Agreement for Canada-Yukon Co-operation on Immigration
- 1.0 Preamble
- 2.0 Purpose, Objectives and Definitions
- 3.0 Immigration Programs and Planning
- 4.0 Promotion and Recruitment
- 5.0 Selection and Admissibility
- 6.0 Resettlement, Settlement and Integration
- 7.0 Information Sharing and Research
- 8.0 Program Integrity
- 9.0 Implementation
- 10.0 Other Provisions
- Annex A – Provincial Nominees
- Annex B – Temporary Foreign Workers – archived
1.1 The Agreement for Canada-Yukon Co-operation on Immigration (hereinafter referred to as the “Agreement”) is between Her Majesty in right of Canada, as represented by the Minister of Citizenship and Immigration (hereinafter referred to as “Canada”) and the Government of the Yukon, as represented by the Minister of Education – or his/her successor with responsibility for Immigration (hereinafter referred to as “Yukon”)
1.2 Taking into account section 95 of the Constitution Act, 1867, whereby Parliament of Canada is given jurisdiction in relation to Immigration;
1.3 Taking into account paragraph 18(1)(p) of the Yukon Act whereby the Yukon legislature may make laws in relation to immigration;
1.4 AND WHEREAS the Parliament of Canada has enacted the Immigration and Refugee Protection Act (hereinafter referred to as the “IRPA”);
1.5 AND WHEREAS the Canadian Charter of Rights and Freedoms guarantees certain mobility rights to every person who has the status of a permanent resident of Canada and guarantees every individual equal protection and equal benefit of the law without discrimination;
1.6 AND WHEREAS the Canadian Charter of Rights and Freedoms guarantees the equality of status to English and French as the official languages of Canada;
1.7 AND WHEREAS subsection 10(2) of the IRPA requires the Minister of Citizenship and Immigration to consult with the provinces annually with respect to the number of foreign nationals in each class who will become permanent residents each year, their distribution in Canada taking into account regional economic and demographic requirements and the measures to be undertaken to facilitate their integration into Canadian society;
1.8 AND WHEREAS subsection 8(1) of the IRPA and subsection 5(1) of the Department of Citizenship and Immigration Act (DCIA) authorize the Minister of Citizenship and Immigration, with approval of the Governor in Council, to enter into agreements with provinces for the purposes of the IRPA;
1.9 AND WHEREAS Yukon is authorized to enter into this Agreement with Canada on matters relating to immigration under the Intergovernmental Agreements Act, as amended;
1.10 AND WHEREAS the IRPA is designed, among other things, to:
- support the development of a strong and prosperous Canadian economy, in which the benefits of immigration are shared across all regions of Canada; and
- enrich and strengthen the cultural and social fabric of Canadian society, while respecting the federal, bilingual and multicultural character of Canada;
1.11 AND WHEREAS Yukon recognizes the objective of the IRPA to support and assist the development of minority official language communities in Canada and shares a mutual interest in enhancing the vitality of French linguistic minority communities in Yukon;
1.12 AND WHEREAS Canada and Yukon welcome immigrants, recognize their contribution to the demographic, social, humanitarian and economic objectives of the country and the territory, and acknowledge the long-term benefits of immigration;
1.13 AND WHEREAS Canada’s international obligations include its commitments to the protection of Refugees, as reflected in subsection 3(2) of the IRPA;
1.14 AND WHEREAS Canada and Yukon share a mutual interest in:
- enhancing the role of immigration in addressing demographic, economic and labour market trends in Yukon;
- planning and coordinating their immigration activities, based on cooperation, consultation and information sharing;
- the principle that federal funding be available for settlement activities based upon a fair allocation model developed in consultation with Yukon;
- the provision of resettlement services to Refugees selected from abroad;
- working in partnership with stakeholders, including federal, provincial, territorial and municipal governments, educational institutions and non-governmental organizations, ethnic organizations, communities, and employers to facilitate the attainment of immigration objectives;
- providing effective services, while avoiding overlap and duplication;
- enhancing and facilitating the social, cultural and economic contribution of Immigrants;
- recognizing the importance of reunification of family members;
- recognizing a shared commitment with respect to humanitarian considerations of Refugees;
- recognizing the benefits of international students to Yukon;
- enhancing the vitality of minority official language communities in Yukon;
- encouraging the development of pilot initiatives to increase regional dispersion of Immigrants and recognizing differing regional settlement requirements;
- ensuring that immigration and immigration-related programs meet their objectives and serve those for whom they are intended; and
- recognizing the benefits of citizenship and providing supports for eligible permanent residents in acquiring Canadian citizenship;
1.15 BOTH PARTIES recognize the following in order to determine their respective areas of activity relating to Immigrants and Temporary Residents in order to meet the needs of Canada and Yukon:
- that this Agreement relates to the planning of immigration levels to Yukon annually, the promotion of immigration and the recruitment of Immigrants to the territory, the selection and entry of Immigrants into Canada and their settlement into Yukon and Canadian society, the sharing of information and cooperative efforts to ensure the integrity of the programs of Canada and Yukon in relation to immigration;
- that Canada will determine national policy objectives and annual plans for the immigration program. It will be responsible for the selection and admission of Immigrants, Temporary Residents and Refugees wishing to reside in Yukon. In addition, Canada will discharge these responsibilities utilizing mechanisms that include but are not limited to defining classes of foreign nationals and classes of persons who are inadmissible into Canada under the IRPA, establishing the statutory requirements for the granting of citizenship, as defined in the Citizenship Act, and ensuring the fulfillment of Canada’s international obligations with respect to refugees;
- that Yukon will advise Canada regarding its annual immigration levels plans for provincial nominees; and
- that Yukon will exercise its responsibilities in the development and implementation of programs, policies and legislation, promotion and recruitment of Immigrants, determination of provincial nominees; and facilitating the settlement and integration of Immigrants as set out in this Agreement.
2.0 Purpose, Objectives and Definitions
2.1 The purpose of this Agreement is to define the respective roles and responsibilities of Canada and Yukon relating to Permanent and Temporary Residents wishing to reside in Yukon.
2.2 The objectives of this Agreement are:
- to foster an effective partnership between Canada and Yukon for the promotion, recruitment, selection, admission, settlement and integration of Immigrants to the territory;
- to establish processes for Canada and Yukon to consult and cooperate on the development and implementation of policies, programs, and mechanisms to influence the levels and composition of Immigrants to Yukon and to Canada, including those to support and assist the development of minority official language communities in Yukon.
- to cooperatively develop and implement new initiatives and projects that meet regional immigration needs;
- to delineate the roles and responsibilities between Canada and Yukon for the promotion, recruitment, selection, admission, settlement and integration of Immigrants and Temporary Residents to Yukon;
- to provide Yukon with the opportunity to address its particular social, demographic, economic development and labour market needs, including responses to skills shortages;
- to foster cooperation in information sharing, research and evaluation and in ensuring the integrity of the programs of Canada and Yukon in respect of immigration;
- to consult and co-operate on programs and initiatives to settle and integrate Immigrants in Yukon including appropriate, fair and ongoing funding for settlement services provided in Yukon;
- to develop cooperation in achieving humanitarian goals;
- to develop cooperation in reunification of family members;
- to collaborate in the development and implementation of strategies to address barriers to qualification recognition and integration of Immigrants into the labour market; and
- to develop cooperation in facilitating movements of temporary workers and students to Yukon.
2.3 The following annex is attached to, and forms part of, this Agreement:
2.4 For the purposes of this Agreement:
- except where otherwise provided in 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 that Act or those Regulations;
- a reference to the IRPA or the IRPR is a reference to that Act or those Regulations as amended from time to time. Otherwise, the following definitions will apply for the purposes of this Agreement.
- “Immigrant” means a permanent resident, including a Refugee.
- “Temporary Resident” means a temporary worker, a student, or a visitor.
- “Refugee” means a protected person as defined in the IRPA.
- “Vulnerable Person” means a Convention Refugee abroad or a humanitarian-protected person abroad in greater need of protection than other applicants due to a heightened risk to their physical safety;
- “Person In Urgent Need of Protection” means a Convention Refugee abroad or a humanitarian-protected person facing an immediate threat to their life, liberty or physical safety and, if not protected, the person is 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.
- “Special Needs Person” means a person who has greater need for integration services than other applicants for protection abroad owing to personal circumstances, including: family size and composition; trauma resulting from violence or torture; medical disabilities; and/or the effects of systemic discrimination.
- “Resettlement Services” refer to specialized interventions funded by Citizenship and Immigration Canada and/or the voluntary sector to support the immediate and essential needs of Refugees resettled from abroad.
- “Settlement and Integration Services” refer to settlement activities that are specifically designed to facilitate and expedite the economic and social integration of Immigrants in Canada. These activities include orientation, adult language training, settlement counselling, qualifications recognition activities, preparation for labour market, temporary or one time interventions to facilitate adaptation of mainstream services to meet the needs of newcomers, and activities which help to develop a more informed and welcoming environment for newcomers to Canada. They do not include services to the general public that normally fall within the mandate of territorial governments, such as health and education services.
- “Party” means Canada or Yukon and “Parties” means Canada and Yukon.
3.0 Immigration Programs and Planning
3.1 Canada will establish Canadian immigration policy and develop an annual immigration plan in consultation with the provinces and territories, taking into account Yukon’s immigration planning, including its demographic, social, and economic objectives and the particular needs of Yukon.
3.2 Canada will consult in a timely manner with Yukon on Canada’s immigration policy and immigration projections and respond to identified issues in shared immigration planning.
3.3 Yukon will conduct planning based on factors contributing to the social, economic and demographic growth of the territory including, but not limited to, available resources, balanced growth, impact of immigration streams destined to the territory, absorptive capacity, and regional development including the development of minority official language communities.
3.4 Yukon will provide Canada annually with an annual provincial nominee plan, to be considered in Canada’s immigration projections, and will provide comments on Canada’s immigration plan with respect to immigration to Yukon.
3.5 Canada, in consultation with Yukon, will develop an annual delivery plan for national immigration targets that will include provincial nominees, as well as annual targets for government assisted refugees as they relate to the territory.
3.6 Canada will make all reasonable efforts to proactively manage the delivery of the immigration program to support the achievement of Yukon’s provincial nominee plan pursuant to section 2.3, bearing in mind federal priorities with respect to overall immigration targets, the mix of economic to non-economic permanent residents, limitations related to the number of applications for Immigrants destined to Yukon received and able to be processed by CIC missions abroad, and current processing times and departmental priorities.
3.7 Yukon will consult with immigration stakeholders on the territory’s immigration policies, plans and programs.
3.8 Yukon will participate in multilateral consultation processes associated with developing or promoting national immigration initiatives or resolving conflicts.
3.9 Canada will cooperate with Yukon to provide opportunities to territorial employees for training, taking into account cost and resource restraints and, if required, negotiating cost-sharing approaches. It is recognized that employees of the Yukon will be subject to security clearances required to access federal information.
3.10 Canada will consult Yukon on the development and implementation of policies that encourage reunification of family from abroad. Yukon will have the opportunity to participate in the development and implementation of those policies and programs that strengthen and enforce sponsorship provisions and obligations.
3.11 Yukon will plan to receive a share of Refugees to be resettled in the territory and, recognizing the need for flexibility in responding to emerging humanitarian needs, Yukon will receive a proportion of persons who have special needs, are deemed to be vulnerable or are in urgent need of protection, as defined in section 2.4.f, g and h. In assigning a share of refugees to the territory, Canada will, to the extent possible, take into account, the potential financial and program impact on Yukon resulting from variations in the number of urgent protection, vulnerable and special needs persons to be resettled in Yukon.
4.0 Promotion and Recruitment
4.1 Canada and Yukon will co-operate on planning and implementing promotion and recruitment activities abroad recognizing Canada’s responsibility for the promotion of Canada and recruitment of Immigrants and Yukon’s intent to pursue a targeted immigration recruitment policy to meet its demographic, social and economic objectives.
4.2 Canada and Yukon will, where appropriate and subject to the agreement of the Parties, share responsibilities in public education and information regarding the benefits of immigration to Yukon.
4.3 Canada will endeavour to assist Yukon in identifying overseas labour market and demographic information, as available, to assist in niche market recruitment.
4.4 Canada and Yukon will share responsibilities to increase effective recruitment and to make promotional materials available for prospective Immigrants overseas, including access to current and realistic information on labour markets and international qualifications recognition.
4.5 Canada and Yukon will, where appropriate and subject to the agreement of the Parties, cooperate in the promotion and recruitment of Immigrants and Temporary Residents by working together in the following areas:
- Yukon will provide Canada with its annual provincial nominee levels plan and objectives, and Canada will ensure that its visa officers are informed about the national plan and objectives;
- Yukon will endeavour to provide Canada with information regarding the territory’s demographic, educational, labour market and other needs, and Canada will endeavour to provide information to Yukon about optimum recruitment opportunities through Canadian missions abroad in order to meet Yukon’s immigration needs;
- Yukon will provide Canada with detailed information regarding the territory’s needs for Immigrants and Temporary Residents, and Canada will provide this information to its visa offices and make it accessible to qualified prospective Immigrants and Temporary Residents; and
- Canada and Yukon will establish mutually acceptable procedures, in accordance with the Canadian Charter of Rights and Freedoms and federal and territorial privacy legislation, for providing available information related to specific applicants for permanent and temporary residence destined to Yukon.
4.6 This Agreement does not preclude either Party from undertaking promotion and recruitment activities independently.
5.0 Selection and Admissibility
5.1 In accordance with the IRPA and the IRPR, Canada will have responsibility for:
- establishing selection criteria and selecting foreign nationals, taking into account the role of Yukon in nominating individuals within the provincial nominee class;
- determining Refugee status;
- prescribing classes of Immigrants; and
- defining which persons are inadmissible to Canada.
5.2 Yukon will be responsible for the assessment of provincial nominees, as outlined in Annex A. Yukon will develop Provincial Nominee Program streams as appropriate to meet its immigration needs. Canada will respect the nomination decision of Yukon providing nominations do not contravene admissibility criteria as outlined under IRPA, the criteria for the Provincial Nominee Class set out in the Regulations under IRPA or any successor Act, and the eligibility criteria as set out by the Territory. The processing and admission to Canada of Yukon’s nominated candidates will be completed as expeditiously as possible with a view to achieving targets that have been integrated into Canada’s annual delivery plan.
5.3 Canada will consult with Yukon on the admission of visitors to the territory for the purposes of receiving medical care and treatment, where such purposes are known at the time of admission.
5.4 Canada will consult Yukon regarding medical inadmissibility cases destined to Yukon in cases where Canada is considering issuance of a temporary resident permit. Yukon can make recommendations on whether medical inadmissibility cases should be permitted to come into Canada, where Canada is considering the issuance of a temporary resident permit destined to Yukon. However, for all applicants who pose a danger to the public health of Canadians, CIC will determine the final decision regarding medical inadmissibility.
6.0 Resettlement, Settlement and Integration
6.1 Canada and Yukon recognize that full participation of newcomers in Canadian society is essential to achievement of the economic and social benefits of immigration policy and programs.
6.2 Canada and Yukon recognize the value of participation of stakeholders concerned with facilitating the settlement and integration of newcomers to Yukon, including municipal governments, education, health and human service sectors, immigrant and refugee serving agencies, religious and ethnic organizations, labour and business groups, as well as individuals.
6.3 Canada and Yukon agree to consult on information about the general settlement situation of Immigrants, as well as movements of Temporary Residents, in order to inform policy and program development and research.
6.4 Canada agrees to maintain its role in providing programs for Refugees resettled from abroad that offer income support and address immediate and essential services to government-assisted refugees during their initial period in Canada.
6.5 Canada agrees to maintain its leadership role in providing programs to assist with the settlement and integration of Immigrants in Yukon.
6.6 Should new arrangements for realignment of settlement and integration services be agreed upon, including administration, delivery and funding, the roles and responsibilities of Canada and Yukon with respect to settlement and integration could be the subject of an Annex to this Agreement, or of a separate agreement.
6.7 Canada agrees to provide appropriate, fair, equitable, predictable and ongoing funding for settlement services delivered in Yukon.
6.8 Canada will inform Yukon by March 31 of each year of the amount of funding planned to be available nationally for settlement services for the subsequent two fiscal years, subject to appropriations by Parliament.
6.9 Canada will inform Yukon by November 1 of each year of its share of recent immigration for the purposes of calculating the territory’s allocation of federal funds available for settlement services for the next fiscal year.
6.10 Canada and Yukon will continue to consult each other, as well as stakeholders concerned on services and programs available to Immigrants and Temporary Residents in the Territory.
6.11 Canada and Yukon agree to participate in territorial and local mechanisms for co-operation on settling and integrating Immigrants.
6.12 Canada will work in cooperation with Yukon to secure better recognition of the foreign qualifications of permanent residents and their more rapid integration into the labour market. This does not preclude either Party from taking independent action to address qualifications recognition in Yukon.
6.13 Canada and Yukon will work together to promote full participation of Immigrants in Yukon and Canadian society, respecting Canada’s responsibility for determining statutory requirements related to the granting of Canadian citizenship.
7.0 Information Sharing and Research
7.1 In the interest of immigration levels planning, policy development, program design and evaluation, program delivery and integrity, research, and efforts to reduce overlap and avoid duplication, Canada and Yukon agree to cooperate by exchanging information and sharing research results, subject to sections 7.6 and 7.7 below, and which may require developing formal mechanisms, such as an agreement or an arrangement on information sharing.
7.2 Canada, in consultation with Yukon, will investigate the possibility of putting in place a means to provide Yukon with adequate access to current and future case processing systems in support of the administration of the Provincial Nominee Program.
7.3 Canada and Yukon agree to encourage immigration research, to consult annually on research priorities and planned research activities, and to cooperate on common research initiatives, as appropriate.
7.4 Canada and Yukon agree to inform each other in a timely manner of any immigration-related information sharing and research agreements or arrangements, or formal negotiations with government departments, municipalities and other parties concerned under territorial jurisdiction, such as school boards, professional, occupational and similar licensing bodies, quasi-governmental organizations and territorial Crown corporations, settlement agencies, and immigrant serving agencies.
7.5 Canada and Yukon will establish mutually acceptable procedures, subject to sections 7.6 and 7.7 below, for Canada to provide statistical reports to Yukon on:
- individuals destined to Yukon whose immigration applications are being considered by Canada;
- the issuance of immigrant visas to persons destined to the Territory;
- number of permanent residents destined to the Territory;
- temporary residence permits, work permits, and study permits issued to applicants destined to the Territory; and
- additional reports as agreed to by both Parties.
7.6 Canada and Yukon will ensure that any exchange of information, particularly personal information, will be conducted in accordance with applicable federal and territorial legislation and in accordance with their respective policies relating to protection of privacy, access to information and security of records.
7.7 All agreements or arrangements between the Parties will provide for the exchange or sharing of personal information in accordance with:
- 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; and
- The Freedom of Information and Protection of Privacy Act of the Yukon, whichever shall apply.
8.0 Program Integrity
8.1 Recognizing that it is in their mutual interest and benefit, Canada and Yukon will work together to ensure that their respective programs, as they relate to Immigrants and Temporary Residents, respect the program and policy interests of Canada and Yukon.
8.2 Canada and Yukon will cooperate, to the extent possible, with respect to ensuring the integrity of their respective programs, including, but not limited to such activities as: sharing information, conducting research and establishing mutual reporting arrangements; auditing, program evaluation, and investigating potential program abuse. Canada and Yukon will also work collaboratively with agencies, as required, to address issues relating to admissibility.
8.3 Canada and Yukon will consult on the development and implementation of national measures to recognize immigration representatives. Canada recognizes Yukon’s right to develop and implement its own measures consistent with territorial jurisdiction and federal legislation.
9.1 A Joint Coordinating Committee will be established with a general mandate to oversee the implementation of this Agreement, including exchanging information relevant to the activities of this committee, acting as the forum for the annual consultation on immigration levels, and addressing policy or operational issues that have an impact on the implementation of this Agreement.
9.2 The Joint Coordinating Committee will meet at least once annually and will be co-chaired by the Regional Director General for the British Columbia-Yukon Region, the Director of Intergovernmental and Stakeholder Relations of Citizenship and Immigration Canada and the Assistant Deputy Minister, Department of Education, Government of Yukon, or their successors or designates. Members of this committee will include, as appropriate, Citizenship and Immigration Canada Regional and National Headquarters officials and representatives of other federal departments and territorial ministries responsible for programs and services related to immigration.
9.3 The Joint Coordinating Committee may establish, by mutual agreement, ad hoc groups or sub-committees, with third party participation if appropriate, for the purpose of implementing this Agreement.
9.4 In the case of a dispute or disagreement under this Agreement, Canada and Yukon officials will attempt to resolve the matter.
9.5 Procedures for addressing disputed issues will be determined by the Joint Coordinating Committee. Such procedures will be flexible, provide equal opportunities for representation by each Party, establish clear time limits and ensure clarity for the implementation of final decisions.
10.0 Other Provisions
10.1 Canada and Yukon will take all reasonable measures necessary to implement this Agreement.
10.2 Canada and Yukon agree to consult each other with reasonable advance notice when either Party is contemplating a policy, program or legislative change that could have a significant impact, fiscal or otherwise, on the other Party and on the operation of this Agreement.
10.3 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 and territories relating to immigration and Canada will provide, at Yukon’s request, other federal-provincial- territorial agreements made under subsection 8 (1) of the IRPA and subsection 5(1) of the DCIA, and will negotiate amendments to this Agreement, including any annex to this Agreement, taking into consideration the different needs and circumstances of the provinces and territories.
10.4 The French and English language versions of this Agreement are equally authoritative.
10.5 Canada and Yukon will provide advance notice to each other of announcements relating to funding and new initiatives relevant to the Agreement and, where appropriate, explore the possibility of joint communications by the Parties.
10.6 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.
10.7 The Joint Coordinating Committee will from time to time, and not less than every five (5) years, review this Agreement for the purpose of determining whether any amendments pursuant to section 10.6 are desired.
10.8 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 Joint Coordinating Committee will negotiate a transition strategy.
10.9 In the event of a conflict, specific arrangements for duration, amendments and termination as detailed in the Annex to this Agreement take precedence over sections 10.6, 10.7 and 10.8. The termination of the 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 the Annex, and all of the provisions of this Agreement necessary to give full force and effect to the intent of the Annex will survive any termination of the Agreement.
10.10 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.
10.11 Any notice to Canada must be sent to:
Citizenship and Immigration Canada
365 Laurier Avenue West
Ottawa, Ontario K1A 1L1
Any notice to Yukon must be sent to:
Department of Education
(or Department Responsible for Immigration)
Government of Yukon
1000 Lewes Boulevard
P.O. Box 2703
10.12 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.
10.13 This Agreement supersedes the prior original agreement dated April 2, 2001.
10.14 This Agreement will come into force when 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:
THE Government of Canada
The Honourable Diane Finley
Minister, Citizenship and Immigration
The Government of Yukon
The Honourable Patrick Rouble
Minister of Education
Annex A — Provincial Nominees
1.1 Both Parties recognize that Yukon has particular labour market needs and circumstances and that these can be accommodated through the Yukon Nominee Program insofar as they are not incompatible with national immigration policy and legislation.
1.2 Both Parties recognize the importance of supporting and assisting the development of minority official language communities in Yukon.
2.0 Purpose and objectives
2.1 The objective of this Annex is to increase the economic benefits of immigration to Yukon, based on economic priorities and labour market conditions, by providing Yukon with a mechanism to admit Provincial Nominees to Yukon while taking into account the importance of supporting and assisting the development of minority official language communities in Yukon.
2.2 To admit Yukon Nominees for permanent residence as expeditiously as possible, taking into account:
- Yukon’s Nominee Program levels plan;
- Canada’s immigration projections;
- Legislative requirements; and
- Operational and resource constraints, and service standards as developed.
3.0 Assessment and nomination
3.1 Yukon will assess and nominate candidates who:
- will be of benefit to the economic development of Yukon; and
- have a strong likelihood of becoming economically established in Yukon.
3.2 Provincial Nominee applicants may be nominated on the basis of economic benefit to Yukon, including, and as they may be economic considerations, long-term regional growth and community development.
3.3 In exercising its nomination authority under this Agreement, Yukon will follow the procedures and criteria for nomination established by Yukon, as amended from time to time, insofar as those procedures and criteria do not conflict with federal immigration legislation or policy. Yukon will consult with Canada on its criteria and keep written records of its assessments of its nominees against those criteria.
3.4 Yukon will develop an annual Provincial Nominee plan and will share this plan with Canada.
3.5 Yukon’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 Yukon’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.
3.6 Yukon will issue a dated Certificate of Nomination, valid in accordance with Yukon’s administrative requirements for each Provincial Nominee. For security reasons, Yukon 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 sections 3.8 and 3.9.
3.7 Canada agrees to process applicants nominated for permanent resident status by Yukon as expeditiously as possible with a view to achieving targets that have been integrated into Canada’s annual delivery plan.
3.8 Notwithstanding the nomination authority of Yukon, Canada remains responsible for:
- exercising the final selection as required by statute and regulation;
- determining the admissibility of the nominee and his or her dependants with respect to legislative requirements including health, criminality and security; and
- issuing permanent resident visas to Provincial Nominees and accompanying dependants who meet all the eligibility and admissibility requirements of the Immigration and Refugee Protection Act (IRPA), the Immigration and Refugee Protection Regulations (IRPR) and of this Annex.
3.9 Persons who are nominated by Yukon must meet the requirements of the Provincial Nominee Class as described in the IRPR and, as such, must also be of benefit to the economic development of Yukon. Yukon agrees to conduct due diligence to ensure that the applicant has the ability, and is likely to become economically established in Yukon.
3.10 Processing of applications and issuance of visas may continue beyond the calendar year in which the Certificate of Nomination was issued.
3.11 Should Canada determine that an individual nominated by Yukon is likely to be refused a permanent resident visa based on the applicant’s inability to meet the requirements of membership in the Provincial Nominee Class as per the IRPR, Yukon will be notified immediately and consulted regarding the reasons for possible refusal.
3.12 Yukon may raise concerns or seek clarification from the assessing officer at the relevant mission with respect to a potential refusal, where the refusal is based on an applicant’s inability to meet the requirements of membership in the Provincial Nominee Class as per the IRPR, 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.
3.13 Should Canada determine that an individual nominated by Yukon is likely to be refused a permanent resident visa based on the applicant’s inability to meet admissibility requirements as per the IRPA and IRPR, Canada will forward a copy of the refusal letter to Yukon.
3.14 Where an individual nominated by Yukon has received a job offer from a Yukon-based employer, the responsible assessing officer may issue a temporary work permit pursuant to the IRPR, if the work permit application includes a letter from Yukon that:
- states that the nominated individual is urgently required by the employer; and
- determines that:
- the job offer is genuine and would create economic, social or cultural benefits or opportunities;
- the employment is not part-time or seasonal; and
- the wages and working conditions of the employment would be sufficient to attract and retain Canadian citizens, and
- requests the visa officer to issue a temporary work permit.
3.15 Yukon will not issue a Certificate of Nomination 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 Yukon.
4.0 Promotion and recruitment
4.1 In furtherance of the objectives of this Annex, Yukon will undertake active recruitment initiatives designed to implement its strategy on immigration including:
- participation at trade fairs and other targeted missions;
- development of promotional materials describing the nature and quality of life in Yukon;
- provision of information on a Yukon-maintained website to prospective permanent residents on occupation certification and business requirements for working in Yukon;
- preparation of information for staff working in Canadian missions abroad; and
- consultation with representatives of the francophone community in Yukon.
4.2 Canada agrees to make all practical efforts to assist Yukon to identify prospective permanent residents to fulfill Yukon’s targets in its immigration strategy (subject to limitations imposed by conditions faced at missions at the relevant times, including competing promotional interests of other provinces and territories), including:
- directing potential applicants through Citizenship and Immigration Canada’s website, to visit the Yukon website;
- displaying promotional materials provided by Yukon at selected missions abroad;
- participating in territorially initiated missions to attract permanent residents within the limits of mission resources; and
- inviting Yukon to participate, as appropriate, in training or information sharing exercises with program managers and other mission staff to communicate Yukon’s specific needs and opportunities.
5.0 Program evaluation and information exchange
5.1 Canada and Yukon recognize the importance of evaluating the Provincial Nominee Program in order to determine its impacts and outcomes in Yukon. Accordingly, immediately following the date of the signing of the Annex, Canada and Yukon 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 Annex.
5.2 Subject to 5.3, Canada and Yukon agree to share information on prospective and actual permanent residents so as to aid in the evaluation and management of Yukon’s Provincial Nominee Program. This will include information with respect to the retention of Yukon’s Provincial Nominees within the territory and the community to which the nominee was originally destined.
5.3 Canada and Yukon will ensure that any exchange of information shall be conducted in accordance with applicable federal and territorial legislation and in accordance with their policies relating to protection of privacy, access to information and security of records.
5.4 In order to facilitate the exchange of information between Canada and Yukon, Yukon will obtain from each nominee and his or her dependents a written consent allowing Canada to share with Yukon information regarding the nominee’s application, including the processing thereof.
6.1 The designated representatives for the purpose of communication and notification pursuant to this Annex are:
- for Canada: the Director, Permanent Resident Policy and Programs, Immigration Branch, Citizenship and Immigration Canada; and
- for Yukon: the Director, Yukon Nominee Program.
6.2 The Ministers or their designates shall meet at least once annually, for the purposes of:
- ensuring that necessary communication for the furtherance of activities under this Annex takes place, including the exchange of information regarding likely processing times for Provincial Nominees, and ways that Canada and Yukon can cooperate to optimize these processing times; and
- 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.
6.3 Practices under this Annex are subject to audit by the respective audit and evaluation agencies of Canada and Yukon. The Parties agree to provide full cooperation and information if, when and where such audits take place.
6.4 Subject to clause 6.5, this Annex will remain in effect indefinitely.
6.5 This Annex may be amended at any time by mutual written consent, subject to any required approval or authorization, including the approval of the Governor in Council.
6.6 This Annex may be terminated by either party by written notice provided at least one year in advance.
6.7 In keeping with the purpose and scope of this Annex, Canada will be open and transparent concerning its intention to enter into agreements with other provinces and territories respecting Provincial Nominee Programs and Canada will provide, at Yukon’s request, other federal provincial agreements made under section 8 of the IRPA, and will negotiate amendments to this Annex, taking into consideration the different needs and circumstances of the provinces and territories.
6.8 Yukon shall not nominate, as a Provincial Nominee, any applicant who intends to enter, has agreed to enter, or has entered into a “passive investment proposal”, as described in Section 87 of the IRPR, or any amendments thereto.
6.9 Yukon will advise Canada on any proposed arrangement to be entered into with another party to carry out Yukon’s nomination responsibilities under this Annex.
Annex B — Temporary Foreign Workers
This annex was terminated, effective June 2015. It is for reference, research or recordkeeping purposes.
1.1 For the purposes of this Annex, “Canada” means Canada as represented by the Minister of Citizenship and Immigration (“CIC”) and the Minister of Human Resources and Skills Development (HRSDC), unless otherwise indicated. “Yukon” means Yukon Territory as represented by the Minister of Education.
1.2 Whereas subsection 5(1) of the Department of Citizenship and Immigration Act (DCIA) authorizes the Minister of Citizenship and Immigration, with the approval of the Governor-in-Council, to enter into agreements with provinces and territories for the purpose of facilitating the formulation, coordination and implementation - including the collection, use and disclosure of information - of policies and program for which the Minister is responsible; and whereas paragraph 204(c) of the Immigration and Refugee Protection Regulations (IRPR) authorizes the issuance of work permits under section 200 of the IRPR to foreign nationals who intend to perform work pursuant to an agreement entered into by the Minister of Citizenship and Immigration with a Territory; this Annex constitutes an agreement in accordance with subsection 5(1) of the DCIA, subsection 8(1) of the IRPA and paragraph 204c) of the IRPR. This Annex shall be governed by the provisions of the Agreement for Canada-Yukon Cooperation on Immigration (the “Agreement”) in any matters not specifically addressed in this Annex.
1.3 Whereas, pursuant to the Department of Human Resources and Skills Development Act (DHRSDA), the powers, duties and functions of the Minister of Human Resources and Skills Development extend to all matters relating to human resources and skills development in Canada over which Parliament has jurisdiction and which are not by law assigned to any other Minister, department, board or agency of the Government of Canada; and whereas the Minister of Human Resources and Skills Development is authorized, pursuant to section 10 of the Department of Human Resources and Skills Development Act to enter into agreements with Provinces and Territories for the purposes of facilitating the formulation, coordination and implementation of programs and policies related to the powers, duties and functions conferred by that Act.
1.4 Whereas paragraph 3(1)(a) of the IRPA states that it is an objective of that Act “to permit Canada to pursue the maximum social, cultural and economic benefits of immigration”, the Parties agree that a Temporary Foreign Worker (TFW) Annex to the Agreement will support Yukon’s efforts to address its unique economic and social needs, which will in turn contribute to Canada’s overall social, cultural and economic benefit.
Therefore Canada and Yukon agree to the following:
2.1 “Dependent” refers to persons meeting the definition of “dependent child” as set out in section 2 of the IRPR.
2.2 “High-Skilled Worker” refers to any worker whose occupation is found in levels 0, A or B of the NOC system.
2.2.1 A “Low-Skilled Worker” is any worker who does not fit this definition of “High-Skilled Worker”.
2.3 “Job” refers to any piece of work (“work” being defined in section 2 of the IRPR).
2.4 A “Labour Market Opinion” (LMO) is an opinion provided by HRSDC under section 203 of the IRPR and upon which a determination by an immigration officer as to whether a job offer is genuine and whether the employment of the foreign national is likely to have a neutral or positive effect on the labour market in Canada is based.
2.5 “Occupation” refers to a job which is defined and described in detail in the National Occupation Classification (“NOC”) system as defined in section 2 of the IRPR.
2.6 “Temporary Foreign Worker” or “TFW” refers to any foreign national who has been authorized to work temporarily in Canada.
2.7 “Temporary Foreign Worker Program” or “TFWP” refers to the functions under the IRPA and the IRPR that allow the Government of Canada to authorize foreign nationals to work temporarily in Canada.
2.8 When any term used in this Annex is not defined in this section but is defined in the IRPA or the IRPR, the definition found in the Act or in those Regulations applies. A reference to the IRPA or the IRPR is a reference to the Act or those Regulations as amended from time to time.
3.0 Shared principles, objective And purposes
3.1 The Parties agree that a Temporary Foreign Worker (TFW) Annex to the Agreement will support Yukon’s efforts to address its unique economic and social needs, which will in turn contribute to Canada’s overall social, cultural and economic benefit.
3.2 Canada and Yukon agree that measures to facilitate the entry of TFWs will be taken recognizing the importance of supporting Yukon’s efforts to train and improve the skills of Yukon residents, and of ensuring compliance with all applicable laws including those involving immigration, employment standards, workplace safety and labour regulations.
3.3 Canada and Yukon recognize that providing opportunities for all foreign nationals legally able to work in Yukon to successfully participate in their respective workplaces and communities is essential to achieve the economic and social benefits of immigration policies and programs.
3.4 The objective of this Annex is to allow Canada and Yukon to better work together to meet the particular needs and circumstances of Yukon’s employers, labour market, and economy with respect to the role played by the entry of foreign workers to the Territory to work on a temporary basis. In better addressing the needs of Yukon’s employers, Canada and Yukon recognize the unique situation of TFWs in the labour market, and are committed to protecting their rights.
3.4.1 Canada and Yukon agree that meeting this objective will require the participation and co-operation of various federal and territorial departments, ministries and agencies in addition to those of the signing Ministers, including but not limited to the Canada Border Services Agency and on the part of Yukon, the Ministry of Labour and Citizens’ Services and the Ministry of Agriculture.
3.5 The purpose of this Annex is to identify areas of cooperation between Canada and Yukon and to support the operation of the TFWP in Yukon in ways that:
- provide Yukon with mechanisms to facilitate the entry of TFWs to Yukon to meet its economic development priorities, in a manner that does not negatively affect the normal functioning of the local labour market;
- enhance information exchanges between Canada and Yukon for the purposes of policy and operational matters related to the TFWP;
- increase the awareness amongst employers, TFWs, and interested third parties, of their respective rights and responsibilities; and
- facilitate research and evaluation of the TFWP in order to enhance understanding of TFW outcomes.
3.6 The Annex seeks to facilitate the entry of TFWs destined to work in Yukon through agreed-upon mechanisms as expeditiously as possible, taking into consideration applicable law, operational and resource constraints, and national security.
4.0 Temporary foreign workers named by Yukon
4.1 Canada and Yukon agree that addressing the objective outlined in this Annex can be achieved in part through joint planning and priority-setting with respect to the entry of TFWs into Yukon.
4.2 Work Permit Issuance to Individual Foreign Nationals - Canada and Yukon agree that, pursuant to paragraph 204(c) of the IRPR, CIC may issue a work permit to an eligible individual foreign national destined to work in Yukon in a specific occupation for a named employer or defined group of employers without requiring an LMO (as described in paragraph 203 of the IRPR), whenever Yukon has provided CIC with a written recommendation to issue a work permit to that foreign national authorizing him or her to work for a particular employer or defined group of employers.
4.2.1. CIC and Yukon agree that the number of work permits issued to principal applicants pursuant to section 4.2 of this Annex will be based on a written estimate from Yukon. Yukon will provide this estimate to CIC for each given calendar year, starting for the calendar year 2010, no later than November 15 of the preceding year.
4.3 Work Permit Issuance to Groups of Foreign Nationals - Canada and Yukon also agree that, pursuant to section 204(c) of the IRPR, CIC may issue work permits to foreign nationals who are destined to work in Yukon in specific occupations, for an employer or a defined group of employers, without requiring a LMO (as described in paragraph 203 of the IRPR) whenever Yukon has provided CIC with a written recommendation to issue work permits to members of a defined group authorizing them to work for an employer or defined group of employers and the foreign nationals are determined to be members of that group.
4.3.1 Yukon will only make a written recommendation to CIC pursuant to section 4.3 after it has consulted with and obtained advice from the TFW Working Group (as defined in section 9.1 of this Annex), or some other intergovernmental group as agreed to by the Parties to this Annex, in relation to the proposed recommendation.
4.3.2 Yukon will provide an estimate of the number of anticipated openings for any defined group of foreign nationals recommended under section 4.3 as part of its written recommendation to CIC.
4.3.3 Recommendations made under section 4.3 will be limited to a maximum twelve-month validity, subject to renewal based upon a new recommendation.
4.4 For work permits issued pursuant to sections 4.2 and 4.3 of this Annex, Yukon will act consistently with the objective set out in section 3.4 of this Annex. Yukon also agrees to respect federal TFWP principles and objectives, and to not undermine Canada’s responsibilities to deliver the TFWP pursuant to the provisions of the IRPA and its Regulations. Yukon will use sections 4.2 and 4.3 selectively, and does not intend to replace or replicate an LMO described in paragraph 203 of the IRPR.
4.4.1 Yukon will establish clear and transparent sets of criteria and procedures when proceeding pursuant to sections 4.2 and 4.3. Yukon will develop these sets of criteria in cooperation with Canada, and will share with Canada its policies and procedures as adopted. Canada and Yukon further agree to develop a system to provide Canada opportunities to comment on the development of policies and procedures related to Yukon’s recommendations;
4.4.2 Yukon’s recommendations may be made based on:
- Local labour market demand;
- Yukon’s specific skills requirements;
- Efforts by the Yukon’s employer community to fill job openings with Canadian citizens or permanent residents;
- Implications for Yukon’s communities; and
- Other considerations as may be determined by the Parties.
4.4.3 Work permit applications supported by a Yukon recommendation will continue to be assessed against all other applicable IRPA and IRPR criteria, including the applicant’s ability to perform the work sought and the likelihood that the applicant will voluntarily leave Canada at the end of the period authorized for their stay, noting that under subsection 22(2) of the IRPA a foreign national with the intention to become a permanent resident may still be eligible for temporary resident status in Canada. Applicants must also meet all admissibility criteria as outlined under the IRPA in order to obtain status as a temporary resident in Canada.
4.5 CIC will make all reasonable efforts to ensure that work permit applications made pursuant to a written recommendation as described in section 4.2 or section 4.3 of this Annex are processed in a timely manner.
4.6 Canada agrees to consider all of Yukon’s operational and levels-related recommendations concerning the operation of the TFWP in Yukon. Canada may use Yukon’s estimates of future demand for TFWs in the Territory in developing operational plans for the effective operation of Canada’s TFWP.
5.0 Operational improvements
5.1 HRSDC is committed to working with all provinces and territories towards establishing national service standards for the processing of completed LMO applications within twelve months of signing this Annex.
5.2 HRSDC agrees to implement ongoing improvements to the processing of LMOs. Improvements will include:
- HRSDC posting LMO processing times on its website; and
- HRSDC providing applicants with notification of the receipt of LMO applications.
5.3 Yukon will endeavor to make information available for TFWs and prospective TFWs on eligibility for Yukon health insurance, workers compensation benefits, applicable employer or government-sponsored pension plans, and protection under the relevant territorial and federal occupational health and safety, employment, and labour relations standards.
5.4 CIC agrees to pursue opportunities to ensure that appropriate levels of ongoing funding are secured that would provide a more stable resource base to allow the TFWP to remain sufficiently responsive to dynamic labour market needs.
5.5 CIC and Yukon agree to share information on prospective and actual TFWs destined to Yukon to the extent permitted by law. Canada and Yukon further agree to make available to each other all relevant labour market information in their possession, subject to legal restrictions.
5.5.1 CIC will attempt to obtain authorization from all work permit applicants destined for Yukon to allow the sharing of work permit application information with Yukon by redesigning the work permit application form. This information will be used by Yukon as a basis for assessing the effectiveness of mechanisms, processes and engagement efforts.
5.6 Canada and Yukon agree to engage through the Canada-Yukon Working Group on Temporary Foreign Workers, as referred to in section 9.1 of this Annex, to develop a system to provide Yukon opportunities to participate in the development of Territory-specific TFWP elements, including but not limited to:
- the determination of any occupations in Yukon for which expedited or modified processes for obtaining an LMO might apply, and
- the calculation and determination of prevailing wages to be used in assessing LMO applications from Yukon employers.
6.0 Compliance and enforcement
6.1 Yukon and Canada agree that in order to maintain TFWP integrity and the ability of Canada and Yukon to facilitate the entry of TFWs into Yukon, the effective monitoring of TFWs, employment agencies and employers in order to ensure their compliance with TFWP requirements, as well as with all applicable federal and territorial laws, is essential.
6.2 Yukon and Canada agree, where authorities exist, to assist with the on-going administration and enforcement of the TFWP in Yukon by working with all relevant departments, ministries and agencies that respond to complaints or other information regarding working and living conditions and employment standards associated with TFWs and their employment. Yukon and Canada further agree to maintain a coordinated enforcement strategy for programs that have an impact upon TFWs.
6.2.1 To facilitate these efforts, Yukon and HRSDC will complete a Letter of Understanding to exchange information, and CIC will negotiate a Memorandum of Understanding to share information with Yukon.
6.2.2 Yukon agrees to share with Canada information about employers who have not complied with relevant federal or territorial laws, as defined by the Letter of Understanding referred to in clause 6.2.1, to assist Canada in administering relevant sections of the IRPA and IRPR.
6.2.3 Canada and Yukon will ensure that any exchange of personal information will be undertaken and conducted in accordance with the Privacy Act for CIC, the DHRSDA for HRSDC, and the applicable statutes protecting the use and disclosure of personal information for Yukon, and any other applicable federal and territorial legislation and in accordance with their respective policies related to protection of privacy, access to information and security of records.
6.3 Subject to regulatory authority, Canada agrees to consider information provided by Yukon with respect to employer misrepresentation or non-compliance with federal and/or territorial legislation in the issuance or denial of LMOs and/or work permits. This includes any requirements respecting the licensing of employment agencies in Yukon.
6.4 Canada and Yukon will jointly ensure that TFWP requirements are clearly communicated to all parties that have responsibilities and obligations under the program in a timely manner.
6.4.1 Yukon will provide CIC with relevant sources of information respecting living and working in Yukon, and CIC will make these sources known and available to TFWs prior to or upon their entry into Canada.
6.5 CIC will actively engage with the Canadian Border Services Agency (CBSA) to make operational improvements to ensure enforcement of terms associated with work permits.
7.0 Innovative initiatives
7.1 The Canada-Yukon Working Group on Temporary Foreign Workers, as referred to in section 9.1 of this Annex, will initiate, where feasible, the following pilot projects within 12 months of signing this Annex:.
- Developing a work permit for certain regulated professions as determined by the Working Group referred to above, with terms and conditions that will enable licensing and work on the same permit.
- Spouses of TFWs engaged in work within the NOC C and D skill categories in Yukon being eligible to receive open work permits.
- Dependents, aged 18-22, of all TFWs in Yukon being eligible to receive open work permits.
7.2 Subject to regulatory authority, CIC (in consultation with the Working Group referred to in section 9.1) will work toward developing occupation-specific (but non-employer specific) work permits for TFWs working in Yukon in industries that meet its economic development needs, in a manner that does not negatively affect the normal functioning of the local or national labour market, to permit limited mobility of certain high-skilled TFWs within a particular industrial sector.
7.3 The Working Group referred to in section 9.1 will work toward developing a process to allow entry of TFWs for major infrastructure projects in a manner that does not negatively affect the normal functioning of local or national labour markets. Examples of the types of projects that may need TFWs include the potential Alaska Highway Gas Pipeline, mineral exploration, and the start-up and operation of new mines in Yukon.
7.4 The Working Group referred to in section 9.1 will develop a streamlined process to assist those employers who have a requirement to hire TFWs to support the seasonal nature of Yukon’s tourism and hospitality industry in a manner that does not negatively affect the normal functioning of local or national labour markets.
7.5 The Working Group referred to in section 9.1 will draft its Terms of Reference to be consistent with the responsibilities assigned to it under this Annex.
8.0 TFW Program accountability and evaluation
8.1 Canada and Yukon agree to encourage research related to the TFWP, and to annually share their respective research priorities and planned activities, and to cooperate on research initiatives and evaluations, as appropriate. Where appropriate, the Parties further agree to share with each other the results of any such research and evaluation activities.
8.2 Canada and Yukon agree to co-operate to improve the capture and understanding of TFWP accountability measures such as processing times and occupational coding of work permit recipients destined to Yukon to support the ongoing review and evaluation of the TFWP.
8.3 Canada will evaluate the national TFWP on a five-year cycle so as to meet federal government accountability and evaluation requirements. The operation of the federal TFWP within Yukon will be evaluated as a component of the national study of the national TFWP. Canada will lead the evaluation of the national TFWP, including the development of the evaluation framework and other national evaluation activities. Yukon will cooperate with Canada, including the sharing of relevant program information and data, to the extent permitted by law. Canada will provide Yukon with copies of all TFWP evaluations. Similarly, Yukon will share with Canada the results of any and all evaluations it performs of the TFWP in its territory.
8.4 CIC agrees to develop means and procedures to code the work permits of TFWs who are destined to work in Yukon in such a way that data pertaining to that group can be extracted from the data for the overall national TFWP, and shared with Yukon, within the limits of Canada’s management information technology. This includes noting work permits that are issued under a Yukon recommendation as described in section 4.0 of this Annex, and work permits issued under the provisions of section 7.0 of this Annex.
8.5 Canada and Yukon agree to undertake a joint review of the pilots outlined in section 7.0. Process and review timelines will be established by the Working Group, referenced in section 9.1.
8.6 Canada and Yukon will collaborate on the development and implementation of any future TFWP accountability measures that relate specifically to the functioning of the TFWP in Yukon.
9.0 Governance and other
9.1 In this Annex, the Canada-Yukon Working Group on Temporary Foreign Workers refers to the Working Group to be established within six months of the signing of this Annex by representatives of the Departments and Ministries of the signatories to this Annex, as well as representatives from related Ministries.
9.1.1 Canada and Yukon agree to maintain the TFW Working Group to oversee the implementation of this Annex and to meet the ongoing objectives set out in this Annex.
9.1.2 The TFW Working Group will report to the Joint Coordinating Committee, as established in the Agreement for Canada-Yukon Cooperation on Immigration, on an annual basis.
9.2 In the case of a dispute or disagreement under this Annex, Canada and Yukon agree to use the dispute resolution process outlined in the Agreement for Canada-Yukon Cooperation on Immigration.
9.3 Notwithstanding the termination of the General Provisions of the Agreement, all provisions of this Annex and any amendments to it will remain in effect indefinitely, subject to section 9.6 of this Annex. The Parties agree to review the operation of this Annex every three years.
9.4 In keeping with the objectives set out in section 3.0 of this Annex, Canada will be open and transparent concerning its intention to enter into agreements with other Provinces or Territories respecting TFWs. Canada will provide, at Yukon’s request,
- copies of other federal-provincial-territorial agreements made under section 204 (c) of the IRPR; and,
- access to terms and conditions of other federal-provincial-territorial TFW agreements.
9.5 Any term of this Annex may be amended by the written mutual consent of the signatories of this Annex or by their designate subject to any required approval or authorization including the approval of the Governor-in-Council.
9.6 This Annex may be terminated by either Yukon or Canada at any time by providing twelve months’ notice in writing to the signatories to the Annex.
9.7 Yukon will advise Canada on any proposed arrangement to be entered into with another party to carry out Yukon’s responsibility under this Annex.
9.8 This Annex will take effect on the date that it is signed by the last of the Parties to do so.
In Witness Whereof this Annex has been signed by the Parties on the dates written below:
The Government of Canada
The Honourable Diane Finley
Minister, Human Resources and Skills Development