Canada-British Columbia Immigration Agreement

Annex A:  Responsibilities for Federally Funded Settlement and Integration Services
2010


1.0  Purpose

1.1  The purpose of this Annex is to confirm:

  1. shared principles under which both Parties operate with respect to matters dealt with in this Annex;
  2. roles and responsibilities of Canada and British Columbia for federally funded settlement and integration services;
  3. British Columbia’s primary responsibility for the design, administration and delivery of federally funded settlement and integration services; and to
  4. the intention of the Parties to enhance the shared accountability and reporting mechanisms to be undertaken by both Parties in order to maintain the efficient and effective delivery and administration of settlement and integration services.

2.0  Shared Vision and Principles

2.1  Canada and British Columbia recognize the importance of facilitating the settlement and integration of Immigrants and  Refugees, which includes building and supporting welcoming and inclusive communities, acknowledging that both orders of government have a role in that process. As such, Canada and British Columbia agree that:

  1. integration is a two-way process, which involves commitment on the part of Immigrants and Refugees to adapt to life in Canada and on the part of Canadians to welcome and adapt to new people and cultures;
  2. the ability of Immigrants and Refugees to communicate in one of Canada’s official languages is key to settlement and integration;
  3. economic self-sufficiency and participation in the social, political and cultural dimensions of life in Canada are important for the successful settlement and integration of Immigrants and Refugees, and it is important that the contributions of newcomers in these areas are recognized and valued by host communities;
  4. labour market integration of Immigrants and Refugees is key to achieving economic self-sufficiency, and is a key priority in supporting Canada’s future economic development;
  5. Immigrants and Refugees facing significant barriers to successful settlement and integration, and who are deemed most in need within the community, are a priority;
  6. communities and workplaces that are welcoming and inclusive are integral to the successful settlement and integration of newcomers;
  7. settlement and integration services should be flexible and responsive to individual and community needs, with outcomes being reasonably comparable across Canada;
  8. working together to ensure accountability for federally funded settlement and integration services, including defining, measuring and reporting on outcomes for Immigrants and Refugees is of high importance to both orders of government to support responsive, efficient and effective settlement and integration services; and
  9. coordination and communication between Canada and British Columbia are key to successful delivery of programs when the responsibilities of the two orders of government intersect or are shared.

3.0  Scope of Settlement and Integration Services

3.1  Settlement and integration services, which are designed, administered and delivered by British Columbia under the terms of this Annex, may include, but are not limited to, the following:

  1. information and orientation - information products preparation and distribution, orientation and information sessions, promotion and outreach;
  2. language and skills development – language assessment, referrals, and training, including preparation of instructional materials, tools and guidelines, as well as other skills development such as labour market focused language training, and life-skills training;
  3. community connections and sectoral supports – public awareness, cultural awareness, anti-racism initiatives, and community level engagement initiatives, volunteer recruitment and support, newcomer and host matching, immigration portal, immigrant service sectoral supports and professional development;
  4. labour market participation – labour market bridging, job search skills, labour market information, workplace orientation, business activity preparation and mentoring;
  5. support services - reception, interpretation, translation, settlement counselling, provision of enabling services such as child-minding and transportation services to facilitate program access; and
  6. needs assessment: assessment and referrals to federally funded settlement and integration services as well as other relevant services.

4.0  Eligible Clients

4.1  “Eligible Clients” for federally funded settlement and integration services in British Columbia and, in the case of section 4.1.(d), with respect to those destined for British Columbia are:

  1. permanent residents of Canada;
  2. protected persons as defined in section 95 of the IRPA;
  3. individuals who have been selected, in Canada, to become permanent residents (pending medical, security and criminal verifications) and who have been informed of this by a letter from Citizenship and Immigration Canada;
  4. while recognizing federal jurisdiction for programming overseas, and in consultation with Canada, foreign nationals who have been selected overseas to become permanent residents (pending verifications) and who have been informed of this by a letter from Citizenship and Immigration Canada; and
  5. live-in caregivers who are in Canada with a work permit under the Live-in Caregiver Program.

4.2  The Parties jointly commit to feasibility studies, research and analysis that will inform the expansion of eligibility criteria as appropriate.

4.3  Notwithstanding the above eligibility criteria for direct service delivery, federal settlement funds may be used for initiatives that support the development of welcoming and inclusive communities, including those services referenced in section 3.1(c) of this Annex.

5.0  Roles and Responsibilities

5.1  Canada will:

  1. subject to the provisions in section 6.0 of this Annex, provide ongoing funding to British Columbia to support the design, administration, delivery, performance measurement and evaluation of settlement and integration services;
  2. ensure that services for Convention refugees abroad and humanitarian-protected persons abroad as described in the IRPR and resettled in British Columbia are provided with:
    1. income support during their initial period in Canada; and
    2. immediate essential services such as port of entry reception, onward destining, reception at final point of destination, temporary accommodation, linkage to income support, initial counselling, referral to specialized counselling or services, and linkages to regular settlement and other human services.
  3. continue to provide settlement and integration services at the federal level, including:
    1. port of entry “Welcome to Canada” information services for all Immigrants and Refugees;
    2. information and advice to assist in planning and delivery of settlement and integration services on matters such as immigration trends, research findings, and relevant federal policies; and
    3. orientation overseas.
  4. establish and chair a multilateral working group for the development of, and ongoing enhancements to, an accountability framework that will include:
    1. comparable outcomes;
    2. a multilateral planning process; and
    3. an ongoing performance measurement and reporting strategy.

5.2  British Columbia will:

  1. design, administer and deliver settlement and integration services in accordance with the terms of this Annex;
  2. work cooperatively with other stakeholders to ensure their involvement in identifying existing and emerging settlement and integration needs and in setting priorities for the provision of settlement and integration services through a process that:
    1.  takes into consideration the interests of affected communities, including Minority Official Language Communities, consistent with the requirements of section 4.4 of the General Provisions of the Agreement;
    2. draws on consultations with a wide range of stakeholders, including settlement and mainstream service providers, umbrella organizations and clients, and invites Canada’s participation in these consultations to the fullest extent possible;
    3. draws on information about immigration and integration trends, best practices, research results; and
    4. is at arm’s length from specific funding decisions that may be perceived as conflict of interest situations.
  3. administer the funds transferred under this Annex in a way that:
  4. ensures that a broad range of service providers are eligible for funding, with service quality and cost effectiveness as key considerations;
  5. acknowledges federal funding contributions as outlined in sections  10.6.4 and 10.6.5 of the General Provisions of the Agreement; and
  6. ensures that federally-funded settlement and integration will not be offered for profit, and that Eligible Clients do not pay user fees for federally-funded services.
  7. ensure that all ministries involved in delivering federally funded settlement and integration services meet the reporting requirements set out in this Annex;
  8. agree to take into account the needs of the Minority Official Language Communities and Eligible Clients when developing program priorities for settlement and integration services through consultation with organizations that provide settlement and integration services, and with organizations representative of the Minority Official Language Communities;
  9. In delivering settlement and integration services, British Columbia will actively offer its services in either of Canada’s official language where there is significant demand. And, taking into consideration the spirit and intent of Canada’s Official Languages Act, British Columbia is responsible to determine, in consultation with Canada what constitutes "significant demand" for the purposes of communication with, and the provision of services to, persons requiring settlement and integration services.
  10. provide a service plan and annual report as outlined in section 7.4 of this Annex;
  11. participate in the multilateral working group on accountability that will develop a national accountability framework; and
  12. include, where reasonable and to the fullest extent possible, elements of the national accountability framework in British Columbia’s accountability framework in order to measure and report on comparable outcomes.

5.3  Shared Roles and Responsibilities

5.3.1  Canada and British Columbia agree to work together and with other provinces and territories to:

  1. define what constitutes “reasonably comparable” settlement and integration services and update the definition when necessary;
  2. use efforts to provide services that are reasonably comparable across Canada;
  3. enable the availability of effective orientation abroad for potential Immigrants and Refugees on settlement and integration challenges in Canada;
  4. develop and distribute orientation materials in Canada in partnership with stakeholders;
  5. coordinate overseas activities and work to address the implications for services delivered in Canada;
  6. define and pursue, with other stakeholders, appropriate research projects that will improve understanding of the settlement and integration process and help people make informed decisions on the best use of public funds to facilitate this process;
  7. improve Canadians’ understanding of the impact of immigration, and promote an understanding of integration as embodied in section 2.1(a) of this Annex;
  8. within a multilateral forum, identify priority areas for funding under the Innovation Fund and share, for information purposes, the list of projects chosen for funding under the Innovation Fund and ensure a coordinated approach is taken to complement existing programs and services and avoid overlap and duplication.
  9. to the extent permitted by law, exchange information and best practices related to the settlement of Refugees and Immigrants in order to inform policy and program development and evaluation; and
  10. develop and work toward the implementation of a national accountability framework that includes a reporting structure for results that defines common outcomes and indicators in order to measure results in a manner that enables comparability across Canada.

6.0  Financial Arrangements

6.1  All references to funding commitments or payments on the part of Canada including contributions or other types of transfers, that are contained in this Agreement are subject to Parliamentary appropriations. Such commitments or payments shall only be in accordance with the Financial Administration Act and all related policies on the part of Canada.

6.2  In accordance with section 8.2 of the General Provisions of the Agreement, Canada agrees to provide appropriate, transparent, fair, equitable, and ongoing funding for the purposes of design, administration, delivery, performance measurement and evaluation of settlement and integration services delivered in British Columbia, as per the terms of this Annex.

6.3  Canada’s continuing role will include the allocation annually to British Columbia of a share of funding available for settlement and integration services based upon an allocation model developed in consultation with British Columbia and other provinces and territories.

6.4  Canada will inform British Columbia by April 1 of each year of the amount of funding planned to be available nationally for the subsequent three (3) fiscal years, subject to appropriations by Parliament.

6.5  Canada will inform British Columbia by November 1 of each year of its share of immigration for the purposes of calculating British Columbia’s allocation for the next fiscal year.

6.6  For the 2009-2010 fiscal year, British Columbia will receive $120,729,982 in funding to support the design, administration, delivery, performance measurement and evaluation of the settlement and integration services Footnote 1. This amount includes funding to support activities related to an immigration portal, enhanced language training and welcoming communities initiatives. British Columbia will also receive $7,325,155 for administration in 2009-2010.

6.7  Canada agrees to provide annual funding to British Columbia for administrative costs according to an established formula determined in consultation with British Columbia, and Manitoba.

6.8  Canada will make payments to British Columbia for the fiscal year allocation in accordance with all requirements of the law and with standard federal practices, including the requirements of the Financial Administration Act, the Federal Accountability Act, and the Alternative Funding Arrangement.

6.9  British Columbia will inform Canada in writing, and at the earliest possible opportunity, of any reductions in their own level of spending on settlement and integration services.

7.0  Implementation

7.1  Governance

7.1.1  In accordance with section 10.1.1 of the General Provisions of the Agreement, the Agreement Management Committee (AMC) will determine the appropriate mandate, structure and reporting requirements for the implementation of this Annex.

7.1.2  The designated representatives for the purpose of communication and notification pursuant to this Annex are:

  1. for Canada, the Director, Horizontal Policy Development and Coordination - Integration Branch, Citizenship and Immigration Canada; and
  2. for British Columbia, the Executive Director, Immigration and Welcome BC Branch, British Columbia Ministry of Advanced Education and Labour Market Development.  

7.2  Dispute Resolution Process

7.2.1  In the case of a dispute or a disagreement under this Annex, Canada and British Columbia agree to follow the dispute resolution process outlined in section 10.3 of the General Provisions of the Agreement.

7.3  Information Sharing

7.3.1  All arrangements made for information sharing shall be in accordance with section 10.4 of the General Provisions of the Agreement.

7.4  Program Integrity

7.4.1  Planning of federally funded settlement and integration service provision in British Columbia will be undertaken as follows.

7.4.2  British Columbia will provide Canada by May 31 of each year with an annual  three-year service plan which includes the elements outlined in Appendix 1: Annual Service Plan of this Annex.

7.4.3  Respecting British Columbia’s responsibilities and jurisdiction under this Agreement, by mutual agreement, the service plan template in “Appendix 1: Annual Service Plan” may be revised to ensure it is reasonably consistent with planning requirements developed through the multilateral planning process as referenced in section 5.1(d) of this Annex;

7.4.4  British Columbia is committed to evaluating all federally funded settlement and integration services in British Columbia, including programs, projects and initiatives, and will inform Canada of all evaluations planned and of evaluation results in annual service plans and reports to Citizenship and Immigration Canada (CIC).  For all programs and their components,British Columbia will complete evaluations of these services  on a  five (5) year cycle and will:

  1. develop an evaluation framework that adheres to commonly accepted evaluation
      practices and methodologies;
  2. submit the evaluation framework for approval by the AMC;
  3. upon completion of  evaluations, submit the evaluation reports to the AMC for \
      review before finalization; and
  4. within three (3) months of finalization of the evaluation reports, provide copies  
      to Canada.

7.4.5  As set out in section 6.0, this Annex transfers administration funding to British Columbia. One of the intended uses of this funding is evaluation as referred to in section 7.4.4.

7.4.6  Reporting for federally funded settlement and integration services in British Columbia will be undertaken as follows:

  1. British Columbia will provide Canada with an annual report for the period covered by the previous fiscal year by August 31st of each year, on the funds transferred by Canada under this Annex and the results achieved.
  2. the annual report will demonstrate that 100% of  the funds provided under this Annex were:
    1. used in a way consistent with the shared principles agreed to by the Parties; and
    2. spent exclusively on the design, administration, delivery, performance measurement and evaluation of settlement and integration services as per the terms of this Annex.
  3. the annual report will include the elements outlined in “Appendix 2: Annual Report” and “Appendix 3: Data to be Included in the Annual Report”.
  4.  notwithstanding Appendices 2 and 3 and respecting British Columbia’s responsibilities and jurisdiction under this Agreement, Canada and British Columbia may, by mutual agreement, revise the annual report template and data to be reasonably consistent with reporting standards developed through the multilateral working group as outlined in section 5.1 (d) of this Annex.

7.4.7  Canada and British Columbia will work towards sharing client-specific data on outputs and outcomes as appropriate, and to the extent permitted by law.

7.4.8  British Columbia will continue to use a results-based management approach to the design, administration and delivery of its programs for the purposes of probity and accountability.

7.4.9  To ensure appropriate accountability, it is necessary to have an effective financial and program control environment; therefore, British Columbia will:

  1. implement an internal audit strategy that addresses all areas of higher risk and significance, that will enable it to demonstrate that due diligence has been exercised, that it is consistent with generally accepted accounting principles and auditing standards and that provides that audit results are shared with Canada within six (6) months of the audit’s completion, and
  2. in accordance with section 10.4 of the General Provisions of this Agreement, provide access to all relevant information, documentation and data.

8.0  Term and Amendments

8.1  In accordance with sections 10.8.2 and 11.3 of the General Provisions of the Agreement, this Annex will be valid for five (5) years from the date of the Agreement coming into force

8.2  The parties agree to evaluate the effectiveness of the Annex no later than twelve (12) months prior to its expiry.

8.3  Upon mutual consent of both parties in writing, the terms and conditions of this Annex can be extended at any time prior to its expiry, subject to any required approval or authorization including the approval of the Governor in Council.

8.4  Amendments to this Annex will be made in accordance with section 10.8.5 of the General Provisions of the Agreement.

8.5  Either Party may terminate this Annex at any time by providing at least twenty four (24) months notice.

8.6  In the event that either Party wishes to terminate this Annex, both Parties will take reasonable steps to reduce the costs attributable to the termination.

8.7  In the event of termination of this Annex, Canada and British Columbia agree that they will work together to ensure that services to Eligible Clients will not be unduly affected or interrupted by the termination.

APPENDIX 1:  ANNUAL SERVICE PLAN

Part A:  Objectives and Priorities

  1. British Columbia’s Goals and Objectives for Settlement and Integration Programs and Services
  2. British Columbia’s Priorities for Settlement and Integration Programs and Services
  3. Consistency with Shared Principles

Part B:  Planning Process – Information and Community Input

  1. Planning Process
  2. Consultations

Part C:  Proposed Allocation and Use of Funds

  1. Proposed Allocation
  2. Proposed Use of Funds and Expected Results
    1. Settlement and Integration Services
    2. Welcoming and Inclusive Communities
    3. Special Initiatives
      1. Regional Programming
      2. Official Languages
      3. Enhanced Language Training (unless advised otherwise by CIC)
      4. Going to Canada Immigration Portal (unless advised otherwise by CIC)
      5. Welcoming Communities Initiative (unless advised otherwise by CIC)
      6. Other

Part D:  Monitoring and Evaluation

  1. Planned Monitoring Activities
  2. Planned Evaluation Activities
  3. Planned Financial Audits

APPENDIX 2:  ANNUAL REPORT

Part A:  Objectives and Priorities

  1. Overview of Program Areas and Priorities
  2. Progress and Achievements

Part B:  Report on Use of Funds

  1. Financial Summaries (Federal and Provincial Funding)
  2. Acknowledgement of Federal Funding

Part C:  Results Achieved

  1. Overall Results
  2. Performance Results (including outputs and outcomes outlined in Appendix 3)
  3. Special Initiatives
    1. Regional Programming
    2. Official Languages
    3. Enhanced Language Training (unless advised otherwise by CIC)
    4. Going to Canada Immigration Portal (unless advised otherwise by CIC)
    5. Welcoming Communities Initiative (unless advised otherwise by CIC)
    6. Other

Part D:  Planning Process – Information and Community Input

  1. Overview of outcomes of consultations and planning process

Part E:  Monitoring and Evaluation

  1. Monitoring Results
  2. Evaluation Results
  3. Financial Audit Results

Appendix 3: Data to be included in annual report

  1. General:
    1. In the spirit of sharing best practices and in the context of Canada and British Columbia’s mutual commitment to settlement services that are evidence-based and focused on improving immigrant outcomes, this appendix specifies the data on settlement service outputs and outcomes that BC will include in its annual report to Canada.
    2. Data will be provided to Canada on an annual basis in Part C (2) of the annual report.
    3. Either Party may propose updates to sections 2, 3, and 4 of this Appendix as needed, and changes will be made upon agreement by both Parties.
  2. Data reporting criteria:
    1. Data will encompass only Citizenship and Immigration Canada-eligible clients where possible. Where this is not possible, it will be clearly indicated.
    2. Data will represent a one-year period. The exact period represented (months and years) will be listed with each reported indicator.
    3. The data source will be listed for each indicator (e.g. Student Tracking and Reporting System [STARS], client survey). Where possible, when the data source is a survey, the survey response rate will also be listed.
    4. Data will be broken down by the following demographic criteria, where applicable and/or available:
      • immigration category (e.g. family class, skilled worker, etc.);
      • age;
      • gender Footnote 2;
      • first language learned as a child (mother tongue);
      • source country ; and
      • level of education completed.
  3. Output indicators:
    1. # of newcomers accessing settlement information through Stream 1 assessments, orientations, and referrals;
    2. # of visitors to Portal who obtain information from the site;
    3. # of unique newcomers enrolled in language training, by program type;
    4. # of unique newcomers who completed an English Language Services for Adults  (ELSA) class level, by program type;
    5. # of Stream 1 clients who have received enhanced labour market services;
    6. # of Stream 2 Community Bridging workplace mentoring matches made;
    7. # of newcomers matched with a host through Community Bridging;
    8. # of Welcoming Community projects and activities, by type (promotion/communications/community forums; new/enhanced tools and services to assist immigrants in dealing with discrimination and racism);
    9. # of community partnerships developed and initiatives undertaken under the Welcoming and Inclusive Communities and Workplaces Program;
    10. # of French speaking newcomers served by settlement service providers in French or referred to other Francophone services; and
    11. # of settlement agencies offering services in French.
  4. Outcome indicators Footnote 3:
    1. % of Stream 1 surveyed clients who feel that they have obtained information and support relevant to their settlement needs (answered "very much" to the question, "Overall, how much has this agency helped you by providing information and assistance?");
    2. % of ELSA clients surveyed that demonstrate knowledge of Canadian systems and culture (answered at least four of six questions about Canadian systems and culture correctly), by program type;
    3. % of ELSA clients surveyed who report improved ability to use English to perform tasks as a result of ELSA classes (answered that they had better ability to speak with coworkers, employers, neighbours and friends and improved ability to perform at least two other tasks as a result of ELSA classes), by program type;
    4. % of ELSA clients surveyed who report increased ability to pursue employment goals as a result of ELSA services received, by program type Footnote 4; and
    5. % of Community Bridging clients surveyed who report that their host has increased their understanding of Canadian systems and cultures (answered that they had been helped by their host to know more about at least four of eight  facets of Canadian life).

Footnotes

Footnote 1

Does not include $6,114,318 that was included in the Citizenship and Immigration Canada 09/10 funding letter, given that this amount will be retained by Citizenship and Immigration Canada for the Innovation Fund.

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Footnote 2

British Columbia will begin collecting data July 1st and will be able to have first year report by August 31,  2010.

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Footnote 3

British Columbia will develop an outcome indicator for the Welcoming and Inclusive Communities and Workplaces Program by August 31, 2010.

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Footnote 4

British Columbia agrees to introduce this outcome indicator or one very similar to it, for its Labour Market Focused English Language Services for Adults (LMF ELSA) programming, after discussions with LMF ELSA providers.

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