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Canada-Prince Edward Island Immigration Agreement

General Provisions

2019

1.0 Preamble

1.1 This Canada-Prince Edward Island Immigration Agreement (hereinafter referred to as the “Agreement”) is between Her Majesty The Queen in right of Canada, as represented by the Minister of Citizenship and Immigration (hereinafter referred to as “Canada”) and Her Majesty The Queen in right of the Province of Prince Edward Island, as represented by the Minister Responsible for Immigration (hereinafter referred to as “Prince Edward Island”).

1.2 Whereas section 95 of the Constitution Act, 1867 (30 & 31 Victoria, c. 3 (U.K.)) recognizes the concurrent powers of legislation of the federal and provincial governments in immigration matters.

1.3 And whereas the Parliament of Canada has enacted the Immigration and Refugee Protection Act, S.C. 2001, c. 27, (hereinafter referred to as the “IRPA”).

1.4 And whereas the Parliament of Canada has enacted the Citizenship Act, R.S. 1985, C.-29.

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

  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.

1.6 And whereas the Parliament of Canada has enacted the Canadian Multiculturalism Act, R.S.C., 1985, c. 24 (4th Supp).

1.7 And whereas subsection 8(1) of the IRPA and subsection 5(1) of the Department of Citizenship and Immigration Act, S.C. 1994, c.31, (hereinafter referred to as the “DCIA”) authorize the Minister of Citizenship and Immigration, with the approval of the Governor in Council, to enter into agreements with provinces for the purposes of the IRPA, and for the purposes of facilitating the formulation, coordination and implementation - including the collection, use and disclosure of information - of policies and programs for which the Minister is responsible.

1.8 And whereas the Executive Council Act provides Prince Edward Island with the authority to enter into agreements with Canada on matters relating to immigration.

1.9 And whereas Prince Edward Island recognizes the objectives of the IRPA to, among other things:

  1. support the development of a strong and prosperous Canadian economy in which the benefits of immigration are shared across all regions of Canada;
  2. promote the successful integration of Permanent Residents into Canada, while recognizing that integration involves mutual obligations for new Immigrants and Canadian society;
  3. enrich and strengthen the cultural and social fabric of Canadian society, while respecting the federal, bilingual and multicultural character of Canada; and
  4. support and assist the development of Minority Official Languages Communities in Canada.

1.10 And whereas Canada and Prince Edward Island welcome Immigrants, recognize their contribution to the economic, social, cultural, and humanitarian objectives of the country and the province, and acknowledge the long-term benefits of immigration.

1.11 And whereas Canada and Prince Edward Island share a mutual interest in:

  1. maximizing the contribution of immigration to the achievement of the economic, social, and cultural goals of both Canada and Prince Edward Island;
  2. minimizing costs, increasing program effectiveness and reducing unnecessary overlap and duplication;
  3. ensuring residents of Prince Edward Island are aware of the benefits of immigration;
  4. working together to build a culturally diverse, integrated, inclusive, and socially cohesive society;
  5. assisting, through collaborative efforts, in raising awareness of prospective Immigrants about opportunities in Prince Edward Island;
  6. developing policies and programs that will support the attainment of Prince Edward Island’s goals for immigration;
  7. exploring policies and programs to address the settlement needs of newcomers;
  8. programs and policies whereby Immigrants and temporary foreign workers contribute strategically to the development of the provincial labour force, recognizing that Prince Edward Island is best positioned to determine the economic and labour market needs of the province;
  9. encouraging the development of pilot initiatives to increase regional dispersion of Immigrants and recognizing differing regional settlement requirements; and
  10. working with all partners, including the not-for-profit sector, to enable immigrants to settle and integrate in Prince Edward Island.

Therefore, Canada and Prince Edward Island agree to the following:

2.0 Definitions

2.1 Definitions from the IRPA and the Immigration and Refugee Protection Regulations

For the purposes of this Agreement:

  1. words used in this Agreement which are defined in the IRPA or in the Immigration and Refugee Protection Regulations (hereinafter referred to as the "IRPR"), have the same meaning as in the IRPA or the IRPR;
  2. a reference to the IRPA or the IRPR is a reference to the Act or those Regulations, as amended from time to time; and
  3. where a definition given in this Agreement is inconsistent with a definition given in the IRPA or the IRPR, the definition in the IRPA or the IRPR will prevail.

2.2 Definitions in this Agreement

For the purposes of this Agreement:

  1. “Agreement” means these General Provisions and all Annexes attached hereto as may be amended from time to time;
  2. “Convention Refugee” is a person defined under section 96 of the IRPA;
  3. “Designated Representatives” are the primary contacts for both Canada and Prince Edward Island who are responsible for the interpretation, inquiries, and requests for amendments to this Agreement;
  4. “Dispute” means a conflict or disagreement between the Parties respecting:
    1. the interpretation, application, or implementation of this Agreement; or the IRPA or the IRPR; or
    2. a breach or anticipated breach of this Agreement;
  5. “Focal Points” mean the primary contacts for the Parties responsible for monitoring the implementation of the Annexes under this Agreement; this includes the interpretation, inquiries, and requests for amendments of the Annexes, addressing any issues that arise, and compliance with the provisions of the Annexes;
  6. “French-Speaking Immigrant” means an immigrant for whom French is the first Canadian official language of usage;
  7. “Immigrant” means a Permanent Resident, including Convention Refugees abroad and humanitarian-protected persons abroad resettled to Canada, and protected persons in Canada;
  8. “Local Government” means the council of a municipality or the board of a regional district;
  9. “Minority Official Languages Communities” means French-speaking communities in Prince Edward Island;
  10. “Party” means Canada or Prince Edward Island and “Parties” means Canada and Prince Edward Island;
  11. “Persons in Urgent Need of Protection” means, in respect of members of the Convention Refugee abroad or the country of asylum class, that their life, liberty or physical safety is under immediate threat and, if not protected, the persons are likely to be: killed, subjected to violence, torture, sexual assault or arbitrary imprisonment; or returned to their country of nationality; or their former habitual residence;
  12. “Processing Pause” means that Provincial Nominee certificates and/or applications related to those certificates under Dispute will no longer be accepted by the Department of Citizenship and Immigration and returned; and that processing will cease on those Provincial Nominee applications under Dispute until the Dispute is resolved;
  13. “Provincial Nominee” means a person who is a member of the Provincial Nominee class;
  14. “Provincial Nominee Program” means a program for provincial nominations as per agreements entered into pursuant to subsection 8(1) of the IRPA and subsection 5(1) of the DCIA;
  15. “Refugee” means a protected person under the IRPA;
  16. “Resettlement Assistance” means services to support the immediate and essential needs of Specified Humanitarian Persons Resettled from Abroad;
  17. “Special Needs Persons” means persons who have a greater need for settlement and integration services than other Refugees owing to personal circumstances, including: family size and composition; trauma resulting from violence or torture; medical conditions; and/or the effects of systemic discrimination;
  18. “Specified Humanitarian Persons Resettled from Abroad” means persons selected by Canada abroad and identified as requiring government assistance, persons who are admitted to Canada through blended initiatives such as the Joint Assistance Program, or other initiatives where Canada and private sector or non-governmental sponsoring groups share in the provision of income support and immediate essential services;
  19. “Temporary Resident,” means a temporary foreign worker, an international student, a visitor or a temporary resident permit holder; and
  20. “Vulnerable Persons” means, in respect of Convention Refugees or persons in similar circumstances, that the persons have a greater need of protection than other applicants for protection abroad because of their particular circumstances that give rise to a heightened risk to their physical safety.

3.0 Purpose and Objectives

3.1 Purpose

3.1.1 This Agreement is to further strengthen the long-term partnership between the Parties with respect to immigration. For the purpose of this Agreement, it defines the respective roles and responsibilities of the Parties relating to Immigrants and Temporary Residents under the IRPA.

3.2 Objectives

3.2.1 The objectives of this Agreement are, while respecting the jurisdiction of each Party to:

  1. maintain and enhance a positive relationship between Canada and Prince Edward Island related to the appropriate level and composition of Immigrants to the Province, acknowledging their respective roles for the promotion, recruitment, selection and admission of Immigrants and Temporary Residents, and the settlement and integration of Immigrants to Prince Edward Island;
  2. respond to Prince Edward Island’s current and emerging social, demographic, economic development and labour market priorities through immigration policies and programs, recognizing the role of immigration in supporting the economic development of communities in Prince Edward Island, including francophone communities;
  3. support the successful social and economic integration and settlement of Immigrants in Prince Edward Island through programs supported by appropriate, fair, equitable, predictable and ongoing provincial and federal funding;
  4. support Canada’s humanitarian objectives through collaboration on issues impacting Specified Humanitarian Groups Resettled from Abroad in Prince Edward Island;
  5. facilitate collaboration in the development and implementation of strategies to address barriers to foreign qualification recognition and integration of Immigrants into the labour market;
  6. ensure the effectiveness and integrity of the programs of Canada and Prince Edward Island through enhanced cooperation in information sharing, research and evaluation, and through the respective monitoring and reporting processes of the Parties; and
  7. facilitate good governance in relation to this Agreement.

3.3 Annexes

3.3.1 Together with the General Provisions, the following Annex forms part of this Agreement:

Annex A - Provincial Nominees

3.3.2 The Parties agree to negotiate in good faith and in a timely fashion, additional annexes to this Agreement that reflect the broad objectives of this Agreement.

4.0 Immigration Planning and Programs

4.1 Canada will establish national immigration policies and develop an annual immigration levels plan in consultation with Prince Edward Island and other provinces and territories, taking into consideration any joint federal-provincial-territorial approaches to immigration levels planning, and Prince Edward Island’s immigration planning, including its economic, social, cultural, and demographic objectives, including improving economic immigration.

4.2 As outlined in Annex A, Prince Edward Island may provide Canada with an annual Provincial Nominee Program plan in advance of consultations, to be considered in developing Canada’s projections for Canada’s immigration levels planning; and consult with Canada in establishing Prince Edward Island’s Provincial Nominee Program plan, taking into account Canada’s role in national immigration policy and planning.

4.3 In developing its annual delivery plan for Canada’s immigration levels plan, Canada will consult and take into consideration:

  1. Prince Edward Island’s specific targets for Provincial Nominees and Canada’s annual targets for government assisted Refugees as they relate to Prince Edward Island; and
  2. Prince Edward Island’s objectives for all other classes of Permanent and Temporary Residents, where applicable, including improving economic immigration.

4.4 Each year, following federal Cabinet approval of the Annual Report to Parliament on Immigration, Canada will confirm Prince Edward Island’s nomination allocation for the following calendar year.

4.5 Canada will make all reasonable efforts to proactively manage the delivery of the immigration program to achieve the targets of Prince Edward Island’s Provincial Nominee Program levels plan, if that levels plan is provided to Canada by Prince Edward Island, bearing in mind federal priorities.

4.6 Prince Edward Island will consult with immigration stakeholders on the province’s immigration policies, plans and programs.

4.7 Canada will cooperate with Prince Edward Island to provide opportunities to provincial staff for training, taking into account cost and resource constraints of either Party and, if required, negotiating cost-sharing approaches.

4.8 Prince Edward Island will plan to receive a share of Refugees to be resettled in the province, recognizing the need for flexibility in responding to emerging humanitarian needs. Through collaboration with Canada, Prince Edward Island agrees to receive a proportion of Refugees who are:

  1. Special Needs Persons;
  2. Vulnerable Persons; or
  3. Persons in Urgent Need of Protection.

4.9 In assigning a share of Refugees to Prince Edward Island, Canada agrees to:

  1. take into account the potential financial and program impact on Prince Edward Island, taking into account the proportion of Refugees resettled in Prince Edward Island and the longer-term settlement needs of Persons in Urgent Need of Protection, and Vulnerable and Special Needs Persons to be settled in Prince Edward Island;
  2. provide notice of arrival as early as possible, ensure arrivals are spread throughout the year where practical, and work with Prince Edward Island to coordinate communications with the community and stakeholders; and
  3. consider additional supports that may be needed, subject to federal cabinet approval if required.

5.0 Consultations and Local Government

5.1 Consultation

5.1.1 The Parties agree that consultation is necessary to help both Parties address their needs and objectives related to immigration.

5.1.2 The Parties will consult each other during the development of policies, legislation, programs or initiatives which could have a significant impact, fiscal or otherwise, on the operation of this Agreement, on Prince Edward Island’s immigration related plans and priorities, or on Canada’s immigration system. This includes, but is not limited to: Canada’s immigration policy and immigration projections; and identified issues in shared immigration planning, information sharing and bilateral international arrangements. Where applicable, the Department of Citizenship and Immigration will determine whether changes proposed by Prince Edward Island conform to the provisions within the IRPA and the IRPR.

5.1.3 Prince Edward Island agrees to consult with Minority Official Languages Communities with respect to immigration matters in areas which include, but are not limited to, recruitment activities and the planning and delivery of settlement and integration services.

5.1.4 Prince Edward Island will participate in multilateral consultation processes associated with developing or promoting national immigration initiatives.

5.1.5 The Parties will consult on the development and implementation of national measures to regulate immigration representatives. Canada recognizes Prince Edward Island’s right to develop and implement its own measures consistent with provincial jurisdiction and federal legislation.

5.2 Local Government

5.2.1 The Parties agree that Local Governments play an important role in attracting and retaining newcomers, in supporting the successful settlement and integration of Immigrants in Prince Edward Island and in ensuring that communities are welcoming and inclusive.

5.2.2 The Parties agree to cooperate in working with Local Governments in Prince Edward Island to explore issues related to their respective interests in immigration, to pursue opportunities related to communities’ interests in immigration, and encourage immigration throughout the province of Prince Edward Island, including rural communities.

6.0 Promotion and Recruitment

6.1 The Parties will share roles and responsibilities in the planning and implementation of immigration promotion and Immigrant recruitment activities abroad, recognizing Canada’s responsibility for coordinating such activities on a national level and Prince Edward Island’s interest in immigration to meet its economic, social, cultural, and demographic objectives, including improving economic immigration.

6.1.1 The Parties agree, subject to resource constraints, to co-operate in the promotion and recruitment of Immigrants and Temporary Residents, including Provincial Nominees and temporary foreign workers, by working together in the following areas:

  1. Prince Edward Island may provide Canada with Prince Edward Island’s annual Provincial Nominee levels plan and objectives; and Canada will ensure that Department of Citizenship and Immigration offices abroad are informed about Prince Edward Island’s plan and objectives; and
  2. Prince Edward Island will endeavour to provide Canada with information regarding the province’s demographic, educational, labour market and other needs; and Canada will endeavour to provide information to Prince Edward Island about optimum recruitment opportunities through Department of Citizenship and Immigration offices abroad in order to meet Prince Edward Island’s immigration needs.

6.1.2 In furtherance of the objectives of this Agreement, Prince Edward Island may undertake recruitment initiatives including:

  1. development of promotional materials describing the nature and quality of life in Prince Edward Island;
  2. provision of information on a Prince Edward Island-maintained website to prospective immigrants who intend to reside and work in Prince Edward Island;
  3. preparation of information for staff working in Department of Citizenship and Immigration offices abroad to assist in identifying promotion and recruitment opportunities;
  4. consultation with representatives of francophone communities in Prince Edward Island;
  5. consultation with regional and community representatives; and
  6. targeted promotion to Temporary Residents present in Prince Edward Island.

6.1.3 Canada agrees to make reasonable efforts, where possible, to assist Prince Edward Island to identify prospective Immigrants and Temporary Residents to fulfill Prince Edward Island’s 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 Prince Edward Island. This includes:

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

6.1.4 Prince Edward Island may enter into agreements with third parties for the purposes of promotion and recruitment and in so doing will:

  1. require third parties to respect the terms and conditions of this Agreement; and
  2. advise Canada of such agreements.

6.1.5 Subject to section 6.1.4 this Agreement does not preclude either Party from undertaking promotion and recruitment activities independently.

6.1.6 Prince Edward Island 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.

7.0 Selection and Inadmissibility

7.1 Prince Edward Island recognizes that, in accordance with the IRPA and the IRPR, Canada has responsibility for:

  1. determining federal objectives relating to immigration;
  2. establishing selection criteria and selecting foreign nationals, taking into account the role of Prince Edward Island in nominating Provincial Nominees;
  3. determining Refugee status;
  4. prescribing classes of Permanent Residents and Temporary Residents; and
  5. defining and determining which persons are inadmissible to Canada.

7.2 Prince Edward Island’s authority to nominate Provincial Nominees is established under Annex A of this Agreement.

7.3 Prince Edward Island will be consulted and have the opportunity to provide input on selection policies, taking into account the specific goals of and unique conditions in the province, including improving economic immigration, as well as taking into account the need to maintain national standards, and resource constraints of Canada.

7.4 Prince Edward Island will be responsible for the assessment and nomination of Provincial Nominees. Canada will respect the nomination decision of Prince Edward Island insofar as nominations are consistent with: the IRPA, the IRPR or any successor legislation and regulations, national immigration policy, the terms of this Agreement and the eligibility criteria set out by Prince Edward Island.

7.5 Subject to applicable Federal or Provincial legislation relating to the protection of privacy, Canada may notify Prince Edward Island in cases where an application has been made for a visitor visa where the applicant is applying to come to Canada for the distinct purpose of receiving medical care and where the applicant may potentially be assessed as medically inadmissible to Canada.

7.6 Canada has the sole authority to decide if persons who are determined to be inadmissible on health grounds should be permitted to come to or remain in Canada and may issue a Temporary Resident Permit where an officer determines it is justified.

7.7 Subject to applicable Federal or Provincial legislation relating to the protection of privacy, Canada may consult Prince Edward Island on medically inadmissible cases in or destined for Prince Edward Island in instances where Canada is considering issuance of a Temporary Resident permit. Prince Edward Island may make recommendations on whether a Temporary Resident permit should be issued in these cases.

7.8 Where Prince Edward Island does not require section 7.5 or 7.7 notification or consultations for specified groups of medically inadmissible cases, Prince Edward Island shall provide notice in writing to Canada.

8.0 Settlement, Integration and Refugee Resettlement

8.1 The Parties are committed to facilitating the full participation of Immigrants and Refugees in the economic, social, cultural, and civic spheres of Canadian society.

8.2 Canada will work with Prince Edward Island to support better recognition of the foreign qualifications, skills and work experience of Permanent Residents and their more rapid integration into the labour market.

8.3 The Parties will coordinate their efforts to support the successful settlement and integration of Refugees, particularly with regard to reception, health, education and social services.

8.4 Canada will collaborate and consult with Prince Edward Island regarding the allocation and integration of Refugees to the Province, particularly government-assisted Refugees, taking into consideration all Prince Edward Island communities with the capacity to settle an increased number of Refugees.

9.0 Multiculturalism

9.1 The Parties recognize the importance of an inclusive, diverse and cohesive society which may be advanced through multiculturalism.

10.0 Citizenship

10.1 The Parties will work together to promote full participation of Immigrants in Prince Edward Island communities and Canadian society, respecting Canada’s jurisdiction over citizenship matters and Canada’s responsibility for determining statutory requirements related to obtaining Canadian citizenship under the Citizenship Act.

11.0 Implementation

11.1 Governance

11.1.1 The Agreement Management Committee (AMC) will oversee the implementation of this Agreement, including discussion and exchange of information, Dispute management and resolution, managing collaborative programs, and making decisions or recommendations, as appropriate, on matters pertaining to this Agreement. The AMC is the forum for raising new immigration issues not addressed in this Agreement.

11.1.2 The AMC, with two Co-Chairs, the Executive Director of the Office of Immigration, Prince Edward Island Department of Economic Development and Tourism, and the Assistant Deputy Minister, Strategic and Program Policy, Department of Citizenship and Immigration, or their designates where mutually agreed upon, will be established to oversee implementation of this Agreement. Other members of the AMC shall include Regional and National Headquarters Department of Citizenship and Immigration officials; and, as appropriate, representatives of other federal departments and provincial ministries.

11.1.3 The AMC will meet face-to-face or by teleconference once annually, alternating between Ottawa and Charlottetown. The purpose of these meetings will be to engage in broad discussions relating to the overall management of this Agreement and innovative approaches to addressing immigration matters.

11.1.4 The AMC may establish bilateral ad hoc groups or sub-committees, with third party participation if appropriate, for the purpose of implementing this Agreement.

11.2 Multilateral Forums

11.2.1 Nothing in this Agreement is intended to preclude the Parties from fully participating in multilateral forums. Decisions made in the multilateral forums will not supersede the terms agreed upon in this Agreement.

11.3 Dispute Management and Resolution Process

11.3.1 The Parties are committed to working together to implement this Agreement. Both Parties are committed to respect and support the objectives and principles of the IRPA and share the following objectives:

  1. to prevent Disputes;
  2. to work together to minimize Disputes;
  3. to identify Disputes quickly and to resolve them expeditiously, at the director level, where possible, before involving more senior officials;
  4. to resolve Disputes in a fair, open and transparent manner; and
  5. to resolve Disputes in a non-adversarial, collaborative and informal manner whenever possible.

11.3.2 In the case of a Dispute or disagreement under this Agreement, the Designated Representatives will attempt to resolve the matter through information sharing, communications and informal discussions. In the event that the Designated Representatives are unable to resolve the Dispute expeditiously, it will be referred to the AMC Co-Chairs, accompanied by relevant facts and steps taken to reach resolution. Such procedures will provide equal opportunities for representation by each Party, establish clear time limits, and ensure clarity for the implementation of final decisions. Further, in the event resolution is not reached within thirty (30) days of being raised with the AMC Co-Chairs, the Parties will jointly determine next steps.

11.3.3 Either Party may refer the matter to the Deputy Ministers by providing him/her with a written notice.

11.3.4 Both Parties will exchange relevant information regarding the Dispute and engage in bilateral discussions in an attempt to clarify and resolve the Dispute. Deputy Ministers will:

  1. provide equal opportunities for representation by each Party;
  2. attempt to resolve Disputes within thirty (30) days; and
  3. ensure clarity for the implementation of final decisions.

11.3.5 Should the Dispute be resolved, Deputy Ministers will oversee drafting of a short report identifying the issues that have been resolved, specific actions and timelines required to implement the resolution.

11.3.6 If Deputy Ministers are unable to resolve the Dispute within thirty (30) days from the date of its referral to them, they will determine the appropriate course of action for its resolution, including elevating the Dispute to Ministers.

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

11.3.8 This Dispute management process shall not in any way limit the final authority of the Minister of Citizenship and Immigration respecting decisions to interpret and administer the IRPA or the IRPR.

11.4 Information Sharing

11.4.1 The Parties share a mutual interest in:

  1. sharing information in order to meet the needs of Immigrants, including prospective Immigrants, Refugees and Temporary Residents;
  2. ensuring policies and programs are informed by research, and statistical reports; and
  3. supporting policies, strategies and programs through information sharing.

11.4.2 Information sharing under this Agreement is governed by the separate Memorandum of Understanding Concerning Information Sharing Between Canada and Prince Edward Island, signed in 2017, as most recently amended.

11.4.3 Information sharing under this Agreement involving other departments and ministries will be governed by separate information sharing arrangements.

11.4.4 The Parties agree to promote immigration research, to consult annually on research priorities and planned research activities, and to co-operate on common research initiatives as appropriate.

11.5 Program Integrity

11.5.1 The Parties are responsible for ensuring the integrity of their respective programs, including but not limited to activities such as:

  1. sharing information and intelligence related to program developments overseas and within Canada, including immigration trends and analysis;
  2. conducting and disseminating research, and identifying knowledge gaps related to immigration priorities;
  3. establishing mutual reporting arrangements;
  4. working collaboratively with other agencies, as required, to address issues relating to inadmissibility, including anti-fraud activities;
  5. investigating potential program abuse to ensure ongoing rigour and confidence in the immigration program; and
  6. conducting program evaluations.

11.5.2 The Parties recognize the importance of evaluating the programs, policies and initiatives that are implemented under this Agreement in order to design, or improve the design of policies, programs and initiatives, and to assess policy or program relevance and effectiveness, impacts both intended and unintended, and alternative ways of achieving expected results.

11.5.3 Annex A establishes the evaluation and audit requirements specific to the program discussed in the Annex and the corresponding accountabilities of the Parties.

11.5.4 In addition to the requirements specified in each Annex, the Parties agree to:

  1. exchange, on an annual basis, evaluation plans that outline the planned evaluations for activities under this Agreement;
  2. exchange, when developed or updated, evaluation frameworks/performance measurement strategies for activities under this Agreement;
  3. exchange, upon their completion, the reports of all evaluations that pertain to activities under this Agreement; and
  4. participate in national evaluations upon the agreement of both Parties.

11.6 Communication

11.6.1 The Parties agree that Canadians have a right to transparency and public accountability, which is facilitated through the provision of full information about the benefits of this Agreement.

11.6.2 Any announcement related to activities jointly undertaken by the Parties will ensure that communications material reflects the graphic guidelines of both orders of government (including the word mark for the Government of Canada) and be available in both of Canada’s official languages. Canada will assume responsibility for translation of joint communications products.

11.7 Term and Amendments

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

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

11.7.3 Upon mutual consent of both Parties in writing, the term of this Agreement can be extended at any time prior to its expiry, subject to any required approval or authorization including the approval of the Governor in Council, or Lieutenant Governor in Council at the Prince Edward Island level.

11.7.4 This Agreement may be amended by the mutual written consent of the Parties, subject to any required approval or authorization, including the approval of the Governor in Council at the Canada level, or Lieutenant Governor in Council at the Prince Edward Island level.

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

11.7.6 Specific arrangements for duration, amendments and termination as detailed in any Annex to this Agreement take precedence over sections 11.7.3, 11.7.4, 11.7.5, and 11.7.10. The termination of an Annex to this Agreement does not affect the continuation of the General Provisions. Similarly, the termination of the General Provisions does not affect the continuation of an Annex and all provisions of this Agreement necessary to give full force and effect to the intent that the Annexes will survive termination of this Agreement where that Annex is not also terminated.

11.7.7 In keeping with the purpose and objectives of this Agreement, Canada will be open and transparent concerning agreements reached with other provinces and territories respecting immigration. Upon request by Prince Edward Island, Canada will negotiate amendments to this Agreement in order to afford similar treatment to Prince Edward Island, taking into consideration the different needs and circumstances of Prince Edward Island.

11.7.8 The commitments pursuant to this Agreement will not be interpreted by either Party to impose legal, financial or other obligations beyond whatever specific arrangements and conditions are already in operation or are mutually agreed upon.

11.7.9 This Agreement may be entered into by each Party signing a separate copy of this Agreement (including a photocopy, facsimile or electronic submission) and delivering it to the other Party, each of which when taken together shall constitute an original Agreement.

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

11.7.11 Upon signature of this Agreement by the last of the Parties to this Agreement, the 2008 Agreement for Canada–Prince Edward Island Co-Operation on Immigration, is terminated and replaced by this Agreement.

12.0 Notices

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

Address for notice to Canada

Deputy Minister
Immigration, Refugees and Citizenship Canada
365 Laurier Avenue West
Ottawa, Ontario K1A 1L1

Address for notice to Prince Edward Island

Deputy Minister
Economic Development and Tourism
Government of Prince Edward Island
Shaw Building, 3rd Floor
105 Rochford Street
P.O. Box 2000
Charlottetown, PE
C1A 7N8

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

12.3 Any notice, information or document provided for under this Agreement may be delivered or sent by letter, electronic mail or facsimile, postage or other charges prepaid. Any notice that is delivered will be deemed to have been received on delivery; any notice sent by electronic mail or facsimile will be deemed to have been received one working day after having been sent, and any notice mailed will be deemed to have been received eight (8) calendar days after being mailed.

In witness whereof this Agreement has been signed by the Parties on the dates written below:

For The Government of Canada

[Witness]

[Date]

The Honourable Ahmed Hussen
Minister of Citizenship and Immigration

For The Government of Prince Edward Island

[Witness]

[Date]

The Honourable Chris Palmer
Minister of Economic Development and Tourism

Annex A – Provincial Nominees

2019

1.0 Purpose and Objectives

1.1. The purpose of this Annex is to define the roles and responsibilities of Canada and Prince Edward Island 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 Prince Edward Island.

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

1.3. The objectives of this Annex are:

1.3.1. To strengthen Prince Edward Island’s ability to enhance the economic benefits of immigration to the province taking into account Prince Edward Island’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:

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

1.3.3. To process Prince Edward Island’s Provincial Nominees for permanent residence as expeditiously as possible, taking into account:

  1. Prince Edward Island’s annual immigration levels plan including its provincial nominee plan;
  2. Canada’s projected annual immigration levels plan as per s.94 of the IRPA;
  3. The number of provincial nomination certificates issued in each calendar year, as referred to in section 3.3
  4. Legislative and regulatory requirements, including eligibility, admissibility and Ministerial Instructions; and,
  5. Operational and resource constraints.

2.0 Shared Principles

2.1. Canada and Prince Edward Island agree to abide by and uphold the following shared principles:

2.1.1. Prince Edward Island is best positioned to:

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

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

2.1.3. Canada is responsible for the creation of immigration classes within the legislation; Prince Edward Island 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 Prince Edward Island, and are compatible with the definitions and criteria applicable to the Provincial Nominee class under the IRPA and the IRPR and with national immigration policy.

2.1.4. Canada will process Provincial Nominee applications from applicants nominated in all provinces and territories equitably and as expeditiously as possible within the number of nomination certificates issued each calendar year, subject to the provisions of sections 3.3 and 9.2, operational and resource constraints and balancing multiple competing priorities including any priorities which may arise as a result of Ministerial Instructions issued under section 87.3 of the IRPA.

2.1.5. Canada and Prince Edward Island agree on the importance of the following shared principles:

  1. The Provincial Nominee Program as a strategic tool for significant economic benefit in the region;
  2. Proactively encouraging the development of Minority Official Languages Communities in Prince Edward Island;
  3. Communication and collaboration to ensure program integrity, effective management and successful outcomes;
  4. Program integrity activities in maintaining the integrity of the Provincial Nominee Program;
  5. Standardized methodology for all Provincial Nominee Program evaluations to ensure that performance information common to all jurisdictions is collected and evaluated in a comparable manner; and,
  6. The Provincial Nominee Program as a tool for spreading the benefits of immigration across Canada and the critical role that the settlement and retention of Provincial Nominees in the nominating jurisdiction plays in achieving this goal.

3.0 Planning and Reporting

3.1. Prince Edward Island will develop a Provincial Nominee Program plan based on the shared principles agreed to by the parties in section 2.1. Prince Edward Island will submit this plan to Canada on an annual basis, in advance of consultations, for consideration in developing Canada’s projections for Canada’s immigration levels planning. In establishing its Provincial Nominee Program plan, Prince Edward Island 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 Prince Edward Island’s Provincial Nominee Program plan into Canada’s immigration plan.

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

3.4. Reporting on Prince Edward Island levels planning will be undertaken as follows:

3.4.1. By March 31st of each year, Prince Edward Island will provide Canada with an annual report for the preceding year on Prince Edward Island’s Provincial Nominee Program plan and the results achieved based on calendar year, in a format specified by Canada; and

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

3.5. 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. Prince Edward Island has the sole and non-transferable responsibility to assess and nominate candidates who, in Prince Edward Island’s determination:

4.1.1. Will be of benefit to the economic development of Prince Edward Island; and

4.1.2. Have the ability and intention to economically establish and permanently settle in Prince Edward Island subject to sections 4.3 through 4.9.

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

4.3. In order to exercise its nomination authority under this Annex, Prince Edward Island 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 Prince Edward Island and to demonstrate the economic benefit to the Province. Prince Edward Island 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. Prince Edward Island will respect the principles and objectives of this Annex in developing and implementing its criteria and procedures.

4.4. Prince Edward Island 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 Prince Edward Island 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 Prince Edward Island 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. Prince Edward Island will only implement the new or amended Provincial Nominee Program stream, category or pilot project once Canada and Prince Edward Island have reached agreement.

4.5. Provincial Nominee applicants will be nominated solely on the basis of economic benefit to Prince Edward Island and their ability and intention of becoming economically established and permanently residing in Prince Edward Island. 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.

4.6. Prince Edward Island 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 Provincial Nominees.

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

  1. In the case of an applicant who has a job offer for an occupation listed in Skill Level C 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, Prince Edward Island 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 4.6.1 (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.

4.7. In exercising its nomination authority under this Annex, Prince Edward Island will apply the criteria for nomination referred to in sections 4.1 through 4.6 and follow the policy and procedures established by Prince Edward Island, 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 Prince Edward Island Provincial Nominee Program and Prince Edward Island does not have the authority to waive these criteria.

4.8. Prince Edward Island 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 Prince Edward Island; or,

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, or

4.8.3. Any person who Prince Edward Island does not determine will be of benefit to the economic development of Prince Edward Island; or

4.8.4. Any person who does not have the ability and intention to economically establish and settle in Prince Edward Island.

4.9. Prince Edward Island is responsible for verifying that all documentation supporting a nomination is genuine, and will conduct due diligence to confirm the authenticity of the information provided.

4.10. Prince Edward Island 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 11.4 of the General Provisions of this Agreement

4.11. Prince Edward Island is responsible for ascertaining an applicant’s ability to economically establish and settle in Prince Edward Island, and will conduct due diligence to ensure the applicant’s ability to do so. Notwithstanding the foregoing, Canada retains the right to request additional documentation from the nominee which supports the nominee’s ability and intention to become economically established and settle in Prince Edward Island 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 4.2 and 4.17 and section 6, Canada may also seek clarification and request documentation from Prince Edward Island on its assessment, the record of which is required under section 4.10 and the Memorandum of Understanding Concerning Information Sharing Between Canada and Prince Edward Island.

4.12. Prince Edward Island will issue a dated nomination certificate, in the form of a certificate number, in accordance with Prince Edward Island’s administrative requirements, for each Provincial Nominee. The nomination certificate validity will not exceed six months, and the 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 Memorandum of Understanding Concerning Information Sharing Between Canada and Prince Edward Island. For security reasons, Prince Edward Island 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 of the nomination. Nominees must file an application for immigration within the time limit specified on the nomination certificate.

4.13. Prince Edward Island will not issue nominations in excess of the annual amount established by Canada in section 3.4.

4.14. On a five year schedule, Prince Edward Island will conduct an independent and objective audit of the activities to implement sections 4.1 to 4.13 and 5.2 to 5.3 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:

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

4.14.2. Prince Edward Island will consult with Canada on the terms of reference for the audit.

4.14.3. Prince Edward Island will provide the results of audits, including the management responses and associated action plans, to Canada.

4.14.4. Prince Edward Island will report to Canada on the status of the action plan agreed to by the province on an annual basis until the completion of all action items.

4.14.5. Following the audit as described in 4.14, Prince Edward Island or Canada may request a review of the Provincial Nominee Program streams, categories or pilot projects currently in place. Should a review be requested by either party, Prince Edward Island agrees to provide Canada with information on the stream design, as required. Canada and Prince Edward Island will co-operate on an assessment of the stream following the processes identified in section 4.4 and, if it is determined that the streams are consistent with the IRPA, the IRPR and national and provincial immigration policies and objectives, Canada and Prince Edward Island will agree to proceed without changes.

4.14.6. Prince Edward Island shall undertake the audit as described in section 4.14 within one (1) year of this Agreement taking effect, unless such an activity was completed within the previous three (3) years.

4.15. Subject to section 3.4 and 9.2, Canada agrees to process applicants nominated for Permanent Resident status by Prince Edward Island 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.

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

4.17. Upon receipt of the application for permanent residence, together with the Certificate of Nomination from Prince Edward Island and subject to section 9.2, Canada will:

4.17.1. Determine the eligibility of the nominee as a member of the Provincial Nominee Class pursuant to section 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 Prince Edward Island 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 Prince Edward Island is likely to be refused a permanent resident visa based on the applicant’s inability to meet the requirements of the Prince Edward Island Provincial Nominee Program or the requirements of membership in the Provincial Nominee class as per the IRPR and this Agreement, Prince Edward Island will be notified as soon as possible, taking into consideration local operating environments, and Prince Edward Island will be consulted regarding the reasons for possible refusal.

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

4.20. In all cases where Canada determines that an individual nominated by Prince Edward Island does not meet the admissibility requirements of the IRPA, Canada will refuse without notifying Prince Edward Island before the final decision. Subject to privacy law and to the extent consistent with the Memorandum of Understanding Concerning Information Sharing Between Canada and Prince Edward Island, Canada will share the reason(s) for which the application was refused with Prince Edward Island.

4.21. Canada and the province are committed to working together to assure program integrity. Accordingly, where Canada has refused an applicant on the basis of misrepresentation under section 40 of the IRPA, Canada will share case-specific information as described in the Memorandum of Understanding Concerning Information Sharing Between Canada and Prince Edward Island. Prince Edward Island shall conduct a review of the relevant provincial application, in accordance with its policies and procedures. Where Prince Edward Island is also satisfied that misrepresentation has occurred, Prince Edward Island shall withdraw its nomination.

5.0 Admission as a Temporary Resident

5.1. Prince Edward Island may support the application for a work permit in the following instances:

5.1.1. Where a potential business nominee is required to enter Canada as a temporary resident in order to meet the requirements of the Prince Edward Island business stream;

5.1.2. Where a nominee is employed or has a job offer and is urgently required by the employer; or

5.1.3. Where the entry of business nominee on a work permit to begin establishing or operating a business would generate significant economic, social or cultural benefits or opportunities for Canadian citizens or permanent residents in Prince Edward Island.

5.2. Prince Edward Island is responsible for conducting due diligence to verify that, in the case of employment or a job offer:

5.2.1. The job offer is genuine, and not part-time or seasonal,

5.2.2. The individual is urgently required by the employer,

5.2.3. The individual is reasonably able to carry out the functions of the job offer,

5.2.4. That Canadians and Permanent Residents had been considered first to fill the job; and

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

5.3. Prince Edward Island is responsible for conducting due diligence to verify that, in the case of a business nominee or a potential business nominee:

5.3.1. The proposed business is consistent with Prince Edward Island’s requirements, and that the business plan is economically plausible,

5.3.2. The applicant is likely to establish the proposed business,

5.3.3. The applicant is reasonably able to carry out the functions of business ownership/management,

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

5.3.5. Having met the above conditions, that there are compelling reasons to authorize the business activities of the individual prior to completion of permanent residence processing.

5.4. Prince Edward Island will keep written or electronic records of its assessments of due diligence described in sections 5.2 and 5.3 for a minimum of six (6) years from the date of the issuance of a letter of support and will share those records with Canada if requested to do so, subject to section 11.4 of the General Provisions of this Agreement

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

5.5.1. The nominated individual is urgently required by the employer,

5.5.2. The job offer is genuine and the job offer will create economic benefits or opportunities;

5.5.3. The employment is not part-time or seasonal; and,

5.5.4. The wages and working conditions of the employment would be sufficient to attract and retain Canadian citizens or permanent residents, as per provincial wage rates.

5.6. In the case of a business nominee, where Prince Edward Island has conducted the due diligence as described in section 5.3, and is of the opinion that entry of a foreign national under a work permit is of significant benefit to Prince Edward Island, the Prince Edward Island may support an application for a work permit pursuant to section 204(c) of the IRPR with a letter indicating that issue a letter indicating that:

5.6.1. 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 residents in Prince Edward Island.

5.7. Where Prince Edward Island is considering an application for nomination under the business category of the Provincial Nominee Program, has conducted due diligence as described in section 5.3, and is of the opinion that entry of a foreign national under a work permit to carry out business activity is of significant benefit to Prince Edward Island, Prince Edward Island may support an application for a work permit pursuant to section 205(a) of the IRPR with a letter indicating that:

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

5.7.2. Prince Edward Island is of the opinion that the planned business activity will be of significant benefit to the province; and,

5.7.3. Prince Edward Island is requesting that Canada issue a work permit for a specific period, up to a maximum of two (2) years.

5.8. Canada agrees to process applications for work permits supported by letters issued by Prince Edward Island as expeditiously as possible.

5.9. Upon receipt of the application for a work permit, together with a letter for support from Prince Edward Island, Canada will:

5.9.1. Determine the eligibility of the applicant for a work permit pursuant to section 200 of the IRPR;

5.9.2. Determine the admissibility of the applicant with respect to legislative requirements; and

5.9.3. Issue a work permit to applicants who meet all the requirements of the Prince Edward Island and the eligibility and admissibility requirements of the IRPA and the IRPR.

5.10. Where a temporary work permit issued under section 5.9 of this Annex is due to expire and Prince Edward Island has nominated that foreign national and the foreign national has applied for permanent residence and has been found eligible, Canada may issue a Bridging Open Work Permit to that foreign national pursuant to section 205(a) of the IRPR.

6.0 Program Integrity

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

6.2. Canada and Prince Edward Island may share the design and results of their integrity exercises with the other party, to the extent permitted by the Memorandum of Understanding Concerning Information Sharing between Canada and Prince Edward Island.

6.3. Subject to section 11.5 of the General Provisions of this Agreement, Canada and Prince Edward Island will cooperate to ensure the integrity of the Provincial Nominee Program, including, but not limited to, activities such as:

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

6.3.2. Sharing information including personal information and intelligence related to program abuses, subject to privacy law and to the extent required by the Memorandum of Understanding Concerning Information Sharing between Canada and Prince Edward Island;

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

6.3.4. Coordinating and streamlining investigations involving both jurisdictions; and

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

6.4. Canada and Prince Edward Island will continuously seek to improve program integrity by acting upon knowledge gained through periodic program integrity and quality assurance activities, with an emphasis on:

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

6.4.2. Establishing measures to strategically and systematically mitigate risks;

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

6.4.4. Targeting program integrity training.

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

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

6.7. Where suspected or confirmed systemic program integrity concerns exist related to any of Prince Edward Island’s Provincial Nominee Program streams, categories or pilot projects, Prince Edward Island may suspend intake of applications for nomination. In the event of a suspension, Prince Edward Island will inform Canada without delay.

6.8. Where suspected or confirmed systemic program integrity concerns exist related to any of Prince Edward Island’s Provincial Nominee Program streams, categories or pilot projects, Canada may suspend intake of applications for permanent residence. In the event of a suspension, Canada will inform Prince Edward Island without delay.

6.9. Canada and Prince Edward Island 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 (5) year cycle in order to meet federal accountability and evaluation requirements. The evaluation will include the relevant components of Prince Edward Island’s Provincial Nominee Program determined by Canada as necessary for a national evaluation. Prince Edward Island 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 Prince Edward Island, 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. Prince Edward Island 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 Prince Edward Island’s Provincial Nominee Program Annual Report referenced in section 3.4.1. 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 Prince Edward Island. 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 Prince Edward Island.

7.4. Prince Edward Island will establish and communicate the objectives for their Provincial Nominee Program and each stream there within to Canada.

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

7.5.1. The evaluations 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 Prince Edward Island’s Annual Report as per Schedule A.

7.5.2. Prince Edward Island will consult with Canada on the terms of reference for the evaluation.

7.5.3. Prince Edward Island will provide a copy of the evaluation including the management responses and associated action plan, to Canada.

7.5.4. Prince Edward Island will report to Canada on the status of the provincially agreed upon action plan on an annual basis until the completion of all action items.

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

7.6. In addition to the data reported annually under section 7.2, and 3.4.1, Prince Edward Island will ensure that the requisite national evaluation information as identified in section 7.2 is available. Prince Edward Island will cooperate with Canada, to the extent permitted by law, including the sharing of relevant program information and data, and facilitating access to program staff and clients for the purpose of gathering additional information required for the national evaluation.

7.7. As set out in the Memorandum of Understanding Concerning Information Sharing Between Canada and Prince Edward Island referred to in section 11.4 of the General Provisions of this Agreement, Canada and Prince Edward Island agree to share information on prospective and actual permanent resident admissions to aid in the evaluation and management of Prince Edward Island’s Provincial Nominee Program.

7.8. Prince Edward Island 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 Prince Edward Island 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 set out in section 11.4 of the General Provisions of this Agreement, terms and conditions governing information sharing are established under the Memorandum of Understanding Concerning Information Sharing Between Canada and Prince Edward Island.

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

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

9.0 Dispute Management and Resolution

9.1. In the case of a Dispute under this Annex, Canada and Prince Edward Island 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 the 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 Prince Edward Island 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 Prince Edward Island Provincial Nominee Program.

9.2.1. Canada will provide written notification to Prince Edward Island of the date when the Processing Pause will start.

9.2.2. Canada will provide written notification to Prince Edward Island of the date when the Processing Pause will end.

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

10.0 General

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

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

10.1.2. For Prince Edward Island, the Director of Prince Edward Island Provincial Nominee Program.

10.2. This Annex will take effect when the General Provisions of the Canada-Prince Edward Island Immigration Agreement is signed by the last of the Parties to do so and will be valid for five (5) years.

10.3. 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.

10.4. 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.

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

10.6. This Annex will be terminated by the coming into force of a subsequent Provincial Nominee Annex.

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 Prince Edward Island Processing
      • Nomination certificates issued
      • Nominees who were Temporary Foreign Workers at time of nomination
      • Prince Edward Island processing: Applications received, Applications declined, Nominations issued, Nominations withdrawn, inventories, processing times
    • Landings, Retention and Economic Outcomes
      • Nominees admitted who have not reported to Prince Edward Island within 3 months of landing
      • Nominees Residing in Prince Edward Island
      • Outcomes of Business Nominees
    • Program Development, Promotion and Recruitment
      • Promotion and recruitment activities, including those targeting French-speaking immigrants to Prince Edward Island
      • French-Speaking immigrants to Prince Edward Island: 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 Prince Edward Island’s Provincial 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 Prince Edward Island’s 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 Prince Edward Island applications under this stream?
    3. The projected number of nominations under this stream, and its share of overall nominations?
3. Analysis:
  1. Criteria: Prince Edward Island 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. Prince Edward Island will also provide any rating guide or points grid used to evaluate the criteria established
  2. Process: in some cases, Canada may request that Prince Edward Island 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 or category criteria and/or application process
  2. What is the expected timeframe for this change?
2. Rationale:
  1. What does Prince Edward Island aim to achieve by making these changes?
  2. What impact (if any) does Prince Edward Island anticipate that these changes will have on:
    1. The projected volume of Prince Edward Island 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 Prince Edward Island application process?

3. Analysis: Prince Edward Island 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. Prince Edward Island 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 or category is Prince Edward Island planning to close/suspend?
  2. What is the effective date of this change?
2. Rationale:
  1. Why has Prince Edward Island decided to eliminate/suspend this stream or category?
  2. Does Prince Edward Island plan to replace this stream/category, or to refer this applicant population to a different stream or category within the current program?
  3. What impact (if any) does Prince Edward Island 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 or category? If so, how large?
  2. What are the timeframes for clearing the inventory of applications under this stream or category?

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