Canada-New Brunswick Immigration Agreement - General Provisions (2023)
1.1 This Canada-New Brunswick Immigration Agreement (hereinafter referred to as the “Agreement”) is between His Majesty The King in right of Canada (hereinafter referred to as “Canada”), as represented by the Minister of Citizenship and Immigration and His Majesty The King in right of the province of New Brunswick (hereinafter referred to as “New Brunswick”), as represented by the Minister Responsible for Immigration.
1.2 Whereas section 95 of the Constitution Act, 1867 (30 & 31 Victoria, c. 3 (U.K.)) recognizes the concurrent powers of legislation of the federal and provincial governments in immigration matters.
1.3 And whereas the Parliament of Canada has enacted the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (hereinafter referred to as the “IRPA”).
1.4 And whereas the Parliament of Canada has enacted the Citizenship Act, R.S.C., 1985, c. C-29.
1.5 And whereas the Canadian Charter of Rights and Freedoms, enacted as Schedule B to the Canada Act 1982, (U.K.) 1982, c. 11, establishes:
- certain mobility rights to citizens and every person who has the status of a permanent resident of Canada and guarantees equal protection and equal benefit of the law to everyone without discrimination; and
- the equality of status of English and French as the official languages of Canada, and equal rights and privileges as to their use in all institutions of the Parliament and Government of Canada.
1.6 And whereas the Parliament of Canada has enacted the Canadian Multiculturalism Act, R.S.C., 1985, c. 24 (4th Supp.).
1.7 And whereas subsection 8(1) of the IRPA and subsection 5(1) of the Department of Citizenship and Immigration Act, S.C. 1994, c. 31, (hereinafter referred to as the “DCIA”) authorize the Minister of Citizenship and Immigration (also referred to as the Minister of Immigration, Refugees and Citizenship), with the approval of the Governor in Council, to enter into agreements with provinces for the purposes of the IRPA, and for the purposes of facilitating the formulation, coordination and implementation --including the collection, use and disclosure of information - of policies and programs for which the Minister is responsible.
1.8 And whereas the Minister Responsible for Immigration has been duly authorized to enter into this Agreement with the Government of Canada.
1.9 And whereas New Brunswick recognizes the objectives of the IRPA to, among other things:
- support the development of a strong and prosperous Canadian economy in which the benefits of immigration are shared across all regions of Canada;
- promote the successful integration of Permanent Residents into Canada, while recognizing that integration involves mutual obligations for new Immigrants and Canadian society;
- enrich and strengthen the cultural and social fabric of Canadian society, while respecting the federal, bilingual and multicultural character of Canada; and
- support and assist the development of minority official languages communities in Canada.
1.10 And whereas New Brunswick acknowledges the policy of the Government of Canada reflected in part VII of the Official Languages Act to:
- enhance the vitality of the English and French linguistic minority communities in Canada and support and assist their development; and
- foster the full recognition and use of both English and French in Canadian society.
1.11 And whereas Canada recognizes the role of New Brunswick in administering the Provincial Nominee Program in the province, including the obligation to carry out inspections and protect the integrity of the program.
1.12 And whereas Canada recognizes the goal of New Brunswick to protect vulnerable Temporary Residents from exploitation.
1.13 And whereas Canada recognizes the goals of New Brunswick to address the demographic needs of the province by increasing immigration and advancing the integration and full participation of Immigrants in New Brunswick.
1.14 And whereas Canada and New Brunswick recognize that the Federal-Provincial/Territorial Strategic Plan for Immigration sets the strategic direction for what Federal, Provincial and Territorial governments seek to collectively achieve through immigration.
1.15 And whereas Canada and New Brunswick share a mutual interest in:
- maximizing the contribution of immigration to the achievement of the social, cultural, demographic, linguistic and economic goals of both Canada and New Brunswick;
- minimizing costs, increasing program effectiveness and reducing unnecessary overlap and duplication;
- ensuring residents of New Brunswick are aware of the benefits of immigration;
- working together to build a culturally diverse, integrated, inclusive, socially cohesive society and to ensure that communities throughout New Brunswick can benefit from immigration;
- planning and coordinating their immigration activities, based on cooperation, consultation and information sharing;
- immigrants having the earliest opportunity to fully utilize their skills within the labour market;
- attracting international students to Canada and New Brunswick and recognizing them as prospective Immigrants;
- attracting French-Speaking Immigrants to Canada and New Brunswick and recognizing their contribution to economic and linguistic needs of the province and the country;
- aligning programs and policies whereby Immigrants and temporary foreign workers contribute to the development of the provincial labour force, recognizing that New Brunswick is best positioned to determine the economic and labour market needs of the province;
- working with all partners, including the not-for-profit sector, to enable immigrants to settle and integrate in New Brunswick; and
- recognizing the value of refugee labour mobility and the economic contributions of refugees to address labour market needs in Canada and New Brunswick.
Therefore, Canada and New Brunswick agree to the following:
2.1 Definitions from the IRPA and the Immigration and Refugee Protection Regulations
For the purposes of this Agreement:
- except where otherwise provided in this Agreement, words used in this Agreement or in accompanying Annexes which are defined in the IRPA or in the Immigration and Refugee Protection Regulations (IRPR) have the same meaning as in the IRPA or the IRPR;
- a reference to the IRPA or the IRPR is a reference to that Act or those Regulations, as amended from time to time; and
- where a definition given in this Agreement is inconsistent with a definition given in the IRPA or the IRPR, the definition in the IRPA or the IRPR shall prevail.
2.2 Definitions in this Agreement
For the purposes of this Agreement:
- “Agreement” means these General Provisions and all Annexes attached hereto as may be amended from time to time;
- “Agreement Management Committee” (AMC) means the forum to oversee the implementation of this Agreement, including discussion and exchange of information, managing collaborative programs, and making decisions or recommendations, as appropriate on matters pertaining to this Agreement. The AMC is the forum for raising new immigration issues not addressed in the Agreement;
- “Convention Refugee” is a person defined under section 96 of the IRPA;
- “Designated Representatives” are the primary contacts for both Canada and New Brunswick who are responsible for the interpretation, inquiries, dispute management and resolution, and requests for amendments to this Agreement;
- “Dispute” means a conflict or disagreement between the Parties respecting:
- the interpretation, application, or implementation of this Agreement, or the IRPA or IRPR as they relate to this Agreement; or
- a breach or anticipated breach of this Agreement;
- “Focal Points” mean the primary contacts for the Parties responsible for monitoring the implementation of the Annexes under this Agreement; this includes the interpretation, inquiries, and requests for amendments of the Annexes, addressing any issues that arise, and compliance with the provisions of the Annexes;
- “Francophone Minority Communities” mean French-speaking communities in Canada outside Quebec, which include communities in New Brunswick where French-speakers represent the demographic minority or majority of those communities;
- “French-Speaking Immigrant” means an Immigrant for whom French is the first Canadian official language of usage, which means:
- Permanent Residents who declare knowledge of “French only” as their Canadian official language of usage; or
- Permanent Residents who declare knowledge of “French and English” as their Canadian official languages of usage, as well as French as the language in which they are most at ease;
- “Immigrant” means Permanent Residents, including Convention Refugees abroad and humanitarian-protected persons abroad resettled to Canada, and protected persons in Canada;
- “Local Government” means the council of a municipality or the board of a regional district;
- “Party” means Canada or New Brunswick and “Parties” means Canada and New Brunswick;
- “Persons in Urgent Need of Protection” means, in respect of members of the Convention Refugee abroad or the country of asylum class, that their life, liberty or physical safety is under immediate threat and, if not protected, the persons are likely to be: killed; subjected to violence, torture, sexual assault or arbitrary imprisonment; or returned to their country of nationality; or their former habitual residence;
- “Processing Pause” means that Provincial Nominee certificates and/or applications related to those certificates under Dispute shall no longer be accepted by the Department of Citizenship and Immigration and returned; and that processing shall cease on those Provincial Nominee applications under Dispute until the Dispute is resolved;
- “Provincial Nominee” means a person who is a member of the Provincial Nominee class pursuant to subsection 87(2) of the IRPR;
- “Provincial Nominee Program” means a program for provincial nominations as per agreements entered into pursuant to subsection 8(1) of the IRPA and subsection 5(1) of the DCIA;
- “Refugee” means a protected person under the IRPA;
- “Resettlement Assistance” means services to support the immediate and essential needs of Specified Humanitarian Persons Resettled from Abroad;
- “Special Needs Persons” means persons who have a greater need for settlement and integration services than other Refugees owing to personal circumstances, including: family size and composition; trauma resulting from violence or torture; medical conditions; or the effects of systemic discrimination;
- “Specified Humanitarian Persons Resettled from Abroad” means persons selected by Canada abroad and identified as requiring government assistance, persons who are admitted to Canada through blended initiatives such as the Joint Assistance Program, or other initiatives where Canada and private sector or non-governmental sponsoring groups share in the provision of income support and immediate essential services;
- “Temporary Resident” means a temporary foreign worker, an international student, or a visitor; and
- “Vulnerable Persons” means, in respect of Convention Refugees or persons in similar circumstances, persons who have a greater need of protection than other applicants for protection abroad because of their particular circumstances that give rise to a heightened risk to their physical safety.
3.0 Purpose and Objectives
3.1.1 The purpose of this Agreement is to further strengthen the long-term partnership between the Parties with respect to immigration. It defines the respective roles and responsibilities of the Parties relating to Immigrants and Temporary Residents under the IRPA.
3.2.1 The objectives of this Agreement are, while respecting the jurisdiction of each Party, to:
- foster collaboration between the Parties with respect to policy, including selection policy, and program development related to attracting and welcoming Immigrants and Temporary Residents to New Brunswick;
- maintain and enhance a positive relationship between Canada and New Brunswick related to the appropriate level and composition of Immigrants to the Province, including for the promotion, recruitment, selection and admission of Immigrants and Temporary Residents, and the settlement and integration of Immigrants to New Brunswick;
- respond to New Brunswick’s current and emerging social, demographic, economic development and labour market priorities through bilateral discussions on immigration policies and programs, recognizing the role of immigration in supporting the economic development of communities in New Brunswick, including Francophone Minority Communities, and to ensure smaller communities throughout New Brunswick can benefit from immigration;
- enable innovation when collaboratively developing and implementing initiatives addressing future strategic interests of New Brunswick and Canada’s modernization initiatives;
- support and identify opportunities for increasing the number of French-Speaking Immigrants coming to New Brunswick in order to achieve the Parties’ respective targets and to continue to encourage the growth of provincial Francophone Minority Communities, especially through activities of promotion, attraction, and retention of those French-Speaking Immigrants;
- support the successful settlement and economic and social integration of Immigrants in New Brunswick through programs supported by appropriate, fair, equitable, predictable and ongoing provincial and federal funding;
- support Canada’s humanitarian objectives through collaboration on issues impacting Specified Humanitarian Groups Resettled from Abroad in New Brunswick;
- facilitate collaboration in the development and implementation of strategies to address barriers to foreign qualification recognition and integration of Immigrants into the labour market;
- ensure the effectiveness and integrity of the Immigration and Temporary Resident programs of Canada and New Brunswick through enhanced cooperation in information sharing and through the respective monitoring and reporting processes of the Parties; and
- facilitate good governance in relation to this Agreement through the establishment of effective mechanisms for bilateral collaboration as outlined in section 12.1.
3.3.1 Together with the General Provisions, the following Annexes form part of this Agreement:
- Annex A - Provincial Nominees (hereafter referred to as “Annex A”); and
- Annex B - French-Speaking Immigrants (hereafter referred to as “Annex B”).
3.3.2 Unless otherwise specified, it is understood that Annexes are subject to the same terms and conditions of this Agreement.
3.3.3 The Parties agree to explore whether any additional Annexes that reflect the broad objectives of this Agreement should be made.
4.0 Immigration Planning and Programs
4.1 Canada shall establish national immigration policies and develop an annual immigration levels plan in consultation with New Brunswick and other provinces and territories, taking into consideration any Federal, Provincial and Territorial approaches to immigration levels planning, and New Brunswick’s immigration planning, including its social, cultural, demographic, and economic objectives.
4.2 In developing its annual delivery plan for Canada’s immigration levels plan, Canada shall consult New Brunswick and other provinces and territories and take into consideration:
- New Brunswick’s requests for Provincial Nominees and Canada’s annual targets for Government-Assisted Refugees as they relate to New Brunswick; and
- New Brunswick’s objectives and interests for all classes of Permanent Residents, where applicable, including improving economic immigration.
4.3 Each year, following federal Cabinet approval of the Annual Report to Parliament on Immigration, Canada shall confirm New Brunswick’s nomination allocation for the Provincial Nominee Program for the following calendar year.
4.4 Canada shall make all reasonable efforts to proactively manage the delivery of the immigration program to meet New Brunswick’s annual Provincial Nominee Program allocation request, if that request is provided to Canada by New Brunswick, bearing in mind federal priorities, and understanding that Provincial Nominee Program admissions contribute to New Brunswick’s labour market needs.
4.5 Canada shall cooperate with New Brunswick to provide opportunities to provincial staff for training, taking into account cost and resource constraints of either Party and, if required, negotiating cost sharing approaches.
4.7 New Brunswick shall plan to receive a share of Refugees to be resettled in the province. Recognizing the need for flexibility in responding to emerging humanitarian needs and taking New Brunswick’s capacity into consideration, through collaboration with Canada, New Brunswick agrees to receive a proportion of Refugees who are:
- Special Needs Persons;
- Vulnerable Persons; or
- Persons in Urgent Need of Protection.
4.8 In assigning a share of Refugees to New Brunswick, Canada agrees to:
- take into account the potential financial and program impacts on New Brunswick and the longer-term settlement needs of Persons in Urgent Need of Protection and Vulnerable and Special Needs Persons to be resettled in New Brunswick;
- provide notice of arrival as early as possible, ensure arrivals are spread throughout the year where practical, and work with New Brunswick to coordinate communications with the community and stakeholders; and
- consider additional supports, for example the number and location of service provider organizations that may be needed, subject to federal Cabinet approval if required.
5.0 French-Speaking Immigration
5.1 The Parties shall take into account the settlement and integration needs of French-Speaking Immigrants in establishing priorities and developing services relevant to this Agreement. More specifically, the Parties shall collaborate to support French-Speaking Immigrants and enhance the vitality of Francophone Minority Communities through:
- promotion, attraction and retention strategies that are intended to increase the number of French-Speaking Immigrants; and
- strengthening settlement and integration supports for French-Speaking Immigrants, thereby improving the capacity of Francophone Minority Communities to receive French-Speaking Immigrants and facilitating the economic, social and cultural integration of French-Speaking Immigrants into Canadian society.
5.2 The Parties agree to consult with Francophone Minority Communities in New Brunswick with respect to immigration matters in areas that include, but are not limited to, recruitment activities and the planning and delivery of settlement and integration services.
5.3 The Parties shall continue to support the increase of the number of French-Speaking Immigrants to New Brunswick.
6.0 Consultations and Local Government
6.1.1 The Parties agree that consultation is necessary to help both Parties address their needs and objectives related to immigration.
6.1.2 The Parties shall consult each other during the development of policies, legislation, programs or initiatives which could have a significant impact, fiscal or otherwise, on the operation of this Agreement, on New Brunswick’s immigration-related plans and priorities, or on Canada’s immigration system. This includes, but is not limited to, Canada’s immigration policy and immigration projections, and identified issues in shared immigration planning, information sharing and bilateral international arrangements. Where applicable, New Brunswick shall consult with Canada on changes proposed by New Brunswick and the conformity of these changes with provisions of the IRPA and the IRPR.
6.1.3 New Brunswick shall consult with Francophone Minority Communities in New Brunswick with respect to immigration matters in areas which include, but are not limited to, recruitment activities and the planning and delivery of settlement and integration services.
6.1.4 New Brunswick shall participate in multilateral consultation processes associated with developing or promoting national immigration initiatives.
6.1.5 The Parties shall consult on the development and implementation of national measures to regulate immigration and citizenship representatives. Canada recognizes New Brunswick’s right to develop and implement its own measures consistent with provincial jurisdiction and federal legislation.
6.2 Local Government
6.2.1 The Parties agree that Local Governments play an important role in attracting and retaining newcomers, in supporting the successful settlement and integration of Immigrants in New Brunswick and in ensuring that communities are welcoming and inclusive.
6.2.2 The Parties agree to cooperate to work with Local Governments in New Brunswick to explore issues related to their respective interests in immigration and pursue opportunities related to communities’ interests in immigration.
7.0 Promotion and Recruitment
7.1 The Parties shall share roles and responsibilities in the planning and implementation of immigration promotion and Immigrant recruitment activities abroad, recognizing Canada’s responsibility for coordinating such activities on a national level and New Brunswick’s interest in immigration to meet its social, cultural, demographic, and economic objectives, including improving economic immigration outcomes.
7.2 The Parties agree, subject to resource constraints, to cooperate in promotion and recruitment initiatives to attract and recruit Immigrants and Temporary Residents, including Provincial Nominees and temporary foreign workers, by working together in the following areas:
- New Brunswick shall provide Canada with New Brunswick’s annual Provincial Nominee Program plan and objectives;
- Canada shall ensure that Department of Citizenship and Immigration offices abroad are informed about New Brunswick’s plan and objectives;
- New Brunswick shall also endeavour to provide Canada with information regarding the province’s needs, including economic, demographic, educational, and labour market needs; and
- Canada shall endeavour to provide information to New Brunswick about optimal recruitment opportunities through Department of Citizenship and Immigration offices abroad in order to meet New Brunswick’s immigration needs.
7.3 In furtherance of the objectives of this Agreement, New Brunswick may undertake recruitment initiatives including:
- development of promotional materials describing the nature and quality of life in New Brunswick;
- provision of information on a New Brunswick-maintained website to prospective Immigrants who intend to reside and work in New Brunswick;
- preparation of information for staff working in Department of Citizenship and Immigration offices abroad to assist in identifying promotion and recruitment opportunities;
- consultation with representatives of Francophone Minority Communities in New Brunswick;
- consultation with regional and community representatives;
- targeted promotion and recruitment based on employer needs; and
- targeted promotion to Temporary Residents present in New Brunswick (international students, temporary workers and visitors).
7.4 Subject to operational and resource constraints, Canada agrees to make efforts to assist with improving economic immigration to New Brunswick. This may include, but is not limited to:
- providing information to potential applicants in permanent and temporary streams through Canada’s immigration-related websites, in order to direct them to visit the New Brunswick website;
- sharing Government of New Brunswick promotional materials provided by New Brunswick, where practical, at selected Department of Citizenship and Immigration offices abroad;
- supporting provincially-initiated missions to attract Immigrants within the limits of mission resources;
- inviting New Brunswick to participate in promotional activities with Department of Citizenship and Immigration staff abroad to communicate the province’s specific needs and opportunities; and
- assisting New Brunswick in identifying overseas labour market and demographic information, as available, to assist in niche market recruitment.
7.5 Canada agrees to make efforts, where possible, to assist with New Brunswick’s objectives in its labour market strategy and Provincial Nominee Program plan, as agreed upon by both Parties, subject to operational and resource constraints.
7.6 New Brunswick may enter into agreements with third parties for the purposes of promotion and recruitment and in so doing shall:
- require other parties to respect the terms and conditions of this Agreement relevant to promotion and recruitment; and
- advise Canada of such agreements.
7.7 Subject to section 7.6, this Agreement does not preclude either party from undertaking promotion and recruitment activities independently.
7.8 Any agreements pursued by New Brunswick with other parties, and that result in proposed policy changes that would have a material effect on this Agreement, shall require further consultations with the Department of Citizenship and Immigration before implementation.
8.0 Selection and Inadmissibility
8.1 New Brunswick recognizes that, in accordance with the IRPA and the IRPR, Canada has responsibility for:
- determining federal objectives relating to immigration;
- establishing selection criteria and selecting foreign nationals, taking into account the role of New Brunswick in nominating Provincial Nominees;
- determining Refugee status;
- prescribing classes of Permanent Residents and Temporary Residents;
- defining and determining which persons are inadmissible to Canada; and
- imposing conditions with respect to requiring individuals to report for a medical examination, surveillance or treatment.
8.2 New Brunswick will be responsible for providing evidence of compliance with the conditions imposed by Canada in section 8.1(f).
8.3 New Brunswick’s authority to nominate Provincial Nominees is established under Annex A of this Agreement.
8.4 New Brunswick shall be consulted and have the opportunity to provide input on selection policies, taking into account the specific goals of and unique conditions in the province, including improving economic immigration, as well as taking into account the need to maintain national standards, and the resource constraints of Canada.
8.5 New Brunswick shall be responsible for the assessment and nomination of candidates under the Provincial Nominee Program. Canada shall respect the nomination decision of New Brunswick insofar as nominations are consistent with the IRPA, the IRPR or any successor legislation and regulations, national immigration policy, the terms of this Agreement, and the eligibility criteria set out by New Brunswick.
8.6 Canada has the sole authority to decide whether persons who are determined to be medically inadmissible should be permitted to come into Canada and may issue a Temporary Resident Permit where an officer determines it is justified.
9.0 Settlement, Integration and Refugee Resettlement
9.1 The Parties are committed to facilitating the full participation of Immigrants and Refugees in the social, cultural, economic, and civic spheres of Canadian society.
9.2 Canada and New Brunswick are committed to renewing the current Canada-New Brunswick Settlement Partnership Memorandum of Understanding after its expiry. The purpose of this Memorandum of Understanding or any successor memorandum of understanding is to further strengthen the established partnership between Canada and New Brunswick and to establish a framework for working collaboratively on the planning, design and delivery of settlement and integration services for newcomers.
9.3 Canada shall work with New Brunswick and other stakeholders to facilitate recognition of the foreign qualifications, skills and work experience of Permanent Residents and their more rapid integration into the labour market.
9.4 The Parties shall coordinate their efforts to support the successful settlement and integration of Refugees, particularly with regard to reception, health, education and social services.
9.5 Canada shall collaborate and consult with New Brunswick regarding the allocation and integration of Refugees to the Province, particularly Government-Assisted Refugees, taking into consideration all New Brunswick communities with the capacity to settle Refugees.
9.6 The Parties commit to cooperation in information sharing with respect to Refugee claimants in New Brunswick. In monitoring Refugee claimant arrivals, Canada agrees to take into account the potential financial and program impacts on New Brunswick.
10.1 The Parties recognize the importance of an inclusive, diverse and cohesive society which may be advanced through multiculturalism.
11.1 The Parties shall work together to promote the full participation of Immigrants in New Brunswick communities and Canadian society, respecting Canada’s jurisdiction over citizenship matters and Canada’s responsibility for determining statutory requirements related to obtaining Canadian citizenship under the Citizenship Act.
12.1.1 The Agreement Management Committee (AMC), with two co-chairs, the Vice President, Immigration, Opportunities New Brunswick, and the Director General, International and Intergovernmental Relations, Department of Citizenship and Immigration, or their designates where mutually agreed upon, shall be established to oversee implementation of this Agreement. Other members of the AMC may include, upon agreement of the Parties, Local, Regional and National headquarters, Department of Citizenship and Immigration officials; and, as appropriate, representatives of other federal departments and provincial ministries responsible for programs and services related to immigration.
12.1.2 The AMC shall convene, at the mutual consent of its co-chairs, either in person or through technological means. The purpose of these meetings will be to have meaningful discussions related to the overall management of this Agreement and on innovative approaches to addressing immigration matters.
12.1.3 The AMC may establish bilateral ad hoc groups or sub-committees, with third party participation if appropriate, for the purpose of implementing this Agreement.
12.2 Multilateral Forums
12.2.1 Nothing in this Agreement is intended to preclude the Parties from fully participating in multilateral forums. Decisions made in the multilateral forums shall not supersede the terms agreed upon in this Agreement. Both Parties agree to make best efforts to make them complementary.
12.3 Dispute Management and Resolution
12.3.1 The Parties are committed to working together to implement this Agreement. Under this Agreement, the Parties shall contribute with their respective policies, programs, capacity, and expertise and recognize and respect each other’s different roles and responsibilities as set out under this Agreement.
12.3.2 In the case of a Dispute under this Agreement, the AMC shall attempt to resolve the matter through information sharing, communications and informal discussions.
12.3.3 In the event that the AMC is unable to resolve the Dispute expeditiously, it shall be referred to the Designated Representatives, accompanied by relevant facts and steps taken to reach resolution. Such procedures shall provide equal opportunities for representation by each Party, establish clear time limits, and ensure clarity for the implementation of final decisions. Further, in the event resolution is not reached within thirty (30) days of being raised with the Designated Representatives, the Parties shall jointly determine next steps.
12.3.4 Either Party may refer the matter to the Deputy Ministers by providing them with a written notice.
12.3.5 Both Parties shall exchange relevant information and engage in bilateral discussions in an attempt to clarify and resolve the Dispute. Deputy Ministers shall:
- provide equal opportunities for representation by each Party;
- attempt to resolve Disputes within thirty (30) days; and
- ensure clarity for the implementation of final decisions.
12.3.6 Should the Dispute be resolved, Deputy Ministers shall oversee the drafting of a short report identifying the issues that have been resolved, specific actions and timelines required to implement the resolution.
12.3.7 If Deputy Ministers are unable to resolve the Dispute within thirty (30) days from the date of its referral to them, they shall determine the appropriate course of action for its resolution, including elevating the Dispute to Ministers.
12.3.8 Ministers shall provide advice and direction to their officials on an appropriate course of action to resolve the Dispute.
12.3.9 This Dispute management process shall not in any way limit the final authority of the Minister of Citizenship and Immigration respecting decisions to interpret and administer the IRPA or the IRPR.
12.4 Information Sharing
12.4.1 The Parties share a mutual interest in:
- sharing information in order to meet the needs of Immigrants, including prospective Immigrants and Temporary Residents;
- research and information sharing;
- ensuring policies and programs are informed by research, statistical reports and analysis of mutual interest; and
- supporting policies, strategies and program development through information sharing.
12.4.2 To facilitate the implementation of the activities of this Agreement and Annexes, the Parties agree to exchange information as permitted by applicable laws, policies, instructions, and agreements governing the collection, retention, protection, use, exchange, disposal, and disclosure of information, in accordance with the Memorandum of Understanding Concerning Information Sharing Between Canada and New Brunswick.
12.4.3 Canada acknowledges New Brunswick’s requirement that any sharing of personal information between New Brunswick and Canada, and the conditions for the use of personal information, must be agreed to in an information sharing arrangement.
12.4.4 Nothing in this Agreement is intended to restrict the ability of the Parties to enter into other agreements or arrangements related to the sharing of information that does not take place pursuant to this Agreement and the Memorandum of Understanding Concerning Information Sharing Between Canada and New Brunswick.
12.4.5 The Parties agree to inform each other in a timely manner of any immigration-related information sharing and research agreements, formal arrangements or formal negotiations they enter into with government departments or ministries, municipalities and other parties concerned under New Brunswick’s jurisdiction where such immigration related information sharing, agreements, arrangements or negotiations may impact the implementation of this Agreement.
12.4.6 The Parties agree to promote immigration research, to consult annually on research priorities and planned research activities, and to cooperate on common research initiatives and share outcomes as appropriate.
12.4.7 Both Parties acknowledge that Canada is transitioning to a modernized digital platform that shall enable enterprise-wide use of certain data supported by enhanced information-sharing authorities, where necessary. Canada, in consultation with New Brunswick, shall determine how information shall be shared to support the use of digital tools to better deliver immigration programs.
12.5 Program Integrity
12.5.1 The Parties shall ensure the integrity of their respective programs, including but not limited to activities such as:
- sharing information and intelligence related to program developments overseas and within Canada, including immigration trends and analysis, subject to section 12.4.2 of the Agreement;
- conducting and disseminating research, and identifying knowledge gaps related to immigration priorities;
- establishing mutual reporting arrangements;
- working collaboratively with other agencies, as required, to address issues relating to inadmissibility, including anti-fraud activities;
- investigating potential program abuse to ensure ongoing rigour and confidence in the immigration program; and
- conducting program evaluations.
12.5.2 The Parties recognize the importance of evaluating the programs, policies and initiatives that are implemented under this Agreement in order to design, or improve the design, of policies, programs and initiatives, and to assess policy or program relevance and effectiveness, impacts both intended and unintended, and alternative ways of achieving expected results.
12.5.3 Annex A establishes the evaluation and audit requirements specific to the program discussed in the Annex and the corresponding accountabilities of the Parties.
12.5.4 In addition to the requirements specified in Annex A, the Parties agree to:
- exchange plans for evaluation and auditing activities as outlined under this Agreement;
- exchange, when developed or updated, evaluation frameworks/performance measurement strategies for activities under this Agreement;
- exchange, upon their completion, the reports of all evaluations that pertain to activities under this Agreement; and
- participate in national evaluations upon the agreement of both Parties.
12.6.1 The Parties agree that Canadians have a right to transparency and public accountability, which is facilitated through the provision of full information about the benefits of this Agreement.
12.6.2 Any announcement related to activities jointly undertaken by the Parties will ensure that communications material reflects the graphic guidelines of both orders of government (including the word mark for the Government of Canada) and be available in both of Canada’s official languages. Canada will assume responsibility for translation of joint communications products.
12.7 Term and Amendments
12.7.1 This Agreement comes into force on the date on which it is signed by the last of the Parties to do so and will be valid for seven (7) years.
12.7.2 Upon mutual consent of the Parties in writing, the term of this Agreement may be extended:
- for a period of five (5) years; and
- prior to the expiry of the Agreement as extended under paragraphs (a), for a period of two (2) years to account for circumstances affecting the Parties’ capacity to carry out a second joint review pursuant to section 12.7.3(b), or enter into a new agreement.
12.7.3 Subject to section 12.7.4, the Parties agree to jointly review this Agreement (including all Annexes) as follows:
- for the first review, beginning no later than three (3) years before the expiry of this Agreement; and
- for the second review, beginning no later than three (3) years before the expiry of the Agreement as extended under section 12.7.2(a).
12.7.4 Upon mutual consent of the Parties in writing, the joint reviews set out at section 12.7.3 can be omitted where the Parties agree to extend this Agreement on the same terms and conditions.
12.7.5 No amendment to this Agreement shall be effective unless reduced to writing and signed by the Designated Representatives of the Parties subject to any required approval or authorization including any required approval of the Governor in Council for Canada and the Lieutenant Governor in Council for New Brunswick.
12.7.6 Either Party may terminate this Agreement at any time by providing at least twelve (12) months’ notice in writing to the other Party. Upon notice of termination, the AMC will negotiate a transition strategy.
12.7.7 The French and English language versions of this Agreement are equally authoritative.
12.7.8 In keeping with the purpose and objectives of this Agreement, Canada shall be open and transparent concerning agreements reached with other provinces and territories respecting immigration. Upon request by New Brunswick, Canada shall negotiate amendments to this Agreement in order to afford similar treatment to New Brunswick, taking into consideration the different needs and circumstances of New Brunswick.
12.7.9 Subject to section 12.7.11, this Agreement does not affect any other agreements, arrangements or instruments entered into by the Parties.
12.7.10 This Agreement may be entered into by each Party signing a separate copy of this Agreement (including a photocopy, facsimile or electronic submission) and delivering it to the other Party, each of which when taken together shall constitute an original Agreement.
12.7.11 The 2017 Canada-New Brunswick Immigration Agreement that came into force on March 30, 2017 is hereby terminated on the coming into force of this Agreement.
13.1 Any notice to be delivered under this Agreement should be sent to the Party concerned as follows, as well as to the Parties’ Designated Representatives:
Address for notice to Canada
Senior Assistant Deputy Minister, Strategic Program Policy
Immigration, Refugees and Citizenship Canada
365 Laurier Avenue West
Ottawa, Ontario K1A 1L1
Address for notice to New Brunswick
Vice President, Immigration
Opportunities New Brunswick
250 King Street
Fredericton, New Brunswick E3B 9M9
13.2 Either Party may, from time to time, change a Designated Representative by giving notice in accordance with this Agreement.
13.3 Any notice, information or document provided for under this Agreement may be delivered or sent by letter, electronic mail or facsimile, postage or other charges prepaid. Any notice that is delivered shall be deemed to have been received on delivery; any notice sent by electronic mail or facsimile shall be deemed to have been received one working day after having been sent; and any notice mailed shall be deemed to have been received eight (8) calendar days after being mailed.
In witness whereof this Agreement has been signed by the Parties on the dates written below.
For The Government of Canada
The Honourable Sean Fraser
Minister of Citizenship and Immigration
For The Government Of New Brunswick
The Honourable Arlene Dunn
Minister Responsible for Opportunities New Brunswick
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