Canada-British Columbia Immigration Agreement

Annex D – Schedule A

Provincial Nominee Information Sharing

2021


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.

2.0  Purpose

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 immigration-related policy; delivering, monitoring, and evaluating the PNP and its processes; and ensuring program integrity, investigating program abuses and detecting and deterring 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 definitions apply:

  1. “Provincial Nominee” means a person who is a member of the Provincial Nominee Class;
  2. “Prospective Nominee” includes any person who has submitted an expression of interest to apply for permanent residence to the British Columbia application intake system, or who has submitted an expression of interest or application to the province’s business streams and received a letter of support from the province supporting their entry as a Temporary Resident under a two-step entrepreneur program;
  3. “Permitted Parties” are identified and authorized to collect, retain, use, disclose, and dispose of the information as set out under this schedule;
  4. “Provincial Nominee Information” means information about nominees, prospective nominees, along with information about their spouses, common law partners, dependent(s) and/or third party representatives 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; and
  5. “Third Parties” means any person, corporation, entity, or organization other than the Parties.

4.0  Authorities

4.1  For Canada:

  1. Canada is authorized to collect the Provincial Nominee Information from British Columbia as it relates directly to the purposes of administering the IRPA and IRPR, as limited 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 information between Canada and British Columbia, British Columbia will seek to obtain a signed consent for each nominee and their spouse, common-law partner and/or dependent child(ren), allowing British Columbia and Canada to share information regarding the nominee’s application, including the processing thereof, and for the purposes of program monitoring, quality assurance, program integrity and evaluation.

5.0  Parties

5.1  The Parties under this schedule are:

  1. British Columbia Ministry of Municipal Affairs and/or any successor ministry with responsibility for the activities described in Annex A of the Agreement; and
  2. Immigration, Refugees and Citizenship Canadaand/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 and British Columbia will share accurate, up-to-date and complete relevant case-specific Provincial Nominee Information required for the administration of the Provincial Nominee Program, as described in Appendix A.

6.2    On a monthly basis, Canada will provide the Provincial Nominee Information on the processing and permanent resident admissions of Provincial Nominees nominated by British Columbia, as described in Appendix B.

6.3  On a monthly basis, British Columbia will provide Provincial Nominee Information to Canada, as described in Appendix C.

6.4  On a monthly basis, Canada will provide Provincial Nominee Information on the processing and admission of temporary resident applications supported by British Columbia, as described in Appendix F.

6.5    British Columbia will provide relevant case-specific information as described in Appendix D, 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 of the Provincial Nominee Program. This information may include:

  1. Provincial Nominee Information and information received from Third Parties;
  2. Information regarding spouses, common-law partners, dependent(s) and/or third party representatives of Provincial Nominee applicants; and
  3. Information relating to the administration of the Provincial Nominee program.

6.6  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 Information to assist British Columbia in assessing provincial nominee applications and rendering nomination dispositions, or where necessary, to assist British Columbia in conducting program integrity reviews, investigating program abuses and the detection and deterrence of fraud and misrepresentation. The information to be provided, where available, is described in Appendix E, as follows:

  1. information identified as Tier 1 information in Appendix E will initially be provided; and
  2. information identified as Tier 2 information in Appendix E will be provided in response to a specific request from British Columbia.

6.7    Canada and British Columbia recognize that any information shared under this schedule concerning suspected or confirmed fraud or misrepresentation is subject to internal briefings and, thus, may not be shared until such briefings have occurred.

6.8    Canada and British Columbia agree to share information on prospective and actual permanent residents to aid in British Columbia’s evaluation and management of the Provincial Nominee Program.

6.9  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.

6.10     British Columbia will keep written or electronic records of its assessments of due diligence related to letters of support for work permits for a minimum of six years from the date of nomination. British Columbia will share those records with Canada on request.

6.11     The Parties agree that aggregate data is equally important to planning and developing immigration-related policy; and, in delivering monitoring and evaluating Provincial Nominee Programs. As such, Participants agree to work together outside this schedule to establish a list, process and timelines for sharing aggregate information of interest to both parties, such as:

  1. processing time information for British Columbia Provincial Nominee Program applications for permanent residency.

6.12     The Parties will make every reasonable effort to verify that personal information to be disclosed is accurate, up-to-date and complete.

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 information identified in the Appendices to this schedule on a case-by-case basis; and
  2. Request and provide additional 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 Focal Points.

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 section 12.7 of the Agreement General Provisions.

8.0  Secondary Disclosure

8.1  The Permitted Parties will not disclose the Provincial Nominee Information referred to in this schedule to Third Parties except as described in the Annex or as authorized or required by law.

8.2    Canada reserves the right to share British Columbia’s PNP information (provided under Appendix A and C) with Statistics Canada to be integrated into the Statistics Canada linkage environment.

9.0  Schedule Focal Points

9.1  The Schedule Focal Points are:

9.2  Either Party may designate a new Schedule Focal Point notifying the other Participant’s Schedule Focal Point in writing.

10.0  Dispute Prevention and Resolution

10.1  The Parties agree to make every reasonable effort to prevent Disputes arising under this schedule. In the case of a Dispute or disagreement under this schedule, the Schedule Focal Points shall undertake verbal and/or written dialogue in an attempt to resolve the questions, Disputes or issues. Where the Schedule Focal Points are unable to come to a resolution, 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.

11.0  General

11.1  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.

11.2  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 management of the Provincial Nominee Information.

Appendix A: Case-specific information shared between Canada and British Columbia

Appendix B: Nomination Information provided by Canada to British Columbia

The following information is provided by Canada to British Columbia on a monthly basis for British Columbia nominated applicants, as required for the delivery of the Provincial Nominee Program and described in paragraph 6.2 of this Schedule.

Category Data Element
1. Principal Applicant Identifiers Surname
Given Name
Gender
Date of Birth
Country of Residence
Family Status
2. Family Member Identifiers Surname
Given Name
Gender
Date of Birth
Family Status
3. Family Member(s) PR Processing Information Application number(s)
4. Principal Applicant PR Processing information Application Received Date
Selection Decision Group
Selection Decision Date
Final Decision
Final Decision Date
Permanent Residence Data Source
Application province of destination
Application number
Application Primary Office
Application Secondary Office
Application Prospective to Open Date
Number of Client on application
5. Nomination Certificate Information Certificate Number
Certificate issuance date
Provincial nomination stream
Nomination issuance date
Certificate expiry date
Provincial nomination stream “other” description
6.  Occupation Information Occupation
7.  Admission Information Landing date
Port of entry
Address at admission
Email address

Appendix C: Nomination Information provided by British Columbia to Canada

The following information is provided by British Columbia to Canada on a monthly basis within the first 10 business days of the month following its collection, as described in paragraph 6.3 of this Schedule.

Category Data Element
1. Nominee Identifiers Express Entry Profile Number
Surname
Given Name
Date of Birth
Citizenship
2. Provincial Nominee Program Information Provincial Nomination Stream
GCMS Stream Type
Conditions or Restrictions
Comments and Remarks
3. Nomination Certificate Information Application receipt date for Nomination
Base or Enhanced Nomination
Nomination Status
Nomination issuance date
Certificate Number
Certificate Expiry date
4. Family Members Total number of persons on Nomination
5. Language Requirements Indicator whether a language test is required
If yes – what test was taken (i.e., IELTS, TEF, etc.)
If yes – Language Test Results
If yes – Canadian Language Benchmark Level
6. Occupation Information Occupation identified on application
Occupation NOC code

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

The following information will be provided by British Columbia on an ad hoc basis, where available and where relevant to the suspected or confirmed fraud and/or misrepresentation or to the program integrity review, as described below, and as described in paragraph 6.5 of this Schedule.

Category Data Element
1. Information specific to approval of the nomination Certificate Number
Date of Certificate Issuance
Certificate Expiry Date
Nomination Stream (specific stream within PT nominee program)
2. Information specific to the principal applicant Surname, given names
Aliases
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
3. 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
4. Personal Information relating to Applicant’s spouse, common law partner, or dependent(s) Name (surname, given names) – all claimed dependants
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
5. Information about any adult dependent’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
6. Education related information specific to the applicant 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
7. Employment related information specific to the applicant 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
8. Employer-specific information 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
9. Business, entrepreneurs or investor stream specific information 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 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)
10. Information about employer or business 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, 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
11. Specific documentation prepared to support fraud determination Information extracted from case notes related to application, as permitted by law
Copies of third party representative investigation reports

Appendix E: Information provided by Canada to British Columbia

Anti-fraud or Program Integrity

The following information to be provided by Canada where available, described below, and as described in paragraph 6.6 of this Schedule.

Tier 1 – Initial
Category Date Element
1. Principal Applicant identifiers 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
2. Immigration Status Status in Canada at the time of request – Foreign National on Temporary Resident status/ Permanent Resident/ Citizen/ Other (Refugee Claimant, Protected Person)
3. Application History Application numbers
Types of application filed
  • Nomination Certificate Number (TNC) for Provincial Nomination applications
  • TNC Expiry Date for Provincial Nominee applications
Date applications were received
Final decisions on applications filed
  • Approved/ Refused/ Withdrawn
For applications refused, ground(s) for refusal
4. Specific documentation prepared to support fraud determination. Information extracted from case notes related to application, as permitted by law
For applications refused, ground(s) for refusal
Copies of procedural fairness letters and refusal letters.
5. Organization or entity or representative associated with applications 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 number
Representative Status
List of applications associated to the representative with British Columbia as destination
Organization/entity associated to the representative
Primary and Secondary IRCC offices that processed the applications
Final decisions of associated applications
Tier 2 – follow-up request
Category Date Element
More detailed information from a given application Identifiers of spouse, common law partner, and dependents (as described in Tier 1 for Principal Applicant Identifiers).
Address and contact information phone numbers for Principal Applicant, associated organization/entity and representative
Information extracted from case notes related to application, as permitted by law.
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

Appendix F: Information provided by Canada to British Columbia

Issuance of Work Permits

The following information will be provided by Canada to British Columbia on a monthly basis for temporary resident applicants provided a Work Permit Support Letter by the province of British Columbia as described in paragraph 6.4. This would include nominees with employment offers and entrepreneurs intending to operate businesses.

Tier 2 – follow-up request
Category Date Element
1. Principal Applicant Identifiers Surname
Given Name
Gender
Date of Birth
Country of Residence
Passport Number
2. Principal Applicant Processing information Application Received Date
Final Decision Date
Application Primary Office
Application Secondary Office
Application Prospective to Open Date (i.e., the date when the application is deemed accepted for processing)

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