Canada-Newfoundland and Labrador Immigration Agreement - Annex A

Annex A: Provincial Nominees

2016


1.0 Purpose and Objectives

1.1 The purpose of this Annex is to define the roles and responsibilities of Canada and Newfoundland and Labrador in relation to the Provincial Nominee Class as described in section 87 of the Immigration and Refugee Protection Regulations (IRPR) and, in accordance with section 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 Newfoundland and Labrador.

1.2 In the event of a conflict between this Agreement and the IRPA, the IRPR, or Ministerial Instructions given under the IRPA, Canada and Newfoundland and Labrador agree that the IRPA, the IRPR, or Ministerial Instructions shall prevail.

1.3 The objectives of this Annex are:

  • 1.3.1 To strengthen Newfoundland and Labrador’s ability to enhance the economic benefits of immigration to the province taking into account Newfoundland and Labrador’s economic priorities as well as the development of Minority Official Languages Communities in the province;
  • 1.3.2 To recognize that the Provincial Nominee Program, as established by section 87(1) of the IRPR and this Annex A, provide for the establishment of a jointly administered immigration program, where:
    • Newfoundland and Labrador is responsible for:
      1. the recruitment and nomination of Provincial Nominees on the basis of their ability and intention to economically establish and settle in Newfoundland and Labrador;
      2. the promotion of Newfoundland and Labrador’s Provincial Nominee Program;
      3. the integrity of the Newfoundland and Labrador Provincial Nominee Program;
      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 Newfoundland and Labrador;
    • 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;
      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.
  • 1.3.3 To admit Newfoundland and Labrador Provincial Nominees for permanent residence as expeditiously as possible, taking into account:
    • Newfoundland and Labrador’s annual immigration levels plan including its provincial nominee plan;
    • Canada’s projected annual immigration levels plan as per s.94 of the IRPA;
    • The number of provincial nomination certificates issued in each calendar year, as referred to in section 3.2;
    • Legislative and regulatory requirements, including Ministerial Instructions; and
    • Operational and resource constraints.

2.0 Shared Principles

2.1 Canada and Newfoundland and Labrador agree to abide by and uphold the following shared principles:

  • 2.1.1 Newfoundland and Labrador is best positioned to:
    • determine the specific economic and labour market needs of Newfoundland and Labrador vis-à-vis immigration; and
    • 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 Newfoundland and Labrador.
  • 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 s. 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 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 Newfoundland and Labrador;
  • 2.1.3 Canada is responsible for the creation of immigration classes within the legislation; Newfoundland and Labrador is responsible for the design, 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 Newfoundland and Labrador, 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 all provinces and territories equitably and as expeditiously as possible within the national levels plan, subject to the provisions of section 3.2, operational and resource constraints, and balancing multiple competing priorities including as reflected in Ministerial Instructions issued under s.87.3 of the IRPA;
  • 2.1.5 Canada and Newfoundland and Labrador agree on the importance of the following shared principles:
    • the Provincial Nominee Program as a strategic tool for significant economic benefit in the region;
    • proactively encouraging the development of Minority Official Language Communities;
    • communication and collaboration to ensure program integrity, effective management and successful outcomes;
    • program integrity activities in maintaining the integrity of the Provincial Nominee Program;
    • 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
    • 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.

3.0 Planning and Reporting

3.1 Newfoundland and Labrador will develop a Provincial Nominee Program plan based on the shared principles agreed to by the parties in section 2.1. Newfoundland and Labrador may submit this plan to Canada on an annual basis and in advance of consultations, to be considered in developing Canada’s projections for Canada’s immigration levels planning. In establishing its Provincial Nominee Program plan, Newfoundland and Labrador 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 Newfoundland and Labrador’s Provincial Nominee Program plan into Canada’s immigration plan. The number of Provincial Nominee Program nominations as set by Canada in consultation with Newfoundland and Labrador, subject to the principles outlined in section 2.1.2, may be adjusted at any time during the year upon agreement by both Parties. Any nominations issued above the agreed upon amount for any given calendar year will be retained by the province until the following calendar year. In the event that a greater number of certificates are received by Canada than was agreed upon for the current calendar year, the excess certificates will be returned to Newfoundland and Labrador. Newfoundland and Labrador will be responsible for advising those Provincial Nominees affected that their certificates have been returned and will be held by Newfoundland and Labrador until January 1 of the following year. By September 30, or periodically as agreed to by both Parties, Newfoundland and Labrador will inform Canada of its progress in issuing certificates for the current calendar year.

3.3 Reporting on Newfoundland and Labrador levels planning will be undertaken as follows:

  • 3.3.1 By March 31st of each year, Newfoundland and Labrador will provide Canada with an annual report for the preceding year on Newfoundland and Labrador’s Provincial Nominee Program plan and the results achieved based on calendar year; and
  • 3.3.2 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 national performance framework outlined in section 7.2.

3.4 The parties undertake to give one another notice 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 Newfoundland and Labrador has the sole and non-transferable responsibility to assess and nominate candidates who, in Newfoundland and Labrador’s determination:

  • 4.1.1 Will be of benefit to the economic development of Newfoundland and Labrador; and
  • 4.1.2 Have the ability and intention to economically establish and permanently settle in Newfoundland and Labrador subject to sections 4.2 through 4.8.

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

4.3 Newfoundland and Labrador will provide Canada with all necessary information regarding the criteria, policies and procedures that it has established for the categories under its Provincial Nominee Program, as outlined in Schedule B, prior to the introduction and/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 Newfoundland and Labrador 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 Newfoundland and Labrador prior to the start of the review process, taking into account resource constraints. The period of this review will vary according to the complexity of the proposed changes. Newfoundland and Labrador will only implement the new or amended Provincial Nominee Program stream, category or pilot project once Canada and Newfoundland and Labrador have reached agreement.

4.4 Provincial Nominee applicants will be nominated solely on the basis of economic benefit to Newfoundland and Labrador and their ability and intention of becoming economically established and residing in Newfoundland and Labrador. Economic establishment will be determined on the basis of factors such as: current job or job offer, language ability, work experience, education and training, and business ownership experience.

4.5 Non-economic factors, including but not limited to family connections or community ties, shall not constitute an eligibility condition or determining factor under any stream or category under the Provincial Nominee Program. Non-economic factors may only be used to assess the applicant's ability to adapt, likelihood to reside and/or settle in the nominating province.

4.6 Newfoundland and Labrador agrees to maintain the minimum language standards implemented on July 1, 2012 for Provincial Nominees at NOC skill levels C and D and to work towards establishing minimum language standards and mandatory testing for all other Provincial Nominees.

  • 4.6.1 For those streams, categories or occupations subject to minimum language standards and mandatory testing, Newfoundland and Labrador will ensure that nominations are based on valid language test results. Newfoundland and Labrador 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:
    • In the case of an applicant who has a job offer for an occupation listed in Skill Level C or Skill Level D of the National Occupational Classification, or has acquired work experience in one or more occupations that are listed in Skill Level C or Skill Level D 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.
  • 4.6.2 As applicants in other streams, categories or occupations become subject to minimum language standards and mandatory testing, Newfoundland and Labrador will follow the same process as outlined in section 4.6.1 to ensure that these applicants have obtained proficiencies for their abilities to speak, listen, read and write that correspond to agreed upon benchmarks.
  • 4.6.3 Applications for permanent residence which require the submission of language test results as per section 4.6.1a 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.

4.7 In exercising its nomination authority under this Agreement, Newfoundland and Labrador will apply the criteria for nomination referred to in sections 4.1 through 4.6 and follow the policy and procedures established by Newfoundland and Labrador, 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 this Agreement and this Annex. These criteria will be applied to all individuals applying under the Newfoundland and Labrador Provincial Nominee Program and Newfoundland and Labrador does not have the authority to waive these criteria.

4.8 Newfoundland and Labrador will not issue a nomination certificate to:

  • 4.8.1 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 Newfoundland and Labrador;
  • 4.8.2 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.

4.9 Newfoundland and Labrador is responsible for verifying that all documentation supporting a nomination is genuine.

4.10 Newfoundland and Labrador 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 11.4 of the General Provisions of the Agreement.

4.11 Newfoundland and Labrador is responsible for conducting due diligence to ensure that the applicant has the ability and intention to become economically established and settle in Newfoundland and Labrador. 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 Newfoundland and Labrador and to substitute its evaluation of the applicant’s ability and intention to become economically established in Canada pursuant to sub-section 87(3) of the IRPR. In exercising its responsibilities under sections 4.14 and 4.17 and sections 6.1 to 6.6, Canada may also seek clarification and request documentation from Newfoundland and Labrador on its assessment, the record of which is required under sections 4.10 and the Canada-Newfoundland and Labrador Information Sharing Memorandum of Understanding.

4.12 Newfoundland and Labrador will issue a dated nomination certificate number, valid in accordance with Newfoundland and Labrador’s administrative requirements, for each Provincial Nominee. The nomination certificate will specify information including but not limited to the category under which the nomination has been made. For security reasons, Newfoundland and Labrador will forward a record of the certificate, by electronic means, to the location specified by Canada. A nomination certificate received directly from the candidate or other parties will not be accepted as evidence pursuant to sections 4.1 and 4.14. Nominees must file an application for immigration within the time limit specified on the nomination certificate.

4.13 On a five year schedule, Newfoundland and Labrador will conduct an independent and objective audit of the activities to implement sections 4.1 to 4.12 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:

  • 4.13.1 Audits will be consistent with the standards established by the Institute of Internal Auditors.
  • 4.13.2 Newfoundland and Labrador will consult with Canada on the terms of reference for the audit.
  • 4.13.3 Newfoundland and Labrador will provide the results of audits, including the management responses, to Canada.
  • 4.13.4 Newfoundland and Labrador shall undertake the audit as described in section 4.13 within one (1) year of this agreement taking effect, unless such an activity was completed within the previous three (3) years.

4.14 Canada shall consider Newfoundland and Labrador’s nomination as evidence that Newfoundland and Labrador has carried out its due diligence determining that an applicant will be of economic benefit to Newfoundland and Labrador and has met the requirements of Newfoundland and Labrador’s Provincial Nominee Program.

4.15 Subject to section 3.2, Canada agrees to process applicants nominated for Permanent Resident status by Newfoundland and Labrador 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 as reflected in Ministerial Instructions issued under s.87.3 of the IRPA.

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

4.17 Upon receipt of the application for permanent residence, together with the Certificate of Nomination from Newfoundland and Labrador, Canada will:

  • 4.17.1 Determine the eligibility of the nominee as a member of the Provincial Nominee Class pursuant to s. 87 of the IRPR;
  • 4.17.2 Determine the admissibility of the nominee and his or her dependants with respect to legislative requirements; and
  • 4.17.3 Issue permanent resident visas to Provincial Nominees and accompanying dependants who meet all the requirements of the Newfoundland and Labrador Provincial Nominee Program and the eligibility and admissibility requirements of the IRPA and the IRPR.

4.18 Should Canada determine that an individual nominated by Newfoundland and Labrador is likely to be refused a permanent resident visa based on the applicant’s inability to meet the requirements of the Newfoundland and Labrador Provincial Nominee Program and the requirements of membership in the Provincial Nominee class as per the IRPR and this Agreement, Newfoundland and Labrador will be notified as soon as possible, taking into consideration local operating environments, and Newfoundland and Labrador will be consulted regarding the reasons for possible refusal.

4.19 Newfoundland and Labrador 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 60 days from the date of being advised by Canada.

4.20 In all cases where Canada determines that an individual nominated by Newfoundland and Labrador does not meet the admissibility requirements of the IRPA, Canada will refuse without notifying Newfoundland and Labrador before the final decision. Canada will forward a copy of the refusal letter to Newfoundland and Labrador. The refusal letter will include the reason(s) for which the application was refused.

4.21 Canada and the province are committed to working together to assure program integrity. Given the importance of communication and cooperation between Canada and Newfoundland and Labrador in assuring program integrity, where Canada has refused an applicant on the basis of misrepresentation under section 40 of the IRPA and Canada has provided Newfoundland and Labrador with the records of its decision as set out in section 4.20, Newfoundland and Labrador shall examine the information provided by Canada, conduct its own review of the relevant application in accordance with its policies and procedures, and withdraw its nomination where it has confirmed that misrepresentation has occurred. For further clarity, Canada understands that any such determination by Newfoundland and Labrador may be subject to an applicant’s right of formal review, which may stay the nomination’s withdrawal pending the formal review’s confirmation of misrepresentation.

5.0 Admission as a Temporary Resident

5.1 Where an individual is nominated by Newfoundland and Labrador and is employed or has received a job offer from an employer in that province, or has been nominated under a provincial business stream and intends to establish a business as their ongoing economic activity in Newfoundland and Labrador, Canada may issue a work permit pursuant to the IRPR, if the work permit application includes a letter from Newfoundland and Labrador that:

  • 5.1.1 requests Canada to issue a work permit;
  • 5.1.2 states that the nominated individual is urgently required by the employer, or in the case of a business nominee that there are compelling reasons to authorize the business activities of the nominee before permanent resident processing is complete; and
  • 5.1.3 determines that:
    • In the case of employment or a job offer, that:
      1. the job offer is genuine and the job offer will create economic benefits or opportunities;
      2. the employment is not part-time or seasonal;
      3. the wages and working conditions of the employment would be sufficient to attract and retain Canadian citizens; or
    • In the case of a business nominee, that:
      1. Their admission to Canada to begin establishing or operating a business would generate significant economic, social or cultural benefits or opportunities for Canadian citizens or permanent resident in Newfoundland and Labrador.

5.2 Where Newfoundland and Labrador is considering an application for nomination under the business category of the Provincial Nominee Program and is of the opinion that entry of a foreign national under that application to carry out business activity is of significant benefit to Newfoundland and Labrador, Newfoundland and Labrador may support an application for a temporary work permit pursuant to section 205(a) of the IRPR, with a letter indicating that:

  • 5.2.1 the foreign national is being considered for nomination for permanent residence based on their stated intention to conduct business activity in the province;
  • 5.2.2 Newfoundland and Labrador is of the opinion that the planned business activity will be of significant benefit to the province; and,
  • 5.2.3 in providing a letter of support under 5.2 of this Annex, Newfoundland and Labrador may request that Canada issue a temporary work permit for a specific period, up to a maximum of two (2) years.

5.3. Where a temporary work permit issued under section 5.2 of this Annex is due to expire and Newfoundland and Labrador has nominated that foreign national and the foreign national has applied for permanent residence and has been found eligible, Newfoundland and Labrador may request that Canada issue a temporary work permit to that foreign national pursuant to section 205(a) of the IRPR.

5.4. Newfoundland and Labrador will be responsible for conducting due diligence to ensure the genuineness of the job offer and that the individual is urgently required by the employer; or in the case of a business nominee, that the business plan is economically viable and that there are compelling reasons to authorize the business activities of the nominee prior to completion of permanent residence processing.

5.5. Notwithstanding sections 5.1 and 5.2, the individual nominated by Newfoundland and Labrador must meet all other IRPA/IRPR requirements, including admissibility, required for the issuance of a work permit

6.0 Program Integrity

6.1 Newfoundland and Labrador is responsible for fraud detection and deterrence in the administration of its Provincial Nominee Program. To ensure the integrity of the program, Newfoundland and Labrador will conduct quality assurance exercises on a periodic basis and implement changes to their program as necessary in a timely manner.

6.2 Subject to section 11.4 of the General Provisions of the Agreement, Canada and Newfoundland and Labrador 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;
  • 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 Newfoundland and Labrador 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 targeting program integrity training.

6.4 Newfoundland and Labrador will report instances of suspected or confirmed fraud, and/or misrepresentation involving, but not limited to, applicants, employers, third party immigration representatives and educational institutions to Canada without delay, subject to section 11.4 of the General Provisions of the Agreement.

6.5 Where suspected or confirmed fraud and/or misrepresentation has been identified by either Party, Newfoundland and Labrador will provide, upon request by Canada, case-specific information, including information relating to administration of the Provincial Nominee Program, in order to make informed decisions about disposition of these cases and in the furtherance of the integrity of the program.

6.6 Canada and Newfoundland and Labrador will share information on current and planned activities that support quality assurance and program integrity and, upon request, share the results of these activities with the other Party.

7.0 Program Evaluation

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

7.2 Canada will consult with all jurisdictions, including Newfoundland and Labrador, in the development of a national Provincial Nominee Program Performance Measurement framework. Canada, the Provinces, and 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. Newfoundland and Labrador 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 Newfoundland and Labrador’s Provincial Nominee Program Annual Report referenced in section 3.3.1. 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 Canada will develop a national Provincial Nominee Program Evaluation framework to guide federal evaluations in consultation with all jurisdictions that have a Provincial Nominee Program, including Newfoundland and Labrador. The national evaluation framework will include, but not be limited to, the common definitions, performance indicators and data collection methodologies agreed upon during the development of the common performance measures by the jurisdictions, including Newfoundland and Labrador.

7.4 On a five-year schedule, Newfoundland and Labrador will conduct a rigorous evaluation of its Provincial Nominee Program that utilizes both qualitative and quantitative methodologies and multiple lines of evidence. 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 Newfoundland and Labrador’s Annual Report as per Schedule A. Newfoundland and Labrador will provide a copy of the evaluation, which will include a description of methodologies used, to Canada upon completion.

7.5 In addition to the data reported annually under section 7.2, and 3.3.1, Newfoundland and Labrador will ensure that the requisite national evaluation information as identified in section 7.3 is available. Newfoundland and Labrador 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.

7.6 Subject to section 11.4 of the General Provisions of the Agreement, Canada and Newfoundland and Labrador agree to share information on prospective and actual permanent resident admissions to aid in the evaluation and management of Newfoundland and Labrador’s Provincial Nominee Program.

7.7 Newfoundland and Labrador 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 Exchange

8.1 Canada and Newfoundland and Labrador agree to share information regarding the nominee’s application for the purposes of planning and development, program administration, program integrity, and monitoring and evaluation.

8.2 As per section 11.4 of the General Provisions of the Agreement, Terms and Conditions governing the information sharing under this Annex are established under the Canada-Newfoundland and Labrador Information Sharing Memorandum of Understanding.

8.3 Newfoundland and Labrador will provide monthly nomination reports to Canada.

8.4 Canada will provide monthly reports on the processing and permanent resident admissions of Provincial Nominees destined to Newfoundland and Labrador.

9.0 Dispute Management and Resolution

9.1 In the case of a Dispute under this Annex, Canada and Newfoundland and Labrador agree to follow the Dispute management and resolution process provided for in section 11.3 of the General Provisions of the Agreement.

9.2 Notwithstanding section 9.1, upon notification in writing, as per section 11.3 of the General Provisions of the Agreement that a Dispute exists regarding the interpretation or implementation of the IRPA, the IRPR and this Agreement as they apply to Provincial Nominees, Canada may, at any time during the Dispute Management Process, 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 Newfoundland and Labrador 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 or misrepresentation in the Newfoundland and Labrador Provincial Nominee Program.

  • 9.2.1 Canada will provide written notification to Newfoundland and Labrador of the date when the Processing Pause will start.
  • 9.2.2 Canada will provide written notification to Newfoundland and Labrador of the date when the Processing Pause will end.

10.0 General

10.1 The designated representatives for the purpose of communication and notification pursuant to this Annex are:

  • 10.1.1 For Canada, the Director, Economic Immigration Policy and Programs, Immigration Branch;
  • 10.1.2 For Newfoundland and Labrador, the Director, of Office of Immigration and Multiculturalism.

10.2 This Annex will take effect when the General Provisions of the Canada-Newfoundland and Labrador Immigration Agreement are signed by both Parties.

10.3 This Annex will remain in effect for five (5) years from the date of the Annex coming into force.

10.4 Upon mutual consent of both Parties in writing, the terms and conditions of this Annex 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.

10.5 This Annex may be amended at any time by the mutual written consent of the Parties, subject to any required approval or authorization including the approval of the Governor in Council.

10.6 Either Party may terminate this Annex at any time by providing at least twelve (12) months notice in writing to the other Party.

Schedule A – Annual Report

Part A: Objectives, Principles and Priorities

  • overview of 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:
    • Nominations Issued and Provincial Processing
      • Nomination certificates issued, by month and by stream
      • Nominees who were Temporary Foreign Workers at time of nomination
      • Newfoundland and Labrador processing: Applications received, Applications declined, Nominations issued, Nominations withdrawn
      • Nominees that have not submitted a Permanent Resident application to Citizenship and Immigration Canada within the validity period of their certificate, by stream
    • Landings, Retention and Economic Outcomes
      • Nominees admitted who have not reported to Newfoundland and Labrador within 3 months of landing
      • Nominees Residing in Newfoundland and Labrador
      • Nominees Employed in Intended Occupations
      • Annual Outcomes of Business Nominees
    • Program Development, Promotion and Recruitment
      • Promotion and recruitment activities, including those targeting development of Official Languages Minority Communities
      • Contribution to development of Official Languages Minority Communities: Nominees reporting French as mother tongue or first official language
    • Program Integrity
      • Accountability tools in place
      • Cases of fraud detected and certificates withdrawn due to fraud
      • Default on good faith deposits/business bonds (business streams)

Part C: Program Integrity

  • summary of Provincial Nominee Program 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 – Changes to Newfoundland and Labrador’s Provincial Nominee Program

Part A: Introduction of a new stream or category

  • Summary:
    • Description of the proposed stream, including type of stream (one of the 6 Global Case Management System categories).
    • What is the expected timeframe for this change?
  • Rationale:
    • What are Newfoundland and Labrador’s goals in creating this stream or category?
    • Why is the introduction of this stream or category required/preferred, as opposed to the modification of an existing stream or category?
    • What would be:
      1. The profile of the ideal candidate for this stream? Who is this stream’s target group?
      2. The projected volume of provincial applications under this stream?
      3. The projected number of nominations under this stream or category, and its share of overall nominations?
  • Analysis:
    • Criteria: Newfoundland and Labrador to submit a table/chart listing the proposed criteria for the stream or category, the rationale for each criterion, and how each requirement will be verified. A template for this chart will be provided by Canada. Newfoundland and Labrador will also provide any rating guide or points grid used to evaluate the criteria established
    • Process: in some cases, Canada may request that Newfoundland and Labrador submit a process map outlining the application process, including documents required at each step, what assessment and verifications will be done at each stage, and identifying decision-makers. Where needed, a template for this process map will be provided by Canada.

Part B: Modification or amendment of the eligibility criteria of an existing stream or category

  • Summary:
    • Description of the proposed changes to the stream or category criteria and/or application process
    • What is the expected timeframe for this change?
  • Rationale:
    • What does Newfoundland and Labrador aim to achieve by making these changes?
    • What impact (if any) does Newfoundland and Labrador anticipate that these changes will have on:
      1. The projected volume of provincial applications?
      2. The number of nominations issued under this stream or category and/or the importance of this stream or category within overall nominations?
      3. The provincial application process?
  • Analysis: Newfoundland and Labrador to submit a table/chart listing the current stream or category criteria, the proposed changes to stream or category criteria, and the rationale for each change. A template for this chart will be provided by Canada. Newfoundland and Labrador will also provide any rating guide or points grid used to evaluate the criteria established.

Part C: Closing/suspension of a current stream or category

  • Summary:
    • Which stream or category is Newfoundland and Labrador planning to close/suspend?
    • What is the effective date of this change?
  • Rationale:
    • Why has Newfoundland and Labrador decided to eliminate/suspend this stream or category?
    • Does Newfoundland and Labrador plan to replace this stream or category, or to refer this applicant population to a different stream or category within the current program?
    • What impact (if any) does Newfoundland and Labrador anticipate that this stream or category closure/suspension will have on:
      1. overall nomination numbers?
      2. the distribution of nominations among the remaining streams?
  • Processing:
    • Is there a current inventory of applications under this stream or category? If so, how large?
    • What are the timeframes for clearing the inventory of applications under this stream or category?
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