Canada-Manitoba Immigration Agreement June 2003

Annex C
Provision of Data on Immigrant Landings

0.0 Preamble

0.1 WHEREAS this Agreement is an Annex to the Canada-Manitoba Immigration Agreement, and is entered into pursuant to subsection 4.4 of that Agreement and includes Appendix 1 and Appendix 2, to this Annex.

0.2 WHEREAS the information provided to Manitoba may constitute personal information within the meaning of the Privacy Act, R.S.C. 1985, c. P-21 (hereinafter referred to as the “Privacy Act”).

0.3 WHEREAS Citizenship and Immigration is a federal institution subject to the Privacy Act.

0.4 WHEREAS under Section 8(1) of the Privacy Act, personal information under the control of an institution shall not be disclosed by the institution without the consent of the individual except in accordance with Section 8 of the Act.

0.5 WHEREAS under Section 8(2)(f) of the Privacy Act, disclosure of personal information under the control of a federal institution is authorized in cases where such disclosure is pursuant to an agreement or arrangement between Canada or an institution thereof and the government of a province or any institution thereof for the purpose of administering or enforcing any law or carrying out a lawful investigation.

0.6 WHEREAS under Section 8(2)(j) of the Privacy Act, disclosure of personal information under the control of a federal institution is authorized in cases where such disclosure is to any person or body for research or statistical purposes if the head of the government institution:

1. is satisfied that the purpose for which the information is disclosed cannot reasonably be accomplished unless the information is provided in a form that would identify the individual to whom it relates; and
2. obtains from the person or body a written undertaking that no subsequent disclosure of the information will be made in a form that could reasonably be expected to identify the individual to whom it relates.

1.0 Purpose

1.1 The purpose of this Annex is to:

1. provide Manitoba with sufficient and timely information from which Manitoba can draw relevant statistics in order to evaluate its current program with a view to informing program and policy development and research with respect to Manitoba’s immigration programs and policies and their maintenance or alteration;
2. establish the terms and conditions under which Canada will provide information from its client databases to Manitoba; and
3. establish the mechanisms for effecting the transfer of Information between the parties.

2.0 Definitions

In this Annex, the following terms shall have the following meanings:

2.1 “FOSS” means Canada’s Field Operations Support System database.

2.2 “Information” shall be interpreted as including Personal Information.

2.3 “LIDS” means Canada’s Landed Immigrant Data System database.

2.4 “Micro Data” refers to the individual, non-identifying client record Information stored in the LIDS and in the FOSS.

2.5 “Personal Information” has the meaning given to that expression in the Privacy Act.

2.6 “Secondary distribution” refers to the distribution of either Micro Data or Statistical Reports beyond the designated Manitoba Focal Point.

2.7 “Statistical Reports” refers to summary data reports compiled by or on behalf of Manitoba from statistical manipulation of the Micro Data. These reports can be of an ad-hoc nature or regularly published reports.

2.8 “Third parties” means any person, corporation, entity, organization or entity other than and except for the following:

1. the Government of Manitoba, and all of its departments, divisions, crown corporations, agencies, boards and commissions and all boards, commissions, associations or other bodies, whether incorporated or unincorporated, all or a majority of the members or directors of which are appointed by the Government of Manitoba or are public officers or servants of the Government of Manitoba; and
2. service providers, researchers, students and academics who are under contract or other arrangement or agreement with Manitoba to provide agreed-upon services.

The parties described in paragraphs (a) and (b) are referred to in this Annex as “Permitted Parties”.

3.0 Information to be Provided

3.1 Canada will provide Manitoba with a standardized data set consisting of Micro Data, made anonymous, from the LIDS and the FOSS or successor systems, containing all of those fields related to immigrant landings for all of Canada described in Appendix 2 and all of the corporate definition tables described in Appendix 2.

3.2 The Micro Data provided under section 3.1 will be in electronic format on a CD-ROM. Any accompanying documentation will be available in both electronic and print (where feasible) form. Canada will provide Manitoba with no less than thirty (30) days prior written notice in the event of any change in the above referenced format of the Micro Data.

3.3 Manitoba may from time to time during the currency of this Annex contact the National Focal Point with inquiries and questions concerning the Micro Data, the Micro Data CD-Rom and how to use the Micro Data and the Micro Data CD-ROM (which may include (without limitation) inquiries for clarity and explanation in respect of the Micro Data definitions, Micro Data interpretations and the manipulation of the Micro Data). The National Focal Point will be available to respond to all such inquiries and questions.

3.4 Canada will update the Micro Data on a quarterly basis so as to provide updated Information for each immediately preceding quarter and also for each previous year of Information supplied by Canada, as appropriate and necessary. The Micro Data will be provided to Manitoba on a quarterly basis. It will be delivered no more than one month after the specified quarter has ended. Canada will notify Manitoba, in writing, immediately in the event of any significant change in the Information provided to Manitoba quarterly and will provide updated Micro Data with the significant change within a reasonable time after Canada learns of, identifies or determines a significant change has occurred.

3.5 Each data release will include data from 1980 up to the specified quarter.

3.6 Canada will exercise reasonable efforts to ensure that the Micro Data is complete and accurate and that the Micro Data CD-Rom will be free of any harmful viruses, programs or data that would disrupt the proper operation of a computer hardware system or the associated software.

3.7 Canada will provide Manitoba with special statistical tabulations not covered under 3.1. These special statistical tabulations will be provided on request or on a regular basis, as mutually agreed upon by the parties.

4.0 Authorized Uses

4.1 The Micro Data available under this Annex may only be used for “not for profit” research purposes and/or to support policy and program development. It may not be used by Manitoba to enforce compliance with provincial immigrant policies and programs.

5.0 Focal Points

5.1 The Director, Information Management Branch (BIM), Citizenship and Immigration Canada, or alternative designated authority, will be the National Focal Point responsible for providing the Micro Data under this Annex.

5.2 The Senior Policy Consultant, Strategic Planning and Program Support, Manitoba Department of Labour and Immigration, or alternative designated authority, will be the Manitoba Focal Point responsible for coordinating provincial requests for Micro Data, receiving and storing Micro Data and distributing Micro Data to Permitted Parties, where appropriate.

5.3 Should the Manitoba Focal Point or other provincial department request that the National Focal Point provide statistical reports based on Micro Data already available to the Manitoba Focal Point under this Annex, the National Focal Point will:

1. if filling the request, notify the appropriate Manitoba Focal Point of requests for Information which originate with any provincial employee or agent on a monthly basis, including the title of the requestor, and the subject and date of the request; and
2. if filling the request, impose cost recovery charges on the requesting department.

5.4 Changes in the designated National or Manitoba Focal Points will be communicated, in writing, immediately to the other party.

6.0 Handling of Information

6.1 Manitoba will exercise reasonable efforts to ensure that all Personal Information contained in the Micro Data supplied by Canada will be transmitted, maintained, destroyed or disposed of in accordance with:

1. the Privacy Act and supporting guidelines on Privacy and Data Protection and the Government of Canada Security Policy and supporting operating directives and guidelines covering the administrative, technical and physical safeguarding of any Personal Information (the said supporting guidelines, policies and directives hereinafter referred to as the “Supporting Guidelines”); provided that Manitoba is provided with prior written notice of the Supporting Guidelines and any changes made from time to time to those Supporting Guidelines, and provided further that compliance with the Supporting Guidelines and any changes thereto will not result in increased costs to Manitoba; or
2. The Freedom of Information and Protection of Privacy Act of the Province of Manitoba and related directives and guidelines governing the administrative, technical and physical safeguarding of the Personal Information; and
   
   whichever shall apply.

6.2 After disposing of Personal Information obtained from Canada under this Annex, Manitoba shall send a letter to Canada acknowledging that it has exercised reasonable efforts to ensure that the disposal of the Personal Information has been affected in accordance with subsection 6.1.

6.3 Manitoba agrees that it is responsible for the actions of its own employees, agents or contractors with respect to the collection, disclosure, use, retention and disposal of Personal Information in its custody or under its control.

7.0 Secondary Distribution

7.1 Manitoba may, at its discretion, release Micro Data to Permitted Parties, as defined in 2.8 of this Annex, subject to the following requirements:

1. If Manitoba wishes to provide Micro Data to Permitted Parties to provide agreed-upon services, Manitoba will require that non-disclosure and confidentiality agreements be signed between Manitoba and those Permitted Parties receiving the Micro Data;
2. Manitoba will exercise reasonable efforts to ensure that the Permitted Party receiving the Micro Data cites the source of the Micro Data as “Citizenship & Immigration Canada” in any reports which they have been contracted to provide to Manitoba;
3. Manitoba will exercise reasonable efforts to ensure that the Permitted Party receiving the Micro Data will not cite “Citizenship & Immigration Canada” as the source of any statistical reports which have not been directly provided by Citizenship & Immigration Canada; and
4. Manitoba will provide the National Focal Point with an official copy of any non-disclosure agreements signed under section 7.1(a).

7.2 Manitoba may, at its discretion, release regularly published Statistical Reports to any party, subject to the following requirements:

1. Manitoba will inform Canada of its intention to release regularly published Statistical Reports, and advise Canada of the medium or media to be used;
2. Canada retains the right to prohibit such release if, in the opinion of the National Focal Point, the information presented inappropriately reports on the activities of Citizenship & Immigration Canada. Canada will have ten (10) business days from the date it is provided with an advance copy of the Statistical Report to advise Manitoba, in writing or by electronic means, that it is prohibiting such release and the reasons for the prohibition; provided that if Canada does not respond within the ten (10) business day period, Canada will be deemed to have agreed to the contents of the Statistical Report and its release by Manitoba. Once the contents of the Statistical Report have been agreed upon (deemed or otherwise) by the parties, there will be no further requirement for Manitoba to notify Canada of future releases, unless the contents of the Statistical Report change;
3. The transmission of the intention to release such a Statistical Report should be made in writing or by electronic means along with a copy of the report to be released. The addressee will be the National Focal Point. An acknowledgement of receipt will be made electronically; and
4. All such releases will cite the source of the Micro Data as “Citizenship & Immigration Canada” and cite Manitoba as the originator of the Statistical Reports.

7.3 Manitoba may, at its discretion, release ad-hoc Statistical Reports to Permitted Parties subject to the following requirements:

1. All such releases will cite the source of the Micro Data as “Citizenship & Immigration Canada” and cite Manitoba as the originator of the Statistical Reports.

7.4 Manitoba will refer Third Party requests to the National Focal Point.

7.5 Manitoba will exercise reasonable efforts to ensure that the secondary distribution of information as outlined in sections 7.1 to 7.3 of this Annex will be made in accordance with the following:

1. the Government of Canada Privacy Act and supporting guidelines on Privacy and Data Protection and the Government of Canada Security Policy and supporting operating directives and guidelines covering the administrative, technical and physical safeguarding of these specified categories of information (the said supporting guidelines, policies and directives hereinafter referred to as the “Supporting Guidelines”); provided that Manitoba is provided with prior written notice of the Supporting Guidelines and of any changes made from time to time to those Supporting Guidelines, and provided further that compliance with the Supporting Guidelines and any changes thereto will not result in increased costs to Manitoba; or
2. The Freedom of Information and Protection Act of the Province of Manitoba and related directives and guidelines governing the administrative, technical and physical safeguarding of these specified categories of information;
   
   whichever shall apply.

8.0 Cost Recovery

8.1 Information provided to Manitoba under section 3.1 will be free of charge.

8.2 Information provided to Manitoba under section 5.3 will be subject to normal cost recovery charges.

8.3 Cost recovery charges are not fixed with respect to this Annex and may change from time to time.

8.4 Invoices will be addressed to the Manitoba department requesting data available under this Annex, as per section 5.3.

9.0 General

9.1 This Annex will take effect when the General Provisions of the Canada-Manitoba Immigration Agreement are signed by both parties.

9.2 Subject to sections 9.3 and 9.4, this Annex will remain in effect indefinitely and survives the expiration of the General Provisions of the Canada-Manitoba Immigration Agreement.

9.3 This Annex may be terminated by either party at any time by providing 30 days’ written notice to the other party.

9.4 This Annex may be amended through written agreement by the authorized authorities for each party.

9.5 The parties undertake to give one another written notice of any change in legislation, regulations or policy relating to their respective programs that is likely to affect this Annex.

9.6 In the event Manitoba breaches any of the terms and conditions of this Annex, Canada will give Manitoba written notice describing the breach. Manitoba will have ten (10) business days to remedy the breach.

9.7 If notified of a breach under section 9.6, Manitoba shall advise Canada in writing of the steps Manitoba has taken to remedy the state of breach within ten (10) business days of being notified of the breach pursuant to section 9.6.

9.8 Canada shall advise Manitoba in writing whether or not the steps taken under section 9.7 are acceptable to Canada. If not acceptable, Canada shall set such further time to remedy the stated breach as it deems appropriate (not less than five working days) or may terminate this Annex immediately.

9.9 Should no written response be provided by Manitoba pursuant to section 9.7, Canada reserves the right to terminate the Annex immediately giving Manitoba written notice of this decision.

9.10 In the event of any dispute or disagreement under this Annex, the National Focal Point and the Manitoba Focal Point shall undertake verbal or written dialogue to attempt to resolve the dispute or disagreement.

9.11 In the event of termination, Manitoba agrees that:

1. Manitoba is not absolved of its previous responsibilities related to secondary distribution of Micro Data in its possession; and
2. Manitoba will undertake to return the Micro Data in its possession to Canada within five (5) business days.

9.12 Canada and Manitoba agree that the Joint Working Group established under section 7.3 of the General Provisions will serve as a forum between Canada and Manitoba for discussing and resolving issues related to information sharing.

APPENDIX 1

Notices

Any notice to be delivered in this Agreement should be delivered to the party concerned or alternative designated authority as follows:

Address for Notice to Canada:
Assistant Deputy Minister
Strategic Directions and Communications
Citizenship and Immigration Canada
365 Laurier Avenue West
Ottawa, Ontario
K1A 1L1

Copy to:
Director
Information Management Branch (BIM)
360 Laurier Avenue West, 5^th Floor
Narono Building
Ottawa, Ontario
K1A 1L1

Address for Notice to Manitoba:
Assistant Deputy Minister
Immigration and Multiculturalism Division
9 - 213 Notre Dame Ave.
Winnipeg, Manitoba
R3B 1N3

Copy to:
Senior Policy Consultant
Strategic Planning and Program Support
9 - 213 Notre Dame Ave
Winnipeg, Manitoba
R3B 1N3

APPENDIX 2

DATA ITEMS AVAILABLE UNDER THIS AGREEMENT

LANDINGS MICRO DATA:

CORPORATE DEFINITION LIST:

CONVERSION/LOOKUP LIST

country_t

country codes and labels

office_t

points of service codes and labels

dest_t

intended destination codes and labels

categ_t

immigrant category codes and labels

occ7_t

occupation codes and labels

ccdo_noc_t

CCDO to NOC conversion file and labels

m_stat_t

marital codes and labels

f_stat_t

family status codes and labels

can_lang_t

language ability codes and labels

nat_lang_t

mother tongue codes and labels

ed_qua_t

level of education codes and labels

spec_p_t

special program codes and labels

fclass_t

immigrant category groupings I

class_t

immigrant category groupings II

lev_a_t

immigrant category groupings III

fsrce_t

source area groupings I

prov_t

province codes and labels

cma_t

census metropolitan and census agglomeration areas

fcma_t

census metropolitan area groupings

clpr_w_t

source area groupings II

feduc_t

Level of Education grouping codes and labels

fage_t

5 year age band groupings

fmstat_t

marital status groupings

f_stat2_t

family status groupings

occ_flag_t

occupation regime groupings

fwrk_t

intention to work groupings I

fwrk1_t

intention to work groupings II

sex_t

gender codes and labels

process_t

processing location groupings

• Previous
• 1
• 2
• 3
• 4 (current)
• Next