Canada-Ontario Immigration Agreement – General Provisions 2017
Original signed November 24, 2017
1.1 This Canada–Ontario Immigration Agreement (hereinafter referred to as the "Agreement") is BETWEEN Her Majesty The Queen in right of Canada, as represented by the Minister of Citizenship and Immigration (hereinafter referred to as “Canada”) and Her Majesty The Queen in right of the province of Ontario, as represented by the Minister of Citizenship and Immigration (hereinafter referred to as “Ontario”).
1.2 WHEREAS section 95 of the Constitution Act, 1867 (30 & 31 Victoria, c. 3 (U.K.)) recognizes the concurrent powers of legislation of the federal and provincial governments in immigration matters.
1.3 AND WHEREAS the Parliament of Canada has enacted the Immigration and Refugee Protection Act, S.C. 2001, c. 27, (hereinafter referred to as the “IRPA”).
1.4 AND WHEREAS the Parliament of Canada has enacted the Citizenship Act, R.S. 1985, C.-29.
1.5 AND WHEREAS the Canadian Charter of Rights and Freedoms, enacted as Schedule B to the Canada Act 1982, (U.K.) 1982, c.11, establishes:
- certain mobility rights to citizens and every person who has the status of a Permanent Resident of Canada and guarantees equal protection and equal benefit of the law to everyone without discrimination; and
- the equality of status of English and French as the official languages of Canada, and equal rights and privileges as to their use in all institutions of the Parliament and Government of Canada.
1.6 AND WHEREAS the Parliament of Canada has enacted the Canadian Multiculturalism Act, R.S.C., 1985, c. 24 (4th Supp).
1.7 AND WHEREAS subsection 8(1) of the IRPA and subsection 5(1) of the Department of Citizenship and Immigration Act, S.C. 1994, c.31, (hereinafter referred to as the “DCIA”) authorize the Minister of Citizenship and Immigration, with the approval of the Governor in Council, to enter into agreements with provinces for the purposes of the IRPA, and for the purposes of facilitating the formulation, coordination and implementation - including the collection, use and disclosure of information - of policies and programs for which the Minister is responsible.
1.8 AND WHEREAS Ontario’s Minister of Citizenship and Immigration has the authority to enter into this Agreement with Canada pursuant to section 3 of the Ministry of Citizenship and Culture Act, R.S.O. 1990, c. M.18 and by Order in Council # 1338/2016 made under section 2 of the Executive Council Act, R.S.O. 1990. c. E.25.
1.9 AND WHEREAS the Ontario Immigration Act recognizes the long history of immigration to Ontario and the important nation-building role it has played, and continues to play, in forming Ontario’s economic, social, and cultural values.
1.10 AND WHEREAS Ontario’s Anti-Racism Act recognizes that eliminating systemic racism and advancing racial equity supports the economic, social, and cultural development of society as a whole, and everyone benefits when individuals and communities are no longer marginalized.
1.11 AND WHEREAS Ontario recognizes the objectives of the IRPA to, among other things:
- support the development of a strong and prosperous Canadian economy in which the benefits of immigration are shared across all regions of Canada;
- promote the successful integration of Permanent Residents into Canada, while recognizing that integration involves mutual obligations for new Immigrants and Canadian society;
- enrich and strengthen the cultural and social fabric of Canadian society, while respecting the federal, bilingual and multicultural character of Canada; and
- support and assist the development of Minority Official Languages Communities in Canada.
1.12 AND WHEREAS Canada and Ontario welcome Immigrants, recognize their contribution to the economic, social, cultural, and humanitarian objectives of the country and the province, and acknowledge the long-term benefits of immigration.
1.13 AND WHEREAS Canada and Ontario share a mutual interest in:
- maximizing the contribution of immigration to the achievement of the economic, social, and cultural goals of both Canada and Ontario;
- minimizing costs, increasing program effectiveness and reducing unnecessary overlap and duplication;
- ensuring residents of Ontario are aware of the benefits of immigration;
- working together to build a culturally diverse, integrated, inclusive, socially cohesive society and to encourage immigration throughout the province of Ontario including small, rural and northern communities;
- planning and coordinating their immigration activities, based on cooperation, consultation and information sharing;
- immigrants having the earliest opportunity to fully utilize their skills within the labour market;
- attracting international students to Canada and recognizing them as prospective Immigrants;
- aligning programs and policies whereby Immigrants and temporary foreign workers contribute to the development of the provincial labour force, recognizing that Ontario is best positioned to determine the economic and labour market needs of the province;
- working with all partners, including the not-for-profit sector, to enable immigrants to settle and integrate in Ontario; and
- supporting and assisting the development of Minority Official Languages Communities in Canada and achieving our respective targets for francophone immigration.
Therefore, Canada and Ontario agree to the following:
2.1 Definitions from the IRPA and the IRPR
For the purposes of this Agreement:
- words used in this Agreement which are defined in the IRPA or in the Immigration and Refugee Protection Regulations (hereinafter referred to as the "IRPR"), have the same meaning as in the IRPA or the IRPR;
- a reference to the IRPA or the IRPR is a reference to the Act or those Regulations, as amended from time to time; and
- where a definition given in this Agreement is inconsistent with a definition given in the IRPA or the IRPR, the definition in the IRPA or the IRPR will prevail.
2.2 Definitions in this Agreement
For the purposes of this Agreement:
- “Agreement” means these General Provisions and all Annexes attached hereto as may be amended from time to time;
- “Convention Refugee” is a person defined under section 96 of the IRPA;
- “Designated Representatives” are the primary contacts for both Canada and Ontario who are responsible for the interpretation, inquiries, and requests for amendments to this Agreement;
- “Dispute” means a conflict or disagreement between the Parties respecting:
- the interpretation, application, or implementation of this Agreement; or the IRPA or IRPR; or
- a breach or anticipated breach of this Agreement;
- “Focal Points” means the primary contacts for the Parties responsible for monitoring the implementation of the Annexes under this Agreement; this includes the interpretation, inquiries, and requests for amendments of the Annexes, addressing any issues that arise, and compliance with the provisions of the Annexes;
- “French-Speaking Immigrant” means an immigrant for whom French is the first Canadian official language of usage;
- “Immigrant” means a Permanent Resident, including Convention Refugees abroad and humanitarian-protected persons abroad resettled to Canada, and protected persons in Canada;
- “Local Government” means the council of a municipality or the board of a regional district;
- “Minority Official Languages Communities” means French-speaking communities in Ontario;
- “Party” means Canada or Ontario and “Parties” means Canada and Ontario;
- “Persons in Urgent Need of Protection” means, in respect of members of the Convention Refugee abroad or the country of asylum class, that their life, liberty or physical safety is under immediate threat and, if not protected, the persons are likely to be: killed, subjected to violence, torture, sexual assault or arbitrary imprisonment; or returned to their country of nationality; or their former habitual residence;
- “Processing Pause” means that Provincial Nominee certificates and/or applications related to those certificates under Dispute will no longer be accepted by the Department of Citizenship and Immigration and returned; and that processing will cease on those Provincial Nominee applications under Dispute until the Dispute is resolved;
- “Provincial Nominee” means a person who is a member of the Provincial Nominee class;
- “Provincial Nominee Program” means a program for provincial nominations as per agreements entered into pursuant to subsection 8(1) of the IRPA and subsection 5(1) of the DCIA;
- “Refugee” means a protected person under the IRPA;
- “Resettlement Assistance” means services to support the immediate and essential needs of Specified Humanitarian Persons Resettled from Abroad;
- “Special Needs Persons” means persons who have a greater need for settlement and integration services than other Refugees owing to personal circumstances, including: family size and composition; trauma resulting from violence or torture; medical conditions; and/or the effects of systemic discrimination;
- “Specified Humanitarian Persons Resettled from Abroad” means persons selected by Canada abroad and identified as requiring government assistance, persons who are admitted to Canada through blended initiatives such as the Joint Assistance Program, or other initiatives where Canada and private sector or non-governmental sponsoring groups share in the provision of income support and immediate essential services;
- “Temporary Resident,” means a temporary foreign worker, an international student, a visitor or a temporary resident permit holder; and
- “Vulnerable Persons” means, in respect of Convention Refugees or persons in similar circumstances, that the persons have a greater need of protection than other applicants for protection abroad because of their particular circumstances that give rise to a heightened risk to their physical safety.
3.0 Purpose and Objectives
3.1.1 This Agreement is to further strengthen the long-term partnership between the Parties with respect to immigration. For the purpose of this Agreement, it defines the respective roles and responsibilities of the Parties relating to Immigrants and Temporary Residents under the IRPA.
3.2.1 The objectives of this Agreement are, while respecting the jurisdiction of each Party, to:
- foster collaboration between the Parties with respect to policy, including selection policy, planning, and program development related to attracting and welcoming Immigrants and Temporary residents to Ontario;
- maintain and enhance a positive relationship between Canada and Ontario related to the appropriate level and composition of Immigrants to the Province, including collaborating on increasing economic immigration, acknowledging their respective roles for the promotion, recruitment, selection and admission of Immigrants and Temporary Residents, and the settlement and integration of Immigrants to Ontario;
- respond to Ontario’s current and emerging economic development, social, and labour market priorities through bilateral discussions on immigration policies and programs, including economic immigration policies; recognizing the role of immigration in supporting the economic development of communities in Ontario, including francophone communities, and encourage immigration throughout the province of Ontario, including small, rural and northern communities;
- support the successful economic and social integration and settlement of Immigrants and Refugees in Ontario through programs supported by appropriate, fair, equitable, predictable and ongoing provincial and federal funding;
- support Canada’s humanitarian objectives through collaboration on issues impacting Specified Humanitarian Groups Resettled from Abroad in Ontario;
- facilitate collaboration in the development and implementation of strategies to address barriers to foreign qualification recognition and integration of Immigrants into the labour market;
- ensure the effectiveness and integrity of the programs of Canada and Ontario through enhanced cooperation in information sharing and through the respective monitoring and reporting processes of the Parties;
- develop common outcome measurement frameworks and, where possible, undertake joint research projects;
- foster effective cooperation in the promotion, attraction, and retention of French-Speaking Immigrants to continue to encourage the growth of francophone communities in Ontario; and
- facilitate good governance in relation to this Agreement through the establishment of effective mechanisms for bilateral collaboration as outlined in section 12.1.
3.3.1 Together with the General Provisions, the following Annexes form part of this Agreement:
- Annex A: Provincial Nominees; and
- Annex B: Foreign Workers
3.3.2 The Parties agree to negotiate in good faith and in a timely fashion, additional annexes to this Agreement that reflect the broad objectives of this Agreement, including:
- French-Speaking Immigrants;
- Municipal Partnership; and
- International Students
4.0 Immigration Planning and Programs
4.1 Canada will establish national immigration policies and develop an annual immigration levels plan in consultation with Ontario and other provinces and territories, taking into consideration any joint federal-provincial-territorial approaches to immigration levels planning, and Ontario’s immigration planning, including its economic, social, cultural, and demographic objectives, including improving economic immigration.
4.2 As outlined in Annex A, Ontario may provide Canada with an annual Provincial Nominee Program plan in advance of consultations, to be considered in developing Canada’s projections for Canada’s immigration levels planning; and consult with Canada in establishing Ontario’s Provincial Nominee Program plan, taking into account Canada’s role in national immigration policy and planning.
4.3 In developing its annual delivery plan for Canada’s immigration levels plan, Canada will consult and take into consideration:
- Ontario’s specific targets for Provincial Nominees and Canada’s annual targets for government assisted Refugees as they relate to Ontario; and
- Ontario’s objectives for all other classes of Permanent and Temporary Residents, where applicable, including improving economic immigration.
4.4 Each year, following federal Cabinet approval of the Annual Report to Parliament on Immigration, Canada will confirm Ontario’s nomination allocation for the following calendar year.
4.5 Canada will make all reasonable efforts to proactively manage the delivery of the immigration program to achieve the targets of Ontario’s Provincial Nominee Program levels plan, if that levels plan is provided to Canada by Ontario, bearing in mind federal priorities.
4.6 Canada will cooperate with Ontario to provide opportunities to provincial staff for training, taking into account cost and resource constraints of either Party and, if required, negotiating cost-shared approaches.
4.7 Ontario will plan to receive a share of Refugees to be resettled in the province, recognizing the need for flexibility in responding to emerging humanitarian needs. Through collaboration with Canada, Ontario agrees to receive a proportion of Refugees who are:
- Special Needs Persons;
- Vulnerable Persons; or
- Persons in Urgent Need of Protection.
4.8 In assigning a share of Refugees to Ontario, Canada agrees to:
- take into account the potential financial and program impact on Ontario, taking into account the large proportion of Refugees resettled in Ontario and the longer-term settlement needs of Persons in Urgent Need of Protection, and Vulnerable and Special Needs Persons to be settled in Ontario;
- provide notice of arrival as early as possible, ensure arrivals are spread throughout the year where practical, and work with Ontario to coordinate communications with the community and stakeholders; and
- consider additional supports that may be needed, subject to federal cabinet approval if required.
5.0 French-Speaking Immigration
5.1 The Parties will take into account the settlement and integration needs of French-Speaking Immigrants in establishing priorities and developing services relevant to this Agreement. More specifically, the Parties will collaborate to enhance the vitality of Minority Official Languages Communities through:
- promotion and recruitment strategies that are intended to increase the number of French-Speaking Immigrants; and
- strengthening settlement and integration supports for French-Speaking Immigrants, thereby improving the capacity of Minority Official Language Communities to receive French-Speaking Immigrants and facilitating the economic, social and cultural integration of French-Speaking Immigrants into Canadian society.
5.2 The Parties agree to consult with francophone communities in Ontario with respect to immigration matters in areas that include, but are not limited to, recruitment activities and the planning and delivery of settlement and integration services.
6.0 Consultations and Local Government
6.1.1 The Parties agree that consultation is necessary to help both Parties address their needs and objectives related to immigration.
6.1.2 The Parties will consult each other during the development of policies, legislation, programs or initiatives which could have a significant impact, fiscal or otherwise, on the operation of this Agreement, on Ontario’s immigration related plans and priorities, or on Canada’s immigration system. This includes, but is not limited to: Canada’s immigration policy and immigration projections; and identified issues in shared immigration planning, information sharing and bilateral international arrangements. Where applicable, the Department of Citizenship and Immigration will determine whether changes proposed by Ontario conform to the provisions within the IRPA and the IRPR.
6.1.3 Ontario will participate in multilateral consultation processes associated with developing or promoting national immigration initiatives.
6.1.4 The Parties will consult on the development and implementation of national measures to regulate immigration representatives. Canada recognizes Ontario’s right to develop and implement its own measures consistent with provincial jurisdiction and federal legislation.
6.2 Local Government
6.2.1 The Parties agree that Local Governments play an important role in attracting and retaining newcomers, in supporting the successful settlement and integration of Immigrants in Ontario and in ensuring that communities are welcoming and inclusive.
6.2.2 The Parties agree to cooperate in working with Local Governments in Ontario to explore issues related to their respective interests in immigration, to pursue opportunities related to communities’ interests in immigration, and encourage immigration throughout the province of Ontario, including small, rural and northern communities.
7.0 Promotion and Recruitment
7.1 The Parties will share roles and responsibilities in the planning and implementation of immigration promotion and Immigrant recruitment activities abroad, recognizing Canada’s responsibility for coordinating such activities on a national level and Ontario’s interest in immigration to meet its economic, social, cultural, and demographic objectives, including improving economic immigration.
7.1.1 The Parties agree, subject to resource constraints, to co-operate in the promotion, and recruitment of Immigrants and Temporary Residents, including Provincial Nominees and temporary foreign workers, by working together in the following areas:
- Ontario may provide Canada with Ontario’s annual Provincial Nominee levels plan and objectives and Canada will ensure that Department of Citizenship and Immigration offices abroad are informed about Ontario’s plan and objectives; and
- Ontario will endeavour to provide Canada with information regarding the province’s demographic, educational, labour market and other needs, and Canada will endeavour to provide information to Ontario about optimum recruitment opportunities through Department of Citizenship and Immigration offices abroad in order to meet Ontario’s immigration needs.
7.1.2 In furtherance of the objectives of this Agreement, Ontario may undertake recruitment initiatives including:
- development of promotional materials describing the nature and quality of life in Ontario;
- provision of information on an Ontario-maintained website to prospective immigrants who intend to reside and work in Ontario;
- preparation of information for staff working in Department of Citizenship and Immigration offices abroad to assist in identifying promotion and recruitment opportunities;
- consultation with representatives of francophone communities in Ontario;
- consultation with regional and community representatives; and
- targeted promotion to Temporary Residents present in Ontario.
7.1.3 Canada agrees to make reasonable efforts, where possible, to assist Ontario to identify prospective Immigrants and Temporary Residents to fulfill Ontario’s targets in its labour market strategy and levels plan as agreed upon by both Parties, subject to operational and resource constraints, to assist with improving economic immigration to Ontario. This includes:
- providing information to potential applicants in permanent and temporary streams through Canada’s immigration-related websites, in order to direct them to visit the Ontario-maintained website;
- displaying Government of Ontario promotional material provided by Ontario, where practical, at selected Department of Citizenship and Immigration offices abroad;
- supporting provincially initiated missions to attract Immigrants within the limits of mission resources;
- inviting Ontario to participate in promotional activities with Department of Citizenship and Immigration staff abroad to communicate the province’s specific needs and opportunities; and
- assisting Ontario in identifying overseas labour market and demographic information as available, to assist in niche market recruitment.
7.1.4 Ontario may enter into agreements with third parties for the purposes of promotion and recruitment and in so doing will:
- require third parties to respect the terms and conditions of this Agreement; and
- advise Canada of such agreements.
7.1.5 Subject to section 7.1.4 this Agreement does not preclude either Party from undertaking promotion and recruitment activities independently.
7.1.6 Ontario will consult with the Department of Citizenship and Immigration before entering into any agreement or arrangement with a third party where that agreement or arrangement may result in policy changes that would have a material effect on this Agreement.
8.0 Selection and Inadmissibility
8.1 Ontario recognizes that, in accordance with the IRPA and the IRPR, Canada has responsibility for:
- determining federal objectives relating to immigration;
- establishing selection criteria and selecting foreign nationals, taking into account the role of Ontario in nominating Provincial Nominees;
- determining Refugee status;
- prescribing classes of Permanent Residents and Temporary Residents;
- defining and determining which persons are inadmissible to Canada; and
- imposing conditions in respect to requiring individuals to report for a medical examination, surveillance or treatment. Ontario will be responsible for providing evidence of compliance with the conditions imposed by Canada, as set out in the separate Memorandum of Understanding between Canada and the Ontario Ministry of Health and Long-Term Care.
8.2 Ontario’s authority to nominate Provincial Nominees is established under Annex A of this Agreement.
8.3 Ontario will be consulted and have the opportunity to provide input on selection policies, taking into account the specific goals of and unique conditions in the province, including improving economic immigration, as well as taking into account the need to maintain national standards, and resource constraints of Canada.
8.4 Ontario will be responsible for the assessment and nomination of Provincial Nominees. Canada will respect the nomination decision of Ontario insofar as nominations are consistent with: the IRPA, the IRPR or any successor legislation and regulations, national immigration policy, the terms of this Agreement and the eligibility criteria set out by Ontario.
8.5 Canada has the sole authority to decide if persons who are determined to be inadmissible on health grounds should be permitted to come to or remain in Canada and may issue a Temporary Resident Permit where an officer determines it is justified.
9.0 Settlement, Integration and Refugee Resettlement
9.1 The Parties are committed to facilitating the full participation of Immigrants and Refugees in the economic, social, cultural, and civic spheres of Canadian society.
9.2 Canada will work with Ontario to support better recognition of the foreign qualifications, skills and work experience of Permanent Residents and their more rapid integration into the labour market.
9.3 The Parties will coordinate their efforts to support the successful settlement and integration of Refugees, particularly with regard to reception, health, education and social services.
9.4 Canada will collaborate and consult with Ontario regarding the allocation and integration of Refugees to the Province, particularly government-assisted refugees, taking into consideration all Ontario communities with the capacity to settle an increased number of Refugees.
10.1 The Parties recognize the importance of an inclusive, diverse and cohesive society which may be advanced through multiculturalism.
11.1 The Parties will work together to promote full participation of Immigrants in Ontario communities and Canadian society, respecting Canada’s jurisdiction over citizenship matters and Canada’s responsibility for determining statutory requirements related to obtaining Canadian citizenship under the Citizenship Act.
12.1.1 The AMC, with two Co-Chairs, the Assistant Deputy Minister, Citizenship and Immigration Division, Ontario Ministry of Citizenship and Immigration, and the Assistant Deputy Minister, Strategic and Program Policy, Department of Citizenship and Immigration, or their designates where mutually agreed upon, will be established to oversee implementation of this Agreement. Other members of the AMC shall include Local, Regional and National Headquarters Department of Citizenship and Immigration officials; and, as appropriate, representatives of other federal departments and provincial ministries responsible for programs and services related to immigration.
12.1.2 The Agreement Management Committee (AMC) will oversee the implementation of this Agreement, including discussion and exchange of information, Dispute management and resolution, managing collaborative programs, and making decisions or recommendations, as appropriate, on matters pertaining to this Agreement. The AMC is the forum for raising new immigration issues not addressed in this Agreement.
12.1.3 The AMC will meet face-to-face or by teleconference at least once annually. The purpose of these meetings will be to engage in broad discussions relating to the overall management of this Agreement and innovative approaches to addressing immigration matters.
12.1.4 The AMC may establish bilateral ad hoc groups or sub-committees, with third party participation if appropriate, for the purpose of implementing this Agreement.
12.2 Multilateral Forums
12.2.1 Nothing in this Agreement is intended to preclude the Parties from fully participating in multilateral forums. Decisions made in the multilateral forums will not supersede the terms agreed upon in this Agreement.
12.3 Dispute Management and Resolution Process
12.3.1 The Parties are committed to working together to implement this Agreement. Both Parties are committed to respect and support the objectives and principles of the IRPA and share the following objectives:
- to prevent Disputes;
- to work together to minimize Disputes;
- to identify Disputes quickly and to resolve them expeditiously, at the director level, where possible, before involving more senior officials;
- to resolve Disputes in a fair, open and transparent manner; and
- to resolve Disputes in a non-adversarial, collaborative and informal manner whenever possible.
12.3.2 In the case of a Dispute or disagreement under this Agreement, the Designated Representatives will attempt to resolve the matter through information sharing, communications and informal discussions. In the event that the Designated Representatives are unable to resolve the Dispute expeditiously, it will be referred to the AMC Co-Chairs, accompanied by relevant facts and steps taken to reach resolution. Such procedures will provide equal opportunities for representation by each Party, establish clear time limits, and ensure clarity for the implementation of final decisions. Further, in the event resolution is not reached within thirty (30) days of being raised with the AMC Co-Chairs, the Parties will jointly determine next steps.
12.3.3 Either Party may refer the matter to the Deputy Ministers by providing him/her with a written notice.
12.3.4 Both Parties will exchange relevant information regarding the Dispute and engage in bilateral discussions in an attempt to clarify and resolve the Dispute. Deputy Ministers will:
- provide equal opportunities for representation by each Party;
- attempt to resolve Disputes within thirty (30) days; and
- ensure clarity for the implementation of final decisions.
12.3.5 Should the Dispute be resolved, Deputy Ministers will oversee drafting of a short report identifying the issues that have been resolved, specific actions and timelines required to implement the resolution.
12.3.6 If Deputy Ministers are unable to resolve the Dispute within thirty (30) days from the date of its referral to them, they will determine the appropriate course of action for its resolution, including elevating the Dispute to Ministers.
12.3.7 Ministers will provide advice and direction to their officials on an appropriate course of action to resolve the Dispute.
12.3.8 This Dispute management process shall not in any way limit the final authority of the Minister of Citizenship and Immigration respecting decisions to interpret and administer the IRPA or the IRPR.
12.4 Information Sharing
12.4.1 The Parties share a mutual interest in:
- sharing information in order to meet the needs of Immigrants, including prospective Immigrants, Refugees and Temporary Residents;
- ensuring policies and programs are informed by research, and statistical reports; and
- supporting policies, strategies and programs through information sharing.
12.4.2 Information sharing under this Agreement is governed by the separate Memorandum of Understanding Concerning Information Sharing Between Canada and Ontario, signed in September 2016, as most recently amended.
12.4.3 Information sharing under this Agreement involving other departments and ministries will be governed by separate information sharing arrangements.
12.4.4 The Parties agree to promote immigration research, to consult annually on research priorities and planned research activities, and to co-operate on common research initiatives as appropriate.
12.5 Program Integrity
12.5.1 The Parties are responsible for ensuring the integrity of their respective programs, including but not limited to activities such as:
- sharing information and intelligence related to program developments overseas and within Canada, including immigration trends and analysis;
- conducting and disseminating research, and identifying knowledge gaps related to immigration priorities;
- establishing mutual reporting arrangements;
- working collaboratively with other agencies, as required, to address issues relating to inadmissibility, including anti-fraud activities;
- investigating potential program abuse to ensure ongoing rigour and confidence in the immigration program; and
- conducting program evaluations.
12.5.2 The Parties recognize the importance of evaluating the programs, policies and initiatives that are implemented under this Agreement in order to design, or improve the design, of policies, programs and initiatives, and to assess policy or program relevance and effectiveness, impacts both intended and unintended, and alternative ways of achieving expected results.
12.5.3 Annex A establishes the evaluation and audit requirements specific to the program discussed in the Annex and the corresponding accountabilities of the Parties.
12.5.4 In addition to the requirements specified in each Annex, the Parties agree to:
- exchange, on an annual basis, evaluation plans that outline the planned evaluations for activities under this Agreement;
- exchange, when developed or updated, evaluation frameworks/performance measurement strategies for activities under this Agreement;
- exchange, upon their completion, the reports of all evaluations that pertain to activities under this Agreement; and
- participate in national evaluations upon the agreement of both Parties.
12.6.1 The Parties agree that Canadians have a right to transparency and public accountability, which is facilitated through the provision of full information about the benefits of this Agreement.
12.6.2 Any announcement related to activities jointly undertaken by the Parties will ensure that communications material reflects the graphic guidelines of both orders of government (including the word mark for the Government of Canada) and be available in both of Canada’s official languages. Canada will assume responsibility for translation of joint communications products.
12.7 Term and Amendments
12.7.1 The French and English language versions of this Agreement are equally authoritative.
12.7.2 The Parties agree to review the effectiveness of this Agreement no later than twelve (12) months prior to expiry.
12.7.3 Upon mutual consent of both Parties in writing, the term of this Agreement 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, or Lieutenant Governor in Council at the Ontario level.
12.7.4 This Agreement may be amended by the mutual written consent of the Parties, subject to any required approval or authorization, including the approval of the Governor-in-Council at the Canada level, or Lieutenant Governor in Council at the Ontario level.
12.7.5 Either Party may terminate this Agreement at any time by providing at least twelve (12) months’ notice in writing to the other Party. Upon notice of termination, the AMC will negotiate a transition strategy.
12.7.6 Specific arrangements for duration, amendments and termination as detailed in any Annex to this Agreement take precedence over sections 12.7.3, 12.7.4, 12.7.5, and 12.7.10. The termination of an Annex to this Agreement does not affect the continuation of the General Provisions. Similarly, the termination of the General Provisions does not affect the continuation of an Annex and all provisions of this Agreement necessary to give full force and effect to the intent that the Annexes will survive termination of this Agreement where that Annex is not also terminated.
12.7.7 In keeping with the purpose and objectives of this Agreement, Canada will be open and transparent concerning agreements reached with other provinces and territories respecting immigration. Upon request by Ontario, Canada will negotiate amendments to this Agreement in order to afford similar treatment to Ontario, taking into consideration the different needs and circumstances of Ontario.
12.7.8 The commitments pursuant to this Agreement will not be interpreted by either Party to impose legal, financial or other obligations beyond whatever specific arrangements and conditions are already in operation or are mutually agreed upon.
12.7.9 This Agreement may be entered into by each Party signing a separate copy of this Agreement (including a photocopy, facsimile or electronic submission) and delivering it to the other Party, each of which when taken together, shall constitute an original Agreement.
12.7.10 This Agreement will take effect when signed by the last of the Parties to do so and will be valid for five (5) years.
12.7.11 Upon signature of this Agreement by the last of the Parties to this Agreement, the 2015 Canada-Ontario Agreement on Provincial Nominees, and the 2015 Canada-Ontario Agreement on Foreign Workers are terminated and replaced by Annexes A and B, respectively, to this Agreement.
13.1 Any notice to be delivered under this Agreement should be sent to the Party concerned as follows, as well as to the Parties’ Designated Representatives:
Address for notice to Canada
Immigration, Refugees and Citizenship Canada
365 Laurier Avenue West
Ottawa, Ontario K1A 1L1
Address for notice to Ontario
Ministry of Citizenship and Immigration
400 University Avenue, 6th Floor
Toronto, Ontario M7A 2R9
13.2 Either Party may, from time to time, change a Designated Representative by giving notice in accordance with this Agreement.
13.3 Any notice, information or document provided for under this Agreement may be delivered or sent by letter, electronic mail or facsimile, postage or other charges prepaid. Any notice that is delivered will be deemed to have been received on delivery; any notice sent by electronic mail or facsimile will be deemed to have been received one working day after having been sent; and any notice mailed will be deemed to have been received eight (8) calendar days after being mailed.
IN WITNESS WHEREOF this Agreement has been signed by the Parties on the dates written below.
FOR THE GOVERNMENT OF CANADA
November 24, 2017
The Honourable Ahmed Hussen
Minister of Citizenship and Immigration
FOR THE GOVERNMENT OF ONTARIO
November 24, 2017
The Honourable Laura Albanese
Minister of Citizenship and Immigration