Canada-British Columbia Immigration Agreement

Express Entry Schedule to Annex D: Information Sharing

2018


1.0  Preamble

1.1  This schedule, along with Appendix A to this schedule, forms an integral part of Annex D, pursuant to Section 4.0 of that Annex.

1.2  Together with Annex D, this schedule replaces the Information Sharing Agreement between Canada and British Columbia for the Collection, Use and Disclosure of Personal Information for the Purposes of the “Express Entry” System, which is hereby terminated.

2.0  Purpose of Information Sharing

2.1  The Permitted Parties, as identified in section 5 below, will collect, use and disclose information as agreed in this schedule, for the administration by the Department of Citizenship and Immigration of its Express Entry System, pursuant to Division 0.1 of the Immigration and Refugee Protection Act (hereinafter referred to as the “IRPA”), and for the planning, implementation, monitoring, and evaluation of the Express Entry British Columbia Program and related policies by British Columbia, including the selection of candidates for economic immigration through the Express Entry British Columbia Program.

2.2  The Personal Information shared pursuant to this schedule shall only be used for these purposes by the Permitted Parties.

3.0  Definitions

3.1  For the purposes of this schedule the following definitions apply:

  1. “Designated User” means an employee of British Columbia designated by British Columbia to access The Portal for the purposes described in this schedule.
  2. “Express Entry British Columbia Program” means the sub-stream of British Columbia’s Provincial Nominee Program, which allows British Columbia to recruit potential candidates for economic immigration through the Express Entry System.
  3. “Express Entry Candidate” means a person who has submitted, in accordance with Division 0.1 of Part 1 of the Immigration and Refugee Protection Act, an expression of interest to the Minister of Citizenship and Immigration.
  4. “Express Entry Personal Information” means the Personal Information about Express Entry Candidates identified in Appendix A to this schedule, which will be collected, used and disclosed to or by the Parties as described in this schedule in relation to the programs referred to in Section 2.0 of the Ministerial Instructions for the Express Entry Application Management System.
  5. “Express Entry System” means the electronic application processing system, administered by Canada under Division 0.1 of the IRPA.
  6. “The Portal” means Canada’s secure electronic ‘Express Entry Provincial/ Territorial Portal’, which provides an electronic means through which Designated Users are able to search and access the Express Entry Personal Information.
  7. “Third Parties” means any persons, corporations, entities, or organizations other than the Parties.

4.0  Authorities

4.1  For Canada:

  1. Canada is authorized to collect the Express Entry Information from British Columbia as described in this schedule as it relates directly to the purposes of administering the Immigration and Refugee Protection Act and Regulations, as limited by sections 4 and 5 of the Privacy Act.
  2. Canada is authorized to disclose the Express Entry Information to British Columbia as described in this schedule by sections 8(2)(b) and 8(2)(f) of the Privacy Act, section 10.4 of the Immigration and Refugee Protection Act, and subsection 7(2) of the Ministerial Instructions for the Express Entry Application Management System.

4.2  For British Columbia:

  1. The collection of the Express Entry Personal Information from Canada as described in this schedule is authorized by sections 26(c) and (e) and 27(1)(a)(i) of the Freedom of Information and Protection of Privacy Act, (hereinafter referred to as the “FOIPPA”);
  2. The use of the Express Entry Personal Information as described in this schedule is authorized by section 32(a) of the FOIPPA; and
  3. The disclosure of the Express Entry Personal Information to Third Parties as described in this schedule is authorized by section 33.2(a) of the FOIPPA.

5.0  Permitted Parties

5.1  The Permitted Parties under this schedule are:

  1. British Columbia’s Ministry of Jobs, Trade, and Technology and/or any successor ministry with responsibility for the activities described in Section 2.0 of this schedule; and
  2. The Department of Citizenship and Immigration, and/or any successor department with responsibility for the activities described in Section 2.0 of this schedule.

6.0  Collection, Use and Disclosure of the Express Entry Personal Information

6.1  The Express Entry Personal Information will be collected, used and disclosed to and by the Permitted Parties as described below.

6.2  Canada will disclose the Express Entry Personal Information to Designated Users using The Portal.

6.3  Canada may disclose some or all of Express Entry personal information in Appendix A to Designated Users.

6.4  Designated Users will use The Portal to search the Express Entry System for, and to collect, the Express Entry Personal Information of Express Entry Candidates who have indicated an interest in British Columbia as a Province/Territory of interest for admission under the Express Entry British Columbia Program.

6.5  The Express Entry Personal Information collected as described in subsection 6.3 of this schedule will be used by British Columbia to identify those Express Entry Candidates that are of interest to British Columbia in order that Canada may notify such candidates of British Columbia’s interest and invite them to apply to the Express Entry British Columbia Program. If the candidate applies to the Express Entry British Columbia Program and British Columbia wishes to nominate the candidate, British Columbia will disclose to Canada, via the Portal, their nomination for that candidate.

6.6  British Columbia agrees that only Designated Users will have access to The Portal and only as required for the performance of their duties.

7.0  Secondary disclosure

7.1  British Columbia will not disclose the Express Entry Personal Information except as authorized pursuant to subsection 7.2 of this schedule or as otherwise authorized or required by law.

7.2  British Columbia may disclose the Express Entry Information to potential employers who wish to recruit workers through the Express Entry British Columbia Program, subject to 7.3. British Columbia may disclose the Express Entry Personal Information to employers for the limited purpose of establishing valid offers of employment for Express Entry candidates to support nomination to the Express Entry British Columbia Program.

7.3  British Columbia may disclose the Express Entry Information to potential employers where the potential employer has undertaken to British Columbia that the information will only be used for the limited purpose of establishing valid offers of employment for Express Entry candidates and will not be further disclosed.

8.0  Schedule Designated Representatives

8.1  The Schedule Designated Representatives are:

For Canada:

Director General, Strategic Policy and Planning,
Citizenship and Immigration Canada

For British Columbia:

Executive Director, Economic Immigration Branch,
Workforce Immigration and Major Investments Division, Ministry of Jobs, Trade and Technology, Province of British Columbia

8.2  Either Party may from time to time designate a different individual to be that Party’s Schedule Designated Representative, by giving notice to the other Party’s Schedule Designated Representative. Such different individual will, from the date such notice is given, supersede any previously designated Schedule Designated Representative for that Party.

9.0  General

9.1  This schedule comes into force when the Agreement is signed by the last of the Parties to do so and remains in effect for five years, unless terminated as described in Annex D or replaced by another agreement between the Parties.

9.2  In the event of termination of this Agreement, Annex D or this schedule by one of the Parties, each of the Parties acknowledges it is not absolved of its responsibilities in connection with the Express Entry Personal Information.

Appendix A: Express Entry Personal Information that may be provided by Canada to British Columbia

The following Personal Information may be provided by Canada to British Columbia through The Portal.

Category – Candidate Identifiers

Data Element

  • Express Entry Profile Number
  • Job Seeker Validation Code
  • Candidate surname
  • Date of birth

Category – Candidate Status Updates for Candidates whom British Columbia has sent a notice of interest or nomination

  • Candidate profile status and date
  • Notice of Interest sent and date
  • Reason Notice of Interest not sent (e.g. already sent/candidate has been sent an ITA)
  • Nomination sent and date
  • Reason Nomination not sent (e.g. already sent/candidate has been sent an ITA)
  • Invitation to apply sent and date
  • Application for permanent residence received and date

Category – Intention to Reside

Data Element

  • Province/Territory of interest
  • Province/Territory and the city, of previous Canadian post- secondary study and/or work experience
  • A relative (Canadian citizen or PR) living in Canada
  • Province or territory where the relative resides
  • Relationship of relative to candidate

Category – Work Experience

Data Element

  • Primary occupation
  • Years of NOC 0,A,B work experience
  • Years of NOC 0,A,B work experience in Canada
  • Years of Skilled Trades work experience
  • Has a Skilled Trades Certificate of Qualification issued in Canada
  • Has a Skilled Trades Certificate of Qualification issued by PT user

Category – Job Offer

Data Element

  • Has a job offer
  • Province or Territory and the city of a job offer
  • Job offer NOC

Category – Education

Data Element

  • Highest level of education
  • Study in Canada

Category – Language Proficiency

Data Element

  • Canadian Language Benchmarks (CLB) English Language Score: Speaking
  • CLB English Language Score: Listening
  • CLB English Language Score: Reading
  • CLB English Language Score: Writing
  • NCLC French Language Score: Speaking
  • NCLC French Language Score: Listening
  • NCLC French Language Score: Reading
  • NCLC French Language Score: Writing

Category – Funds

Data Element

  • Minimum necessary income

Category – Family members

Data Element

  • Number of family members accompanying the candidate to Canada

Category – Official Language

Data Element

  • First Official Language

Category – Foreign Qualification Recognition

Data Element

  • Information related to a candidate's licensure in a regulated occupation
Category – Other

Data Element

  • Age
  • Comprehensive Ranking System Score (detailed breakdown)
  • Federal programs the candidate qualifies for
  • Date of Express Entry Submission

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