ARCHIVED – Canada-New Brunswick Agreement on Provincial Nominees

Electronic Version

Original signed January 2005

BETWEEN:

The Government of Canada, as represented by the Minister of Citizenship and Immigration (herein after referred to as “Canada”)

Of the first Part

and

The Province of New Brunswick, as represented by the Minister of Business New Brunswick (hereinafter called “New Brunswick”)

Of the Second Part

1.0 PREAMBLE

1.1 Section 95 of the Constitution Act, 1867 recognizes the concurrent powers of legislation of the federal and provincial governments in immigration matters;

1.2 Both parties recognize that New Brunswick has particular needs and circumstances, and that New Brunswick is best positioned to determine the specific needs of the province vis-à-vis immigration. Both parties further agree that these needs can be accommodated insofar as they are not incompatible with national immigration policy;

1.3 Both parties recognize the importance of encouraging the development of the francophone and anglophone communities in New Brunswick;

1.4 Section 8 of the Immigration and Refugee Protection Act authorizes the Minister of Citizenship and Immigration, with the approval of the Governor in Council, to enter into an agreement with any province or group of provinces for the purpose of facilitating the formulation, coordination and implementation of immigration policies and programs;

1.5 Section 5(1) of the New Brunswick Economic Development Act authorizes the Minister of Business New Brunswick, with the approval of the Lieutenant Governor in Council, to enter into agreements with the government of Canada; and

1.6 Both parties intend to enter into an agreement pursuant to section 87 of the Immigration and Refugee Protection Regulations governing the appointment of Provincial Nominees;

1.7 This agreement replaces the Canada-New Brunswick Agreement on Provincial Nominees which was entered into on February 22, 1999, and was scheduled to remain in force until February 22, 2004.

2.0 DEFINITIONS

2.1 For the purposes of this Agreement:

1. except where otherwise provided in this agreement, words used in the agreement which are defined in the Immigration and Refugee Protection Act, R.S.C. 2002, as amended or in the Immigration and Refugee Protection Regulations, have the same meaning as in that Act or those Regulations; and
2. a reference to the Immigration and Refugee Protection Act or the Immigration and Refugee Protection Regulations is a reference to the Act or those Regulations as amended from time to time.

3.0 PURPOSE AND OBJECTIVES

3.1 The objective of the agreement is to define the roles and responsibilities of Canada and New Brunswick in relation to the operation of New Brunswick’s Provincial Nominee Program.

3.2 This agreement provides New Brunswick with a mechanism to increase the economic benefits of immigration to New Brunswick, based on economic priorities and labour market conditions including regional development, by permitting New Brunswick to nominate Provincial Nominees. New Brunswick will also take into account the importance of encouraging the development of the francophone and anglophone communities in New Brunswick.

3.3 This agreement permits the processing and admission to Canada of candidates nominated by New Brunswick for permanent residence as expeditiously as possible, taking into account statutory requirements, operational and resource constraints, Canada’s immigration projections and New Brunswick’s provincial nominee activity plan, and service standards as developed.

4.0 PROMOTION AND RECRUITMENT

4.1 New Brunswick and Canada agree to cooperate in the promotion and recruitment of Provincial Nominees.

4.2 New Brunswick will undertake targeted active recruitment initiatives designed to implement its Nomination Plan including:

1. participation at trade fairs and other targeted missions;
2. development of promotional materials describing the nature and quality of life in New Brunswick;
3. provision of information on a New Brunswick-maintained website to prospective immigrants who intend to reside and work in New Brunswick;
4. preparation of information for staff working in Canadian missions abroad;
5. consultation with representatives of minority official language communities in New Brunswick;
6. consultation with regional and community representatives; and
7. targeted promotion to temporary residents present in New Brunswick (international students, temporary workers and visitors).

4.3 Canada agrees to make all practical efforts to assist New Brunswick to identify prospective immigrants to fulfill New Brunswick’s targets in its immigration strategy (subject to Mission-specific limitations) including:

1. directing potential applicants in permanent and temporary streams through Canada’s immigration-related websites to visit the New Brunswick website;
2. distributing promotional materials provided by New Brunswick when displaying promotional materials at selected missions abroad;
3. participating in provincially initiated missions to attract immigrants within the limits of mission resources;
4. inviting New Brunswick to participate in appropriate training or information sharing exercises with program managers and other mission staff to communicate the province’s specific needs and opportunities;
5. inviting New Brunswick to participate in national initiatives which provide opportunities to identify and recruit immigrants; and
6. sharing of advance overseas labour market and demographic information and expertise.

4.4 Canada recognizes that New Brunswick may undertake its own promotion and recruitment activities consistent with the intent of this Agreement.

4.5 New Brunswick may enter into partnership with other parties for the purposes of promotion and recruitment and in so doing will:

1. require third parties to respect the terms and conditions of this Agreement; and
2. advise Canada of such partnerships.

5.0 ASSESSMENT AND NOMINATION

5.1 New Brunswick has the sole and non-transferable responsibility to assess and nominate candidates who, in New Brunswick’s determination:

1. will be of benefit to the economic development of New Brunswick; and
2. have a strong likelihood of becoming economically established in New Brunswick.

5.2 Provincial Nominee applicants may be nominated on the basis of economic benefit to New Brunswick, including long-term regional growth and community development.

5.3 In exercising its nomination authority under this Agreement, New Brunswick will follow the procedures and criteria for nomination established by New Brunswick, as amended from time to time. New Brunswick will share its criteria with Canada and keep written records of its assessments of its nominees against those criteria.

5.4 New Brunswick will develop an annual provincial nominee plan based on principles established by New Brunswick and shared with Canada.

5.5 New Brunswick’s annual provincial nominee plan will be submitted to Canada in a timely manner to allow for levels planning for the following year. Canada undertakes to incorporate New Brunswick’s Provincial Nominee objectives into the operational targets set for visa offices. The targets, which will be agreed to by both parties, may be exceeded at any time during the year, upon agreement by both parties.

5.6 New Brunswick will issue a dated nomination certificate, valid in accordance with New Brunswick’s administrative requirements for each provincial nominee. For security reasons, New Brunswick will forward a copy of the certificate to the mission where the candidate will apply for admission. A nomination certificate received directly from the candidate or other parties will not be accepted as evidence pursuant to section 5.8 and 5.9.

5.7 Canada agrees to process applicants nominated for Permanent Resident status by New Brunswick as expeditiously as possible with a view to achieving targets that have been integrated into Canada’s annual delivery plan.

5.8 Upon receipt of the Certificate of Nomination from New Brunswick, Canada will:

1. exercise the final selection;
2. determine the admissibility of the nominee and his or her dependants with respect to legislative requirements including health, criminality and security; and
3. issue immigrant visas to provincial nominees and accompanying dependants who meet all the admissibility requirements of the Immigration and Refugee Protection Act and Regulations and of this Annex.

5.9 Canada will consider a nomination certificate issued by New Brunswick as a determination that admission is of benefit to the economic development of New Brunswick and that New Brunswick has conducted due diligence to ensure that the applicant has the ability and is likely to become economically established in New Brunswick.

5.10 Processing of applications and issuance of visas may continue beyond the calendar year in which the nomination certificate was issued.

5.11 Should Canada determine that an individual nominated by New Brunswick is likely to be refused an immigrant visa, New Brunswick will be notified immediately and consulted regarding the reasons for possible refusal.

5.12 New Brunswick may raise concerns or seek clarification from the assessing officer at the relevant mission with respect to a potential refusal, within 90 days from the date of being advised by Canada. Further representation, if necessary, may be made to the program manager at the mission within the 90-day period.

5.13 Where Canada determines that it will refuse without New Brunswick concurrence, Canada will advise New Brunswick before final decision.

5.14 Where an individual nominated by New Brunswick has received a job offer from a New Brunswick-based employer, the responsible Canadian Visa Officer may issue a temporary work permit pursuant to the IRPR, if the work permit application includes a letter from New Brunswick that:

1. states that the nominated individual is urgently required by the employer; and
2. determines that:
   1. the job offer is genuine and would create economic, social or cultural 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, and
3. requests the Visa Officer to issue a temporary work permit.

5.15 New Brunswick will not issue a nomination certificate to anyone whose employment will affect the settlement of any labour dispute or affect the employment of a person involved in such a dispute, or where their employment will adversely affect employment or training opportunities for Canadian citizens or permanent residents in New Brunswick.

6.0 TEMPORARY ADMISSION TO FACILITATE PROMOTION AND RECRUITMENT

6.1 Canada and New Brunswick may develop partnerships or projects that may include information sharing, facilitating exploratory visits, promotion and recruitment and support for regionalization.

6.2 Canada recognizes the legitimate requirement for exploratory visits by potential immigrants to New Brunswick when issuing temporary resident visas, taking into account that all of Canada’s statutory obligations must be met.

7.0 PROGRAM EVALUATION AND INFORMATION EXCHANGE

7.1 Canada and New Brunswick recognize the importance of evaluating the Provincial Nominee Program in order to determine its impacts and outcomes in New Brunswick. Accordingly, immediately following the date of the signing of this Agreement, Canada and New Brunswick will negotiate an evaluation activity plan that will ensure that sufficient data and analysis are completed and available at appropriate intervals so that it might form the basis of discussions regarding the modification of this Agreement.

7.2 Subject to applicable legislation and polices governing the disclosure of personal information, Canada and New Brunswick agree to share information on prospective and actual immigrants so as to maximize the effect of recruitment and retention efforts. This will include tracking of provincial nominees to New Brunswick for a minimum of three years from their date of entry, as a basis for assessing the effectiveness of targeted recruitment and integration and retention activities.

7.3 Canada and New Brunswick will ensure that any exchange of information shall be conducted in accordance with applicable federal and provincial legislation and in accordance with their policies relating to protection of privacy, access to information and security of records.

7.4 In order to facilitate the exchange of information between Canada and New Brunswick, New Brunswick will obtain from each nominee and his or her dependents a signed release allowing Canada to share with New Brunswick information regarding the nominee’s application, including the processing thereof.

7.5 Canada will provide New Brunswick with information on a quarterly basis, on average processing times of provincial nominees destined to New Brunswick.

7.6 Canada will provide New Brunswick with names and dates of landings of New Brunswick-nominated provincial nominees at least quarterly.

8.0 OTHER

8.1 The official representatives for the purpose of communication and notification pursuant to this Agreement are:

1. for Canada, the Director, Economic Policy and Programs, Selection Branch; and
2. for New Brunswick, Manager, Immigration, Investment and Immigration.

8.2 Canada and New Brunswick agree to meet bilaterally as necessary for the purpose of:

1. ensuring that necessary communication for the furtherance of activities under this Agreement takes place, including the exchange of information regarding likely processing times for provincial nominees, and ways that Canada and New Brunswick can cooperate to optimize these processing times; and
2. providing a forum for the consideration and resolution of disputes between the parties with respect to the selection decisions of Canada regarding the admission, or denial of admission, of specific provincial nominee candidates.

8.3 Practices under this Agreement are subject to audit by the respective audit and evaluation agencies of Canada and New Brunswick. The parties agree to provide full cooperation and information if, when and where such audits take place.

8.4 Subject to clause 8.6, this Agreement will remain in effect indefinitely.

8.5 In keeping with the purpose and scope of this Agreement, Canada will be open and transparent concerning its intention to enter into agreements with other provinces respecting provincial nominee programs. Canada will provide, at New Brunswick’s request, other federal provincial agreements made under section 8 of the Immigration and Refugee Protection Act, and will negotiate amendments to this Agreement, based on other Provincial Nominee Agreements and taking into consideration the different needs and circumstances of the provinces.

8.6 This Agreement may be amended by written agreement by the parties as identified in clause 8.1 at any time. This agreement may be terminated by either party at any time by providing twelve months’ notice in writing to the other. Both parties will take reasonable steps to reduce any costs attributable to a termination of the agreement, and to minimize any negative impacts on clients.

8.7 New Brunswick will advise Canada on any proposed arrangement to be entered into with another party to carry out New Brunswick’s responsibility under this Agreement.

8.8 This agreement will come into force on the date signed by the last of the parties to do so.

IN WITNESS WHEREOF this Agreement has been signed by the parties on the dates written below.

FOR THE GOVERNMENT OF CANADA:

The Honourable Judy Sgro
Minister, Citizenship and Immigration Canada

Date

Witness

FOR THE GOVERNMENT OF NEW BRUNSWICK:

The Honourable Peter Mesheau
Minister of Business New Brunswick

Date

Witness