Canada-British Columbia Immigration Agreement 2015 - Annex D
Express Entry Schedule to Annex D: Information Sharing
1.1 This schedule, along with Appendix A to this schedule, forms an integral part of Annex D, pursuant to Section 4.0 of that Annex.
1.2 Together with Annex D, this schedule replaces the Information Sharing Agreement between Canada and British Columbia for the Collection, Use and Disclosure of Personal Information for the Purposes of the “Express Entry” System, which is hereby terminated.
2.0 Purpose of Information Sharing
2.1 The purpose of the collection, use and disclosure by British Columbia, and the disclosure by Canada, of the Express Entry Personal Information under this schedule is for the administration by Citizenship and Immigration Canada (CIC) of its Express Entry System, pursuant to Division 0.1 of the Immigration and Refugee Protection Act (hereinafter referred to as the “IRPA”), and the recruitment by British Columbia of candidates for economic immigration through its Express Entry British Columbia Program.
2.2 The Personal Information shared pursuant to this schedule shall only be used for these purposes by the Permitted Parties.
3.1 For the purposes of this schedule the following definitions apply:
- “Designated User” means an employee of British Columbia designated by British Columbia to access The Portal for the purposes described in this schedule.
- “Express Entry British Columbia Program” means the sub-stream of British Columbia’s Provincial Nominee Program, which allows British Columbia to recruit potential candidates for economic immigration through the Express Entry System.
- “Express Entry Candidate” means a person who has expressed to CIC his or her interest in being invited to make an application for permanent residence under the Express Entry System, including as a Provincial Nominee.
- “Express Entry Personal Information” means the Personal Information about Express Entry Candidates identified in Appendix A to this schedule, which will be collected, used and disclosed to or by the Parties as described in this schedule in relation to the programs referred to in Section 2.0 of this schedule.
- “Express Entry System” means the electronic application processing system, administered by CIC under Division 0.1 of the IRPA.
- “The Portal” means Canada’s secure electronic ‘Express Entry Provincial/ Territorial Portal’, which provides an electronic means through which Designated Users will be able to search and access the Express Entry Personal Information.
4.1 For Canada, the disclosure of the Express Entry Personal Information to British Columbia as described in this schedule is authorized by sections 8(2)(b) and 8(2)(f) of the Privacy Act, section 10.4 of the Economic Action Plan 2013 Act No.2, and subsection 7(2) of the Ministerial Instructions given pursuant to 10.3(1)(g) of the Economic Action Plan 2013 Act No.2.
4.2 For British Columbia:
- The collection of the Express Entry Personal Information from Canada as described in this schedule is authorized by sections 26(c) and (e) and 27(1)(a)(i) of the Freedom of Information and Protection of Privacy Act, (hereinafter referred to as the “FOIPPA”);
- The use of the Express Entry Personal Information as described in this schedule is authorized by section 32(a) of the FOIPPA; and
- The disclosure of the Express Entry Personal Information to Third Parties as described in this schedule is authorized by section 33.2(a) of the FOIPPA.
5.0 Permitted Parties
5.1 The Permitted Parties under this schedule are:
- British Columbia’s Ministry of Jobs, Tourism and Skills Training and Responsible for Labour and/or any successor ministry with responsibility for the activities described in Section 2.0 of this schedule; and
- Citizenship and Immigration Canada, and/or any successor department with responsibility for the activities described in Section 2.0 of this schedule.
6.0 Collection, Use and Disclosure of the Express Entry Personal Information
6.1 The Express Entry Personal Information will be collected, used and disclosed to and by the Permitted Parties as described below.
6.2 Canada will disclose the Express Entry Personal Information to Designated Users using The Portal.
6.3 Designated Users will use The Portal to search the Express Entry System for, and to collect, the Express Entry Personal Information of potential Express Entry Candidates who have indicated an interest in British Columbia as a Province/Territory of interest for admission under the Express Entry British Columbia Program.
6.4 The Express Entry Personal Information collected as described in subsection 6.3 of this schedule will be used by British Columbia to identify those Express Entry Candidates that are of interest to British Columbia in order that CIC may notify such candidates of British Columbia’s interest and invite them to apply to the Express Entry British Columbia Program.
6.5 British Columbia agrees that only Designated Users will have access to The Portal and only as required for the performance of their duties.
7.0 Secondary disclosure
7.1 British Columbia will not disclose the Express Entry Personal Information except as authorized pursuant to subsection 7.2 of this schedule or as otherwise authorized or required by law.
7.2 British Columbia may disclose the Express Entry Personal Information to employers for the limited purpose of establishing valid offers of employment for Express Entry candidates to support nomination to the Express Entry British Columbia Program.
8.0 Schedule Designated Representatives
8.1 The Schedule Designated Representatives are:
Director General, Strategic Policy and Planning,
Citizenship and Immigration Canada
For British Columbia:
Executive Director, Economic Immigration Branch,
Workforce Development Division, Ministry of Jobs, Tourism and Skills Training and Responsible for Labour, Province of British Columbia
8.2 Either Party may from time to time designate a different individual to be that Party’s Schedule Designated Representative, by giving notice to the other Party’s Schedule Designated Representative. Such different individual will, from the date such notice is given, supersede any previously designated Schedule Designated Representative for that Party.
9.1 This schedule comes into force when the Agreement is signed by the last of the Parties to do so and remains in effect for five years, unless terminated as described in Annex D or replaced by another agreement between the Parties.
9.2 In the event of termination of this Agreement, Annex D or this schedule by one of the Parties, each of the Parties acknowledges it is not absolved of its responsibilities in connection with the Express Entry Personal Information.
Appendix A: Express Entry Personal Information provided by Canada to British Columbia
The following Personal Information is to be provided by Canada to British Columbia through The Portal.
Category – Candidate Identifiers
- Express Entry Profile Number
- Candidate surname
- Date of birth
Category – Intention to Reside
- Province/Territory (PT) of interest
- A relative (Canadian citizen or Permanent Resident (PR)) living in Canada.
- A relative (Canadian citizen or PR) living in the PT Portal User’s province/territory.
Category – Work Experience
- Primary occupation
- Years of National Occupational Classification (NOC) 0, A, B work experience
- Years of skilled trades work experience
- Has a Skilled Trades certificate of qualification issued in Canada
- Has a Skilled Trades certificate of qualification issued by user’s province/territory
Category – Education
- Highest level of education
- Study in Canada
Category – Language Proficiency
- Canadian Language Benchmarks (CLB) English Language Score: Speaking
- CLB English Language Score: Listening
- CLB English Language Score: Reading
- CLB English Language Score: Writing
- NCL C French Language Score: Speaking
- NCL C French Language Score: Listening
- NCL C French Language Score: Reading
- NCL C French Language Score: Writing
Category – Funds
- Minimum necessary income
Category – Family members
- Number of family members accompanying the candidate to Canada
Category – Official Language
- First Official Language
Category – Other
- Express Entry Submission Expiry Date
- Comprehensive Ranking System Score
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