Canada-British Columbia Memorandum of Understanding on the Off-Campus Work Permit Program for International Students

Electronic Version

Original signed April 18, 2006


BETWEEN

THE GOVERNMENT OF CANADA,
represented by the Deputy Minister of Citizenship and Immigration Canada, hereinafter referred to as Citizenship and Immigration Canada,

AND

THE GOVERNMENT OF BRITISH COLUMBIA,
represented by the Deputy Attorney General, and the Deputy Minister of the Ministry of Advanced Education, hereinafter referred to as British Columbia.

Whereas the parties recognize that providing international students with limited access to the Canadian labour market will enhance the global competitiveness of Canada’s academic institutions per the Immigration and Refugee Protection Act and Regulations (R205 (c) (ii)), while giving international students opportunities to deepen their understanding and appreciation of Canadian society;

Whereas Citizenship and Immigration Canada wishes to implement an off-campus work permit program in compliance with the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations, on the basis of a nationally coherent model;

Whereas Annex I, International Students, of the Agreement For Canada-British Columbia Co-operation On Immigration establishes commitments for Canada and British Columbia to explore arrangements for issuance of work permits to allow certain international post-secondary students to work off-campus;

Whereas the parties acknowledge that they are committed to preserving the integrity of the off-campus work permit program for international students based on educational priorities;

Whereas British Columbia will coordinate the implementation of this program in cooperation with Citizenship and Immigration Canada and British Columbia’s eligible institutions; and,

Whereas the majority of British Columbia’s eligible institutions are willing to participate in an off-campus work permit program under the coordination of British Columbia.

The parties hereto state their intentions as follows:

1. Definitions

1.1 In this document, the terms below are defined as follows:

“Eligible institution” means any publicly-funded post-secondary educational institution that is located in British Columbia and listed in Annex 1 of this Memorandum of Understanding (MOU).

“International student” means a foreign national who is authorized to study in Canada.

MOU” means the Memorandum of Understanding on the Off-Campus Work Permit Program for International Students between the Government of Canada and the Government of British Columbia.

“Participating institution” means any Eligible institution that has entered into an Information Sharing Agreement on Implementing the Off-Campus Work Permit Program for International Students with British Columbia, as per the attached Annex 2 of this MOU.

“Participating student” means an International student to whom a Participating institution has issued a completed Verification Form.

“Personal Information”, for Citizenship and Immigration Canada, refers to this term as defined in the Privacy Act, and for British Columbia, to this term as defined in the Freedom of Information and Protection of Privacy Act.

“Program” means the Off-Campus Work Permit Program for International Students, as prescribed by this MOU.

1.2 Except where otherwise provided for in the MOU, words used in this MOU that are defined in the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations, are to have the same meaning as set out in the Act and Regulations.

2. Purpose and Objectives of the MOU

2.1 The purpose of this MOU is to document the terms and conditions of the Off-Campus Work Permit Program for International Students and of the exchange of certain Personal Information by the Parties, and to set out the Government of Canada’s and the Government of British Columbia’s respective responsibilities in this regard and in compliance with, for British Columbia, the Freedom of Information and Protection of Privacy Act and the Document Disposal Act, and for Canada, the Privacy Act, the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations.

2.2 The first objective of the Program is to enable International students meeting specific criteria to obtain a permit for off-campus work, without the requirement for a Human Resource and Skills Development Canada (“HRSDC”) labour market opinion.

2.3 The second objective of the Program is to provide Participating students with an opportunity to gain a deeper understanding and appreciation of Canadian society, while preserving the integrity of the international student program.

3. Responsibilities of the Parties

3.1 Citizenship and Immigration Canada hereby states its intention to be responsible for:

  1. setting general eligibility criteria for institutions and students wishing to participate in the Program;
  2. committing to consistent implementation of the Program throughout Canada;
  3. specifying the nature of the information required for implementing and monitoring the Program;
  4. providing advice and liaising with British Columbia to assist in implementation;
  5. issuing work permits to eligible International students, according to the criteria in the Guide for Designated Institutional Representatives on the Off-Campus Work Permit Program and the guidelines in CIC’s Foreign Worker Manual and in compliance with the Immigration and Refugee Protection Act and Regulations;
  6. informing Participating students of the applicable limits on their work permits;
  7. determining if a Participating student has failed to comply with the terms and conditions of their work permit, and deciding on appropriate action to be taken.

3.2 British Columbia hereby states its intention to be responsible for:

  1. entering into, with each Eligible institution wishing to participate in the Program, an Information Sharing Agreement outlining the terms and responsibilities involved in the Program, based on the model as set out in Annex 2;
  2. coordinating Program implementation in cooperation with Citizenship and Immigration Canada and the Participating institutions;
  3. committing to consistent implementation of the Program throughout British Columbia;
  4. facilitating the development, in cooperation with Citizenship and Immigration Canada and the Participating institutions, of compatible and coordinated systems and processes for fulfilling the reporting requirements of this MOU, which are detailed in sections 3 and 4 of Annex 2, the Information Sharing Agreement of this MOU;
  5. receiving and consolidating reports provided by all Participating institutions with respect to Participating students who have become ineligible, and providing reports with respect to this data (including ’nil’ reports) to Citizenship and Immigration Canada once every year by December 1;
  6. appointing a staff member of the Ministry of Advanced Education as program coordinator for British Columbia.

4. Advisory Committee

4.1 Where, based on the views of both parties as set out by officials with their respective designated offices, as identified in subsections 6.1 and 6.2, a suitable Advisory Committee responsible for overseeing Program operation and ongoing evaluation does not already exist, British Columbia undertakes to establish one. The frequency of meeting and the composition of the Advisory Committee will be at the discretion of British Columbia, but should include as a minimum, representatives of the Government of Canada, the Government of British Columbia, and of each type of Participating institution.

5. Eligibility Criteria and Applicable Limits

5.1 Eligible institutions and Participating institutions are defined in section 1.1. Any additions to the list of Eligible institutions in Annex 1 may only be made with the prior approval in writing of Citizenship and Immigration Canada and British Columbia.

5.2 Eligible students are those International students who attend Participating institutions and who:

  1. hold a valid study permit;
  2. are full-time students at the time of their application and have studied full-time for at least six months out of the previous twelve months, and in both instances, in a program that leads to a degree, diploma, or recognized certificate, other than English or French as a second language (ESL/FSL);
  3. since their application have been, and still continue to be, registered as full-time students in a program other than an English or French as a second language (ESL/FSL) program;
  4. have signed a consent form authorizing the exchange of Personal Information between the institution, the Government of British Columbia, and Citizenship and Immigration Canada;
  5. have satisfactory academic standing in their specific program of study at the time of their application for a work permit, and have maintained satisfactory academic standing during the six months of full-time study out of the previous twelve months and (for the purposes of the annual verification) since their application;
  6. continue to fulfill the terms and conditions of their study permit and work permit, as applicable; and,
  7. continue to meet the above eligibility requirements while participating in the Program.

5.3 International students who take part in an exchange program at a Participating institution and International students who are in receipt of an award from the Canadian Commonwealth Scholarship Program or the Government of Canada Awards Program funded by the Department of Foreign Affairs and International Trade or an award from the Canadian International Development Agency are not eligible to apply for a work permit under this Program.

5.4 International students who are registered in programs that consist either exclusively or primarily of English or French as a second language (ESL/FSL) instruction are not eligible to apply for a work permit under this Program.

5.5 Work permits issued under this Program are intended to have a validity not exceeding the duration of the study permit held by the Eligible student concerned, and will authorize students to work for a maximum of 20 hours per week during the academic year and full-time during scheduled breaks. Both ’academic year’ and ’scheduled breaks’ are as defined by the applicable Participating institution.

6. Designated Contact Offices

6.1 Each party will designate an office that will be responsible for ensuring the integrity of the MOU and serve as the main point of contact for any questions or concerns arising from the MOU.

6.2 The designated contact offices for the MOU are as follows:

  1. for Citizenship and Immigration Canada:
    Economic Immigration Policy and Programs Division
    Selection Branch
    Citizenship and Immigration Canada
    Jean Edmonds Tower North
    300 Slater Street, 7th Floor
    Ottawa, Ontario K1A 1L1
  2. for British Columbia :
    Ministry of Advanced Education
    PO Box 9882 Stn. Prov. Govt.
    Victoria, British Columbia V8W 9T6

7. Evaluation

7.1 Following the completion of the second year of the Program, British Columbia will conduct a formal evaluation in accordance with standards jointly developed by Citizenship and Immigration Canada and British Columbia.

7.2 Nothing in provision 7.1 is intended to limit either party’s ability to conduct other evaluations as they see fit.

8. Other

8.1 This MOU imposes no specific financial responsibilities on the parties. However, each party will be responsible for any costs it incurs through its participation in the MOU.

Collection and Use of Personal Information

8.2

  1. British Columbia will collect Personal Information from the Participating institutions with the written consent of each student who has been issued a completed Verification Form, in accordance with section 32 (b) of the Freedom of Information and Protection of Privacy Act. For the purpose of this MOU, Personal Information elements exchanged between the parties are the following:
  • Family name
  • Given name
  • Date of Birth
  • CIC Client
    ID Number
  • Student ID Number(optional)
  • Status
    Full-Time (F)
    Part-Time (P)
    Not registered (NR)
  • Academic Standing
    Satisfactory (S)
    Not satisfactory (NS)
  • Explanation of ineligibility (optional)
  • Moved to another institution
  1. As part of the Program’s annual reporting process described in section 3.2 (e) above, the information will be used by British Columbia to generate exception reports on the status of students who have been issued completed Verification Forms and have become ineligible for the Program. This information will be forwarded to Citizenship and Immigration Canada.

Collection and Disclosure of Personal Information

8.3

  1. Each party will make every reasonable effort to ensure the Personal Information in its custody is accurate, complete and up-to-date.
  2. All collection, use, disclosure, retention and destruction of Personal Information under this MOU will be as follows:
    1. for Canada , be in conformity with the requirements of the Privacy Act (R.S.C. 1985, c. P-21), all Regulations made under that Act, and other relevant laws or policies; and,
    2. for British Columbia, be in conformity with the requirements of the Freedom of Information and Protection of Privacy Act (R.S.B.C. 1996 c. 165), the Document Disposal Act, and applicable Government of British Columbia records management legislation standards, policy and procedures, all Regulations made under those Acts, and other relevant laws or policies.
  3. For this purpose, the parties undertake specifically to:
    1. collect only such Personal Information as is required to carry out the Program;
    2. limit disclosure of Personal Information to the information required to carry out the Program;
    3. take appropriate action to ensure that
      • only the designated representatives of Citizenship and Immigration Canada, British Columbia, and the Participating institutions and the authorized persons within those bodies can have access to the Personal Information collected or shared; and,
      • information to be shared is protected during communication or transmittal;
    4. make reasonable arrangements to maintain the security of the Personal Information in their custody, by protecting it against such risks as unauthorized access, collection, use, disclosure or disposal;
    5. inform the other party of any failure to protect the confidentiality of Personal Information on its part, on the part of its staff, or on the part of persons working on the Program;
    6. maintain, respect and protect fully the confidentiality of the information received under the MOU and not to release it to anyone other than the individual to whom it relates, unless such release is clearly authorized herein or specifically required or authorized by law;
    7. implement this MOU in conformity with their respective government’s policies relating to protection of Personal Information and security of electronic systems;
    8. in addition to section 8.3 (c) (v), advise the other party immediately of any circumstances, incidents or events which to its knowledge have jeopardized or may in future jeopardize:
      • the privacy of individuals; and,
      • the security of any computer system in its custody that is used to access the Personal Information.
    9. make every reasonable effort to ensure that Personal Information in their custody or under their control is stored only in Canada and accessed only in Canada; and,
    10. take all steps necessary to prevent Personal Information disclosed under this MOU from coming into the custody or under the control of, or being accessed by a foreign entity. This includes, but is not limited to, making every reasonable effort to ensure that all employees, contractors and/or subcontractors that have or may have access to the Personal Information are not foreign citizens, are not employees of foreign companies or subsidiaries of foreign companies, and thus, cannot be compelled by a foreign entity to access and/or disclose the Personal Information outside of Canada.
  4. Each party is responsible for its own employees’ actions and for the actions of any third parties it hires (consultants, contractors, etc.).

Monitoring of Personal Information

  1. Each party will record and monitor access to Personal Information in its custody, in order to establish a chain of responsibility with respect to the following:
    1. unauthorized access to or modification of the Personal Information in its custody;
    2. unauthorized use of the Personal Information in its custody;
    3. unauthorized disclosure of the Personal Information in its custody; and,
    4. breaches of privacy or security with respect to the Personal Information in its custody or with respect to any computer system in its custody that is used to access the Personal Information.
  2. In addition to sections 8.3 (c) (v) and 8.3 (c) (viii), each party will make every reasonable effort to report to the other the results of any such investigation and the steps taken to address any remaining issues or concerns about the security of the Personal Information or computer systems, or the privacy of individuals to whom the Personal Information relates.

9. Dispute Resolution

9.1 In case of any dispute or disagreement under this MOU or any annex, the Government of Canada and the Government of British Columbia, through their respective officials, shall undertake verbal or written dialogue to attempt to resolve the dispute or disagreement.

9.2 In the event that the respective officials from the Government of Canada and the Government of British Columbia are unable to resolve any dispute or disagreement within thirty (30) working days, the matter shall be referred to the Program Management Committee of the Agreement For Canada-British Columbia Co-operation On Immigration, including the Assistant Deputy Minister, Ministry of Advanced Education, British Columbia, and the Assistant Deputy Minister, Strategic and Program Policy, Citizenship and Immigration Canada, for resolution.

10. Term of MOU

10.1 This MOU will be in effect for a period of three years commencing on the date signed by the last of the parties to do so, 2006, subject to the confirmed approval of funding for this program and subject to sections 10.4 and 10.5.

10.2 This MOU may be amended by the written agreement of both parties.

10.3 The text of Annex 2 and of section 6.2 may be changed without requiring amendment to the MOU. All changes should be communicated to the other party in writing. British Columbia is to provide Citizenship and Immigration Canada with a copy of each Information Sharing Agreement it enters into with its Participating institutions.

10.4 At the end of the three-year period referred to in section 10.1, the MOU will be deemed to continue to be in effect for another three-year period, unless and until such time as it is superseded by the coming into effect of a renewed or amended MOU, or terminated subject to section 10.5.

10.5 Either party may terminate the MOU upon ninety (90) days written notice to the other party. British Columbia will forward such notice to Participating institutions without delay so that they are in a position to stop providing Verification Forms to students, pursuant to the arrangements described in Annex 2 to this MOU, as soon as written notification of intent to terminate is received.

10.6 Notwithstanding the termination of this MOU pursuant to sections 10.4 or 10.5, students participating in the Program will be able to continue working until the end of the validity period of their work permit, and British Columbia will continue to monitor and report on student compliance in respect of students whose work permits have not yet expired, until the validity period of their work permit ends.

10.7 Nothing in this MOU is to be considered as creating any manner of legally binding commitment on the part of the parties. This MOU represents a statement of general intention on the part of the parties and does not represent any manner of binding contractual or other legal MOU on the part of either of the parties to the other whatsoever.

10.8 The English version of this MOU is authoritative. A French version of this MOU is also available.

10.9 At the end of the MOU, both parties, their employees and agents must not and will not use or disclose any Personal Information obtained, collected or compiled as a result of the MOU for any purpose, except if required or authorized by law. This clause shall survive termination of this MOU.

11. Appendices

Any appendices or annexes to this MOU are part of the MOU. If there is a conflict between a provision in an appendix or annex and any provision of this MOU, the provision in the appendix or annex is inoperative to the extent of the conflict unless it states that it operates despite a conflicting provision of this MOU.

12. Ratification

Signed this day of , 2006 in triplicate, in Ottawa, Ontario, Canada by the official representative for Canada as a party to this Memorandum of Understanding:

FOR CANADA

Deputy Minister of Citizenship and Immigration Canada
or designate

Signed this day of , 2006 in triplicate, in Victoria, British Columbia, Canada by the official representatives for British Columbia as a party to this Memorandum of Understanding:

FOR BRITISH COLUMBIA

Deputy Attorney General or designate

Deputy Minister of the Ministry of Advanced Education
or designate


Annex 1
List of Eligible Institutions

1. British Columbia Institute of Technology

2. Camosun College

3. Capilano College

4. College of New Caledonia

5. College of the Rockies

6. Douglas College

7. Emily Carr Institute of Art and Design

8. Institute of Indigenous Government

9. Justice Institute of British Columbia

10. Kwantlen University College

11. Langara College

12. Malaspina University-College

13. Nicola Valley Institute of Technology

14. North Island College

15. Northern Lights College

16. Northwest Community College

17. Okanagan College

18. Royal Roads University

19. Selkirk College

20. Simon Fraser University

21. Thompson Rivers University

22. University of British Columbia

23. University College of the Fraser Valley

24. University of Northern British Columbia

25. University of Victoria

26. Vancouver Community College


Annex 2
Sample Memorandum of Agreement on Implementing the Off-Campus Work Permit Program for International Students

BETWEEN

THE MINISTRY OF ADVANCED EDUCATION
On behalf of the Government of British Columbia, Represented by the Deputy Minister of the Ministry of Advanced Education,

hereinafter referred to as British Columbia,

and

The [Name of Institution], a legal person, duly constituted according to law, having its head office in [City] represented by [Title of Official], duly authorized for the purposes hereof,

hereinafter referred to as the Institution.

Whereas a Memorandum of Understanding on the Off-Campus Work Permit Program for International Students has been entered into between the Government of Canada and the Government of British Columbia, and which provides for an information sharing agreement between British Columbia and each Eligible institution that wishes to participate in the Off-Campus Work Permit Program for International Students,

The parties agree as follows:

1. Definitions

1.1 In this document, “Information Sharing Agreement” (ISA) refers to the Information Sharing Agreement on Implementing the Off-Campus Work Permit Program for International Students.

1.2 The other terms used convey the meaning attributed to them in the Memorandum of Understanding on the Off-Campus Work Permit Program for International Students between the Government of Canada and the Government of British Columbia.

2. Purpose and objectives

2.1 The purpose of this ISA is to document the terms and conditions of the exchange of certain Personal Information by the parties, in compliance with the Freedom of Information and Protection of Privacy Act and the Document Disposal Act, and to define the parties’ responsibilities and their operational partnership with respect to the Off-Campus Work Permit Program for International Students.

2.2 The objectives of the Off-Campus Work Permit Program are as follows:

  1. to enable International students attending the Institution to work off campus without the requirement for a Human Resource and Skills Development Canada (“HRSDC”) labour market opinion provided they meet the conditions set out in the Memorandum of Understanding on the Off-Campus Work Permit Program for International Students Between the Government of Canada and the Government of British Columbia;
  2. to allow International students to deepen their understanding and appreciation of Canadian society through accessing the Canadian labour market; and
  3. to ensure that Participating International students fulfill the conditions of the Off-Campus Work Permit Program in such a way that their studies remain their main activity.

3. British Columbia responsibilities

3.1 British Columbia gives the Ministry of Advanced Education responsibility for coordinating the program on off-campus work throughout British Columbia.

3.2 In order to ensure consistent application of the Program, British Columbia, in partnership with Citizenship and Immigration Canada, provides the Institution with guides and forms to be used for the following purposes:

  • informing the Institution of its roles and responsibilities in administering this Program; and,
  • submitting a report once every year, by November 1, on students who have received completed Verification Forms from the Institution and who have become ineligible for the Program.

3.3 British Columbia informs Citizenship and Immigration Canada of students who have received completed Verification Forms and who have become ineligible for the Program by compiling a report based on the information provided by all Participating institutions. If no Participating students in the province have become ineligible, British Columbia must notify Citizenship and Immigration Canada by submitting a ’nil’ report.

4. Institution responsibilities

Each party will record and monitor access to the Personal Information in its custody, in order to establish a chain of responsibility, as follows:

4.1 The Institution requests that those students asking the Institution to complete a Verification Form sign a declaration stating that:

  • they understand and accept the eligibility conditions of their participation in the Program;
  • they authorize the Institution to share their Personal Information with British Columbia and Citizenship and Immigration Canada for purposes of ensuring that they meet the Program eligibility requirements; and
  • they authorize that their Personal Information be shared with British Columbia and Citizenship and Immigration Canada for use in reporting on their continuing eligibility for the Program.

4.2 At the request of an International student, the Institution verifies that the student meets the eligibility conditions for the Program. If so, the Institution may complete the Verification Form, as described in the Guide for Designated Institutional Representatives on the Off-Campus Work Permit Program, and then return it to the student.

4.3 Once every year, by October 30, the Institution verifies that all students for whom it has completed Verification Forms are registered in full-time studies and have achieved satisfactory academic results during the regular school year since the last annual report or since the Verification Form was issued, whichever is the most recent. The Institution is responsible for determining what constitutes satisfactory academic results, depending on the program of study.

The Institution must then report, by November 1, to British Columbia any student who has received a completed Verification Form from the Institution and who has become ineligible for the Program since the Verification Form was issued or since the Institution last made a report to British Columbia, whichever is the most recent.

A Participating student should be reported as having become ineligible for the Program if the student was issued a Verification Form, but is no longer registered in full-time studies at the Institution, or has not maintained satisfactory academic results.

If no Participating students at the Institution have become ineligible, the Institution must notify British Columbia by submitting a ’nil’ report.

4.4 For the purpose of the report described in section 4.3, the Institution must include any Participating student who was issued a Verification Form by another Participating institution and who has since transferred to the Institution, provided the former Institution has informed the latter of the transfer through a Transfer of Verification Form.

4.5 At the request of a Participating student who has received a completed Verification Form from the Institution and who is transferring to another Participating Institution, the Institution will complete a Transfer of Verification Form and forward that form directly to the student’s destination Institution.

4.6 The Institution is required to continue to fulfill its reporting requirements for Participating students as outlined in sections 4.3, 4.4 and 4.5, even in the event that the ISA is terminated by either of the parties.

5. Designated representatives

5.1 Each party designates a representative to respond to and follow up on all questions concerning this ISA.

  1. For British Columbia, the designated representative is:
    Ministry of Advanced Education
    PO Box 9882 Stn. Prov. Govt.
    Victoria, British Columbia V8W 9T6
    Tel: (250) 387-5839
  2. For the Institution, the designated representative is:
    [Address including telephone]

5.2 British Columbia and the Institution shall update each other in a timely manner of any change of representative.

5.3 The designated representative for the Institution may be asked to represent the Participating Institutions on an Advisory Committee as per section 4 of the Memorandum of Understanding on the Off-Campus Work Permit Program for International Students between the Government of Canada and the Government of British Columbia.

6. Collection and Use of Personal Information

6.1 British Columbia will collect the Personal Information from the Participating Institutions with the written consent of each Participating student who has been issued a completed Verification Form, in accordance with section 32 (b) of the Freedom of Information and Protection of Privacy Act. For the purpose of this ISA, Personal Information elements exchanged between the parties are the following:

  • Family name
  • Given name
  • Date of Birth
  • CIC Client
    ID Number
  • Student ID Number
  • (optional)
  • Status
    Full-Time (F)
    Part-Time (P)
    Not registered (NR)
  • Academic Standing
    Satisfactory (S)
    Not satisfactory (NS)
  • Explanation of ineligibility (optional)
  • Moved to another institution

6.2 As part of the Program’s annual verification process described in section 4.3 above, the information will be used by British Columbia to generate exception reports on the status of students who have been issued completed Verification Forms from a Participating Institution and have become ineligible for the Program. This information will be forwarded to Citizenship and Immigration Canada.

7. Collection and Disclosure of Personal Information

7.1

  1. All collection, use, disclosure, retention and destruction of Personal Information under this ISA will be in conformity with the requirements of the Freedom of Information and Protection of Privacy Act (R.S.B.C. 1996 c. 165), the Document Disposal Act, and applicable Government of British Columbia records management legislation standards, policy and procedures, and all Regulations made under those Acts.
  2. For this purpose, the parties undertake specifically to:
    1. collect only such Personal Information as is required to carry out the Program;
    2. limit disclosure of Personal Information to the information required to carry out the Program;
    3. take appropriate action to ensure that
      • only persons so authorized by the parties, or by Citizenship and Immigration Canada with respect to the responsibilities of Citizenship and Immigration Canada in accordance with the Memorandum of Understanding on the Off-Campus Work Permit Program for International Students between the Government of Canada and the Government of British Columbia, may have access to the Personal Information collected or shared pursuant to this ISA; and,
      • shared information is protected during transmission;
    4. take reasonable security measures to ensure the physical integrity of locations where collected and shared Personal Information is stored and that the confidential nature of that information is thereby guaranteed during use, retention and disposal; and,
    5. inform the other party of any failure to protect the confidentiality of Personal Information on its part, on the part of its employees, or on the part of persons working on the Program.

8. Accuracy

Each party will make every reasonable effort to ensure the Personal Information in its custody is accurate, complete and up-to-date.

9. Security of Personal Information

9.1 The parties undertake specifically to:

  1. make reasonable arrangements to maintain the security of the Personal Information in their custody, by protecting it against such risks as unauthorized access, collection, use, disclosure or disposal;
  2. implement this ISA in conformity with the Provincial Government’s relevant information technology security policy;
  3. advise the other party immediately of any circumstances, incidents or events which to its knowledge have jeopardized or may in future jeopardize:
    • the privacy of individuals; and,
    • the security of any computer system in its custody that is used to access the Personal Information;
  4. make every reasonable effort to ensure that the Personal Information in their custody or under their control is stored only in Canada and accessed only in Canada; and,
  5. take all steps necessary to prevent Personal Information disclosed under this ISA from coming into the custody or under the control of, or being accessed by a foreign entity. This includes, but is not limited to, making every reasonable effort to ensure that all employees, contractors and/or subcontractors that have or may have access to the Personal Information are not foreign citizens, are not employees of foreign companies or subsidiaries of foreign companies, and thus, cannot be compelled by a foreign entity to access and/or disclose the Personal Information outside of Canada.

10. Monitoring of Personal Information

10.1 Each party will record and monitor access to Personal Information in its custody, in order to establish a chain of responsibility with respect to the following:

  1. unauthorized access to or modification of the Personal Information in its custody;
  2. unauthorized use of the Personal Information in its custody; and,
  3. unauthorized disclosure of the Personal Information in its custody;
  4. breaches of privacy or security with respect to the Personal Information in its custody or with respect to any computer system in its custody that is used to access the Personal Information.

10.2 Each party will make every reasonable effort to report to the other the results of any such investigation and the steps taken to address any remaining issues or concerns about the security of the Personal Information or computer systems, or the privacy of individuals to whom the Personal Information relates.

11. Termination for Non-Compliance with ISA

11.1 This ISA may be terminated at any time by either party if the other party fails to meet its obligations under this ISA.

12. Other

12.1 This ISA imposes no specific financial responsibilities on the parties. However, each party will be responsible for any costs it incurs through its participation in the ISA.

13. Term of ISA

13.1 This ISA will be in effect commencing on the date signed by the last of the parties to do so, 2006, and remains in effect, subject to section 13.3, unless sooner terminated in accordance with section 11.1 and for as long as the Memorandum of Understanding on the Off-Campus Work Permit Program for International Students between the Government of Canada and the Government of British Columbia is in effect.

13.2 In the event of amendment to the Memorandum of Understanding on the Off-Campus Work Permit Program for International Students between the Government of Canada and the Government of British Columbia, this ISA shall also be amended as required.

13.3 Notwithstanding the foregoing, a party may terminate this ISA at any time by written notice to the other party, as early as possible and not less than thirty (30) days prior to termination, stating the effective date of that termination.

13.4 Notwithstanding the termination of the Program at the Institution, Participating students will be able to continue working until the end of the validity period of their work permit, and the Institution will be required to continue to monitor and report on student compliance in respect of Participating students whose work permits have not yet expired, until the validity period of their work permit ends.

13.5 In the event of termination of Memorandum of Understanding on the Off-Campus Work Permit Program for International Students between the Government of Canada and the Government of British Columbia, the Institution must stop issuing students the Verification Form as soon as notice of this termination is received from British Columbia.

14. Ratification

Signed this day of , 2006 in duplicate, in Victoria, British Columbia, Canada by the official representative for British Columbia as a party to this Information Sharing Agreement:

FOR BRITISH COLUMBIA
Deputy Minister of the Ministry of Advanced Education or designate

Signed this day of , 2006 in duplicate, in [City], British Columbia, Canada by the official representative for [Institution] as a party to this Information Sharing Agreement:

FOR [INSTITUTION]
President or designate

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