Human Resources and Skills Development Canada
Symbol of the Government of Canada

Human Resources and Skills Development Canada

www.hrsdc.gc.ca

CANADA – MANITOBA
LABOUR MARKET AGREEMENT

BETWEEN The Government of Canada (hereinafter referred to as “Canada”), as represented by the Minister of Human Resources and Skills Development, styled Minister of Human Resources and Social Development

AND The Government of Manitoba (hereinafter referred to as “Manitoba”) as represented by the Minister of Competitiveness, Training and Trade

WHEREAS Canada and Manitoba share a common vision of a skilled, productive, mobile, inclusive and adaptable labour force supported by a system of flexible labour market programs delivered by Manitoba;

WHEREAS Canada and Manitoba are committed to working together to address the labour market needs and requirements of Manitoba;

WHEREAS Canada and Manitoba agree that primary responsibility for the design and delivery of labour market programs for individuals to support the creation of a skilled, productive, mobile, inclusive and adaptable labour force in Manitoba rests with Manitoba;

WHEREAS Canada has agreed to make new investments in support of labour market programming in Manitoba by providing funding to Manitoba towards the costs of programs that address areas of current and emerging labour market priorities, including the need to improve the labour force participation of under-represented groups;

WHEREAS Canada is authorized to enter into this Agreement pursuant to sections 7 and 10 of Canada’s Department of Human Resources and Skills Development Act;

WHEREAS Manitoba’s Minister of Competitiveness, Training and Trade is authorized to enter into this Agreement on behalf of Manitoba pursuant to subsection 6(1) of The Department of Labour and Immigration Act (Manitoba);

ACCORDINGLY, Canada and Manitoba agree as follows:

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INTERPRETATION

1. In this Agreement, unless the context requires otherwise, “Annual plan” means the annual plan for a fiscal year developed by Manitoba under subsection 24(2);

“Designated officials” means, for Canada, the Assistant Deputy Minister, Skills and Employment Branch, Department of Human Resources and Social Development (HRSDC) or such other official of Canada as may be designated by the Minister of Human Resources and Social Development by notice in writing to Manitoba, and for Manitoba, the Senior Executive Director, Industry and Workforce Development Division, Department of Competitiveness Training and Trade, or such other official of Manitoba as may be designated by the Minister of Competitiveness, Training and Trade by notice in writing to Canada;

“ client” means an unemployed individual who is eligible for assistance under a labour market program provided by Manitoba that is

  • (a) similar to an employment benefit established by Canada pursuant to Part II of the Employment Insurance Act, and
  • (b) funded by Canada under the Canada-Manitoba Labour Market Development Agreement entered into between Canada and Manitoba on April 17, 1997;

“Eligible beneficiaries” means unemployed and low skilled workers described in section 11;

“Eligible costs” means the program assistance costs and program administration costs incurred by Manitoba in providing assistance to eligible beneficiaries under its eligible programs and in implementing this Agreement;

“Eligible programs” means labour market programs and services provided by Manitoba described in section 10;

“Fiscal year” means the period commencing April 1 of a calendar year and ending March 31 of the following calendar year;

“Joint Committee” means the Joint Committee established under subsection 30(1);

“Minister of Human Resources and Social Development” is the style used to refer to Canada’s Minister of Human Resources and Skills Development and every reference in this Agreement to the Minister of Human Resources and Social Development shall be deemed to be a reference to the Minister of Human Resources and Skills Development;

“Period of the Agreement” means the period specified in section 32;

“Program administration costs” means the direct and indirect internal operating costs incurred by Manitoba in developing and administering the eligible programs;

“Program assistance costs” means:

  • (a) the costs of financial assistance provided by Manitoba under its eligible programs directly to, or on behalf of, eligible beneficiaries, and
  • (b) the costs of financial assistance or other payments provided by Manitoba under its eligible programs to third party service providers or delivery agents as reimbursement for direct and indirect costs incurred by them, or as payment for services rendered by them, in relation to the provision of assistance to eligible beneficiaries under its eligible programs,

    but does not mean
  • (c) payments of basic income support to an eligible beneficiary unless the payments are linked to active participation in an eligible program,
  • (d) payments to public or private training institutions for training infrastructure costs and curriculum development costs unless the payments are directly related to the delivery of eligible programs or training of eligible beneficiaries.

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PURPOSE

2. The purpose of this Agreement is to set out:

  • (a) the shared vision of the parties, and the shared objectives and principles of this Agreement;
  • (b) the roles and responsibilities of the parties in the labour market;
  • (c) the general characteristics of the service delivery arrangements of Manitoba in relation to this Agreement;
  • (d) the labour market programs of Manitoba that are eligible for funding under this Agreement, the eligible beneficiaries of those programs, and the eligible costs of those programs for which the new investments provided by Canada to Manitoba under this Agreement may be used;
  • (e) the amount of funding to be provided by Canada to Manitoba each fiscal year during the period of the Agreement; and
  • (f) the accountability framework for the funding.

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VISION, OBJECTIVES AND PRINCIPLES

3. Canada and Manitoba share a common vision to create the best-educated, most skilled and most flexible workforce in the world.

4. Canada and Manitoba agree that the broad objectives of this Agreement are:

  • Quantity - To increase the participation of Canadians and immigrants in the workforce to meet current and future labour requirements;
  • Quality - To enhance the quality of skills development and training; and
  • Efficiency - To facilitate workforce mobility and provide the public with the information necessary to make informed labour market choices.

5. Canada and Manitoba agree that the implementation of this Agreement will be guided by the following principles:

  • Accessibility – access to comparable programs for individuals who are EI clients and individuals who are not EI clients to enhance the labour market participation of all Manitobans, particularly low-skilled workers and under-represented groups;
  • Effectiveness – effective programs that draw on best practices from within Canada and abroad, respond to the needs of employers, and reflect local labour market conditions;
  • Quality Client-Centred Delivery – a coherent “no wrong door” approach to providing client-centred programs;
  • Fairness – fair treatment of all Canadians through principle-based arrangements with provinces and territories, respecting primary provincial responsibility for design and delivery of labour market programming to individuals; and
  • Efficiency – improving the efficiency of the national labour market and strengthening the economic union by facilitating adjustment and removing barriers to mobility.

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ROLES AND RESPONSIBILITIES

6. Canada and Manitoba agree that Manitoba has the primary responsibility for the design and delivery of labour market programs for individuals in Manitoba.

7. Canada and Manitoba agree that Canada will continue to promote an efficient and integrated national labour market in support of the national economy, including the management of the Employment Insurance system. Canada also will continue to provide federal programs for Aboriginal peoples, youth, older workers and persons with disabilities.

8. Manitoba will continue to offer a variety of labour market programs and services, including those programs and services for EI clients.

9. Canada and Manitoba reaffirm their commitment to achieve full compliance with their labour mobility obligations under Chapter 7 of the Agreement on Internal Trade by April 1, 2009 in order to enable workers of one part of Canada to have access to employment opportunities in any other part of Canada.

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ELIGIBLE PROGRAMS

10. Manitoba agrees to provide labour market programs to enhance the labour market participation of individuals by assisting them to prepare for entry to, or return to, employment or to otherwise obtain or keep employment or maintain skills for employment. These programs may include, but are not limited to, programs that support the following activities:

  • (a) skills training, ranging from training in basic skills, such as literacy and numeracy, to advanced skills training;
  • (b) on-the-job training and workplace-based skills upgrading;
  • (c) group interventions and job readiness assistance;
  • (d) wage subsidies and earning supplementation; and
  • (e) employment counselling and services.

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ELIGIBLE BENEFICIARIES

11. Manitoba agrees to use the funding provided under this Agreement to provide assistance under its eligible programs to:

  • (a) unemployed individuals who are not EI clients, including but not limited to:
    • (i) social assistance recipients;
    • (ii) immigrants;
    • (iii) persons with disabilities;
    • (iv) older workers;
    • (v) youth;
    • (vi) Aboriginal peoples;
    • (vii) new entrants and re-entrants to the labour market;
    • (viii) unemployed individuals previously self-employed; and
    • (ix) women;

      and
  • (b) employed individuals who are low skilled, in particular, employed individuals who do not have a high school diploma or a recognized certification, or who have low levels of literacy and essential skills.

12. Canada and Manitoba agree that although eligible beneficiaries include Aboriginal peoples, Canada will continue to provide its own labour market programs for Aboriginal peoples. Canada and Manitoba agree, through the Joint Committee, to better integrate the delivery of their respective programs for Aboriginal peoples.

13. Manitoba will offer eligible programs to residents of Manitoba. Manitoba agrees not to place a minimum residency requirement on individuals seeking assistance under the eligible programs being funded under this Agreement.

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SERVICE DELIVERY ARRANGEMENTS

14.(1) Manitoba agrees to provide the eligible programs through an integrated and client-centred service delivery network. This network will provide a coordinated system for accessing the labour market programs of all departments and agencies of Manitoba by individuals regardless of their particular needs or barriers and for making appropriate linkages with educational and training institutions and third party service providers or delivery agents.

(2) Manitoba agrees to ensure that its service delivery network provides needs assessment, case management, tracking and reporting of progress through interventions, and follow-up upon completion of interventions for eligible beneficiaries.

15.(1) In developing and delivering its eligible programs, Manitoba agrees to take into account the needs of official language minority communities in Manitoba.

(2) Manitoba also agrees to ensure that where there is a significant demand for services or for assistance under the eligible programs in either official language, individuals can obtain such services or assistance in that official language. In delivering its services and assistance under the eligible programs, Manitoba will actively offer its services in either official language in accordance with its French Language Services Policy. In determining the areas of Manitoba where there is a "significant demand," Manitoba agrees to use as a guideline the criteria for determining what constitutes "significant demand" for communications with, and services from, an office of a federal institution as set out in the Official Languages (Communications with and Services to the Public) Regulations made pursuant to Canada's Official Languages Act.

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FINANCIAL PROVISIONS

16.(1) Subject to the terms and conditions of this Agreement, in each fiscal year during the period of the Agreement, Canada agrees to make a contribution to Manitoba in respect of the eligible costs incurred in that fiscal year of an amount not exceeding the amount, rounded to the nearest thousand, determined by the formula

F x (K/L)

where

F is $500 million

K is the total population of Manitoba for the fiscal year; and

L is the total population of all provinces and territories for the fiscal year.

(2) For the purposes of this section, the total population of Manitoba for a fiscal year and the total population of all provinces and territories for that fiscal year are the respective populations as determined on the basis of the quarterly preliminary estimates of the respective populations on July 1 of that fiscal year released in September of that fiscal year by Statistics Canada.

(3) Canada will notify Manitoba as soon as possible following the release by Statistics Canada in September of each fiscal year during the period of the Agreement of the total population estimates referred to in subsection (2) and of the actual amount of the maximum contribution payable by Canada to Manitoba in that fiscal year as determined under subsection (1).

(4) In addition to the notification set out in subsection (3), Canada will notify Manitoba about the estimated amount of the maximum contribution payable by Canada to Manitoba in the next fiscal year. The parties acknowledge that the quarterly preliminary estimates of the population of Manitoba and all provinces and territories on July 1 of a year released in September of the year by Statistics Canada will be used to calculate the estimated amount of Canada’s maximum contribution for the next fiscal year during the period of the Agreement. The parties acknowledge that the estimated amount of Canada’s maximum contribution to Manitoba in fiscal year 2008/09 is $ 17,993,000.

(5) Notwithstanding subsection (1), Canada may, subject to the approval of Canada’s Treasury Board,

  • (a) permit Manitoba to retain and carry forward to the next fiscal year, ending in 2013/14, the amount of any contribution paid to Manitoba for a fiscal year under subsection (1) that is in excess of the amount of the eligible costs actually incurred by Manitoba in that fiscal year, and use the amount carried forward for expenditures on eligible costs in subsequent fiscal years throughout the period of the Agreement, and
  • (b) re-profile the amount of any unpaid, federally committed portion of Canada’s maximum contribution payable to Manitoba in a fiscal year, as determined under subsection (1), to the next fiscal year and add that re-profiled amount to the maximum amount payable under subsection (1) to Manitoba in subsequent fiscal years over the period of the Agreement ending in 2013/14.

    For greater certainty, any amount carried forward or re-profiled from one fiscal year to the next under this subsection is supplementary to the maximum amount payable to Manitoba under subsection (1) of this Agreement in that next fiscal year.

(6) All amounts carried forward or re-profiled and paid to Manitoba, or both, pursuant to subsection (5) must be spent by March 31, 2014. Manitoba is not entitled to retain any such carried forward or re-profiled amounts that remain unexpended after March 31, 2014, nor is it entitled to retain any balance of Canada’s contribution for fiscal year 2013/14 paid pursuant to subsection (1) that remains unexpended at the end of that fiscal year. Such amounts are to be repaid to Canada in accordance with section 22.

17.(1) Canada’s contributions shall be used solely for defraying eligible costs.

(2) Manitoba shall be responsible for expenditures on eligible costs incurred each fiscal year that are in excess of the amount of Canada’s contribution in that fiscal year under this Agreement.

18. Any payment by Canada under this Agreement is subject to there being an appropriation of funds by the Parliament of Canada for the fiscal year in which the payment is to be made.

19.(1) Canada will make payments of its annual contribution in respect of the eligible costs in two instalments each fiscal year. The first instalment will be paid on or about June 15 of each fiscal year and the second instalment will be paid on or about November 15 of each fiscal year.

(2) The amount of the first instalment will be an amount equal to 50% of the amount of Manitoba’s projected expenditures on its eligible costs for the fiscal year, as set out in its annual plan for the fiscal year.

(3) The amount of the second instalment will be an amount equal to the balance of the amount of Manitoba’s projected expenditures on its eligible costs for the fiscal year, as set out in its annual plan for the year, as adjusted, if necessary, to ensure that the total amount paid for the fiscal year does not exceed the maximum amount payable in that fiscal year as determined under section 16.

20. If Manitoba has failed to provide its annual audited financial statement, as required under section 25, for any fiscal year during the period of the Agreement, Canada shall withhold payment of the second instalment of its contribution for the following fiscal year until such time as Manitoba provides the financial statement.

21.(1) Subject to subsections (2) and (3), Manitoba agrees and undertakes that the funding provided by Canada under this Agreement shall not displace normal provincial funding levels on its labour market programs but that such funding shall be used to support incremental labour market program activities for eligible beneficiaries.

(2) Canada and Manitoba agree that the undertaking in subsection (1) is not to be construed as preventing Manitoba from applying government-wide measures to control expenditures. Manitoba agrees that in the event of an expenditure control exercise, Manitoba would not disproportionately target programs funded under this Agreement.

(3) The undertaking by Manitoba under subsection (1) is also subject to the appropriation of sufficient funds by the Manitoba legislature each fiscal year to maintain normal provincial funding levels.

(4) By no later than October 1 following the end of each fiscal year during the period of the Agreement, Manitoba agrees to provide Canada with a report by the Auditor General of Manitoba or an independent auditor, confirming that Manitoba has complied, in all material respects, with the requirements in subsections (1) and (2).

22. Manitoba shall repay to Canada any amounts paid to Manitoba in excess of the amount to which Manitoba is entitled under the Agreement. Such amounts are debts due to Canada and shall be repaid promptly upon receipt of written notice to repay.

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ACCOUNTABILITY FRAMEWORK

23. Canada and Manitoba agree to an accountability framework consisting of the following components:

  • (a) planning;
  • (b) financial reporting;
  • (c) performance measurement;
  • (d) public reporting; and
  • (e) evaluation.

(i) Planning

Multi-year Plan

24.(1) For realizing the vision and achieving the objectives of this Agreement, Manitoba agrees that the implementation of this Agreement will be guided by the multi-year plan set out in Annex 1 which includes:

  • (a) a general, high level statement of priorities that reflects Manitoba’s local and regional circumstances;
  • (b) intended objectives associated with identified priorities, which includes a list of possible program areas for investment; and
  • (c) a notional annualized investment allocation for each of these identified priorities.
This multi-year plan will be subject to the subsequent annual plans prepared by Manitoba as described in subsection (2).

Annual Plan

(2) Subject to subsection (3), prior to the beginning of each fiscal year during the period of the Agreement, Manitoba agrees to develop and share with Canada an annual plan relating to its eligible programs, and make it public by October 1 each year. The annual plan shall include:

  • (a) an environmental scan that provides a profile of the current labour market challenges in Manitoba;
  • (b) a description of the eligible beneficiaries who are to be targeted as priorities in the coming fiscal year;
  • (c) a description of the priority areas for programming and intended objectives;
  • (d) a brief description of the eligible programs, planned activities and projected expenditures for the coming fiscal year by priority area that are attributable to funding provided under this Agreement;
  • (e) the results expected along with annual targets for the planned activities referred to in paragraph (d); and
  • (f) a description of the consultation process referred to in subsection (3) and the groups to be consulted.

(3) The annual plan for fiscal year 2008/09 shall be developed and shared with Canada within 30 days following the signing of this Agreement or within such longer period as may be agreed to by the designated officials.

(4) In developing each annual plan referred to in subsection (2), Manitoba agrees to consult with stakeholders, including business and labour representatives, community organizations and representatives of the official language minority communities in Manitoba.

(ii) Financial Reporting

25.(1) Within 6 months after the end of each fiscal year during the period of the Agreement, Manitoba shall provide Canada with an audited financial statement of revenues received from Canada under this Agreement during the fiscal year and the eligible costs incurred by Manitoba in relation to the eligible programs. The financial statement shall be prepared in accordance with Canadian Generally Accepted Accounting Principles and shall show:

  • (a) the program assistance costs incurred in respect of each eligible program during the fiscal year;
  • (b) the program administration costs incurred during the fiscal year; and
  • (c) if applicable, the amount of any surplus funds being carried forward to the next fiscal year pursuant to subsection 16(5).

(2) The audit shall be performed by the Auditor General of Manitoba or his/her designate and shall be conducted in accordance with Canadian Generally Accepted Auditing Standards.

(iii) Performance Measurement

26.(1) In order to measure performance of the eligible programs, Manitoba agrees to collect and compile in accordance with Annex 2, the performance indicator information set out in Annex 2 about the eligible beneficiaries, the type of interventions provided under the eligible programs and the outcomes of the interventions.

(2) Manitoba agrees to provide to Canada the information referred to in subsection (1) which it has collected or compiled each fiscal year during the period of the Agreement no later than five months following the end of that fiscal year. The information shall be provided in the format and manner decided jointly by Canada and Manitoba. For greater certainty, no personal information will be shared by Manitoba with Canada.

(iv) Public Reporting on Results

27.(1) Canada and Manitoba agree on the importance of reporting to the public on results achieved under this Agreement.

(2) By no later than October 1 following the end of each fiscal year during the period of the Agreement, Manitoba agrees to report to the people of Manitoba on the results of the eligible programs achieved in the fiscal year. The report shall show separately the results attributable to the funding provided by Canada under this Agreement.

(3) Following the end of each fiscal year during the period of the Agreement, Canada will report annually to Canadians on the aggregate results of the labour market agreements with provinces and territories based on the performance indicator information set out in Annex 2 collected and compiled by all provinces and territories and provided to Canada.

(v) Evaluation

28.(1) Manitoba agrees to carry out an evaluation of the impact and effectiveness of the eligible programs and the funding provided in relation thereto under this Agreement. The evaluation shall cover the period from the date of signing of this Agreement to March 31, 2012 and shall be completed by March 31, 2013.

(2) Manitoba shall advise Canada by notice in writing delivered on or before April  1, 2010 that Manitoba has selected that either:

  • (a) paragraph (3)(a), or
  • (b) paragraph (3)(b)

shall apply to this Agreement and upon delivery of such notice, the paragraph so selected shall apply to this Agreement and the paragraph not selected shall not apply to this Agreement.

(3) Manitoba may carry out the evaluation in one or other of the following ways, at its option:

  • (a) Manitoba may carry out the evaluation on its own. If Manitoba selects this option, it shall:
    • (i) develop an evaluation design or framework that adheres to commonly accepted evaluation practices and methodologies;
    • (ii) submit the evaluation design or framework to an independent third party external evaluator for review and recommendations;
    • (iii) before the evaluation is conducted, share the design or framework with Canada for discussion by the Joint Committee;
    • (iv) after the findings are obtained, submit the evaluation report to an independent third party external evaluator for review before it is finalized; and
    • (v) provide a copy of the evaluation report to Canada by no later than June 30, 2013.
The cost of the provincial evaluation will be the responsibility of Manitoba.

(b) Manitoba may carry out the evaluation jointly with Canada. Where this option is selected, Canada and Manitoba agree to carry out the joint evaluation as follows. The Joint Committee:

  • (i) will establish a Joint Evaluation Sub-Committee to prepare and sign off an evaluation design or framework that adheres to commonly accepted evaluation practices and methodologies;
  • (ii) submit the evaluation design or framework to an independent third party external evaluator for review and recommendations;
  • (iii) approve the contract to be entered into by Manitoba with the third party retained to carry out the evaluation;
  • (iv) oversee the conduct of the evaluation according to the plan laid out in the framework;
  • (v) after the findings are obtained, submit the evaluation report to an independent third party external evaluator for review before it is finalized; and
  • (vi)provide a copy of the evaluation report to Canada and Manitoba by no later than June 30, 2013.

Manitoba will be responsible for providing to the third party evaluator any data required by the evaluator. The cost of the joint evaluation will be shared 50-50 by Canada and Manitoba.

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YEAR 2 REVIEW

29. Canada and Manitoba agree to design and conduct a joint Year 2 Review of the implementation of the Agreement that will be conducted in fiscal year 2009/10 and completed in 2010/11. The purpose of the Year 2 Review will be to ensure that both parties are properly implementing the provisions of this Agreement and to inform potential improvements to this Agreement.

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JOINT COMMITTEE

30.(1) Canada and Manitoba agree to establish a Canada-Manitoba Joint Committee.

(2) The Joint Committee will be co-chaired by the designated officials of the parties and will meet at least twice annually or as agreed to by the co-chairs. The co-chairs can invite representatives from other agencies, departments or ministries to participate in Joint Committee meetings as deemed appropriate.

(3) The Regional Executive Head of Service Canada will be represented on the Joint Committee.

(4) The role of the Joint Committee includes but is not limited to:

  • (a) overseeing the overall implementation and management of the Agreement;
  • (b) designing and conducting the Year 2 Review referred to in section 29;
  • (c) where Manitoba has selected to carry out its own evaluation of the eligible programs under paragraph 28(2)(a), reviewing the evaluation design or framework referred to in subparagraph 28 (3)(a)(iii);
  • (d) where Manitoba has selected to carry out an evaluation of its eligible programs jointly with Canada under paragraph 28(2)(b), establishing the Joint Evaluation Sub-Committee referred to in subparagraph 28(3)(b)(i) and overseeing the conduct of the evaluation;
  • (e) discussing Manitoba’s draft annual plans and reports;
  • (f) maintaining linkages with the planning processes under the Canada-Manitoba Labour Market Development Agreement entered into between the parties on April 17, 1997; and
  • (g) sharing views on labour market programs and policies as well as broader developments in the labour market.

(5) Decisions of the Joint Committee will be made by consensus. If consensus cannot be reached, the Joint Committee will follow the dispute resolution process set out in section 34.

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PUBLIC ACKNOWLEDGEMENT OF FEDERAL FUNDING

31. Canada and Manitoba agree on the importance of ensuring that the public is informed of Canada’s financial contributions to Manitoba’s eligible programs with the contributions acknowledged in accordance with Annex 3 to this Agreement.

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PERIOD OF THE AGREEMENT

32. This Agreement shall come into effect when it is signed by both parties and shall terminate on March 31, 2014 unless it is terminated earlier in accordance with section 35.

33. Notwithstanding the termination of this Agreement, the obligations of Manitoba under sections 22, 25 and 27 of this Agreement shall survive any termination and shall remain in force until they are satisfied or by their nature expire.

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DISPUTE RESOLUTION

34.(1) Canada and Manitoba are committed to working together and avoiding disputes through government-to-government information exchange, advance notice, early consultation, and discussion, clarification and resolution of issues, as they arise.

(2) If at any time either Canada or Manitoba is of the opinion that the other party has failed to comply with any of its obligations or undertakings under this Agreement or is in breach of any term or condition of this Agreement, Canada or Manitoba, as the case may be, may notify the other party in writing of the failure or breach. Upon such notice, Canada and Manitoba will endeavour to resolve the issue in dispute bilaterally through their designated officials.

(3) If the dispute referred to in subsection (2) cannot be resolved by the designated officials, then the dispute will be referred to the Deputy Minister of Human Resources and Social Development Canada and the Deputy Minister of Competitiveness, Training and Trade, and if it cannot be resolved by them, then Canada’s Minister of Human Resources and Social Development and Manitoba’s Minister of Competitiveness, Training and Trade shall endeavor to resolve the dispute.

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TERMINATION

35. Either Canada or Manitoba may terminate this Agreement at any time without cause by giving 12 months written notice of its intention to terminate.

36. Upon termination of the Agreement under section 35, Canada shall have no obligation to make any further payment to Manitoba in respect of eligible costs incurred after the date of termination.

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EQUALITY OF TREATMENT

37. If another province or territory negotiates a Labour Market Agreement with Canada, and if any provision of that agreement is more favourable to that province or territory than what was negotiated with Manitoba, Canada agrees to amend this Agreement in order to afford similar treatment to Manitoba, if requested by Manitoba. The amendment shall be retroactive to the date on which the Labour Market Agreement with the other province or territory comes into force.

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ANNEXES

38. The Annexes to this Agreement are an integral part of the Agreement.

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AMENDMENTS

39.(1) This Agreement may be amended at any time by mutual consent of the parties. To be valid, any amendment shall be in writing and, subject to subsection (2), signed, in the case of Canada, by Canada's Minister of Human Resources and Social Development, and in the case of Manitoba, by Manitoba’s Minister of Competitiveness, Training and Trade.

(2) An amendment to any Annex to this Agreement may be made by the written agreement of the designated officials of the parties.

SIGNED on behalf of Canada by the Minister of Human Resources and Skills Development, styled Minister of Human Resources and Social Development, at ____________ this ___ day of April, 2008

_____________________

The Honourable Monte Solberg, Minister of Human Resources and Social Development

__________________

Witness

SIGNED on behalf of Manitoba by the Minister of Competitiveness, Training and Trade at _____________ this ___ day of April, 2008

______________________________

The Honourable Andrew Swan, Minister of Competitiveness, Training and Trade

__________________

Witness

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ANNEX 1

CANADA-MANITOBA LABOUR MARKET AGREEMENT

– MULTI-YEAR PLAN – 2008/09 to 2013/14 –

(Subsection 24(1))

Under the Canada-Manitoba Labour Market Agreement, Canada will make new investments in Manitoba annually, during the period beginning on the date of signing of the Agreement and ending March 31, 2014, to support labour market programs and services that address areas of current and emerging labour market priorities and objectives. It is estimated, based on Manitoba’s current proportion of the total population of all provinces and territories, that these investments will amount to approximately $18 million each year.

These new investments provide an opportunity for Manitoba to increase its efforts to support the development of the labour market. The challenges, priorities and objectives outlined in this Multi-year plan reflect the parameters and scope of the Agreement, which is primarily focused on labour ‘force’ development and the provision of employment and training services to relatively low skilled individuals. Programming funded through this Agreement will complement existing labour market programming and support Manitoba’s overall labour market development strategy.

The Manitoba Department of Competitiveness, Training and Trade will administer funding under this Agreement on behalf of Manitoba, and will engage other departments, including Family Services and Housing; Advanced Education and Literacy; Education Citizenship and Youth; and Labour and Immigration, in the implementation of programming.

MANITOBA LABOUR MARKET CHALLENGES

Labour shortages (inadequate numbers in occupational labour supply) and skill shortages (lack of the specific skills needed in new entrants or existing workers) are key labour market challenges throughout Manitoba. A slow rate of natural population growth and a low unemployment rate (4.4% in 2007) continue to place constraints on the availability of labour and skills in Manitoba. In 2007, 42 per cent of Manitoba business leaders named “labour shortages and finding skilled employees” as “the greatest challenge facing their company for the next 12 months”, up from 23 per cent in 2004 (Probe Research Inc. – Manitoba Business Leaders Index).

Increased economic activity, particularly across Western Canada, has generated greater competition for labour from other provinces and between communities within the province. High demand for skilled workers is spread throughout most sectors and regions. Labour and skills shortages, however, have been more acute for rural and northern employers and in the agricultural, construction, and manufacturing sectors. With a number of large capital construction projects planned or underway across the province, skilled trades are expected to face even tighter markets.

Northern and remote communities have experienced particular difficulties attracting and retaining skilled and professional workers, even with added economic incentives. Capacity in skills and training infrastructure is also more limited in these areas. Manitoba’s ability to build capacity in these communities will be a critical factor in ensuring a healthy functioning labour market.

Over the next number of years, as positive economic growth is expected to continue to place demands on an already tight labour market, supply of labour will be further impacted by the changing demographics of Manitoba’s population and labour force. Key demographic challenges facing Manitoba include an aging workforce, a young and rapidly growing Aboriginal population, and a focus on immigration to address labour force requirements.

Manitoba’s population is aging and the share of older workers in the labour force is increasing. The number of retirements in Manitoba is expected to increase by almost 30 per cent between 2008 and 2014. As older workers retire, it will be a challenge to ensure that there are enough new entrants – with the right skills – to meet the needs of the labour market. Effectively supporting the retention of older workers and smooth transition of new entrants, including the transfer of workplace knowledge between older and younger workers, will be critical for labour force stability.

Manitoba’s Aboriginal population is young, with a median age much lower than the non-Aboriginal population. This means that young Aboriginal Manitobans will make up an increasing proportion of the labour force. Although improvements have been made in recent years, Aboriginal Manitobans continue to have lower labour force participation rates than non-Aboriginal Manitobans. Improving the labour market success of these individuals will require supporting them to increase their educational attainment and addressing the lack of access to economic opportunity close to their communities.

Immigration is at its highest level in half a century in Manitoba (over 10,000 arrivals in 2006) and now accounts for more growth than natural population increases. With a new provincial target of attracting 20,000 immigrants annually by 2016, international immigration will continue to be a major contributor to Manitoba’s population and labour force. The immigrant population generally has high levels of educational attainment and qualifications, yet there are challenges to their successful integration into the labour market. While Manitoba has among the highest employment rate of immigrants across Canada, lack of language and other essential skills, and non-recognition of foreign credentials and work experience, can result in immigrants not being able to apply their skills and knowledge effectively or efficiently in the labour market.

Other under-represented and under-utilized groups in the labour market, such as persons with disabilities, social assistance recipients and working low-wage Manitobans, could also make a greater contribution to the expansion of opportunity in the labour market. Many employers in Manitoba could do more to recognize these untapped/underrepresented groups as potential sources of labour for their workforce. Maximizing the labour force participation of all of these groups will help to meet the demand for labour in coming years. This will require concerted efforts to prepare these individuals to participate in employment and training programs, enhance their access to these services, and increase their skill levels through training inside and outside the workplace.

Finally, ensuring that the skills of Manitoba’s labour force participants are fully recognized and utilized remains a challenge for the future. Employers and communities can improve their performance in this regard by developing greater capacity for workforce and labour force planning, recruitment and retention of workers, and community and workplace based skills assessment and training. Career planning and development is needed for existing workers as well for new entrants and re-entrants. Increased turnover in the workforce and the need to continually improve productive processes and adopt new technologies will require ongoing retraining and upgrading of the existing labour force for Manitoba to remain competitive.

CANADA-MANITOBA LABOUR MARKET AGREEMENT PRIORITIES AND OBJECTIVES

For realizing the vision and achieving the objectives of this Agreement, Manitoba agrees that the implementation of the Agreement will be guided by the priorities, objectives and notional investment allocations presented below. An Annual Plan will be developed prior to the beginning of each fiscal year outlining in greater detail the planned delivery of programs and services.

Priority Area 1: Skills Development – Ensure that Manitobans have the skills required to be successful in the labour market.

Associated Objectives:

  • 1.1. Increase access to, and participation in, education/training.
  • 1.2. Ensure successful outcomes for education/training participants.
  • Expand existing skills development programming to include support for unemployed non-EI clients and low income / low skilled workers (outside the workplace), including immigrants, Aboriginal people, and persons with disabilities.
  • Provide financial and other supports to Employment and Income Assistance (social assistance) participants to allow them to access a wider range of education and training opportunities.
  • Develop alternative training models/programs to address training accessibility issues and enable low-skilled workers to access skills training outside of the workplace and/or work hours.
  • Integrate essential skills (e.g. literacy, language, etc.) into skills development programs for immigrants.

Priority Area 2: Employer HR Capacity – Ensure that Manitoba employers have the capacity to effectively manage and develop their human resources.

Associated Objectives:

  • 2.1. Increase Manitoba employers’ capacity to assess the skills of their workforce.
  • 2.2. Increase Manitoba employers’ investments in and provision of workplace-based training.

Possible Program Areas:

  • Support workplace based Essential Skills and Literacy programming, including work specific language skills for immigrants.
  • Provide workplace based assistance for small and medium businesses to assess the skills of their workforce, define their human resources issues, and link workforce development plans with business strategies.
  • Support workplace based retraining/up-skilling of existing workers.

Priority Area 3: Community Capacity – Ensure that Manitoba communities are able to support and benefit from labour market growth.

Associated Objectives:

  • 3.1. Assist/support communities to plan for labour market growth.
  • 3.2. Assist communities to develop their local labour markets.

Possible Program Areas:

  • Support for training projects delivered in partnership with communities.
  • Conduct training needs assessments in communities to assist Manitoba to design and plan appropriate training projects.
  • Develop new models for communities to increase their training and labour market capacity, including capacity to provide trades/apprenticeship and other types of training within their communities, recruit and retain labour, and develop strategic plans to best utilize training funds.

Priority Area 4: Labour Supply – Ensure that Manitoba has an adequate supply of labour to support economic growth.

Associated Objectives:

  • 4.1. Retain existing workers in the labour force and employment.
  • 4.2. Assist under represented groups to enter/re-enter the labour market.

Possible Program Areas:

  • Expand programming to assist Employment and Income Assistance (social assistance) participants and other non-EI clients to prepare to participate in employment/training services and to enter/re-enter the labour market.
  • Provide job retention services for higher needs clients (e.g. EAP type services).
  • Develop programming to increase the retention of older workers in the labour market and support the transfer of skills from older to newer workers.

Priority Area 5: Skills Utilization – Ensure that Manitoba labour force participants are fully utilizing their skills.

Associated Objectives:

  • 5.1. Support individuals to ensure they are able to use their skills efficiently in the labour market.
  • 5.2. Assist individuals to have their prior learning, credentials and skills assessed and recognized.

Possible Program Areas:

  • Support programming under Manitoba’s Career Development Initiative.
  • Support recognition of prior learning (RPL) services.
  • Support foreign credential and qualifications recognition systems.
  • Develop better assessment models and processes (e.g. skills assessment, employability assessment, etc.).
NOTIONAL INVESTMENT ALLOCATIONS
Priority Area Investment Allocation*
1. Skills Development Year 1: $10.8M
Year 2: $10.8M
Year 3: $10.8M
Year 4: $10.8M
Year 5: $10.8M
Year 6: $10.8M
Total: $64.8M 
2. Employer HR Capacity Year 1: $3.6M
Year 2: $3.6M
Year 3: $3.6M
Year 4: $3.6M
Year 5: $3.6M
Year 6: $3.6M
Total: $21.6M 
3. Community Capacity Year 1: $1.8M
Year 2: $1.8M
Year 3: $1.8M
Year 4: $1.8M
Year 5: $1.8M
Year 6: $1.8M
Total: $10.8M 
4. Labour Supply Year 1: $0.9M
Year 2: $0.9M
Year 3: $0.9M
Year 4: $0.9M
Year 5: $0.9M
Year 6: $0.9M
Total: $5.4M 
5. Skills Utilization Year 1: $0.9M
Year 2: $0.9M
Year 3: $0.9M
Year 4: $0.9M
Year 5: $0.9M
Year 6: $0.9M
Total: $5.4M 

*Notional Investment Allocation over the 6 year of the Agreement based on $18 million per year (total of $108 million).

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ANNEX 2

PERFORMANCE INDICATOR INFORMATION

(Section 26)

1. Manitoba and Canada recognize the importance of reporting to the public on results achieved from public monies invested by each government. To that end, an accountability framework has been created in the Canada-Manitoba Labour Market Agreementthat provides for the establishment of performance indicators relative to Manitoba programs that fall under this Agreement. The purpose of this Annex is to set out those performance indicators.

2. Subject to sections 3, 4 and 5 of this Annex, Manitoba agrees to

  • (a) collect and compile the information set out below about the eligible beneficiaries, the services provided under the eligible programs and the outcomes of the services for measuring the performance of the eligible programs, and
  • (b) provide Canada, in a format and manner decided jointly by Canada and Manitoba, with the aggregate non-identifying information set out below by no later than five months following the end of each fiscal year:
  • (i) Eligible Beneficiary Indicators

A) Total number of eligible beneficiaries served/in program or service by employment status (i.e., employed, unemployed, self-employed).

B) Education level of eligible beneficiaries prior to program or service, i.e.

  • Number of eligible beneficiaries served with less than high school
  • Number of eligible beneficiaries served with high school diploma
  • Number of eligible beneficiaries served with post-secondary education.

C) Number and proportion of eligible beneficiaries in a program or service by designated client group (i.e., Aboriginal Canadians, persons with disabilities, immigrants, older workers, youth, women)

(ii) Service Delivery Indicators

A) Number of eligible beneficiaries participating in programs or services by service type.

B) Proportion of total eligible beneficiaries “satisfied” with programs received.

(iii) Eligible Beneficiary Outcome and Impact Indicators

A) Proportion of total eligible beneficiaries completing programs, by service type, in the previous fiscal year.

B) Proportion of total eligible beneficiaries who, 3 months and 12 months after leaving the program or service, are (a) employed (b) unemployed or (c) in further intervention.

C) Proportion of total eligible beneficiaries who, 3 months and 12 months after leaving the program or service, indicate their training helped prepare them for future employment.

D) Number of eligible beneficiaries who have earned credentials or certification through participation in programs or services.

E) Average hourly earnings earned by eligible beneficiaries following program or service.

3. The parties agree to work together to make any necessary refinements or adjustments to the descriptions of the performance indicators to address any issues that may arise during that period with respect to their meaning, scope or application. These issues will be referred to the Joint Committee for discussion. Any agreed change to the wording of the description of a performance indicator will be made by way of an amendment to section 2 of this Annex in accordance with subsection 39(2) of this Agreement.

4. The parties acknowledge that Manitoba does not currently have the systems developed to fully report the eligible beneficiary outcome and impact indicators information referred to in paragraphs 2(iii) D) and E) of this Annex.

However, Manitoba agrees to take all reasonable measures to enable it to collect or compile the information listed in paragraphs 2(iii) D) and E) of this Annex by no later than April 1, 2010, or by such later date as may be mutually agreed to by the designated officials.

5. Manitoba will develop metrics for the performance indicators through a variety of methods, including use of client level data, sampling and surveys of clients, as appropriate, feasible, cost-effective and practicable. Data compiled for performance indicator purposes will be subject to The Freedom of Information and Protection of Privacy Act of Manitoba and The Personal Health Information Act of Manitoba.

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ANNEX 3

PUBLIC INFORMATION

(Section 31)

The purpose of this Annex to the Canada-Manitoba Labour Market Agreement is to describe how Manitoba will ensure that Canada’s contributions are appropriately acknowledged by Manitoba, as well as by third parties in receipt of funds provided under this Agreement.

1. Canada and Manitoba will jointly prepare public information material and jointly organize and participate in any public announcement relating to the signing of the Canada-Manitoba Labour Market Agreement.

2. Manitoba agrees to acknowledge Canada’s support of Manitoba’s eligible programs in signage, advertising, posters, exhibits, pamphlets, brochures, forms for the use of clients, advertising, news releases, public announcements, program descriptions and correspondence, and public reports on Manitoba’s eligible programs.

3. Manitoba agrees to ensure that third party offices, where programs to clients funded under this Agreement are delivered, will have appropriate identification indicating that the programs provided at that office are funded in whole or in part by Canada.

4. Canada and Manitoba agree to cooperate to provide opportunities for announcements, ceremonies, celebrations, and releases of reports to allow representatives of Canada and Manitoba to clearly articulate the role of each government in supporting Manitoba’s eligible programs.

5. Manitoba agrees to ensure that cheques or deposit statements for clients receiving assistance under Manitoba’s eligible programs, either directly from Manitoba or through an organization receiving funding from Manitoba, will include the Government of Canada word mark.

6. Canada and Manitoba agree to consult and give each other reasonable advance notice of any major public relations initiatives to inform Canadians of activities being undertaken in the context of this Agreement.

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Date Modified:
2011-10-31