British Columbia Order in Council — oic cur 0149 2025

oic cur 0149 2025

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. , Approved and Ordered Lieutenant Governor Executive Council Chambers, Victoria Minister of Education and Child Care Presiding Member of the Executive Council (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Early Learning and Child Care Act, S.B.C. 2021, c. 22, s. 19 Other: OIC 173/2022 O10891211 page 1 with attachment (21 pages total) On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that approval is given to the Minister of Education and Child Care to enter into an information- sharing agreement with the Insurance Corporation of British Columbia that is substantially in the form attached to this order. 149 April 3, 2025

1 INFORMATION SHARING AGREEMENT This Information Sharing Agreement (“Agreement”) is made effective as of April 10, 2025 (the “Effective Date”) BETWEEN Insurance Corporation of British Columbia (“ICBC”) with an address at 151 Esplanade W, North Vancouver, BC V7M 3H9 AND His Majesty the King in right of the Province of British Columbia, as represented by the Minister of Education and Child Care, Verification and Audit Unit (“ECC‐VAU”) with an address at PO Box 9715 Stn Prov Govt, Victoria, BC V8W 9S1

WHEREAS: 1. ICBC collects information, including Personal Information, on individuals under the authority of the Commercial Transport Act, RSBC 1996, c 58, Motor Vehicle Act, RSBC 1996, c 318, Insurance (Vehicle) Act, RSBC 1996, c 231 and the Insurance Corporation Act, RSBC 1996, c 228 (“ICA”). 2. Pursuant to the Early Learning and Child Care Act, SBC 2021, c 22 (“ELCCA”), or equivalent provisions in any successor legislation, ECC-VAU is responsible for determining and auditing eligibility for child care benefit and grant payments made under the ELCCA.

In the course of administering the ELCCA and other ECC Programs, ECC-VAU collects information about applicants and recipients (and, in appropriate cases, their spouses), child care providers, and service providers. 3. ICBC and the Ministry of Education and Child Care (“ECC”) are public bodies governed by the BC Freedom of Information and Protection of Privacy Act, RSBC 1996, c 165 (“FIPPA”) and must collect, use and disclose Personal Information only as authorized by FIPPA, the ELCCA, and any other applicable legislation. 4.

ECC-VAU may enter into an information sharing agreement as set out in s. 19 of the ELCCA. 5. E CC- VAU requires certain information, including Personal Information, held by ICBC to fulfill its r esponsibilities. 6. I CBC and ECC- VAU wish to set out the terms and conditions of the collection, use, disclosure and r etention of Personal Information by the Parties. The Parties hereby agree as follows: 1.

DEFINITIONS 1.1 As used in this Agreement, the following capitalized words and terms have the meanings ascribed to them below: (a) “Authorized Employees” means employees of ECC-V AU who r equire the Personal Information for the Authorized Purposes.

2 (b) “Authorized Purposes” has the meaning set out in

section 5.1. (c) “Breach Incident” means any accidental, unauthorized or unlawful access to, collection, use or disclosure of Personal Information that is not authorized by FIPPA or this Agreement. (d) “Compliance Representative” means an employee of ECC-VAU with substantive knowledge and experience, at a reasonably senior level, of FIPPA and its requirements, policy, procedures and regulations. (e) “ECC Programs” as set out in Appendix A, are the various programs and services in respect of which ECC-VAU performs an audit and verification function. (f) “OIPC” means the Office of the Information and Privacy Commissioner of British Columbia. (g) “Parties” means both ICBC and ECC-VAU, and “Party” means either one of them, as the context may require. (h) “Personal Information” has the meaning set out in FIPPA, and refers only to the Personal Information collected, used or disclosed pursuant to this Agreement 2.

PURPOSE OF AGREEMENT The purpose of this Agreement is to document the terms and conditions of the collection, use, disclosure and retention of Personal Information by the Parties, in compliance with the requirements of FIPPA, the ELCCA, and any other applicable legislation. 3. COLLECTION AND DISCLOSURE OF PERSONAL INFORMATION The Parties acknowledge the following: (

a) certain Personal Information that is the subject of this Agreement may be collected directly by ICBC under the authority of

section 7(

g) of the ICA. Collection of such Personal Information is in compliance with

section 26(

a) of FIPPA [the collection of information is expressly authorized under

an Act]. In certain circumstances, Personal Information may also have been collected directly by ICBC pursuant to

section 26(

c) of FIPPA [the information relates directly to and is necessary for a program or activity of the public body]. (

b) Personal Information in the custody and/or control of ICBC may be disclosed to ECC-VAU, and thus collected indirectly by ECC-VAU, under the authority of

section 27(1)(

b) of FIPPA [the information may be disclosed to the public body under

section 33 of FIPPA], specifically in reference to the following provisions of FIPPA, one or more of which applies to the Personal Information: • 33(2)(c) [if the individual the information is about has identified the information and consented, in the prescribed manner, to its disclosure] • 33(2)(e) [in accordance with an enactment of British Columbia or Canada that authorizes or requires its disclosure] • 33(2)(o) [for the purpose of collecting amounts owing to the government or a public body] • 33(2)(p) [for the purposes of a payment to be made to or by the government of British Columbia or a public body, authorizing, administering, processing, verifying, canceling, or resolving an issue regarding such a payment] 2.1 3.1

3 (

c) Without limiting the scope of the foregoing, ICBC is authorized to disclose, and ECC-VAU is authorized to collect, Personal Information pursuant to

section 26(

c) and

section 27(1)(

b) of FIPPA and

section 7 of the ELCCA, or equivalent provisions in any successor legislation. 4. INFORMATION DISCLOSED BY ICBC AND METHOD OF DISCLOSURE ICBC will disclose the Personal Information described in Appendix B by the method(

s) described therein. 5. AUTHORIZED USE ECC-VAU may use the Personal Information disclosed to it by ICBC for the following purposes only (the “Authorized Purposes”): (

a) to determine or audit eligibility for ECC Programs; (

b) to resolve payment issues regarding ECC Programs; (

c) to determine overpayments and recover ECC Program debts; and (

d) to conduct other verification and audit activities in relation to the ECC Programs. 5.2 E CC-V AU will at all times comply with all applicable laws, including without limitation all privacy leg islation, applicable to the collection, use and disclosure of the Personal Information. 6.

AUTHORIZED EMPLOYEES ICBC will grant access to Personal Information within ICBC information systems environment and/or ICBC segregated resources within BC Government information systems environment by issuing user IDs and/or granting access to ICBC access profiles (also known as RACF groups), whichever is applicable to all Authorized Employees in accordance with this Agreement. With respect to the Authorized Employees, ECC-VAU will: (

a) restrict access to the Personal Information to the minimum number of Authorized Employees necessary to carry out the Authorized Purposes; (

b) maintain a list of all Authorized Employees, their user IDs, and access restrictions (“User List”); (

c) supply ICBC with a list of its Authorized Employees upon execution of this Agreement and a current User List at ICBC’s request (which request may be made no more than once every six months) or failing such request, annually; (

d) for systems access, submit access requests to ICBC using only the form attached at Appendix C of this Agreement, requesting only the approved access as described in this Agreement; and (

e) when an Authorized Employee: (

i) has left the employment of ECC-VAU temporarily or permanently, (ii) no longer requires access to the Personal Information, or (iii) has not used his/her User ID to access the Personal Information for 90 days or more, 4.1 5.1 6.1 6.2

4 promptly submit an access deletion request to ICBC on the form attached at Appendix C. ICBC may delete the user ID assigned to an Authorized Employee after 90 days of inactivity. 7. RECORDS TO ESTABLISH ENTITLEMENT ECC-VAU will maintain records (“Validation Records”) to demonstrate its need for the Personal Information for the Authorized Purposes. ECC-VAU will keep the Validation Records during the term of this Agreement and for 24 months following its expiry or earlier termination in a form that will readily allow the tracing of a query for Personal Information to the proof of the need for such information.

Where applicable, ECC-VAU will obtain consent to disclosure of the individual the Personal Information is about in accordance with

section 33(2)(

c) of FIPPA. ICBC may request copies of the Validation Records at any time, and ECC-VAU will provide such records to ICBC as soon as reasonably possible. 8. SECURITY ECC-VAU will have appropriate and reasonable physical, organizational and technological security measures in place to protect the Personal Information against unauthorized collection, use, disclosure, or disposal, including without limitation: (

a) access to ECC-VAU’s records containing paper copies (if any) of Personal Information will be restricted to Authorized Employees only; (

b) access to Personal Information stored or accessed on ECC-VAU’s computer systems and electronic storage devices and media will be restricted by using unique user IDs, passwords and permissions that are linked to identifiable Authorized Employees; (

c) up-to-date anti-virus software installed on all computer systems; (

d) up-to-date security patching on all computer systems; (

e) up-to-date and supported operating systems and internet browsers; and (

f) encryption of Personal Information at rest. ECC-VAU will ensure that its systems containing Personal Information are capable of providing an audit trail and user access logs, which logs will be maintained by ECC-VAU during the term of this Agreement and for 24 months thereafter. 9.

NO WARRANTY OR LIABILITY ECC-VAU acknowledges and agrees that all Personal Information provided by ICBC is provided on an “as is” and “as available” basis and ICBC makes no representations or warranties (express or implied) of any kind with respect to the Personal Information, including without limitation any warranties or representations that the Personal Information (or any part of it) is accurate, complete or up-to-date, or free from errors or omissions, in whole or in part, or that the Personal Information will be fit for any purpose.

ECC-VAU understands and agrees that its systems access described in Appendix B is contingent upon technological compatibility between ECC-VAU’s and ICBC’s systems. Notwithstanding anything in this Agreement, ICBC reserves the right, at any time, to discontinue, suspend or modify ECC-VAU’s access to the queries or information described in this Agreement due to: 6.3 7.1 7.2 8.1 8.2 9.1 9.2

5 (

a) requirements or restrictions under applicable law or a valid order, subpoena, or other legally enforceable demand of a court, governmental, regulatory or administrative body of Canada; (

b) system incompatibilities; (

c) systems outages or maintenance; or (

d) systems upgrades or modifications, including the decommissioning or discontinuance of any system or transaction used by or within ICBC systems. ICBC will make reasonable efforts to provide notice to ECC-VAU of systems outages, modifications or upgrades that may significantly impact ECC-VAU’s access to ICBC’s systems.

ICBC will not, in any circumstances, be liable or responsible to ECC-VAU for any damages (including without limitation, direct, indirect, special, incidental, consequential, lost profits or revenue) ECC-VAU may suffer as a result of the condition of the Personal Information (including but not limited to inaccurate, incomplete or out-of-date information), ECC-VAU’s inability to access or use the Personal Information, failure or delay by ICBC in providing the Personal Information, or in connection with the subject matter of this Agreement, even if ICBC has been informed in advance of such damages. 10.

DISCLOSURE OF ICBC PERSONAL INFORMATION BY ECC‐VA U ECC-VAU may disclose Personal Information provided by ICBC under this Agreement only as follows: (

a) to Authorized Employees, including the Compliance Representative, on a “need to know” basis and in accordance with this Agreement; (

b) to the individual the Personal Information is about upon satisfactory proof of identity; (

c) to the OIPC for the purpose of audits, investigations or reviews; (

d) to law enforcement agencies for law enforcement purposes in accordance with FIPPA; (

e) to the Ministry of Social Development and Poverty Reduction (SDPR); (

f) to reconsideration officers at SDPR regarding a reconsideration under the ELCCA, or any successor legislation; (

g) as may be required or authorized pursuant to FIPPA or other applicable laws of British Columbia or Canada; (

h) to the Employment and Assistance Appeal Tribunal regarding an appeal under the ELCCA, or any successor legislation; or (

i) to other persons with the prior written consent of ICBC, which may be withheld for any reason in ICBC’s sole discretion. 9.3 10.1

6 11. PRIVACY PROGRAM AND BREACH INCIDENTS ECC-VAU will have an information handling and privacy policy or policies (“Privacy Policy”) in place that is applicable to all of its Authorized Employees. The Privacy Policy must clearly describe ECC-VAU’s obligation to keep Personal Information secure and confidential and comply with all applicable privacy legislation (including FIPPA). Appendix D of this Agreement contains a reference to ECC-VAU’s current Privacy Policy. ECC- VAU will promptly notify ICBC should it make a substantive or material change to its Privacy Policy. ECC-VAU will ensure that all Authorized Employees: (

a) have completed mandatory privacy training (i.e., IM 117 Information Management: Managing government information, privacy, access to information and security) or any similar training module that may be created in the future, and any other relevant training prior to obtaining access to the Personal Information; and (

b) understand ECC-VAU’s obligations under this Agreement prior to obtaining access to the Personal Information (see Appendix D). Upon request, ECC-VAU will forward a copy of its privacy training program to ICBC. ECC-VAU will keep records of completion of privacy training for all Authorized Employees and provide them to ICBC upon request. ECC-VAU will have a written complaints procedure to deal with complaints about its information practices, if such procedure is not already included in the Privacy Policy. ECC-VAU will provide a copy of its complaints procedure to ICBC upon request.

ECC-VAU will respond in a timely manner to complaints about its information practices, document each complaint and its resolution, and provide such records to ICBC upon request. Where a complaint is not resolved to the complainant’s satisfaction, ECC-VAU will refer the complainant to ICBC or the OIPC. ECC-VAU will have privacy breach incident procedures to deal with Breach Incidents (“Breach Incident Procedures”). ECC-VAU’s Breach Incident Procedures are described in Appendix D. In addition and to the extent it is not inconsistent with the Breach Incident Procedures in Appendix D, ECC-VAU will: (

a) promptly, or in any case within 72 hours, notify ICBC and provide details of any Breach Incident; (

b) promptly take all steps necessary to remedy the Breach Incident as soon as reasonably possible or within the time period specified by ICBC, acting reasonably; (

c) conduct a reasonable investigation of any Breach Incident and provide timely updates to ICBC during the course of such investigation; (

d) take all reasonable steps to prevent a recurrence of such Breach Incident; (

e) cooperate with ICBC in any litigation or investigation against third parties deemed necessary by ICBC to protect the Personal Information, to the extent such litigation or investigation is related to the subject matter of this Agreement; (

f) if required by ICBC in its sole discretion, notify the OIPC or any other person of the Breach Incident; and (

g) provide to ICBC all information reasonably requested by ICBC regarding a Breach Incident, including any information ICBC requires for the purpose of determining whether ICBC is required to give notice to affected individuals or regulators, or for the purpose of 11.1 11.2 11.3 11.4 11.5 11.6

7 providing any notice to affected individuals or regulators, whether the notice is required under FIPPA or otherwise. ECC-VAU will promptly and fully cooperate and comply with any investigation, review, order or ruling of the OIPC in connection with the Personal Information. 12. NON‐CO MPLIANCE AND AUDIT ECC-VAU will immediately notify ICBC in writing and provide details of any known or suspected non-compliance with this Agreement, and will promptly take reasonable steps to address and prevent recurrence of such non-compliance. During the term of this Agreement and for 24 months thereafter: (

a) ICBC may conduct a review (by way of questionnaire or otherwise) of ECC-VAU’s information management policies and practices relevant to ECC-VAU’s compliance with this Agreement, including a review of ECC-VAU’s user access and transaction logs, reports or other documents that track how Authorized Employees are accessing the Personal Information, including documents that contain Personal Information. ECC-VAU will cooperate in all such reviews and promptly forward to ICBC any records ICBC may require to determine whether ECC-VAU is complying with this Agreement; and (

b) ICBC or its authorized representative may, upon reasonable notice and with the consent of ECC-VAU, during regular business hours, enter ECC-VAU’s premises to inspect any Personal Information in the custody of ECC-VAU and any of ECC-VAU’s information management policies or practices relevant to ECC-VAU’s compliance with this Agreement. ICBC may in its sole discretion monitor and review all Authorized Employees’ access to ICBC systems to determine whether they are complying with the terms of this Agreement and their access restrictions.

If ICBC reasonably believes that any of ECC-VAU’s officers, directors, employees or Authorized Users have failed to comply with this Agreement, or upon the occurrence of a Breach Incident, then ICBC may do one or more of the following: (

a) require the non-compliance to be remedied within a time period specified by ICBC, and if not remedied to the reasonable satisfaction of ICBC within that time period, suspend ECC- VAU’s access to the Personal Information immediately; (

b) require ECC-VAU to take whatever actions are necessary to prevent the recurrence of the non-compliance and/or Breach Incident ; (

c) suspend ECC-VAU’s access to ICBC systems and the Personal Information pending conclusion and satisfactory resolution of the investigation into the non-compliance and/or Breach Incident ; (

d) suspend, terminate or require that additional safeguards be imposed on any Authorized Employee’s access to the Personal Information; (

e) require ECC-VAU to comply with any reasonable direction of ICBC with respect to access, use, disclosure, and destruction of the Personal Information; or (

f) notify any other person of the non-compliance or Breach Incident , as applicable and determined by ICBC in its sole discretion. 11.7 12.1 12.2 12.3 12.4

8 Annually, ECC-VAU will provide ICBC with a certificate confirming its compliance with all obligations under this Agreement. At either Party’s written request, an independent, external auditor may be appointed to review ECC-VAU’s information practices under this Agreement. The Party requesting the audit will ensure that the auditor provides both Parties with the results of any such audit as soon as possible after the conclusion of the audit. Unless otherwise agreed by the Parties, costs and expenses related to an external audit referenced in

section 12.6 above will be incurred by the Party initiating the audit, unless the audit uncovers a Privacy Breach in which case the breaching Party will pay the costs and expenses. Should both Parties be found in breach, the costs and expenses will be shared between them. 13. COMPLIANCE REPRESENTATIVE ECC-VAU will ensure that a Compliance Representative has been appointed within its organization to be responsible for, and to have the authority to ensure, privacy compliance generally and compliance with this Agreement specifically.

As at the date of this Agreement, ECC-VAU has appointed the Compliance Representative referenced at Appendix E of this Agreement. ECC-VAU will promptly advise ICBC of any change to its Compliance Representative. 14. STORAGE OF PERSONAL INFORMATION OUTSIDE CANADA ECC-VAU will comply with all applicable FIPPA restrictions on storage or disclosure of Personal Information outside Canada, if any. 15.

RECORDS RETENTION AND DESTRUCTION Subject to any applicable legal or regulatory obligations, ECC-VAU will not retain any Personal Information in any form whatsoever (including without limitation hard copy or electronic formats), longer than is necessary to perform: (

a) the Authorized Purpose(s); and (

b) ECC-VAU’s obligations under this Agreement. Once any legal or regulatory retention periods have been reached, and in accordance with its document retention and destruction policies, ECC-VAU will securely destroy any and all Personal Information that may be received from ICBC pursuant to this Agreement and all records thereof in a manner that conforms to the requirements of FIPPA, is appropriate for the particular media, but in any event in such a manner that the Personal Information contained in the record or any portion of the Personal Information cannot be subsequently retrieved, accessed or used by ECC- VAU or any other person. 12.5 12.6 12.7 13.1 13.2 14.1 15.1 15.2

9 16. ACCURACY AND CORRECTION OF INFORMATION In compliance with

section 28 of FIPPA, ECC-VAU will make all reasonable efforts to ensure that the Personal Information of an individual in its care or custody is accurate and complete. As required by

section 29 of FIPPA, if an individual member of the public notifies ECC-VAU that a record or details of the individual’s Personal Information is incorrect or incomplete, ECC-VAU will: (

a) verify the accuracy of the Personal Information with ICBC; (

b) if appropriate, advise the individual to make a formal request to ICBC for correction of Personal Information in accordance with FIPPA; and (

c) if applicable, advise ICBC that a correction of Personal Information has been made. 17. TERM AND TERMINATION This Agreement will be in force for an indefinite period commencing on the Effective Date and continuing perpetually unless terminated earlier in accordance with this Agreement. 17.2 The Parties will conduct a review of this Agreement in its entirety (a “Review”) on or before the third anniversary of the Effective Date. The Parties will conduct subsequent Reviews of this Agreement no more than (3) three years following the date of the previous Review.

Once the Parties have completed a Review; each Party will document the results of the Review unless otherwise agreed by the Parties. In addition to such scheduled mandatory Reviews, the Parties will review periodically, as needed, the terms, conditions and procedures set out in this Agreement and its appendices. In conducting a Review or other periodic reviews of this Agreement, the Parties will consider whether the Agreement should continue in its current form, be revised or be terminated. If a Review is not conducted by the end of each (3) three-y ear period described in

section 17.2 above, the Agreement will be terminated effective ninety days (90) following the third anniversary of the Effective Date, or following the third anniversary of the previous Review date, whichever is applicable. ICBC may terminate ECC-VAU’s access to ICBC’s systems at any time following termination of this Agreement.

However, if ECC-VAU continues to have access to ICBC Personal Information after termination of this Agreement, then all terms and conditions of this Agreement survive and will continue to apply for as long as ECC-VAU has access to ICBC Personal Information unless the Parties agree in writing that such terms and conditions cease to apply, or unless the Parties reach a new agreement on the same subject matter. Notwithstanding any other term in this Agreement: (

a) ICBC may terminate this Agreement and all associated access to Personal Information upon 30 days’ written notice to ECC-VAU; and (

b) ECC-VA U may terminate this Agreement for any reason upon 30 days’ written notice to ICBC. 18. CO STS 16.1 16.2 17 .1 17.3 17.4 17.5

10 Currently, there is no cost to ECC-VAU for ICBC’s provisioning of the systems access and other access to Personal Information described in this Agreement. However, if during the term of the Agreement, there are systems changes at ICBC or ECC-VAU, or changes to the way ECC-VAU accesses the Personal Information described in this agreement (collectively, “Access Changes”), any of which would: (

a) require ICBC to make systems or other modifications to continue providing ECC-VAU with the Personal Information described in this Agreement (“Systems Modifications”); and (

b) would cause ICBC to incur additional costs, ECC-VAU may be required, at ICBC’s sole discretion, to pay the additional costs associated with such Systems Modifications, as well as any ongoing costs of maintaining such access, including but not limited to licence fees. ICBC will consult with ECC-VAU before making any Systems Modifications that would result in additional costs to ECC-VAU. If the parties cannot agree on costs applicable to this Agreement, then either party may terminate this Agreement by giving the other party 30 days’ notice in writing.

ICBC will invoice costs for any Systems Modifications once complete, and any ongoing costs on a monthly basis. Payment terms are net 30 days from receipt of invoice. ECC-VAU will be responsible for all of its own costs of obtaining and maintaining access to Personal Information under this Agreement, including any technological or other measures required in the event of Access Changes. 19. ASSIGNMENT AND SUBCONTRACTING ECC-VAU will not, without the prior written consent of ICBC: (

a) assign, either directly or indirectly, this Agreement or any of ECC-VAU’s rights under this Agreement; or (

b) subcontract any of ECC-VAU’s obligations under this Agreement. No subcontract entered into by ECC-VAU will relieve it from any of its obligations under this Agreement or impose upon ICBC any obligation or liability arising from any such subcontract. 20. FORCE MAJEURE Neither Party will be responsible or liable for any delay or failure to perform any of its obligations under this Agreement (other than a payment obligation under

section 18 for Systems Modifications completed by ICBC prior to the occurrence of a Force Majeure Event) caused by an event or circumstance beyond the Party's control by reason of any act of god, act, law or regulation of any governmental or military authority, pandemics, epidemics, viral outbreaks, war, terrorism, riots, insurrections, mob violence, fires, explosions, earthquakes, floods, unusually severe weather conditions, such as hurricanes, power outages, strikes (actual or imminent), walkouts, labour disruptions or unavoidable casualty, or any act or event which is beyond the reasonable control of a Party (a “Force Majeure Event”).

If a Party experiences a Force Majeure Event, its inability to perform shall not be deemed a breach of this Agreement or the basis of any claim for damages against that Party. 18.1 18.2 18.3 18.4 19.1 19.2 20.1

11 If a Party is affected by a Force Majeure Event, prompt notice of same shall be provided to the other Party. Performance by the Party experiencing the Force Majeure Event shall be suspended during such period of inability. The Party experiencing the Force Majeure Event shall use reasonable commercial efforts to remove, rectify, mitigate or contain the applicable Force Majeure Event. 21.

NOTICES 21.1 All notices and communications required or permitted under this Agreement must be in writing and must be delivered to the other Party at the addresses or electronic mail addresses set forth below or at such other addresses as may from time to time be notified in writing by that Party pursuant to this

section 21. Delivery of notices and communications will be deemed to have occurred for the various delivery methods as follows: (

a) by mail - 72 hours after being deposited in the mail in Canada with first class postage prepaid; (

b) by personal delivery - when delivered; (

c) by courier - on the next business day following the date of such delivery; and (

d) by electronic transmission - on the next business day following the date of successful transmittal. ICBC contact information for notice: Insurance Corporation of British Columbia Contact Person: Nicola Linton, Manager, Privacy & PFOI Address: 151 W. Esplanade, North Vancouver, V7M 3H9 E-mail Address: Nicola.Linton@ICBC.COM ECC-VAU contact information for notice: Manager, Verification and Audit Unit Child Care Division Ministry of Education and Child Care 395 Waterfront Crescent, Victoria, BC V8T 5K7 E-m ail Address: ECC.verification.and.audit.operations@gov.bc.ca 22.

G ENERAL The sections of this Agreement that impose obligations on either Party concerning the use and management of Personal Information will survive and apply after the expiry or earlier termination of this Agreement. The attached appendices are part of this Agreement. If there is a conflict with an attached appendix and any provision of the main body of this Agreement, the provision in the main body of this Agreement will prevail.

The Parties agree that there are no collateral contracts or agreements between them with respect to the subject matter of this Agreement, that neither of them has made any representations, including but not limited to negligent misrepresentations, to the other except 20.2 21.2 21.3 22.1 22.2 22.3

12 such representations as are specifically set forth in this Agreement. This Agreement supersedes and replaces any previously executed Agreement dealing with the same subject matter. Any amendments to this Agreement must be in writing and signed by both Parties. This Agreement may be executed with electronic signatures, in counterparts, and may be delivered by electronic transmission, and each counterpart when so executed, delivered and received will be deemed an original, and all such counterparts will together constitute one and the same document.

This Agreement will be governed by and interpreted in accordance with the laws of British Columbia. The Parties hereby attorn to the exclusive jurisdiction of the courts of British Columbia. ECC-VAU will notify ICBC forthwith of any change in its name, or any change in its organizational structure that may affect processes, procedures or ECC-VAU’s obligations under this Agreement in any manner. SIGNED BY THE PARTIES by their duly authorized representatives as of the dates set forth below.

INSURANCE CORPORATION OF BRITISH COLUMBIA HIS MAJESTY THE KING in right of the PROVINCE OF BRITISH COLUMBIA, as represented by the MINISTER OF EDUCATION AND CHILD CARE Name: Name: Hugo Belanger Title: Title: Executive Director Signature: Signature: Date: Date: 22.4 22.5 22.6 22.7

13 APPENDIX A ECC PROGRAMS CHILD CARE PROGRAMS ECC’s Child Care Division provides the following programs and services to support parents with a variety of child care options and to assist parents and care providers with the costs associated with child care. ECC'S Child Care Division is responsible for the operational management and delivery of child care programs and services provided across the province. Affordable Child Care Benefit The Affordable Child Care Benefit is a child care benefit monthly payment to help eligible families with the cost of child care.

Factors like income (for many families), family size, and type of care determine how much support families can get. Child Care Operating Funding Child Care Operating Funding (CCOF) is available for eligible licensed providers through CCOF Base Funding, the Child Care Fee Reduction Initiative (CCFRI) and the Early Childhood Educator W age Enhancement (ECE-W E). Thi s funding is available to assist with the day-t o-d ay costs of running a licensed child care facility, r educe fees for parents, and enhance Early Childhood Educator wages. P articipation in CCOF Base Funding, CCFRI and ECE- WE is optional.

However, enrolment in CCOF B ase Funding is required to apply for CCFRI and ECE- WE. N ew Spaces Fund The Childcare BC New Spaces Fund provides funding to create new licensed child care, helping families access quality, affordable, and inclusive child care while strengthening communities across British Columbia. S tart‐ Up Grants The Start-Up Grants program (SUG) helps to increase the number of licensed child care spaces available to B.C families by supporting individuals who want to operate a licensed child care business in their personal residence.

The grant assists with the costs associated with obtaining a Group, Family, or In- Home Multi-Age license. SUG debt arises when an applicant does not become licensed or fails to be operational for the stated commitment period. Child Care Resource and Referral Child Care Resource and Referral (CCRR) centres assist families to find and access responsive and inclusive quality licensed and registered child care by providing information, support, resources and referral services to parents and child care providers across the province.

The majority of CCRR services are provided through contracted agencies, with ECC support in coordinating CCRR programs, administering the CCRR Standards Manual, leading policy decisions and coordinating with the Regional Coordinator team. Debt arises when the contracted agency receives funding to which they were not entitled to receive (e.g., when services under the CCRR agreements are not delivered, or surplus funds are in excess of 5% of total amounts paid).

14 $10aDay ChildCareBC Centres $10aDay (TDAD) operating funding is available to eligible licensed providers through the Revenue Replacement, Eligible Expense and Operating Funding Models. Thi s funding is available to fund the majority of the day-t o-d ay costs of running a licensed child care facility, and significantly reduce fees for parents to a maximum of $200 a month per child. O ther Programs Other Child Care Programs that will utilize the ICBC Personal Information and are covered by ELCCA or FIPPA authorities within this Agreement.

An example of this is Aboriginal Head Start, a funding stream that issues funding to two specific agencies that distribute that funding to child care providers in Indigenous communities.

15 APPENDIX B PERSONAL INFORMATION DISCLOSED BY ICBC (SECTION 4) 1. SYSTEMS ACCESS ICBC will disclose the following information, including Personal Information, to ECC-VAU via ECC- VAU electronic access to ICBC systems as specified below: Information Disclosed by ICBC ICBC Access/Transactions RACF Groups (ICBC Access Profiles) 1. MTRHTMCS - Menu for the Client System • Lists most of the available Client transaction names and function command codes. Note that not all Client transactions are listed on the MSC menu as some transactions have limited security only access.

To initial the MCS transactions from within the Client system, on the command line, input: MCS <enter> or MCS (space) Client Number <enter>. MTRHTQCA - Query Client Address • Lists all addresses recorded against an individual client’s record or organization’s record; • Search result shows client name, client number and name of organization, legal name, client status [A-Verified Active, D- Deceased (verified), I-Inactive, N-Not verified or X-Deceased not verified], client type, usual address reference, drivers, vehicles, others, address history with effective and terminated dates.

MTRHTQCX - Query Client Detail • Lists most recent address recorded against an individual client’s record; • Via name search, search result shows client number, status of the client record, effective date, surname, legal given name, date of birth, sex, client’s current “official” address, date last updated. 1027 - CPIC - Driver Licence Inquiry • Owner's driver's licence (if on file), surname, first name, initial, address, city, postal code, date of birth, sex, licence plates issued 1028 - CPIC - Licence Plate Inquiry • Licence plate, status, expiration, registration, date, last change, decal #, year of vehicle, make, model, colour, commercial (if • MTRHTMCS – Menu for Client system • MTRHTQCA – Query Client Address • MTRHTQCX – Query Client Data • 1027 – Driver Licence Inquiry • 1028 – Licence Plate Inquiry • 1048 – VIN # Inquiry • 1068 – Registration # Inquiry MINEP005 1.1

16 designated), vehicle identification number, gross vehicle weight, net weight, number of owners, MVA-VI # (impoundment file #), related file, vehicle inspection order date, surname, first name, initial, address, city, province, postal code, principal operator’s drivers licence number, and driver licence file number. 1048 - CPIC - VIN # Search • Licence plate, status, expiration, registration, effective date, last change date, decal number, year of vehicle, make, model, colour, VIN #vehicle identification number, gross vehicle weight, net weight, number of owners, MVA-VI # (impoundment file #), related file, vehicle inspection order date, surname, first name, initial, address, city, province, postal code, driver licence on file, National Safety Code #, Motor Carrier Licence #, licence history (history of licence plates attached to a vehicle), effective and expiry date, and vehicle history (history of vehicle registration numbers attached to a licence plate). 1068 - CPIC - Registration # Inquiry • Licence plate, status, expiration, registration, effective date, last change date, VSTAT status, decal number, year of vehicle, make, model, colour, vehicle identification number, gross vehicle weight, net weight, number of owners, MVA-VI # (impoundment file #), related date file, vehicle inspection order date, surname, first name, initial, address, city, province, postal code, owner’s driver’s licence number (if on file), principle operator’s drivers licence number, driver licence on file, National Safety Code number, Motor Carrier Licence number, licence history (history of licence plates attached to a vehicle), effective and expiry date, and vehicle history (history of vehicle registration numbers attached to a licence plate).

17 2. OTHER ACCESS TO ICBC INFORMATION If requested by ECC-VAU and approved by ICBC in its sole discretion, ICBC may disclose other information (including Personal Information) to ECC-VAU for the Authorized Purposes and such disclosure will: (

a) occur in the manner and timeframe agreed to by the Parties; (

b) be documented by an agreement between ECC-VAU and ICBC or other form determined by ICBC; and (

c) unless otherwise agreed to by the Parties, be subject to the terms of the Agreement that govern ECC-VAU’s collection, use, handling, or disclosure of Personal Information (if the information disclosed pursuant to this

section 2.1 includes Personal Information). 2.1

18 APPENDIX C ACCESS REQUEST/DELETION FORM Send request via email to: MinistryRequests@icbc.com Information to be provided for requesting add/change/deletion of access: User Name Existing User ID (if applicable) Job Title Naming Convention (if applicable) ECCVAU Access Required MINEP005 Name and date of agreement authorizing access (ISA/MOU) Information Sharing Agreement between ICBC and ECC-VAU dated as of [fill in date] Reason for request

19 APPENDIX D ECC‐VAU’S PR IVACY POLICY AND BREACH INCIDENT PROCEDURES ECC-VAU follows the BC government policies and processes described below: i. Privacy Management and Accountability Policy (currently found at: https://www2.gov.bc.ca/assets/gov/british-columbians-our-governments/services-policies- for-government/information-management-technology/information- privacy/resources/policies-guidelines/pmap_version_4.pdf ii.

Information Incident Management Policy (currently found at: https://www2.gov.bc.ca/assets/gov/british-columbians-our-governments/services-policies- for-government/information-management-technology/information- privacy/resources/policies-guidelines/iimp_final.pdf iii. Process for Responding to Privacy Breaches (and/or Privacy Complaints) (currently found at: https://www2.gov.bc.ca/gov/content/governments/services-for-government/information- management-technology/privacy/privacy-breaches iv.

Access Control Security (ACS) Standard - LOB Applications (DOCX) – This ECC(ECC-VAU) guideline identifies the controls that restrict access to government information and information assets. It protects Personal Information from security threats such as internal and external intrusions. This guideline has been modified slightly in order to reflect ECC’s (ECC-VAU) internal processes and procedures. ECC is committed to the BC government’s ACS Standard.

20 APPENDIX E ECC‐VA U COMPLIANCE REPRESENTATIVE Name/Title: Mark Castator/VAU Manager Telephone number: 236-468-3270 E-mail Address: mark.castator@gov.bc.ca END OF DOCUMENT

Document details

Collection	British Columbia — Orders in Council
Citation	oic cur 0149 2025
Type	order_in_council
Volume / chapter	oic cur 0149 2025
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	0c5da447807417374cdfb8ff1091c01f30597dd7

Source file is stored in the law ingest library (pdf).