2018 Canada-Northwest Territories Agreement on Territorial Nominees

Table of Contents

• 1.0 Preamble
• 2.0 Definitions
• 3.0 Purpose and Objectives
• 4.0 Shared Principles
• 5.0 Planning and Reporting
• 6.0 Assessment and Nomination
• 7.0 Admission as a Temporary Resident
• 8.0. Promotion and Recruitment
• 9.0 Program Integrity
• 10.0 Program Evaluation
• 11.0 Information Exchange
• 12.0 Dispute Management and Resolution
• 13.0 General
• 14.0 Notices
• Schedule A - Annual Report
• Schedule B - Changes to the Northwest Territories Nominee Program
• Appendix A - Dispute Management and Resolution Procedures

---

1.0 Preamble

1.1. The 2018 Canada-Northwest Territories Agreement on Territorial Nominees (hereinafter referred to as the “Agreement”) is between Her Majesty in right of Canada, as represented by the Minister of Citizenship and Immigration (hereinafter referred to as “Canada”) and the Government of the Northwest Territories, as represented by the Minister of Education, Culture and Employment (hereinafter referred to as the “Northwest Territories”);

1.2. 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”) and, thereunder, the Immigration and Refugee Protection Regulations (hereinafter referred to as the “IRPR”);

1.3 and whereas the Canadian Charter of Rights and Freedoms, enacted as Schedule B to the Canada Act 1982, (U.K.) 1982, c.11, establishes:

1. 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
2. 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;

1.4 and whereas the Official Languages Act, R.S.N.W.T. 1988, c.O-1, of the Northwest Territories recognizes 11 official languages within the Northwest Territories, which include: English, French, North Slavey, South Slavey, Inuinnaqtun, Inuktitut, Inuvialuktun, Gwich’in, Cree, Tłı̨chǫ, and Chipewyan;

1.5. and whereas subsection 10(2) of the IRPA requires the Minister of Citizenship and Immigration to consult with the provinces and territories annually with respect to the number of foreign nationals in each class who will become permanent residents each year, their distribution in Canada taking into account regional economic and demographic requirements and the measures to be undertaken to facilitate their integration into Canadian society;

1.6. 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 approval of the Governor in Council, to enter into agreements with provinces and territories for the purposes of the IRPA;

1.7. and whereas the Northwest Territories is authorized to enter into this Agreement with Canada under section 71 of the Legislative Assembly and Executive Council Act, S.N.W.T. 1999, c. 22;

1.8. and whereas the IRPA is designed, among other things, to:

• support the development of a strong and prosperous Canadian economy, in which the benefits of immigration are shared across all regions of Canada;
• 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;

1.9. and whereas the Northwest Territories recognizes the objective of the IRPA to support and assist the development of minority official languages communities in Canada and shares a mutual interest in enhancing the vitality of Minority Official Language Communities in the Northwest Territories;

1.10. and whereas Canada and the Northwest Territories recognize the contribution that Indigenous people of the Northwest Territories make to the demographic, social, humanitarian and economic objectives of the Northwest Territories and acknowledge the long-term benefits of supporting the Indigenous population of the Northwest Territories;

1.11. and whereas Canada and the Northwest Territories recognize the contribution that the Northwest Territories resident population make to the demographic, social, humanitarian and economic objectives of the Northwest Territories and acknowledge the long-term benefits of supporting the Northwest Territories resident population;

1.12. and whereas Canada and the Northwest Territories welcome Immigrants, recognize their contribution to the demographic, social, humanitarian and economic objectives of the country and the Northwest Territories, and acknowledge the long-term benefits of immigration;

1.13. and whereas Canada and the Northwest Territories share a mutual interest in:

• enhancing the role of immigration in addressing demographic, economic and labour market trends in the Northwest Territories;
• planning and coordinating their immigration activities, based on cooperation, consultation and information sharing;
• working in partnership with stakeholders, including federal, provincial, territorial, municipal and Indigenous governments, educational institutions and non-governmental organizations, ethnic organizations, communities, and employers to facilitate the attainment of immigration objectives;

Therefore, Canada and the Northwest Territories agree as follows:

2.0 Definitions

2.1. For the purposes of this Agreement:

• except where otherwise provided in this Agreement, words used in this Agreement which are defined in the IRPA or in the IRPR, have the same meaning as in that Act or those Regulations;
• a reference to the IRPA or the IRPR is a reference to that Act or those Regulations, as amended from time to time;
• “Designated Representatives” are the primary contacts for both Canada and the Northwest Territories who are responsible for the interpretation, inquiries, and requests for amendments of this Agreement;
• “Dispute” means a conflict or disagreement between the Parties that the Designated Representatives have been informed of in writing as per clause 3.1 of Appendix A – Dispute Management and Resolution Procedures respecting
  1. the interpretation, application, implementation of this Agreement, or the IRPA or IRPR;
  2. a breach or anticipated breach of this Agreement; or
  3. other matters identified in the Agreement;
• “Immigrant” means a Permanent Resident, including Convention Refugees abroad and humanitarian-protected persons abroad resettled to Canada, and protected persons in Canada;
• “Minority Official Languages Communities” means French-speaking communities in the Northwest Territories;
• “Party” means Canada or the Northwest Territories and “Parties” means Canada and the Northwest Territories;
• “Processing Pause” means that territorial 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;
• “Temporary Resident” means a temporary foreign worker, an international student, or a visitor;
• “Territorial Nominee” means a person who is a member of the Provincial Nominee class, as nominated by the Northwest Territories;
• “Provincial Nominee Program”, which includes the Northwest Territories Nominee Program, means a program for nominations as per agreements entered into pursuant to subsection 8(1) of the IRPA, subsection 5(1) of the DCIA, and section 87(1) of the IRPR;
• “Memorandum of Understanding” means the Letter of Intent in Regards to an Information Sharing Arrangement for the Interim Disclosure of Provincial Nominee Personal Information Between Canada and Northwest Territories (the “Letter of Intent”), until it expires or is replaced, and any new letter of intent or Chapter of the Memorandum of Understanding Concerning Information Sharing Between Canada and the Northwest Territories entered into by the Parties with the purpose of replacing the Letter of Intent.

3.0 Purpose and Objectives

3.1. The purpose of this Agreement is to define the roles and responsibilities of Canada and the Northwest Territories in relation to the Provincial Nominee Class as described in section 87 of the IRPR and, in accordance with section 8(1) of the IRPA, to establish provisions concerning the selection of and acquisition of immigration status by foreign nationals nominated by the Northwest Territories.

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

3.3. The objectives of this Agreement are:

3.3.1. To strengthen the Northwest Territories’ ability to enhance the economic benefits of immigration to the territory taking into account the Northwest Territories’ economic priorities as well as the development of Minority Official Language Communities in the territory;

3.3.2. To recognize that the Northwest Territories Nominee Program, as established by section 87(1) of the IRPR and this Agreement, provide for the establishment of a jointly administered immigration program, where:

• The Northwest Territories is responsible for:
  1. the recruitment and nomination of Territorial Nominees on the basis of their ability and intention to economically establish and settle in the Northwest Territories;
  2. the promotion of the Northwest Territories Nominee Program;
  3. the integrity of the Northwest Territories 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 the Northwest Territories;
• 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.

3.3.3. To process Territorial Nominees for permanent residence as expeditiously as possible, taking into account:

• The Northwest Territories’ annual immigration levels plan including its Territorial Nominee plan;
• Canada’s projected annual immigration levels per section 94 of the IRPA;
• The number of provincial nomination certificates issued in each calendar year, as referred to in section 5.2;
• Legislative and regulatory requirements, including eligibility, admissibility and Ministerial Instructions; and,
• Operational and resource constraints.

4.0 Shared Principles

4.1. Canada and the Northwest Territories agree to abide by and uphold the following shared principles:

4.1.1. The Northwest Territories is best positioned to:

• determine the specific economic and labour market needs of the Northwest Territories 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 the Northwest Territories.

4.1.2. 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 consulting interested parties and working equitably with all Canadian provinces and territories, including the Northwest Territories;

4.1.3. Canada is responsible for the creation of immigration classes within the legislation; the Northwest Territories is responsible for the design, administration, monitoring, evaluation and integrity of the Northwest Territories 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 the Northwest Territories, 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;

4.1.4. 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 section 5.2 and 12.2, 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.

4.1.5. Canada and the Northwest Territories agree on the importance of the following shared principles:

• The Northwest Territories Nominee Program as a strategic tool for significant economic benefit in the region;
• Proactively encouraging the development of Minority Official Languages Communities in the Northwest Territories, including through the Employer Stream of the Northwest Territories Nominee Program;
• 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 Northwest Territories 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;
• Canada recognizes the legitimate requirement for exploratory visits by potential nominee immigrants to the Northwest Territories and will take into consideration the Northwest Territories’ representations in determining applications for Temporary Resident status from such foreign nationals;

5.0 Planning and Reporting

5.1. The Northwest Territories will develop a Northwest Territories Nominee Program plan based on the shared principles agreed to by the parties in section 4.1. The Northwest Territories 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 Northwest Territories Nominee Program plan, the Northwest Territories will consult with Canada, taking into account Canada’s role in national immigration policy and planning

5.2. Canada will make all reasonable efforts to incorporate the Northwest Territories Nominee Program plan into Canada’s immigration plan. The number of Provincial Nominee Program nominations as set by Canada in consultation with the Northwest Territories, subject to the principles outlined in section 4.1, 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 Northwest Territories until the following calendar year. In the event that the number of certificates received by Canada is more than was agreed upon for the current calendar year, the excess certificates will be returned to the Northwest Territories. The Northwest Territories will be responsible for advising those Territorial Nominees affected that their certificates have been returned and will be held by the Northwest Territories until January 1 of the following year. By September 30, or periodically as agreed to by both Parties, the Northwest Territories will inform Canada of its progress in issuing certificates for the current calendar year.

5.3. Reporting on the Northwest Territories’ l Nominee levels planning will be undertaken as follows:

5.3.1. By March 31 of each year, the Northwest Territories will provide Canada with an annual report for the preceding year on the Northwest Territories’ Nominee Program plan and the results achieved based on calendar year; and

5.3.2. The annual report will include but is not limited to the elements outlined in Schedule A. The Northwest Territories will amend the annual report, as required, to ensure that it includes performance indicators listed in the national Provincial Nominee Program Performance Measurement framework outlined in section 10.2. Where the Northwest Territories does not currently collect information related to these additional elements, it will provide details of its plan to collect this information in the future.

5.4. 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 or the Northwest Territories’ Nominee Program.

6.0 Assessment and Nomination

6.1. The Northwest Territories has the sole and non-transferable responsibility to assess and nominate candidates who, in the Northwest Territories’ determination:

6.1.1 Will be of benefit to the economic development of the Northwest Territories; and

6.1.2 Have the ability and intention to economically establish and permanently settle in the Northwest Territories subject to sections 6.2 through 6.8.

6.2 In order to exercise its nomination authority under this Agreement, the Northwest Territories will develop objective and transparent criteria for nomination which will be designed to assess the ability of the applicant to become economically established in the Northwest Territories and to demonstrate the economic benefit to the Northwest Territories. The Northwest Territories will codify and publish the Northwest Territories Nominee Program requirements, policy and procedures in publically available guidelines. Applicants will be required to meet these criteria in order to be nominated. The Northwest Territories will respect the principles and objectives of this Agreement in developing and implementing its criteria and procedures.

6.3 The Northwest Territories will provide Canada with all necessary information regarding material changes to criteria, policies and procedures that it seeks to implement for the categories under its Northwest Territories Nominee Program, as outlined in Schedule B, prior to the introduction and/or modification of any Northwest Territories Nominee Program stream, category or pilot project. Canada will conduct a review of any proposed changes as expeditiously as possible and, if it has determined that the proposed changes are consistent with the IRPA, the IRPR and national immigration policies, Canada and the Northwest Territories will agree to the proposed changes. The timing and duration of the review will be mutually agreed upon by Canada and the Northwest Territories prior to the start of the review process, taking into account resource constraints and the Northwest Territories’ anticipated implementation schedule. The period of this review will vary according to the complexity of the proposed changes.

6.4 Northwest Territories Nominee Program applicants will be nominated solely on the basis of economic benefit to the Northwest Territories and their ability and intention of becoming economically established and permanently residing in the Northwest Territories. 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 skills and past experience.

6.5 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 Northwest Territories 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 Northwest Territories.

6.6 The Northwest Territories agrees to maintain the minimum language standards implemented on July 1, 2012 for Provincial Nominees at National Occupational Classification skill levels C and D and to work towards establishing minimum language standards and mandatory testing for all other Territorial Nominees.

6.6.1 For those streams, categories or occupations subject to minimum language standards and mandatory testing, the Northwest Territories will ensure that nominations are based on valid language test results. The Northwest Territories 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.

6.6.2 As applicants in other streams, categories or occupations become subject to minimum language standards and mandatory testing, the Northwest Territories will follow the same process as outlined in section 6.6.1 to ensure that these applicants have obtained proficiencies for their abilities to speak, listen, read and write that correspond to agreed-upon benchmarks.

6.6.3 Applications for permanent residence which require the submission of language test results as per section 6.6.1(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.

6.7 In exercising its nomination authority under this Agreement, the Northwest Territories will apply the criteria for nomination referred to in sections 6.1 through 6.6 and follow the policy and procedures established by the Northwest Territories, 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. These criteria will be applied to all individuals applying under the Northwest Territories Nominee Program and the Northwest Territories do not have the authority to waive these criteria.

6.8 The Northwest Territories will not issue a nomination certificate to:

6.8.1 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 the Northwest Territories; or

6.8.2 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.

6.9 The Northwest Territories is responsible for conducting reasonable due diligence to verify that all documentation supporting a nomination is genuine.

6.10. The Northwest Territories will keep written or electronic records of its assessments of its nominees against those criteria for a minimum of six (6) years from the date of nomination and share those records with Canada if requested to do so, subject to section 11 of this Agreement.

6.11 The Northwest Territories is responsible for conducting due diligence to ensure that the applicant has the ability and intention to become economically established and settle in the Northwest Territories. 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 the Northwest Territories 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 6.14 and 6.17, and sections 9.1 to 9.6, Canada may also seek clarification and request documentation from the Northwest Territories on its assessment, the record of which is required under sections 6.10 and 11.3.

6.12 The Northwest Territories will issue a dated nomination certificate number, valid in accordance with the Northwest Territories’ administrative requirements, for each Territorial Nominee. 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 section 11.3. For security reasons, the Northwest Territories will forward a record of the nomination 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 6.1 and 6.14. Nominees must file an application for immigration within the time limit specified on the nomination certificate.

6.13 On a five year schedule, the Northwest Territories will conduct an independent and objective audit of the activities to implement sections 6.1 to 6.12 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:

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

6.13.2. The Northwest Territories will consult with Canada on the terms of reference for the audit;

6.13.3. The Northwest Territories will provide the results of audits, including the management responses, to Canada; and

6.13.4. The Northwest Territories shall undertake the audit as described in section 6.13 within one (1) year of this Agreement taking effect, unless such an activity was completed within the previous three (3) years.

6.14 Canada shall consider the Northwest Territories’ nomination as evidence that the Northwest Territories has carried out its due diligence determining that an applicant will be of economic benefit to the Northwest Territories and has met the requirements of the Northwest Territories Nominee Program.

6.15 Subject to section 5.2 and 12.2, Canada agrees to process applicants nominated for Permanent Resident status by the Northwest Territories 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 section 87.3 of the IRPA.

6.16 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.

6.17 Upon receipt of the application for permanent residence, together with the Certificate of Nomination from the Northwest Territories, and subject to section 12.2, Canada will:

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

6.17.2 Determine the admissibility of the nominee and his or her dependants with respect to legislative requirements; and

6.17.3 Issue permanent resident visas to Territorial Nominees and accompanying dependants who meet all the requirements of the Northwest Territories Nominee Program and the eligibility and admissibility requirements of IRPA and IRPR.

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

6.19 The Northwest Territories 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.

6.20 In all cases where Canada determines that an individual nominated by the Northwest Territories does not meet the admissibility requirements of the IRPA, Canada will refuse without notifying the Northwest Territories before the final decision. To the extent consistent with the Memorandum of Understanding, Canada will share the reason(s) for which the application was refused with the Northwest Territories.

6.21 Canada and the Northwest Territories are committed to working together to ensure program integrity in the Northwest Territories Nominee Program. Accordingly, where Canada has refused an applicant on the basis of misrepresentation under section 40 of the IRPA, to the extent consistent with the Memorandum of Understanding, Canada will share case-specific information. The Northwest Territories shall conduct a review of the relevant territorial application, in accordance with its policies and procedures. Where the Northwest Territories is also satisfied that misrepresentation has occurred, the Northwest Territories shall withdraw its nomination.

7.0 Admission as a Temporary Resident

7.1 Where an individual nominated by the Northwest Territories is employed or has received a job offer from an employer in the Northwest Territories, or has been nominated under a territorial business stream based on their stated intention to conduct business activity in the Northwest Territories, Canada may issue a work permit pursuant to the IRPR, if the work permit application includes a letter from the Northwest Territories that:

7.1.1 Requests Canada to issue a work permit; and,

7.1.2 States that the nominated individual is urgently required by the employer; or in the case of a prospective business nominee or business nominee that there are compelling reasons to authorize the business activities of the nominee before permanent resident processing is complete; and the Northwest Territories 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; and,
  3. The wages and working conditions of the employment would be sufficient to attract and retain Canadian citizens or permanent residents.
• In the case of a prospective business nominee or business nominee, that:
  1. Their admission to Canada to operate a business would generate significant economic, social or cultural benefits or opportunities for Canadian citizens or permanent residents in the Northwest Territories.

7.2 Where the Northwest Territories is considering an application for nomination under the business category of the Northwest Territories 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 the Northwest Territories, the Northwest Territories may support an application for a temporary work permit pursuant to section 205(a) of the IRPR with a letter indicating that:

7.2.1. The foreign national is being considered for nomination for permanent residence based on their stated intention to conduct business activity in the Northwest Territories;

7.2.2. The Northwest Territories is of the opinion that the planned business activity will be of significant benefit to the Northwest Territories; and,

7.2.3. In providing a letter of support under 7.2 of this Agreement, the Northwest Territories may request that Canada issue a temporary work permit for a specific period, up to a maximum of two (2) years.

7.2.4. Where a temporary work permit issued under section 7.2 of this Agreement is due to expire and the Northwest Territories has nominated that foreign national and the foreign national has applied for permanent residence and has been found eligible, the Northwest Territories may request that Canada issue a temporary work permit to that foreign national pursuant to section 205(a) of the IRPR.

7.3. The Northwest Territories will be responsible for conducting reasonable due diligence to ensure the genuineness of the job offer and that the individual is urgently required by the employer. In the case of a prospective business nominee or a business nominee, the Northwest Territories will be responsible for conducting reasonable due diligence to ensure that the business is consistent with the Northwest Territories’ requirements, including reasonable potential for achieving commercial viability, that the prospective business nominee or business nominee is likely to establish the business and meet the requirements for nomination within the period authorized for temporary entry and that, having met the above conditions, there are compelling reasons to authorize the business activities of the prospective business nominee or business nominee prior to receipt of Permanent Residence.

7.4. Notwithstanding sections 7.1, 7.2 and 7.3, the individual nominated by the Northwest Territories must meet all other IRPA/IRPR requirements, including admissibility, required for the issuance of a work permit.

8.0. Promotion and Recruitment

8.1 Canada and the Northwest Territories 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 the Northwest Territories’ interest in immigration to meet its economic, social, cultural, and demographic objectives, including improving economic immigration.

8.1.1 Canada and the Northwest Territories agree, subject to resource constraints, to co-operate in the promotion and recruitment of Immigrants and Temporary Residents, including Territorial Nominees and temporary foreign workers, by working together in the following areas:

• The Northwest Territories may provide Canada with the Northwest Territories’ annual provincial nominee levels plan and objectives and Canada will ensure that Department of Citizenship and Immigration offices abroad are informed about the Northwest Territories’ plan and objectives;
• The Northwest Territories will endeavour to provide Canada with information regarding the territory’s demographic, educational, labour market and other needs, and Canada will endeavour to provide information to the Northwest Territories about optimum recruitment opportunities through Department of Citizenship and Immigration offices abroad in order to meet the Northwest Territories’ immigration needs;

8.1.2 In furtherance of the objectives of this Agreement, the Northwest Territories may undertake recruitment initiatives including:

• development of promotional materials describing the nature and quality of life in the Northwest Territories;
• provision of information on a Northwest Territories-maintained website to prospective Immigrants who intend to reside and work in the Northwest Territories;
• preparation of information for staff working in Department of Citizenship and Immigration offices abroad to assist in identifying promotion and recruitment opportunities;
• consultation with representatives of Official Language Minority Communities in the Northwest Territories;
• consultation with regional and community representatives; and
• targeted promotion to Temporary Residents present in the Northwest Territories.

8.1.3 Canada agrees to make reasonable efforts, to assist the Northwest Territories to identify prospective Immigrants and Temporary Residents to fulfill the Northwest Territories’ targets in its labour market strategy and levels plan as agreed upon by both Parties, subject to operational and resource constraints, to assist with improving economic immigration to the Northwest Territories. This includes:

• providing information to potential applicants in permanent and temporary streams through Canada’s immigration-related websites, in order to direct them to visit the Northwest Territories’-maintained website;
• displaying Government of the Northwest Territories promotional material provided by the Northwest Territories, where practical, at selected Department of Citizenship and Immigration offices abroad;
• supporting territorially initiated missions to attract Immigrants within the limits of mission resources;
• inviting the Northwest Territories to participate in promotional activities with Department of Citizenship and Immigration staff abroad to communicate the Northwest Territories’ specific needs and opportunities; and
• assisting the Northwest Territories in identifying overseas labour market and demographic information, as available, to assist in niche market recruitment.

8.1.4 The Northwest Territories 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.

8.1.5 Subject to section 8.1.4 this Agreement does not preclude either Party from undertaking promotion and recruitment activities independently.

8.1.6 The Northwest Territories will consult with the Department of Citizenship and Immigration before entering into any agreement or arrangement with a third party where that agreement or arrangement may result in policy changes that would have a material effect on this Agreement.

9.0 Program Integrity

9.1. The Northwest Territories is responsible for fraud detection and deterrence in the administration of its Northwest Territories Nominee Program. To ensure the integrity of the program, the Northwest Territories will conduct quality assurance exercises. Such quality assurance exercises will take place on a periodic basis and the Northwest Territories will implement changes to their program as necessary in a timely manner.

9.2. Canada and the Northwest Territories will cooperate to ensure the integrity of the Northwest Territories Nominee Program, including, but not limited to, activities such as:

9.2.1. Investigating potential program abuses to ensure the rigour and confidence of the immigration system;

9.2.2. Sharing information, including personal information and intelligence related to program abuses including suspected or confirmed fraud or misrepresentation, subject to privacy law and to the extent required by the Memorandum of Understanding Concerning Information Sharing Between Canada and the Northwest Territories;

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

9.2.4. Coordinating and streamlining investigations involving both jurisdictions; and

9.2.5. Conducting and disseminating research, and identifying knowledge gaps related to program integrity and quality assurance mechanisms.

9.3. Canada and the Northwest Territories will continuously seek to improve program integrity by acting upon knowledge gained through periodic program integrity and quality assurance activities, with an emphasis on:

9.3.1. Identifying and evaluating risk information to ensure appropriate measures are taken;

9.3.2. Establishing measures to strategically and systematically mitigate risks;

9.3.3. Improving policies and procedures by closing gaps and addressing vulnerabilities; and

9.3.4. Targeting program integrity training.

9.4. The Northwest Territories will report instances of suspected or confirmed fraud and/or misrepresentation to Canada, without delay, as set out in the Memorandum of Understanding and subject to privacy law. Canada may report instances of confirmed fraud and/or misrepresentation to the Northwest Territories, as set out in the Memorandum of Understanding and subject to privacy law.

9.5. Where suspected or confirmed fraud and or misrepresentation has been identified by either Party, the Northwest Territories will provide case-specific information to Canada, as set out in the Memorandum of Understanding 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 Canada, Canada may provide case-specific information to the Northwest Territories, as set out in the Memorandum of Understanding and subject to privacy law, to assist the Northwest Territories in its assessment of applications for nomination and in the administration of its program.

9.6. Canada and the Northwest Territories will share information on current and planned activities that ensure quality assurance and program integrity and, upon request, share the results of these activities with the other Party.

10.0 Program Evaluation

10.1. 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 the Northwest Territories’ Nominee Program determined by Canada as necessary to examine the relevance and performance of the Provincial Nominee Program at a national level. The Northwest Territories is committed to cooperate to this end. Canada will be responsible for the costs of the national evaluation.

10.2. Canada will consult with all jurisdictions, including the Northwest Territories, 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. The Northwest Territories 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 the Northwest Territories Nominee Program Annual Report referenced in section 5.3.1. Common performance indicators may be adjusted from time to time with the agreement of Canada, the provinces and territories. These common components will ensure consistency and comparability within the evaluation process.

10.3. 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 the Northwest Territories. 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 the Northwest Territories.

10.4. On a five (5) year schedule, the Northwest Territories will conduct a rigorous evaluation of the Northwest Territories 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 the Northwest Territories’ Annual Report as per Schedule A. The Northwest Territories will provide a copy of these evaluations, which will include a description of methodologies used, to Canada upon completion.

10.5. In addition to the data reported annually under section 10.3 and 5.3.1, the Northwest Territories will ensure that the requisite national evaluation information as identified in section 10.2 is available. The Northwest Territories 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.

10.6. As set out in the Memorandum of Understanding, Canada and the Northwest Territories agree to share information on prospective and actual Permanent Resident admissions to aid in the evaluation and management of the Northwest Territories Nominee Program.

11.0 Information Exchange

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

11.2 The terms and conditions governing information sharing are established under the Memorandum of Understanding.

11.3 The Northwest Territories will provide monthly nomination reports, the details of which are set out in the Memorandum of Understanding Concerning Information Sharing Between Canada and the Northwest Territories.

11.4 Canada will provide monthly reports, the details of which are set out in the Memorandum of Understanding, on the processing and Permanent Resident admissions of Provincial Nominees destined to the Northwest Territories.

12.0 Dispute Management and Resolution

12.1 In the case of a Dispute under this Agreement, Canada and the Northwest Territories agree to follow the dispute management and resolution process provided for in Appendix A – Dispute Management Procedures.

12.2 Notwithstanding section 12.1, upon notification in writing, as per section 3.1 of Appendix A, that a Dispute exists regarding the interpretation or implementation of IRPA, the IRPR and this Agreement as they apply to territorial 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 the Northwest Territories 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 Northwest Territories’ Nominee Program.

12.2.1 Canada will provide written notification to the Northwest Territories of the date when the Processing Pause will start.

12.2.2 Canada will provide written notification to the Northwest Territories of the date when the Processing Pause will end.

13.0 General

13.1 The English and French language versions of this Agreement are equally authoritative.

13.2 The Parties agree to review the effectiveness of this Agreement no later than twelve (12) months prior to expiry.

13.3 The Designated Representatives for the purpose of communication and notification pursuant to this Agreement are:

13.3.1 For Canada, the Director, Economic Immigration Policy and Programs, Immigration Branch; and

13.3.2 For the Northwest Territories, the Director, Labour Development and Standards

13.4 This Agreement will take effect when it is signed by the last of the Parties to do so and will be valid for five (5) years.

13.5 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.

13.6 Upon mutual consent of both Parties in writing, the terms and conditions 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.

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

13.8 Either Party may terminate this Agreement at any time by providing at least twelve (12) months’ notice in writing to the other Party. Upon notice of termination, the Designated Representatives will negotiate a transition strategy.

13.9 In keeping with the purpose and scope of this Agreement, Canada will be open and transparent concerning its intention to enter into agreements with other provinces and territories respecting Provincial Nominee Programs and Canada will provide, at the Northwest Territories’ request, other federal provincial agreements made under section 8 of the IRPA, and will negotiate amendments to this Agreement, taking into consideration the different needs and circumstances of the provinces and territories.

13.10 Canada and the Northwest Territories agree to meet bilaterally as necessary for the purpose of ensuring that necessary communication for the furtherance of activities under this Agreement takes place, including the exchange of information regarding likely processing times for nominees, and ways that Canada and the Northwest Territories can cooperate to optimize these processing times.

13.11 Upon signature of this Agreement by the last of the Parties to this Agreement, the 2013 Canada-Northwest Territories Agreement on Territorial Nominees will be terminated and replaced by this Agreement.

14.0 Notices

14.1 Any notice to be delivered under this Agreement should be sent to the Party concerned as follows, as well as the Parties’ Designated Representatives:

14.2 Either party may, from time to time, change a Designated Representative by giving notice in accordance with this Agreement.

14.3 Any notice, information or document provided for under this Agreement may be delivered in person or sent by letter, electronic mail or facsimile, postage or other charges prepaid. Any notice that is delivered in person 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 ten (10) 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

for the government of the northwest territories

Schedule A - Annual Report

Part A: Objectives, Principles and Priorities

• overview of the Northwest Territories Nominee Program, priorities and achievements

Part B: Results Achieved based on annual plan

• all elements included in the federal/provincial/territorial Provincial Nominee Annual Report, as amended from time to time by Canada, in collaboration with provinces and territories, in the following areas:
  • Nominations Issued and the Northwest Territories Processing
    • Nomination certificates issued
    • Nominees who were Temporary Foreign Workers at time of nomination
    • Northwest Territories processing: Applications received, Applications declined, Nominations issued, Nominations withdrawn, inventories, processing times
  • Landings, Retention and Economic Outcomes
    • Nominees admitted who have not reported to the Northwest Territories within 3 months of landing
    • Nominees Residing in the Northwest Territories
    • Outcomes of Business Nominees
  • Program Development, Promotion and Recruitment
    • Promotion and recruitment activities, including those targeting French-speaking Immigrants to the Northwest Territories
    • French-Speaking Immigrants to the Northwest Territories: Nominees for whom French is their first Canadian official language of usage.
  • Program Integrity
    • Refusals/withdrawals involving fraud or misrepresentation

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 the Northwest Territories Nominee Program

Part A: Introduction of a new stream or category

1. Summary:
   1. Description of the proposed stream, including type of stream (one of the 6 Global Case Management System categories)
   2. What is the expected timeframe for this change?
2. Rationale:
   1. What are the Northwest Territories’ goals in creating this stream?
   2. Why is the introduction of this stream required/preferred, as opposed to the modification of an existing stream?
   3. 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 Northwest Territories applications under this stream?
      3. The projected number of nominations under this stream, and its share of overall nominations?
3. Analysis:
   1. Criteria: The Northwest Territories 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. The Northwest Territories will also provide any rating guide or points grid used to evaluate the criteria established.
   2. Process: in some cases, Canada may request that the Northwest Territories 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

1. Summary:
   1. Description of the proposed changes to the stream criteria and/or application process
   2. What is the expected timeframe for this change?
2. Rationale:
   1. What does the Northwest Territories aim to achieve by making these changes?
   2. What impact (if any) does the Northwest Territories anticipate that these changes will have on:
      1. The projected volume of Northwest Territories 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 Northwest Territories application process?
3. Analysis: the Northwest Territories to submit a table/chart listing the current stream criteria, the proposed changes to stream criteria or category, and the rationale for each change. A template for this chart will be provided by Canada. The Northwest Territories 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

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

Appendix A - Dispute Management and Resolution Procedures

Preamble

Canada and the Northwest Territories are committed to working together to implement the 2018 Canada-Northwest Territories Agreement on Territorial Nominees. Under this partnership, both parties contribute with their respective policies, programs, capacity and expertise and recognize and respect each other’s different roles and responsibilities under the Agreement.

1.0 Application

1.1 This Appendix applies to the prevention and resolution of Disputes between Parties regarding the interpretation or implementation of this Agreement.

1.2 This Dispute management process shall not in any way limit the final authority of the Minister of Citizenship and Immigration of Canada respecting decisions to interpret and administer the Immigration and Refugee Protection Act (IRPA) or the Immigration and Refugee Protection Regulations (IRPR).

2.0 Dispute Prevention

2.1 The Parties agree to work together and make every reasonable effort to prevent and avoid Disputes arising under the 2018 Canada-Northwest Territories Agreement on Territorial Nominees, through the following activities:

Designated Representatives

The parties agree to establish Designated Representatives to discuss and resolve matters relating to the implementation of this Agreement. The purpose of these contacts is to ensure that necessary communication occurs in respect of any planned or proposed new initiative and for the furtherance of activities under the Agreement.

Consultations

The Parties agree to consult each other with reasonable advance notice when either Party is contemplating a policy, program or legislative change which could have a significant impact, fiscal or otherwise, on the other Party through the operation of this Agreement. Where applicable, Canada will determine whether changes proposed by the Northwest Territories conform to the provisions within IRPA and IRPR.

3.0 Initiation of Dispute Management Process

3.1 A Dispute as defined in section 2.1.d. of this Agreement is said to begin when one Party informs the other in writing that there is a conflict or disagreement between the parties which needs to be resolved. Mutual agreement that a Dispute exists is not required.

4.0 Officials’ Dispute Management through Informal Discussions

4.1 In the case of a Dispute under this Agreement, the Designated Representatives from Canada and the Northwest Territories will attempt to resolve the matter through information sharing, communications and informal discussions.

4.2 If the Parties are unable to resolve the Dispute within 30 days of its initiation, as defined in section 3.1 above, through information sharing and communications, either Party may initiate the Dispute Resolution Process through bilateral meetings of the Designated Representatives described in section 13.10 of the Agreement.

5.0 Assistant Deputy Ministers Dispute Resolution Process

5.1 Either Party may refer the matter to the Assistant Deputy Ministers Dispute Resolution Process by providing a written notice. Officials are responsible for gathering all appropriate information for consideration during bilateral meetings referred to in section 13.10 of the Agreement.

5.2 Both Parties will exchange all relevant information and engage in bilateral discussions at least twice in an attempt to clarify and resolve the Dispute. Assistant Deputy Ministers will provide equal opportunities for representation by each Party, and attempt to resolve Disputes within 30 days and ensure clarity for the implementation of final decisions. Should the Dispute be resolved, Assistant Deputy Ministers will draft a short report identifying the issues that have been resolved and specific actions and timelines required to implement the resolution.

5.3 If Assistant Deputy Ministers are unable to resolve the Dispute within 30 days from the date of its referral to them, either Party may request that the Dispute be referred to their respective Deputy Ministers.

6.0 Deputy Ministers Dispute Resolution Process

6.1 Either Party may refer the matter to the Deputy Ministers Dispute Resolution Process by providing a written notice.

6.2 Both Parties will exchange all relevant information and engage in bilateral discussions at least twice 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. Should the Dispute be resolved, Deputy Ministers will draft a short report identifying the issues that have been resolved and specific actions and timelines required to implement the resolution.

6.3 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.

6.4 Ministers will provide advice and direction to their officials on an appropriate course of action to resolve the Dispute.

7.0 Reporting

7.1 Within 3 months of the end of each calendar year, the Designated Representatives will issue a report outlining the various Disputes that arose during the previous calendar year, the resolution to those Disputes agreed upon by both Parties, and the status of Disputes that were outstanding at the end of the calendar year.