Agreement to Amend the Canada - British Columbia Labour Market Development Agreement (Signed on March 27, 2018)

Annex 1 – Description of BC benefits and measures

1.0 Purpose

1.1 The purpose of this Annex to the Canada-British Columbia Labour Market Development Agreement ("Agreement") is to describe the programs and services, also referred to as benefits and measures that will be provided by British Columbia.

2.0 Objectives

2.1 The objective of British Columbia benefits and measures is to assist individuals to prepare for, obtain, and maintain employment and to reduce their dependency on government forms of income support including EI benefits and social assistance.

2.2 In support of this objective and the objective of eliminating overlap and duplication, British Columbia intends to incorporate the following design features:

• a) harmonization with provincial employment initiatives to ensure that there is no unnecessary overlap or duplication;
• b) flexible and broad array of client centered services, supports and benefits to participants;
• c) reduction of dependency on unemployment benefits by helping individuals obtain or keep employment;
• d) co-operation and partnership with other governments, employers, community-based organizations and other interested organizations;
• e) flexibility to allow decisions to be made at a local level;
• availability of assistance under the benefits and measures in either official language where there is significant demand for that assistance in that language;
• f) commitment by persons receiving assistance under the benefits and measures to
  • (i) achieving the goals of the assistance,
  • (ii) taking primary responsibility for identifying their employment needs and locating services necessary to allow them to meet those needs, and
  • (iii) if appropriate, sharing the cost of the assistance; and
• g) implementation of the benefits and measures within a framework for evaluating their success in assisting persons to obtain or keep employment.

2.3 British Columbia will be responsible for selecting priority clients for British Columbia benefits and measures but only EI Clients will be given access to British Columbia Benefits funded under this Agreement.

3.0 British Columbia benefits

British Columbia will provide a broad range of services to enable EI Clients to obtain employment.

a) Employment services

Employment services will be made available to encourage employers to hire to the fullest extent possible, EI Clients who are at risk of extended periods of unemployment and/or provide participants with short term work experience to help them acquire skills needed by local employers. Benefits will be used to:

I. Employment Services – Wage Subsidy Component

Support training on the job and work placement activities will include targeted wage subsidies to employers and work tools or equipment, short term training and other employment related supports.

II. Employment Services – Work Experience Component

Develop employment partnerships with employers and community groups that provide meaningful work experience opportunities for EI Clients and which also help develop the community and local economy.

b) Self-employment assistance

British Columbia will provide self-employment services to assist EI Clients to start businesses and become self-employed. Services may include entrepreneurship training, individualized coaching and client supports.

c) Skills development

British Columbia will implement a benefit for the education and training of EI Clients so they can obtain the skills necessary for employment.

This benefit will include the costs ordinarily paid by British Columbia over and above the amounts recovered through tuition fees, with respect to each EI Client receiving financial assistance under Skills Development and attending a publicly funded training institution.

d) Earnings supplement

British Columbia may implement targeted earnings supplements to enable some people currently on EI or who are long-term unemployed people to accept low-wage jobs. Temporarily topping up low-wage salaries means that people who would not enter at the lower wage rate can re-enter the work force.

4.0 British Columbia Measures

a) Employment Assistance Services

Employment Assistance Services will be used to help clients to obtain employment. Services may include needs determination, employment counseling, job search training and provision of labour market information.

British Columbia will provide services to meet the needs of specific client groups and local communities through a service delivery network that is further described in Annex 3.

Employment Assistance Services will be used to support the delivery of National Employment Service functions and will available to job seekers.

b) Labour Market Partnerships

Through work with employer and employee groups, sectoral associations and other partners, British Columbia will facilitate labour market activities that promote labour force development, workforce adjustment and effective human resources planning.

It is understood that Labour Market Partnerships may be used to provide assistance for employed persons if they are facing a loss of their employment or need that assistance to maintain their employment.

c) Research and innovation

British Columbia will develop a provincial measure to support research, planning and innovative activities that address the needs of those in the British Columbia labour market.

Annex 2 – National employment service functions and Labour Market Information

1.0 Purpose

• 1.1 The purpose of this Annex is to set out:
  • a) the National Employment Service functions delegated to British Columbia by the Canada Employment Insurance Commission;
  • b) the Parties’ respective roles in respect of the delegated functions of the National Employment Service; and
  • c) how the Parties will cooperate and collaborate in the gathering, analyzing, production, dissemination and use of labour market information.

2.0 National employment service – Functions delegated to British Columbia

Pursuant to section 60 of the Employment Insurance Act, the Canada Employment Insurance Commission is responsible for maintaining a National Employment Service (NES). As part of the NES, the Commission operates a national labour exchange service and information technology platform known as Job Bank where employers can prepare and advertise employment opportunities and where job seekers can search for employment.

• 2.1 Pursuant to Article 4.0 of this Agreement British Columbia agrees to perform the following functions:
  • a) review job postings of job vacancies prepared by employers for publication in Job Bank in accordance with Canada’s requirements; and
  • a) authorize the publication of job postings that meet Canada’s requirements into Job Bank
• 2.2 In performing these functions, British Columbia shall:
  • a) comply with Canada’s requirements, including but not limited to requirements on identity management, security and privacy;
  • b) ensure that there is no discrimination within the meaning of the Canadian Human Rights Act in regards to a job posting;
  • c) ensure that sufficient resources are dedicated to the performance of the functions set out in section 2.1 in order to meet Canada’s service standards for processing and response times in relation to job postings in Job Bank;
  • d) communicate with employers and employer representatives to resolve any issues in respect of their request to publish a job posting in Job Bank view; and
  • e) respond to enquiries and provide service support to employers and employer representatives in accordance with accessibility requirements that Canada may require.
• 2.3 Canada shall:
  • a) provide to British Columbia a copy of Canada’s requirements, standards and accessibility requirements that will guide British Columbia in performing the functions of the National Employment Service under this Agreement described in section 2.2 (a), (c) and (e);
  • b) provide to British Columbia a copy of any updates and or modifications to Canada’s requirements, standards and accessibility requirements described in paragraph (a);
  • c) provide British Columbia with training to support the performance of its functions and responsibilities set out in section 2.1 and 2.2; and
  • d) maintain and provide British Columbia with electronic access to Job Bank, as well as future information technology applications required for British Columbia to fulfill the functions and responsibilities set out in section 2.1 and 2.2.
• 2.4 Canada and British Columbia agree to participate in an annual discussion on plans and priorities for future changes and enhancements to Job Bank and it labour exchange services.

3.0 Cooperation on Labour Market Information

• 3.1 Canada and British Columbia agree to the preparation of a joint labour market information strategy which will set out how each party will cooperate in gathering, analyzing, producing, disseminating and using local, provincial and national labour market information to support economic progress.
• 3.2 In the joint Strategy, Canada and British Columbia agree to clarify their respective roles and responsibilities, to encourage partnerships and ensure complementarily such that there is no unnecessary overlap and duplication.
• 3.3 Canada is responsible for the National Labour Market Information System with which it will produce and disseminate labour market information and products connected with proper management of the Employment Insurance Account, entitlement to and continuation of EI benefits, and information for Employment Insurance users, as well as those required for the planning and delivery of HRSDC activities relating to this Agreement.
• 3.4 British Columbia will be responsible for producing local, regional and provincial labour market information needed to assume the responsibilities conferred on it in this Agreement, as well as disseminating within British Columbia, labour market information relating to the implementation of this Agreement and participating in and maintaining a link with the National Labour Market Information System.
• 3.5 Local, regional, provincial and national labour market information may include:
  • a) occupational profiles and forecasts;
  • b) community profiles;
  • c) demographic and labour force profiles and forecasts;
  • d) industrial/sectoral profiles and forecasts;
  • e) wage and salary data;
  • f) conditions of employment;
  • g) vacancy and employment opportunities;
  • h) labour market reviews and trends;
  • i) occupational demand and skill shortage lists;
  • j) potential employer lists;
  • k) lists of training providers and available courses;
  • l) major project updates;
  • m) career resource planning tools; and
  • n) work search tools.

Annex 4 - Performance Measurement Strategy and Targets

1.0 Purpose

1.1 The purpose of this Annex is to set out the mutual understanding and agreement of the Parties on:

• a) the performance measurement strategy
• a) the target setting process, results reporting and results targets.

2.0 Performance Measurement Strategy

Canada and British Columbia recognize the importance of performance measurement for tracking the progress of clients of BC Benefits and Measures; and for reporting to the public on results achieved under this Agreement.

Pursuant to Article 8.1 of the Agreement, the Parties agree to the following Performance Measurement Strategy.

The Performance Measurement Strategy was developed multilaterally by Canada and the provinces and territories through the Forum of Labour Market Ministers (FLMM) Labour Market Transfer Agreements and Performance Measurement Working Group, hereinafter referred to as the “Working Group”. The strategy is informed by a logic model, performance indicators, outputs, outcomes, data elements, definitions and implementation plan.

2.1 Governance

To ensure the Performance Measurement Strategy is up to date, the Parties agree to continue to work together on performance measurement for this Agreement through the Working Group in order to:

• i) Review and assess the implementation and effectiveness of the Performance Measurement Strategy; and
• ii) Identify and propose changes to the Performance Measurement Strategy for approval by Designated Officials.

To plan and carry out evaluation activities for the BC Benefits and Measures funded under this Agreement, the Parties agree to work together through the Evaluation Sub-Committee as described in Article 9.8 of this Agreement.

2.2 Performance Measurement

British Columbia agrees to collect and compile the performance indicator information, which includes, but is not limited to:

• i) Individual level participant information;
• ii) Aggregated individual data;
• iii) Aggregated employer data; and
• iv) Information related to Research and Innovation investments.

2.3 Performance Indicators

British Columbia agrees to collect and compile the data necessary to support performance indicators developed by the Working Group. This data will be combined with federally available data to measure the following outcomes:

• i) Participation of individuals and employers in programs and services;
• ii) Progression of individuals along the continuum to labour market participation;
• iii) Improved workforce capacity of employers/industries;
• iv) Employers/Industries better able to manage labour market challenges;
• v) Employment, increased earnings and positive net impacts for individuals; and
• vi) Sustainable employment of individuals.

2.4 Personal Information

The nature of the exchange of personal information is detailed in Annex 5, entitled “Canada – British Columbia exchange of information and data sharing arrangements”, to this Agreement.

2.5 Reporting

• i) Reporting to Canada
  1. Annual Report to Canada
     In accordance with Article 8.4 of the Agreement, the Annual Report will include, but is not limited to:
     1. Information on stakeholder engagement, including the outcomes of that engagement;
     2. Description of activities undertaken in the fiscal year, including outcomes;
     3. Aggregate information about individuals;
     4. Aggregate information about employers and their participation; and
     5. Descriptive information about investments in innovative approaches.
  2. Quarterly reporting to Canada
     On a quarterly basis, British Columbia will report to Canada on all performance indicators through data uploads as described in Annex 5 to this Agreement. This includes individual participants’ social insurance numbers.
• ii) Annual public reporting
  
  Annually Canada will work collaboratively with British Columbia to produce a national report on the Labour Market Development Agreements. Canada will share a preliminary annual national report with British Columbia for review and input prior to the publication of the final report.
• iii) Reporting to Parliament
  
  Canada will report annually to Parliament on the results of the Labour Market Development Agreements through the Employment Insurance Monitoring and Assessment Report.

2.6 Implementation

• Where circumstances prevent full implementation by April 1, 2019, British Columbia will substantially implement the performance measurement strategy by April 1, 2019.
• British Columbia will develop and share with Canada a work plan to achieve full implementation of the performance measurement strategy by April 1, 2020.
• Transitional collection and reporting arrangements will be detailed in the work plan.

2.7 Data Sharing

• Canada and British Columbia recognize the importance of two-way data sharing to support effective analysis of performance for labour market programs and services. Canada will:
  • Share British Columbia level data derived from the EI information;
  • Share British Columbia level data from EI as per the Targeted Referral and Feedback system; and
  • Share British Columbia level data from other sources as they become available.

3.0 Targets and target-setting

3.1 Canada and British Columbia agree that the annual targets for the three results indicators referenced in section 3.1.1 of this annex will be mutually agreed to and be based upon historical data, socio-economic and labour market context, local or regional priorities, the characteristics or requirements of clients, and the funds available for the BC Benefits and Measures. Canada and British Columbia agree that the results targets for the first Fiscal Year of implementation of the BC Benefits and Measures will be soft targets.

3.1.1 Canada and British Columbia agree to jointly establish in advance of each fiscal year during the period of the Agreement mutually agreed results targets for the coming fiscal year using the following results indicators:

• (a) the number of Active EI Claimants who have accessed BC Benefits and Measures;
• (b) the number of EI Clients returned to employment; and
• (c) savings to the Employment Insurance Account.

3.2 The results targets for each Fiscal Year will be set out in the Annual Annex for that Fiscal Year.

Annex 5 – Canada- British Columbia Information and Data Sharing Arrangements

1.0 Purpose

1.1 The purpose of this Annex to the Canada-British Columbia Labour Market Development Agreement (the Agreement) is to provide for the exchange of information, including personal information, as defined in section 3 of Canada’s Privacy Act and Schedule 1 of British Columbia’s Freedom of Information and Protection of Privacy Act, and “information” as defined in subsection 30(1) of the Department of Employment and Social Development Act (DESD Act), between the parties. Personal information includes social insurance numbers.

2.0 Authorities

• Canada’s Authorities:
  • 2.1 With respect to the information to be provided by Canada to British Columbia under section 3 of this Annex, Canada confirms that it is authorized under subsection 34(1) of the DESD Act to provide such personal information to British Columbia for the purposes set out in section 3. In this regard:
  • (a) the personal information set out in section 3 consists of information obtained by the Canada Employment Insurance Commission or the Department of Employment and Social Development from persons under the Employment Insurance Act (EI Act), and of information prepared from such information;
  • (b) subsection 34(1) of the DESD Act authorizes the disclosure of the aforementioned personal information to any person or body for the administration or enforcement of the program for which it was obtained or prepared; and
  • (c) the personal information described in section 3 of this Annex will be disclosed to British Columbia only for the purposes described herein.
  • 2.2 With respect to the information to be collected by Canada from British Columbia under section 4 of this Annex, Canada confirms that it is authorized under the EI Act to collect such personal information from British Columbia for the purposes set out in section 4.
• British Columbia’s Authorities:
  • 2.3 With respect to the personal information to be provided by British Columbia to Canada under section 4 of this Annex, British Columbia confirms that it is authorized under paragraph 33.1(1)(d) of British Columbia’s Freedom of Information and Protection of Privacy Act to provide such information to Canada for the purposes set out in section 4.
  • 2.4 With respect to the information to be collected by British Columbia from Canada under section 3 of this Annex, British Columbia confirms that it is authorized under sections 26 (c) and 27 (1) (a) (i) of British Columbia’s Freedom of Information and Protection of Privacy Act, with the consent of the individual the information is about, to collect such information from Canada for the purposes set out in section 3.

3.0 Information to be provided by Canada to British Columbia

3.1 Canada will provide to British Columbia, when requested by British Columbia, on a per individual basis, the following personal information under its control from an individual’s file for the purposes of:

(a) assisting British Columbia in establishing and verifying if the individual qualifies as an EI client who is not an active EI claimant (i.e. who qualifies as a former EI claimant) and is therefore eligible for, or entitled to, assistance under BC Benefits and Measures:

• name
• social insurance number
• address
• postal code
• telephone number
• date of birth
• federal office code – if available
• gender
• language (French or English)
• EI client status, with explanatory messages
• Provincial/Territorial Parental Benefits (P/TPB), if applicable, with explanatory messages
• identification if on an intervention, with explanatory messages; and

(b) in respect of an individual, who has been determined to be an active EI claimant who is eligible for, or entitled to, assistance under BC Benefits and Measures, assisting in determining the nature and level of financial assistance to be provided to the EI client under  British Columbia’s programs:

• name
• social insurance number
• address
• postal code
• telephone number
• date of birth
• federal office code– if available
• gender
• language (French or English)
• EI client status, with explanatory messages
• P/TPB client status, if applicable, with explanatory messages
• identification if on an intervention, with explanatory messages

EI claim information:

• benefit period commencement (BPC)
• type of EI benefit (claim type, e.g. regular, etc.)
• number of eligible weeks
• number of weeks paid (number of weeks paid in special benefits and number of weeks paid in regular benefits identified if on same claim)
• EI benefit rate – Part I
• federal tax deducted
• provincial tax deducted
• week of renewal
• latest renewable week
• last week processed
• expected end date of Part I
• apprenticeship (yes/no)
• apprenticeship waiting period waived (yes/no)
• stop payment – yes/no
  • if yes – date of stop payment
• disentitlements, if applicable
  • start date
  • end date
  • explanatory messages
• disqualifications, if applicable
  • start date
  • disqualification weeks remaining
  • explanatory messages
• allocation of earnings
  • start week
  • end week
  • allocation of earnings weekly amount
  • amount of last week of allocation of earnings

Canada, may on its own initiative, provide to British Columbia an update on all or any of the above information, for use by British Columbia in reviewing, as needed, the purpose and amount of the financial assistance provided to the EI recipient by British Columbia.

3.2  When Canada is unable to successfully process the information submitted by British Columbia pursuant to section 4.2 of this Annex, regarding the referral by British Columbia of an active EI Claimant to a British Columbia Benefit, for purposes of sections 25 and 27 of the EI Act, Canada will provide to British Columbia any or all of the following personal information under its control on the EI Clients so referred, for use by British Columbia in reviewing and/or modifying the information previously submitted to Canada:

• name
• social insurance number
• EI client status
• P/TPB client status
• federal office code, if available
• provincial office code, if available
• intervention type (e.g. training, job creation, self-employment)
• training ID (for training interventions)
• institution code, if available
• apprentice indicator
• no claimant report code (for apprentices)
• start week(s)/date(s) of intervention
• end week(s)/date(s) of intervention
• intervention break start week/date
• intervention break end week/date
• agreement/file number
• rate (EI Part II)
• error code
• definition of error code

3.3 Canada will provide to British Columbia on a quarterly basis any or all of the following personal information under its control on all EI clients and non-insured participants who have received assistance from British Columbia under BC Benefits and Measures, for use by British Columbia for: the review, analysis and verification of the data calculated/held by Canada; planning, delivery and administration of BC Benefits and Measures; and for monitoring, assessing, evaluating and reporting about the effectiveness of the assistance provided. This information will be provided in a mutually agreed upon format.

3.3.1 Based on the quarterly data files on insured and non-insured participants who are participating in under BC Benefits and Measures, as provided by British Columbia in section 4.3, the following personal information will be provided to British Columbia by Canada in a return file:

• social insurance number
• provincial office code
• EI client status
• benefit period commencement
• initial benefit entitlement weeks
• last week of entitlement
• benefit rate
• month code
• last week processed
• total weeks paid
• weeks paid sub-counter
• unpaid benefits
• training ID
• intervention code
• intervention start date
• intervention end date
• training/self-employment project start week
• training/self-employment project end week
• action plan ID
• action plan start date
• action plan result (case manager)
• action plan result week/date
• result week (calculated)
• apprenticeship client indicator
• unit 143 – LMDA EI claimant who finds employment before the end of their entitlement period as a result of BC Benefits and Measures
• unit 144 – LMDA EI claimant who is recorded as employed after their entitlement period as a result of a BC Benefit and Measure
• unit 145 – LMDA EI Claimant who becomes employed before the end of their entitlement period as a result of a BC group service
• unit 146 – former LMDA EI claimant who becomes employed as a result of BC Benefits and Measures
• unit 152 –EI Part I unpaid benefits resulting from EI Claimants employed before end of insurance entitlement period, as a result of BC Benefits and Measures (corresponds to unit 143 – non-TWS)
• unit 153 – LMDA EI Part I unpaid benefits resulting from EI claimants employed before end of insurance entitlement period as a resultof an British Columbia TWS intervention (wage subsidy - corresponds to unit 143 – TWS program)
• unit 154 –EI Part I unpaid benefits resulting from EI Claimants employed before end of insurance entitlement period as a result of a BC group service (corresponds to unit 145)

3.4 Upon request, and based on the quarterly data files of EI Clients and non-insured participants who are participating in British Columbia programs funded with EI Part II monies, as provided by British Columbia in section 4.3, the following personal information will be provided to British Columbia for: the review and verification of Canada’s reporting of results; planning, delivery and administration of BC Benefits and Measures; and for monitoring, assessing, evaluating and reporting about the effectiveness of the assistance provided. The personal information will be provided in two different data sets (by client and intervention):

• social insurance number
• age
• gender
• designated group indicators (persons with disabilities, members of visible minority groups, aboriginal peoples, Immigrant)
• provincial office code
• EI client type
• action plan ID (ICM Service Plan number)
• action plan start date
• action plan end date
• action plan result
• action plan result date (if available)
• intervention code (type of intervention)
• intervention start date
• intervention end date

3.5 Canada will provide to British Columbia, when requested by British Columbia and based on the selection criteria identified by British Columbia, on a per individual basis, any or all of the following personal information under Canada’s control from an individual’s file for the purpose of assisting British Columbia in contacting, in order to facilitate their return to work:

•  name
• social insurance number
• address
• postal code
• telephone number
• e-mail address (if available)
• gender
• date of birth
• education by level
• official language of service (written)
• official language of service (spoken)
• federal office code associated with the client’s postal code
• provincial office/catchment code associated with the client’s postal code
• referral type (occupation in demand/job-ready or other)
• referral source (Appli-web, second referral)
• referral code and reason (i.e. the targeting criteria used to refer the client)
• National Occupational Classification (NOC) code for the most recent job

3.6 Upon request, Canada will provide to British Columbia, any or all of the following personal information under its control, on all EI clients residing in British Columbia, who are active EI Claimants, to assist British Columbia in the strategic planning of the delivery of BC Benefits and Measures:

• postal code (first three digits)
• provincial office/catchment code
• EI economic region
• age at benefit period commencement
• preferred official language (French or English)
• gender
• disability status (where available as self-identified information)
• visible minority (where available as self-identified information)
• Aboriginal group (where available as self-identified information)
• education level (where available as self-identified information)
• EI claim status
• EI claim category (long-tenured worker, occasional claimant, frequent claimant)
• regular EI claimant without declared earnings – yes/no
• seasonal user
• weekly benefit rate
• number of entitlement weeks
• renewal week
• benefit period commencement
• first week of the last claimant’s report sent
• cut-off date (first insurable week)
• insured weeks/hours
• last week processed
• total number of weeks paid
• total benefits paid since the claim began
• last week worked
• insurable earnings
• National Occupational Classification (NOC) code of last job
• North American Industry Classification System code of last job

Any reports created by British Columbia or Canada involving these data elements must be in cells of no less than 10.

3.7 British Columbia understands that it cannot use any of the personal information received from Canada under this Annex for research or statistical purposes.

• 3.7.1 Should British Columbia wish to receive from Canada personal information for research and/or statistical purposes, Canada will assess each request on a case-by-case basis. Canada may make personal information available to British Columbia for research and/or statistical purposes upon being satisfied that the conditions set out in section 38 of the DESD Act are met. The information to be shared would be the subject of a separate information-sharing agreement.

3.8 For the purposes of detecting overpayments of financial assistance due to error, misrepresentation or fraud in relation to an individual or individuals receiving, or who have received assistance from British Columbia under British Columbia Benefits funded under this Agreement, Canada will provide to British Columbia where available and upon written request, on a per individual basis, any or all of the following personal information under Canada’s control about an individual:

• name
• social insurance number
• birth date
• address
• postal code
• telephone number
• type of benefits
• benefit commencement period
• waiting period weeks (in week code)
• gross weekly benefit rate (excluding the family supplement)
•  net weekly benefit rate (excluding the family supplement)
• claim termination date
• number of entitlement weeks
• last week processed (in week code)
• weeks paid (in week code)
• payment indicator for each of the declarations referenced
• name and address of employer who issued the last record of employment used to establish the EI claim during which the client began participation in an British Columbia intervention
• NOC code of last job
• number of insurable hours of last job
• explanatory messages

3.9 Canada may also, on its own initiative, provide to British Columbia the information listed in section 3.8 about any individual who has received, or is receiving, assistance under Canada’s programs where it suspects that the individual is not entitled to that assistance or insurance benefits under Part I of the EI Act to which the individual is not entitled.

3.10 Following amendments to Canada’s EI Act, Canada will provide to British Columbia, when requested by British Columbia, on a per individual basis, any or all of the following personal information under its control in respect of each Active EI Claimant who is receiving or has received financial assistance while participating in British Columbia Benefits, to assist British Columbia in communicating with the client or in determining whether any revisions to British Columbia financial assistance are required:

• name
• social insurance number
• address
• postal code
• telephone number
• language (English or French)
• federal office code
• Part I benefit period commencement
• Part I end date
• original EI entitlement (in weeks)
• amended EI entitlement (in weeks)
• total weeks paid to date
• last week processed
• intervention type
• training ID
• start week(s)/date(s) of intervention
• end week(s)/date(s) of intervention
• agreement/file number
• benefit rate
• last renewable week

4.0 Information to be provided by British Columbia to Canada

4.1 British Columbia will provide Canada, on a per individual basis, the following personal information under its control about each of its clients who has submitted an application under BC Benefits and Measures, for the purposes of establishing and verifying if the individual qualifies as an EI Client:

• social insurance number
• name
• eligibility date

 4.2 British Columbia will provide to Canada for the following purposes, the following personal information under British Columbia’s control about each Active EI Claimant who is receiving assistance under British Columbia Benefits:

• (a) to ensure that Active EI Claimants continue to receive the insurance benefits under Part I of the EI Act to which they are entitled while participating in British Columbia Benefits (for purposes of section 25 of the EI Act):
  • name
  • social insurance number
  • provincial office/catchment code
  • intervention type (e.g. training, job creation, self-employment)
  • training ID (for training interventions)
  • institution code (if available)
  • start week(s)/date(s) of intervention
  • end week(s)/date(s) of intervention
  • intervention break start week/date
  • intervention break end week/date
  • authorization for absence from Canada during intervention, with dates (if available)
  • agreement/file number (if available)
  • apprentice indicator (if available)
  • no claimant report code (for apprentices) (if available)
  • rate (EI Part II)
• (b) to allow Canada to verify the ongoing eligibility of Active EI Claimants for, or entitlement to, insurance benefits under Part I of the EI Act (for the purposes of sections 25 and 27 of the EI Act):
  • name
  • social insurance number
  • intervention type
  • date for absence from or for leaving the intervention prior to completion
  • reason for absence from, for departure, for abandoning, or for cancelling participation in the intervention, if known
• (c) to allow Canada to determine the eligibility for, or entitlement to, employment insurance benefits under Part I of the EI Act of an individual who is authorized by British Columbia to quit their job in order to participate in a British Columbia Benefit (for the purposes of section 25 of the EI Act):
  • name
  • social insurance number
  • date on which the individual is authorized to quit their job/British Columbia’s authorization takes effect (last day of work)
  • start date of participation in a British Columbia Benefit, and rationale if more than two weeks after last day of work
  • name and signature of designated authority, with signature date

4.3 Where available, British Columbia will provide to Canada the following personal information under British Columbia’s control:

• (a) about each EI Client who is participating in BC Benefits and Measures, and
• (b) for each non-insured participant (who is not an EI Client) who is participating in BC Benefits and Measures,

for the purpose of assisting Canada in monitoring, assessing and evaluating the effectiveness of the assistance provided by British Columbia under BC Benefits and Measures, which Canada is required to do under Articles 9 and 11 of this Agreement:

• Name
• Social insurance number
• Address
• Postal code
• Date of birth
• Telephone number
• Email address
• Gender
• Marital status
• Number of dependants
• Disability status
• Indigenous identity
• Immigrant status
• Immigration year
• Visible minority status
• Highest level of education
• Federal official language of choice
• Federal official language of service
• Employment status
• Precarious employment status
• Provincial/catchment office code
• Intervention name
• Intervention code
• Intervention start date
• Intervention end date
• Intervention outcome
• Credential/certificate earned
• National Occupational Classification
• Action Plan start date
• Action Plan end date
• Action Plan outcome
• Action Plan outcome date
• Increase in literacy and essential skills

The above information will be updated by British Columbia on a monthly basis, or (for periodic evaluations) upon request when available.

4.4 For the purposes of detecting overpayments of insurance benefits under Part I of the EI Act, due to error, misrepresentation or fraud, to an individual or individuals who are participating in, or have participated in British Columbia Benefits funded under this Agreement, British Columbia will provide to Canada upon written request on a per individual basis, any or all of the following personal information under British Columbia’s control about an individual:

• name
• social insurance number
• birth date
• address
• postal code
• telephone number
• reason for separation from employment, if known (pre-intervention)
• whether or not the individual reported for an interview as directed
• interview details (counsellor seen/scheduled to be seen, date, time and location of interview)
• method used to direct client to report
• reasons for not reporting
• reason individual is not capable of work/intervention/service
• reason individual is not available for work/intervention/service
• authorization for absence from Canada during intervention, with dates, if applicable
• date(s) absent from Canada/area without authorization
• reason absent from Canada/area without authorization
• intervention type (e.g. training, job creation, self-employment)
• training ID (for training interventions)
• institution code (if available)
• start week(s)/date(s) of intervention
• end week(s)/date(s) of intervention
• intervention break start week/date
• intervention break end week/date
• agreement/file number
• apprentice indicator
• rate (EI Part II)
• total number of weeks paid (EI Part II)
• last week paid (EI Part II)
• payment indicator for each EI Part II payment referenced
• reason for withdrawal from British Columbia Benefits
• reason for termination from British Columbia Benefits
• reason earnings not reported to Canada during the weeks they were earned (if known)
• date of return to work
• employer name and address
• employer telephone number
• explanatory messages

4.5 British Columbia may also, on its own initiative, provide to Canada the information listed in section 4.4 about any individual who has received or is receiving:

• (a) assistance under British Columbia Benefits to which British Columbia suspects the individual was/is not entitled; and/or
• (b) insurance benefits under Part I of the EI Act to which British Columbia suspects the individual was/is not entitled.

4.6 Following amendments to the EI Act, British Columbia will provide to Canada any or all of the following personal information under British Columbia’s control in respect of each individual who is receiving or has recently received financial assistance while participating in British Columbia Benefits, in order for Canada to determine which of these individuals is receiving or has recently received Part I benefits under the EI Act, which in turn will assist British Columbia in communicating with the client and/or in determining whether any revisions to British Columbia’s financial assistance are required:

• name
• social insurance number
• address
• postal code
• start week(s)/date(s) of British Columbia intervention
• end week(s)/date(s) of British Columbia intervention

4.7  British Columbia will provide to Canada the following personal information under British Columbia’s control on the results of British Columbia’s efforts to contact the individuals identified by Canada under section 3.5 of this Annex, for the purpose of assisting Canada in assessing the impact of those efforts in facilitating each individual’s return to work, and verifying the individual’s ongoing eligibility for, or entitlement to, employment insurance benefits under Part I of the EI Act:

• social insurance number
• date of successful contact
• result of contact
• date of scheduled interview with a designated official or case manager (if applicable)
• reason why the individual did not appear for the scheduled interview (if applicable)
• comments

5.0 Security requirements for user identity and access management

5.1 In the context of allowing a British Columbia employee to access Canada’s systems and personal information held by Canada, British Columbia will provide to Canada a written description of its policies and procedures relating to performing and managing Personnel Security Screening Checks (PSSC) when assigning an employee to a position that deals with personal information.

5.2 In accordance with the legislative, regulatory and policy requirements of their employer, British Columbia employees who access personal information provided by the other party under this Agreement must obtain and retain a personnel security screening level that is commensurate with the handling of personal information.

5.3 The Parties will ensure that only authorized individuals have access to and use of the personal information exchanged under this Agreement and only as is required for the performance of their duties under this Agreement.

5.4 British Columbia will conduct PSSC of their employees and contractor’s employees based on standards similar or equivalent to those of the Government of Canada. British Columbia PSSC will include a nation-wide criminal records check. Once British Columbia has completed the PSSC for its own or a contractor’s employees, British Columbia will retain a copy of the PSSC and the individual’s signed written consent to initiate the PSSC.

5.5 British Columbia will provide an annual attestation that a valid PSSC for each of their employees is on file and that any risks identified during the screening process have been discussed with the other party prior to granting access. British Columbia will retain, and upon request will provide to Canada, the following personal and non-personal information under its control for each British Columbia employee who requires access to Canada’s systems and information, and who has completed the PSSC:

• name, including middle name
• date of the Personnel Security Screening Check completion
• name of approving authority
• position of approving authority
• signature of approving authority, with date

5.6  Once a Personnel Security Screening Level has been granted, it remains valid for 10 years, provided there has not been a break in employment for a period of more than 1 year. British Columbia will conduct a new Personnel Security Screening Check for their Authorized Users at least every 10 years (or more frequently, if required under British Columbia’s policy), in order to update the Personnel Security Screening Level of their Authorized Users. ESDC may suspend system access for Authorized Users whose Personnel Security Screening Level expires, until such time as their Personnel Security Screening Level is renewed.

5.7  British Columbia will promptly inform Canada when a British Columbia employee ceases to need access to any of Canada’s systems.

6.0 Information protection and security

6.1  All personal information obtained under this Agreement shall be collected, used, maintained, stored, retained, disclosed, destroyed or disposed of and otherwise administered and protected in accordance with all applicable legislation. Personal Information is to be safeguarded at a high level of protection to ensure the integrity, privacy and security of the disclosure process.

6.2 In the event of a breach or incident involving personal information that was accessed or collected from the other party, the party responsible for the privacy breach or incident will promptly notify the other party and follow the process described in  Appendix A.

7.0 Mode of information exchange

7.1 Canada and British Columbia have entered into a separate service level agreement outlining systems and security requirements.

7.2 Unless otherwise specified in this Agreement, personal Information and reports covered by this Annex will be provided by each party in a mutually agreed format, frequency and manner.

7.3 Canada and British Columbia agree to notify each other within a reasonable time of any change affecting communication protocols or methods, data bank access procedures or systems. The Parties agree to participate in compatibility tests when changes are made to such protocols, methods or procedures.

7.4 British Columbia may request improvements to Canada’s applications used by British Columbia. If deemed appropriate, suggested improvements will be taken into account in Canada’s priority-setting process. Nothing in this clause limits the development activities that must be pursued by both parties in order to ensure personal information exchange between the two organizations.

7.5 Canada agrees to inform British Columbia, in a timely manner, in accordance with the procedures agreed upon by both parties, of any new federal application or any new version of a federal application that is relevant to this Annex.

7.6 Canada and British Columbia are committed to ensuring that the personal information they provide to each other under this Annex is reliable and is provided in a timely, secure, and confidential manner, and they agree to work together in achieving this goal.

8.0 Confidentiality, use and disclosure

8.1 Canada and British Columbia undertake to use their best efforts to fully maintain and protect the confidentiality of the personal information they receive under this Annex.

8.2 Subject to sections 8.3 and 8.4, Canada and British Columbia shall not, in respect of any personal information they obtain from each other under this Annex:

• (a) use that information for a purpose other than that for which it was respectively provided to them; and
• (b) disclose that information to any person or body for a purpose other than that for which it was respectively provided to them.

8.3 Canada and British Columbia may use personal information they obtain from each other under this Annex for a purpose other than that for which it was obtained:

• (a) with the written consent of the individual to whom that information relates;
• (b) if authorized by legislation, with the written consent of the party that provided the information; or
• (c) if required by legislation.

8.4 Canada and British Columbia may disclose personal information they obtain from each other under this Annex to any person or body for any purpose:

• (a) with the consent of the individual to whom that information relates;
• (b) in a form that cannot reasonably be expected to identify the individual to whom that information relates; or
• (c) if required by legislation.

8.5 Unless otherwise required by law or authorized in writing by the other party and subject to section 8.2, a party shall not disclose any personal information, obtained from the other party under this Annex, to a third party for a purpose authorized herein unless there is a written agreement between that party and the third party imposing upon the third party obligations that are the same as those imposed upon that party under this Annex with respect to the protection of this information.

• 8.5.1 For the purpose of section 8.5, a “third party” does not include Shared Services Canada a department of the Government of Canada established under section 4 of the Shared Services Canada Act, S.C. 2012, c. 19, s.117 responsible for the provision of information technology (IT) infrastructure services to Canada, that may include e-mail, data centre (servers) and network services.

8.6  British Columbia acknowledges that it is an offence under section 42 of the DESD Act for anyone to knowingly make available information that is privileged thereunder or to knowingly use or allow such information to be used otherwise than in accordance with that Act. British Columbia acknowledges that this provision applies to employees of British Columbia and third parties to whom the information is disclosed.

8.7 In the event of a request under Canada’s Access to Information Act or Privacy Act for personal information obtained from British Columbia under this Annex, Canada agrees to consult, when required, with British Columbia prior to any disclosure of such information. In the event of a request under British Columbia’s Freedom of Information and Protection of Privacy Act for information obtained from Canada under this Annex, British Columbia agrees to consult, when required, with Canada prior to any disclosure of such information. No consultation obligation referred to in this section will be construed as limiting any legal duty in respect of any disclosure referred to in this section.

9.0 Costs

9.1 Costs incurred by a party in carrying out its obligations under this Annex will be the responsibility of that party.

10.0 Information management

10.1 The personal information exchanged under this Annex shall be collected, used, maintained, stored, retained, disclosed, destroyed or disposed of and otherwise administered and protected in accordance with:

• (a) in the case of Canada, the Privacy Act, the DESD Act, the EI Act, the Library and Archives of Canada Act, and regulations thereto, and any other applicable federal legislation, the Government of Canada’s Policy on Government Security, the Electronic Documents and Records Management Solutions Standard, as well as all applicable federal and departmental policies, protocols, operating directives, and guidelines, governing the administrative, technical and physical safeguarding and disposal of the personal information; and,
• (b) in the case of British Columbia, the Freedom of Information and Protection of Privacy Act and Information Management Act and regulations thereto, as well as all applicable provincial and departmental policies, protocols, operating directives, and guidelines, governing the administrative, technical and physical safeguarding and disposal of the personal information.

10.2 Each party will internally investigate all cases where they have reasonable grounds to believe that any of the conditions set out in this Annex have been or are likely to be breached. This includes any cases where it is alleged, suspected, or there is evidence, that there has been unauthorized collection, access, use, disclosure, modification, disposal or destruction of the personal information exchanged under this Annex, modification of a permitted use, misuse, or breach of confidentiality, or any incident which might jeopardize or has jeopardized the security or integrity of the Parties’ respective computer systems or networks used to access and transmit the personal information, as outlined in Appendix A to this Annex.

10.3 The parties will comply with their respective policies related to the conducting of privacy impact assessments (PIA) and threat and risk assessments (TRA) covering the exchange of personal information under this Annex. When one party is conducting a PIA or TRA, the other party will provide information upon request related to their policies and procedures for managing the personal information provided by the first party, in order to facilitate the completion of the assessment. When the PIA or TRA is completed, the parties agree to provide a copy of the relevant portions of the related reports to each other.

• 10.3.1 Where issues are identified in either the PIA or the TRA, the parties agree to work together to address the issues.
• 10.3.2 When an issue cannot be resolved to the satisfaction of the other party, it shall be referred to the Designated Officials, under section 21.3 of this Agreement.

10.4 The Parties will periodically audit their respective information management practices and procedures in the context of this Annex, to ensure:

• (a) compliance with the requirements of section 10.1; and
• (b) the security, confidentiality and integrity of the personal information exchanged under this Annex.
• 10.4.1 The methodology and format of such audits will be mutually agreed upon.
• 10.4.2 The Parties agree to provide a copy of their respective audit reports and management/corrective action plans to each other.
• 10.4.3 Where deficiencies in a party’s information management practices affecting compliance with the requirements of section 8.1 or the security, confidentiality and integrity of information exchanged under this Annex are identified in an audit report, the party concerned shall take appropriate corrective action to remedy these deficiencies.
• 10.4.4 The parties agree to notify the other party of the actions taken to address any such deficiencies.

11.0 Accuracyof information

11.1 Each party will use its best efforts to ensure the completeness and accuracy of the personal information provided to the other under this Annex. However, it is understood and agreed that they cannot guarantee its accuracy and completeness and will, therefore, not be held responsible by the other party for any damage resulting from the transmission or use of any information that is inaccurate or incomplete.

12.0 Personal information collection, storage and access

12.1 Except as may be permitted by British Columbia’s Freedom of Information and Protection of Privacy Act, personal information (as defined therein) in British Columbia’s custody or under British Columbia’s control may only be stored or accessed in Canada.

12.2 Canada and British Columbia will cooperate to ensure that the provisions of British Columbia’s Freedom of Information and Protection of Privacy Act are respected.

13.0 General

13.1 This Annex can be modified with the written consent of both Parties.