Canada-British Columbia Immigration Agreement. General Provisions 2015

Transcription

1 105 March 12, 2015

2 Canada-British Columbia Immigration Agreement General Provisions Preamble 1.1 This Canada-British Columbia Immigration 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 British Columbia, as represented by the Minister of Jobs, Tourism, and Skills Training and Minister Responsible for Labour (hereinafter referred to as British Columbia ). 1.2 WHEREAS section 95 of the Constitution Act, 1867 (30 & 31 Victoria, c. 3 (U.K.)) recognizes the concurrent powers of legislation of the federal and provincial governments in immigration matters. 1.3 AND WHEREAS the Parliament of Canada has enacted the Immigration and Refugee Protection Act, S.C. 2001, c.27, (herein after referred to as the IRPA ). 1.4 AND WHEREAS the Parliament of Canada has enacted the Citizenship Act, R.S. 1985, c. C AND WHEREAS the Canadian Charter of Rights and Freedoms, enacted as Schedule B to the Canada Act 1982, (U.K.) 1982, c.11, establishes: a. certain mobility rights to citizens and every person who has the status of a permanent resident of Canada and guarantees equal protection and equal benefit of the law to everyone without discrimination; and b. the equality of status of English and French as the official languages of Canada, and equal rights and privileges as to their use in all institutions of the Parliament and Government of Canada. 1.6 AND WHEREAS the Parliament of Canada has enacted the Canadian Multiculturalism Act, R.S.C., 1985, c.24 (4th Supp.). 1.7 AND WHEREAS subsection 8(1) of the IRPA and subsection 5(1) of the Department of Citizenship and Immigration Act, S.C. 1994, c.31, (hereinafter referred to as the DCIA ), authorize the Minister of Citizenship and Immigration, with the approval of the Governor in Council, to enter into agreements with provinces for the purposes of the IRPA, and for the purposes of facilitating the formulation, coordination and implementation - including the collection, use and disclosure of information - of policies and programs for which the Minister is responsible. 1.8 AND WHEREAS section 5, sub-paragraph (a)(i) of the Ministry of International Business and Immigration Act, R.S.B.C. 1996, c.304, authorizes the Minister responsible for that Act, with the approval of the Lieutenant Governor in Council, to enter into an agreement with the Government of Canada relating to immigration matters. 1

3 Y 1.9 AND WHEREAS British Columbia recognizes the objectives of the IRPA to, among other things: a. support the development of a strong and prosperous Canadian economy in which the benefits of immigration are shared across all regions of Canada; b. promote the successful integration of permanent residents into Canada, while recognizing that integration involves mutual obligations for new Immigrants and Canadian society; c. enrich and strengthen the cultural and social fabric of Canadian society, while respecting the federal, bilingual and multicultural character of Canada; and d. support and assist the development of Minority Official Languages Communities in Canada AND WHEREAS Canada recognizes the goals of British Columbia to foster the integration and full participation of residents in the society of British Columbia, as reflected in the Multiculturalism Act, R.S.B.C. 1996, c AND WHEREAS Canada and British Columbia recognize that the Joint Federal- Provincial-Territorial Vision for Immigration sets the strategic direction for what Federal, Provincial and Territorial governments seek to collectively achieve through immigration AND WHEREAS Canada and British Columbia wish to maintain an agreement with regard to cooperation on immigration matters to enable British Columbia to maximize the economic and social benefits of immigration. Therefore Canada and British Columbia agree to the following: 2.0 Definitions 2.1 Definitions from the IRPA and the IRPR For the purposes of this Agreement: a. words used in this Agreement which are defined in the IRPA or in the Immigration and Refugee Protection Regulations (hereinafter referred to as the "IRPR"), have the same meaning as in the IRPA or the IRPR; b. a reference to the IRPA or the IRPR is a reference to the Act or those Regulations, as amended from time to time; and c. where a definition given in this Agreement is inconsistent with a definition given in the IRPA or the IRPR, the definition in the IRPA or the IRPR will prevail. 2.2 Definitions in this Agreement For the purposes of this Agreement: a. Agreement means these General Provisions and all Annexes attached hereto as may be amended from time to time; b. Convention Refugee is a person defined under section 96 of the IRPA; 2

4 c. Designated Representatives are the primary contacts for both Canada and British Columbia who are responsible for the interpretation, inquiries, and requests for amendments of this Agreement; d. Dispute means a conflict or disagreement respecting: i. the interpretation, application, or implementation of this Agreement; or ii. a breach or anticipated breach of this Agreement; e. Focal Points means the primary contacts for the Parties responsible for monitoring the implementation of the Annexes under this Agreement including the interpretation, inquiries, and requests for amendments of the Annexes, including addressing any issues that arise, including compliance with the provisions of the Annexes; f. French Speaking Immigrant means an Immigrant whose mother tongue is French, or whose first official language in Canada is French if their mother tongue is a language other than French or English; g. Immigrant means a permanent resident, including Convention Refugees abroad and humanitarian-protected persons abroad resettled to Canada, and protected persons in Canada; h. Local Government means the council of a municipality or the board of a regional district; i. Minority Official Languages Communities means French speaking communities in British Columbia; j. Party means Canada or British Columbia and Parties means Canada and British Columbia; k. Persons in Urgent Need of Protection means, in respect of members of the Convention refugee abroad or the country of asylum class, that their life, liberty or physical safety is under immediate threat and, if not protected, the persons are likely to be: killed; subjected to violence, torture, sexual assault or arbitrary imprisonment; or returned to their country of nationality; or of their former habitual residence; l. Processing Pause means that Provincial Nominee certificates and/or applications related to those certificates under Dispute will no longer be accepted by the Department of Citizenship and Immigration and returned; and that processing will cease on those Provincial Nominee applications under Dispute until the Dispute is resolved; m. Provincial Nominee means a person who is a member of the Provincial Nominee class; n. Provincial Nominee Program means a program for provincial nominations as per agreements entered into pursuant to subsection 8(1) of the IRPA and subsection 5(1) of the DCIA; o. "Refugee" means a protected person under the IRPA; p. Resettlement Assistance means services to support the immediate and essential needs of Specified Humanitarian Persons Resettled from Abroad; q. Special Needs Persons means persons who have a greater need for settlement and integration services than other Refugees owing to personal circumstances, including: family size and composition; trauma resulting from violence or torture; medical conditions; and/or the effects of systemic discrimination; r. Specified Humanitarian Persons Resettled from Abroad means persons selected by Canada abroad and identified as requiring government assistance, persons who are admitted to Canada through blended initiatives such as the Joint Assistance Program, or other initiatives where Canada and private sector or non-governmental sponsoring groups share in the provision of income support and immediate essential services; 3

5 s. "Temporary Resident" means a temporary foreign worker, an international student, or a visitor; and t. Vulnerable Persons means, in respect of Convention Refugees or persons in similar circumstances, that the persons have a greater need of protection than other applicants for protection abroad because of their particular circumstances that give rise to a heightened risk to their physical safety. 3.0 Purpose and Objectives 3.1 Purpose The purpose of this Agreement is to further strengthen the long-term partnership between the Parties with respect to immigration. It defines the respective roles and responsibilities of the Parties relating to Immigrants and Temporary Residents under the IRPA. 3.2 Objectives The objectives of this Agreement are, while respecting the jurisdiction of each Party, to: a. maximize the contribution of immigration to the achievement of the economic, social, and demographic goals of both Canada and British Columbia; b. foster collaboration between the Parties in respect of policy, planning and program development relating to attracting and welcoming Immigrants and Temporary residents to British Columbia; c. facilitate collaboration in addressing issues of mutual or specific concern to either Party, including in the areas of promotion, recruitment, settlement, integration, and the interests of Minority Official Languages Communities and Local Governments; d. support Canada s humanitarian objectives through collaboration on issues impacting Specified Humanitarian Groups Resettled from Abroad in British Columbia; e. ensure a comprehensive framework for information sharing between the Parties in support of the commitments under this Agreement; and f. facilitate good governance in relation to this Agreement and support the Parties responsibilities for program integrity. 3.3 Annexes Together with the General Provisions, the following Annexes form part of this Agreement: Annex A Provincial Nominees; Annex B Foreign Workers; Annex C International Students; and Annex D Information Sharing The Parties agree to negotiate, in good faith and in a timely fashion, additional Annexes to this Agreement or updates to existing Annexes that reflect the broad objectives of this Agreement. 4

6 4.0 Immigration Planning and Programs 4.1 Canada will establish national immigration policies and develop an annual immigration levels plan in consultation with British Columbia and other provinces and territories, taking into consideration any joint federal-provincial-territorial approaches to immigration levels planning, and British Columbia s immigration planning, including its economic, demographic, and social objectives. 4.2 British Columbia will provide Canada with an annual Provincial Nominee Program plan in advance of consultations, to be considered in developing Canada s projections for Canada s immigration levels planning/projections; and consult with Canada on British Columbia s overall immigration needs to support the development of the annual levels plan. 4.3 In developing its annual delivery plan for Canada s immigration levels plan, Canada will consult and take into consideration: a. British Columbia s specific targets for Provincial Nominees and Canada s annual targets for government assisted Refugees as they relate to British Columbia; and b. British Columbia s objectives and targets for all classes of permanent and Temporary Residents, where applicable. 4.4 Each year, following federal Cabinet approval of the Annual Report to Parliament on Immigration, Canada will confirm British Columbia's nominations allocation for the following calendar year. 4.5 The Parties will take into account the settlement and integration needs of French Speaking Immigrants in establishing priorities and developing services relevant to this Agreement. More specifically, the Parties will collaborate to enhance the vitality of Minority Official Languages Communities through: a. promotion and recruitment strategies that are intended to increase the number of French Speaking Immigrants; and b. strengthening settlement and integration supports for French Speaking Immigrants, thereby improving the capacity of Minority Official Languages Communities to receive French Speaking Immigrants and facilitating the economic, social and cultural integration of French Speaking Immigrants into Canadian society. 4.6 Canada will make all reasonable efforts to proactively manage the delivery of the immigration program to achieve the targets of British Columbia s Provincial Nominee Program levels plan bearing in mind federal priorities. 4.7 Canada will cooperate with British Columbia to provide opportunities to provincial staff for training, taking into account cost and resource constraints of either Party and, if required, negotiating cost sharing approaches. It is recognized that employees of British Columbia will be subject to security clearances required to access federal information. 4.8 British Columbia will plan to receive a share of Refugees to be resettled in the province. While this share is not expected to exceed British Columbia s percentage share of total immigration, the need for flexibility in responding to emerging humanitarian needs is recognized. Through collaboration with Canada, British Columbia agrees to receive a proportion of Refugees who: 5

7 a. are Special Needs Persons; b. are Vulnerable Persons; or c. are Persons in Urgent Need of Protection. 4.9 In assigning a share of Refugees to British Columbia, Canada agrees to: a. take into account the potential financial and program impact on British Columbia resulting from the variations in the number of Persons in Urgent Need of Protection, and Vulnerable and Special Needs Persons to be settled in British Columbia; and b. provide notice of arrival as early as possible and work with British Columbia to coordinate communications with the community and stakeholders. 5.0 Consultations and Local Government 5.1 Consultation The Parties agree that consultation is necessary to help both Parties address their needs and objectives related to immigration The Parties will consult each other during the development of policies, legislation, programs or initiatives which could have a significant impact, fiscal or otherwise, on the operation of this Agreement, on British Columbia s immigration related plans and priorities, or on Canada s immigration system. This includes, but is not limited to: Canada s immigration policy and immigration projections; identified issues in shared immigration planning; information sharing; and bilateral international arrangements. Where applicable, British Columbia will consult with CIC on changes proposed by British Columbia and the conformity of these changes with provisions of the IRPA and the IRPR British Columbia agrees to consult with Minority Official Languages Communities with respect to immigration matters in areas which include, but are not limited to, recruitment activities and the planning and delivery of settlement and integration services British Columbia will participate in multilateral consultation processes associated with developing or promoting national immigration initiatives The Parties will consult on the development and implementation of national measures to recognize immigration representatives and/or consultants. Canada recognizes British Columbia s right to develop and implement its own measures consistent with provincial jurisdiction and federal legislation. 5.2 Local Government The Parties agree to cooperate to work with Local Governments in British Columbia to explore issues related to their respective interests in immigration and pursue opportunities related to communities interests in immigration. 6.0 Promotion and Recruitment 6.1 The Parties will share roles and responsibilities in the planning and implementation of immigration promotion and Immigrant recruitment activities abroad, recognizing 6

8 Canada s responsibility for coordinating such activities on a national level and British Columbia s intent to pursue an immigration recruitment policy to meet its economic, social and demographic objectives Subject to resource availability, the Parties will provide each other with the following information and support: a. British Columbia will provide Canada with information regarding the province s demographic, educational, labour market and other information relevant to immigrant attraction as permitted under its privacy laws. Canada will ensure that this information is made available to qualified prospective Immigrants and Temporary Residents; and b. Canada will provide information to British Columbia about optimum recruitment opportunities through CIC s offices abroad and work with British Columbia s overseas representatives in order to meet British Columbia s Immigrant and Temporary Resident needs The Parties agree to cooperate in the targeted promotion and recruitment of Immigrants and Temporary Residents In furtherance of the objectives of this Agreement, British Columbia will undertake targeted active recruitment initiatives which shall include: a. consultation with representatives of Minority Official Languages Communities related to promotion and recruitment activities; and b. consultation with regional and community representatives Canada agrees to make efforts, where possible, to assist British Columbia to identify prospective Immigrants and Temporary Residents to fulfill British Columbia s targets in its labour market strategy and Provincial Nominee Program plan as agreed upon by both Parties, subject to operational and resource constraints British Columbia may enter into agreements with other parties for the purposes of promotion and recruitment and in so doing will: a. require other parties to respect the terms and conditions of this Agreement; and b. advise Canada of such agreements Subject to section 6.1.5, this Agreement does not preclude either Party from undertaking promotion and recruitment activities independently Any agreements pursued by British Columbia with other parties, and that result in proposed policy changes that would have a material effect on this Agreement, will require further consultation with CIC before implementation. 7.0 Selection and Inadmissibility 7.1 In accordance with the IRPA and the IRPR, Canada will have responsibility for: a. determining federal objectives relating to immigration; 7

9 b. establishing selection criteria and selecting foreign nationals, taking into account the role of British Columbia in nominating Provincial Nominees; c. determining Refugee status; d. prescribing classes of Immigrants and Temporary Residents; and e. defining and determining which persons are inadmissible to Canada British Columbia s authority to nominate Provincial Nominees is established under Annex A of this Agreement. 7.3 British Columbia will be consulted and have the opportunity to provide input on selection and policies, taking into account the specific goals of the province, the need to maintain national standards, and the resource constraints of Canada. 7.4 British Columbia will be responsible for the assessment and nomination of Provincial Nominees. Canada will respect the nomination decision of British Columbia insofar as nominations are consistent with the IRPA, the IRPR, or any successor legislation and regulations, the terms of this Agreement, and the eligibility criteria set out by British Columbia. 7.5 Canada will consult with British Columbia in cases where an application has been made for a visitor visa where the applicant is coming to Canada for the distinct purpose of receiving medical care and where the applicant will be potentially assessed as medically inadmissible to Canada. 7.6 Canada has the sole authority to decide whether persons who are determined to be medically inadmissible should be permitted to come into Canada and may issue a Temporary Resident permit where an officer determines it is justified. 7.7 Canada will consult with British Columbia on medically inadmissible cases destined for British Columbia in instances where Canada is considering issuance of a Temporary Resident permit. British Columbia will have the option of, at its discretion, making recommendations on whether these cases should be permitted to enter Canada. 7.8 With written notice, British Columbia may waive its right to be consulted for specified groups of medically inadmissible cases. 8.0 Settlement and Integration 8.1 The Parties are committed to facilitating the full participation of Immigrants and Refugees in the economic, social, cultural and civic spheres of Canadian society. 8.2 The Transition Settlement Agreement, in effect from April 1, 2014, governs all settlement relationships between Canada and British Columbia until March 31, The Parties commit to negotiate a successor settlement arrangement or agreement which will be in place upon the expiration of the Transition Settlement Agreement. 8.4 Canada will work with British Columbia to support better recognition of the foreign qualifications of permanent residents and their more rapid integration into the labour market. 8.5 The Parties will coordinate their efforts to support the successful settlement and integration of Refugees, particularly with regard to reception, health, education and social services. 8

10 9.0 Citizenship 9.1 The Parties will work together to promote full participation of Immigrants in British Columbia s communities and Canadian society, respecting Canada s jurisdiction over citizenship matters and Canada s responsibility for determining statutory requirements related to obtaining Canadian citizenship under the Citizenship Act Implementation 10.1 Governance and the Agreement Management Committee The Agreement Management Committee (AMC) will oversee the implementation of this Agreement, including discussion and exchange of information, Dispute management and resolution, managing collaborative programs, and making decisions or recommendations, as appropriate, on matters pertaining to this Agreement. The AMC is the forum for raising new immigration issues not addressed in this Agreement The AMC will be co-chaired by the Assistant Deputy Minister of the Labour Market and Immigration Division, British Columbia Ministry of Jobs, Tourism and Skills Training and Responsible for Labour; and the Assistant Deputy Minister, Strategic and Program Policy, Citizenship and Immigration Canada, or their designates where mutually agreed upon. Other members of the AMC shall include Citizenship and Immigration Canada Regional and National Headquarters officials, and officials from British Columbia Labour Market and Immigration Division; and, as appropriate, representatives of other federal departments and provincial ministries responsible for programs and services related to immigration The AMC will hold a face-to-face meeting or teleconference call at least once a year. The purpose of these meetings will be to engage in broad discussions relating to the overall management of this Agreement and innovative approaches to addressing immigration matters As required, the AMC may establish federal-provincial ad hoc groups or subcommittees for the purposes of implementing this Agreement Multilateral Forums Nothing in this Agreement is intended to preclude the Parties from fully participating in multilateral forums. Decisions made in the multilateral forums will not supersede the terms agreed upon in this Agreement. Both Parties agree to make best efforts to make them complementary Dispute Management and Resolution Procedures The Parties are committed to working together to implement this Agreement. Under this Agreement, both Parties contribute with their respective policies, programs, capacity, and expertise and recognize and respect each others different roles and responsibilities under this Agreement. 9

11 In the case of a Dispute under this Agreement, the Designated Representatives will attempt to resolve the matter through information sharing, communications and informal discussions In the event that the Designated Representatives are unable to resolve the Dispute expeditiously, it will be referred to the AMC Co-Chairs, accompanied by relevant facts and steps taken to reach resolution. Such procedures will provide equal opportunities for representation by each Party, establish clear time limits, and ensure clarity for the implementation of final decisions. Further, in the event resolution is not reached within 30 days of being raised with the AMC Co-Chairs, the Parties will jointly determine next steps Either Party may refer the matter to the Deputy Ministers by providing him/her with a written notice Both Parties will exchange all relevant information and engage in bilateral discussions in an attempt to clarify and resolve the Dispute. Deputy Ministers will: a. provide equal opportunities for representation by each Party; b. attempt to resolve Disputes within 30 days; and c. ensure clarity for the implementation of final decisions 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 If Deputy Ministers are unable to resolve the Dispute within 30 days from the date of its referral to them, they will determine the appropriate course of action for its resolution, including elevating the Dispute to Ministers Ministers will provide advice and direction to their officials on an appropriate course of action to resolve the Dispute 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 Information Sharing The Parties have a mutual interest in: a. sharing information in order to meet the needs of Immigrants, including prospective Immigrants and Temporary Residents; b. maintaining information sharing mechanisms in accordance with Annex D to this Agreement; c. research and information sharing; d. ensuring policies and programs are informed by research, statistical reports and analysis of mutual interest; and e. supporting policies, strategies and program development through information sharing. 10

12 To facilitate the implementation of the activities of this Agreement, the Parties agree to exchange information as permitted by applicable laws, policies, instructions, and agreements governing the collection, retention, protection, use, exchange, disposal, and disclosure of information, in accordance with Annex D to this Agreement Canada acknowledges British Columbia s request to require that any sharing of personal information between British Columbia and Canada and the conditions for the use of personal information be agreed to in a legally binding information sharing agreement Nothing in this Agreement is intended to restrict the ability of the Parties to enter into other agreements or arrangements related to the sharing of information that does not take place pursuant to this Agreement The Parties agree to inform each other in a timely manner of any immigration related information sharing and research agreements, formal arrangements or formal negotiations they enter into with government departments or ministries, municipalities and other parties concerned under British Columbia s jurisdiction where such immigration related information sharing, agreements, arrangements or negotiations may impact the implementation of this Agreement The Parties agree to promote immigration research, to consult annually on research priorities and planned research activities, and to cooperate on common research initiatives as appropriate Program Integrity The Parties will ensure the integrity of their respective programs, including but not limited to activities such as: a. sharing information and intelligence related to program developments overseas and within Canada, including immigration trends and analysis; b. conducting and disseminating research, and identifying knowledge gaps related to immigration priorities; c. establishing mutual reporting arrangements; d. working collaboratively with other agencies, as required, to address issues relating to inadmissibility, including anti-fraud activities; e. investigating potential program abuse to ensure ongoing rigour and confidence in the immigration program; and f. conducting program evaluations The Parties recognize the importance of evaluating the programs, policies and initiatives that are implemented under this Agreement in order to design or improve the design of policies, programs and initiatives, and to assess policy or program relevance and effectiveness, impacts both intended and unintended, and alternative ways of achieving expected results Where applicable, Annexes establish the evaluation and audit requirements specific to the program(s) discussed in the Annex and the corresponding accountabilities of the Parties In addition to the requirements specified in each Annex, the Parties agree to: 11

13 a. exchange, on an annual basis, evaluation plans that outline the planned evaluations for activities under this Agreement; b. exchange, when developed or updated, evaluation frameworks/performance measurement strategies for activities under this Agreement; c. exchange, upon their completion, the reports of all evaluations that pertain to activities under this Agreement; and d. participate in national evaluations upon the agreement of both Parties Communication The Parties agree that Canadians have a right to transparency and public accountability, which is facilitated through the provision of full information about the benefits of this Agreement Any announcement related to activities jointly undertaken by the Parties will ensure that communications material reflects the graphic guidelines of both orders of government (including the word mark for the Government of Canada) and be available in both of Canada s official languages. Canada will assume responsibility for translation of joint communications products Term and Amendments The French and English language versions of this Agreement are equally authoritative This Agreement will be valid for five (5) years from the date of its coming into force The Parties agree to review the effectiveness of this Agreement no later than twelve (12) months prior to expiry Upon the mutual consent of both Parties in writing, the term of this Agreement can be extended at any time prior to its expiry, subject to any required approval or authorization including the approval of the Governor in Council for Canada and the Lieutenant Governor in Council for British Columbia This Agreement may be amended by the mutual written consent of the Parties, subject to any required approval or authorization including the approval of the Governor in Council for Canada and the Lieutenant Governor in Council for British Columbia Either Party may terminate this Agreement at any time by providing at least twelve (12) months notice in writing to the other Party. Upon notice of termination, the AMC will negotiate a transition strategy Specific arrangements for the duration, amendments and termination as detailed in any Annexes to this Agreement take precedence over sections , , and of the General Provisions. The termination of an Annex to this Agreement does not affect the continuation of the General Provisions. Similarly, the termination of the General Provisions does not affect the continuation of an Annex and all provisions of this Agreement necessary to give full force and effect to the intent of the Annexes will survive termination of this Agreement to the extent necessary In keeping with the purpose and objectives of this Agreement, Canada will be open and transparent concerning agreements reached with other provinces and territories respecting immigration and, upon request by British Columbia, Canada will negotiate 12

14 amendments to this Agreement taking into consideration the different needs and circumstances of British Columbia The commitments pursuant to this Agreement will not be interpreted by either Party to impose legal, financial or other obligations beyond whatever specific arrangements and conditions are already in operation or are mutually agreed upon Upon signature of this Agreement by the last of the Parties to this Agreement, the 2010 Canada-British Columbia Immigration Agreement, including all its Annexes, as well as Annex F ( Provision of Information on Immigrant Landings ) and Annex G ( Canada- British Colombia Memorandum of Understanding on Information-Sharing on Immigration and Social Assistance ) of the 2004 Agreement for Canada-British Columbia Co-Operation on Immigration, dated April 5, 2004, (the 2004 Agreement) and all the provisions of the 2004 Agreement that were necessary to give effect to these Annexes and that survived the expiration of that 2004 Agreement, are hereby terminated This Agreement may be entered into by each Party signing a separate copy of this Agreement (including a photocopy, facsimile or electronic submission) and delivering it to the other Party, each of which when taken together, shall constitute an original Agreement This Agreement will come into force when signed by the last of the Parties to do so Notices 11.1 Any notice to be delivered under this Agreement and all its Annexes should be sent to the Party concerned as follows, as well as to the Parties Designated Representatives: Address for notice to Canada Deputy Minister Citizenship and Immigration Canada 365 Laurier Avenue West Ottawa, Ontario K1A 1L1 Address for notice to British Columbia Deputy Minister Ministry of Jobs, Tourism, and Skills Training and Responsible for Labour P.O. Box 9155 Stn. Prov. Govt. Victoria, British Columbia V8W 9H Either Party may from time to time change a Designated Representative by giving notice in accordance with this Agreement Any notice, information or document provided for under this Agreement may be delivered or sent by letter, electronic mail or facsimile, postage or other charges prepaid. Any notice that is delivered will be deemed to have been received on delivery; any notice sent by electronic mail or facsimile will be deemed to have been received one working day after having been sent; and any notice mailed will be deemed to have been received eight (8) calendar days after being mailed. 13

15 IN WITNESS WHEREOF this Agreement has been signed by the Parties on the dates written below. FOR THE GOVERNMENT OF CANADA Witness Date The Honourable Chris Alexander Minister of Citizenship and Immigration Date FOR THE GOVERNMENT OF BRITISH COLUMBIA Witness Date The Honourable Shirley Bond Minister of Jobs, Tourism, and Skills Training and Minister Responsible for Labour Date 14

16 Canada-British Columbia Immigration Agreement Annex A: Provincial Nominees Purpose and Objectives 1.1 The purpose of this Annex is to define the roles and responsibilities of Canada and British Columbia in relation to the Provincial Nominee class as described in section 87 of the Immigration and Refugee Protection Regulations (IRPR) and, in accordance with section 8(1) of the Immigration and Refugee Protection Act (IRPA), to establish provisions concerning the selection of and acquisition of status by foreign nationals nominated by British Columbia. 1.2 In the event of a conflict between this Annex and the IRPA or the IRPR, Canada and British Columbia agree that the provisions in the IRPA or the IRPR shall prevail. 1.3 The objectives of this Annex are: To strengthen British Columbia s ability to enhance the economic benefits of immigration to the province while taking into account British Columbia s economic priorities as well as the economic development of Minority Official Languages Communities in the province To recognize that the Provincial Nominee Program, as established by section 87(1) of the IRPR, is a jointly administered immigration program, where: a. British Columbia is responsible for: i. the recruitment and nomination of Provincial Nominees on the basis of their ability to economically establish and settle in British Columbia; ii. the promotion of the British Columbia Provincial Nominee Program; iii. the integrity of the British Columbia Provincial Nominee Program; and iv. ensuring that effective performance monitoring and evaluation systems, consistent with the national Provincial Nominee Program Evaluation Framework, are in place in British Columbia. b. Canada is responsible for: i. ensuring that applicants admitted under the program have met the requirements of membership in the Provincial Nominee class as provided under the IRPA, and that they are assessed for nomination using criteria designed to determine their eligibility for consideration in the Provincial Nominee class; ii. making the final selection and admissibility decisions and issuing visas; and iii. ensuring that performance monitoring and evaluation systems are in place at the federal level to ensure that the national program continues to meet its economic objectives. 1

17 1.3.3 To admit British Columbia Provincial Nominees for permanent residence as expeditiously as possible, taking into account: a. British Columbia s annual immigration levels plan including its Provincial Nominee Program plan; b. Canada s projected annual immigration levels plan as per section 94 of the IRPA; c. the number of provincial nomination certificates issued in each calendar year, as referred to in section 3.3 of this Annex; d. legislative and regulatory requirements, including Ministerial Instructions; and e. operational and resource constraints. 2.0 Shared Principles 2.1 Canada and British Columbia agree to abide by and uphold the following shared principles: British Columbia is best positioned to: a. determine the specific economic and labour market needs of British Columbia vis-à-vis immigration; and b. assess and nominate candidates that will meet these economic and labour market needs and have the ability and intention to economically establish and settle in British Columbia Canada is responsible for national immigration policy direction, the overall design and management of the movement of permanent and Temporary Residents to Canada and, in accordance with section 94 of the IRPA, for the establishment of an annual immigration levels plan containing a projection of the number of immigrants to be admitted to Canada each year in total and in each immigrant category; and, in accordance with section 87.3 of the IRPA, for the processing of applications and requests in a manner that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada; Canada is responsible for the creation of immigration classes within the IRPA; British Columbia is responsible for the design, administration, monitoring, evaluation and integrity of its Provincial Nominee Program, and may create categories within this program to the extent that these categories identify individuals solely on the basis of their ability and intention to economically establish and settle in British Columbia, and are compatible with the definitions and criteria applicable to the Provincial Nominee class under the IRPA and the IRPR and with national immigration policy; Canada will process Provincial Nominee applications from all provinces and territories equitably and as expeditiously as possible within the national levels plan, subject to the provisions of section 3.3 of this Annex, operational and resource constraints and balancing multiple competing priorities; The importance of the Provincial Nominee Program as a strategic tool for significant economic benefit in the region; 2

18 2.1.6 The importance of encouraging the development of Minority Official Languages Communities; The importance of communication and collaboration to ensure program integrity, effective management and successful outcomes; The importance of conducting activities to maintain the integrity of the Provincial Nominee Program; The importance of standardized methodology for all Provincial Nominee Program evaluations to ensure that performance information common to all jurisdictions is collected and evaluated in a comparable manner; The importance of the Provincial Nominee Program as a tool for spreading the benefits of immigration across Canada and the critical role that the settlement and retention of Provincial Nominees in the nominating jurisdiction plays in achieving this goal; and The importance of both Parties consulting in a timely manner on proposed changes to policies, legislation, regulations and programs which could have a significant impact, fiscal or otherwise, on the operation of British Columbia s Provincial Nominee Program. 3.0 Planning and Reporting 3.1 British Columbia will develop a Provincial Nominee Program plan based on the shared principles agreed to by the Parties in section 2.1. British Columbia will submit this plan to Canada on an annual basis and in advance of consultations, to be considered in developing Canada s projections for Canada s immigration levels planning. In establishing its Provincial Nominee Program plan, British Columbia will take into account Canada s role in national immigration policy and planning. 3.2 British Columbia s Provincial Nominee Program plan shall include, but is not limited to, the elements identified in Schedule A of this Annex. 3.3 Canada will make all reasonable efforts to incorporate British Columbia s Provincial Nominee Program plan into Canada s immigration levels plan. The number of Provincial Nominee Program nominations as set by Canada in consultation with British Columbia, subject to the principles outlined in section 2.1.2, may be adjusted at any time during the year upon agreement by both Parties. Any nominations issued above the agreed upon amount for any given calendar year will be retained by the province until the following calendar year. In the event that a greater number of certificates are received by Canada than was agreed upon for the current calendar year, the excess certificates will be returned to British Columbia. British Columbia will be responsible for advising those Provincial Nominees affected that their certificates have been returned and will be held by British Columbia until January 1 of the following year. By September 30, or periodically, as agreed to by both Parties, British Columbia will inform Canada of its progress in issuing certificates for the current calendar year. 3.4 Reporting on British Columbia s levels planning will be undertaken as follows: 3

19 3.4.1 By March 31 st of each year, British Columbia will provide Canada with an annual report for the preceding year on British Columbia s Provincial Nominee Program plan and the results achieved based on calendar year; and The annual report will include but is not limited to the elements outlined in Schedule B of this Annex. The province will ensure that the report include the performance indicators listed in the Provincial Nominee national performance framework outlined in section 7.3 of this Annex. 4.0 Assessment and Nomination 4.1 British Columbia has the sole and non-transferable responsibility to assess and nominate candidates who, in British Columbia s determination: will be of benefit to the economic development of British Columbia; and have the ability and intention to economically establish and permanently settle in British Columbia subject to sections 4.2 through 4.11 of this Annex. 4.2 In order to exercise its nomination authority under this Annex, British Columbia will develop objective and transparent criteria for nomination which will be designed to assess the ability of the applicant to become economically established in British Columbia and to demonstrate the economic benefit to the province. British Columbia will publish Provincial Nominee Program requirements, policies and procedures and make this information publically available. Applicants will be required to meet these criteria in order to be nominated. British Columbia will respect the principles and objectives of this Annex in developing and implementing its criteria and procedures. 4.3 British Columbia will provide Canada with all necessary information regarding the criteria, policies and procedures that it has established for the categories under its Provincial Nominee Program, as outlined in Schedule C of this Annex, prior to the introduction and/or modification of any Provincial Nominee Program stream, category or pilot project. Canada will conduct a review of any proposed changes and, if it has determined that the changes are consistent with the IRPA, the IRPR and national immigration policies, Canada and British Columbia will agree to them. The timing and duration of the review will be mutually agreed upon by Canada and British Columbia prior to the start of the review process, taking into account resource constraints. The period of this review will vary according to the complexity of the proposed changes. British Columbia will only implement the new or amended Provincial Nominee Program stream, category or pilot project once Canada and British Columbia have reached agreement. 4.4 Provincial Nominee applicants will be nominated solely on the basis of economic benefit to British Columbia and their ability and likelihood of becoming economically established and permanently settling in British Columbia. Economic establishment will be determined on the basis of factors such as: current job or job offer, language ability, work experience, education and training, and business ownership experience. 4.5 Non-economic factors, including but not limited to family connections or community ties, shall not constitute an eligibility condition or determining factor under any stream 4

20 or category under the Provincial Nominee Program. Non-economic factors may only be used to assess the applicant's ability to adapt, likelihood to reside and/or settle in the nominating province. 4.6 British Columbia agrees to maintain the minimum language standards implemented on July 1, 2012 for Provincial Nominees at National Occupational Classification skill levels C and D and to work towards establishing minimum language standards and mandatory testing for all other Provincial Nominees For those streams, categories or occupations subject to minimum language standards and mandatory testing, British Columbia will ensure that nominations are based on valid language test results. British Columbia will require those applicants to have their proficiency assessed in the English or French language by an organization or institution designated by Canada, and these applicants must have obtained proficiencies for their abilities to speak, listen, read and write that correspond to agreed upon benchmarks. Only language test results from an organization or institution designated by Canada and the correlation of those results with the agreed upon benchmarks will be accepted as evidence of the applicant s proficiency in an official language for the purposes of this provision. The official notification of the results issued by the designated organization or a copy must be included with the application for permanent residence. The benchmarks are as follows: a. In the case of an applicant who has a job offer for an occupation listed in Skill Level C or Skill Level D of the National Occupational Classification, or has acquired work experience in one or more occupations that are listed in Skill Level C or Skill Level D of the National Occupational Classification matrix, applicants must have obtained proficiencies that correspond to the Canadian Language Benchmark of 4 or higher in each of the following competencies: speaking, listening, reading and writing As applicants in other streams, categories or occupations become subject to minimum language standards and mandatory testing, British Columbia will follow the same process as outlined in section to ensure that these applicants have obtained proficiencies for their abilities to speak, listen, read and write that correspond to agreed upon benchmarks Applications for permanent residence which require the submission of language test results as per 4.6.1, and which do not include valid language test results, or the language results do not meet the above requirements, will be returned to the applicant. 4.7 In exercising its nomination authority under this Annex, British Columbia will apply the criteria for nomination referred to in sections 4.1 through 4.5 above and follow the policy and procedures established by British Columbia, as amended from time to time, insofar as these criteria, policy and procedures are consistent with the IRPA, the IRPR or any successor legislation and regulations, national immigration policies and the terms of this Agreement and this Annex. These criteria will be applied to all individuals applying under the British Columbia s Provincial Nominee Program and British Columbia will not waive these criteria unless mutually agreed upon by Canada and British Columbia as part of the stream design process outlined in Section

21 4.8 British Columbia will not issue a nomination certificate to: a. any person whose employment is likely to affect the settlement of any labour dispute or affect the employment of a person involved in such a dispute, or whose employment will adversely affect employment or training opportunities for Canadian citizens or permanent residents in British Columbia; or b. any person who intends to enter, has agreed to enter, or has entered into an immigration-linked investment scheme. 4.9 British Columbia is responsible for verifying all information material to the nomination decision British Columbia will keep written or electronic records of its assessments of its nominees against those criteria for a minimum of six years from the date of nomination and share those records with Canada if requested to do so, subject to Annex D, Information Sharing, and the Provincial Nominee Program Schedule included in Annex D British Columbia is responsible for conducting due diligence to ensure that the applicant has the ability and is likely to become economically established and settle in British Columbia. Notwithstanding the foregoing, Canada retains the right to request additional documentation from the nominee which supports the nominee s ability and likelihood to become economically established and settle in British Columbia, and to substitute its evaluation of the applicant s ability to become economically established in Canada pursuant to sub-section 87(3) of the IRPR. In exercising its responsibilities under sections 4.18 and 4.20 of this Annex, Canada may also seek clarification and request documentation from British Columbia on its assessment, the record of which is required under sections 4.10 and 8.4 of this Annex British Columbia will issue a dated nomination certificate number, valid in accordance with British Columbia s administrative requirements, for each Provincial Nominee. The certificate will specify information including but not limited to the category under which the nomination has been made, as well as other information outlined in section 8.5 in this Annex. For security reasons, British Columbia will forward a record of the certificate, by electronic means, to the location specified by Canada. A nomination certificate received directly from the candidate or other parties will not be accepted as evidence pursuant to sections 4.1 and 4.17 of this Annex. Subject to section 3.3 of this Annex, nominees must file an application for immigration within the time limit specified on the nomination certificate On a five-year schedule, British Columbia will conduct an independent and objective performance audit of the activities to implement sections 4.1 to 4.12 of this Annex to assess whether the procedures which have been established and documented are respected and that adequate oversight mechanisms have been put in place for ongoing program monitoring and reporting, subject to the following conditions: Audits will be consistent with the standards established by the Institute of Internal Auditors. 6