Canada-Manitoba Immigration Agreement June 2003

Annex B
Provincial Nominees

1.0 Preamble

1.1 This Agreement is an Annex to the Canada-Manitoba Immigration Agreement and is entered into pursuant to subsection 4.4 of that Agreement.

1.2 Both parties intend to enter into an agreement pursuant to section 87 of the IRPR governing the appointment of Provincial Nominees.

1.3 Both parties recognize that Manitoba is best positioned to determine the specific economic needs of the Province vis-à-vis immigration.

1.4 Both parties recognize that importance of encouraging the development of minority official language communities in Manitoba.

2.0 Definitions

2.1 For the purposes of this Annex:

  1. except where otherwise provided in this Annex, words used in the Annex which are defined in the IRPA or the IRPR have the same meaning as in that Act or those Regulations; and
  2. a reference to the IRPA or its Regulations is a reference to that Act or those Regulations as amended from time to time.

3.0 Purpose and Objectives

3.1 The objective of this Annex is to define the roles and responsibilities of Canada and Manitoba in relation to the operation of Manitoba’s Provincial Nominee Program as provided for by the Provincial Nominee Class in the IRPR.

3.2 To provide Manitoba with a mechanism to increase the economic and social benefits of immigration to the province based on Manitoba’s economic priorities and encourage balanced growth through regional development as well as the development of minority official language communities in the province.

3.3 To recognize that the Provincial Nominee Class, as identified by section 87(1) of the IRPR, is a jointly administered immigration class, where Manitoba has an active role in the processing, which may include promotion and nomination, and to acknowledge that both parties have an interest in the process.

3.4 To admit Manitoba Provincial Nominees for permanent residence as expeditiously as possible, taking into account:

  1. Manitoba’s annual immigration levels plan including its provincial nominee plan;
  2. Canada’s immigration projections; and
  3. statutory requirements.

4.0 Promotion and Recruitment

4.1 Manitoba and Canada agree to cooperate in the promotion and recruitment of Provincial Nominees.

4.2 Manitoba will undertake targeted active recruitment initiatives designed to implement its Nomination Plan including:

  1. participation at trade fairs and other targeted missions;
  2. development of promotional materials describing the nature and quality of life in Manitoba;
  3. provision of information on a Manitoba-maintained website to prospective immigrants who intend to reside and work in Manitoba;
  4. preparation of information for staff working in Canadian missions abroad;
  5. consultation with representatives of minority official language communities in Manitoba;
  6. consultation with regional and community representatives; and
  7. targeted promotion to temporary residents present in Manitoba (international students, temporary workers and visitors).

4.3 Canada agrees to make all practical efforts to assist Manitoba to identify prospective immigrants to fulfill Manitoba’s targets in its immigration strategy (subject to Mission-specific limitations) including:

  1. directing potential applicants in permanent and temporary streams through Canada’s immigration-related websites to visit the Manitoba website;
  2. distributing promotional materials provided by Manitoba when displaying promotional materials at selected missions abroad;
  3. participating in provincially initiated missions to attract immigrants within the limits of mission resources;
  4. inviting Manitoba to participate in appropriate training or information sharing exercises with program managers and other mission staff to communicate the province’s specific needs and opportunities;
  5. inviting Manitoba to participate in national initiatives which provide opportunities to identify and recruit immigrants; and
  6. sharing of advance overseas labour market and demographic information and expertise.

4.4 Canada recognizes that Manitoba may undertake its own promotion and recruitment activities consistent with the intent of the Canada-Manitoba Immigration Agreement and this Annex.

4.5 Manitoba may enter into partnership with other parties for the purposes of promotion and recruitment and in so doing will:

  1. require third parties to respect the terms and conditions of this Annex; and
  2. advise Canada of such partnerships.

5.0 Assessment and Nomination

5.1 Manitoba has the sole and non-transferable responsibility to assess and nominate candidates who, in Manitoba’s determination:

  1. will be of benefit to the economic development of Manitoba; and
  2. have a strong likelihood of becoming economically established in Manitoba.

5.2 Provincial Nominee applicants may be nominated on the basis of economic benefit to Manitoba, including long-term regional growth and community development.

5.3 In exercising its nomination authority under this Annex, Manitoba will follow the procedures and criteria for nomination established by Manitoba, as amended from time to time. Manitoba will share its criteria with Canada and keep written records of its assessments of its nominees against those criteria.

5.4 Manitoba will develop an annual provincial nominee plan in the context of its annual immigration levels plan, based on the principle that immigration to Manitoba should be at least proportional to its percentage of Canada’s total population as determined by Statistics Canada on July 1st of the previous year.

5.5 Manitoba’s annual immigration levels plan including its provincial nominee plan will be submitted to Canada in a timely manner to allow for levels planning for the following year. Canada undertakes to incorporate Manitoba’s Provincial Nominee objectives into the operational targets set for visa offices. The targets, which will be agreed to by both parties, may be exceeded at any time during the year, upon agreement by both parties.

5.6 Manitoba will issue a dated nomination certificate, valid in accordance with Manitoba’s administrative requirements for each provincial nominee. For security reasons, Manitoba will forward by electronic means a copy of the certificate to the mission where the candidate will apply for admission. A nomination certificate received directly from the candidate or other parties will not be accepted as evidence pursuant to section 5.7 and 5.8. Nominees must file an application for immigration within the time limit specified on the nomination certificate.

5.7 Canada agrees to process applicants nominated for Permanent Resident status by Manitoba as expeditiously as possible with a view to achieving targets that have been integrated into Canada’s annual delivery plan.

5.8 Upon receipt of the Certificate of Nomination from Manitoba, Canada will:

  1. exercise the final selection;
  2. determine the admissibility of the nominee and his or her dependants with respect to legislative requirements including health, criminality and security; and
  3. issue immigrant visas to provincial nominees and accompanying dependants who meet all the admissibility requirements of the Immigration and Refugee Protection Act and Regulations and of this Annex.

5.9 Canada will consider a nomination certificate issued by Manitoba as a determination that admission is of benefit to the economic development of Manitoba and that Manitoba has conducted due diligence to ensure that the applicant has the ability and is likely to become economically established in Manitoba.

5.10 Processing of applications and issuance of visas may continue beyond the calendar year in which the nomination certificate was issued.

5.11 Should Canada determine that an individual nominated by Manitoba is likely to be refused an immigrant visa, Manitoba will be notified immediately and consulted regarding the reasons for possible refusal.

5.12 Where Canada determines that it will refuse without Manitoba concurrence, Canada will advise Manitoba before final decision.

5.13 Manitoba may raise concerns or seek clarification from the assessing officer at the relevant mission with respect to a potential refusal, within 90 days from the date of being advised by Canada. Further representation, if necessary, may be made to the program manager at the mission within the 90-day period.

5.14 Where an individual nominated by Manitoba has received a job offer from a Manitoba-based employer, the responsible Canadian Visa Officer may issue a temporary work permit pursuant to the IRPR, if Manitoba:

  1. states that the nominated individual is urgently required by the employer; and
  2. determines that:
    1. the job offer is genuine and would create economic, social or cultural benefits or opportunities;
    2. the employment is not part-time or seasonal; and
    3. the wages and working conditions of the employment would be sufficient to attract and retain Canadian citizens, and requests the Visa Officer to issue a temporary work permit.

6.0 Temporary Admission to Facilitate Promotion and Recruitment

6.1 Canada and Manitoba may develop partnerships or projects that may include information sharing, facilitating exploratory visits, promotion and recruitment and support for regionalization.

6.2 Canada recognizes the legitimate requirement for exploratory visits by potential immigrants to Manitoba when issuing temporary resident visas, taking into account that all of Canada’s statutory obligations must be met.

7.0 Program Evaluation and Information Exchange

7.1 Subject to applicable legislation and policies governing the disclosure of personal information, Canada and Manitoba agree to share information on prospective and actual immigrant landings to aid in the evaluation and management of Manitoba’s provincial nominee program. This will include tracking of provincial nominees to Manitoba for a minimum of three years from their date of entry, as a basis for assessing the retention of Provincial Nominees.

7.2 Manitoba will maintain records with respect to the assessment of each candidate nominated under this Annex. Canada will be provided with access to these records for audit and evaluation purposes.

7.3 Manitoba will follow its normal audit practices to ensure probity. Manitoba will make results of audits it undertakes available to Canada upon request.

7.4 All agreements between the parties will provide for the exchange or sharing of information in accordance with:

  1. the Privacy Act and supporting guidelines on Privacy and Data Protection and the Government of Canada Security Policy and supporting operating directives and guidelines covering the administrative, technical and physical safeguarding of any Personal Information (the said supporting guidelines, policies and directives hereinafter referred to as the “Supporting Guidelines”); provided that Manitoba is provided with prior written notice of the Supporting Guidelines and any changes made from time to time to those Supporting Guidelines; or
  2. The Freedom of Information and Protection of Privacy Act of the Province of Manitoba and related directives and guidelines governing the administrative, technical and physical safeguarding of the Personal Information;

    whichever shall apply.

7.5 In order to facilitate the exchange of information on shared clients between Canada and Manitoba, Manitoba will obtain from each applicant and his or her dependants a signed release allowing Canada to share with Manitoba information regarding the nominee’s application, including the processing thereof.

7.6 Canada and Manitoba agree that the use of electronic means, with adequate arrangements for security, is appropriate for direct communication between their respective offices. Such means will be designated by both parties, in accordance with their respective policies, instructions and agreements governing security and electronic communication of personal information.

7.7 Canada in consultation with Manitoba will investigate and develop means of providing Manitoba with adequate access to current and future case processing systems in support of the administration of the Provincial Nominees Program.

7.8 Canada will provide monthly reports on the processing and landing of Provincial Nominees destined to Manitoba as well as any other type of report provided to other provinces pursuant to their Provincial Nominee Agreements.

8.0 General

8.1 Canada and Manitoba agree that the Joint Working Group established under section 7.3 of the General Provisions will serve as a forum between Canada and Manitoba for discussing and resolving issues related to Provincial Nominees. These issues will include:

  1. ensuring that the necessary communication for the furtherance of activities under this Annex takes place; and
  2. exchanging information regarding likely processing times for provincial nominees, and ways that Canada and Manitoba can cooperate to optimize these processing times.

8.2 This Annex will take effect when the General Provisions of the Canada-Manitoba Immigration Agreement are signed by both parties.

8.3 Subject to sections 8.4 and 8.5 this Annex will remain in effect indefinitely and survives the expiration or termination of the General Provisions of the Canada-Manitoba Immigration Agreement.

8.4 This Annex may be amended by written agreement by the parties.

8.5 This Annex may be terminated by either party at any time by providing 12 months notice in writing to the other.

8.6 In the event that either party wishes to terminate this Annex by providing the required notice in writing, both parties shall take reasonable steps to reduce the costs attributable to the termination and agree that they will work together to ensure that services to clients will not be unduly affected or interrupted by the termination.

8.7 Canada and Manitoba will from time to time, and not less than every five years, review this Annex and negotiate desired amendments pursuant to section 8.4, taking into consideration the different needs and changing circumstances of both parties, as determined by the Joint Coordinating Committee.

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