Canada-British Columbia Immigration Agreement

Annex A: Provincial Nominees

2015


1.0  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:

1.3.1  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.

1.3.2  To recognize that the Provincial Nominee Program, as established by section 87(1) of the IRPR, is a jointly administered immigration program, where:

  1. British Columbia is responsible for:
    1. the recruitment and nomination of Provincial Nominees on the basis of their ability to economically establish and settle in British Columbia;
    2. the promotion of the British Columbia Provincial Nominee Program;
    3. the integrity of the British Columbia Provincial Nominee Program; and
    4. ensuring that effective performance monitoring and evaluation systems, consistent with the national Provincial Nominee Program Evaluation Framework, are in place in British Columbia.
  2. Canada is responsible for:
    1. 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;
    2. making the final selection and admissibility decisions and issuing visas; and
    3. ensuring that performance monitoring and evaluation systems are in place at the federal level to ensure that the national program continues to meet its economic objectives.

1.3.3  To admit British Columbia Provincial Nominees for permanent residence as expeditiously as possible, taking into account:

  1. British Columbia’s annual immigration levels plan including its Provincial Nominee Program plan;
  2. Canada’s projected annual immigration levels plan as per section 94 of the IRPA;
  3. the number of provincial nomination certificates issued in each calendar year, as referred to in section 3.3 of this Annex;
  4. legislative and regulatory requirements, including Ministerial Instructions; and
  5. operational and resource constraints.

2.0  Shared Principles

2.1  Canada and British Columbia agree to abide by and uphold the following shared principles:

2.1.1  British Columbia is best positioned to:

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

2.1.2  Canada is responsible for national immigration policy direction, the overall design and management of the movement of permanent and Temporary Residents to Canada and, in accordance with section 94 of the IRPA, for the establishment of an annual immigration 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;

2.1.3  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;

2.1.4  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;

2.1.5  The importance of the Provincial Nominee Program as a strategic tool for significant economic benefit in the region;

2.1.6  The importance of encouraging the development of Minority Official Languages Communities;

2.1.7  The importance of communication and collaboration to ensure program integrity, effective management and successful outcomes;

2.1.8  The importance of conducting activities to maintain the integrity of the Provincial Nominee Program;

2.1.9  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;

2.1.10  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

2.1.11  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:

3.4.1  By March 31st 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

3.4.2  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:

4.1.1  will be of benefit to the economic development of British Columbia; and

4.1.2  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 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.

4.6.1  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:

  1. In the case of an applicant who has a job offer for an occupation listed in Skill Level C or Skill Level D of the National Occupational Classification, or has acquired work experience in one or more occupations that are listed in Skill Level C or Skill Level D of the National Occupational Classification matrix, applicants must have obtained proficiencies that correspond to the Canadian Language Benchmark of 4 or higher in each of the following competencies: speaking, listening, reading and writing.

4.6.2  As applicants in other streams, categories or occupations become subject to minimum language standards and mandatory testing, British Columbia will follow the same process as outlined in section 4.6.1 to ensure that these applicants have obtained proficiencies for their abilities to speak, listen, read and write that correspond to agreed upon benchmarks.

4.6.3  Applications for permanent residence which require the submission of language test results as per 4.6.1, 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 4.3.

4.8  British Columbia will not issue a nomination certificate to:

  1. any person whose employment is likely to affect the settlement of any labour dispute or affect the employment of a person involved in such a dispute, or whose employment will adversely affect employment or training opportunities for Canadian citizens or permanent residents in British Columbia; or
  2. 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.

4.10  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.

4.11  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.

4.12  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.

4.13  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:

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

4.13.2  Terms of reference for the audit, including the scope, objectives and specific assessment criteria shall be mutually agreed to by British Columbia and Canada and shall be based on, amongst other things, pre-identified risks.

4.13.3  British Columbia will provide the results of audits, including the management responses, to Canada.

4.13.4  Canada will not disclose the results of audits, including the management responses without the consent of British Columbia.

4.13.5  Subject to section 4.13.2 of this Annex, British Columbia shall undertake the audit as described in section 4.13 of this Annex within one (1) year of this Annex taking effect, unless such an activity was completed within the previous three (3) years.

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

4.15  Subject to section 3.3 of this Annex, Canada agrees to process applicants nominated for permanent resident status by British Columbia as expeditiously as possible with a view to achieving targets that have been integrated into Canada’s immigration levels plan, and to balancing multiple competing priorities.

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

4.17  Upon receipt of the application for permanent residence, together with the nomination certificate from British Columbia, Canada will:

4.17.1  determine the eligibility of the nominee as a member of the Provincial Nominee class pursuant to section 87 of the IRPR;

4.17.2  determine the admissibility of the nominee and his or her dependants with respect to legislative requirements; and

4.17.3  issue permanent resident visas to Provincial Nominees and accompanying dependants who meet all the requirements of the British Columbia Provincial Nominee Program and the eligibility and admissibility requirements of the IRPA and the IRPR.

4.18  Should the visa or processing officer determine that an individual nominated by British Columbia is likely to be refused a permanent resident visa based on the applicant’s inability to meet the requirements of the British Columbia Provincial Nominee Program and the requirements of membership in the Provincial Nominee class as per the IRPR and this Annex, British Columbia will be notified immediately, taking into consideration local operating environments, and consulted regarding the reasons for possible refusal.

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

4.20  In all other cases where Canada determines that an individual nominated by British Columbia does not meet the admissibility requirements of the IRPA, Canada will refuse without notifying British Columbia before the final decision. Canada will forward a copy of the refusal letter to British Columbia. The refusal letter will include the reason(s) for which the application was refused.

4.21  Given the importance of communication and cooperation between Canada and British Columbia in assuring program integrity, where Canada has refused an applicant on the basis of misrepresentation under section 40 of the IRPA and Canada has provided British Columbia with all relevant case-specific information relevant to its decision as set out in section 4.18 of this Annex, British Columbia shall examine the information provided by Canada, conduct its own review of the Provincial Nominee application in accordance with the province’s policies and procedures, and withdraw its nomination where it has confirmed that misrepresentation has occurred.

5.0  Admission as a Temporary Resident

5.1  Where an individual is nominated by British Columbia and is employed or has received a job offer from an employer in that province, Canada may issue a work permit pursuant to the IRPR, if the work permit application includes a letter from British Columbia that:

5.1.1  requests Canada to issue a work permit;

5.1.2  states that the nominated individual is urgently required by the employer;

5.1.3  determines that:

  1. The job offer is genuine and the job offer will create economic benefits or opportunities;
  2. The employment is not part-time or seasonal; and
  3. The wages and working conditions of the employment would be sufficient to attract and retain Canadian citizens.

5.2  Where British Columbia is considering an application for nomination under the business category of the Provincial Nominee Program and is of the opinion that the entry of a foreign national under that application to carry out business activity, or as a key staff member of a foreign company, or of another foreign national establishing an eligible business in the province is of significant benefit to British Columbia, Canada may issue a temporary work permit to that foreign national pursuant to section 205(a) of the IRPR, if the temporary work permit application includes a letter from British Columbia that:

5.2.1  states that the foreign national is being considered for nomination for permanent residence based on their stated intention to either conduct business activity or work as a key staff member of a foreign company or another foreign national establishing an eligible business in the province, as the case may be;

5.2.2  states that British Columbia is of the opinion that the planned business activity or work of the foreign national will be of significant benefit to the province; and

5.2.3  requests Canada to issue a temporary work permit for a specific period, up to a maximum of two (2) years.

5.3  Where a temporary work permit issued under section 5.2 of this Annex is due to expire and British Columbia has nominated that foreign national and the foreign national has applied for permanent residence and has been found eligible, Canada may issue a temporary work permit to that foreign national pursuant to section 205(a) of the IRPR.

5.4  British Columbia will be responsible for conducting due diligence to ensure the genuineness of the job offer and that the individual is urgently required by the employer; or in the case of a prospective business nominee, that the proposed business is consistent with British Columbia's requirements, including reasonable potential for achieving commercial viability, and that the applicant is likely to establish the proposed business and meet the requirements for nomination within the period authorized for initial temporary entry.

5.5  Notwithstanding section 5.1 of this Annex, the individual nominated by British Columbia must meet all other IRPA and IRPR requirements, including admissibility, required for the issuance of a temporary work permit.

6.0  Program Integrity

6.1  British Columbia is responsible for fraud detection and deterrence in the administration of its Provincial Nominee Program. Canada has responsibility for applying statutory admissibility criteria and exercising ultimate selection authority as described in the IRPR, and is responsible for fraud detection and deterrence in the administration of Canada’s immigration system.

6.2  Canada and British Columbia will cooperate to ensure the integrity of the Provincial Nominee Program, subject to applicable statutory authorities, privacy legislation, and information sharing agreements, including, but not limited to, activities such as:  

  1. investigating potential program abuses to ensure the rigour and confidence of the immigration system;
  2. sharing information including Personal Information and intelligence related to program abuses;
  3. working collaboratively with other federal agencies, as required, to address issues related to admissibility, including anti-fraud activities, criminality and public safety;
  4. coordinating and streamlining investigations involving both jurisdictions; and
  5. conducting and disseminating research, and identifying knowledge gaps related to program integrity and quality assurance mechanisms.

6.3  Canada and British Columbia will continuously seek to improve program integrity by acting upon knowledge gained through periodic program integrity and quality assurance activities, with an emphasis on:

  1. identifying and evaluating risk information to ensure appropriate measures are taken;
  2. establishing measures to strategically and systematically mitigate risks;
  3. improving policies and procedures by closing gaps and addressing vulnerabilities; and
  4. program integrity training.    

6.4  British Columbia will report instances of suspected or confirmed fraud or misrepresentation involving, but not limited to, applicants, employers, Third Party immigration representatives and educational institutions to Canada without delay, subject to Annex D, Information Sharing, and the Provincial Nominee Program Schedule under Annex D.

6.5  Where a case or cases of suspected or confirmed fraud or misrepresentation have been identified by either Party, British Columbia will provide, upon request by Canada, case-specific information, including information received from Third Parties, and information relating to administration of the Provincial Nominee Program, in order to make informed decisions about disposition of these cases and in the furtherance of the integrity of the program.

6.6  Canada and British Columbia will share information on current and planned activities that support quality assurance and program integrity and, upon request, share the results of these activities with the other Party.

7.0  Program Evaluation

7.1  Canada will conduct a national evaluation of the Provincial Nominee Program on a five-year cycle in order to meet federal accountability and evaluation requirements. The evaluation will include the relevant components of British Columbia’s Provincial Nominee Program determined by Canada as necessary for a national evaluation. British Columbia is committed to cooperate to this end. Canada will be responsible for the costs of the national evaluation.

7.2  Canada will develop a national evaluation framework for the Provincial Nominee Program in consultation with all jurisdictions that have a Provincial Nominee Program, including British Columbia. The national evaluation framework will establish common definitions, performance indicators and data collection methodologies for all jurisdictions, including British Columbia. These may be adjusted from time to time. These common components will ensure consistency and comparability within the evaluation process.

7.3  Canada will consult with all jurisdictions, including British Columbia, in the development of a national performance measurement framework for the Provincial Nominee Program. British Columbia agrees to collect ongoing performance information as identified in this framework and to report on all indicators contained therein to Canada on an annual basis.

7.4  On a five-year schedule, British Columbia will conduct rigorous evaluations of its Provincial Nominee Program that utilize both qualitative and quantitative methodologies and multiple lines of evidence. The evaluations will examine program performance, including the extent to which desired outcomes are achieved, and incorporate data collected as per the national performance measurement framework and British Columbia’s Annual Report as per Schedule B of this Annex. British Columbia will provide a copy of these evaluations, which will include a description of methodologies used, to Canada upon completion.

7.5  In addition to the data reported annually under section 7.3 of this Annex, British Columbia will ensure that the requisite information as identified in section 7.2 of this Annex is available for the national evaluation. British Columbia will cooperate with Canada, to the extent permitted by law, including the sharing of relevant program information and data, and facilitating access to program staff and clients for the purpose of gathering additional information required for the national evaluation.

7.6  Subject to applicable legislation and policies governing the disclosure of Personal Information, Canada and British Columbia agree to share information on prospective and actual permanent resident admissions to aid in the evaluation and management of British Columbia’s Provincial Nominee Program, as set out in Annex D, Information Sharing, and the Provincial Nominee Program Schedule included in Annex D.

7.7  British Columbia will continue to participate as a consortium member and contribute to the Longitudinal Immigrant Data Base (IMDB) which has established a mechanism to collect the data, inter alia, for the national Provincial Nominee Program evaluation.

8.0  Information Exchange

8.1  Canada and British Columbia agree to exchange information to allow them to plan and develop policy and to deliver, monitor and evaluate the Provincial Nominee Program and processes.

8.2  In accordance with section 10.4 of the General Provisions of this Agreement, Canada and British Columbia agree that information sharing for the Provincial Nominee Program will be governed by provisions set out in Annex D, Information Sharing, and the Provincial Nominee Program Schedule included in Annex D.

8.3  In order to facilitate the exchange of information between Canada and British Columbia, British Columbia will obtain signed consent from each nominee applicant and spouse, allowing British Columbia and Canada to share information regarding the nominee’s application, including the processing thereof, and for the purposes of program monitoring, quality assurance, program integrity and evaluation.

8.4  British Columbia will maintain assessment records for each candidate nominated under this Annex.

8.5  British Columbia will provide monthly nomination reports to Canada. These reports will include, but will not be limited to, identification information for each applicant (full name, date of birth, citizenship); the nomination certificate (certificate number and expiry date) and stream (stream/category name and type); the applicant’s National Occupational Classification code; and language test results (where required).

8.6  Canada will provide monthly reports on the processing and permanent resident admissions of Provincial Nominees destined to British Columbia as well as any other type of report provided to other provinces pursuant to their Provincial Nominee agreements.

The Parties agree to give one another notice of any change in procedure, policy, regulations or legislation relating to their respective programs or operations that is likely to affect the Provincial Nominee Program.

9.0  Dispute Management and Resolution

9.1  In the case of a Dispute under this Annex, Canada and British Columbia agree to follow the Dispute Management and Resolution Procedures provided for in section 10.3 of the General Provisions of this Agreement.

9.2  Upon notification in writing as per section 10.3 of the General Provisions of this Agreement, that a Dispute exists regarding the interpretation or implementation of, the IRPA, the IRPR and this Annex as they apply to Provincial Nominees, including but not limited to Disputes concerning the province’s criteria to assess an individual’s ability to economically establish or where there is evidence of systemic fraud or multiple instances of fraud in the province’s Provincial Nominee Program which create a reasonable apprehension that an application may be fraudulent, Canada may, upon communication with British Columbia, at any time during the Dispute Management and Resolution Procedures, impose a Processing Pause on the application(s) under dispute until the Dispute is resolved.

9.2.1  Canada will provide written notification to British Columbia of the date when the Processing Pause will start.

9.2.2  Canada will provide written notification to British Columbia of the date when the Processing Pause will end.

10.0  General

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

  1. For Canada, the Director, Economic Immigration Policy and Programs, Immigration Branch; and
  2. For British Columbia, the Executive Director, Economic Immigration Programs.

10.2  In accordance with sections 10.7.2 and 10.7.12 of the General Provisions of this Agreement, this Annex will be valid for five (5) years from the date of this Agreement coming into force.

10.3  Upon the mutual written consent of both Parties, the term 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, in accordance with section 10.7.4 of the General Provisions of this Agreement.

10.4  Amendments to this Annex will be made in accordance with section 10.7.5 of the General Provisions of this Agreement.

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

Schedule A – British Columbia Provincial Nominee Program Plan

Part A: Objectives, Principles and Priorities

  1. a program description of the British Columbia Provincial Nominee Program, including priorities.

Part B: Nomination Plan

  1. the total number of nomination certificates, by category, that British Columbia plans to issue, on a calendar year basis, over the next 3 years, updated annually;
  2. the estimated number of Temporary Foreign Workers and International Students British Columbia expects to nominate in the following calendar year;
  3. a list of the top occupations that British Columbia expects to be actively recruiting through its Provincial Nominee Program in the current year; and
  4. the estimated number of nomination certificates that British Columbia expects to issue to francophone applicants on a calendar year basis, over the next 3 years, updated annually.

Part C: Promotion and Recruitment

  1. description of activities that support and promote the growth of Minority Official Languages Communities; and
  2. identification of countries where British Columbia intends to focus promotion and recruitment activities in the following calendar year.

Part D: Program Integrity

  1. description of current and planned activities that support program integrity, including, but not limited to, anti-fraud and quality assurance exercises.

Part E: Evaluations and Audits

  1. planned evaluation and audit activities.

Schedule B – British Columbia Provincial Nominee Program Annual Report

Part A: Objectives, Principles and Priorities

  1. overview of British Columbia Provincial Nominee Program, priorities and achievements

Part B: Results achieved for the reporting year based on British Columbia Provincial Nominee Program plan

  1. all elements included in the federal-provincial-territorial Annual Provincial Nominee Program Plan, as amended from time to time by Canada, in collaboration with provinces and territories, in the following areas:
    1. Nominations issued and provincial processing
      • nomination certificates issued
      • nominees who were Temporary Foreign Workers at time of nomination
      • British Columbia’s processing: applications received, applications declined, nominations issued, nominations withdrawn, inventories, processing times
    2. Landings, retention and economic outcomes
      • nominees admitted who have not reported to British Columbia within 3 months of landing
      • nominees Residing in British Columbia
      • outcomes of Business Nominees
    3. Program development, promotion and recruitment
      • promotion and recruitment activities, including those targeting development of Minority Official Languages Communities
      • contribution to development of Minority Official Languages Communities: Nominees reporting French as mother tongue or first official language
    4. Program integrity
      • refusals/withdrawals involving fraud or misrepresentation

Part C: Program Integrity

  1. summary of program integrity activities including, but not limited to, anti-fraud and quality assurance exercises

Part D: Evaluation and Audit

  1. evaluation plans and/or results

Schedule C – Changes to the British Columbia Provincial Nominee Program

Part A: Introduction of a new stream or category

  1. Summary:
    1. description of the proposed stream or category, including type of stream or category (one of the 6 Global Case Management System categories)
    2. what is the expected timeframe for this change?
  2. Rationale:
    1. What are British Columbia’s goals in creating this stream or category?
    2. Why is the introduction of this stream or category required or preferred, as opposed to the modification of an existing stream or category?
    3. What would be:
      1. the profile of the ideal candidate for this stream or category? Who is this stream or category’s target group?
      2. the projected volume of provincial applications under this stream or category?
      3. the projected number of nominations under this stream or category, and its share of overall nominations?
  3. Analysis:
    1. Criteria: British Columbia to submit a table/chart listing the proposed criteria for the stream or category, the rationale for each criterion, and how each requirement will be verified. A template for this table/chart will be provided by Canada. British Columbia will also provide any rating guide or points grid used to evaluate the criteria established
    2. Process: In some cases, Canada may request that British Columbia submit a process map outlining the application process, including documents required at each step, what assessment and verifications will be done at each stage, and identifying decision-makers. Where needed, a template for this process map will be provided by Canada.

Part B: Modification or amendment of the eligibility criteria of an existing stream or category

  1. Summary:
    1. Description of the proposed changes to the stream or category criteria and/or application process
    2. What is the expected timeframe for this change?
  2. Rationale:
    1. What does British Columbia aim to achieve by making these changes?
    2. What impact (if any) does British Columbia anticipate that these changes will have on:
      1. the projected volume of provincial applications?
      2. the number of nominations issued under this stream or category and/or the importance of this stream or category within overall nominations?
      3. the provincial application process?
  3. Analysis: British Columbia to submit a table/chart listing the current stream or category criteria, the proposed changes to stream or category criteria, and the rationale for each change. A template for this table/chart will be provided by Canada. British Columbia will also provide any rating guide or points grid used to evaluate the criteria established.

Part C: Closing/suspension of a current stream or category

  1. Summary:
    1. Which stream or category is British Columbia planning to close or suspend?
    2. What would be the effective date of this change?
  2. Rationale:
    1. Why has British Columbia decided to eliminate or suspend this stream or category?
    2. Does British Columbia plan to replace this stream or category, or to refer this applicant population to a different stream or category within the current program?
    3. What impact (if any) does British Columbia anticipate that this stream or category closure/suspension will have on:
      1. overall nomination numbers?
      2. the distribution of nominations among the remaining streams or categories?
  3. Processing:
    1. Is there a current inventory of applications under this stream or category? If so, how large is it?
    2. What are the timeframes for clearing the inventory of applications under this stream or category?
Date Modified: