Canada-Northwest Territories Agreement on Territorial Nominees
1.1 The Canada-Northwest Territories Agreement on Territorial Nominees (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 Northwest Territories, as represented by the Minister of Education, Culture and Employment (hereinafter referred to as “the Northwest Territories”)
1.2 AND WHEREAS the Parliament of Canada has enacted the Immigration and Refugee Protection Act (hereinafter referred to as the “IRPA”);
1.3 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;
1.4 AND WHEREAS the Canadian Charter of Rights and Freedoms guarantees the equality of status to English and French as the official languages of Canada;
1.5 AND WHEREAS the Official Languages Act of the Northwest Territories recognizes 11 official languages within the Northwest Territories, which include: English, French, North Slavey, South Slavey, Inuinnaqtun, Inuktitut, Inuvialuktun, Gwichin, Cree, Dogrib, Chipewyan;
1.6 AND WHEREAS subsection 10(2) of the IRPA requires the Minister of Citizenship and Immigration to consult with the provinces and territories 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;
1.7 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 and territories for the purposes of the IRPA;
1.8 AND WHEREAS the Northwest Territories is authorized to enter into this Agreement with Canada under the Northwest Territories Legislative Assembly and Executive Council Act;
1.9 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;
1.10 AND WHEREAS the Northwest Territories recognizes the objective of the IRPA to support and assist the development of minority official languages communities in Canada and shares a mutual interest in enhancing the vitality of French linguistic minority communities in the Northwest Territories;
1.11 AND WHEREAS Canada and the Northwest Territories recognize the contribution that First Nations people of the Northwest Territories make to the demographic, social, humanitarian and economic objectives of the Territory and acknowledge the long-term benefits of supporting the local population of the Northwest Territories.
1.12 AND WHEREAS Canada and the Northwest Territories recognize the contribution that the Northwest Territories resident population make to the demographic, social, humanitarian and economic objectives of the Territory and acknowledge the long-term benefits of supporting the Northwest Territories resident population.
1.13 AND WHEREAS Canada and the Northwest Territories 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;
1.14 AND WHEREAS Canada and the Northwest Territories share a mutual interest in:
- enhancing the role of immigration in addressing demographic, economic and labour market trends in the Northwest Territories;
- planning and coordinating their immigration activities, based on cooperation, consultation and information sharing;
- working in partnership with stakeholders, including federal, provincial, territorial, municipal and First Nations governments, educational institutions and non-governmental organizations, ethnic organizations, communities, and employers to facilitate the attainment of immigration objectives;
Therefore Canada and the Northwest Territories agree as follows:
2.1 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;
- “Party” means Canada or the Northwest Territories and “Parties” means Canada and the Northwest Territories;
- “Dispute” means a conflict or disagreement between the Parties respecting
- the interpretation, application, implementation of this Agreement, or the IRPA or IRPR;
- a breach or anticipated breach of this Agreement; or
- other matters identified in the Agreement; and
- that the Designated Representatives have been informed in writing of the conflict as per clause 3.1 of Appendix A – Dispute Management and Resolution Procedures
- “Processing pause” means that territorial 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.
- A reference to “territorial nominee” and “Northwest Territories Nominee Program” includes reference to a province under subsection 8(1) of the IRPA.
3.0 Purpose and Objectives
3.1 The purpose of this Agreement is to define the roles and responsibilities of Canada and Northwest Territories in relation to the Provincial Nominee Class as described in section 87 of IRPR and, in accordance with section 8(1) of the IRPA, to establish provisions concerning the selection of and acquisition of status by foreign nationals nominated by Northwest Territories.
3.2 The objectives of this Agreement are:
3.2.1 To strengthen Northwest Territories’ ability to enhance the economic benefits of immigration to the territory taking into account Northwest Territories’ economic priorities as well as the development of minority official language communities in the territory;
3.2.2 To recognize that the Northwest Territories Nominee program, as established by section 87(1) of the IRPR, is a jointly administered immigration program, where:
- Northwest Territories is responsible for:
- the recruitment and nomination of territorial nominees on the basis of their ability to economically establish and settle in Northwest Territories;
- the promotion of Northwest Territories Nominee Program; and
- ensuring that effective performance monitoring and evaluation systems, consistent with the national Provincial Nominee Program Performance Measurement and Evaluation Frameworks, are in place in Northwest Territories;
- Canada is responsible for:
- ensuring that applicants admitted under the program have met the requirements of membership in the economic class as provided under IRPA, and that they are assessed for nomination using criteria designed to determine their eligibility for consideration in the economic class;
- making the final selection and admissibility decisions and issuing visas; and
- ensuring that performance monitoring and evaluation systems are in place at the federal level to ensure that the national program continues to meet its economic objectives.
3.2.3 To admit Northwest Territories Nominees for permanent residence as expeditiously as possible, taking into account:
- Northwest Territories’ annual immigration levels plan including its nominee plan;
- Canada’s projected annual immigration levels per section 94 of the IRPA;
- Number of nomination certificates issued in each calendar year, as referred to in section 5.3;
- Legislative and regulatory requirements, including Ministerial Instructions; and
- Operational and resource constraints.
4.0 Shared Principles
4.1 Canada and the Northwest Territories agree to abide by and uphold the following shared principles:
4.1.1 The Northwest Territories is best positioned to:
- determine the specific economic and labour market needs of the Territory vis-à-vis immigration; and
- Assess and nominate candidates that will meet these economic and labour market needs and have the ability and intention to economically establish and settle in Northwest Territories.
4.1.2 Canada is responsible for the overall management of the movement of permanent and temporary residents to Canada and, in accordance with section 94 of IRPA, for the establishment of an annual immigration plan containing a projection of the number of immigrants to be admitted to Canada each year in total and in each immigrant category; and, in accordance with section 87.3 of IRPA, for the processing of applications and requests in a manner that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada in carrying out its responsibilities under sections 94 and 87.3.
4.1.3 Canada is responsible for the creation of immigration classes within the legislation; Northwest Territories is responsible for the design, administration, monitoring, evaluation and integrity of its Nominee Program, and may create categories within this program to the extent that these categories identify individuals solely on the basis of their ability and intention to economically establish and settle in Northwest Territories, and are compatible with the definitions and criteria applicable to the Provincial Nominee class under IRPA and IRPR and with national immigration policy;
4.1.4 Canada will process provincial nominee applications from all provinces and territories equitably and as expeditiously as possible within the national levels plan, subject to the provisions of section 5.3, operational and resource constraints and balancing multiple competing priorities;
4.1.5 Canada and the Northwest Territories recognize the importance of the Northwest Territories Nominee Program as a strategic tool for significant economic benefit in the region;
4.1.6 Canada and the Northwest Territories recognize the importance of proactively encouraging the development of minority official languages communities in Northwest Territories;
4.1.7 Canada and the Northwest Territories recognize the importance of communication and cooperation to ensure program integrity, effective management and successful outcomes;
4.1.8 Canada and the Northwest Territories recognize the importance of standardized methodology for all Provincial Nominee Program evaluations to ensure that performance information common to all jurisdictions is collected and evaluated in a comparable manner;
4.1.9 Canada recognizes the legitimate requirement for exploratory visits by potential nominee immigrants to the Northwest Territories and will take into consideration the Northwest Territories’ representations in determining applications for temporary resident status from such foreign nationals;
4.1.10 Canada and the Northwest Territories recognize the importance of the Northwest Territories Nominee Program as a tool for spreading the benefits of immigration across Canada and the critical role that the settlement and retention of provincial nominees in the nominating jurisdiction plays in achieving this goal.
5.0 Planning and Reporting
5.1 Northwest Territories will develop a Northwest Territories Nominee Program plan based on the shared principles agreed to by the parties in section 4.1. Northwest Territories will submit this plan to Canada on an annual basis and in advance of consultations, to be considered in developing Canada’s projections for Canada’s immigration levels planning. In establishing its Nominee Program plan, Northwest Territories will consult with Canada, taking into account Canada’s role in national immigration policy and planning.
5.2 Northwest Territories Nominee Program plan shall include but is not limited to the elements identified in Schedule A.
5.3 Canada will make all reasonable efforts to incorporate the Northwest Territories Nominee Program plan into Canada’s immigration plan. The number of Northwest Territories Nominee Program nominations, as set by Canada, in consultation with the Northwest Territories, may be adjusted at any time during the year upon agreement by both Parties. Any nominations issued above the aforementioned amount for any given calendar year will be retained by the territory until the following calendar year. In the event that the number of certificates received by Canada is greater than the amount for the current calendar year, the excess certificates will be returned to Northwest Territories. Northwest Territories will be responsible for advising those nominees affected that their certificates have been returned and will be held by Northwest Territories until January 1 of the following year. In the event of a lower number of certificates than projected, Northwest Territories will make best efforts to inform Canada.
5.4 Reporting on the Northwest Territories’ levels planning will be undertaken as follows:
5.4.1 By March 31st of each year, Northwest Territories will provide Canada with an annual report for the preceding year on Northwest Territories Nominee Program plan and the results achieved based on calendar year; and
5.4.2 The annual report will include but is not limited to the elements outlined in Schedule B. The Territory will amend the annual report, as required, to ensure that it includes performance indicators listed in the Provincial Nominee Program national performance framework outlined in section 9.3.
6.0 Assessment and Nomination
6.1 Northwest Territories has the sole and non-transferable responsibility to assess and nominate candidates who, in Northwest Territories’ determination:
6.1.1 Will be of benefit to the economic development of the Northwest Territories; and
6.1.2 Have the ability and intention to economically establish and permanently settle in Northwest Territories subject to sections 6.2 through 6.8.
6.2 In order to exercise its nomination authority under this Agreement, Northwest Territories will develop objective and transparent criteria for nomination which will be designed to assess the ability of the applicant to become economically established in Northwest Territories and to demonstrate the economic benefit to the territory. The Northwest Territories will codify and publish PNP requirements, policy and procedures in publically available directives. Applicants will be required to meet these criteria in order to be nominated. The Northwest Territories will respect the principles and objectives of this Agreement in developing and implementing its criteria and procedures.
6.3 The Northwest Territories will provide Canada with all necessary information regarding the criteria, policies and procedures that it has established for the categories under its Nominee Program, as outlined in Schedule C, prior to the introduction and/or modification of any PNP stream, category or pilot project. Canada will conduct a review and, if it has determined that the proposed changes are consistent with IRPA, IRPR and national immigration policies, Canada and Northwest Territories will agree to them. The timing and duration of this review, which will vary according to the complexity of the proposed changes, will be mutually agreed upon by Canada and Northwest Territories to the extent possible prior to the start of the review process, taking into account resource constraints. Northwest Territories will only implement the new or amended PNP stream, category or pilot project once Canada and the Northwest Territories have reached agreement.
6.4 Northwest Territories Nominee applicants will be nominated solely on the basis of economic benefit to Northwest Territories and their ability and likelihood of becoming economically established and permanently settling in Northwest Territories. Economic establishment will be determined on the basis of the following factors: current job or job offer, language ability, work experience, and education and training.
6.5 The Northwest Territories agrees to maintain the minimum language standards implemented on July 1, 2012 for territorial nominees at NOC skill levels C and D and work toward establishing minimum language standards and mandatory testing for all other territorial nominees.
6.5.1 For those streams, categories or occupations subject to minimum language standards and mandatory testing, the Northwest Territories will ensure that nominations are based on valid language test results. The Northwest Territories will require those applicants to have their proficiency assessed in the English or French language by an organization or institution designated by Canada and these applicants must have obtained proficiencies for their abilities to speak, listen, read and write that correspond to agreed-upon benchmarks. Only language test results from an organization or institution designated by Canada and the correlation of those results with the agreed upon benchmarks will be accepted as evidence of the applicant’s proficiency in an official language for the purposes of this provision. The official notification of the results issued by the designated organization, or a copy, must be included with the application for permanent residence. The benchmarks are as follows:
- In the case of an applicant who has a job offer for an occupation listed in Skill Level C or Skill Level D of the National Occupational Classification, or has acquired work experience in one or more occupations that are listed in Skill Level C or Skill Level D of the National Occupational Classification matrix, applicants must have obtained proficiencies that correspond to the Canadian Language Benchmark of 4 or higher in each of the following competencies: speaking, listening, reading and writing.
6.5.2 As applicants in other streams, categories or occupations become subject to minimum language standards and mandatory testing, the Northwest Territories will follow the same process as outlined in section 6.5.1 to ensure that these applicants have obtained proficiencies for their abilities to speak, listen, read and write that correspond to agreed upon benchmarks.
6.5.3 Applications for permanent residence which require the submission of language test results as per section 6.5.1 and which do not include valid language test results, or the language results do not meet the above requirements, will be returned to the applicant.
6.6 Non-economic factors, including but not limited to family connections or community ties, shall not constitute an eligibility condition under any stream or category under the PNP nor shall they be considered as factors in determining an applicant’s ability to become economically established in Northwest Territories. The nomination criteria of each Northwest Territories Nominee category shall clearly demonstrate the economic benefit to the Territory and the applicant’s ability to become economically established in the Northwest Territories.
6.7 Non-economic factors may only be used to assess the applicants likelihood to reside and settle in the Northwest Territories, after the applicants ability to economically establish has been determined.
6.8 In exercising its nomination authority under this Agreement, the Northwest Territories will apply the criteria for nomination referred to in sections 6.1 through 6.7 above and follow the policy and procedures established by the Northwest Territories, as amended from time to time, insofar as these criteria, policy and procedures are consistent with the IRPA, the IRPR or any successor legislation and regulations, national immigration policies and the terms of this Agreement. These criteria will be applied to all individuals applying under the Northwest Territories Nominee Program and the Northwest Territories does not have the authority to waive these criteria.
6.9 The Northwest Territories will not issue a nomination certificate to:
6.9.1 Any person whose employment is likely to affect the settlement of any labour dispute or affect the employment of a person involved in such a dispute, or whose employment will adversely affect employment or training opportunities for Canadian citizens or permanent residents in Northwest Territories;
6.9.2 Any person who intends to enter, has agreed to enter, or has entered into an “immigration-linked investment scheme” as described in section 87 of the IRPR, or its successor.
6.10 The Northwest Territories will keep written or electronic records of its assessments of its nominees against those criteria for a minimum of six years from the date of nomination and share those records with Canada if requested to do so, subject to section 10.1 (Information Exchange).
6.11 The Northwest Territories is responsible for conducting due diligence to ensure that the applicant has the ability and is likely to become economically established and settle in Northwest Territories. Notwithstanding the foregoing, Canada retains the right to request additional documentation from the nominee which supports the nominee’s ability and likelihood to become economically established and settle in Northwest Territories and to substitute its evaluation of the applicant’s ability to become economically established in Canada pursuant to subsection 87(3) of the IRPR. In exercising its responsibilities under sections 6.14 and 6.16, Canada may also seek clarification and request documentation from Northwest Territories on its assessment, the record of which is required under sections 6.10 and 10.3.
6.12 The Northwest Territories will issue a dated nomination certificate number, valid in accordance with the Northwest Territories’ administrative requirements, for each territorial nominee. The certificate will specify information related to the category under which the nomination has been made. For security reasons, the Northwest Territories will forward a record of the certificate, by electronic means, to the location specified by Canada. A nomination certificate received directly from the candidate or other parties will not be accepted as evidence pursuant to sections 6.1 and 6.13. Subject to section 5.3, nominees must file an application for immigration within the time limit specified on the nomination certificate.
6.13 Canada shall consider the Northwest Territories’ nomination as evidence that the Northwest Territories has carried out its due diligence determining that an applicant will be of economic benefit to the Northwest Territories and has met the requirements of the Northwest Territories Nominee Program.
6.14 Subject to section 5.3, Canada agrees to process applicants nominated for Permanent Resident status by the Northwest Territories as expeditiously as possible with a view to achieving targets that have been integrated into Canada’s immigration levels plan, and to balancing multiple competing priorities.
6.15 Canada will communicate the terms of this agreement to offices involved in the processing of Provincial Nominee Program cases to ensure consistent application of all principles agreed upon at processing offices.
6.16 Upon receipt of the Certificate of Nomination from the Northwest Territories, Canada will:
6.16.1 Determine the eligibility of the nominee as a member of the Provincial Nominee Class pursuant to section 87 of IRPR;
6.16.2 Determine the admissibility of the nominee and his or her dependants with respect to legislative requirements; and
6.16.3 Issue permanent resident visas to territorial nominees and accompanying dependants who meet all the requirements of the Northwest Territories Nominee Program and the eligibility and admissibility requirements of IRPA and IRPR.
6.17 Should Canada determine that an individual nominated by the Northwest Territories is likely to be refused a permanent resident visa based on the applicant’s inability to meet the requirements of the Northwest Territories Nominee Program and the requirements of membership in the Provincial Nominee Class as per the IRPR and this Agreement, the Northwest Territories will be notified immediately, taking into consideration local operating environments, and consulted regarding the reasons for possible refusal.
6.18 The Northwest Territories may raise concerns or seek clarification from the assessing office with respect to a potential refusal, where the refusal is based on a finding that the applicant does not satisfy the requirements for membership in the Provincial Nominee Class in accordance with the provisions of 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 relevant processing office within the 90-day period.
6.19 In all instances other than those described in section 6.17, where Canada determines that an individual nominated by the Northwest Territories does not meet the admissibility requirements of IRPA, Canada will refuse without notifying the Northwest Territories before the final decision. Canada will forward a copy of the refusal letter to the Northwest Territories. The refusal letter will include the reason(s) for which the application was refused.
6.20 Given the importance of communication and cooperation between Canada and the Northwest Territories in assuring program integrity, where Canada has refused an applicant on the basis of misrepresentation under section 40 of IRPA, Canada will provide the Northwest Territories with the records of its decision as set out in section 6.19 and, for consistency, the Northwest Territories will withdraw its nomination.
7.0 Admission as a Temporary Resident
7.1 Where an individual nominated by the Northwest Territories has received a job offer from an employer in that territory, Canada may issue a work permit pursuant to the IRPR, if the work permit application includes a letter from the Northwest Territories that:
7.1.1 states that the nominated individual is urgently required by the employer; and
7.1.2 determines that:
- The job offer is genuine and the job offer will create economic benefits or opportunities;
- The employment is not part-time or seasonal;
- The wages and working conditions of the employment would be sufficient to attract and retain Canadian citizens; and
7.1.3 Requests Canada to issue a work permit.
7.2 The Northwest Territories will be responsible for conducting due diligence to ensure the genuineness of the job offer and that the individual is urgently required by the employer.
8.0. Promotion and Recruitment
8.1 Canada and the Northwest Territories 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 the Northwest Territories’ intent to pursue an immigration recruitment policy to meet its demographic, social, cultural and economic objectives.
8.1.1 Canada and the Northwest Territories agree to co-operate in the targeted promotion and recruitment of Immigrants and Temporary Residents, including territorial nominees and temporary foreign workers by working together in the following areas:
- The Northwest Territories will provide Canada with the Northwest Territories’ annual provincial nominee levels plan and objectives and Canada will ensure that its staff are informed about the Northwest Territories’ plan and objectives;
- The Northwest Territories 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 the Northwest Territories about optimum recruitment opportunities through Canadian missions abroad in order to meet the Northwest Territories’ immigration needs;
8.1.2 In furtherance of the objectives of the Agreement and its Annexes, the Northwest Territories may undertake targeted active recruitment initiatives including:
- participation at trade fairs and other targeted missions, including those targeting potential francophone immigrants;
- development of promotional materials describing the nature and quality of life in the Northwest Territories;
- provision of information on a Northwest Territories-maintained website to prospective immigrants who intend to reside and work in the Northwest Territories;
- preparation of information for staff working in Canadian missions abroad to assist in identifying promotion and recruitment opportunities;
- consultation with representatives of Official Language Minority Communities in the Northwest Territories;
- consultation with regional and community representatives; and
- targeted promotion to temporary residents present in the Northwest Territories (international students, temporary workers and visitors).
8.1.3 Canada agrees to make all practical efforts to assist the Northwest Territories to identify prospective Immigrants and Temporary Residents to fulfill the Northwest Territories’ targets in its labour market strategy and Provincial Nominee levels plan, subject to operational and resource constraints. This includes:
- directing potential applicants in permanent and temporary streams through Canada’s immigration-related websites to visit the Northwest Territories’ website;
- displaying Government of the Northwest Territories promotional materials provided by the Northwest Territories at selected Canadian missions abroad;
- participating in provincially initiated missions to attract immigrants within the limits of mission resources;
- inviting the Northwest Territories to participate in appropriate training or information sharing exercises with program managers and other mission staff to communicate the Territories specific needs and opportunities;
- inviting the Northwest Territories to participate in national initiatives which provide opportunities to identify and recruit immigrants; and
- assisting the Northwest Territories in identifying overseas labour market and demographic information, as available, to assist in niche market recruitment.
8.1.4 This Agreement does not preclude either Party from undertaking promotion and recruitment activities independently.
8.1.5 The Northwest Territories may enter into partnership 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 partnerships.
9.0 Program Evaluation
9.1 Canada will conduct a national evaluation of the Provincial Nominee Program on a five year cycle in order to meet federal accountability and evaluation requirements. The evaluation will include the relevant components of the Northwest Territories Nominee Program determined by Canada as necessary for a national evaluation. The Northwest Territories is committed to cooperate to this end. Canada will be responsible for the costs of the national evaluation.
9.2 Canada will develop a national evaluation framework for the Provincial Nominee Program in consultation with all jurisdictions that have a Provincial Nominee Program, including the Northwest Territories. The national evaluation framework will establish common definitions, performance indicators and data collection methodologies for all jurisdictions, including the Northwest Territories. These may be adjusted from time to time. These common components will ensure consistency and comparability within the evaluation process.
9.3 Canada will consult with all jurisdictions, including the Northwest Territories, in the development of a national performance measurement framework for the Provincial Nominee Program. The Northwest Territories agrees to collect ongoing performance information as identified in this framework and to report on all indicators contained therein to Canada on an annual basis.
9.4 On a five-year schedule, the Northwest Territories will conduct rigorous evaluations of its Nominee Program that utilize both qualitative and quantitative methodologies and multiple lines of evidence. The evaluations will examine program performance, including the extent to which desired outcomes are achieved, and incorporate data collected as per the national performance measurement framework and the Northwest Territories’ Annual Report as per Schedule B. The Northwest Territories will provide a copy of these evaluations, which will include a description of methodologies used, to Canada upon completion.
9.5 In addition to the data reported annually under section 9.3, the Northwest Territories will ensure that the requisite information as identified in section 9.2 is available for the national evaluation. The Northwest Territories will cooperate with Canada, to the extent permitted by law, including the sharing of relevant program information and data, and facilitating access to program staff and clients for the purpose of gathering additional information required for the national evaluation.
9.6 Subject to applicable legislation and policies governing the disclosure of personal information, Canada and the Northwest Territories agree to share information on prospective and actual immigrant landings to aid in the evaluation and management of the Northwest Territories Nominee Program.
10.0 Information Exchange
10.1 Canada and the Northwest Territories 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, security of records and other possible agreements or arrangements:
10.1.1 The Privacy Act and supporting guidelines on Privacy and Data Protection and the Government of Canada Security Policy and supporting operating directives and guidelines covering the administrative, technical and physical safeguarding of any Personal Information (the said supporting guidelines, policies and directives hereinafter referred to as the “Supporting Guidelines”); provided that the Northwest Territories is provided with prior written notice of the Supporting Guidelines and any changes made from time to time to those Supporting Guidelines; or
10.1.2 The Access to Information and Protection of Privacy Act of the Northwest Territories and related directives and guidelines governing the administrative, technical and physical safeguarding of the Personal Information; whichever shall apply.
10.2 The mechanisms by which information is to be shared between Canada and the Northwest Territories and the conditions for use of the information will be agreed in a separate arrangement or agreement.
10.3 In order to facilitate the exchange of information between Canada and the Northwest Territories, the Northwest Territories will obtain a signed consent from each nominee and dependents, allowing the Northwest Territories and Canada to share information regarding the nominee’s application, including the processing thereof, and for the purposes of program monitoring and evaluation.
10.4 The Northwest Territories will maintain assessment records for each candidate nominated under this Agreement and will provide Canada, subject to section 10.1 (Information Exchange), with access to these records for review purposes. These records will be retained for a minimum period of six years from the date of nomination.
10.5 The Northwest Territories will provide monthly nomination reports to Canada. These reports will include, but will not be limited to identification information for each applicant (full name, date of birth, citizenship), the nomination certificate (certificate number and expiry date) and stream (stream/category name and type), the applicant’s intended occupation, NOC code, and language test results (where required).
10.6 Canada will provide monthly reports on the processing and landing of Nominees destined to the Northwest Territories as well as any other type of report provided to other provinces and territories pursuant to their Provincial Nominee Agreements.
10.7 The parties undertake to give one another notice of any change in procedure, policy, regulations or legislation relating to their respective programs or operations that is likely to affect the Nominee program.
11.0 Dispute Management and Resolution
11.1 In the case of a dispute under the Agreement, Canada and the Northwest Territories agree to follow the dispute management and resolution process provided for in Appendix A – Dispute Management Procedures.
11.2 Notwithstanding section 11.1, upon notification in writing, as per section 3.1 of Appendix A, that a Dispute exists regarding the interpretation or implementation of IRPA, the IRPR and this Agreement as they apply to territorial nominees, including the territory’s criteria to assess an individual’s ability to economically establish, Canada may, at any time during the Dispute Management Process, impose a Processing Pause on the application(s) under Dispute until the Dispute is resolved.
11.2.1 Canada will provide written notification to the Northwest Territories of the date when the Processing Pause will start.
11.2.2 Canada will provide written notification to the Northwest Territories of the date when the Processing Pause will end.
12.0 General Provisions
12.1 The designated representatives for the purpose of communication and notification pursuant to this Agreement are:
- for Canada, the Director, Economic Immigration Policy and Programs, Immigration Branch; and
- for the Northwest Territories, the Assistant Deputy Minister, Labour and Income Security.
12.2 Canada’s and the Northwest Territories’ practices under this Agreement are subject to audit by the respective audit and evaluation agencies of each jurisdiction. The Parties agree to provide full cooperation and information if, when and where such audits take place.
12.3 Subject to section 12.4, the duration of this Agreement is five (5) years from the date it comes into effect.
12.4 This Agreement 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. This Agreement may be terminated by either Party before the Agreement expires by written notice provided at least one (1) year in advance.
12.5 In the event of termination of this Agreement before the expiry date, Canada and the Northwest Territories agree that they will work together to ensure that services to clients whose applications are already being processed will not be unduly affected or interrupted by the termination.
12.6 Both Parties will take reasonable steps to reduce any costs attributable to a termination of the Agreement, and to minimize any negative impacts on clients.
12.7 The Parties undertake to give one another notice of any change in policy, regulations or legislation relating to their respective programs that is likely to affect this Agreement.
- Canada and the Northwest Territories 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 operation of this Agreement.
- Canada and the Northwest Territories will provide advance notice to each other of announcements and new initiatives relevant to the Agreement and, where appropriate, explore the possibility of joint communications by the Parties.
12.8 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 respecting Provincial Nominee Programs and Canada will provide, at the Northwest Territories’ request, other federal provincial agreements made under section 8 of the Immigration and Refugee Protection Act, and will negotiate amendments to this Agreement, taking into consideration the different needs and circumstances of the provinces and territories.
12.9 Canada and the Northwest Territories agree to meet bilaterally as necessary for the purpose of ensuring that necessary communication for the furtherance of activities under this Agreement takes place, including the exchange of information regarding likely processing times for nominees, and ways that Canada and the Northwest Territories can cooperate to optimize these processing times.
12.10 The Northwest Territories will advise Canada on any proposed arrangement or agreement to be entered into with another party to carry out any activity on behalf of the Northwest Territories in relation to the Provincial Nominee Program.
12.11 This Agreement will come into effect on the date signed by the last of the Parties to do so.
12.12 The French and English versions of this Agreement are equally authoritative.
Signature – Her Majesty the Queen in Right of the Northwest Territories as represented by the Minister of Education, Culture and Employment
The Honourable Jackson Lafferty, Minister Education, Culture and Employment
Signature – Her Majesty the Queen in Right of Canada represented by the Minister of Citizenship and Immigration
The Honourable Chris Alexander, MinisterCitizenship and Immigration
SCHEDULE A – ANNUAL PLAN
Part A: Objectives, Principles and Priorities
- a program description of the Northwest Territories Nominee Program, including priorities.
Part B: Nomination Plan
- the total number of nomination certificates by category that Northwest Territories plans to issue, on a calendar year basis, over the next 3 years, updated annually;
- the estimated number of temporary foreign workers Northwest Territories expects to nominate in the following calendar year;
- a list of the top occupations that the Northwest Territories expects to be actively recruiting through its Nominee Program in the current year; and
- the total number of nomination certificates that Northwest Territories plans to issue to francophone applicants on a calendar year basis, over the next 3 years, updated annually.
Part C: Promotion and Recruitment
- description of activities that support and promote the growth of official language minority communities.
- identification of countries where the Northwest Territories intends to focus promotion and recruitment activities in the following year.
Part D: Program Integrity
- description of current and planned activities that support program integrity, including, but not limited to, anti-fraud and quality assurance exercises
Part E: Evaluations and Audits
- planned evaluation and audit activities
SCHEDULE B – ANNUAL REPORT
Part A: Objectives, Principles and Priorities
- overview of PNP, priorities and achievements
Part B: Results Achieved based on annual plan
- all elements included in the FPT PNP Annual Report, as amended from time to time by Canada, in collaboration with provinces and territories, in the following areas:
- Nominations Issued and PT Processing
- Nomination certificates issued, by month and by stream
- Nominees who were TFWs at time of nomination
- PT processing: Applications received, Applications declined, Nominations issued, Nominations withdrawn
- Landings, Retention and Economic Outcomes
- Nominees admitted who have not reported to Province/Territory within 3 months of landing
- Nominees Residing in Province/Territory
- Nominees Employed in Intended Occupations
- Annual Outcomes of Business Nominees
- Program Development, Promotion and Recruitment
- Promotion and recruitment activities, including those targeting development of OLMCs
- Contribution to development of OLMCs: Nominees reporting French as mother tongue or first official language
- Program Integrity
- Accountability tools in place
- Cases of fraud detected and certificates withdrawn due to fraud
- Default on good faith deposits/business bonds (business streams)
- Nominations Issued and PT Processing
- summary of program integrity activities including, but not limited to, anti-fraud and quality assurance exercises
- evaluation plans and/or results
SCHEDULE C – CHANGES TO THE NORTHWEST TERRITORIES NOMINEE PROGRAM
Part A: Introduction of a new stream or category
- Description of the proposed stream, including type of stream (one of the 6 Global Case Management System categories)
- What is the expected timeframe for this change?
- What are the Northwest Territories’ goals in creating this stream?
- Why is the introduction of this stream required/preferred, as opposed to the modification of an existing stream?
- What would be:
- The profile of the ideal candidate for this stream? Who is this stream’s target group?
- The projected volume of PT applications under this stream?
- The projected number of nominations under this stream, and its share of overall nominations?
- Criteria: The Northwest Territories to submit a table/chart listing the proposed criteria for the stream, the rationale for each criterion, and how each requirement will be verified. A template for this chart will be provided by Canada. The Northwest Territories will also provide any rating guide or points grid used to evaluate the criteria established.
- Process: in some cases, Canada may request that the Northwest Territoriessubmit a process map outlining the application process, including documents required at each step, what assessment and verifications will be done at each stage, and identifying decision-makers. Where needed, a template for this process map will be provided by Canada.
Part B: Modification or amendment of the eligibility criteria of an existing stream or category
- Description of the proposed changes to the stream criteria and/or application process
- What is the expected timeframe for this change?
- What does the Northwest Territoriesaim to achieve by making these changes?
- What impact (if any) does the Northwest Territories anticipate that these changes will have on:
- The projected volume of PT applications?
- The number of nominations issued under this stream and/or the importance of this stream within overall nominations?
- The PT application process?
- Analysis: the Northwest Territories to submit a table/chart listing the current stream criteria, the proposed changes to stream criteria, and the rationale for each change. A template for this chart will be provided by Canada. The Northwest Territories will also provide any rating guide or points grid used to evaluate the criteria established.
Part C: Closing/suspension of a current stream or category
- Which stream is the Northwest Territories planning to close/suspend?
- What is the effective date of this change?
- Why has the Northwest Territories decided to eliminate/suspend this stream?
- Does the Northwest Territories plan to replace this stream/category, or to refer this applicant population to a different stream within the current program?
- What impact (if any) does the Northwest Territories anticipate that this stream closure/suspension will have on:
- Overall nomination numbers?
- The distribution of nominations among the remaining streams?
- Is there a current inventory of applications under this stream? If so, how large?
- What are the timeframes for clearing the inventory of applications under this stream?
APPENDIX A – Dispute Management and Resolution Procedures
Canada and the Northwest Territories are committed to working together to implement the Canada-Northwest Territories Agreement on Territorial Nominees. Under this partnership, both parties contribute with their respective policies, programs, capacity and expertise and recognize and respect each other’s different roles and responsibilities under the Agreement.
1.1 This Appendix applies to the prevention and resolution of Disputes between Parties regarding the interpretation or implementation of this Agreement. 1.2 This Dispute management process shall not in any way limit the final authority of the Minister of Citizenship and Immigration of Canada respecting decisions to interpret and administer the Immigration and Refugee Protection Act or the Immigration and Refugee Protection Regulations (IRPR).
2.0 Dispute Prevention
2.1 The Parties agree to work together and make every reasonable effort to prevent and avoid Disputes arising under the Canada-Northwest Territories Agreement on Territorial Nominees, through the following activities:
- Designated Representatives
The parties agree to establish designated representatives to discuss and resolve matters relating to the implementation of this Agreement. The purpose of these contacts is to ensure that necessary communication occurs in respect of any planned or proposed new initiative and for the furtherance of activities under the Agreement.
The Parties agree to consult each other with reasonable advance notice when either Party is contemplating a policy, program or legislative change which could have a significant impact, fiscal or otherwise, on the other Party through the operation of this Agreement. Where applicable, CIC will determine whether changes proposed by Northwest Territories conform to the provisions within IRPA and IRPR.
- Initiation of Dispute Management Process
A Dispute as defined in Section 2.1.d. of this Agreement is said to begin when one Party informs the other in writing that there is a disagreement which needs to be resolved. Mutual agreement that a Dispute exists is not required.
3.0 Initiation of Dispute Management Process
3.1 A Dispute as defined in Section 2.1.d. of this Agreement is said to begin when one Party informs the other in writing that there is a conflict or disagreement between the parties which needs to be resolved. Mutual agreement that a Dispute exists is not required.
4.0 Officials’ Dispute Management through Informal Discussions
4.1 In the case of a Dispute under this Agreement, the respective officials from Canada and Northwest Territories will attempt to resolve the matter through information sharing, communications and informal discussions. 4.2 If the Parties are unable to resolve the Dispute within 30 days of its initiation, as defined in Section 3.1 above, through information sharing and communications, either Party may initiate the Dispute Resolution Process through bilateral meetings of the Designated Representatives described in section 12.9 of the Agreement.
5.0 Assistant Deputy Ministers Dispute Resolution Process
5.1 Either Party may refer the matter to the Assistant Deputy Minister-led Resolution Process by providing a written notice. Officials are responsible for gathering all appropriate information for consideration during bilateral meetings referred to in section 12.9 of the Agreement.5.2 Both Parties will exchange all relevant information and engage in bilateral discussions at least twice in an attempt to clarify and resolve the Dispute. Assistant Deputy Ministers will provide equal opportunities for representation by each Party, and attempt to resolve Disputes within 30 days and ensure clarity for the implementation of final decisions. Should the Dispute be resolved, Assistant Deputy Ministers will draft a short report identifying the issues that have been resolved and specific actions and timelines required to implement the resolution. 5.3 If Assistant Deputy Ministers are unable to resolve the Dispute within 30 days from the date of its referral to them, either Party may request that the Dispute be referred to their respective Deputy Ministers.
6.0 Deputy Ministers Dispute Resolution Process
6.1 Either Party may refer the matter to the Deputy Ministers Resolution Process by providing a written notice.6.2 Both Parties will exchange all relevant information and engage in bilateral discussions at least twice 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 30 days and ensure clarity for the implementation of final decisions. Should the Dispute be resolved, Deputy Ministers will draft a short report identifying the issues that have been resolved and specific actions and timelines required to implement the resolution.6.3 If Deputy Ministers are unable to resolve the Dispute within 30 days from the date of its referral to them, they would determine the appropriate course of action for its resolution, including elevating the Dispute to Ministers. 6.4 Ministers will provide advice and direction to their officials on an appropriate course of action to resolve the Dispute.
7.1 Within 3 months of the end of each calendar year, the Designated Representatives will issue a report outlining the various Disputes that arose during the previous calendar year, the resolution to those Disputes agreed upon by both Parties, and the status of Disputes that were outstanding at the end of the calendar year.