Annex A: Provincial Nominees

1.0 Purpose and Objectives

1.1 In accordance with section 3.3 of the Canada-New Brunswick Immigration Agreement (hereinafter referred to as the “Agreement”), the Parties agree that the purpose of this Annex and its accompanying Schedules is to define the roles and responsibilities of Canada and New Brunswick in relation to the Provincial Nominee Class as described in section 87 of the Immigration and Refugee Protection Regulations (IRPR) and, in accordance with subsection 8(1) of the Immigration and Refugee Protection Act (IRPA), to establish provisions concerning the selection of and acquisition of immigration status by foreign nationals nominated by New Brunswick.

1.2 In the event of a conflict between this Annex and the IRPA, the IRPR, or Ministerial Instructions given under the IRPA, Canada and New Brunswick agree that the IRPA, the IRPR, or Ministerial instructions shall prevail.

1.3 The objectives of this Annex are:

1.3.1 To strengthen New Brunswick’s ability to enhance the economic benefits of immigration to the province taking into account New Brunswick’s economic priorities as well as the development of Francophone Minority Communities in the province;

1.3.2 To continue to support the increase of the number of French-Speaking Immigrants to New Brunswick;

1.3.3 To recognize that the Provincial Nominee Class, as established by subsection 87(1) of the IRPR and this Annex, provide for the establishment of a jointly administered immigration program, where:

1. New Brunswick is responsible for:
   1. the recruitment, assessment and nomination of Provincial Nominees on the basis of their ability and intention to economically establish and settle in New Brunswick;
   2. the promotion of New Brunswick’s Provincial Nominee Program;
   3. the integrity of the New Brunswick’s Provincial Nominee Program; and
   4. ensuring that effective performance monitoring and evaluation systems, consistent with the national Provincial Nominee Program Performance Measurement and Evaluation Frameworks, are in place in New Brunswick.
2. Canada is responsible for:
   1. ensuring that applicants admitted under the Provincial Nominee Program have met the requirements of membership in the economic class as provided under the IRPA, and that they are assessed for nomination using criteria designed to determine their eligibility for consideration in the economic class;
   2. making the final selection and admissibility decisions and issuing visas; and
   3. ensuring that performance monitoring and evaluation systems are in place at the federal level to ensure that the national Provincial Nominee Program continues to meet its economic objectives.

1.3.4 To process New Brunswick’s Provincial Nominees for permanent residence as expeditiously as possible, taking into account:

1. New Brunswick’s annual Provincial Nominee Program plan;
2. Canada’s projected annual immigration levels plan as per section 94 of the IRPA;
3. the number of provincial nomination certificates issued in each calendar year, as referred to in section 3.4;
4. legislative and regulatory requirements, including eligibility, admissibility and Ministerial Instructions; and
5. operational and resource constraints.

2.0 Shared Principles

2.1 Canada and New Brunswick agree to abide by and uphold the following shared principles:

2.1.1 New Brunswick is best positioned to:

1. determine the specific economic and labour market needs of New Brunswick vis-à-vis immigration; and
2. assess and nominate candidates that will meet these economic and labour market needs and have the ability and intention to economically establish and settle in New Brunswick.

2.1.2 Canada is responsible for national immigration policy direction, the overall design and management of the movement of Permanent and Temporary Residents to Canada and, in accordance with section 94 of the IRPA, for the establishment of an annual immigration plan containing a projection of the number of immigrants to be admitted to Canada each year in total and in each immigrant category; and, in accordance with section 87.3 of the IRPA, for the processing of applications and requests in a manner that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada. In carrying out its responsibilities under sections 94 and 87.3 of the IRPA, Canada is committed to working equitably with all interested parties, including New Brunswick.

2.1.3 Canada is responsible for the creation of immigration classes within the legislation; New Brunswick is responsible for the design, promotion, recruitment, administration, monitoring, evaluation and integrity of its Provincial Nominee Program, and may create categories within this program to the extent that these categories identify individuals solely on the basis of their ability and intention to economically establish and settle in New Brunswick, and are compatible with the definitions and criteria applicable to the Provincial Nominee Class under the IRPA and the IRPR and with national immigration policy.

2.1.4 Canada will process Provincial Nominee applications from applicants nominated in all provinces and territories equitably and as expeditiously as possible, within the number of nomination certificates issued each calendar year, subject to the provisions of sections 3.4 and 9.2, operational and resource constraints and balancing multiple competing priorities, including any priorities which may arise as a result of Ministerial instructions issued under section 87.3 of the IRPA.

2.1.5 Canada and New Brunswick agree on the importance of the following shared principles:

1. the Provincial Nominee Program as a strategic tool for significant economic benefit in the region;
2. proactively encouraging immigration to Francophone Minority Communities in New Brunswick;
3. communication and collaboration to ensure program integrity, effective management and successful outcomes;
4. program integrity activities in maintaining the integrity of the Provincial Nominee Program;
5. standardized methodology for all Provincial Nominee Program evaluations to ensure that performance information common to all jurisdictions is collected and evaluated in a comparable manner; and
6. the Provincial Nominee Program as a tool for spreading the benefits of immigration across Canada and the critical role that the settlement and retention of provincial nominees in the nominating jurisdiction plays in achieving this goal.

2.1.6 Both Parties will consult in a timely manner on proposed changes to policies, legislation, regulations and programs which could have a significant impact, fiscal or otherwise, on the operation of New Brunswick Provincial Nominee Program.

3.0 Planning and Reporting

3.1 New Brunswick will develop a Provincial Nominee Program plan based on the shared principles agreed to by the parties in section 2.1. New Brunswick may submit this plan to Canada on an annual basis, in advance of consultations, for consideration in developing Canada’s projections for Canada’s immigration levels planning. In establishing its Provincial Nominee Program plan, New Brunswick will consult with Canada, taking into account Canada’s role in national immigration policy and planning.

3.2 Canada will make all reasonable efforts to incorporate New Brunswick’s Provincial Nominee Program plan into Canada’s immigration plan.

3.3 In establishing the number of Provincial Nominee Program nominations allocated to New Brunswick as part of Canada’s immigration plan, Canada may consider New Brunswick’s results in achieving the expected outcomes of the Provincial Nominee Program, including but not limited to:

3.3.1 New Brunswick’s ability to identify fraud;

3.3.2 New Brunswick’s ability to identify nominees on their ability to become economically established within New Brunswick;

3.3.3 New Brunswick’s ability to retain nominees in New Brunswick; and

3.3.4 New Brunswick’s ability to address provincial labour market and economic needs through the Provincial Nominee Program.

3.4 The number of Provincial Nominee Program nominations as set by Canada in consultation with New Brunswick, subject to the principles outlined in section 2.1, may be adjusted at any time during the year upon agreement by both Parties. By September 30, or periodically as agreed to by both Parties, New Brunswick will inform Canada of its progress in issuing nomination certificates for the current calendar year.

3.5 Reporting on New Brunswick’s levels planning will be undertaken as follows:

3.5.1 New Brunswick will provide Canada with an annual report for the preceding year on New Brunswick’s Provincial Nominee Program plan and the results achieved based on calendar year, no later than four (4) weeks after receiving the specified format from Canada; and

3.5.2 The annual report will include but is not limited to the elements outlined in Schedule A. The province will amend the annual report, as required, to ensure that it includes performance indicators listed in the Provincial Nominee Program Performance Measurement framework outlined in section 7.2.

3.6 The Parties undertake to give one another notice, in a manner that is as timely as possible, of any change in procedure, policy, regulations or legislation relating to their respective programs or operations that is likely to affect the Provincial Nominee Program.

4.0 Assessment and Nomination

4.1 New Brunswick has the sole and non-transferable responsibility to assess and nominate candidates who, in New Brunswick’s determination:

4.1.1 will be of benefit to the economic development of New Brunswick; and

4.1.2 have the ability and intention to economically establish and permanently settle in New Brunswick subject to sections 4.3 through 4.11.

4.2 Canada shall consider New Brunswick’s nomination as evidence that New Brunswick has carried out its due diligence determining that an applicant has met the requirements of New Brunswick’s Provincial Nominee Program.

4.3 In order to exercise its nomination authority under this Annex, New Brunswick will develop and use objective and transparent criteria for nomination which will assess the ability and intention of the applicant to become economically established in New Brunswick and to demonstrate the economic benefit to the Province. New Brunswick will codify and publish Provincial Nominee Program requirements, policy and procedures in publicly available directives. Applicants will be required to meet these criteria in order to be nominated. New Brunswick will respect the principles and objectives of this Annex in developing and implementing its criteria and procedures.

4.4 New Brunswick will provide Canada, in confidence, all necessary information regarding the criteria, policies and procedures that it has established for the categories under its Provincial Nominee Program, as outlined in stream design templates provided by Canada, prior to the introduction or modification of any Provincial Nominee Program stream, category or pilot project. Canada will conduct a review of any proposed changes and, if it has determined that the changes are consistent with the IRPA, the IRPR and national immigration policies, Canada and New Brunswick will agree to the proposed changes. To the extent possible, the timing and duration of the review will be mutually agreed upon by Canada and New Brunswick prior to the start of the review process, taking into account resource constraints. While Canada will strive to undertake the review as expeditiously as possible, the period of this review will vary according to the complexity of the proposed changes. New Brunswick will only implement the new or amended Provincial Nominee Program stream, category or pilot project once Canada and New Brunswick have reached agreement.

4.5 Provincial Nominee applicants will be nominated solely on the basis of economic benefit to New Brunswick and their ability and intention of becoming economically established and permanently residing in New Brunswick. Economic establishment will be determined on the basis of factors such as: current job or job offer, language ability, work experience meeting critical skills shortages, education and training, and business ownership skills and past experience.

4.6 Non-economic factors, including but not limited to family connections or community ties, shall not constitute an eligibility condition.

4.7 Non-economic factors, including but not limited to family connections or community ties, may be considered as part of the assessment of the applicant's adaptability and intentions to reside in the nominating province. However, they shall not constitute a determining factor under any stream or category under the Provincial Nominee Program.

4.8 New Brunswick agrees to maintain the minimum language standards and mandatory testing implemented on July 1, 2012 for Provincial Nominees at Skill Level C and D of the National Occupational Classification 2016, or Training, Education, Experience and Responsibilities (TEER) category 4 and 5 of the National Occupational Classification 2021, and to work towards establishing minimum language standards and/or mandatory testing for all other Provincial Nominees.

4.8.1 For those streams, categories or occupations subject to minimum language standards and mandatory testing, New Brunswick will confirm that nominations are based on valid language test results. New Brunswick will require those applicants to have their proficiency assessed in the English or French language by an organization or institution designated by Canada and these applicants must have obtained proficiencies for their abilities to speak, listen, read and write that correspond to agreed upon benchmarks. Only language test results from an organization or institution designated by Canada and the correlation of those results with the agreed upon benchmarks will be accepted as evidence of the applicant’s proficiency in an official language for the purposes of this provision. The official notification of the results issued by the designated organization or a copy must be included with the application for permanent residence. The benchmarks are as follows:

1. In the case of an applicant who has a job offer for an occupation listed in Skill Level C and D, or TEER category 4 or 5 of the National Occupational Classification, or has acquired work experience in one or more occupations that are listed in Skill Level C and D, or TEER category 4 or 5 of the National Occupational Classification matrix, applicants must have obtained proficiencies that correspond to the Canadian Language Benchmark of 4 or higher in each of the following competencies: speaking, listening, reading and writing. A time-limited exemption of this requirement for New Brunswick’s Critical Worker Pilot is authorized under Schedule B.

4.8.2 As applicants in other streams, categories or occupations become subject to minimum language standards and mandatory testing, New Brunswick will follow the same process as outlined in section 4.8.1 to ensure that these applicants have obtained proficiencies for their abilities to speak, listen, read and write that correspond to agreed upon benchmarks.

4.8.3 Applications for permanent residence which require the submission of language test results as per 4.8.1(a) and which do not include valid language test results or the language results do not meet the above requirements will be returned to the applicant.

4.9 In exercising its nomination authority under this Annex, New Brunswick will apply the criteria for nomination referred to in sections 4.1 through 4.8 and follow the policy and procedures established by New Brunswick, as amended from time to time, insofar as these criteria, policy and procedures are consistent with the IRPA, the IRPR or any successor legislation and regulations, national immigration policies and the terms of the Agreement and this Annex. These criteria will be applied to all individuals applying under the New Brunswick Provincial Nominee Program and New Brunswick does not have the authority to waive these criteria.

4.10 New Brunswick will not issue a nomination certificate to:

4.10.1 any person whose employment is likely to affect the settlement of any labour dispute or affect the employment of a person involved in such a dispute, or whose employment will adversely affect employment or training opportunities for Canadian citizens or permanent residents in New Brunswick;

4.10.2 any person who intends to enter, has agreed to enter, or has entered into an “immigration-linked investment scheme” as described in section 87 of the IRPR, or its successor;

4.10.3 any person who New Brunswick does not determine will be of benefit to the economic development of New Brunswick; or

4.10.4 any person who does not have the ability and intention to economically establish and settle in New Brunswick.

4.11 New Brunswick will make every reasonable effort to ensure the collection and verification of all documentation supporting a nomination is genuine, and will conduct due diligence as and when warranted to confirm the authenticity of documents supporting a nomination and the veracity of information provided.

4.12 New Brunswick will keep written or electronic records of its assessments of its nominees against those criteria for a minimum of six years from the date of nomination and share those records with Canada if requested to do so, subject to section 12.4 of the Agreement.

4.13 New Brunswick is responsible for ascertaining an applicant’s ability to economically establish and settle in New Brunswick, and will conduct due diligence to ensure the applicant’s ability to do so. Notwithstanding the foregoing, Canada retains the right to request additional documentation from the nominee which supports the nominee’s ability and intention to become economically established and settle in New Brunswick and to substitute its evaluation of the applicant’s ability and intention to become economically established in Canada pursuant to subsection 87(3) of the IRPR. In exercising its responsibilities under sections 4.2 and 4.19 and sections 6.1 to 6.7, Canada may also seek clarification and request documentation from New Brunswick on its assessment, the record of which is required under section 4.11 and the Memorandum of Understanding Concerning Information Sharing Between Canada and New Brunswick.

4.14 New Brunswick will issue a dated nomination certificate, valid in accordance with New Brunswick’s administrative requirements, for each Provincial Nominee. The nomination certificate initial validity will not exceed six months. The nomination certificate will specify information including, but not limited to, the category under which the nomination has been made, as well as other information outlined in the Memorandum of Understanding Concerning Information Sharing Between Canada and New Brunswick. For security reasons, New Brunswick will forward a record of the Confirmation of Nomination, by electronic means, to the location specified by Canada. A Confirmation of Nomination received directly from the candidate or other Parties will not be accepted as evidence of the nomination. Nominees must file an application for permanent residency within the time limit specified on the Confirmation of Nomination.

4.15 New Brunswick will not issue nomination certificates in excess of the annual amount established by Canada in section 3.4.

4.16 In accordance with section 12.5.3 of the Agreement, on a five-year schedule, New Brunswick will conduct an independent and objective audit of the activities required to implement sections 4.1 to 4.15 and 5.2 to 5.4 to assess whether the procedures which have been established and documented are respected and that adequate oversight mechanisms have been put in place for ongoing program monitoring and reporting, subject to the following conditions:

4.16.1 Audits will be consistent with the standards established by the Institute of Internal Auditors;

4.16.2 New Brunswick will consult with Canada on the terms of reference for the audit;

4.16.3 New Brunswick will provide the results of audits, including the management responses and associated action plans, to Canada;

4.16.4 New Brunswick will report to Canada on the status of the action plan agreed to by the province on an annual basis until the completion of all action items. Canada will not disclose the results of audits, including the management responses, without the consent of New Brunswick;

4.16.5 Following the audit as described in 4.16, New Brunswick or Canada may request a review of the Provincial Nominee Program streams currently in place. Should a review be requested by either party, New Brunswick agrees to provide Canada with information on the stream design, as required. Canada and New Brunswick will cooperate on an assessment of the stream following the processes identified in section 4.4 and, if it is determined that the streams are consistent with the IRPA, the IRPR and national and provincial immigration policies and objectives, Canada and New Brunswick will agree to proceed without changes; and 

4.16.6 New Brunswick shall undertake the audit as described in section 4.16 within one (1) year of the Agreement taking effect, unless such an activity was completed within the previous three (3) years.

4.17 Subject to sections 3.4 and 9.2, Canada agrees to process applicants nominated for Permanent Resident status by New Brunswick as expeditiously as possible with a view to achieving targets that have been integrated into Canada’s immigration levels plan, and to balancing multiple competing priorities, including those reflected in Ministerial Instructions issued under section 87.3 of the IRPA.

4.18 Canada will communicate the terms of this Annex to offices involved in the processing of Provincial Nominee Program cases to ensure consistent application of all principles agreed upon at processing offices.

4.19 Upon receipt of the application for permanent residence, together with the Confirmation of Nomination from New Brunswick, Canada will:

4.19.1 determine the eligibility of the nominee as a member of the Provincial Nominee Class pursuant to section 87 of the IRPR;

4.19.2 determine the admissibility of the nominee and the nominee’s family members with respect to legislative requirements; and

4.19.3 issue permanent resident visas to Provincial Nominees and accompanying family members who meet all the requirements of the New Brunswick Provincial Nominee Program and the eligibility and admissibility requirements of the IRPA and the IRPR.

4.20 Should Canada determine that an individual nominated by New Brunswick is likely to be refused a permanent resident visa based on the requirements of membership in the Provincial Nominee Class as per the IRPR and this Annex, New Brunswick will be notified as soon as possible, taking into consideration local operating environments, and New Brunswick will be consulted regarding the reasons for possible refusal.

4.21 New Brunswick may raise concerns or seek clarification from the assessing office with respect to a potential refusal, where the refusal is based on a finding that the applicant does not satisfy the requirements for membership in the Provincial Nominee Class in accordance with the provisions of the IRPR, within sixty (60) days from the date of being advised by Canada.

4.22 In all cases where Canada determines that an individual nominated by New Brunswick does not meet the admissibility requirements of the IRPA, Canada will refuse without notifying New Brunswick before the final decision. Subject to privacy laws and to the extent consistent with the Memorandum of Understanding Concerning Information Sharing Between Canada and New Brunswick, Canada will forward a copy of the refusal letter to New Brunswick in a timely fashion.

4.23 Canada and New Brunswick are committed to working together to assure program integrity. Accordingly, where Canada has refused an applicant on the basis of misrepresentation under section 40 of the IRPA, Canada will share case-specific information as described in the Memorandum of Understanding Concerning Information Sharing Between Canada and New Brunswick. New Brunswick shall conduct a review of the relevant provincial application, in accordance with its policies and procedures.

5.0 Admission

5.1 New Brunswick may support the application for a work permit in the following instances:

5.1.1 where a nominee is employed or has a job offer and is urgently required by the employer; or

5.1.2 where a potential business nominee is required to enter Canada as a Temporary Resident in order to meet the requirements of the New Brunswick business stream.

5.2 For nominees specified under 5.1.1, New Brunswick is responsible for conducting due diligence to verify that, in the case of employment:

5.2.1 the job offer is genuine, and not part-time or seasonal;

5.2.2 the individual is urgently required by the employer;

5.2.3 the individual is reasonably able to carry out the functions of the job offer; and

5.2.4 the employer is not in violation of the IRPA/IRPR, as notified by Canada, and/or New Brunswick employment standards, as notified by the provincial employment standards body.

5.3 For nominees specified under 5.1.1, New Brunswick is responsible for conducting due diligence to verify that, in the case of a job offer:

5.3.1 the job offer is genuine, and not part-time or seasonal;

5.3.2 the individual is urgently required by the employer;

5.3.3 the individual is reasonably able to carry out the functions of the job offer;

5.3.4 that Canadians and Permanent Residents had been considered first to fill the job; and

5.3.5 the employer is not in violation of the IRPA/IRPR, as notified by Canada, and/or provincial employment standards, as notified by the provincial employment standards body.

5.4 For candidates specified under 5.1.2, New Brunswick is responsible for conducting due diligence to verify that, in the case of a potential business nominee:

5.4.1 the proposed business is consistent with New Brunswick’s requirements, and that the business plan is economically plausible;

5.4.2 the applicant will actively engage in establishing the proposed business;

5.4.3 the applicant is reasonably able to carry out the functions of business ownership/management; and

5.4.4 in the case where an applicant is entering Canada on a work permit in order to establish a business and meet the requirements of nominations, that the applicant is likely to meet the requirements for nomination within the initial period authorized.

5.5 New Brunswick will keep written or electronic records of its assessments of due diligence described in sections 5.2, 5.3 and 5.4 for a minimum of six years from the date of the issuance of a letter of support and will share those records with Canada if requested to do so, subject to section 12.4 of the Agreement.

5.6 In the case of a nominee with employment or a job offer, where New Brunswick has conducted the due diligence as described in section 5.2 or 5.3, and determined that entry of a foreign national under a work permit is of significant benefit to New Brunswick, the New Brunswick may support an application for a work permit pursuant to paragraph 204(c) of the IRPR with a letter indicating that:

5.6.1 the nominated individual is urgently required by the employer;

5.6.2 the job offer or employment is genuine and will create economic benefits or opportunities;

5.6.3 the employment is not part-time or seasonal;

5.6.4 the wages and working conditions of the employment would be sufficient to attract and retain Canadian citizens or permanent residents, as per New Brunswick prevailing wage rates; and

5.6.5 New Brunswick is requesting that Canada issue a work permit for a specific period to cover the duration of processing of the permanent resident application, which Canada will take into account when issuing a work permit.

5.7 Recognizing the administrative resources required by New Brunswick to issue letters in support of work permit applications under IRPR 204(c), Canada and New Brunswick agree to work towards streamlining the process for admission as a Temporary Resident. Should Canada, New Brunswick, and the other Canadian provinces and territories, agree to a new process for supporting admission of Temporary Residents, the new process will terminate and replace the process outlined under section 5 of this Annex. Canada further agrees to process Temporary Resident applications of applicants nominated for Permanent Resident status by New Brunswick, as expeditiously as possible and subject to operational and resource constraints and balancing multiple competing priorities, with a view to addressing urgent needs of employers.

5.8 Where New Brunswick is considering an application for nomination under the business category of the Provincial Nominee Program, has conducted due diligence as described in section 5.4, and has determined that entry of a foreign national under a work permit to carry out business activity is of significant benefit to New Brunswick, New Brunswick may support an application for a work permit pursuant to paragraph 205(a) of the IRPR with a letter indicating that:

5.8.1 the foreign national is being considered for nomination for permanent residence based on their assessed business plan to conduct business activity in the province;

5.8.2 New Brunswick has determined that the planned business activity will be of significant benefit to the province; and

5.8.3 New Brunswick is requesting that Canada issue a work permit for a specific period, up to a maximum of two (2) years, which Canada will take into account when issuing a work permit.

5.9 Where New Brunswick has provided a letter of support as described in section 5.8, New Brunswick acknowledges that Canada will complete an assessment of the foreign national’s work permit application against paragraph 205(a) of the IRPR. Canada will consider New Brunswick’s letter of support as evidence of New Brunswick’s assessment of economic benefit in making its own determination that the intended work would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or Permanent Residents.

5.10 Upon receipt of the application for a work permit under paragraph 204(c) of the IRPR, Canada will:

5.10.1 determine the eligibility of the applicant for a work permit pursuant to section 200 of the IRPR;

5.10.2 determine the admissibility of the applicant with respect to legislative requirements; and

5.10.3 issue a work permit to applicants who:

1. meet all the requirements of the New Brunswick Provincial Nominee Program and the eligibility and admissibility requirements of the IRPA and the IRPR, and
2. have submitted with their work permit application a letter of support from New Brunswick as described in section 5.6.

5.11 Where a temporary work permit issued under section 5.10 of this Annex is due to expire and New Brunswick has nominated that foreign national and the foreign national has applied for permanent residence and has been found eligible, Canada may issue a work permit to that foreign national pursuant to paragraph 205(a) of the IRPR.

6.0 Program Integrity

6.1 Canada and New Brunswick have shared responsibility for program integrity in the administration of the Provincial Nominee Program. To ensure the integrity of the program, both Canada and New Brunswick will conduct both quality of decision-making and anti-fraud exercises on a periodic basis and will implement changes to the program as necessary in a timely manner.

6.2 Subject to section 12.4 of the Agreement, Canada and New Brunswick will cooperate to ensure the integrity of the Provincial Nominee Program, including, but not limited to, activities such as:

6.2.1 investigating potential program abuses to ensure the rigour and confidence of the immigration system;

6.2.2 sharing information including personal information and intelligence related to program abuses, subject to privacy laws and to the extent required by the Memorandum of Understanding Concerning Information Sharing between Canada and New Brunswick;

6.2.3 working collaboratively with other federal agencies, as required, to address issues related to admissibility, including anti-fraud activities, criminality and public safety;

6.2.4 coordinating and streamlining investigations involving both jurisdictions; and

6.2.5 conducting and disseminating research, and identifying knowledge gaps related to program integrity and quality assurance mechanisms.

6.3 Canada and New Brunswick will continuously seek to improve program integrity by acting upon knowledge gained through periodic program integrity and quality assurance activities, with an emphasis on:

6.3.1 identifying and evaluating risk information to ensure appropriate measures are taken;

6.3.2 establishing measures to strategically and systematically mitigate risks;

6.3.3 improving policies and procedures by closing gaps and addressing vulnerabilities; and

6.3.4 participating in targeted program integrity and quality assurance training.

6.4 New Brunswick will report instances of suspected or confirmed fraud and/or misrepresentation to Canada, without delay, as set out in the Memorandum of Understanding Concerning Information Sharing between Canada and New Brunswick and subject to privacy law. Canada may report instances of confirmed fraud and/or misrepresentation, as set out in the Memorandum of Understanding Concerning Information Sharing between Canada and New Brunswick and subject to privacy law.

6.5 Where suspected or confirmed fraud and/or misrepresentation has been identified by either Party, New Brunswick will provide case-specific information to Canada to, as set out in the Memorandum of Understanding Concerning Information Sharing between Canada and New Brunswick and subject to privacy law, in order for Canada to make informed decisions about disposition of these cases and in the furtherance of the integrity of the program. Where confirmed fraud or misrepresentation has been identified by either Party, Canada may provide case-specific information to New Brunswick, as set out in the Memorandum of Understanding Concerning Information Sharing between Canada and New Brunswick and subject to privacy laws, to assist New Brunswick in its assessment of applications for nomination.

6.6 Where suspected or confirmed systemic program integrity concerns exist related to any of New Brunswick’s Provincial Nominee Program streams, New Brunswick may suspend intake of applications for nomination. In the event of a suspension, New Brunswick will inform Canada without delay.

6.7 Canada and New Brunswick will share information on current and planned activities that support quality assurance and program integrity of the Provincial Nominee Program and, upon request, share the results of these activities with the other Party to the extent permitted by the Memorandum of Understanding Concerning Information Sharing between Canada and New Brunswick and privacy laws.

7.0 Program Evaluation

7.1 Canada will conduct a national evaluation of the Provincial Nominee Program on a five (5) year cycle in order to meet federal accountability and evaluation requirements. The evaluation will include the relevant components of New Brunswick’s Provincial Nominee Program determined by Canada as necessary for a national evaluation. New Brunswick is committed to cooperate to this end. Canada will be responsible for the costs of the national evaluation.

7.2 Canada, the provinces and the territories have collaborated to identify a sub-set of common performance indicators within the national Provincial Nominee Program Performance Measurement framework. These common performance indicators will be collected across all provinces and territories. New Brunswick agrees to collect ongoing performance information as identified in this framework and to report on all indicators contained therein to Canada on an annual basis through New Brunswick’s Provincial Nominee Program Annual Report referenced in section 3.5.1. Common performance indicators may be adjusted from time to time with agreement of Canada, the Provinces and Territories. These common components will ensure consistency and comparability within the evaluation process.

7.3 Any modifications to the national Provincial Nominee Program Evaluation framework to guide federal evaluations will be developed in collaboration with all jurisdictions that have a Provincial Nominee Program, including New Brunswick.

7.4 New Brunswick will establish and communicate the objectives for their Provincial Nominee Program and each stream there within to Canada.

7.5 On a five (5) year schedule, New Brunswick will conduct a rigorous evaluation of its Provincial Nominee Program that will utilize both qualitative and quantitative methodologies and multiple lines of evidence.

7.5.1 The evaluation will examine program performance, including the extent to which desired outcomes are achieved, and incorporate data collected as per the national performance measurement framework and New Brunswick’s Annual Report as per Schedule A.

7.5.2 New Brunswick will consult with Canada on the terms of reference for the evaluation.

7.5.3 New Brunswick will provide a copy of the evaluation, including the management responses and associated action plan, to Canada.

7.5.4 New Brunswick will report to Canada on the status of the provincially agreed-upon action plan on an annual basis until the completion of all action items.

7.5.5 Following the evaluation as described in 7.5, New Brunswick or Canada may request a review of the Provincial Nominee Program streams, categories or pilot projects currently in place. Should a review be requested by either Party, New Brunswick agrees to provide Canada with information on the stream design, as required. Canada and New Brunswick will co-operate on an assessment of the stream following the processes identified in section 4.4 and, if it is determined that the streams are consistent with the IRPA, the IRPR and national and New Brunswick immigration policies and objectives, Canada and New Brunswick will agree to proceed without changes to the program.

7.6 In addition to the data reported annually under sections 7.2, and 3.5.1, New Brunswick will ensure that the requisite national evaluation information as identified in section 7.2 is available. New Brunswick will cooperate with Canada, to the extent permitted by law, including the sharing of relevant program information and data, and facilitating access to program staff and clients for the purpose of gathering additional information required for the national evaluation.

7.7 As set out in the Memorandum of Understanding Concerning Information Sharing Between Canada and New Brunswick referred to in section 12.4 of the Agreement, and subject to privacy laws, Canada and New Brunswick agree to share information on prospective and actual permanent resident admissions to aid in the evaluation and management of New Brunswick’s Provincial Nominee Program.

7.8 New Brunswick will continue to participate as a consortium member and contribute to the longitudinal immigrant data base which has established a mechanism to collect the data, inter alia, for the Provincial Nominee Program evaluation.

8.0 Information Sharing

8.1 Subject to the Memorandum of Understanding Concerning Information Sharing Between Canada and New Brunswick, privacy laws and in conjunction with the Agreement, Canada and New Brunswick agree to share information regarding the nominee’s application for the purposes of planning and development, program administration, program integrity, and monitoring and evaluation.

8.3 New Brunswick will provide monthly nomination reports, the details of which are set out in the Memorandum of Understanding Concerning Information Sharing Between Canada and New Brunswick, to Canada.

8.4 Canada will provide monthly reports, the details of which are set out in the Memorandum of Understanding Concerning Information Sharing Between Canada and New Brunswick, on the processing and permanent resident admissions of Provincial Nominees destined to New Brunswick.

9.0 Dispute Management and Resolution

9.1 Upon notification in writing, as per section 12.3.4 of the Agreement that a Dispute exists regarding the interpretation or implementation of the IRPA, the IRPR and the Agreement as they apply to Provincial Nominees, Canada may, at any time during the Dispute Management and Resolution Procedures, impose a Processing Pause on the application(s) under Dispute until the Dispute is resolved. The imposition of a Processing Pause applies but is not limited to Disputes concerning criteria established by New Brunswick to assess an individual’s ability and intention to economically establish, or where there is evidence of systemic fraud or misrepresentation, or multiple instances of fraud and/or misrepresentation in the New Brunswick Provincial Nominee Program.

9.2.1 Canada will provide written notification to New Brunswick, with reasonable notice in advance to New Brunswick, of the date when the Processing Pause will start.

9.2.2 Canada will provide written notification to New Brunswick, with reasonable notice in advance to New Brunswick, of the date when the Processing Pause will end.

9.3 Canada may factor into consideration the nature of disputes and their resolution in the establishment of the number of Provincial Nominee Program nominations allocated to New Brunswick as part of Canada’s immigration plan.

10.0 General

10.1 The Focal Points for the purpose of communication and notification pursuant to this Annex are:

10.1.1 for Canada, the Director, Regional Economic Programs and Policy, Permanent Economic Immigration Branch; and

10.1.2 for New Brunswick, the Director, the New Brunswick Provincial Nominee Program.

Schedule A – Annual Report

Part A: Objectives, Principles and Priorities

• Overview of the Provincial Nominee Program, priorities and achievements

Part B: Results Achieved based on annual plan

• All elements included in the federal/provincial/territorial Provincial Nominee Program Annual Report, as amended from time to time by Canada, in collaboration with provinces and territories, in the following areas:
• New Brunswick Processing Information:
  • Number of nomination certificates issued
  • Nominees who were Temporary Foreign Workers at time of nomination
  • Applications received, Applications declined, Nominations issued, Nominations withdrawn, inventories, processing times
• Landings, Retention and Economic Outcomes
  • Nominees admitted who have not reported to New Brunswick within three (3) months of landing
  • Nominees Residing in New Brunswick
  • Outcomes of Business Nominees
• Program Development, Promotion and Recruitment
  • Promotion and recruitment activities, including those targeting French-Speaking Immigrants to New Brunswick

Part C: Program Integrity

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

Part D: Evaluation and Audit

• Evaluation plans and/or results

Schedule B - Language Requirement for New Brunswick’s Critical Worker Pilot

Preamble

This schedule forms an integral part of Annex A to the Canada-New Brunswick Immigration Agreement.

Canada and New Brunswick acknowledge the importance of meeting labour market and economic needs in New Brunswick through the Provincial Nominee Program, on the basis of selecting candidates with the ability to economically establish and settle in New Brunswick as described in section 87 of the Immigration and Refugee Protection Regulations (IRPR), and in section 2.1 of the Annex A.

As such, Canada and New Brunswick agree to New Brunswick testing a new Critical Worker Pilot under the Provincial Nominee Program that will allow six eligible employers selected by New Brunswick to quickly recruit and settle workers to address labour market needs. Employers were selected by New Brunswick on the basis of a number of criteria, including significant experience in recruiting newcomers over the last three years, commitment to develop and maintain settlement plans for employees (including language and job-specific training, as needed), and endeavour to attain a one-year provincial newcomer retention rate of at least 85% per year and endeavour to increase their three-year retention rate to 75% throughout the duration of the pilot, as laid out in New Brunswick’s Population Growth Strategy.

1. Purpose

1.1 The purpose of this schedule is to provide New Brunswick with the authority to proceed with its Critical Worker Pilot without a language requirement for candidates with job offers at the TEER category 4 and 5 of the National Occupational Classification 2021, a requirement currently outlined in section 4.8 and 4.8.1(a) of Annex A.

1.2 In removing this language requirement for TEER category 4 and 5 candidates, Canada and New Brunswick further agree to the following additional pilot parameters identified in section 2 below.

2. Pilot Parameters

2.1 Canada and New Brunswick agree to the following parameters, acknowledging this list is not exhaustive:

2.2 To remove the CLB 4 language requirement for TEER category 4 and 5 candidates to allow the six employers identified by New Brunswick (Cooke Aquaculture, Groupe Savoie, Groupe Westco Inc., Imperial Manufacturing Group, J.D. Irving Limited, and McCain Foods Limited and their affiliated and related companies) to recruit candidates who may not have this level of language proficiency at the time of nomination, recognizing that other pilot eligibility criteria has been negotiated separately.

2.3 New Brunswick reserves the right to remove from the pilot any employer who, at any point during the pilot, no longer meets employer terms and responsibilities, as stated in the agreement between New Brunswick and participating employers regarding the New Brunswick Critical Worker pilot, or any other critical program criteria related to the New Brunswick Provincial Nominee Program or other provincial immigration programs, and New Brunswick will inform IRCC if an employer is removed.

2.4 Pilot duration of five (5) years, from January 1, 2023 to December 31, 2027, without possibility of extension.

2.5 Total pilot nominations will be limited to 10% of New Brunswick’s total annual allocation under the Provincial Nominee Program, for each year of the pilot. Pilot nomination limits may be revisited upon agreement by both Focal Points.

2.6 New Brunswick will share its monitoring and performance measurement strategy with Canada, and provide updates on pilot performance to Canada on a regular basis. At a minimum, New Brunswick will report to Canada annually on pilot performance, including, but not limited to, employers’ compliance with agreed upon responsibilities, employment outcomes and retention rates of pilot participants, using mutually agreed performance indicators.

2.7 Following pilot completion, New Brunswick will conduct a formal evaluation of the pilot. The evaluation will examine pilot performance, including the extent to which desired outcomes are achieved, including but not limited to: the role of employers in supporting settlement and retention of candidates, candidates’ retention with their employer and in New Brunswick, and the extent to which this pilot complemented existing New Brunswick Provincial Nominee Program streams in addressing long-term labour market needs. New Brunswick will consult Canada on the terms of reference of the evaluation, and share evaluation results with Canada.

3. Application

3.1 The parameters outlined in this schedule do not extend in any manner to other streams or pilots under the New Brunswick Provincial Nominee Program.

3.2 Eligibility requirements and pilot parameters can be amended only if Canada and New Brunswick reach agreement on the changes, as per section 4.4 of Annex A.

3.3 This schedule may be amended at any time by the mutual written consent of both parties, subject to any required approval or authorization, including the approval of the Governor in Council and the Lieutenant-Governor in Council, as the case may be.