Canada-Newfoundland and Labrador Immigration Agreement
1.1 This Canada–Newfoundland and Labrador Immigration Agreement (hereinafter referred to as the "Agreement") is BETWEEN Her Majesty The Queen in right of Canada, as represented by the Minister of Citizenship and Immigration (hereinafter referred to as “Canada”) and Her Majesty The Queen in right of the Province of Newfoundland and Labrador, as represented by the Minister of Advanced Education and Skills and the Minister for Intergovernmental Affairs (hereinafter referred to as “Newfoundland and Labrador”).
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. 1985, 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, 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 section 10 of the Executive Council Act SNL, 1995, c.E-16.1 and section 7 of the Intergovernmental Affairs Act, RSNL 1990 c. I-13 authorizes the Minister for Intergovernmental Affairs and the Minister of Advanced Education and Skills, with the approval of the Lieutenant-Governor in Council, to enter into an Agreement with the Government of Canada relating to immigration matters.
1.9 And whereas Newfoundland and Labrador 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 Canada recognizes the goals of Newfoundland and Labrador to attract and retain Immigrants, foster their inclusion and full participation in society, and build diversity to support innovation and economic growth as reflected in the provincial immigration strategy and the provincial Policy on Multiculturalism.
1.11 And whereas Canada and Newfoundland and Labrador welcome Immigrants, recognize their contribution to the demographic, social, cultural, humanitarian and economic objectives of the country and the province, and acknowledge the long-term benefits of immigration.
1.12 And whereas Canada and Newfoundland and Labrador recognize that the Joint Federal-Provincial Territorial Vision for Immigration sets the strategic direction for what Federal, Provincial and Territorial governments seek to collectively achieve through immigration.
1.13 And whereas Canada and Newfoundland and Labrador share a mutual interest in:
- maximizing the contribution of immigration to the achievement of the social, cultural, demographic and economic goals of both Canada and Newfoundland and Labrador;
- minimizing costs, increasing program effectiveness and reducing unnecessary overlap and duplication;
- ensuring residents of Newfoundland and Labrador are aware of the benefits of immigration;
- working together to build a culturally diverse, integrated, inclusive, socially cohesive society;
- assisting, through collaborative efforts, in raising awareness of prospective Immigrants about opportunities in Newfoundland and Labrador; developing policies and programs that will support the attainment of Newfoundland and Labrador’s goals for immigration;
- exploring policies and programs to address the settlement needs of newcomers;
- attracting international students to Canada and recognizing them as prospective Immigrants; and
- programs and policies whereby Immigrants and temporary foreign workers contribute strategically to the development of the provincial labour force, recognizing that Newfoundland and Labrador is best positioned to determine the economic and labour market needs of the province.
Therefore Canada and Newfoundland and Labrador agree to the following:
2.1 Definitions from the IRPA and the IRPR
For the purposes of this Agreement:
- words used in this Agreement which are defined in the IRPA or in the Immigration and Refugee Protection Regulations (hereinafter referred to as the "IRPR"), have the same meaning as in the IRPA or the IRPR;
- a reference to the IRPA or the IRPR is a reference to the 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 will prevail.
2.2 Definitions in this Agreement
For the purposes of this Agreement:
- “Agreement” means these General Provisions and Annex A attached hereto as may be amended from time to time;
- “Convention Refugee” is a person defined under section 96 of the IRPA;
- “Designated Representatives” are the primary contacts for both Canada and Newfoundland and Labrador who are responsible for the interpretation, inquiries, and requests for amendments of this Agreement;
- “Dispute” means a conflict or disagreement between the Parties respecting:
- the interpretation, application, implementation of this Agreement, or the IRPA or IRPR;
- a breach or anticipated breach of this Agreement;
- “Focal Points” means the primary contacts for the Parties responsible for monitoring the implementation of the Annex under this Agreement; this includes the interpretation, inquiries, and request for amendments of the Annex, addressing any issues that arise, and compliance with the provisions of the Annex;
- “French Speaking Immigrant” means an Immigrant whose mother tongue is French, or whose first official language in Canada is French if their mother tongue is a language other than French or English;
- “Immigrant” means a permanent resident, 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;
- “Minority Official Languages Communities” means French speaking communities in Newfoundland and Labrador;
- “Party” means Canada or Newfoundland and Labrador and “Parties” means Canada and Newfoundland and Labrador;
- “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 will no longer be accepted by the Department of Citizenship and Immigration and returned; and that processing will 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;
- “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 disabilities; and/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, that the persons 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:
- maintain and enhance a positive relationship between Canada and Newfoundland and Labrador related to the appropriate level and composition of Immigrants to the Province, acknowledging their respective roles for the promotion, recruitment, selection and admission of Immigrants and Temporary Residents, and the settlement and integration of Immigrants to Newfoundland and Labrador;
- respond to Newfoundland and Labrador’s current and emerging social, demographic, economic development and labour market priorities through immigration policies and programs; recognizing the role of immigration in supporting the economic development of communities in Newfoundland and Labrador, including French Speaking Immigrant communities;
- support the successful social and economic integration and settlement of Immigrants in Newfoundland and Labrador 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 Newfoundland and Labrador;
- 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 programs of Canada and Newfoundland and Labrador through enhanced cooperation in information sharing, research, and evaluation and through the respective monitoring and reporting processes of the Parties; and
- facilitate good governance in relation to this Agreement.
3.3.1 Together with the General Provisions, the following Annex forms part of this Agreement:
Annex A – Provincial Nominees.
3.3.2 The Parties agree to negotiate in good faith and in a timely fashion, additional Annexes to this Agreement or updates to the existing Annex that reflect the broad objectives of this Agreement.
4.0 Immigration Planning and Programs
4.1 Canada will establish national immigration policies and develop immigration levels plans in consultation with Newfoundland and Labrador and other provinces and territories, taking into consideration any joint federal-provincial/territorial approaches to immigration levels planning, and Newfoundland and Labrador’s immigration planning, including its demographic, social, cultural and economic objectives.
4.2 Newfoundland and Labrador will provide Canada with an annual Provincial Nominee Program plan in advance of consultations, to be considered in developing Canada’s projections for Canada’s immigration levels planning/projections; and consult with Canada on Newfoundland and Labrador’s overall immigration needs to support the development of the annual levels plan.
4.3 In developing its annual delivery plan for Canada’s immigration levels plan, Canada will consult and take into consideration:
- Newfoundland and Labrador’s specific targets for Provincial Nominees and Canada’s annual targets for government assisted Refugees as they relate to Newfoundland and Labrador; and
- Newfoundland and Labrador’s objectives for all other classes of permanent and Temporary Residents, where applicable.
4.4 Each year, following federal Cabinet approval of the Annual Report to Parliament on Immigration, Canada will confirm Newfoundland and Labrador's nominations allocation for the following calendar year.
4.5 The Parties will 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 will collaborate to enhance the vitality of Minority Official Languages Communities through:
- Promotion, recruitment 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 Minority Official Languages Communities to receive French Speaking Immigrants and facilitating the economic, social and cultural integration of French Speaking Immigrants into Canadian society.
4.6 Canada will make all reasonable efforts to proactively manage the delivery of the immigration program to achieve the targets of Newfoundland and Labrador’s Provincial Nominee Program levels plan bearing in mind federal priorities.
4.7 Canada will cooperate with Newfoundland and Labrador to provide opportunities to provincial staff for training, taking into account cost and resource constraints and, if required, negotiating cost shared approaches.
4.8 Newfoundland and Labrador will plan to receive a share of Refugees to be resettled in the province. While this share is not expected to exceed Newfoundland and Labrador’s percentage share of total immigration, the need for flexibility in responding to emerging humanitarian needs is recognized. Through collaboration with Canada, Newfoundland and Labrador agrees to receive a proportion of Refugees who are:
- Special Needs Persons;
- Vulnerable Persons; or
- Persons in Urgent Need of Protection.
4.9 In assigning a share of Refugees to Newfoundland and Labrador, Canada agrees to:
- take into account, the potential financial and program impact on Newfoundland and Labrador resulting from the variations in the share of Persons in Urgent Need of Protection, and Vulnerable and Special Needs Persons to be settled in Newfoundland and Labrador; and
- provide notice of arrival as early as possible, ensure arrivals are spread throughout the year where practical, and work with Newfoundland and Labrador to coordinate communications with the community and stakeholders.
5.0 Consultations and Local Government
5.1.1 The Parties agree that consultation is necessary to help both Parties address their needs and objectives related to immigration.
5.1.2 The Parties will 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 Newfoundland and Labrador’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; identified issues in shared immigration planning, information sharing and bilateral international arrangements. Where applicable, Newfoundland and Labrador will consult with Canada on changes proposed by Newfoundland and Labrador and the conformity of these changes with provisions of the IRPA and the IRPR.
5.1.3 Newfoundland and Labrador agrees to consult with Minority Official Languages Communities 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.
5.1.4 Newfoundland and Labrador will participate in multilateral consultation processes associated with developing or promoting national immigration initiatives.
5.1.5 The Parties will consult on the development and implementation of national measures to recognize immigration representatives. Canada recognizes Newfoundland and Labrador’s right to develop and implement its own measures consistent with provincial jurisdiction and federal legislation.
5.2 Local Government
5.2.1 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 Newfoundland and Labrador and in ensuring that communities are welcoming and inclusive.
5.2.2 The Parties agree to work cooperatively with Local Governments in Newfoundland and Labrador to explore issues related to their respective interests in immigration and pursue opportunities related to communities’ interests in immigration.
6.0 Promotion and Recruitment
6.1 The Parties will 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 Newfoundland and Labrador‘s interest in immigration to meet its demographic, social, cultural and economic objectives.
6.1.1 The Parties agree, subject to resource constraints, to co-operate in the targeted promotion and recruitment of Immigrants and Temporary Residents, including Provincial Nominees and temporary foreign workers by working together in the following areas:
- Newfoundland and Labrador will provide Canada with Newfoundland and Labrador’s annual Provincial Nominee levels plan and objectives, and Canada will ensure that its Citizenship and Immigration Canada offices abroad are informed about Newfoundland and Labrador’s plan and objectives; and
- Newfoundland and Labrador will endeavour to provide Canada with information regarding the province’s demographic, educational, labour market and other needs, and Canada will endeavour to provide information to Newfoundland and Labrador about optimum recruitment opportunities through Citizenship and Immigration Canada offices abroad in order to meet Newfoundland and Labrador’s immigration needs.
6.1.2 In furtherance of the objectives of this Agreement, Newfoundland and Labrador may undertake recruitment initiatives including:
- participation at trade fairs and other targeted missions, including those targeting potential French Speaking Immigrants;
- development of promotional materials describing the nature and quality of life in Newfoundland and Labrador;
- provision of information on a Newfoundland and Labrador-maintained website to prospective Immigrants who intend to reside and work in Newfoundland and Labrador;
- preparation of information for staff working in Citizenship and Immigration Canada Offices abroad to assist in identifying promotion and recruitment opportunities;
- consultation with representatives of Minority Official Languages Communities in Newfoundland and Labrador;
- consultation with regional and community representatives; and
- targeted promotion to Temporary Residents present in Newfoundland and Labrador (international students, temporary workers and visitors).
6.1.3 Canada agrees to make efforts, where possible, to assist Newfoundland and Labrador to identify prospective Immigrants and Temporary Residents to fulfill Newfoundland and Labrador’s targets in its labour market strategy and Provincial Nominee levels plan as agreed upon by both Parties, subject to operational and resource constraints. This includes:
- providing information to potential applicants in permanent and temporary streams through Canada’s immigration-related websites to visit the Newfoundland and Labrador website;
- displaying Government of Newfoundland and Labrador promotional materials provided by Newfoundland and Labrador, where practical, at selected Citizenship and Immigration Canada Offices abroad;
- supporting provincially initiated missions to attract Immigrants within the limits of mission resources;
- inviting Newfoundland and Labrador to participate in promotional exercises with Citizenship and Immigration Canada staff abroad to communicate the province’s specific needs and opportunities; and
- assisting Newfoundland and Labrador in identifying overseas labour market and demographic information, as available, to assist in niche market recruitment.
6.1.4 Newfoundland and Labrador may enter into agreements with third parties for the purposes of promotion and recruitment and in so doing will:
- require third parties to respect the terms and conditions of this Agreement; and
- advise Canada of such agreements.
6.1.5 Subject to 6.1.4, this Agreement does not preclude either Party from undertaking promotion and recruitment activities independently.
6.1.6 Newfoundland and Labrador will consult with Canada before entering into any agreement or arrangement with another entity where that agreement or arrangement may result in policy changes that would have a material effect on this Agreement.
7.0 Selection and Inadmissibility
7.1 Recognizing 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 Newfoundland and Labrador in nominating Provincial Nominees;
- determining Refugee status;
- prescribing classes of permanent residents and Temporary Residents; and
- defining and determining which persons are inadmissible to Canada.
7.2 Newfoundland and Labrador’s authority to nominate Provincial Nominees is established under Annex A of this Agreement.
7.3 Newfoundland and Labrador will be consulted and have the opportunity to provide input on selection and policies, taking into account the specific goals of and unique conditions in the province, the need to maintain national standards, and the resource constraints of Canada.
7.4 Newfoundland and Labrador will be responsible for the assessment and nomination of Provincial Nominees. Canada will respect the nomination decision of Newfoundland and Labrador 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 Newfoundland and Labrador.
7.5 Canada may notify Newfoundland and Labrador in cases where an application has been made for a visitor visa where the applicant is applying to come to Canada for the distinct purpose of receiving medical care and where the applicant may potentially be assessed as medically inadmissible to Canada.
7.6 Canada has the sole authority to decide whether persons who are determined to be medically inadmissible should be permitted to come to or remain in Canada and may issue a Temporary Resident permit where an officer determines it is justified.
7.7 Subject to applicable Federal or Provincial legislation relating to the protection of privacy, Canada may consult Newfoundland and Labrador on medically inadmissible cases in or destined for Newfoundland and Labrador in instances where Canada is considering issuance of a Temporary Resident permit. Newfoundland and Labrador may make recommendations on whether a Temporary Resident permit should be issued in these cases.
7.8 Where Newfoundland and Labrador does not require paragraph 7 consultations or notification for specified groups of medically inadmissible cases, Newfoundland and Labrador shall provide notice in writing to Canada.
8.0 Settlement, Integration and Refugee Resettlement
8.1 The Parties are committed to facilitating the full participation of Immigrants and Refugees in the economic, social, cultural and civic spheres of Canadian society.
8.2 The Parties will work together to develop a settlement Memorandum of Understanding based on the Federal-Provincial-Territorial Multilateral Framework for Bilateral Settlement Partnership to Support Newcomer Integration.
8.3 Canada will work with Newfoundland and Labrador to support better recognition of the foreign qualifications, skills and work experience of permanent residents and their more rapid integration into the labour market.
8.4 The Parties will coordinate their efforts to support the successful settlement and integration of Refugees, particularly with regard to reception, health, education and social services.
9.1 The Parties recognize the importance of an inclusive, diverse and cohesive society which may be advanced through the principles of multiculturalism.
10.1 The Parties will work together to promote full participation of Immigrants in Newfoundland and Labrador 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.
11.1.1 The Agreement Management Committee (AMC) will oversee the implementation of this Agreement, including discussion and exchange of information, Dispute management and resolution, 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 this Agreement.
11.1.2 An AMC, with two co-chairs, the Senior Official Responsible for the Office of Immigration and Multiculturalism, Department of Advanced Education and Skills, Newfoundland and Labrador, and the Assistant Deputy Minister, Strategic and Program Policy, Citizenship and Immigration Canada, or their designates where mutually agreed upon, will be established to oversee implementation of this Agreement. Other members of the AMC shall include Local, Regional and National Headquarters, Citizenship and Immigration Canada officials; and, as appropriate, representatives of other federal departments and provincial ministries responsible for programs and services related to immigration.
11.1.3 The AMC will hold a face-to-face meeting or teleconference call at least once a year. The purpose of these meetings will be to engage in broad discussions relating to the overall management of this Agreement and innovative approaches to addressing immigration matters.
11.1.4 The AMC may establish federal-provincial ad hoc groups or sub-committees, with third-party participation if appropriate, for the purpose of implementing this Agreement.
11.2 Multilateral Forums
11.2.1 Nothing in this Agreement is intended to preclude the Parties from fully participating in multilateral forums. Decisions made in the multilateral forums will not supersede the terms agreed upon in this Agreement; however, both Parties agree to make best efforts to make them complementary.
11.3 Dispute Management and Resolution Process
11.3.1 The Parties are committed to working together to implement this Agreement. Both Parties are committed to respecting and supporting the objectives and principles of the IRPA and share the following objectives:
- To prevent Disputes;
- To work together to minimize Disputes;
- To identify Disputes quickly and to resolve them expeditiously, at the lowest officials level possible, in a fair, open and transparent manner; and
- To resolve Disputes in a non-adversarial, collaborative and informal manner whenever possible.
11.3.2 In the case of a Dispute or disagreement under this Agreement, the Designated Representatives will attempt to resolve the matter through information sharing, communications and informal discussions. In the event that the Designated Representatives are unable to resolve the Dispute expeditiously, it will be referred to the AMC Co-Chairs, accompanied by relevant facts and steps taken to reach resolution. Such procedures will 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 30 days of being raised with the AMC Co-Chairs, the Parties will jointly determine next steps.
11.3.3 Either Party may refer the matter to the Deputy Ministers by providing him/her with a written notice.
11.3.4 Both Parties will exchange all relevant information and engage in bilateral discussions in an attempt to clarify and resolve the Dispute. Deputy Ministers will:
- provide equal opportunities for representation by each Party;
- attempt to resolve Disputes within 30 days; and
- ensure clarity for the implementation of final decisions.
11.3.5 Should the Dispute be resolved, Deputy Ministers will oversee drafting of a short report identifying the issues that have been resolved, specific actions and timelines required to implement the resolution.
11.3.6 If Deputy Ministers are unable to resolve the Dispute within 30 days from the date of its referral to them, they would determine the appropriate course of action for its resolution, including elevating the Dispute to Ministers.
11.3.7 Ministers will provide advice and direction to their officials on an appropriate course of action to resolve the Dispute.
11.3.8 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.
11.4 Information Sharing
11.4.1 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, and statistical reports of mutual interest; and
- supporting policies, strategies and programs through information sharing.
11.4.2 Terms and Conditions surrounding information sharing under this Agreement are governed by the separate Canada-Newfoundland and Labrador Information Sharing Memorandum of Understanding.
11.4.3 The Parties agree to promote immigration research, to consult annually on research priorities and planned research activities, and to co-operate on common research initiatives as appropriate.
11.5 Program Integrity
11.5.1 The Parties will be responsible for ensuring 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;
- 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.
11.5.2 The Parties recognize the importance of evaluating the programs, policies and initiatives that are implemented under this Agreement in order to design or improve 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.
11.5.3 Annex A establishes the evaluation and audit requirements specific to the program and the corresponding accountabilities of the Parties.
11.5.4 In addition to the requirements specified in Annex A, the Parties agree to:
- exchange, on an annual basis, evaluation plans that outline the planned evaluations for activities 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.
11.6.1 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.
11.6.2 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.
11.7 Term and Amendments
11.7.1 The French and English language versions of this Agreement are equally authoritative.
11.7.2 This Agreement will be valid for five (5) years from the date of its coming into force.
11.7.3 The Parties agree to review the effectiveness of this Agreement no later than twelve (12) months prior to expiry.
11.7.4 Upon mutual consent of both Parties in writing, the term of this Agreement can be extended at any time prior to its expiry, subject to any required approval or authorization including the approval of the Governor in Council.
11.7.5 This Agreement may be amended by the mutual written consent of the Parties, subject to any required approval or authorization, including the approval of the Governor in Council.
11.7.6 Either Party may terminate this Agreement at any time by providing to the other Party twelve (12) months written notice of termination. Notwithstanding a termination of the Agreement under this Section, the General Provisions will remain in effect during the 12 month period following the notice of termination. Upon a Party providing notice of termination, the Agreement Management Committee shall negotiate a transition strategy.
11.7.7 Specific arrangements for duration, amendments and termination as detailed in Annex A to this Agreement take precedence over sections 11.7.2, 11.7.4, 11.7.5 and 11.7.6. The termination of Annex A to this Agreement does not affect the continuation of the General Provisions. Similarly, the termination of the General Provisions does not affect the continuation of Annex A, and all of the provisions of this Agreement necessary to give full force and effect to the intent of Annex A will survive any termination of the Agreement where that Annex is not also terminated.
11.7.8 In keeping with the purpose and objectives of this Agreement, Canada will be open and transparent concerning agreements reached with other provinces and territories respecting immigration. Upon request by Newfoundland and Labrador, Canada will negotiate amendments to this Agreement in order to afford similar treatment to Newfoundland and Labrador, taking into consideration the different needs and circumstances of Newfoundland and Labrador.
11.7.9 The commitments pursuant to this Agreement will not be interpreted by either Party to impose legal, financial or other obligations beyond whatever specific arrangements and conditions are already in operation or are mutually agreed upon.
11.7.10 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.
11.7.11 This Agreement will come into force when signed by the last of the Parties to do so.
11.7.12 Upon signature of this Agreement by the last of the Parties to this Agreement, the 2006 Canada-Newfoundland and Labrador Agreement on Provincial Nominees is terminated and replaced by Annex A to this Agreement.
12.1 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
Citizenship and Immigration Canada
365 Laurier Avenue West
Ottawa, Ontario K1Z 1L1
Address for notice to Newfoundland and Labrador
Department of Advanced Education and Skills
P.O. Box 8700
St. John's, Newfoundland and Labrador A1B 4J6
Director, Office of Immigration and Multiculturalism
Manager, Office of Immigration and Multiculturalism
12.2 Either Party may from time to time change a Designated Representative by giving notice in accordance with this Agreement.
12.3 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 will be deemed to have been received on delivery; any notice sent by electronic mail or facsimile will be deemed to have been received one working day after having been sent; and any notice mailed will 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 John McCallum
Minister of Citizenship and Immigration
For the Government of Newfoundland and Labrador
The Honourable Gerry Byrne
Minister of Advanced Education and Skills
The Honourable Dwight Ball
Minister for Intergovernmental Affairs or his Authorized Designate
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