Canada-British Columbia Immigration Agreement

Annex A: Provincial Nominees

2021

1.0 Purpose and Objectives

• 1.1  The purpose of this Annex is to define the roles and responsibilities of Canada and British Columbia in relation to the Provincial Nominee class as described in section 87 of the Immigration and Refugee Protection Regulations (IRPR) and, in accordance with section 8(1) of the Immigration and Refugee Protection Act (IRPA), to establish provisions concerning the selection of and acquisition of immigration status by foreign nationals nominated by British Columbia.
• 1.2  In the event of a conflict between this Annex and the IRPA, the IRPR, or Ministerial Instructions given under the IRPA, Canada and British Columbia agree that the IRPA, the IRPR or Ministerial Instructions shall prevail.
• 1.3  The objectives of this Annex are:
  • 1.3.1. To strengthen British Columbia’s ability to enhance the economic benefits of immigration to the province taking into account British Columbia’s economic priorities as well as the development of Minority Official Languages Communities in the province;
  • 1.3.2. To increase/support the French-Speaking population of British Columbia through immigration;
  • 1.3.3. To recognize that the Provincial Nominee Program, as established by section 87 (1) of the IRPR and this Annex A, provides for the establishment of a jointly administered immigration program, where:
    1. British Columbia is responsible for:
       1. the recruitment, assessment, and nomination of Provincial Nominees on the basis of their ability and intention to economically establish and settle in British Columbia;
       2. the promotion of the British Columbia Provincial Nominee Program;
       3. the integrity of the British Columbia Provincial Nominee Program; and
       4. ensuring that effective performance monitoring and evaluation systems, consistent with the national Provincial Nominee Program Performance Measurement and Evaluation Frameworks, are in place in British Columbia.
    2. Canada is responsible for:
       1. ensuring that applicants admitted under the Provincial Nominee Program have met the requirements of membership in the economic class as provided under the IRPA, and that they are assessed for nomination using criteria designed to determine their eligibility for consideration in the economic class;
       2. making the final selection and admissibility decisions and issuing visas; and
       3. ensuring that performance monitoring and evaluation systems are in place at the federal level to ensure that the national Provincial Nominee Program continues to meet its economic objectives.
  • 1.3.4 To process British Columbia Provincial Nominees for permanent residence as expeditiously as possible, taking into account:
    1. British Columbia’s annual Provincial Nominee Program plan;
    2. Canada’s projected annual immigration levels plan as per s. 94 of the IRPA;
    3. the number of provincial nomination certificates issued in each calendar year, as referred to in section 3.4;
    4. legislative and regulatory requirements, including eligibility, admissibility and Ministerial Instructions; and
    5. operational and resource constraints.

2.0 Shared Principles

• 2.1  Canada and British Columbia agree to abide by and uphold the following shared principles:
  • 2.1.1 British Columbia is best positioned to:
    1. determine the specific economic and labour market needs of British Columbia vis-à-vis immigration; and
    2. assess and nominate candidates that will meet these economic and labour market needs and have the ability and intention to economically establish and settle in British Columbia.
  • 2.1.2 Canada is responsible for national immigration policy direction, the overall design and management of the movement of permanent and temporary residents to Canada and, in accordance with section 94 of the IRPA, for the establishment of an annual immigration plan containing a projection of the number of immigrants to be admitted to Canada each year in total and in each immigrant category; and, in accordance with section 87.3 of the IRPA, for the processing of applications and requests in a manner that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada. In carrying out its responsibilities, Canada is committed to working equitably with all interested parties, including British Columbia;
  • 2.1.3 Canada is responsible for the creation of immigration classes within the IRPA; British Columbia is responsible for the design, administration, monitoring, evaluation and integrity of its Provincial Nominee Program, and may create categories within this program to the extent that these categories identify individuals solely on the basis of their ability and intention to economically establish and settle in British Columbia, and are compatible with the definitions and criteria applicable to the Provincial Nominee class under the IRPA and the IRPR and with national immigration policy;
  • 2.1.4 Canada will process Provincial Nominee applications from applicants nominated in all provinces and territories equitably and as expeditiously as possible within the number of nomination certificates allocated each calendar year, subject to the provisions of section 3.4 and 9.2, operational and resource constraints and balancing multiple competing priorities including any priorities which may arise as a result of Ministerial Instructions issued under section 87.3 of the IRPA.
  • 2.1.5 Canada and British Columbia agree on the importance of the following shared principles:
    1. The Provincial Nominee Program as a strategic tool for significant economic benefit in the region;
    2. The importance of encouraging the development of Minority Official Languages Communities in British Columbia;
    3. Communication and collaboration to ensure program integrity, effective management and successful outcomes;
    4. Program integrity activities in maintaining the integrity of the Provincial Nominee Program;
    5. Standardized methodology for all Provincial Nominee Program evaluations to ensure that performance information common to all jurisdictions is collected and evaluated in a comparable manner; and
    6. The Provincial Nominee Program as a tool for spreading the benefits of immigration across Canada and the critical role that the settlement and retention of provincial nominees in the nominating jurisdiction plays in achieving this goal.
  • 2.1.6 Both parties will consult in a timely manner on proposed changes to policies, legislation, regulations and programs which could have a significant impact, fiscal or otherwise, on the operation of British Columbia’s Provincial Nominee Program.

3.0 Planning and Reporting

• 3.1  British Columbia will develop a Provincial Nominee Program plan based on the shared principles agreed to by the Parties in section 2.1. British Columbia will submit this plan to Canada on an annual basis and in advance of consultations, for consideration in developing Canada’s projections for Canada’s immigration levels planning. In establishing its Provincial Nominee Program plan, British Columbia will consult with Canada, to account for Canada’s role in national immigration policy and planning.
• 3.2  Canada will make all reasonable efforts to incorporate British Columbia’s Provincial Nominee Program plan into Canada’s immigration plan.
• 3.3  In establishing the number of Provincial Nominee Program nominations allocated to British Columbia as part of Canada’s immigration plan, Canada may consider British Columbia’s results in achieving the expected outcomes of the Provincial Nominee Program, including but not limited to:
  • 3.3.1 British Columbia’s ability to identify fraud;
  • 3.3.2 British Columbia’s ability to identify nominees based on the nominees’ ability to become economically established within British Columbia;
  • 3.3.3 British Columbia’s ability to retain nominees in British Columbia; and
  • 3.3.4 British Columbia’s ability to address provincial labour market and economic needs through the Provincial Nominee Program.
• 3.4  The number of Provincial Nominee Program nominations as set by Canada in consultation with British Columbia, subject to the principles outlined in section 2.1, may be adjusted at any time during the year upon agreement by both Parties. By September 30, or periodically as agreed to by both Parties, British Columbia will inform Canada of its progress in issuing certificates for the current calendar year.
• 3.5  Reporting on British Columbia’s levels planning will be undertaken as follows:
  • 3.5.1 British Columbia will provide Canada with an annual report for the preceding year on British Columbia’s Provincial Nominee Program plan and the results achieved based on calendar year, no later than four (4) weeks after receiving the specified format from Canada; and
  • 3.5.2 The annual report will include but is not limited to the elements outlined in Schedule A. The province will amend the annual report, as required, to ensure that it includes the performance indicators listed in the Provincial Nominee National Performance Measurement framework outlined in section 7.2.
• 3.6  The Parties undertake to give one another notice of any change in procedure, policy, regulations or legislation relating to their respective programs or operations that is likely to affect the Provincial Nominee Program.

4.0 Assessment and Nomination

• 4.1  British Columbia has the sole and non-transferable responsibility to assess and nominate candidates who, in British Columbia’s determination:
  • 4.1.1 Will be of benefit to the economic development of British Columbia; and
  • 4.1.2 Have the ability and intention to economically establish and permanently settle in British Columbia subject to sections 4.3 through 4.9 of this Annex.
• 4.2  Canada shall consider British Columbia’s nomination as evidence that British Columbia has carried out its due diligence determining that an applicant has met the requirements of British Columbia’s Provincial Nominee Program.
• 4.3  In order to exercise its nomination authority under this Annex, British Columbia will develop objective and transparent criteria for nomination which will be designed to assess the ability of the applicant to become economically established in British Columbia and to demonstrate the economic benefit to the province. British Columbia will publish Provincial Nominee Program requirements, policy and procedures in publicly available directives. Applicants will be required to meet these criteria in order to be nominated. British Columbia will respect the principles and objectives of this Annex in developing and implementing its criteria and procedures.
• 4.4  British Columbia will provide Canada, in confidence, all necessary information regarding the criteria, policies and procedures that it has established for the categories under its Provincial Nominee Program, as outlined in stream design templates provided by Canada, prior to the introduction and/or modification of any Provincial Nominee Program stream, category or pilot project. Canada will conduct a review of any proposed changes and, if it has determined that the changes are consistent with the IRPA, the IRPR and national immigration policies, Canada and British Columbia will agree to the proposed changes. To the extent possible, the timing and duration of the review will be mutually agreed upon by Canada and British Columbia prior to the start of the review process, taking into account resource constraints. While Canada will strive to undertake the review as expeditiously as possible, the period of this review will vary according to the complexity of the proposed changes. British Columbia will only implement the new or amended Provincial Nominee Program stream, category or pilot project once Canada and British Columbia have reached agreement.
• 4.5  Applicants to the Provincial Nominee Program will be assessed solely on the basis of economic benefit to British Columbia and their ability and likelihood of becoming economically established and permanently settling in British Columbia. Economic establishment will be determined on the basis of factors which may include, but are not limited to current job or job offer, language ability, work experience, education and training, and business ownership skills and past experience.
• 4.6  Non-economic factors, including but not limited to family connections or community ties, shall not constitute an eligibility condition or determining factor under any stream or category under the Provincial Nominee Program. Non-economic factors may only be used to assess the applicant's ability to adapt, intentions to reside and/or settle in the nominating province, once other economic eligibility factors have been met.
• 4.7  British Columbia agrees to maintain the minimum language standards implemented on July 1, 2012 for Provincial Nominees at National Occupational Classification skill levels C and D and to work towards establishing minimum language standards and mandatory testing for all other Provincial Nominees.
  • 4.7.1 For those streams, categories or occupations subject to minimum language standards and mandatory testing, British Columbia will confirm that nominations are based on valid language test results. British Columbia will require those applicants to have their proficiency assessed in the English or French language by an organization or institution designated by Canada, and these applicants must have obtained proficiencies for their abilities to speak, listen, read and write that correspond to agreed upon benchmarks. Only language test results from an organization or institution designated by Canada and the correlation of those results with the agreed upon benchmarks will be accepted as evidence of the applicant’s proficiency in an official language for the purposes of this provision.  The official notification of the results issued by the designated organization or a copy must be included with the application for permanent residence. The benchmarks are as follows:
    1. In the case of an applicant who has a job offer for an occupation listed in Skill Level C or Skill Level D of the National Occupational Classification, or has acquired work experience in one or more occupations that are listed in Skill Level C or Skill Level D of the National Occupational Classification matrix, applicants must have obtained proficiencies that correspond to the Canadian Language Benchmark of 4 or higher in each of the following competencies: speaking, listening, reading and writing.
  • 4.7.2 As applicants in other streams, categories or occupations become subject to minimum language standards and mandatory testing, British Columbia will follow the same process as outlined in section 4.7.1 to confirm that these applicants have obtained proficiencies for their abilities to speak, listen, read and write that correspond to agreed upon benchmarks. 
  • 4.7.3 Applications for permanent residence which require the submission of language test results as per 4.7.1(a) and which do not include valid language test results, or the language results do not meet the above requirements, will be returned to the applicant.
• 4.8  In exercising its nomination authority under this Annex, British Columbia will apply the criteria for nomination referred to in sections 4.1 through 4.7 and follow the policy and procedures established by British Columbia, as amended from time to time, insofar as these criteria, policy and procedures are consistent with the IRPA, the IRPR or any successor legislation and regulations, national immigration policies and the terms of this Agreement and this Annex. These criteria will be applied to all individuals applying under the British Columbia’s Provincial Nominee Program and British Columbia will not waive these criteria.
• 4.9  British Columbia will not issue a nomination certificate to:
  • 4.9.1 Any person whose employment is likely to affect the settlement of any labour dispute or affect the employment of a person involved in such a dispute, or whose employment will adversely affect employment or training opportunities for Canadian citizens or Permanent Residents in British Columbia; or
  • 4.9.2. Any person who intends to enter, has agreed to enter, or has entered into an “immigration-linked investment scheme”; or
  • 4.9.3 Any person who British Columbia does not determine will be of benefit to the economic development of British Columbia; or
  • 4.9.4 Any person who does not have the ability and intention to economically establish and settle in British Columbia.
• 4.10  British Columbia will make every reasonable effort to ensure the collection and verification of all documentation supporting a nomination is genuine, and will conduct due diligence as and when warranted to confirm the authenticity of documents supporting a nomination and the veracity of information provided.
• 4.11  British Columbia will keep written or electronic records of its assessments of its nominees against those criteria for a minimum of six years from the date of nomination and share those records with Canada if requested to do so, subject to section 12.4 of the General Provisions of this Agreement.
• 4.12  British Columbia is responsible for ascertaining an applicant’s ability to economically establish and settle in British Columbia, and will conduct due diligence to ensure the applicant’s ability to do so. Notwithstanding the foregoing, Canada retains the right to request additional documentation from the nominee which supports the nominee’s ability and intention to become economically established and settle in Canada pursuant to sub-section 87(3) of the IRPR.  In exercising its responsibilities under sections 4.2 and 4.18 and sections 6.1 to 6.7, Canada may also seek clarification and request documentation from British Columbia on its assessment, the record of which is required under section 4.11 and Annex D, Information Sharing.
• 4.13  British Columbia will issue a dated Confirmation of Nomination, valid in accordance with British Columbia’s administrative requirements, for each Provincial Nominee. The Confirmation of Nomination initial validity will not exceed six months. The certificate will specify information including, but not limited to, the category under which the nomination has been made, as well as other information outlined in Annex D, Information Sharing. For security reasons, British Columbia will forward a record of the Confirmation of Nomination, by electronic means, to the location specified by Canada. A Confirmation of Nomination received directly from the candidate or other parties will not be accepted as evidence of the nomination. Nominees must file an application for permanent residency within the time limit specified on the nomination certificate.
• 4.14  British Columbia will not issue nominations in excess of the annual amount established by Canada in accordance with section 3.4.
• 4.15  On a five (5) year schedule, British Columbia will conduct an independent and objective audit of the activities required to implement sections 4.1 to 4.13 and 5.2 to 5.3 to assess whether the procedures which have been established and documented are respected and that adequate oversight mechanisms have been put in place for ongoing program monitoring and reporting, subject to the following conditions:
  • 4.15.1  Audits will be consistent with the standards established by the Institute of Internal Auditor;
  • 4.15.2 British Columbia will consult with Canada on the terms of reference for the audit;
  • 4.15.3 British Columbia will provide the results of audits, including the management responses and associated action plans, to Canada;
  • 4.15.4 British Columbia will report to Canada on the status of the action plan agreed to by the province on an annual basis until the completion of all action items. Canada will not disclose the results of audits, including the management responses without the consent of British Columbia;
  • 4.15.5  Following the audit as described in 4.15, British Columbia or Canada may request a review of the Provincial Nominee Program streams, categories or pilot projects currently in place. Should a review be requested by either party, British Columbia agrees to provide Canada with information on the stream design, as required. Canada and British Columbia will co-operate on an assessment of the stream following the processes identified in section 4.4 and, if it is determined that the streams are consistent with the IRPA, the IRPR and national and provincial immigration policies and objectives, Canada and British Columbia will agree to proceed without changes; and
  • 4.15.6  British Columbia shall undertake the audit as described in section 4.15 within one (1) year of this Agreement taking effect, unless such an activity was completed within the previous three (3) years.
• 4.16  Subject to section 3.4 and 9.2, Canada agrees to process applicants nominated for permanent resident status by British Columbia as expeditiously as possible with a view to achieving targets that have been integrated into Canada’s immigration levels plan, and to balancing multiple competing priorities, including as reflected in Ministerial Instructions issued under section 87.3 of the IRPA.
• 4.17  Canada will communicate the terms of this Annex to offices involved in the processing of Provincial Nominee Program cases to ensure consistent application of all principles agreed upon at processing offices.
• 4.18  Upon receipt of the application for permanent residence, together with the nomination certificate from British Columbia, Canada will:
  • 4.18.1 determine the eligibility of the nominee as a member of the Provincial Nominee class pursuant to section 87 of the IRPR;
  • 4.18.2 determine the admissibility of the nominee and the nominee’s dependants with respect to legislative requirements; and
  • 4.18.3 issue permanent resident visas to Provincial Nominees and accompanying dependants who meet all the requirements of the British Columbia Provincial Nominee Program and the eligibility and admissibility requirements of the IRPA and the IRPR.
• 4.19  Should Canada determine that an individual nominated by British Columbia is likely to be refused a permanent resident visa based on the requirements of membership in the Provincial Nominee class as per the IRPR and this Agreement, British Columbia will be notified as soon as possible, taking into consideration local operating environments, and British Columbia will be consulted regarding the reasons for possible refusal.
• 4.20  British Columbia may raise concerns or seek clarification from the assessing office with respect to a potential refusal, where the refusal is based on a finding that the applicant does not satisfy the requirements for membership in the Provincial Nominee class in accordance with the provisions of the IRPR, within sixty (60) days from the date of being advised by Canada.
• 4.21  In all cases where Canada determines that an individual nominated by British Columbia does not meet the admissibility requirements of the IRPA, Canada will refuse without notifying British Columbia before the final decision. Subject to privacy law and to the extent consistent with Annex D of this Agreement, Canada will forward a copy of the refusal letter to British Columbia, in a timely fashion. The refusal letter shared with BC will include the reason(s) for which the application was refused.
• 4.22  Canada and British Columbia are committed to working together to assure program integrity. Accordingly, where Canada has refused an applicant on the basis of misrepresentation under section 40 of the IRPA, Canada will share case-specific information as described in Annex D of this Agreement. British Columbia shall conduct a review of the relevant provincial application, in accordance with its policies and procedures

5.0 Admission as a Temporary Resident

• 5.1  British Columbia may support the application for a work permit in the following instances:
  • 5.1.1 Where an entrepreneur nominee candidate is required to enter Canada as a temporary resident in order to meet the requirements of the British Columbia business stream; or
  • 5.1.2 Where a nominee is employed or has a job offer and is urgently required by the employer.
• 5.2 For nominees specified under 5.1.2, British Columbia is responsible for determining that, in the case of employment or a job offer:
  • 5.2.1  The job offer is genuine, and not part-time or seasonal;
  • 5.2.2 The individual is urgently required by the employer;
  • 5.2.3 The individual is reasonably able to carry out the functions of the job offer;
  • 5.2.4 That Canadians and Permanent Residents had been considered first to fill the job; and
  • 5.2.5 That the employer is not in violation of the IRPA/IRPR, as notified by Canada, and/or provincial employment standards, as notified by the provincial employment standards body.
• 5.3  British Columbia is responsible for conducting due diligence to verify that, in the case of an entrepreneur nominee candidate:
  • 5.3.1 The proposed business is consistent with British Columbia’s requirements, and that the business plan is commercially viable;
  • 5.3.2 The applicant is likely to establish the proposed business;
  • 5.3.3 The applicant is reasonably able to carry out the functions of business ownership/management; and
  • 5.3.4 In the case where an applicant is entering Canada on a work permit as part of the business establishment period to meet provincial requirements to be nominated, that the applicant is likely to meet the requirements for nomination within the initial period authorized.
• 5.4  British Columbia will keep written or electronic records of its assessments of due diligence described in sections 5.2 and 5.3 for a minimum of six years from the date of the issuance of a letter of support and will share those records with Canada if requested to do so, subject to section 12.4 of the General Provisions of this Agreement.
• 5.5  In the case of a nominee with employment or a job offer, where British Columbia has conducted the due diligence as described in section 5.2, and is of the opinion that entry of a foreign national under a work permit is of significant benefit to British Columbia, British Columbia may support an application for a work permit pursuant to section 204(c) of the IRPR with a letter indicating that:
  • 5.5.1 The nominated individual is urgently required by the employer,
  • 5.5.2 The job offer is genuine and the job offer will create economic benefits or opportunities;
  • 5.5.3 The employment is not part-time or seasonal; and,
  • 5.5.4 The wages and working conditions of the employment would be sufficient to attract and retain Canadian citizens or permanent residents, as per provincial wage rates.
• 5.6  Recognizing the administrative resources required by British Columbia to issue letters under IRPR 204(c), Canada and British Columbia agree to work towards streamlining the process for admission as a Temporary Resident. Should Canada, British Columbia, and the other Canadian provinces and territories, agree to a new process for supporting admission of Temporary Residents, the new process will supersede the process outlined under section 5 of this Annex.
• 5.7  Where British Columbia is considering an application for nomination under the business category of the Provincial Nominee Program, has conducted due diligence as described in section 5.3, and is of the opinion that entry of a foreign national under a work permit to carry out business activity is of significant benefit to British Columbia, British Columbia may support an application for a work permit pursuant to section 205(a) of the IRPR with a letter indicating that:
  • 5.7.1 The foreign national is being considered for nomination for permanent residence based on their stated intention to conduct business activity in the province;
  • 5.7.2 British Columbia is of the opinion that the planned business activity will be of significant benefit to the province; and,
  • 5.7.3 British Columbia is requesting that Canada issue a work permit for a specific period, up to a maximum of two (2) years.
• 5.8  Where British Columbia has provided a letter of support as described in section 5.5, British Columbia acknowledges that Canada will complete an assessment of the foreign national’s work permit application against section 205(a). Canada will consider British Columbia’s letter of support in making its own determination that the proposed business would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or Permanent Residents.
• 5.9  Upon receipt of the application for a work permit, together with a letter for support from British Columbia, Canada will:
  • 5.9.1 Determine the eligibility of the applicant for a work permit pursuant to section 200 of the IRPR;
  • 5.9.2 Determine the admissibility of the applicant with respect to legislative requirements; and
  • 5.9.3 Issue a work permit to applicants who meet all the requirements of the British Columbia stream and the eligibility and admissibility requirements of the IRPA and the IRPR.
• 5.10  Where a temporary work permit issued under section 5.9 of this Annex is due to expire and British Columbia has nominated that foreign national and the foreign national has applied for permanent residence and has been found eligible, Canada may issue a Bridging Open Work Permit to that foreign national pursuant to section 205(a) of the IRPR.

6.0 Program Integrity

• 6.1  Canada and British Columbia have a shared responsibility for program integrity in the administration of the Provincial Nominee Program. To ensure the integrity of the program, both Canada and British Columbia will monitor quality of decision making and conduct ongoing anti-fraud activities and British Columbia will implement changes to the program as necessary in a timely manner.
• 6.2  Subject to section 12.4 of the General Provisions of this Agreement, Canada and British Columbia will cooperate to ensure the integrity of the Provincial Nominee Program, including, but not limited to, activities such as:
  • 6.2.1 Investigating potential program abuses to ensure the rigour and confidence of the immigration system;
  • 6.2.2 Sharing information including Personal Information and intelligence related to program abuses, subject to privacy laws and to the extent required by Annex D, Information Sharing;
  • 6.2.3 Working collaboratively with other federal agencies, as required, to address issues related to admissibility, including anti-fraud activities, criminality and public safety;
  • 6.2.4 Coordinating and streamlining investigations involving both jurisdictions; and
  • 6.2.5 Conducting and disseminating research, and identifying knowledge gaps related to program integrity and quality assurance mechanisms.
• 6.3  Canada and British Columbia will continuously seek to improve program integrity by acting upon knowledge gained through periodic program integrity and quality assurance activities, with an emphasis on:
  • 6.3.1 identifying and evaluating risk information to ensure appropriate measures are taken;
  • 6.3.2 establishing measures to strategically and systematically mitigate risks;
  • 6.3.3 improving policies and procedures by closing gaps and addressing vulnerabilities; and
  • 6.3.4 targeting program integrity training.
• 6.4  British Columbia will report instances of suspected or confirmed fraud and/or misrepresentation to Canada, without delay, as set out in Annex D, Information Sharing and subject to privacy law. Canada may report instances of confirmed fraud and/or misrepresentation, as set out in Annex D, Information Sharing and subject to privacy laws.
• 6.5  Where suspected or confirmed fraud or and/or misrepresentation has been identified by either Party, British Columbia will provide case specific information to Canada as set out in Annex D and subject to privacy laws, in order for Canada to make informed decisions about disposition of these cases and in the furtherance of the integrity of the program. Where confirmed fraud or misrepresentation has been identified by either party, Canada may provide case-specific information to British Columbia, as set out in Annex D and subject to privacy law, to assist British Columbia in its assessment of applications for nomination.
• 6.6  Where suspected or confirmed systemic program integrity concerns exist related to any of British Columbia’s Provincial Nominee Program streams, categories or pilot projects, Canada and British Columbia will jointly implement measures to protect the integrity of the program. If these measures are unsuccessful, Canada may suspend intake of applications for permanent residence. In the event of a suspension, Canada will inform British Columbia without delay.
• 6.7  Canada and British Columbia will share information on current and planned activities that support quality assurance and program integrity of the Provincial Nominee Program and, upon request, share the results of these activities with the other Party to the extent permitted by Annex D of this Agreement.

7.0 Program Evaluation

• 7.1  Canada will conduct a national evaluation of the Provincial Nominee Program on a five-year cycle in order to meet federal accountability and evaluation requirements. The evaluation will include the relevant components of British Columbia’s Provincial Nominee Program determined by Canada as necessary for a national evaluation. British Columbia is committed to cooperate to this end. Canada will be responsible for the costs of the national evaluation.
• 7.2  Canada, the Provinces, and Territories have collaborated to identify a sub-set of common performance indicators within the national Provincial Nominee Program Performance Measurement framework. These common performance indicators will be collected across all provinces and territories. British Columbia agrees to collect ongoing performance information as identified in this framework and to report on all indicators contained therein to Canada on an annual basis through British Columbia’s Provincial Nominee Program Annual Report referenced in section 3.5.1. Common performance indicators may be adjusted from time to time with the agreement of Canada and the Provinces and Territories. These common components will ensure consistency and comparability within the evaluation process.
• 7.3  Any modifications to the national Provincial Nominee Program Evaluation framework to guide federal evaluations will be developed in collaboration with all jurisdictions that have a Provincial Nominee Program, including British Columbia.
• 7.4  British Columbia will establish and communicate the objectives for their Provincial Nominee Program and each stream there within to Canada.
• 7.5  On a five-year schedule, British Columbia will conduct a rigorous evaluation of its Provincial Nominee Program that will utilize both qualitative and quantitative methodologies and multiple lines of evidence.
  • 7.5.1 The evaluations will examine program performance, including the extent to which desired outcomes are achieved, and incorporate data collected as per the national performance measurement framework and British Columbia’s Annual Report as per Schedule A.
  • 7.5.2 British Columbia will consult with Canada on the terms of reference for the evaluation.
  • 7.5.3 British Columbia will provide a copy of the evaluation, including the management responses and associated action plan, to Canada.
  • 7.5.4 British Columbia will report to Canada on the status of the provincially agreed upon action plan on an annual basis until the completion of all action items.
  • 7.5.5 Following the evaluation as described in 7.5, British Columbia or Canada may request a review of the Provincial Nominee Program streams, categories or pilot projects currently in place. Should a review be requested by either party, British Columbia agrees to provide Canada with information on the stream design, as required. Canada and British Columbia will co-operate on an assessment of the stream following the processes identified in section 4.4, and, if it is determined that the streams are consistent with the IRPA, the IRPR and national and provincial immigration policies and objectives, Canada and British Columbia will agree to proceed without changes.
• 7.6  In addition to the data reported annually under section 7.2, and 3.5.1, British Columbia will ensure that the requisite national evaluation information as identified in section 7.2 is available. British Columbia will cooperate with Canada, to the extent permitted by law, including the sharing of relevant program information and data, and facilitating access to program staff and clients for the purpose of gathering additional information required for the national evaluation.
• 7.7  As set out in Annex D, Information Sharing, and in section 12.4 of the General Provisions of this Agreement, Canada and British Columbia agree to share information on prospective and actual permanent resident admissions to aid in the evaluation and management of British Columbia’s Provincial Nominee Program.
• 7.8  British Columbia will continue to participate as a consortium member and contribute to the Longitudinal Immigrant Data Base which has established a mechanism to collect the data, inter alia, for the national Provincial Nominee Program evaluation.

8.0 Information Exchange

• 8.1  Canada and British Columbia agree to share information regarding the nominee’s application for the purposes of planning and development, program administration, program integrity, and, monitoring and evaluation.
• 8.2  As set out in section 12.4 of the General Provisions of this Agreement, terms and conditions governing information sharing are set out in Annex D, Information Sharing.
• 8.3  British Columbia will provide monthly nomination reports, the details of which are set out in Annex D, to Canada. Canada will provide British Columbia monthly reports, the details of which are set out in Annex D, on the processing and permanent resident admissions of Provincial Nominees destined for British Columbia.

9.0 Dispute Management and Resolution

• 9.1  In the case of a Dispute under this Annex, Canada and British Columbia agree to follow the Dispute Management and Resolution Procedures provided for in section 12.3 of the General Provisions of this Agreement.
• 9.2  Notwithstanding section 9.1, upon notification in writing as per section 12.3 of the General Provisions of this Agreement, that a Dispute exists regarding the interpretation or implementation of the IRPA, the IRPR and the Agreement as they apply to Provincial Nominees, Canada may, with reasonable notice to British Columbia, at any time during the Dispute Management and Resolution Procedures, impose a Processing Pause on the application(s) under dispute until the Dispute is resolved. The imposition of a Processing Pause applies but is not limited to Disputes concerning criteria established by British Columbia to assess an individual’s ability and intention to economically establish, or where there is evidence of systemic fraud or misrepresentation, or multiple instances of fraud and/or misrepresentation in the British Columbia Provincial Nominee Program.
  • 9.2.1 Canada will provide written notification to British Columbia, with reasonable notice in advance to British Columbia, of the date when the Processing Pause will start.
  • 9.2.2 Canada will provide written notification to British Columbia, with reasonable notice in advance to British Columbia, of the date when the Processing Pause will end.
• 9.3  Canada may factor into consideration the nature of disputes and their resolution in the establishment of the number of Provincial Nominee Program nominations allocated to British Columbia as part of Canada’s immigration plan. 

10.0 General

• 10.1 The Focal Points for the purpose of communication and notification pursuant to this Annex are:
  • 10.1.1 For Canada, the Director, Economic Immigration Policy and Programs, Immigration Branch; and
  • 10.1.2 For British Columbia, the Executive Director, Immigration Programs.
• 10.2 This Annex will take effect when the General Provisions of this Canada-British Columbia Immigration Agreement is signed and will be valid for five (5) years from the date of this Agreement coming into force.
• 10.3 Upon the mutual consent of both Parties in writing, the terms and conditions of this Annex 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 and the Lieutenant Governor in Council.
• 10.4 This Annex may be amended at any time by the mutual written consent of the Parties, subject to any required approval or authorization including the approval of the Governor in Council and the Lieutenant Governor in Council.
• 10.5 Either Party may terminate this Annex at any time by providing at least twelve (12) months’ notice in writing to the other Party.
• 10.6 This Annex will be terminated by the coming into force of a subsequent Provincial Nominee Annex.

schedule a – british columbia provincial nominee program plan

Part A: Objectives, Principles and Priorities

• Overview of Provincial Nominee Program, priorities and achievements.

Part B:  Results Achieved based on Annual Plan

• All elements included in the federal/provincial/territorial Provincial Nominee Program Annual Report, as amended from time to time by Canada, in collaboration with provinces and territories, in the following areas:
• Nominations Issued by British Columbia Process
  • Nomination certificates issued
  • Nominees who were Temporary Foreign Workers at time of nomination
  • British Columbia processing: Applications received, Applications declined, Nominations issued, Nominations withdrawn, inventories, processing times
• Landings, Retention and Economic Outcomes
  • Nominees admitted who have not reported to British Columbia within 3 months of landing
  • Nominees Residing in British Columbia
  • Outcomes of Business Nominees
• Program Development, Promotion and Recruitment
  • Promotion and recruitment activities, including those targeting French-speaking immigrants to British Columbia
  • French-Speaking immigrants to British Columbia: Nominees for whom French is their first Canadian official language of usage.

Part C: Program Integrity

• Summary of Provincial Nominee Program integrity activities, including, but not limited to, anti-fraud and quality assurance exercises.

Part D: Evaluations and Audits

• Evaluation plans and/or results.