- the interpretation, application, implementation of this Agreement, the IRPA, or the IRPR;
- a breach or anticipated breach of this Agreement; or
- that the Designated Representatives have been informed in writing of the conflict as per clause 1.4 of Schedule B – Dispute Resolution Process;
- when Prince Edward Island asks the Department to hold processing on a specific application or multiple applications; or,
- when there is a Dispute between Canada and Prince Edward Island, as defined in section 2.1.2.d).
3. Purpose and Objectives
3.1. The purpose of this Agreement is to define the roles and responsibilities of Canada and Prince Edward Island in relation to the Program as described in Regulations to establish provisions concerning the selection of and acquisition of immigration status by foreign nationals endorsed for the Program by Prince Edward Island.
3.2. In the event of a conflict between this Agreement and the IRPA, or the IRPR, Canada and Prince Edward Island agree that the IRPA, or the IRPR shall prevail.
3.3. The objectives of this Agreement are:
3.3.1. To strengthen Prince Edward Island’s capacity to develop, deploy and retain a skilled workforce to address persistent and emerging labour market needs and address the economic development needs of the Atlantic Provinces. This will be accomplished through a collaborative approach to Immigrant selection that emphasizes a coordinated approach between Atlantic Provinces and Immigration, Refugees and Citizenship Canada, other federal and provincial government departments, employers, communities and Immigrant settlement service provider organizations. The Program will aim to improve the retention of Immigrants in the region and distribute the benefits of economic immigration to Atlantic Provinces, including its Francophone minority communities.
4. Roles and Responsibilities
4.1. To recognize that the Program as established by Regulations and this Agreement between Canada and Prince Edward Island is a federal immigration program, administered with assistance from participating provinces, where:
4.1.1. Prince Edward Island is responsible for:
- identifying key sectors for economic growth in Atlantic Provinces and making best efforts to support those sectors. It will be at the discretion of Prince Edward Island to identify and set labour market priorities. The work of all Atlantic Provinces would collectively support key sectors – including those identified as regional priority sectors;
- endorsing applicants where Prince Edward Island has confirmed that the applicant possesses:
- a Job Offer that is made by a designated Employer, which is genuine to the extent that it represents a real labour market need, is not fraudulent and would otherwise be attractive to a Canadian, and
- a settlement plan which responds to the settlement needs of the Principal Applicant and their accompanying family member(s) as identified by an approved immigrant settlement service provider organization. A list of approved immigrant settlement service provider organizations, as amended from time to time, is available on the Department’s website.
- mandatory onboarding training, and
- intercultural competency training where Prince Edward Island has deemed it appropriate or necessary, before applying for provincial endorsement.
4.1.2. Prince Edward Island has the ability to prioritize endorsement applications that have met the above criteria to maximize Program objectives and meet local labour market needs.
4.1.3. Prince Edward Island can refuse an endorsement if there is evidence that the endorsee does not meet the Program’s federal criteria.
4.1.4. Canada is responsible for:
- national immigration policy direction;
- the creation of immigration classes within the parameters set out in the IRPA and the IRPR;
- 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;
- the overall design and management of the movement of permanent and temporary residents to Canada and, in accordance with the report to Parliament filed per section 94 of the IRPA and according to section 87.3 of the IRPA, for the processing of applications and requests and selection of permanent residence in a manner that, in the opinion of the Minister of Citizenship and Immigration, will best support the attainment of the immigration goals established by the Government of Canada;
- assessment of applications to the Program to ensure that applicants admitted under the Program have met eligibility requirements provided under the Regulations and admissibility requirements as set out in the IRPA and the IRPR;
- final selection, admissibility decisions and visa issuance;
- providing enhanced Employer support services to designated Employers, through the Dedicated Service Channel, as defined in collaboration with Atlantic Provinces, and to reassess the support provided at a minimum every three years;
- providing mandatory onboarding training to provincially selected designated Employers who wish to participate in the Program, and advising Prince Edward Island of completion of training of such Employers;
- performance monitoring and evaluation, including ensuring that adequate measures are in place at the federal level to contribute to Program Integrity and Quality Assurance and ensure that the Program meets its objectives; and,
- in all cases, where Canada determines that an applicant does not meet the requirements of the Regulations under which they applied or the admissibility requirements of the IRPA, Canada will refuse the applicant without prior notice to the province and forward a copy of the refusal letter to Prince Edward Island. The refusal letter will include the reason(s) for the applicant’s refusal.
4.2. In carrying out its responsibilities under sections 94 and 87.3 of the IRPA, Canada is committed to working equitably with all participating provinces, including Prince Edward Island.
5. Shared Principles
5.1. Canada and Prince Edward Island agree on the importance of the following shared principles:
5.1.1. the Program is an innovative tool for increasing permanent immigration, including Francophone immigration, across a wide range of occupations and skill levels and improving the retention of these Immigrants in Atlantic Provinces as a means to distribute the benefits of economic immigration;
5.1.2. the important role of immigration, including Francophone immigration, in supporting the economic development of communities in Atlantic Provinces;
5.1.3. focus on increasing economic growth of priority sectors identified by Prince Edward Island and ensuring that identified labour market needs and shortages are addressed in a timely manner and by enabling Prince Edward Island to Endorse a significant number of Immigrants outside of the Provincial Nominee Program;
5.1.4. enhanced communication, collaboration and coordination between the federal and provincial governments, Employers, educational institutions, communities and immigrant service provider organizations to improve settlement and retention of Immigrants in Atlantic Provinces and to ensure effective management of the Program and achieve desired outcomes;
5.1.5. the key role of Employers in achieving desired settlement and retention outcomes, particularly in the recruitment of candidates and providing support to Immigrants and their families, such as to inform them of the possibilities to settle in the official language of their choice, that will help facilitate the integration process;
5.1.6. the necessity of Program Integrity and Quality Assurance activities to maintain the integrity of the Program; and,
5.1.7. regular and robust reporting on processing times and performance, including key performance indicators, metrics and outcomes.
5.2. Recognizing the importance of presenting a coordinated and collaborative approach to immigration under the Program and supporting the retention of newcomers in Atlantic Provinces, Canada and Prince Edward Island agree that promotion of the Program to prospective applicants and Employers is a shared responsibility.
6. Planning and Reporting
6.1. Canada will consult with participating provinces on the annual endorsement allocation of Program spaces for Atlantic Provinces. This allocation may be adjusted at any time during the year upon agreement between Canada and the participating provinces.
6.2. Provinces will manage their endorsements to not exceed the annual endorsement allocation provided under the Program. Prince Edward Island agrees to respect overall program annual endorsement spaces.
6.3. Upon agreement between the participating provinces, annual endorsement spaces identified as likely to go unused in Prince Edward Island, may be redistributed among the remaining provinces provided that:
6.3.1. all annual endorsement spaces to go unused are identified by October 1, of each calendar year; and,
6.3.2. an agreement on the distribution of unused annual endorsement spaces, including the exact number of spaces to be received by each of the remaining provinces, is prepared by participating provinces and communicated in writing to the Assistant Deputy Minister of Citizenship and Immigration Canada by October 31 of the calendar year for which application endorsements are currently being issued.
6.4. By October 31, or periodically as agreed to by both Parties, Prince Edward Island will inform Canada of its progress in issuing endorsements for the calendar year.
6.5. Additional endorsement spaces received by Prince Edward Island through the redistribution can only be used within the same calendar year as the redistribution occurred. Redistributed spaces that are not filled by the end of the calendar year in which the redistribution occurred cannot be carried forward.
6.6. Only complete applications will be accepted by the Department for processing.
6.7. Any complete application received by the Department that exceeds the province’s annual endorsement allocation will not be processed and will be returned to the prospective applicant.
6.8. Reporting on Prince Edward Island usage of the Program will be undertaken as follows:
6.8.1. Prince Edward Island will provide Canada with quarterly progress reports on activities undertaken through the Program for the preceding three (3) months, in a format agreed upon with Canada. The report on activities will include, but will not be limited to, the elements outlined in the Canada-Prince Edward Island Memorandum of Understanding on Information Sharing, as agreed to by both parties; and,
6.8.2. Prince Edward Island will provide Canada with reports on the results achieved under the Program every twelve (12) months, in a format agreed upon with Canada. The report on results will include, but will not be limited to, the elements outlined in the Canada-Prince Edward Island Memorandum of Understanding on Information Sharing, as agreed to by both parties.
6.9. As part of its commitment to report on results, Prince Edward Island agrees to collect and report on the activities, outputs and outcomes of Employers and provincially-funded immigrant settlement service provider organizations, as specified in the Canada-Prince Edward Island Memorandum of Understanding on Information Sharing.
6.10. 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 Program.
7. Provincial Designation and Endorsement Processes
7.1. Prince Edward Island has the sole and non-transferable responsibility to:
7.1.1. designate Employers with genuine labour market needs who are eligible to identify applicants who meet those needs and who may apply to the Program; and,
7.1.2. endorse a prospective applicant for application to the Program, based on the genuineness of the Job Offer, the Employer’s commitment to create a welcoming workplace, verification of the Principal Applicant’s and their accompanying family member(s)’ settlement plan(s) and a commitment from the Employer to facilitate access to settlement services to meet identified needs which may include providing or paying for settlement services that are not otherwise available to the Principal Applicant and their family member(s).
7.2. Prince Edward Island agrees to accept only those applications for designation or endorsement submitted on the official designation and endorsement applications available on the Provincial website. Further, Prince Edward Island agrees to not make changes to the content of these forms without prior consultation and agreement from Canada and the other Atlantic Provinces.
7.3. In order to exercise its responsibility to designate Employers under this Agreement, Prince Edward Island will require the employer to make an application to the province. Prince Edward Island agrees that it will, at minimum, assess the application to determine that:
7.3.1. the Employer is not in violation of the IRPA or IRPR as indicated by information provided by Canada in response to a request from Prince Edward Island pursuant to the Canada-Prince Edward Island Memorandum of Understanding on Information Sharing;
7.3.2. the Employer is not a business or agency that recruits and hires individuals workers in order to establish a pool of prospective or current workers that can be later transferred or contracted to separate businesses for staffing purposes;
7.3.3. the Employer is in good standing with employment standards and occupational health and safety legislation and the business is genuine and has been in continuous, active operation under the same management for two years in one of the Atlantic Provinces, or, the employer can demonstrate continuous, active operation in another location and provide confirmation of approval from the Department of Economic Growth, Tourism and Culture signaling endorsement of corporate plans to relocate within Prince Edward Island;
7.3.4. the Employer agrees to take steps to create a welcoming workplace, including undertaking an intercultural competency assessment and completing any intercultural competency training where Prince Edward Island has deemed it appropriate or necessary;
7.3.5. the Employer completes the mandatory onboarding training;
7.3.6. The Employer agrees to supporting each Principal Applicant’s and their accompanying family member(s)’ access to the settlement service supports identified in their settlement plan(s), which may include providing or paying for settlement services that are not otherwise available to the Principal Applicant and their accompanying family member(s);
7.3.7. for the purposes of settlement supports and services, the Employer agrees to recognize the preferred official language of successful Program applicants and their families, and to facilitate links with francophone settlement supports and francophone communities, where available; and,
7.3.8. the Employer agrees to report to the province on the number of foreign nationals recruited under the Program, their employment status and details of their position/wage/hours, including the official language profile of the position, for three (3) years from the commencement of their employment, or the duration of their employment, whichever is less.
7.4. Prince Edward Island has the ability to pause designations and endorsements in certain sectors based on Prince Edward Island’s assessment of local labour market needs and immigration priorities.
7.5. Prince Edward Island will issue a dated designation signaling an Employer’s eligibility to participate in the Program. Prince Edward Island will conduct reviews of existing designations every two years or earlier if determined necessary by the province in its sole discretion. Reviews will determine if the original designation remains valid and to determine if the Employer continues to be in good standing with:
7.5.1. the IRPA/IRPR;
7.5.2. provincial legislation related to employment standards or Occupational Health and Safety (OH&S);
7.5.3. federal legislation related to employment standards or occupational health and safety;
7.5.4. federal or provincial human rights legislation; and,
7.5.5. all of the conditions and requirements of the Program as outlined in the employer designation and endorsement forms (including but not limited to following through on the settlement plan, mandatory onboarding training, conditions of the Job Offer, the reporting requirements and/or fails to comply with specific conditions set by the province).
7.6. Employer designation will be revoked in accordance with the compliance policy appended at Schedule A, where the Department of Economic Growth, Tourism and Culture becomes aware that the Employer is in violation of the IRPA or the IRPR and a warning, order, and/or administrative monetary penalty is issued, as indicated by information provided by Canada in response to a request by Prince Edward Island pursuant to the Canada- Prince Edward Island Memorandum of Understanding on Information Sharing.
7.7. Employer designation may be revoked, at the discretion of the province, in accordance with the compliance policy appended at Schedule A:
7.7.1. where the Department of Economic Growth, Tourism and Culture becomes aware of Fraud or Misrepresentation in the application for designation or endorsement or the application of the foreign national for permanent residence as it relates to the Job Offer;
7.7.2. where the Department of Economic Growth, Tourism and Culture has Program Integrity and Quality Assurance concerns or becomes aware of Fraud or Misrepresentation or Employer non-compliance with provincial and/or federal legislation related to employment standards or occupational health and safety that occur after initial designation;
7.7.3. where the Department of Economic Growth, Tourism and Culture becomes aware that the Employer is not meeting the conditions and requirements of the Program as outlined in the employer designation and endorsement forms (including but not limited to following through on the settlement plan, mandatory onboarding training, conditions of the Job Offer, no longer in good standing with Occupational Health and Safety (OH&S) or employer safety, and the reporting requirements and/or fails to comply with specific conditions set by the province);
7.7.4. where Prince Edward Island received information that an Employer has been found to be non-compliant with the Canadian Human Rights Act or any relevant provincial legislation by the body responsible for the administration of the federal or provincial human rights legislation, as applicable; or,
7.7.5. where Prince Edward Island determines that the Employer does not have a respectful and inclusive workplace.
7.8. Employer designation may be revoked by Prince Edward Island when a designated Employer has voluntarily requested withdrawal from the Program, if the Employer has no endorsed candidates which have yet to receive permanent residence status.
7.9. Where Prince Edward Island has revoked an Employer designation, Prince Edward Island will inform Canada in writing to a location specified by Canada that the Employer’s designation has been revoked, and the reason it was revoked at the same time that the Employer is notified. An update of the record of endorsement will be made to affected files, noting the de-designation. Prince Edward Island will provide the updated records of endorsement to Canada immediately upon de-designation of the Employer supporting the endorsement.
7.10. Prince Edward Island will be responsible for making all reasonable efforts to notify all affected applicants of the impacts of the de-designation and of the avenues of recourse available.
7.11. Where a designation has been revoked, Prince Edward Island will enforce the Compliance Policy referenced in Schedule A.
7.12. In exercising its responsibility to designate an Employer and Endorse prospective applicants under this Agreement, Prince Edward Island will apply the processes established under the Program, as referenced in section 7.1 through 7.11 and as amended from time to time by agreement of the Parties, 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. This process will be applied to all Employers designated and applicants endorsed under the Program, and Prince Edward Island does not have the authority to waive any part of these processes.
7.13. In exercising its responsibility to Endorse a prospective applicant for immigration, Prince Edward Island will require the Employer to complete an application for endorsement for each applicant to the Program. The application for endorsement must be accompanied by all agreed upon documentation as per the endorsement application. The application for endorsement will, at minimum, determine that the:
7.13.1. Job Offer is genuine, full-time and based on the labour market needs identified by the province;
7.13.2. Job Offer is sufficient to attract and retain Canadian citizens or permanent residents. The wages offered must fall within the range of wages for that particular occupation within the specified region, as identified by the federal government. The language requirement for the position must only be English or French;
7.13.3. Employer has committed to facilitate access to a minimum level of settlement support for the Principal Applicant and their accompanying family member(s) in the preferred official language of the applicant and their accompanying family member(s), as identified in their settlement plan(s), including language training as needed to reach level five of the Canadian Language Benchmarks in English/ niveau cinq des Niveaux de compétence linguistique canadiens in French for the Principal Applicant;
7.13.4. Employer has engaged a provincially or federally approved immigrant settlement service provider organization to provide the necessary settlement supports and where the supports are not available, the Employer commits to providing or paying for settlement services that are not otherwise available to the Principal Applicant and their family member(s);
7.13.5. Employer has taken steps to create a welcoming workplace, including undertaking an intercultural competency assessment and completing any intercultural competency training where Prince Edward Island has deemed it appropriate or necessary;
7.13.6. Employer has completed the mandatory onboarding training;
7.13.7. Applicant understands the Employer’s commitment to facilitate the applicant and their family members’ access to settlement services; and,
7.13.8. The applicant or their spouse is not the majority owner of the company.
7.14. Prince Edward Island may, but is not required to, request additional documents from the applicant to confirm that they meet the federal criteria of the Program, and will not issue an endorsement if they are not satisfied that the applicant meets the federal requirements.
7.14.1. Prince Edward Island has the ability to, but is not required to, assess whether the applicant has the ability to economically establish. Prince Edward Island will not issue an endorsement if it is assessed that the applicant is unable to economically establish in Prince Edward Island;
7.14.2. Prince Edward Island has the ability to, but is not required to, request additional evidence to assess if the Job Offer is genuine, candidate has sufficient work experience, and there is a genuine intent to reside, when they learn of a pre-existing personal relationship beyond employment between candidate and designated Employer. Prince Edward Island will not issue an endorsement if it is determined that the Job Offer is not genuine; and,
7.14.3. Prince Edward Island has the ability to not issue an endorsement when the applicant is on a study permit, has not completed their studies and the offer of employment is at the National Occupational Classification (NOC) C skill level.
7.15 Prince Edward Island is responsible for verifying that all documentation supporting the designation and endorsement processes is genuine. As part of this process, Prince Edward Island will conduct due diligence in assessing all documentation required for the designation and endorsement applications to confirm that the information supports the Employer’s stated intention to support settlement and the Job Offer is genuine.
7.16. Prince Edward Island does not have authority to designate an Employer, or Endorse a prospective applicant, who does not meet the designation or endorsement criteria. Further, Prince Edward Island will not issue an endorsement to an Employer who intends to hire:
7.16.1. 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,
7.16.2. any person whose employment will adversely affect employment or training opportunities for Canadian citizens or permanent residents in Prince Edward Island.
7.17. Prince Edward Island agrees to consider only applications for endorsement from designated Employers and supported by a settlement plan conducted by an approved immigrant settlement service provider organization. A list of approved service provider organizations, to be amended from time to time, is available on the Department’s website.
7.18. Provincial decision to endorse an applicant will be based on labour market demands in the province and on the criteria for endorsement as provided in this Agreement, including the commitment of the Employer to facilitate the Principal Applicant and their family member(s)’s access to settlement services to meet their needs, as set out in the settlement plan(s). Non-economic factors, including but not limited to family connections, shall not constitute a determining factor in the decision to endorse.
7.19. Prince Edward Island will issue a dated endorsement with a unique endorsement number, valid in accordance with Prince Edward Island’s requirements for endorsement. For security reasons, Prince Edward Island will forward a record of the endorsement, by electronic means, to Canada. The endorsement will specify the information elements as outlined in the Canada- Prince Edward Island Memorandum of Understanding on Information Sharing, including but not limited to the endorsement number, class under which the applicant will be counted, and confirmation that the Employer has been designated by Prince Edward Island. An endorsement received directly from the applicant or Employer will not be accepted as evidence pursuant to sections 7.1 and 8.1. Should an Employer be de-designated, Prince Edward Island will provide to Canada an updated record of endorsement for all applicants affected by the de-designation.
7.20. Provincial endorsement may be rescinded, at the discretion of Prince Edward Island, when they become aware of disqualifying information that was not included in the endorsement application.
7.21. Prince Edward Island will rescind the endorsement upon becoming aware that the Job Offer is not genuine, full-time and based on labour market needs identified by the province, or that the identified candidate listed in the endorsement does not have a genuine intent to fill the Job Offer listed in the endorsement certificate.
7.22. Prince Edward Island will rescind endorsements of foreign nationals who have received a Job Offer from an Employer who is de-designated and do not have an application for permanent residence under the Program that has been accepted into processing by Canada.
7.23. Prince Edward Island may prohibit applications for endorsement or nomination to their provincial immigration programs in circumstances where an endorsee, Employer supporting an applicant or representative has engaged in harassing, discriminatory, or defamatory behavior to any representative of the province.
7.24. Prospective applicants must file a complete application for immigration with Canada within the time limit specified on the endorsement or within ninety (90) days of submitting an application for a temporary work permit under the Program, whichever is less. Prince Edward Island agrees that endorsements validity period will be set by the federal government, unless earlier revoked by Prince Edward Island in its sole discretion, and that no extensions to the endorsement will be granted.
7.25. Prince Edward Island will keep written or electronic records of all designations and endorsements issued as part of the Program for a minimum of six (6) years from the date of approval. Prince Edward Island will share those records with Canada if requested to do so.
8. Selection
8.1 . Upon receipt of the application for permanent residence, together with the endorsement from Prince Edward Island, Canada will:
8.1.1. determine the eligibility of the prospective applicant as a member of the Program pursuant to the Regulations;
8.1.2. determine the admissibility of the prospective applicant, and their dependents, with respect to legislative requirements; and,
8.1.3. issue permanent resident visas to applicants and accompanying dependents who meet all the eligibility requirements of the Program and the admissibility requirements of the IRPA and the IRPR.
8.2. Canada shall consider Prince Edward Island endorsement as evidence that Prince Edward Island has determined that hiring a foreign national under the Program will be of economic benefit to Prince Edward Island. Notwithstanding, Canada has authority to make the final selection decision.
8.3. In all cases where Canada determines that an applicant does not meet the eligibility requirements of the Program, or fails to meet admissibility requirements under the IRPA, Canada has authority to, and will, refuse the application. Canada will notify Prince Edward Island of the decision, and reason(s) for which the application was refused, once the final decision has been made. On a monthly basis, Canada will provide reports on the processing and permanent resident admissions of applicants destined for Prince Edward Island through the Program, including the elements as outlined in the Canada- Prince Edward Island Memorandum of Understanding on Information Sharing.
8.4. Where the applicant has applied to the NOC C class and has been refused by the Department, Prince Edward Island will inform the Employer of the Employer’s responsibility for costs associated with the worker’s return to their country of origin, and will monitor and report to Canada on Employers’ compliance with this requirement.
9. Admission as a Temporary Resident
9.1. Canada may issue a work permit for applicants recruited by Employers designated by Prince Edward Island, pursuant to the IRPR, provided that the Department has received, from the applicant
9.1.1. a Job Offer, consistent with the requirements of the Program Regulations, from a designated Employer;
9.1.2. a letter from the province;
9.1.3. a commitment by the applicant to submit an eligible permanent residence application within ninety (90) days from the date of submission of their application for a labour market impact assessment-exempt work permit;
9.1.4. results of a language test — approved under subsection 74(3) of the Regulations and provided by an institution or organization designated under that subsection — that are less than two years old, demonstrating that their proficiency in an official language is assessed at:
- level 5 or higher for candidates with Job Offers in NOC 0, A, B; in each of the four language skill areas under either the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens ;
- level 4 or higher for candidates with Job Offers in NOC C; in each of the four language skill areas under either the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens ;
9.1.5. a Canadian educational credential or both a foreign diploma, certificate or credential and an equivalency assessment described in subsection 73(1) of the Regulations, for which assessment must be less than five years old, or proof they have in the preceding 24 months obtained, as a full-time student, a post-secondary Canadian educational credential that is from an eligible two-year program issued by an institution in an Atlantic Province that is set out in the document entitled Recognized Post-Secondary Institutions – Atlantic Immigration Program, published by the Minister of Citizenship and Immigration; and,
9.1.6. meet either the work experience requirements set out in subsections 87.3(3) and 87.3(4) or the recent graduate requirements set out in subsection 87.3(5) of the Regulations;
9.2. The letter from Prince Edward Island, referred to in 9.1.2, must:
9.2.1. request Canada to issue a work permit;
9.2.2. state that the applicant is urgently required by the Employer; and,
9.2.3. confirm that the province has received and reviewed for completion the following documents:
- a Job Offer consistent with the requirements of the Regulations, from a designated Employer, that is not seasonal or part time, and is sufficient to attract and retain Canadian citizens or permanent residents. The wages offered must fall within the range of wages for that particular occupation within the specified region, as identified by the federal or provincial government;
- a valid endorsement certificate issued by Prince Edward Island; and,
- a commitment by the applicant to submit an eligible permanent residence application within ninety (90) days from the submission of the application for a temporary work permit.
9.3. Notwithstanding sections 9.1 and 9.2, the applicant must meet all other IRPA and IRPR requirements, including admissibility, required for the issuance of a work permit.
9.4. Canada will monitor the temporary work permit pathway, and has authority to cancel, or modify, the temporary pathway option where Program Integrity and Quality Assurance issues arise, in consultation with all Atlantic Provinces.
9.5. In the event that the designation of an Employer of a temporary work permit holder is revoked, Prince Edward Island agrees to assist the temporary work permit holder to find new employment commensurate with the applicant’s skills and training and the existing temporary work. Where Prince Edward Island is unable to find an Employer able to take on the duties and responsibilities associated with employment of a Program applicant, where that individual would have received a Job Offer at the NOC C level, Prince Edward Island will inform the Employer of the Employer’s responsibility for costs associated with the worker’s return to their country of origin, monitor and report on Employers’ compliance with this requirement.
9.6. The province agrees to monitor the number of letters issued to applicants referred to in 9.1.2, to ensure that it does not exceed the number of annual endorsements allocated to Prince Edward Island under the Program.
9.7. Prince Edward Island will issue each letter with a unique identifier, valid in accordance with section 9.2. For security reasons, the province will forward a record of that letter, by electronic means, to Canada. The letter will specify the information elements outlined in the Canada-Prince Edward Island Memorandum of Understanding on Information Sharing. A letter received from the client or Employer for which Canada has not received a record will not be accepted as evidence pursuant to section 9.2.
10. Program Integrity and Quality Assurance
10.1. Prince Edward Island is responsible for Fraud or Misrepresentation detection and deterrence in the administration of its designation and endorsement processes. To ensure the integrity of the Program, Prince Edward Island will implement approaches and methodologies, such as quality assurance and control assurance to manage, assess, adjust, monitor and evaluate the application and performance of operational controls used to manage integrity risk in these areas, periodically. Prince Edward Island will implement changes to their processes, where a need for such changes has been identified as necessary and in a timely manner.
10.2. Canada and Prince Edward Island will cooperate to ensure the integrity of the Program, including, but not limited to, activities such as:
10.2.1. identifying, evaluating and establishing measures to strategically and systematically mitigate risk and investigating potential program abuses to improve policies and procedures, close gaps and address vulnerabilities to ensure the rigour and confidence of the immigration system;
10.2.2. sharing information including Personal Information and intelligence related to program abuses, as per the details set out in the Canada- Prince Edward Island Memorandum of Understanding on Information Sharing;
10.2.3. working collaboratively with other federal agencies, as required, to address issues related to admissibility, including anti-fraud activities, criminality and public safety;
10.2.4. coordinating and streamlining investigations involving both jurisdictions; and,
10.2.5. conducting and disseminating research, and identifying knowledge gaps related to Program Integrity and Quality Assurance mechanisms and participating in targeted Program Integrity and Quality Assurance training.
10.3. Prince Edward Island will report to Canada without delay any instances of suspected or confirmed Fraud or Misrepresentation involving, but not limited to, applicants, Employers, and third party immigration representatives and educational institutions, subject to section 10 of the Agreement, and in accordance with the policies and procedures outlined in the Canada- Prince Edward Island Memorandum of Understanding on Information Sharing.
10.4. Where suspected or confirmed Fraud and or Misrepresentation has been identified by either Party, Prince Edward Island will provide, upon request by Canada, case-specific information as provided for in the Canada-Prince Edward Island Memorandum of Understanding on Information Sharing, including information relating to administration of the Program, in order to make informed decisions about disposition of these cases and in the furtherance of the integrity of the Program.
10.5. Canada and Prince Edward Island will share information on current and planned activities that support Program Integrity and Quality Assurance, upon request, share the results of these activities with the other.
11. Compliance
11.1. Prince Edward Island agrees with the importance of compliance with established policies and procedures under the Program and agrees to follow the compliance processes, pursuant to the compliance policy appended at Schedule A, with respect to:
11.1.1. designating an eligible Employer;
11.1.2. monitoring and reporting on program activities and outcomes; and,
11.1.3. de-designating Employers who have not complied with the Program requirements.
11.2. If Prince Edward Island in its sole discretion determines that an endorsement applicant or anyone associated with an application to this Program or another provincial immigration program has committed Fraud or Misrepresentation with respect to an application submitted to Prince Edward Island under this Program or any other immigration program for which Prince Edward Island has obligations under an agreement with Canada, Prince Edward Island may refuse the application and reject any future applications submitted from the date the determination is made and for a period of up to five (5) years thereafter.
11.3. The Prince Edward Island will report any instances of suspected or confirmed Fraud or Misrepresentation to Canada as outlined in the policies and procedures of the Canada-Prince Edward Island Memorandum of Understanding on Information Sharing.
12. Program Evaluation
12.1. Canada will conduct a review of the Program in order to meet federal accountability requirements. Prince Edward Island will cooperate with Canada on the review, as outlined in the Canada Prince Edward Island Memorandum of Understanding on Information Sharing.
13. Information Exchange
13.1. Subject to federal and provincial authorities governing the collection, use and sharing of Personal Information, and privacy of information, and to section 13 of the Agreement, Canada and Prince Edward Island agree to share information on prospective and actual permanent resident admissions to aid in the administration of each Party’s responsibilities under the Program.
13.2. Subject to federal and provincial authorities governing the collection, use and sharing of Personal Information, and privacy of information, and to section 13 of the Agreement, Canada and Prince Edward Island agree to collect, use and disclose information, only for the purposes described in the Canada Prince Edward Island Memorandum of Understanding on Information Sharing, including for planning and developing policy and delivering, monitoring, and evaluating the Program and its processes. Information, including case-specific information as described in the Canada- Prince Edward Island Memorandum of Understanding on Information Sharing, may also be collected, used and disclosed for the purpose of Program Integrity and Quality Assurance, including investigating program abuses and the detection and deterrence of Fraud and Misrepresentation.
13.3. Canada and Prince Edward Island agree to share information subject to the requirements established by each Party’s respective authority:
13.3.1. For Canada:
- the collection of the Program Information from Prince Edward Island as described in this section is authorized by section 4 of the Privacy Act; and,
- the disclosure of the Program Information to Prince Edward Island as described in this section is authorized by paragraph 8(2)(f) of the Privacy Act.
13.3.2. For Prince Edward Island:
- the collection of Program Information from Canada as described in this section is authorized by the Freedom of Information and Protection of Privacy Act; and,
- the disclosure of the Program Information to Canada as described in this section is authorized by the Freedom of Information and Protection of Privacy Act.
14. Dispute Management and Resolution
14.1. In the case of a Dispute under this Agreement, Canada and Prince Edward Island agree to follow the Dispute management and resolution process as outlined in Schedule B – Dispute Resolution Process of this Agreement.
14.2. Notwithstanding section 14.1, upon notification in writing that a Dispute exists regarding the interpretation or implementation of the IRPA or any Ministerial Instructions given thereunder, the IRPR and this Agreement as they apply to applicants under the Program, Canada may, at any time during the Dispute Resolution Process, impose a Processing Pause on the application(s) under Dispute until the Dispute is resolved. The imposition of a Processing Pause applies but is not limited to Disputes concerning the designation and endorsement process, or where there is evidence of systemic Fraud or Misrepresentation, or multiple instances of Fraud and/or Misrepresentation.
14.2.1. Canada will provide written notification to Prince Edward Island of the date when the Processing Pause will start; and,
14.2.2. Canada will provide written notification to Prince Edward Island of the date when the Processing Pause will end.
15. Transitional Provisions
15.1. An Employer designation made by Prince Edward Island under the Atlantic Immigration Pilot Program Agreement (the Pilot Agreement) expires as of December 31, 2021 and is of no force or effect under this Agreement.
15.2. Notwithstanding paragraph 15.1 of this Agreement, an Employer designation made by Prince Edward Island under the Pilot Agreement will be considered valid for the purposes of the Department processing an application for Permanent Residence by an applicant endorsed by Prince Edward Island under the Pilot Agreement on or before March 5, 2022, if the Employer had a valid provincial designation as of December 31, 2021.
15.3. Notwithstanding this Agreement or the expiration of the Pilot Agreement on December 31, 2021, a complete application for permanent residence must be submitted to Canada by an applicant endorsed by Prince Edward Island under the Pilot Agreement on or before March 5, 2022, in order to be processed by Canada in accordance with the criteria outlined in the Atlantic Immigration Pilot Ministerial Instructions.
15.4. Notwithstanding this Agreement or the expiration of the Pilot Agreement on December 31, 2021, Prince Edward Island retains all rights and responsibilities after December 31, 2021 with respect to the endorsement issued under the Pilot Agreement, until a decision is made by Canada on the application for permanent residence.
15.5. Notwithstanding this Agreement or the expiration of the Pilot Agreement on December 31, 2021, a complete application for temporary residence must be submitted to Canada by an applicant endorsed by Prince Edward Island under the Pilot Agreement on or before March 5, 2022, in order to be processed by Canada in accordance with the criteria outlined in the Canada-Prince Edward Island Agreement on the Atlantic Immigration Pilot Program.
15.6. Notwithstanding this Agreement or the expiration of the Pilot Agreement on December 31, 2021, applicants endorsed by Prince Edward Island under the Pilot Agreement who have submitted their application for permanent residence on or before March 5, 2022, are eligible to renew their temporary work permit until a decision is made on their application for permanent residence.
15.7. Notwithstanding paragraph 15.5 of this Agreement, applicants endorsed by Prince Edward Island under the Pilot Agreement who have submitted their application for permanent residence on or before March 5, 2022, must continue to meet all other IRPA and IRPR requirements, including admissibility, required for the issuance of a temporary work permit.
15.8. Upon implementation of the updated National Occupational Classification following the 2021 structural review of the National Occupational Classification, this agreement would reflect the following changes:
15.8.1. Occupations referred to as NOC 0 would become TEER 0;
15.8.2. Occupations referred to as NOC A would become TEER 1;
15.8.3. Occupations referred to as NOC B would become TEER 2 and TEER 3;
15.8.4. Occupations referred to as NOC C would become TEER 4.
16. General
16.1. The Designated Representatives for the purpose of communication and notification pursuant to this Agreement are:
16.1.1. For Canada, the Director, Regional Economic Immigration, Immigration Branch.
16.1.2. For Prince Edward Island, the Director of the Office of Immigration.
16.2. This Agreement will take effect when the document has been signed by both Parties.
16.3. This Agreement may be amended at any time by the mutual written consent of the Parties, subject to any required approval or authorization required.
16.4. Either Party may terminate this Agreement at any time by providing at least twelve (12) months’ notice in writing to the other Party.
17. Signatures
For the government of canada
