Canada-New Brunswick Agreement on the Atlantic Immigration Program

1. Preamble

1.1. The Canada-New Brunswick Agreement on the Atlantic Immigration Program (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 New Brunswick, as represented by the Minister responsible for Immigration (hereinafter referred to as “New Brunswick”).

2. Definitions

2.1. Definitions from the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR)

2.1.1. For the purposes of this Agreement:

1. except where otherwise provided in this Agreement, words used in this Agreement which are defined in the IRPA or in the IRPR have the same meaning as in the IRPA or the IRPR;
2. a reference to the IRPA or the IRPR is a reference to that 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.

2.1.2. For the purposes of this Agreement:

1. “Atlantic Immigration Program (hereinafter referred to as the “the Program”) means the Parties’ obligations under this Program Agreement entered into and under section 87.3 of the Immigration and Refugee Protection Regulations (hereinafter referred to as “Regulations”) pursuant to which New Brunswick will Endorse foreign nationals to apply to Citizenship and Immigration Canada to become permanent residents of Canada;
2. “Atlantic Provinces” means Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador;
3. “Department” means Citizenship and Immigration Canada;
4. “Designated Representatives” are the primary contacts for both Canada and New Brunswick who are responsible for inquiries, and requests for amendments of this Agreement;
5. “Dispute” means a conflict or disagreement between the Parties respecting:
   1. the interpretation, application, implementation of this Agreement, the IRPA, or the IRPR;
   2. a breach or anticipated breach of this Agreement; or
   3. that the Designated Representatives have been informed in writing of the conflict as per clause 1.4 of Schedule B – Dispute Resolution Process;
6. “Endorse” means to support an application for permanent residence of an applicant under the Program based on a review of (1) the Job Offer made to that applicant to confirm that the Job Offer is made by a designated employer, is genuine to the extent that it represents a real labour market need, is not fraudulent and would be otherwise attractive to a Canadian and (2) the settlement plan(s) which respond to the settlement needs of the Principal Applicant and their accompanying family member(s) as identified by an approved immigrant settlement service provider organization;
7. “Employer” in the context of this agreement, is defined as an individual actively involved in the day to day management of the company and can undertake all associated Program responsibilities. The Employer defines the terms of employment, including the salary of employees, the salary schedule, training of employees and cannot be a third party representative. The Employer is also responsible to address employee performance and facilitate access to training;
8. “RIPPA” means New Brunswick’s the Right to Information and Protection of Privacy Act, and any other legislation governing New Brunswick collection, use and disclosure of personal information;
9. “Fraud” occurs when documentary and/or verbal evidence of incorrect fact is presented for the purpose of obtaining immigration benefits, or services to which the individual is not entitled, or deliberate deception in order to make a personal gain, gain for another, or to create a loss for another;
10. “Immigrant” means a permanent resident, including a Convention refugee abroad and humanitarian-protected persons abroad resettled to Canada, and protected persons in Canada;
11. “Job Offer” is one made by a designated Employer, which is genuine to the extent that it represents a real labour market need, is not fraudulent, is full time, and would otherwise be attractive to a Canadian;
12. “Misrepresentation” means direct or indirect false representation of truth, omission, or concealment of a material fact that induces or could induce an error in the administration of the Immigration and Refugee Protection Act;
13. “Memorandum of Understanding on Information Sharing” refers to a separate Canada- New Brunswick Memorandum of Understanding to be agreed by the Parties hereto;
14. “Party” means Canada or New Brunswick, and “Parties” means Canada and New Brunswick;
15. “Personal Information” means information about an identifiable individual that is recorded in any form, including, without limitation, “Personal Information” as defined for Canada, in the Privacy Act R.S.C 1985, c P-21, to which Citizenship and Immigration Canada (CIC), as a government institution, is subject and for New Brunswick in the Right to Information and Protection of Privacy Act;
16. “Principal Applicant” is the primary applicant on an immigration application. In this Program, the Principal Applicant is the candidate that has been Endorsed by the province;
17. “Processing Pause” means that the Department of Citizenship and Immigration will suspend (or) pause processing of permanent resident applications in the following circumstances:
    1. when New Brunswick asks the Department to hold processing on a specific application or multiple applications; or,
    2. when there is a Dispute between Canada and New Brunswick, as defined in section 2.1.2.d).
18. “Program Integrity and Quality Assurance” is about delivering the right service, to the right person, for the right reasons, in a consistent manner for the purpose of ensuring status/authorization are conferred or refused according to established identity, eligibility, admissibility, and credential issuance criteria; program outcomes are consistent with program objectives; service outcomes (case-level decision-making) are consistent with program authorities; client service standards are upheld; decision-making quality is high and complies with delegated authority; costs are recovered in a timely manner; and clients, employees, and service providers comply with requirements so as to realize the best possible operational results. This may involve the use of standardized approaches and methodologies to manage, assess, adjust, monitor and evaluate the application and performance of operational controls used to manage integrity risk. These approaches may include quality assurance and control assurance to uncover or validate Fraud or Misrepresentation which undermine Program Integrity and Quality Assurance;
19. “Regulations”: Immigration and Refugee Protection Regulations (SOR/2002-227);
20. “Temporary Resident” means a temporary foreign worker, an international student, or a visitor.

3. Purpose and Objectives

3.1. The purpose of this Agreement is to define the roles and responsibilities of Canada and New Brunswick in relation to the Program as described in Regulations to establish provisions concerning the selection of and acquisition of immigration status by foreign nationals endorsed for the Program by New Brunswick.

3.2. In the event of a conflict between this Agreement and the IRPA, or the IRPR, Canada and New Brunswick agree that the IRPA, or the IRPR shall prevail.

3.3. The objectives of this Agreement are:

3.3.1. To strengthen New Brunswick’s capacity to develop, deploy and retain a skilled workforce to address persistent and emerging labour market needs and address the economic development needs of the Atlantic Provinces. This will be accomplished through a collaborative approach to Immigrant selection that emphasizes a coordinated approach between Atlantic Provinces and Immigration, Refugees and Citizenship Canada, other federal and provincial government departments, employers, communities and Immigrant settlement service provider organizations. The Program will aim to improve the retention of Immigrants in the region and distribute the benefits of economic immigration to Atlantic Provinces, including its Francophone minority communities.

4. Roles and Responsibilities

4.1. To recognize that the Program as established by Regulations and this Agreement between Canada and New Brunswick is a federal immigration program, administered with assistance from participating provinces, where:

4.1.1. New Brunswick is responsible for:

1. identifying key sectors for economic growth in Atlantic Provinces and making best efforts to support those sectors. It will be at the discretion of New Brunswick to identify and set labour market priorities. The work of all Atlantic Provinces would collectively support key sectors – including those identified as regional priority sectors;
2. endorsing applicants where New Brunswick has confirmed that the applicant possesses:
   1. a Job Offer that is made by a designated Employer, which is genuine to the extent that it represents a real labour market need, is not fraudulent and would otherwise be attractive to a Canadian, and
   2. a settlement plan which responds to the settlement needs of the Principal Applicant and their accompanying family member(s) as identified by an approved immigrant settlement service provider organization. A list of approved immigrant settlement service provider organizations, as amended from time to time, is available on the Department’s website.
3. verifying the genuineness of Job Offers and will be responsible to determine labour market need, based on evidence. When necessary New Brunswick can request additional documentation to verify genuineness of Job Offers, including but not limited to recruitment efforts;
4. notwithstanding any provision of this Agreement or otherwise, New Brunswick is not obligated to Endorse an applicant;
5. designating Employers who commit to creating welcoming workplaces, and to supporting each Principal Applicant’s and their accompanying family member(s)’ access to the settlement service supports identified in their settlement plan(s), which may include providing or paying for settlement services that are not otherwise available to the Principal Applicant and their family member(s);
6. verifying that designated Employers have completed:
   1. mandatory onboarding training, and
   2. intercultural competency training where New Brunswick has deemed it appropriate or necessary, before applying for provincial endorsement.
7. de-designating Employers in accordance with the Compliance Policy found at Schedule A;
8. monitoring and reporting on employers’ fulfillment of settlement support obligations as provided for in this Agreement and the Canada-New BrunswickMemorandum of Understanding on Information Sharing;
9. maintaining robust and regular monitoring of and reporting on, pursuant to this Agreement and the Canada-New BrunswickMemorandum of Understanding on Information Sharing, activities and results achieved in New Brunswick under the Program to facilitate effective performance measurement, contribute to Program Integrity and Quality Assurance and support program evaluation;
10. ensuring adequate measures are in place to support Program Integrity and Quality Assurance at the designation and endorsement phase of the Program, including but not limited to open source searches, site visits, retention monitoring and financial information;
11. complying with the processes and procedures established under the Program, including those that apply to designation, endorsement, monitoring and reporting;
12. conducting independent and objective performance audits every 5 years on the activities outlined in section 4.1.1 to assess whether 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.

4.1.2. New Brunswick has the ability to prioritize endorsement applications that have met the above criteria to maximize Program objectives and meet local labour market needs.

4.1.3. New Brunswick can refuse an endorsement if there is evidence that the endorsee does not meet the Program’s federal criteria.

4.1.4. Canada is responsible for:

1. national immigration policy direction;
2. the creation of immigration classes within the parameters set out in the IRPA and the IRPR;
3. 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;
4. the overall design and management of the movement of permanent and temporary residents to Canada and, in accordance with the report to Parliament filed per section 94 of the IRPA and according to section 87.3 of the IRPA, for the processing of applications and requests and selection of permanent residence in a manner that, in the opinion of the Minister of Citizenship and Immigration, will best support the attainment of the immigration goals established by the Government of Canada;
5. assessment of applications to the Program to ensure that applicants admitted under the Program have met eligibility requirements provided under the Regulations and admissibility requirements as set out in the IRPA and the IRPR;
6. final selection, admissibility decisions and visa issuance;
7. providing enhanced Employer support services to designated Employers, through the Dedicated Service Channel, as defined in collaboration with Atlantic Provinces, and to reassess the support provided at a minimum every three years;
8. providing mandatory onboarding training to provincially selected designated Employers who wish to participate in the Program, and advising New Brunswick of completion of training of such Employers;
9. performance monitoring and evaluation, including ensuring that adequate measures are in place at the federal level to contribute to Program Integrity and Quality Assurance and ensure that the Program meets its objectives; and,
10. in all cases, where Canada determines that an applicant does not meet the requirements of the Regulations under which they applied or the admissibility requirements of the IRPA, Canada will refuse the applicant without prior notice to the province and forward a copy of the refusal letter to New Brunswick. The refusal letter will include the reason(s) for the applicant’s refusal.

4.2. In carrying out its responsibilities under sections 94 and 87.3 of the IRPA, Canada is committed to working equitably with all participating provinces, including New Brunswick.

5. Shared Principles

5.1. Canada and New Brunswick agree on the importance of the following shared principles:

5.1.1. the Program is an innovative tool for increasing permanent immigration, including Francophone immigration, across a wide range of occupations and skill levels and improving the retention of these Immigrants in Atlantic Provinces as a means to distribute the benefits of economic immigration;

5.1.2. the important role of immigration, including Francophone immigration, in supporting the economic development of communities in Atlantic Provinces;

5.1.3. focus on increasing economic growth of priority sectors identified by New Brunswick and ensuring that identified labour market needs and shortages are addressed in a timely manner and by enabling New Brunswick to Endorse a significant number of Immigrants outside of the Provincial Nominee Program;

5.1.4. enhanced communication, collaboration and coordination between the federal and provincial governments, Employers, educational institutions, communities and immigrant service provider organizations to improve settlement and retention of Immigrants in Atlantic Provinces and to ensure effective management of the Program and achieve desired outcomes;

5.1.5. the key role of Employers in achieving desired settlement and retention outcomes, particularly in the recruitment of candidates and providing support to Immigrants and their families, such as to inform them of the possibilities to settle in the official language of their choice, that will help facilitate the integration process;

5.1.6. the necessity of Program Integrity and Quality Assurance activities to maintain the integrity of the Program; and,

5.1.7. regular and robust reporting on processing times and performance, including key performance indicators, metrics and outcomes.

5.2. Recognizing the importance of presenting a coordinated and collaborative approach to immigration under the Program and supporting the retention of newcomers in Atlantic Provinces, Canada and New Brunswick agree that promotion of the Program to prospective applicants and Employers is a shared responsibility.

6. Planning and Reporting

6.1. Canada will consult with participating provinces on the annual endorsement allocation of Program spaces for Atlantic Provinces. This allocation may be adjusted at any time during the year upon agreement between Canada and the participating provinces.

6.2. Provinces will manage their endorsements to not exceed the annual endorsement allocation provided under the Program. New Brunswick agrees to respect overall program annual endorsement spaces.

6.3. Upon agreement between the participating provinces, annual endorsement spaces identified as likely to go unused in New Brunswick, may be redistributed among the remaining provinces provided that:

6.3.1. all annual endorsement spaces to go unused are identified by October 1, of each calendar year; and,

6.3.2. an agreement on the distribution of unused annual endorsement spaces, including the exact number of spaces to be received by each of the remaining provinces, is prepared by participating provinces and communicated in writing to the Assistant Deputy Minister of Citizenship and Immigration Canada by October 31 of the calendar year for which application endorsements are currently being issued. 

6.4. By October 31, or periodically as agreed to by both Parties, New Brunswick will inform Canada of its progress in issuing endorsements for the calendar year. 

6.5. Additional endorsement spaces received by New Brunswick through the redistribution can only be used within the same calendar year as the redistribution occurred. Redistributed spaces that are not filled by the end of the calendar year in which the redistribution occurred cannot be carried forward.

6.6. Only complete applications will be accepted by the Department for processing.  

6.7. Any complete application received by the Department that exceeds the province’s annual endorsement allocation will not be processed and will be returned to the prospective applicant.

6.8. Reporting on New Brunswick usage of the Program will be undertaken as follows:

6.8.1. New Brunswick will provide Canada with quarterly progress reports on activities undertaken through the Program for the preceding three (3) months, in a format agreed upon with Canada. The report on activities will include, but will not be limited to, the elements outlined in the Canada-New Brunswick Memorandum of Understanding on Information Sharing, as agreed to by both parties; and,

6.8.2. New Brunswick will provide Canada with reports on the results achieved under the Program every twelve (12) months, in a format agreed upon with Canada. The report on results will include, but will not be limited to, the elements outlined in the Canada-New Brunswick Memorandum of Understanding on Information Sharing, as agreed to by both parties.

6.9. As part of its commitment to report on results, New Brunswick agrees to collect and report on the activities, outputs and outcomes of Employers and provincially-funded immigrant settlement service provider organizations, as specified in the Canada-New Brunswick Memorandum of Understanding on Information Sharing. 

6.10. 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 Program.

7. Provincial Designation and Endorsement Processes

7.1. New Brunswick has the sole and non-transferable responsibility to:

7.1.1. designate Employers with genuine labour market needs who are eligible to identify applicants who meet those needs and who may apply to the Program; and,

7.1.2. endorse a prospective applicant for application to the Program, based on the genuineness of the Job Offer, the Employer’s commitment to create a welcoming workplace, verification of the Principal Applicant’s and their accompanying family member(s)’ settlement plan(s) and a commitment from the Employer to facilitate access to settlement services to meet identified needs which may include providing or paying for settlement services that are not otherwise available to the Principal Applicant and their family member(s).

7.2. New Brunswick agrees to accept only those applications for designation or endorsement submitted on the official designation and endorsement applications available on the Provincial website. Further, New Brunswick agrees to not make changes to the content of these forms without prior consultation and agreement from Canada and the other Atlantic Provinces.

7.3. In order to exercise its responsibility to designate Employers under this Agreement, New Brunswick will require the employer to make an application to the province. New Brunswick agrees that it will, at minimum, assess the application to determine that:

7.3.1. the Employer is not in violation of the IRPA or IRPR as indicated by information provided by Canada in response to a request from New Brunswick pursuant to the Canada-New Brunswick Memorandum of Understanding on Information Sharing;

7.3.2. the Employer is not a business or agency that recruits and hires individuals workers in order to establish a pool of prospective or current workers that can be later transferred or contracted to separate businesses for staffing purposes;

7.3.3. the Employer is in good standing with employment standards and occupational health and safety legislation and the business is genuine and has been in continuous, active operation under the same management for two years in one of the Atlantic Provinces, or, the employer can demonstrate continuous, active operation in another location and provide confirmation of approval from the “Opportunities New Brunswick” signaling endorsement of corporate plans to relocate within New Brunswick; 

7.3.4. the Employer agrees to take steps to create a welcoming workplace, including undertaking an intercultural competency assessment and completing any intercultural competency training where New Brunswick has deemed it appropriate or necessary;

7.3.5. the Employer completes the mandatory onboarding training;

7.3.6. The Employer agrees to supporting each Principal Applicant’s and their accompanying family member(s)’ access to the settlement service supports identified in their settlement plan(s), which may include providing or paying for settlement services that are not otherwise available to the Principal Applicant and their accompanying family member(s);

7.3.7. for the purposes of settlement supports and services, the Employer agrees to recognize the preferred official language of successful Program applicants and their families, and to facilitate links with francophone settlement supports and francophone communities, where available; and, 

7.3.8. the Employer agrees to report to the province on the number of foreign nationals recruited under the Program, their employment status and details of their position/wage/hours, including the official language  profile of the position, for three (3) years from the commencement of their employment, or the duration of their employment, whichever is less.

7.4. New Brunswick has the ability to pause designations and endorsements in certain sectors based on New Brunswick’s assessment of local labour market needs and immigration priorities.

7.5. New Brunswick will issue a dated designation signaling an Employer’s eligibility to participate in the Program. New Brunswick will conduct reviews of existing designations every two years or earlier if determined necessary by the province in its sole discretion. Reviews will determine if the original designation remains valid and to determine if the Employer continues to be in good standing with:

7.5.1. the IRPA/IRPR;

7.5.2. provincial legislation related to employment standards or Occupational Health and Safety (OH&S);

7.5.3. federal legislation related to employment standards or occupational health and safety;

7.5.4. federal or provincial human rights legislation; and,

7.5.5. all of the conditions and requirements of the Program as outlined in the employer designation and endorsement forms (including but not limited to following through on the settlement plan, mandatory onboarding training, conditions of the Job Offer, the reporting requirements and/or fails to comply with specific conditions set by the province).

7.6. Employer designation will be revoked in accordance with the compliance policy appended at Schedule A, where Opportunities New Brunswick becomes aware that the Employer is in violation of the IRPA or the IRPR and a warning, order, and/or administrative monetary penalty is issued, as indicated by information provided by Canada in response to a request by New Brunswick pursuant to the Canada-New Brunswick Memorandum of Understanding on Information Sharing.

7.7. Employer designation may be revoked, at the discretion of the province, in accordance with the compliance policy appended at Schedule A:

7.7.1. where Opportunities New Brunswick becomes aware of Fraud or Misrepresentation in the application for designation or endorsement or the application of the foreign national for permanent residence as it relates to the Job Offer;

7.7.2. where Opportunities New Brunswick has Program Integrity and Quality Assurance concerns or becomes aware of Fraud or Misrepresentation or Employer non-compliance with provincial and/or federal legislation related to employment standards or occupational health and safety that occur after initial designation;

7.7.3. where Opportunities New Brunswick becomes aware that the Employer is not meeting the conditions and requirements of the Program as outlined in the employer designation and endorsement forms (including but not limited to following through on the settlement plan, mandatory onboarding training, conditions of the Job Offer, no longer in good standing with Occupational Health and Safety (OH&S) or employer safety, and the reporting requirements and/or fails to comply with specific conditions set by the province);

7.7.4. where New Brunswick received information that an Employer has been found to be non-compliant with the Canadian Human Rights Act or any relevant provincial legislation by the body responsible for the administration of the federal or provincial human rights legislation, as applicable; or,

7.7.5. where New Brunswick determines that the Employer does not have a respectful and inclusive workplace.

7.8. Employer designation may be revoked by New Brunswick when a designated Employer has voluntarily requested withdrawal from the Program, if the Employer has no endorsed candidates which have yet to receive permanent residence status.

7.9. Where New Brunswick has revoked an Employer designation, New Brunswick will inform Canada in writing to a location specified by Canada that the Employer’s designation has been revoked, and the reason it was revoked at the same time that the Employer is notified. An update of the record of endorsement will be made to affected files, noting the de-designation. New Brunswick will provide the updated records of endorsement to Canada immediately upon de-designation of the Employer supporting the endorsement.

7.10. New Brunswick will be responsible for making all reasonable efforts to notify all affected applicants of the impacts of the de-designation and of the avenues of recourse available.

7.11. Where a designation has been revoked, New Brunswick will enforce the Compliance Policy referenced in Schedule A.

7.12. In exercising its responsibility to designate an Employer and Endorse prospective applicants under this Agreement, New Brunswick will apply the processes established under the Program, as referenced in section 7.1 through 7.11 and as amended from time to time by agreement of the Parties, 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. This process will be applied to all Employers designated and applicants endorsed under the Program, and New Brunswick does not have the authority to waive any part of these processes.

7.13. In exercising its responsibility to Endorse a prospective applicant for immigration, New Brunswick will require the Employer to complete an application for endorsement for each applicant to the Program. The application for endorsement must be accompanied by all agreed upon documentation as per the endorsement application. The application for endorsement will, at minimum, determine that the:

7.13.1. Job Offer is genuine, full-time and based on the labour market needs identified by the province;

7.13.2. Job Offer is sufficient to attract and retain Canadian citizens or permanent residents. The wages offered must fall within the range of wages for that particular occupation within the specified region, as identified by the federal government. The language requirement for the position must only be English or French;

7.13.3. Employer has committed to facilitate access to a minimum level of settlement support for the Principal Applicant and their accompanying family member(s) in the preferred official language of the applicant and their accompanying family member(s), as identified in their settlement plan(s), including language training as needed to reach level five of the Canadian Language Benchmarks in English/niveau cinq des Niveaux de compétence linguistique canadiens in French for the Principal Applicant;

7.13.4. Employer has engaged a provincially or federally approved immigrant settlement service provider organization to provide the necessary settlement supports and where the supports are not available, the Employer commits to providing or paying for settlement services that are not otherwise available to the Principal Applicant and their family member(s);

7.13.5. Employer has taken steps to create a welcoming workplace, including undertaking an intercultural competency assessment and completing any intercultural competency training where New Brunswick has deemed it appropriate or necessary;

7.13.6. Employer has completed the mandatory onboarding training;

7.13.7. Applicant understands the Employer’s commitment to facilitate the applicant and their family members’ access to settlement services; and,

7.13.8. the applicant or their spouse is not the majority owner of the company.

7.14. New Brunswick may, but is not required to, request additional documents from the applicant to confirm that they meet the federal criteria of the Program, and will not issue an endorsement if they are not satisfied that the applicant meets the federal requirements.

7.14.1. New Brunswick has the ability to, but is not required to, assess whether the applicant has the ability to economically establish. New Brunswick will not issue an endorsement if it is assessed that the applicant is unable to economically establish in New Brunswick;

7.14.2. New Brunswick has the ability to, but is not required to, request additional evidence to assess if the Job Offer is genuine, candidate has sufficient work experience, and there is a genuine intent to reside, when they learn of a pre-existing personal relationship beyond employment between candidate and designated Employer. New Brunswick will not issue an endorsement if it is determined that the Job Offer is not genuine; and,

7.14.3. New Brunswick has the ability to not issue an endorsement when the applicant is on a study permit, has not completed their studies and the offer of employment is at the National Occupational Classification (NOC) C skill level.

7.15. New Brunswick is responsible for verifying that all documentation supporting the designation and endorsement processes is genuine. As part of this process, New Brunswick will conduct due diligence in assessing all documentation required for the designation and endorsement applications to confirm that the information supports the Employer’s stated intention to support settlement and the Job Offer is genuine.

7.16. New Brunswick does not have authority to designate an Employer, or Endorse a prospective applicant, who does not meet the designation or endorsement criteria. Further, New Brunswick will not issue an endorsement to an Employer who intends to hire:

7.16.1. 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,

7.16.2. any person whose employment will adversely affect employment or training opportunities for Canadian citizens or permanent residents in New Brunswick.

7.17. New Brunswick agrees to consider only applications for endorsement from designated Employers and supported by a settlement plan conducted by an approved immigrant settlement service provider organization. A list of approved service provider organizations, to be amended from time to time, is available on the Department’s website. 

7.18. Provincial decision to endorse an applicant will be based on labour market demands in the province and on the criteria for endorsement as provided in this Agreement, including the commitment of the Employer to facilitate the Principal Applicant and their family member(s)’s access to settlement services to meet their needs, as set out in the settlement plan(s). Non-economic factors, including but not limited to family connections, shall not constitute a determining factor in the decision to endorse.

7.19. New Brunswick will issue a dated endorsement with a unique endorsement number, valid in accordance with New Brunswick’s requirements for endorsement. For security reasons, New Brunswick will forward a record of the endorsement, by electronic means, to Canada. The endorsement will specify the information elements as outlined in the Canada-New Brunswick Memorandum of Understanding on Information Sharing, including but not limited to the endorsement number, class under which the applicant will be counted, and confirmation that the Employer has been designated by New Brunswick. An endorsement received directly from the applicant or Employer will not be accepted as evidence pursuant to sections 7.1 and 8.1. Should an Employer be de-designated, New Brunswick will provide to Canada an updated record of endorsement for all applicants affected by the de-designation.

7.20. Provincial endorsement may be rescinded, at the discretion of New Brunswick, when they become aware of disqualifying information that was not included in the endorsement application.

7.21. New Brunswick will rescind the endorsement upon becoming aware that the Job Offer is not genuine, full-time and based on labour market needs identified by the province, or that the identified candidate listed in the endorsement does not have a genuine intent to fill the Job Offer listed in the endorsement certificate.

7.22. New Brunswick will rescind endorsements of foreign nationals who have received a Job Offer from an Employer who is de-designated and do not have an application for permanent residence under the Program that has been accepted into processing by Canada.

7.23. New Brunswick may prohibit applications for endorsement or nomination to their provincial immigration programs in circumstances where an endorsee, Employer supporting an applicant or representative has engaged in harassing, discriminatory, or defamatory behavior to any representative of the province.

7.24. Prospective applicants must file a complete application for immigration with Canada within the time limit specified on the endorsement or within ninety (90) days of submitting an application for a temporary work permit under the Program, whichever is less. New Brunswick agrees that endorsements validity period will be set by the federal government, unless earlier revoked by New Brunswick in its sole discretion, and that no extensions to the endorsement will be granted.

7.25. New Brunswick will keep written or electronic records of all designations and endorsements issued as part of the Program for a minimum of six (6) years from the date of approval. New Brunswick will share those records with Canada if requested to do so.

8. Selection

8.1. Upon receipt of the application for permanent residence, together with the endorsement from New Brunswick, Canada will:

8.1.1. determine the eligibility of the prospective applicant as a member of the Program pursuant to the Regulations;

8.1.2. determine the admissibility of the prospective applicant, and their dependents, with respect to legislative requirements; and,

8.1.3. issue permanent resident visas to applicants and accompanying dependents who meet all the eligibility requirements of the Program and the admissibility requirements of the IRPA and the IRPR.

8.2. Canada shall consider New Brunswick endorsement as evidence that New Brunswick has determined that hiring a foreign national under the Program will be of economic benefit to New Brunswick. Notwithstanding, Canada has authority to make the final selection decision.

8.3. In all cases where Canada determines that an applicant does not meet the eligibility requirements of the Program, or fails to meet admissibility requirements under the IRPA, Canada has authority to, and will, refuse the application. Canada will notify New Brunswick of the decision, and reason(s) for which the application was refused, once the final decision has been made. On a monthly basis, Canada will provide reports on the processing and permanent resident admissions of applicants destined for New Brunswick through the Program, including the elements as outlined in the Canada-New Brunswick Memorandum of Understanding on Information Sharing.

8.4. Where the applicant has applied to the NOC C class and has been refused by the Department, New Brunswick will inform the Employer of the Employer’s responsibility for costs associated with the worker’s return to their country of origin, and will monitor and report to Canada on Employers’ compliance with this requirement.

9. Admission as a Temporary Resident

9.1. Canada may issue a work permit for applicants recruited by Employers designated by New Brunswick, pursuant to the IRPR, provided that the Department has received, from the applicant

9.1.1. a Job Offer, consistent with the requirements of the Program Regulations, from a designated Employer;

9.1.2. a letter from the province;

9.1.3. a commitment by the applicant to submit an eligible permanent residence application within ninety (90) days from the date of submission of their application for a labour market impact assessment-exempt work permit;

9.1.4. results of a language test — approved under subsection 74(3) of the Regulations and provided by an institution or organization designated under that subsection — that are less than two years old, demonstrating that their proficiency in an official language is assessed at:

1. level 5 or higher for candidates with Job Offers in NOC 0, A, B; in each of the four language skill areas under either the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens;
2. level 4 or higher for candidates with Job Offers in NOC C; in each of the four language skill areas under either the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens;

9.1.5. a Canadian educational credential or both a foreign diploma, certificate or credential and an equivalency assessment described in subsection 73(1) of the Regulations, for which assessment must be less than five years old, or proof they have in the preceding 24 months obtained, as a full-time student, a post-secondary Canadian educational credential that is from an eligible two-year program issued by an institution in an Atlantic Province that is set out in the document entitled Recognized Post-Secondary Institutions – Atlantic Immigration Program, published by the Minister of Citizenship and Immigration; and,

9.1.6. meet either the work experience requirements set out in subsections 87.3(3) and 87.3(4) or the recent graduate requirements set out in subsection 87.3(5) of the Regulations.

9.2. The letter from New Brunswick, referred to in 9.1.2, must:

9.2.1. request Canada to issue a work permit;

9.2.2. state that the applicant is urgently required by the Employer; and,

9.2.3. confirm that the province has received and reviewed for completion the following documents:

1. a Job Offer consistent with the requirements of the Regulations, from a designated Employer, that is not seasonal or part time, and is sufficient to attract and retain Canadian citizens or permanent residents. The wages offered must fall within the range of wages for that particular occupation within the specified region, as identified by the federal or provincial government;
2. a valid endorsement certificate issued by New Brunswick; and,
3. a commitment by the applicant to submit an eligible permanent residence application within ninety (90) days from the submission of the application for a temporary work permit.

9.3. Notwithstanding sections 9.1 and 9.2, the applicant must meet all other IRPA and IRPR requirements, including admissibility, required for the issuance of a work permit.

9.4. Canada will monitor the temporary work permit pathway, and has authority to cancel, or modify, the temporary pathway option where Program Integrity and Quality Assurance issues arise, in consultation with all Atlantic Provinces. 

9.5. In the event that the designation of an Employer of a temporary work permit holder is revoked, New Brunswick agrees to assist the temporary work permit holder to find new employment commensurate with the applicant’s skills and training and the existing temporary work. Where New Brunswick is unable to find an Employer able to take on the duties and responsibilities associated with employment of a Program applicant, where that individual would have received a Job Offer at the NOC C level, New Brunswick will inform the Employer of the Employer’s responsibility for costs associated with the worker’s return to their country of origin, monitor and report on Employers’ compliance with this requirement.

9.6. The province agrees to monitor the number of letters issued to applicants referred to in 9.1.2, to ensure that it does not exceed the number of annual endorsements allocated to New Brunswick under the Program.

9.7. New Brunswick will issue each letter with a unique identifier, valid in accordance with section 9.2. For security reasons, the province will forward a record of that letter, by electronic means, to Canada. The letter will specify the information elements outlined in the Canada-New Brunswick Memorandum of Understanding on Information Sharing. A letter received from the client or Employer for which Canada has not received a record will not be accepted as evidence pursuant to section 9.2.

10. Program Integrity and Quality Assurance

10.1. New Brunswick is responsible for Fraud or Misrepresentation detection and deterrence in the administration of its designation and endorsement processes. To ensure the integrity of the Program, New Brunswick will implement approaches and methodologies, such as quality assurance and control assurance to manage, assess, adjust, monitor and evaluate the application and performance of operational controls used to manage integrity risk in these areas, periodically. New Brunswick will implement changes to their processes, where a need for such changes has been identified as necessary and in a timely manner.

10.2. Canada and New Brunswick will cooperate to ensure the integrity of the Program, including, but not limited to, activities such as:

10.2.1. identifying, evaluating and establishing measures to strategically and systematically mitigate risk and investigating potential program abuses to improve policies and procedures, close gaps and address vulnerabilities to ensure the rigour and confidence of the immigration system;

10.2.2. sharing information including Personal Information and intelligence related to program abuses, as per the details set out in the Canada-New Brunswick Memorandum of Understanding on Information Sharing;

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

10.2.4. coordinating and streamlining investigations involving both jurisdictions; and,

10.2.5. conducting and disseminating research, and identifying knowledge gaps related to Program Integrity and Quality Assurance mechanisms and participating in targeted Program Integrity and Quality Assurance training.

10.3. New Brunswick will report to Canada without delay any instances of suspected or confirmed Fraud or Misrepresentation involving, but not limited to, applicants, Employers, and third party immigration representatives and educational institutions, subject to section 10 of the Agreement, and in accordance with the policies and procedures outlined in the Canada-New Brunswick Memorandum of Understanding on Information Sharing.

10.4. Where suspected or confirmed Fraud and or Misrepresentation has been identified by either Party, New Brunswick will provide, upon request by Canada, case-specific information as provided for in the Canada-New Brunswick Memorandum of Understanding on Information Sharing, including information relating to administration of the Program, in order to make informed decisions about disposition of these cases and in the furtherance of the integrity of the Program.

10.5. Canada and New Brunswick will share information on current and planned activities that support Program Integrity and Quality Assurance, upon request, share the results of these activities with the other.

11. Compliance

11.1. New Brunswick agrees with the importance of compliance with established policies and procedures under the Program and agrees to follow the compliance processes, pursuant to the compliance policy appended at Schedule A, with respect to:

11.1.1. designating an eligible Employer;

11.1.2. monitoring and reporting on program activities and outcomes; and,

11.1.3. de-designating Employers who have not complied with the Program requirements.

11.2. If New Brunswick in its sole discretion determines that an endorsement applicant or anyone associated with an application to this Program or another provincial immigration program has committed Fraud or Misrepresentation with respect to an application submitted to New Brunswick under this Program or any other immigration program for which New Brunswick has obligations under an agreement with Canada, New Brunswick may refuse the application and reject any future applications submitted from the date the determination is made and for a period of up to five (5) years thereafter.

11.3. New Brunswick will report any instances of suspected or confirmed Fraud or Misrepresentation to Canada as outlined in the policies and procedures of the Canada-New Brunswick Memorandum of Understanding on Information Sharing.

12. Program Evaluation

12.1. Canada will conduct a review of the Program in order to meet federal accountability requirements. New Brunswick will cooperate with Canada on the review, as outlined in the Canada-New Brunswick Memorandum of Understanding on Information Sharing.

13. Information Exchange

13.1. Subject to federal and provincial authorities governing the collection, use and sharing of Personal Information, and privacy of information, and to section 13 of the Agreement, Canada and New Brunswick agree to share information on prospective and actual permanent resident admissions to aid in the administration of each Party’s responsibilities under the Program.

13.2. Subject to federal and provincial authorities governing the collection, use and sharing of Personal Information, and privacy of information, and to section 13 of the Agreement, Canada and New Brunswick agree to collect, use and disclose information, only for the purposes described in the Canada- New Brunswick Memorandum of Understanding on Information Sharing, including for planning and developing policy and delivering, monitoring, and evaluating the Program and its processes. Information, including case-specific information as described in the Canada-New Brunswick Memorandum of Understanding on Information Sharing, may also be collected, used and disclosed for the purpose of Program Integrity and Quality Assurance, including investigating program abuses and the detection and deterrence of Fraud and Misrepresentation.

13.3. Canada and New Brunswick agree to share information subject to the requirements established by each Party’s respective authority:

13.3.1. For Canada:

1. the collection of the Program Information from New Brunswick as described in this section is authorized by section 4 of the Privacy Act; and,
2. the disclosure of the Program Information to New Brunswick as described in this section is authorized by paragraph 8(2)(f) of the Privacy Act.

13.3.2. For New Brunswick:

1. the collection of Program Information from Canada as described in this section is authorized by the Right to Information and Protection of Privacy Act; and,
2. the disclosure of the Program Information to Canada as described in this section is authorized by the Right to Information and Protection of Privacy Act.

14. Dispute Management and Resolution

14.1. In the case of a Dispute under this Agreement, Canada and New Brunswick agree to follow the Dispute management and resolution process as outlined in Schedule B – Dispute Resolution Process of this Agreement.

14.2. Notwithstanding section 14.1, upon notification in writing that a Dispute exists regarding the interpretation or implementation of the IRPA or any Ministerial Instructions given thereunder, the IRPR and this Agreement as they apply to applicants under the Program, Canada may, at any time during the Dispute Resolution 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 the designation and endorsement process, or where there is evidence of systemic Fraud or Misrepresentation, or multiple instances of Fraud and/or Misrepresentation.

14.2.1. Canada will provide written notification to New Brunswick of the date when the Processing Pause will start; and,

14.2.2. Canada will provide written notification to New Brunswick of the date when the Processing Pause will end.

15. Transitional Provisions

15.1. An Employer designation made by New Brunswick under the Atlantic Immigration Pilot Program Agreement (the Pilot Agreement) expires as of December 31, 2021 and is of no force or effect under this Agreement.

15.2. Notwithstanding paragraph 15.1 of this Agreement, an Employer designation made by New Brunswick under the Pilot Agreement will be considered valid for the purposes of the Department processing an application for Permanent Residence by an applicant endorsed by New Brunswick under the Pilot Agreement on or before March 5, 2022, if the Employer had a valid provincial designation as of December 31, 2021.

15.3. Notwithstanding this Agreement or the expiration of the Pilot Agreement on December 31, 2021, a complete application for permanent residence must be submitted to Canada by an applicant endorsed by New Brunswick under the Pilot Agreement on or before March 5, 2022, in order to be processed by Canada in accordance with the criteria outlined in the Atlantic Immigration Pilot Ministerial Instructions.

15.4. Notwithstanding this Agreement or the expiration of the Pilot Agreement on December 31, 2021, New Brunswick retains all rights and responsibilities after December 31, 2021 with respect to the endorsement issued under the Pilot Agreement, until a decision is made by Canada on the application for permanent residence.

15.5. Notwithstanding this Agreement or the expiration of the Pilot Agreement on December 31, 2021, a complete application for temporary residence must be submitted to Canada by an applicant endorsed by New Brunswick under the Pilot Agreement on or before March 5, 2022, in order to be processed by Canada in accordance with the criteria outlined in the Canada-New Brunswick Agreement on the Atlantic Immigration Pilot Program.

15.6. Notwithstanding this Agreement or the expiration of the Pilot Agreement on December 31, 2021, applicants endorsed by New Brunswick under the Pilot Agreement who have submitted their application for permanent residence on or before March 5, 2022, are eligible to renew their temporary work permit until a decision is made on their application for permanent residence.

15.7. Notwithstanding paragraph 15.5 of this Agreement, applicants endorsed by New Brunswick under the Pilot Agreement who have submitted their application for permanent residence on or before March 5, 2022, must continue to meet all other IRPA and IRPR requirements, including admissibility, required for the issuance of a temporary work permit.

15.8. Upon implementation of the updated National Occupational Classification following the 2021 structural review of the National Occupational Classification, this agreement would reflect the following changes:

15.8.1. Occupations referred to as NOC 0 would become TEER 0;

15.8.2. Occupations referred to as NOC A would become TEER 1;

15.8.3. Occupations referred to as NOC B would become TEER 2 and TEER 3;

15.8.4. Occupations referred to as NOC C would become TEER 4.

16. General

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

16.1.1. For Canada, the Director, Regional Economic Immigration, Immigration Branch.

16.1.2. For New Brunswick, the Director, Workforce Attraction & Integration Team, Settlement and Multiculturalism Branch, Opportunities New Brunswick.

16.2. This Agreement will take effect when the document has been signed by both Parties.

16.3. This Agreement may be amended at any time by the mutual written consent of the Parties, subject to any required approval or authorization required.

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

17. Signatures

For the Government of Canada

For the Government of New Brunswick

Schedule A – Compliance Policy

Title: Atlantic Immigration Program Employer Compliance Policy

Context:

The Atlantic Immigration Program (the Program) is an employer-driven initiative that seeks to enhance Atlantic Provinces’ capacity to develop, deploy and retain a skilled workforce by addressing persistent and emerging labour market needs.

Purpose:

This policy sets out the roles and responsibilities for Employer compliance under the Program and penalties for infractions.

Principles:

Employers are required to meet and uphold the requirements set out in this policy, the Immigration and Refugee Protection Act (IRPA), and in the Immigration and Refugee Protection Regulations (IRPR). Employers are also required to meet requirements outlined in the applicable provincial legislation, or Canada Labour Code and the Canadian Human Rights Act whichever applies.

Employer Compliance:

Employers are responsible for:

• ensuring they meet all of the conditions and requirements of the Program as outlined in the employer designation and endorsement forms (including the settlement plan);
• keeping all records associated to their Program designation, endorsement and any documents that demonstrate their compliance with the Program conditions for six (6) years;
• cooperating with responsible provincial authorities during investigations addressing Program Integrity and Quality Assurance concerns;
• informing the province of any changes or errors relating to a submitted or approved endorsement or the foreign national;
• informing the province of any changes in the ownership or operation of the organization;
• maintaining a respectful and inclusive workplace;
• reviewing on a monthly basis the activities related to the employment of foreign workers selected through the Program to ensure they continue to uphold the terms and conditions of the Program; and,
• taking action to rectify and disclose to the province errors and/or non-compliance as soon as it is discovered.

Provinces are responsible for:

• ensuring Program Integrity and Quality Assurance is upheld by holding Employers accountable to the terms and conditions of the Program, pursuant to New Brunswick authority to revoke endorsements and/ or de-designate Employer as provided in this Agreement;
• implementing and maintaining a fair and confidential mechanism for individuals to report compliance violations;
• conducting periodic reviews/inspections of selected Employers to ensure Employer compliance with the terms and conditions of the Program; and,
• providing, upon arrival, to each foreign national information on provincial and federal worker protection laws and Employer responsibilities.

Employer Non-Compliance:

In order to be designated, Employers must currently be in good standing with provincial legislation related to employer standards and occupational health and safety and labour authorities and not be in violation of the IRPA or IRPR as indicated by information provided by Canada pursuant to the Canada-New Brunswick Memorandum of Understanding on Information Sharing.

Employer non-compliance with the IRPA or IRPR triggers a clear protocol to revoke the Employer’s designation status (section 7.6 to 7.11). Designations are reviewed every two years or earlier when determined necessary by New Brunswick to confirm that information provided in the original designation remains valid. If a designated representative of the Employer is found to be in non-compliance, New Brunswick may deem the Employer to be non-compliant and revoke designation where appropriate.

• the Designated Employer has violated the IRPA and/or IRPR and a warning, order, and/or administrative monetary penalty is issued, as indicated by information provided by Canada pursuant to the Canada-New Brunswick Memorandum of Understanding Information Sharing.

An Employer may have their designation revoked where:

• New Brunswick becomes aware that the designated Employer has been found non-compliant with provincial legislation related to employment standards or occupational health and safety, or federal legislation related to employment standards or occupational health and safety where New Brunswick becomes aware of the non-compliance after initial designation. The Employer designation may also be revoked where New Brunswick received information that an Employer has been found to be non-compliant with the Canadian Human Rights Act or any relevant provincial legislation by the body responsible for the administration of the federal or provincial human rights legislation as applicable.

An Employer may have their designation revoked where:

• New Brunswick has Program Integrity and Quality Assurance concerns or becomes aware of Fraud or Misrepresentation.
• New Brunswick becomes aware that the designated Employer does not meet the conditions and requirements of the Program as outlined in the employer designation and endorsement forms (including but not limited to following through on the settlement plan(s), mandatory employer training, conditions of the Job Offer, no longer in good standing with OH&S or employer safety, the reporting requirements and/or fails to comply with specific conditions set by the province).
• New Brunswick determines that the Employer does not have a respectful and inclusive workplace.

Where a province has refused to designate or has de-designated an Employer under the Program, and the business is subsequently sold with ownership transferring to a new operator/Employer, the decision to refuse or rescind designation is not removed. At New Brunswick’s discretion, the new Employer may be allowed to apply for designation under the Program, in which case the new Employer would need to demonstrate that they meet all designation criteria.

Process of De-designation:

If an assessment concludes that a violation warranting revocation of the Employer designation has occurred, the province will notify the Employer in writing that the process of de-designation is commencing and that a sixty (60) day probationary status is in effect. The notice will include information about the term(s) or condition(s) violated, how the Employer failed to comply, the evidence supporting the determination, the consequences and next steps. New Brunswick may provide the Employer with the option to administratively withdraw from the Program, should they have no active endorsements. Should an Employer wish to appeal the de-designation decision, they will be required to submit a written response within thirty (30) days of receipt of the notice regarding any discrepancies relating to the suspected violation, the proposed consequence, or both.

During this sixty (60) day period, the Employer cannot submit an application for endorsement by the province. The province will notify the Department of Citizenship and Immigration immediately of the investigation and affected permanent residence applications and will follow-up with the Department of Citizenship and Immigration to communicate the outcome of the process. Employers that have had their designation revoked, will be unable to access the Program for a period of at least two (2) years and up to a maximum of five (5) years. The province will also make all reasonable efforts to notify, in writing, all affected foreign nationals of the decision and next steps.

Applicants

New Brunswick will revoke endorsements of foreign nationals who have received a Job Offer from an Employer who is de-designated and have not yet applied for permanent residence under the Program so that they will no longer be able to apply to the Program under this Employer’s endorsement and Job Offer. They are however eligible to apply with a Job Offer from another designated Employer provided they have received a new endorsement from the province and otherwise meet the requirements of the Program. The province will undertake to facilitate the process of finding new employment by providing the foreign national with information regarding employment opportunities with other designated Employers.

Monitoring and Reporting:

Employers are required to report to provinces on the status of employees who accessed permanent residence under the Program as per the Canada-New Brunswick Memorandum of Understanding on Information Sharing. 

Employers are required to report to provinces on arrival status of employees who have been issued a temporary work permit under the Program, as per New Brunswick designation form.

Schedule B – Dispute Resolution Process

1. Dispute Resolution Process

1.1. The Parties are committed to working together to implement this Agreement. Both Parties are committed to respecting and supporting the objectives and principles of the IRPA and share the following objectives:

1.1.1. to prevent Disputes;

1.1.2. to work together to minimize Disputes;

1.1.3. to identify Disputes quickly and to resolve them expeditiously, at the working level, in a fair, open and transparent manner; and,

1.1.4. to resolve Disputes in a non-adversarial, collaborative and informal manner whenever possible.

1.2. 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 Agreement Management Committee (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.

1.3. The Agreement Management Committee (AMC) is co-chaired by Assistant Deputy Ministers for Canada and the province (or their designates where mutually agreed upon). Other members can include local, regional, National Headquarters officials of the Department of Citizenship and Immigration and, as appropriate, representatives of other federal departments and provincial ministries responsible for program and services related to immigration.

1.4. Either Party may refer the matter to the Deputy Minister of the Department and the Deputy Minister(s) responsible for immigration in New Brunswick by providing him/her with a written notice.

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

1.5.1. provide equal opportunities for representation by each Party;

1.5.2. attempt to resolve Disputes within thirty (30) days; and,

1.5.3. ensure clarity for the implementation of final decisions.

1.6. 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.

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

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

1.8.1. 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.