Annexe III - Implementation Mechanisms
Policy & Design » LMDA Coordination and Analysis » Québec
1.0 Timetable for establishment of points of service and relocation of transferred employees
1.1 General deployment plan
1.1.1 Canada and Québec agree that the general deployment plan will be consistent with the following strategy:
1.1.1.1 deployment of the employees shall begin at various sites when Québec assumes responsibility for active employment measures and the National Employment Service, and shall be done gradually, on the basis of a deployment timetable prepared by Québec and its administrative regions. Canada shall be provided with a copy of this timetable as soon as possible, and no later than March 1, 1998. Beginning on the date on which Québec assumes responsibility, regardless of their place of work, employees shall process new employment files using the Québec and HRDC systems agreed on by the parties ;
1.1.1.2 an offer of employment shall be made to each of the transferred HRDC employees in accordance with the terms and conditions set out in the Employee Transfer Agreement (ETA) that appears in APPENDIX IV. The offer of employment shall indicate the place of work in Québec and shall mention that a written notice, prepared by Québec and specifying the date of relocation to a Québec office, will be sent to them no later than one month prior to that date. ;
1.1.1.3 deployment of the employees shall be completed six months following the date of assumption of responsibility by Québec. Problematic situations in existence or not resolved by September 30, 1998, for reasons including cost and the time involved in appealing an offer shall be subject to arrangements between the two parties ;
1.1.1.4 application of the proposed general deployment plan is based on the assumption that Québec will assume responsibility on April 1, 1998. Should the assumption of responsibility by Québec be delayed, the dates and deadlines agreed on for the general deployment plan shall be amended accordingly
1.2 Transfer and deployment of employees
1.2.1 Canada and Québec agree that the deployment to Québec’s offices of employees from HRDC shall be done in accordance with the general plan set out in clause 1.1 of this Appendix, while ensuring continuity in delivery of services to users of the organizations concerned, respect for the competencies and expertise of the human resources, and Québec's ability to accommodate the human and physical resources transferred.
1.2.2 The parties agree that the deployment of these employees to Québec's offices shall be done in accordance with the following guiding principles:
1.2.2.1 The parties agree that the deployment of these employees to Québec's offices shall be done in accordance with the following guiding principles:
1.2.2.2 taking into account the issues specific to each local or regional situation, the assignment and deployment of the employees shall be done in such a way as to avoid, as far as possible, multiple moves for the personnel deployed;
1.2.2.3 as a general rule, the transferred human resources shall be assigned and deployed to local points of service;
1.2.2.4. the approaches to deployment may vary from one place to another. Asymmetry is possible, depending on the particular context in each local and regional environment.
1.2.3 Québec shall put in place a process for orienting the transferred human resources that includes the provision of information on the Ministère de l’Emploi et de la Solidarité du Québec, on program directions and on operational procedures and directives. This process shall begin prior to the transfer of the human resources through the holding of activities agreed on by the two parties and shall then continue as planned by Québec.
1.2.4 A training process shall begin prior to the transfer of the HRDC human resources, through activities agreed on by the two parties. In this connection, planning for the training activities shall be done jointly and shall make allowance for the service needs of the organizations involved, local particularities and the need to ensure continuity of service.
1.2.5 Canada and Québec recognize that, in Canada's and Québec's current service networks, leases and contractual commitments exist that must be taken into account in the decision-making process and in the planning of employee deployment.
1.2.6 Canada agrees to respect, as far as possible, the configuration of the HRDC points of service identified in the deployment plan until the deployment of the employees has been completed.
1.2.7 The movable and computer property of transferred federal employees shall remain at their disposal until they are deployed.
1.2.8 Québec agrees to provide each transferred employee with space, furnishings and computer equipment in line with accepted standards and adapted to the work context.
1.2.9 The Canada-Québec joint implementation committee shall monitor the transfer and deployment of the employees.
2.0 Operating terms and conditions
2.1 Mechanisms for interrelations between Québec's employment services and Canada's employment insurance services, reflecting the two parties' needs for efficiency and effectiveness, must be put in place to maintain quality of user services. These interrelation mechanisms shall be agreed on by April 1, 1998, by the Joint Committee to Implement the Labour Market Agreement.
2.2 When transferred employees are located temporarily in federal offices, the regional and local representatives of Canada and Québec shall agree on terms and conditions in that connection, in accordance with a pro forma to be agreed on by the Canada-Québec joint implementation committee, so as to respond to the needs and requirements of the service with respect to office space, automated office equipment, telephones, forms and so on. Employees located temporarily in federal offices shall be supervised by a manager designated by Québec.
2.3 Québec shall determine, in co-operation with Canada, the operating terms and conditions for referral of employment insurance claimants to Québec's points of service. These terms and conditions shall include, among other things, descriptions of the territories of the points of service concerned, in order that claimants may be directed to the appropriate point of service for the services they require (see section 3.0 of APPENDIX I, "Exchange of Non-Identifying Information and Data"). These operating arrangements shall be agreed on by April 1, 1998, by the Joint Committee to Implement the Labour Market Agreement.
2.4 Once Canada informs Québec of the referrals that have been made, Québec shall provide the follow-up information necessary for purposes of Employment Insurance Part 1 eligibility (see clause 2.4 of APPENDIX V, "Information and Data Exchange").
2.5 Canada shall provide Québec with electronic access to the historical information on participants’ entitlement to employment benefits funded by the Employment Insurance Account, previous action taken by federal employees in the regular administration of active measures and the strategic selection of employment insurance users for NES support measures (see clauses 2.1 and 2.3 of APPENDIX V, "Information and Data Exchange").
2.6 At the time of its assumption of responsibility, Québec shall be responsible for informing each user with an active employment file containing an action plan at HRDC of the new context and the new administrative operating terms and conditions. To this end, Canada shall, in the form of computer files, provide Québec with the relevant information on the users involved (see clause 2.3.5 of APPENDIX V, "Information and Data Exchange").
2.7 In prospect with the continuity of user services, Canada and Québec agree on the need to transfer to Québec’s systems the information contained in HRDC files on individuals for whom an action plan is in progress on the date on which Québec assumes responsibility (see clause 2.3 of APPENDIX V, "Information and Data Exchange").
2.8 Canada and Québec agree that, during the deployment period, they shall put in place a process of ongoing communication among local and regional administrative units, in order to ensure follow-up on operational problems connected with the deployment and with interrelations betwen units, particularly with regard to referral of users, and access to and use of the federal systems.
3.0 Period preparatory to assumption of responsibility by Québec
3.1 Québec shall become responsible for the directions and policies with respect to active employment measures when it takes them over. Until Québec takes over responsibility, HRDC shall remain responsible for such directions and policies.
3.2 To facilitate the assumption of responsability by Québec, and following the signing of the Agreement, Canada agrees to:
3.2.1 provide Québec with a list, in paper and/or electronic form, of the work tools that HRDC uses in connection with the responsibilities Québec is assuming. Subject to the provisions in section 8.0 of this Agreement, Canada shall make available to Québec the tools that Québec chooses to use. However, should the cost of this arrangement prove excessive, the parties shall agree on an appropriate solution
3.2.2 provide on a quarterly basis, until responsibility is assumed by Québec, a picture of the commitments (financial and other) that apply past the date on which the present Agreement comes into force. This picture should include data on the financial commitments and on number of participants per measure, the number of action plans that will require follow-up, as well as a list of agreements with HRDC partner organizations in the delivery of services, where such agreements will end after the date on which Québec assumes responsibility for active employment measures and NES functions. This list is to specify the names of the organizations, the employment benefit or NES support measures involved, and the date on which the agreements are to end. The arrangements concerning agreements and contracts scheduled to end after the date Québec assumes responsibility are set out in clauses 4.2 and 4.3 of this Appendix;
3.2.3 take into account, as far as possible, any orientation document provided by Québec with respect to delivery of services to participants in active employment measures;
3.2.4 co-operate with Québec on development of the operational procedures for ensuring continuity of service to clients.
3.3 Québec agrees to:
3.3.1 forward to HRDC as quickly as possible, directions on service delivery, including those relating to the organization of Québec's employment service, the active measures that Québec intends to put in place, procedures with respect to individuals involved in an active measure, use of outside organizations in service delivery, and allowances for participants in active employment measures;
3.3.2 call on HRDC staff' expertise for the development of operational directions and procedures with respect to service delivery;
3.3.3 Canada and Québec agree to give their local representatives the mandate to meet with each other following the signing of the Agreement. At these meetings, the local HRDC representatives shall provide a picture of the agreements with outside organizations that are to be renewed, and shall obtain the Québec representatives' opinion on renewal of these agreements and the related conditions. The local HRDC representatives shall also present the local management tools connected with delivery of services to the participants, and may, at the request of the local Québec representatives, make them available to Québec. They may discuss any other matter agreed on among themselves to facilitate continuity of service and follow-up on operational matters;
3.3.4 follow-up on the terms and conditions for application of this section is entrusted to the Canada-Québec Joint Committee to Implement the Canada-Québec Labour Market Agreement.
4.0 Continuity of service
4.1 Individual action plans in progress
4.1.1 Canada and Québec agree that individuals involved in active measures on the date on which Québec assumes responsibility will be allowed to complete the measures in progress under the conditions set by HRDC. Québec reserves the right to re-evaluate the action plans agreed on with these individuals when their participation in the measures ends.
4.2 Arrangement for the administration of contracts signed by Canada for the provision of financial assistance for employment insurance participants
4.2.1 Québec wishes to assume responsibility for all administration of contracts which Canada Employment Insurance Commission (the Commission) has signed with employment insurance participants, prior to the date on which Québec takes charge of active employment measures, and that call for the provision of financial assistance as part of the employment benefits established by the Commission, until all obligations set out in these contracts have been fulfilled. This arrangement shall take effect on April 1, 1998, or on a later date to be determined by the parties.
4.2.2 Moreover, effective that same date, the employees of Canada who were administering these contracts on behalf of the Commission shall become employees of Québec.
4.2.3 Canada shall inform Québec of the commitments that Canada has approved in connection with these contracts, and the amount of the contribution Canada makes available for costs related to active measures for the fiscal years concerned shall be reduced accordingly. Should the payments be less than the commitments, Canada shall remit the balance to Québec for reinvestment in the active employment measures identified in the annual plan, in accordance with clauses 5.4.1 and 5.4.2 of the Agreement in Principle.
4.2.4 The two parties therefore agree on the value of reaching an arrangement whereby Québec can administer these contracts and pay the amounts owing to participants under contracts which Canada has signed. The details of this arrangement are described in APPENDIX VI.
4.3 Arrangement for the administration of agreements signed by Canada for the payment of contributions to organizations in connection with employment benefits and support measures
4.3.1 With respect to agreements signed or commitments made by the Commission in respect of organizations prior to the assumption of responsibility by Québec for active employment measures to implement an employment benefit or support measure, Canada shall inform Québec of the commitments that Canada has approved under these agreements. The amount of the contribution Canada makes available for costs related to active measures for the fiscal years concerned shall be reduced accordingly. Should the payments made be less than the commitments, Canada shall remit the balance to Québec for reinvestment in active employment measures identified in the annual plan, in accordance with clauses 5.4.1 and 5.4.2 of the Agreement in Principle
4.3.2 Québec shall administer these agreements by accessing the appropriate HRDC systems, namely the CJS I (Canadian Jobs Strategy - Phase I) system and the FIS (Financial Information System) for the responsibility centres in Québec, and shall input the required information into these systems so as to ensure continued payments to these organizations by the Commission.
4.3.3 If the terms and conditions of agreements between Canada and the organization need to be changed, Québec shall amend the contract accordingly. On or before the date on which Québec assumes responsibility, HRDC shall provide Québec with a copy of these terms and conditions.
4.3.4 Fifteen days prior to the date on which Québec assumes responsibility for active employment measures, Québec shall provide HRDC with the names of the individuals authorized to amend agreements signed by HRDC and to approve any resulting changes in periodic payments. Québec shall also give HRDC three days’ notice of any individual who ceases to perform this function
4.3.5 HRDC agrees to handle agreements ending after March 31, 1998, in accordance with the procedures described in APPENDIX VII.
4.3.6 The Canada-Québec joint implementation committee shall monitor these arrangements in order to ensure a smooth transition for the participants and the organizations.
5.0 Computerized links between the two parties to ensure continuity of operations and accessibility of the necessary information
5.1 Canada and Québec shall determine the interconnection mechanisms, agreed on in clause 7.13 of the Agreement in Principle, that will give Canada and Québec access to both parties' systems.
5.2 To facilitate development of the interconnection mechanisms, Québec agrees to do everything possible to provide Canada with the information listed below, that is,
5.2.1 at the signing of this Agreement:
the types of equipment used (microcomputers or terminals, or a combination of the two);
the types of links existing between these pieces of equipment and Québec's central computer;
5.2.2 no later than November 30, 1997 the geographical location of the offices;
5.2.3 no later than December 31, 1997: the street addresses of the offices.
5.3 Canada, for its part, agrees to do everything possible to establish the interconnections agreed on in clause 7.13 of the Agreement in Principle by April 1, 1998.
5.4 As long as federal employees transferred to Québec remain on Canada's premises, Canada agrees to maintain the interconnection of those employees' workstations with its systems.
5.5 As long as Québec is unable to provide connection for employees transferred to its premises, and on the basis of the technological restrictions on the two parties, Canada agrees to extend its network to the sites identified by Québec, ensuring connection with its technological infrastructures.
5.6 As long as the federal employees transferred to Québec remain on Canada's premises, the parties agree to make available, at those employees' workstations, the applications running on Québec's central computer that are identified by Québec, on the basis of the solution provided by Canada and the respective security policies of the parties.
5.7 As long as the federal employees transferred to Québec remain on Canada's premises, Canada agrees to share with Québec responsibility for providing those employees with computer support, in accordance with terms and conditions to be agreed on.