ARCHIVED – Canada–British Columbia Immigration Agreement 2010
1.1 The Canada-British Columbia Immigration Agreement (hereinafter referred to as the "Agreement") is BETWEEN Her Majesty The Queen in right of Canada, as represented by the Minister of Citizenship and Immigration (hereinafter referred to as “Canada”) and Her Majesty The Queen in right of the Province of British Columbia, as represented by the Minister of Advanced Education and Labour Market Development (hereinafter referred to as “British Columbia”):
1.2 WHEREAS section 95 of the Constitution Act, 1867 recognizes the concurrent powers of legislation of the federal and provincial governments in immigration matters.
1.3 AND WHEREAS the Parliament of Canada has enacted the Immigration and Refugee Protection Act, S.C., c. 27, (hereinafter referred to as the “IRPA”).
1.4 AND WHEREAS the Parliament of Canada has enacted the Citizenship Act, R.S. 1985, c. 29.
1.5 WHEREAS, subsection 8 (1) of the IRPA allows the Minister with the approval of the Governor in Council, to enter into an agreement with the government of any province for the purposes of this Act and subsection 5(1) of the Department of Citizenship and Immigration Act (DCIA) authorizes the Minister of Citizenship and Immigration, with the approval of the Governor-in-Council, to enter into agreements with provinces for the purpose of facilitating the formulation, coordination and implementation - including the collection, use and disclosure of information - of policies and program for which the Minister is responsible.
1.6 AND WHEREAS section 5, sub-paragraph(a) (i) of the Ministry of International Business and Immigration Act, R.S.B.C. 1996, c. 304 authorizes a Minister, with the approval of the Lieutenant Governor in Council, to enter into an Agreement with the Government of Canada relating to immigration matters.
1.7 AND WHEREAS British Columbia recognizes the objectives of the IRPA to, among other things:
- support the development of a strong and prosperous Canadian economy in which the benefits of immigration are shared across all regions of Canada;
- promote the successful integration of permanent residents into Canada, while recognizing that integration involves mutual obligations for new Immigrants and Canadian society;
- enrich and strengthen the cultural and social fabric of Canadian society, while respecting the federal, bilingual and multicultural character of Canada; and
- support and assist the development of Minority Official Languages Communities in Canada.
1.8 WHEREAS Canada recognizes the goals of British Columbia to foster the integration and full participation of residents in the society of British Columbia, as reflected in the Multiculturalism Act, R.S.B.C. 1996, c. 321.
1.9 AND WHEREAS Canada and British Columbia are committed to an efficient and effective immigration system recognizing that:
- an integrated approach within Canada and abroad will best serve Canada’s and British Columbia’s interests related to immigration; and
- British Columbia has particular needs and circumstances and that these can be accommodated insofar as they are not incompatible with national immigration policy and legislation.
1.10 AND WHEREAS Canada and British Columbia share a mutual interest in:
- maximizing the contribution of immigration to the achievement of the social, demographic and economic goals of both Canada and British Columbia;
- minimizing costs, increasing program effectiveness and reducing unnecessary overlap and duplication; and
- ensuring British Columbians are aware of the benefits of immigration.
1.11 1.12 AND WHEREAS Canada and British Columbia wish to maintain an Agreement with regard to co-operation on immigration matters to enable British Columbia to maximize economic and social benefits of immigration to British Columbian society.
AND WHEREAS Canada and British Columbia share a mutual interest in enhancing social and economic ties with the Asia-Pacific region through promoting British Columbia as Canada’s Pacific Gateway.
Therefore Canada and British Columbia agree to the following:
2.1 Definitions from the IRPA and the IRPR
For the purposes of this Agreement and its Annexes:
- words used in this Agreement and its Annexes which are defined in the IRPA or in the Immigration and Refugee Protection Regulations (hereinafter referred to as the "IRPR"), have the same meaning as in the IRPA or the IRPR;
- a reference to the IRPA or the IRPR is a reference to the Act or those Regulations, as amended from time to time; and
- where a definition given in this Agreement and its Annexes is inconsistent with a definition given in the IRPA or the IRPR, the definition in the IRPA or the IRPR will prevail.
2.2 Definitions in this Agreement.
For the purposes of this Agreement and its Annexes:
- “French Speaking Immigrant” means an Immigrant whose mother tongue is French, or whose first official language in Canada is French if their mother tongue is a language other than French or English.
- “Immigrant” means a permanent resident, including Convention refugees abroad and humanitarian-protected persons abroad resettled to Canada, and protected persons in Canada.
- “Local Government” means the council of a municipality or the board of a regional district;
- “Specified Humanitarian Groups Resettled from Abroad” means Refugees selected by Canada abroad and identified as persons requiring government assistance, groups who are admitted to Canada through blended initiatives such as the Joint Assistance Program, or other initiatives where Canada and private sector or non-governmental sponsoring groups share in the provision of income support and immediate essential services;
- "Temporary Resident," means a temporary foreign worker, an international student, or a visitor;
- “Minority Official Languages Communities” means French speaking communities in British Columbia;
- "Refugee" means a protected person under the IRPA;
- “Resettlement Services” means services to support the immediate and essential needs of Specified Humanitarian Groups Resettled from Abroad;
- “Party” means Canada or British Columbia and “Parties” means Canada and British Columbia;
- “Provincial Nominee” means a person who is a member of the Provincial Nominee class;
- “Provincial Nominee Program” means a provincial nomination agreement entered into pursuant to subsection 8 (1) of the IRPA; and
- “Refugee Claimant” means a person who has made a claim for refugee protection under subsection 99(3) of the IRPA.
3.0 Purpose and Objectives
3.1.1 The purpose of this Agreement is to further strengthen the long-term partnership between Canada and British Columbia with respect to immigration. It defines the respective roles and responsibilities of Canada and British Columbia relating to Immigrants, Temporary Residents and sponsors under the IRPA.
3.2.1 The objectives of this Agreement are, while respecting the jurisdiction of each Party, to:
- support the successful settlement and integration of Immigrants and Refugees to British Columbia through programs supported by appropriate, transparent, fair, equitable and ongoing federal funding;
- support Canada’s humanitarian objectives through collaboration on issues impacting Specified Humanitarian Groups Resettled from Abroad in British Columbia.
- provide British Columbia with a mechanism to influence permanent and temporary immigration and related planning, policies and programs to support its particular social, demographic, economic development and labour market priorities, including skills shortages;
- cooperate in the development and implementation of policies, programs and mechanisms to influence the level and composition of Immigrants to Canada and British Columbia;
- foster cooperation in the planning and coordination of promotion and recruitment activities abroad, including those targeting French Speaking Immigrants;
- cooperate to facilitate the entry of Temporary Residents and Immigrants to British Columbia through the appropriate programs;
- enhance collaboration to address barriers to qualifications recognition and integration of Immigrants into the labour market to ensure they have the opportunity to fully utilize their skills in the Canadian labour market as quickly as possible;
- foster the development of welcoming and inclusive communities;
- foster cooperation between the Parties to work with Local Governments on immigration-related issues;
- foster effective cooperation to support and assist the development of Minority Official Language Communities;
- foster cooperation in information sharing, research and evaluation, and in ensuring the integrity of the Parties’ programs;
- ensure collaboration between the Parties on sponsorship, and preventing and addressing sponsorship default;
- foster cooperation on joint policy and program areas related to immigration health; and
- ensure the Parties work effectively to respond to unforeseen, temporary or permanent migratory movements as may be required.
3.3.1 Along with the General Provisions, the following Annexes form part of this Agreement:
Annex A – Responsibilities for Federally Funded Settlement and Integration Services;
Annex B – Provincial Nominees;
Annex C – International Students;
Annex D - Sponsorship;
Annex E – Immigration Health; and
Annex F – Temporary Foreign Workers.
3.3.2 Canada and British Columbia agree to negotiate in good faith and in a timely fashion, additional Annexes to this Agreement or updates to existing Annexes, or additional memoranda of understanding that reflect the broad objectives of this Agreement, including for the implementation of information sharing commitments.
4.0 Immigration Planning and Programs
4.1 Canada will establish national immigration policies and develop an annual immigration plan in consultation with British Columbia and other provinces and territories, taking into consideration British Columbia’s immigration planning, including its demographic, social and economic objectives.
4.2 British Columbia will:
- provide comments on Canada’s immigration plan with respect to immigration to British Columbia; and
- provide Canada with an annual Provincial Nominee Program levels plan, to be considered in Canada’s immigration projections.
4.3 In developing its annual delivery plan for national immigration targets, Canada will:
- consult with British Columbia on British Columbia’s targets for all other classes of Immigrants and Temporary Residents; and
- include British Columbia’s specific targets for Provincial Nominees and Canada’s annual targets for government assisted refugees as they relate to British Columbia.
4.4 Canada and British Columbia will take into account the settlement and integration needs of French Speaking Immigrants in establishing priorities and developing services relevant to this Agreement and all its Annexes. More specifically, Canada and British Columbia will collaborate to enhance the vitality of Minority Official Language Communities through:
- Promotion and recruitment strategies that are intended to increase the number of French Speaking Immigrants; and
- Strengthening settlement and integration supports for French Speaking Immigrants, thereby improving the capacity of Minority Official Language Communities to receive French Speaking Immigrants and facilitating the economic, social and cultural integration of French Speaking Immigrants into Canadian society.
4.5 Canada will make all reasonable efforts to proactively manage the delivery of the immigration program to achieve the targets of British Columbia’s Provincial Nominee Program levels plan bearing in mind federal priorities.
4.6 Canada will cooperate with British Columbia to provide opportunities to provincial staff for training, taking into account cost and resource constraints by either Party and, if required, negotiating cost sharing approaches. It is recognized that employees of British Columbia will be subject to security clearances required to access federal information.
4.7 British Columbia will plan to receive a share of Refugees to be resettled in the province. While this number is not expected to exceed British Columbia’s percentage share of total immigration, the need for flexibility in responding to emerging humanitarian needs will be recognized. British Columbia will receive a proportion of Refugees who:
- are Special Needs Persons which means persons who have a greater need for settlement and integration services than other Refugees owing to personal circumstances, including: family size and composition; trauma resulting from violence or torture; medical disabilities; and/or the effects of systemic discrimination;
- are Vulnerable Persons which means persons in greater need of protection than other Refugees due to heightened risk to their physical safety; or
- are Persons in Urgent Need of Protection persons facing an immediate threat to their life, liberty or physical safety and, if not protected are likely to be killed, subjected to violence, torture, sexual assault or arbitrary imprisonment, or returned to their country of nationality or their former habitual residence.
4.8 In assigning a share of Refugees to the province, Canada will, to the extent possible,
- take into account, the potential financial and program impact on British Columbia resulting from the variations in the number of Persons in Urgent Need of Protection, and Vulnerable and Special Needs Persons to be settled in British Columbia; and
- provide notice of arrival as early as possible and work with British Columbia to coordinate communications with the community and stakeholders.
4.9 Policy and Programming Initiatives for Resettled Refugees from Abroad
The Parties jointly commit, as a mutual priority, to ensure that settlement and integration services and delivery mechanisms for Convention refugees and humanitarian-protected persons abroad resettled to British Columbia are:
- evidence-based and client-centered, with effective and efficient linkages between federally and provincially administered programs, services and policies; and
- designed to improve their initial and long term settlement outcomes and ensure that their unique or urgent settlement needs are met, including a seamless and coherent transition between programs.
Canada and British Columbia agree to work cooperatively to analyze, understand and address settlement services and delivery mechanisms through initiatives that will include, but will not be limited to, research and evaluation projects, information sharing and possible changes to existing service delivery mechanisms and coordination to ensure a seamless approach.
5.0 Consultations & Local Government
5.1.1 Canada and British Columbia agree that meaningful consultation is necessary to help both Parties address their needs and objectives related to immigration.
5.1.2 Canada and British Columbia agree to consult each other in a timely manner on policies, legislation, programs or initiatives which could have a significant impact, fiscal or otherwise, on the operation of this Agreement, on British Columbia’s immigration related plans and priorities, or on Canada’s immigration system. This includes, but is not limited to: Canada’s immigration policy and immigration projections; identified issues in shared immigration planning, information sharing and bilateral international arrangements.
5.1.3 British Columbia agrees to consult with Minority Official Languages Communities with respect to immigration matters in areas which include, but are not limited to, recruitment activities and the planning and delivery of settlement and integration services.
5.1.4 Canada and British Columbia will work jointly through the Joint Federal / Provincial Immigration Advisory Council to ensure stakeholder input in discussions of immigration matters.
5.1.5 British Columbia will participate in multilateral consultation processes associated with developing or promoting national immigration initiatives or resolving conflict.
5.1.6 Canada and British Columbia will consult on the development and implementation of national measures to recognize immigration representatives and / or consultants. Canada recognizes British Columbia’s right to develop and implement its own measures consistent with provincial jurisdiction and federal legislation.
5.2 Local Government
5.2.1 Canada and British Columbia agree that Local Governments play an important role in attracting and retaining newcomers, in supporting the successful settlement and integration of Immigrants in British Columbia and in ensuring that communities are welcoming and inclusive.
5.2.2 Canada and British Columbia agree to cooperate to work with Local Governments in British Columbia to explore issues related to their respective interests in immigration and pursue opportunities related to communities’ interests in immigration.
6.0 Promotion and Recruitment
6.1 Canada and British Columbia will share roles and responsibilities in the planning and implementation of immigration promotion and Immigrant recruitment activities abroad, recognizing Canada’s responsibility for coordinating such activities on a national level and British Columbia’s intent to pursue an immigration recruitment policy to meet its demographic, social and economic objectives.
6.1.1 The Parties will work together in the following areas, as appropriate:
- British Columbia will endeavour to provide Canada with information regarding the province’s demographic, educational, labour market and other needs as permitted under its privacy laws and Canada will ensure that this information is made available to qualified prospective Immigrants and Temporary Residents; and
- Canada will endeavour, subject to resource availability, to provide information to British Columbia about optimum recruitment opportunities through Canadian missions abroad and to work with British Columbia’s overseas representatives in order to meet British Columbia’s Immigrant and Temporary Resident needs.
6.1.2 Canada and British Columbia agree to co-operate in the targeted promotion and recruitment of Immigrants and Temporary Residents, including Provincial Nominees and temporary foreign workers.
6.1.3 In furtherance of the objectives of the Agreement and its Annexes, British Columbia will undertake targeted active recruitment initiatives which,
- may include:
- participation at trade fairs and other targeted missions, including those which target French Speaking Immigrants;
- development of promotional materials describing the nature and quality of life in British Columbia;
- provision of information on a British Columbia-maintained website;
- preparation of information for staff working in Canadian missions abroad; and
- targeted promotion to Temporary Residents present in British Columbia; and
- shall include:
- consultation with representatives of Minority Official Languages Communities related to promotion and recruitment activities; and
- consultation with regional and community representatives.
6.1.4 Canada agrees to make all practical efforts to assist British Columbia to identify prospective Immigrants and Temporary Residents to fulfill British Columbia’s targets in its labour market strategy Provincial Nominee levels plan as agreed upon by both Parties, subject to operational and resource constraints. This includes:
- directing potential applicants through Citizenship and Immigration Canada’s website, to visit the website designated by British Columbia;
- displaying promotional materials provided by British Columbia at selected Canadian missions abroad;
- participating in provincially initiated missions to attract permanent residents and temporary foreign workers within the limits of mission resources;
- working with British Columbia’s overseas representatives;
- inviting British Columbia to participate, as appropriate, in training or information sharing exercises with program managers and other visa office staff to communicate British Columbia’s specific needs and opportunities;
- inviting British Columbia to participate in national initiatives that provide opportunities to identify and recruit Immigrants and temporary foreign workers; and
- sharing of labour market and demographic information.
6.1.5 British Columbia may enter into agreements with other parties for the purposes of promotion and recruitment and in so doing will:
- require third parties to respect the terms and conditions of this Agreement and its Annexes; and
- advise Canada of such third party agreements.
6.1.6 Subject to section 6.1.5, this Agreement does not preclude either Party from undertaking promotion and recruitment activities independently.
7.0 Selection and Inadmissibility
7.1 In accordance with the IRPA and the IRPR, Canada will have responsibility for:
- determining federal objectives relating to immigration;
- establishing selection criteria and selecting foreign nationals, taking into account the role of British Columbia in nominating Provincial Nominees;
- determining Refugee status;
- prescribing classes of Immigrants and Temporary Residents; and
- defining and determining which persons are inadmissible to Canada.
7.2 British Columbia’s authority to nominate Provincial Nominees is established under Annex B of this Agreement.
7.3 British Columbia will be consulted and have the opportunity to influence selection and policies, taking into account the specific goals of the province, the need to maintain national standards, and resource constraints of Canada.
7.4 British Columbia will be responsible for the assessment and nomination of Provincial Nominees. Canada will respect the nomination decision of British Columbia insofar as nominations are consistent with the IRPA, the IRPR or any successor legislation and regulations, the terms of this Agreement and its Annexes and the eligibility criteria set out by British Columbia.
7.5 Canada will consult with British Columbia in cases where an application has been made for a visitor visa where the applicant is coming to Canada for the distinct purpose of receiving medical care and where the applicant will be potentially assessed as medically inadmissible to Canada.
7.6 Canada has the sole authority to decide whether persons who are determined to be medically inadmissible should be permitted to come into Canada and may issue a temporary resident permit where an officer determines it justified.
7.7 Canada will consult with British Columbia on medically inadmissible cases destined for British Columbia in instances where Canada is considering issuance of a temporary resident permit. British Columbia will have the authority to make recommendations on whether these cases should be permitted to enter Canada.
7.8 With written notice, British Columbia may waive its right to be consulted for specified groups of medically inadmissible cases.
8.0 Settlement, Integration and Refugee Resettlement
8.1 British Columbia is responsible for the design, administration and delivery of federally funded settlement and integration services in British Columbia as outlined in sections 3.0 and 4.0 of Annex A of this Agreement.
8.2 Canada agrees to provide appropriate, transparent, fair, equitable, and ongoing funding for the purposes of design, administration, delivery, performance measurement and evaluation of settlement and integration services delivered in British Columbia, as outlined in Annex A.
8.3 Canada will be responsible for the design, administration and delivery of Resettlement Services in British Columbia, as outlined in Annex A.
8.4 Canada will be responsible for the design, administration and delivery of federally funded Immigrant settlement and integration services in British Columbia should Annex A be terminated.
8.5 Canada will work in cooperation with British Columbia to secure better recognition of the foreign qualifications of permanent residents and their more rapid integration into the labour market. This does not preclude either Party from taking independent action to address qualifications recognition in British Columbia. However, as this is an area of provincial jurisdiction,
Canada agrees to consult with British Columbia on foreign qualification recognition activities that it engages in.
9.1 Canada and British Columbia will work together to promote full participation of Immigrants in British Columbia communities and Canadian society, respecting Canada’s responsibility for determining statutory requirements related to obtaining Canadian citizenship.
10.1.1 The Agreement Management Committee (AMC) has a general mandate to oversee the implementation of this Agreement, including discussion and exchange of information, dispute resolution, managing collaborative programs, and making decisions or recommendations, as appropriate, on matters pertaining to this Agreement. The AMC is the forum for raising new immigration issues not addressed in this Agreement.
10.1.2 The AMC will be co-chaired by the Assistant Deputy Minister of the Labour Market and Immigration Division, British Columbia Ministry of Advanced Education and Labour Market Development, and the Assistant Deputy Minister, Strategic and Program Policy, Citizenship and Immigration Canada, or their designates where mutually agreed upon. Other members of the AMC shall include Citizenship and Immigration Canada Regional and National Headquarters officials, the British Columbia Labour Market and Immigration Division, Ministry of Advanced Education and Labour Market Development; and, as appropriate, representatives of other federal departments and provincial ministries responsible for programs and services related to immigration.
10.1.3 The AMC will meet face-to-face once annually, alternating between Ottawa and British Columbia. The purpose of these meetings will be to engage in broad discussions relating to the overall management of this Agreement and innovative approaches to addressing immigration matters.
10.1.4 The AMC may establish federal-provincial ad hoc groups or sub-committees, with third party participation if appropriate, for the purpose of implementing this Agreement. These groups and sub-committees:
- may develop and recommend to the AMC additional collaborative activities or initiatives in support of this Agreement; and
- will establish their terms of reference and reporting obligations, subject to approval by the AMC.
10.1.5 At least two additional meetings will be held via teleconference of a core working group of AMC members to address issues arising between annual meetings of AMC and monitor the work of the sub-committees.
10.2 Multilateral Forums
10.2.1 Nothing in this Agreement is intended to preclude the Parties from fully participating in multilateral forums. Decisions made in the multilateral forums will not supersede the terms agreed upon in this Agreement and its Annexes; however, both Parties agree to make best efforts to make them complementary.
10.3 Dispute Resolution Process
10.3.1 In the case of a dispute or disagreement under this Agreement, the respective officials from Canada and British Columbia will attempt to resolve the matter through information sharing and communications.
10.3.2 In the event that respective officials from Canada and British Columbia are unable to resolve the dispute or disagreement expeditiously, it will be referred to the AMC, accompanied by relevant facts and steps taken to reach resolution. Such procedures will provide equal opportunities for representation by each Party, establish clear time limits, and ensure clarity for the implementation of final decisions.
10.3.3 The AMC will develop dispute management and resolution procedures within one (1) year of the coming into force of this Agreement. Such procedures will establish the principles to be followed, the steps to be taken to resolve disputes, including the referral of unresolved disputes or disagreements to more senior levels, provide equal opportunities for representation by each Party, establish clear time limits and ensure clarity of the implementation of final decisions.
10.3.4 If a dispute or disagreement remains unresolved following referral to the AMC, the Assistant Deputy Minister, Strategic and Program Policy, Citizenship and Immigration Canada and the Assistant Deputy Minister of the Labour Market and Immigration Division, British Columbia Ministry of Advanced Education and Labour Market Development, will jointly determine the process toward resolution.
10.4 Information Sharing
10.4.1 Canada and British Columbia share a mutual interest in collaborating to:
- enhance consultation and information sharing in order to meet the needs of Immigrants, including prospective Immigrants and Temporary Residents, and to improve settlement and integration outcomes;
- maintain and develop effective information sharing mechanisms;
- jointly explore mechanisms to provide personal identifiers on all classes of immigrants including Temporary Residents destined to or landed in British Columbia;
- foster cooperation in research and information sharing;
- ensure that policy development is informed by research and analysis of mutual interest; and
- support policies, strategies and program development through information sharing.
10.4.2 To facilitate the implementation of the activities of this Agreement, including all of its Annexes, Canada and British Columbia agree to exchange information as permitted by applicable policies, instructions and agreements governing the protection, exchange and disclosure of information. In the case of Canada, personal information will be collected, used, disclosed, retained and disposed of, in accordance with the Canadian Charter of Rights and Freedoms, the Privacy Act, the Access to Information Act, the IRPA, the IRPR, the Citizenship Act, the Department of Citizenship and Immigration Act, the Library and Archives of Canada Act, and the Government of Canada’s security policy and supporting operating directives and guidelines, covering the administrative, technical and physical safeguarding of personal information. In the case of British Columbia, personal information will be disclosed in accordance with the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165 (FOIPPA). Nothing in this Agreement authorizes the disclosure of personal information. Separate arrangements or agreements will be negotiated between Canada and British Columbia, as and when required, authorizing the exchange of personal information and defining the terms for disclosure.
10.4.3 The mechanisms by which information is to be shared between Canada and British Columbia and the conditions for the use of the information will be agreed to in a separate Memorandum of Understanding.
10.4.4 Annex F (Provision of Information on Immigrant Landings) and Annex G (Canada-British Columbia Memorandum of Understanding on Information-Sharing on Immigration and Social Assistance) to the Agreement for Canada-British Columbia Co-operation on Immigration, dated April 5, 2004, shall continue in force until new Annexes or Memoranda of Understanding that cover the same matters are signed and enter into force, at which time these Annexes will be terminated.
10.4.5 Nothing in this Agreement is intended to restrict the ability of the Parties to enter into other agreements or arrangements related to the sharing of personal information that does not take place pursuant to this Agreement.
10.4.6 Canada and British Columbia agree to inform each other in a timely manner of any immigration-related information sharing and research agreements, formal arrangements or formal negotiations related to information sharing with government departments, municipalities and other parties concerned under British Columbia’s jurisdiction, such as school boards, professional, occupational and similar licensing bodies, quasi-governmental organizations and provincial crown corporations, settlement agencies, and Immigrant serving agencies.
10.4.7 Canada and British Columbia will establish mutually acceptable procedures, subject to section 10.4.2 for Canada to provide statistical reports to British Columbia on:
- individuals destined to British Columbia whose immigration applications are being considered by Canada;
- the issuance of immigrant visas to persons destined to the Province;
- landings of persons destined to British Columbia;
- temporary resident permits, work permits, and study permits issued to applicants destined to the Province;
- additional reports as agreed to by both Parties.
10.4.8 Canada and British Columbia agree to promote immigration research, to consult annually on research priorities and planned research activities, and to co-operate on common research initiatives as appropriate.
10.5 Program Integrity
10.5.1 Canada and British Columbia will cooperate to the extent possible to ensure the integrity of their respective programs, including but not limited to activities such as:
- sharing information and intelligence related to program developments overseas and within Canada, including immigration trends and analysis;
- conducting and disseminating research, and identifying knowledge gaps related to immigration priorities;
- establishing mutual reporting arrangements;
- working collaboratively with other agencies, as required, to address issues relating to inadmissibility, including anti-fraud activities; and
- investigating potential program abuse to ensure ongoing rigour and confidence in the immigration program.
10.5.2 Canada and British Columbia recognize the importance of evaluating the programs, policies and initiatives that are implemented under this Agreement in order to design or improve the design of policies, programs and initiatives, and to assess policy or program relevance and effectiveness, impacts both intended and unintended, and alternative ways of achieving expected results. Both Parties agree that all activities receiving federal funding through this Agreement and its Annexes are to be evaluated on a regular cycle. The evaluations must meet generally accepted methods for evaluation.
10.5.3 Where applicable, Annexes establish the evaluation requirements specific to the program(s) discussed in the Annex and the corresponding accountabilities of Canada and British Columbia.
10.5.4 In addition to the requirements specified in each Annex, Canada and British Columbia agree to:
- exchange evaluation plans that outline the planned evaluations for activities under this Agreement;
- exchange evaluation frameworks / performance measurement strategies for activities under this Agreement;
- exchange the reports of all evaluations that pertain to activities under this Agreement; and
- Participate in national evaluations upon the agreement of both Parties.
10.6.1 The Parties agree that Canadians have a right to transparency and public accountability, which is facilitated through the provision of full information about the benefits of this Agreement.
10.6.2 Canada and British Columbia will provide sufficient advance notice to each other of announcements relating to funding and new initiatives relevant to this Agreement (including those involving third-party projects or organizations) to explore the possibility of joint communications by the Parties.
10.6.3 When Parties have agreed that an announcement will be joint, communications material will reflect the graphic guidelines of both orders of government (including the wordmark for the Government of Canada) and be available in both of Canada’s official languages. Canada will assume responsibility for translation of joint communications products.
10.6.4 All communications materials referring to projects funded under this Agreement will clearly acknowledge the contribution made by Canada through the inclusion of the “Canada” wordmark and/or a tagline that reads “This [project/initiative/etc.] is made possible through funding from the Government of Canada.” If both orders of government contributed then, “This [project/initiative/etc.] is made possible through funding from the Government of Canada and the Province of British Columbia”. If both orders of government contributed funds, then the first mentioned will be the one that contributed more funds.
10.6.5 All agreements between the Government of British Columbia and a third-party organization regarding federal funding for settlement and integration services will contain a clause requiring the recipients to recognize the Government of Canada’s financial contribution in all communications materials through the inclusion of the “Canada” wordmark and/or a tagline that reads, “This [project/initiative/etc.] is made possible through funding from the Government of Canada”.
10.6.6 Communications materials referred to in sections 10.6.4 and 10.6.5 include, without limitation, major public events or announcements, as well as communications products such as speeches, press releases, brochures, fact sheets, websites, advertising, promotional material and signage.
10.7 Further Negotiation
10.7.1 Canada and British Columbia agree to negotiate, in good faith and in a timely fashion:
- to collaborate in the development and implementation of strategies to address barriers to qualification recognition and integration of Immigrants into the labour market;
- approaches to address new immigration priorities or developments;
- to work together to address issues related to Refugees and Refugee Claimants; and
- other immigration-related subjects as mutually agreed upon.
10.8 Term and Amendments
10.8.1 The French and English language versions of this Agreement are equally authoritative.
10.8.2 This Agreement will be valid for five (5) years from the date of its coming into force.
10.8.3 The Parties agree to evaluate the effectiveness of the Agreement no later than twelve (12) months prior to expiry.
10.8.4 Upon mutual consent of both Parties in writing, the terms and conditions of this Agreement and its Annexes can be extended at any time prior to its expiry, subject to any required approval or authorization including the approval of the Governor in Council.
10.8.5 This Agreement may be amended by the mutual written consent of the Parties, subject to any required approval or authorization including the approval of the Governor in Council.
10.8.6 Either Party may terminate this Agreement at any time by providing at least six (6) months notice in writing to the other Party. Upon notice of termination, the AMC will negotiate a transition strategy.
10.8.7 Specific arrangements for the duration, amendments and termination as detailed in any Annexes to this Agreement take precedence over sections 10.8.2, 10.8.4, 10.8.5 and 10.8.6 of the General Provisions. The termination of an Annex to this Agreement does not affect the continuation of the General Provisions. Similarly, the termination of the General Provisions does not affect the continuation of an Annex and all provisions of this Agreement necessary to give full force and effect to the intent of the Annexes will survive termination of the Agreement to the extent necessary.
10.8.8 In keeping with the purpose and objectives of this Agreement, Canada will be open and transparent concerning agreements reached with other provinces and territories respecting immigration and, upon request by British Columbia, Canada will negotiate amendments to this Agreement taking into consideration the different needs and circumstances of British Columbia.
10.8.9 The commitments pursuant to this Agreement will not be interpreted by either Party to impose legal, financial or other obligations beyond whatever specific arrangements and conditions are already in operation or are mutually agreed upon.
10.8.10 Subject to section 10.4.4, upon signature of this Agreement by the last of the Parties to this Agreement, the Agreement for Canada-British Columbia Co-operation on Immigration – 2004 is terminated.
11.1 Any notice to be delivered under this Agreement and all its Annexes should be sent to the Party concerned as follows as well as to additional designated representatives, as and where identified in any of the Annexes to this Agreement:
Address for notice to Canada
Citizenship and Immigration Canada
365 Laurier Avenue West
Ottawa, Ontario K1Z 1L1
Address for notice to British Columbia
Ministry of Advanced Education and Labour Market Development
P.O. Box 9213 Stn. Prov. Govt.
Victoria, British Columbia V8W 9J1
11.2 Any notice, information or document provided for under this Agreement and its Annexes may be delivered or sent by letter, electronic mail or facsimile, postage or other charges prepaid. Any notice that is delivered will be deemed to have been received on delivery; any notice sent by electronic mail or facsimile will be deemed to have been received one working day after having been sent, and any notice mailed will be deemed to have been received eight (8) calendar days after being mailed.
11.3 This Agreement will come into force when signed by the last of the Parties to do so.
IN WITNESS WHEREOF this Agreement has been signed by the Parties on the dates written below.
FOR THE GOVERNMENT OF CANADA
The Honourable Jason Kenney
Minister, Citizenship and Immigration and Multiculturalism
FOR THE GOVERNMENT OF BRITISH COLUMBIA
The Honourable Moira Stilwell
Minister of Advanced Education and Labour Market Development
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