of British Columbia and related directives and guidelines governing the administrative, technical and physical safeguarding of these specified categories of information;

whichever will apply.

8.0 Cost Recovery

8.1 Subject to section 5.3, information provided to British Columbia under section 3.1 will be free of charge.

8.2 Information provided to British Columbia under section 3.6 and section 5.3 will be subject to normal cost recovery charges.

8.3 Cost recovery charges are not fixed with respect to this Annex and may change from time to time.

8.4 Invoices will be addressed to the provincial Ministry requesting information available under this Annex, as per 3.6 or 5.3.

9.0 General Implementation

9.1 This Annex will take effect on the date the last party signs the Agreement.

9.2 Subject to sections 9.3 and 9.4, the duration of this Annex is indefinite.

9.3 Amendments to this Annex in whole or in part may be made by written agreement of both parties. The Amendment must be signed by both parties and will form part of this Annex, becoming effective on the date the last party signs.

9.4 Either party may terminate this Annex at any time by providing at least thirty (30) days notice in writing to the other party.

9.5 Notwithstanding the termination of the General Provisions of the Agreement, the duration of this Annex and any amendments to it will continue and be governed by sections 9.2, 9.3 and 9.4 of Annex F, and section 11.7 of the Agreement.

9.6 In the event British Columbia breaches any of the terms and conditions of this Annex, Canada will give British Columbia written notice describing the breach. British Columbia will have ten (10) business days to remedy the breach.

9.7 If notified of a breach under section 9.6, British Columbia will advise Canada in writing of the steps British Columbia has taken to remedy the state of breach within ten (10) business days of being notified of the breach pursuant to section 9.6.

9.8 Canada will advise British Columbia in writing whether or not the steps taken under section 9.7 are acceptable to Canada. If not acceptable, Canada will set such further time to remedy the stated breach as it deems appropriate (not less than five (5) working days) or may terminate this Annex immediately.

9.9 Should no written response be provided by British Columbia pursuant to section 9.7, Canada reserves the right to terminate the Annex immediately giving British Columbia written notice of this decision.

9.10 In the event of termination, British Columbia agrees that:

1. British Columbia is not absolved of its previous responsibilities related to secondary distribution of the information in its possession; and
2. British Columbia will undertake to return the information in its possession to Canada within five (5) business days.

9.11 In the event that either party wishes to terminate this Annex both parties will take reasonable steps to reduce the costs attributable to the termination.

9.12 The parties undertake to give one another notice of any change in policy, regulations or legislation relating to their respective programs that is likely to affect this Annex.

9.13 Any such notice to be delivered under this Annex should be sent to the party concerned as follows:

Address for notice to Canada:

Deputy Minister
Citizenship and Immigration Canada
365 Laurier Avenue West
Ottawa, Ontario K1A 1L1

Address for notice to British Columbia:

Deputy Minister
Ministry of Community, Aboriginal and Women’s Services
6^th Floor - 800 Johnson Street
P.O. Box 9490 Stn. Prov. Govt.
Victoria, B.C. V8W 9N7

9.14 In the event of any dispute or disagreement, other than one arising out of the application of section 9.6 under this Annex, the National Focal Point and the Provincial Focal Point will undertake verbal or written dialogue to attempt to resolve the dispute or disagreement.

9.15 In the event the National Focal Point and the Provincial Focal Point are unable to resolve any dispute or disagreement within ten (10) working days, the matter will be referred to the Program Management Committee.

Appendix 1 Information items available under this Annex

* All fields are in “character” field type

** As per Facts and Figures publication

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