Canada-British Columbia Immigration Agreement 2015 - Annex D

Provincial Nominee Schedule to Annex D: Information Sharing

2015


1.0  Preamble

1.1  This schedule, along with its Appendices 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 “Provincial Nominee Program” Personal Information (2014), which is hereby terminated.

2.0  Purpose of Information Sharing

2.1  The Permitted Parties will collect, use and disclose Personal Information as agreed in Annex A to the Agreement, “Provincial Nominees”, for the purposes of planning and developing policy and delivering, monitoring, and evaluating the PNP and its processes including for the purpose of ensuring program integrity, investigating program abuses and the detection and deterrence of fraud and misrepresentation.

2.2  The Permitted Parties shall use the Provincial Nominee Personal Information only for the purposes identified in sub-section 2.1 of this schedule.

3.0  Definition

3.1  For the purposes of this schedule the following definition applies:

  1. “Provincial Nominee Personal Information” means Personal Information about Provincial Nominee Applicants, and spouses of Applicants, identified in the Appendices to this schedule and collected, used and disclosed by or to the Permitted Parties as described in this schedule relating to the purposes referred to in section 2.0 of this schedule.

4.0  Authorities

4.1  For Canada:

  1. the collection of the Provincial Nominee Personal Information from British Columbia as described in this schedule is authorized by sections 4 and 5 of the Privacy Act.
  2. the disclosure of the Provincial Nominee Personal Information to British Columbia as described in this schedule is authorized by sections 8(2)(a) and 8(2)(f) of the Privacy Act.

4.2  For British Columbia:

  1. the collection of the Provincial Nominee Personal Information from Canada as described in this schedule is authorized by sections 26(c) and (e) of FOIPPA;
  2. the use of the Provincial Nominee Personal Information as described in this schedule is authorized by sections 32(a), (b) and (c) of FOIPPA;
  3. the disclosure of the Provincial Nominee Personal Information to Canada as described in this schedule is authorized by sections 33.1(1)(b), 33.2(a), and 33.2(i) of FOIPPA .

4.3  In order to facilitate the exchange of Personal Information between Canada and British Columbia, British Columbia will obtain a signed consent from each Provincial Nominee Applicant and the Applicant’s spouse, allowing British Columbia and Canada to share Personal Information regarding the Provincial Nominee Applicant and the Applicant’s spouse including the processing thereof, and for the purposes of program monitoring, quality assurance, program integrity and evaluation.

5.0  Permitted Parties

5.1  The Permitted Parties under this schedule are:

  1. British Columbia Ministry of Jobs, Tourism and Skills Training and Responsible for Labour and/or any successor ministry with responsibility for the activities described in Annex A of the Agreement; and
  2. Citizenship and Immigration Canada and/or any successor department with responsibility for the activities described in Annex A of the Agreement.

6.0  Information to be Provided

6.1  Canada will provide the Provincial Nominee Personal Information on the processing and permanent resident admissions of Provincial Nominees destined to British Columbia, as described in Appendix A.

6.2  British Columbia will provide Provincial Nominee Personal Information to Canada, as described in Appendix B.

6.3  British Columbia will provide relevant case-specific information as described in Appendix C if available and with appropriate authorities for disclosure in place, to allow Canada to make informed decisions about the disposition of cases where there is suspected or confirmed fraud or misrepresentation or where it is necessary for program integrity review. This information may include:

  1. Provincial Nominee Personal Information and information received from Third Parties;
  2. Personal Information regarding spouses of Provincial Nominee Applicants; and
  3. information relating to the administration of the Provincial Nominee program.

6.4  Where a case or cases of suspected or confirmed fraud and/or misrepresentation has been identified by either Party, Canada will provide case-specific information, including Provincial Nominee Personal Information to assist British Columbia in assessing provincial nominee applications and rendering nomination dispositions. The information to be provided where available and where relevant to the suspected or confirmed fraud and/or misrepresentation is described in Appendix D, as follows:

  1. information identified as Tier 1 information in the Appendix will initially be provided;
  2. information identified as Tier 2 information in the Appendix will be provided to a specific request from Bristish Columbia.

6.5  British Columbia will keep written or electronic records of its assessments of Provincial Nominees for a minimum of six years from the date of nomination. British Columbia will share those records with Canada on request.

7.0  Requests for Information

7.1  The Permitted Parties may, in accordance with the provisions of this schedule and Annex D:

  1. Request and provide any non-personal information identified in the Appendices to this schedule on a case-by-case basis; and
  2. Request and provide additional non-personal information not provided for in the Appendices to this schedule but consistent with the purposes specified in section 2.1 of this schedule on a case-by-case basis

7.2  Requests for additional information will be made in writing between Schedule Designated Representatives.

7.3  Recurring requests for information not provided for in the Appendices may require this schedule to be amended. Schedule amendments are subject to the amendment provisions in 10.7 of the Agreement General Provisions.

8.0  Secondary Disclosure

8.1  The Parties will not disclose the Provincial Nominee Personal Information except as authorized or required by law.

9.0  Schedule Designated Representatives

9.1  The Schedule Designated Representatives are:

For Canada:

Director General, Immigration Branch,
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

9.2  Either Party may, from time-to-time, designate a different individual or individuals to be that Party’s Schedule Designated Representative(s), by giving notice to the other Party’s Schedule Designated Representative. Such different individual(s) will, from the date such notice is given, supersede any previously designated Schedule Designated Representative(s) for that Party.

10.0  General

10.1  This schedule comes into force when the Agreement is signed by the last of the Parties to do so and remains in effect for 5 years or until it is terminated or replaced by another agreement between the Parties.

10.2  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 Provincial Nominee Personal Information.

Appendix A: Nomination Information provided by Canada to British Columbia

The following information is provided by Canada to British Columbia on a monthly basis.

Category – Principal Applicant Identifiers

Data Element

  • Surname
  • Given Name
  • Gender
  • Date of Birth
  • Country of Residence
  • Country of Last Permanent Residence
  • Family Status

Category – PR Processing information

Data Element

  • Application Case Number
  • Application Received Date
  • Selection Decision Group
  • Selection Decision Date
  • Final Decision
  • Final Decision Date
  • Confirmation of Permanent Residence (COPR) Issued Date
  • Permanent Residence  Data Source
  • Application province of destination
  • Application number
  • Application Primary Office
  • Application Secondary Office
  • Application Prospective to Open Date
  • Number of Clients on application
  • Province of Destination

Category – Nomination Certificate Information

Data Element

  • Certificate number
  • Certificate issuance date
  • Provincial nomination stream
  • Nomination issuance date
  • Certificate expiry date
  • Total number of persons on nomination
  • Description of stream

Category – Occupation Information

Data Element

  • Occupation

Category – Admission Information

Data Element

  • Landing date
  • Port of entry
  • City destination at admission
  • Province of destination at admission
  • Address

Appendix B: Nomination Information provided by British Columbia to Canada

The following information is provided by British Columbia to Canada on a monthly basis.

Category – Nominee Identifiers

Data Element

  • Express Entry Profile Number
  • Surname
  • Given name
  • Date of birth
  • Citizenship

Category – Provincial Nominee Program Information

Data Element

  • Stream
  • Stream type
  • Conditions or restrictions

Category – Nomination Certificate Information

Data Element

  • Application date for nomination
  • Nomination status
  • Nomination issuance date
  • Certificate number
  • Certificate expiry date

Category – Family Members

Data Element

  • Total number of persons on nomination

Category – Language Requirements

Data Element

  • Indicator whether a language test is required
  • If yes – Language test results
  • If yes – Canadian Language Benchmark Level

Category – Occupation Information

Data Element

  • Applied occupation
  • Occupation NOC code

Appendix C: Information provided by British Columbia to Canada
Anti-fraud or program integrity

British Columbia will provide case-specific information, including Provincial Nominee Personal Information which may include information received from Third Parties, and information relating to administration of the Provincial Nominee program, in order for Canada to make informed decisions about disposition of these cases and in the furtherance of the integrity of the program.

The information to be provided, where available and where relevant to the suspected or confirmed fraud and/or misrepresentation or to the program integrity review, is described below.

Category – Information specific to approval of the Nomination

Data Element

  • Certificate number
  • Date of certificate issuance
  • Certificate expiry date
  • Nomination Stream (specific stream within PT nominee program)

Category – Information specific to the Principal Applicant

Data Element

  • Name, given names
  • Marital/Familial Status such as copies of marriage certificates
  • Date of birth
  • Place of birth
  • Country of citizenship
  • Country of Last Permanent Residence (CLPR)
  • Address history (all residential addresses reported including any postal boxes used)
  • Phone number(s)
  • Email address(es)
  • Copies of official government-issued identification documents including driver’s license/ abstract
  • Copies of birth certificate and/or passports for applicant

Category – Information about applicant’s third-party representative (licensed or not)

  • Name and type of representative (lawyer, licensed consultant, labour agent or contractor, NGO, paid or unpaid representative, etc.)
  • License /registration number for authorized/ paid representative
  • Address
  • Phone number
  • Email address
  • Documentary evidence of any familial or other personal relationship to the representative
  • Names and addresses of any other businesses or persons for whom the declared  representative was an agent or partner in the application process

Category – Personal Information relating to Applicant’s spouse

Data Element

  • Name (name, given names)
  • Familial/Marital Status (in relation to the Principal Applicant)
  • Date(s) of birth
  • Country(ies) of citizenship
  • Place of birth
  • Country(ies) of Last Permanent Residence (CLPR)
  • Address history (all residential addresses reported)
  • Phone number(s)
  • Email address(es)
  • Copies of official government-issued identification documents including driver’s license/abstract 
  • Copies of birth certificate/ passports for members of applicant’s family

Category – Education related information specific to the applicant

Data Element

  • Education credentials and evaluations of same. This includes Canadian equivalency documents, diplomas and information about program of study including academic history/standing (e.g. copies of transcripts), as well as academic sanctions  and records of any scholarships awarded to the applicant
  • Evidence of applicant’s membership and/or registration in regulated occupations if they intend to work in a regulated occupation

Category – Employment related information specific to the applicant

Data Element

  • Copies of employment records (letters of offer, pay stubs, contractual specifics etc.) including  the identity of the person who authorized the job offer
  • Copies of any resume submitted and letters of reference
  • Language test results and any documentary evidence on record that the applicant is the person who took the language test

Category – Employer-specific information

Data Element

  • Name of the business employing the applicant
  • Physical address of business such as any related documentary evidence including, deeds,  or leasing  or rental agreements
  • Phone number(s)
  • Email address
  • Website address
  • Business registration/ incorporation number
  • Financial records and transactions (e.g. balance sheets, statements of cash flow, income statements) including audits
  • Employment records/employment history  for the business  
  • The number of full- and part-time workers who are Temporary Foreign Workers at the time of the application
  • Signed copies of contracts/employment agreements/job offer specific to the nominee applicant
  • Evidence of previous contraventions of provincial and/or federal legislations (e.g. tax laws, labour laws, Occupational Health and Safety)

Category – Business, entrepreneurs or investor stream specific information

Data Element

  • Name of the entrepreneurs, investors and/or key nominated staff
  • Residential address of the entrepreneurs, investors and/or key nominated staff
  • Phone numbers of the entrepreneurs, investors and/or key nominated staff
  • Email address of the entrepreneurs, investors and/or key nominated staff
  • Business or investment proposal
  • Physical address of business including any related documentary evidence including, deeds,  or leasing  or rental agreements
  • Phone number(s)
  • Email address
  • Website address
  • Business registration/ incorporation number
  • Financial records and transactions (e.g. balance sheets, statements of cash flow, income statements) including audits
  • Employment records/employment history  for the business
  • The number of full- and part-time workers who are Temporary Foreign Workers at the time of theapplication
  • Signed copies of contracts/employment agreements/job offer specific to the nominee applicant
  • Evidence of previous contraventions of provincial and/or federal legislation (e.g. tax laws, labour laws, Occupational Health and Safety)

Category – Information about employer or business applicant’s third-party representative (licensed or not)

Data element

  • Name and type of representative (lawyer, licensed consultant, labour agent or contractor, NGO, paid or unpaid, etc.)
  • License /registration number for authorized/ paid representative
  • Address
  • Phone number
  • Email address
  • Documentary evidence of any familial, personal or business relationship between the employer or business stream applicant and the representative
  • Names and addresses of any other businesses or persons for whom the declared  representative was an agent or partner in the application process

Category – Specific documentation prepared to support fraud determination

Data Element

  • Releasable relevant case notes related to application
  • Copies of third party representative investigation reports

Appendix D: Information provided by Canada to British Columbia
Anti-fraud or program integrity 

Where a case or cases of suspected or confirmed fraud and/or misrepresentation has been identified by either Party, Canada will provide case-specific information including Provincial Nominee Personal Information and information related to organizations and any other entities involved to assist British Columbia in assessing provincial nominee applications and rendering nomination dispositions. 

In cases where Canada discovers fraud, suspected fraud, or misrepresentation in connection with a PNP application, Canada will notify British Columbia as soon as possible regarding the reasons for its determination. Canada will provide British Columbia with all relevant case-specific information related to the fraud, suspected fraud, or misrepresentation it has identified.

The information to be provided, where available where relevant to the suspected or confirmed fraud and/or misrepresentation, is described below.

Tier 1 – INITIAL

Category – Principal Applicant identifiers

Data Element

  • Principal Applicant Unique Client Identifier
  • Surname of Principal Applicant
  • Given name of Principal Applicant
  • Aliases
  • Date of birth
  • Country of birth
  • Country of Last Permanent Residence (CLPR)
  • Citizenship
Category – Immigration status

Data Element

  • Status in Canada at the time of request
    • Foreign National on Temporary Resident status /Permanent Resident/Citizen/Other (Refugee Claimant, Protected Person)

Category – Application history

Data Element

  • Application numbers
  • Types of application filed
    • Nomination Certificate Number (PNC) for PV-2 applications
    • PNC Expiry Date for PV-2 applications
  • Date applications were received
  • Final decisions on applications filed
    • Approved/Refused/Withdrawn
  • For applications refused, ground(s) for refusal
Category – Organization or entity or representative associated with applications

Data Element

  • Organization or entity (Employer/ Inviter) associated with applications
  • Representative associated with applications
  • Representative ID
  • Surname of representative
  • Given name of representative
  • Address and contact information phone numbers for representative
  • Representative registration #
  • Representative Status
  • List of applications associated to the representative with British Columbia as destination
  • Organization/entity associated to the representative
  • Primary and Secondary CIC offices that processed the applications
  • Final decisions of associated applications

Tier 2 – FOLLOW-UP REQUEST

More detailed information on the Principal Applicant from a given application

Data Element

  • The same data elements listed above that are associated to the application in question
  • Spouse and dependents bio-data
  • Address and contact information phone numbers for Principal Applicant, associated organization/entity and representative
  • Releasable relevant case notes related to application
  • More detailed information on the representative or organization/entity, if available.
  • Date and place client was granted Permanent Resident (PR) status or Citizenship for PR and Citizenship applications
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