British Columbia Order in Council — Order under Child Care Subsidy, s (O.C. 172/2022)

O.C. 172/2022

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 Children and Family Development 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: Child Care Subsidy Act, R.S.B.C. 1996, c. 26, s. 9 (2) Other: OIC 204/2014 O20582433 page 1 with attachment (19 pages total) On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective April 1, 2022 approval is given to the Minister of Education and Child Care to enter into an information- sharing agreement with the Minister of Social Development and Poverty Reduction that is substantially in the draft form attached to this order. 172 April 1, 2022

INFORMATION SHARING AGREEMENT BETWEEN: The Ministry of Social Development and Poverty Reduction ("SDPR") AND: The Ministry of Education and Child Care ("ECC") (Collectively “the Parties") 1. Purpose This information sharing agreement (ISA) sets out the conditions under which the ECC Child Care Division Verification and Audit Unit (VAU) and SDPR, Service Delivery Division, Prevention and Loss Management Services Branch (PLMS) can exchange information to verify a client's eligibility for programs and/or funding in compliance with the Freedom of Information and Protection of Privacy Act (FOIPPA), for the administration and enforcement of their respective Acts and Regulations, being the:

a) Child Care Subsidy Act (CCSA) and Regulation.

b) Employment and Assistance Act (EAA) and Regulation; and

c) Employment and Assistance for Persons with Disabilities Act (EAPWDA) and Regulation. 2.

Interpretation In this ISA: (a) "Personal Information" has the same meaning as it does in FOIPPA and refers to the personal information exchanged by ECC and SDPR under this ISA; and (b) "Public Body" has the same meaning as it does in FOIPPA and includes ECC and SDPR.

2 3. Authority to enter into this ISA

a) the Minister of ECC may: (

i) under

section 9 (2) of the CCSA, with the prior approval of the Lieutenant Governor in Council, enter into an information-sharing agreement with a Public Body and SDPR is a Public Body; and (ii) under

section 9 (3) of the CCSA, enter into an information-sharing agreement for the purposes of the administration of the CCSA or a social benefit program operated by a Public Body and SDPR's Employment and Assistance Program is such a social benefit program.

b) the Minister of SDPR may: (

i) under

section 30 (2.1) of the EAA and

section 21 (2.1) of the EAPWDA, enter into an information-sharing agreement with a Public Body and ECC is a Public Body. (ii) under

section 30 (3) of the EAA and

section 21 (3) of the EAPWDA, enter into an information-sharing agreement for the purposes of the administration or enforcement of the EAA, the EAPWDA or a social benefit program operated by a Public Body and ECC’s Child Care Subsidy Program is such a social benefit program; and (iii) under

section 30 (2.2) of the EAA and

section 21 (2.2) of the EAPWDA, enter into an information-sharing agreement with a Public Body without obtaining the prior approval of the Lieutenant Governor in Council, if the information-sharing agreement is for the purposes of the administration or enforcement of the EAA, the EAPWDA or another British Columbia enactment and the CCSA is such an enactment. 4. Authority to Collect and Disclose Personal Information

a) ECC may collect Personal Information under the authority of

section 5(1) (

b) of the CCSA and sections 26 (

a) and (

c) and

section 27(1)(b) (c.1) of FOIPPA.

b) Under

section 26 (

a) of FOIPPA, SDPR may collect Personal Information where the collection of that information is expressly authorized under

an Act.

Section 10 (1) (

f) of the EAA and

section 10 (1) (

f) of the EAPWDA authorize SDPR to seek verification of information provided by an applicant or recipient.

c) Under

section 26 (

c) of FOIPPA, SDPR may collect Personal Information that relates directly to and is necessary for any of its operating programs or activities.

d) Under

section 27 (1) (a)(

b) and (c.1) of FOIPPA, SDPR is not required to collect Personal Information directly from the individual the information is about if another method of collection is authorized by the individual or another enactment or the information may be disclosed to SDPR under

section 33 of FOIPPA.

e) Under

section 33(2)(

g) of FOIPPA, ECC may disclose personal information in accordance with a written agreement that authorizes its disclosure and is made under an enactment of British Columbia. This ISA is such an agreement that is made under

section 9 of the CCSA.

f) Under

section 33(2)(

g) of FOIPPA, SDPR may disclose personal information in accordance with a written agreement that authorizes its disclosure and is made under an enactment of British Columbia. This ISA is such an agreement that is made under

section 30 (2.1) of the EAA and

section 21 (2.1) of the EAPWDA. 5. Sharing of Personal Information

a) SDPR, PLMS may provide Personal Information to ECC VAU as set out in Appendix B

b) ECC VAU may provide Personal Information to SDPR, PLMS as set out in Appendix C. 6. Methods of Sharing Information and Limitations

a) Each Party will use the approved form [placeholder for form number] set out in Appendix D, or any alternate form approved by the Parties, to request Personal Information from the other Party under this ISA.

b) SDPR, PLMS will follow the process to request Personal Information set out in Appendix E.

c) ECC, VAU will follow the process to request Personal Information set out in Appendix F.

d) Information will only be collected or disclosed on a case- by-case basis. This ISA is not an agreement for automated data-matching and does not entitle a Party to direct access to the other Party's records.

e) Upon receiving form [placeholder for form number], the disclosing Party may request Personal Information sufficient for it to identify the person the request relates to and may release such Personal Information as it deems necessary to fulfill the request.

f) Requests for and Disclosure of Personal Information will be made by:

i) Government e-mail system. ii) Facsimile transmission or; iii) Mail or; iv) Other government approved exchange process

g) The exchange of Personal Information by one of the above methods must comply with the Security

section of this ISA (Section 9). Form [placeholder for form number], set out in Appendix D, will be used to facilitate the information exchange process. 7. Use of Personal Information Personal Information communicated between the Parties under this ISA will be used in accordance with

section 32 of FOIPPA, solely for determination or verification of eligibility for a program or funding administered by the Party receiving the information, as well as for the identification of overpayments and investigation of fraud. 8. Accuracy

a) Each Party will make every reasonable effort to ensure that the Personal Information in its custody or control is accurate, complete and current.

b) Each Party will inform the other Party of inaccurate Personal Information and both Parties will correct the inaccurate Personal Information as soon as reasonably possible, both within their own records, and by contacting the person to whom the information has been disclosed to advise them of the inaccuracy. 9. Security

a) Each Party, in accordance with

section 30 of FOIPPA, will make reasonable arrangements to maintain the security of the Personal Information in its custody by protecting it against such risks as unauthorized access, collection, use, disclosure or disposal.

b) Each Party will implement this ISA in conformity with the government's Information Security Policy.

c) Each Party will advise the other Party as soon as reasonably possible of:

i) any circumstances, incidents or events which to its knowledge have jeopardized or may in future put at risk:

5 (

A) the privacy of individuals in relation to Personal Information obtained under this ISA; or (

B) the security of any computer system in its custody that is used to access or store the Personal Information; or ii) the possibility of non-compliance with the privacy provisions of the FOIPPA in relation to Personal Information obtained under this ISA.

d) Both Parties will use Provincial Government recognized security mechanisms such as passwords, encryption or other reasonable safeguards to protect exchanged Personal Information. 10. Access to the Personal Information

a) The Parties will ensure that persons having access to the information exchanged under this ISA are fully familiar and compliant with the Parties' respective security and confidentiality policies, legislation and regulations.

b) The Parties will ensure that the authority to request Personal Information under this ISA is given only to persons who are authorized to perform duties as described under

section 7 of this ISA. 11. Compliance

a) Each Party will at all times maintain a current list of job positions or titles (the "Authorized Requesters List"), of which the individuals employed in those positions or with those titles are authorized to make a request for personal information in the custody and control of the other Party. Each Party will provide its Authorized Requesters List to the other party at the date this ISA is signed (attached as Appendix H to this ISA).

b) During the term of this ISA, each Party may at any time and from time to time change its Authorized Requesters List. If a Party makes a change to its Authorized Requesters List, that Party will provide an updated Authorized Requesters List to the other Party within five (5) business days of the change. Either Party may request a copy of the other Party's Authorized Requesters List at any other time, in which case the Party receiving the request will provide a copy of its Authorized Requesters List to the other Party within a reasonable time.

c) Each Party will record and monitor requests made by the other Party under this ISA and the Parties will control access in compliance with government policy.

d) Both Parties must conduct their own audits to ensure compliance of requests under this ISA and report any anomalies to the other party.

e) Each Party will, on request by the other Party, promptly forward to the requesting Party, any records required to review compliance with this ISA. 12. Investigations

a) Each Party will investigate all reported cases of:

i) unauthorized requests or access to or modification of the Personal Information in its custody or control; ii) unauthorized use of the Personal Information in its custody or control; iii) unauthorized disclosure of the Personal Information in its custody or control; iv) breaches of privacy or security with respect to the Personal Information in its custody or control, or with respect to any computer system in its custody or control that is used to access the Personal Information.

b) Privacy breach investigations will comply with the Office of the Chief Information Officer's Privacy Breach Policy. 13. Designated Officials The Designated Officials for each party identified and set out in Appendix A have the following responsibilities:

a) Agreement Administrator: i. ensures persons on the Authorized Requesters list are aware of the terms of this ISA and their responsibilities regarding the ISA and FOIPPA; ii. ensures the terms of sections 3 to 10 are implemented; and iii. initiates audit of the other Party's compliance with the terms of this ISA and FOIPPA.

b) Appendix Manager: i. Oversees and makes amendments to the appendices.

c) Authorized Requesters List Manager: i. Maintains the Authorized Requesters list. 14. Changes to Legislation or Policy The Parties will notify each other of any change in legislation, regulation or policy relating to their respective program or privacy legislation that is likely to affect this ISA. 15. Modification of ISA- General

a) This ISA may be modified by the mutual agreement of the Parties.

b) Any modification to this ISA must be agreed to in writing. 16. Termination

a) Either Party may terminate this ISA at any time with 30 days written notice to the other Party.

b) Upon the termination of this ISA:

i) The Personal Information exchanged will only be used for the purposes stated in this ISA. ii) The information supplied to the other Party shall be retained, destroyed or disposed of in compliance with FOIPPA and the Information Management Act. 17. Term of ISA This ISA will be in force during the period commencing on the date the ISA is signed by both parties and ending when terminated in accordance with

section 16. 18. Appendices and Schedules

a) The following appendices and schedules to this ISA form part of the ISA. Appendix A: Designated Officials Appendix B: Information SDPR PLMS may disclose Appendix C: Information ECC VAU may disclose Appendix D: SDPR PLMS/ECC VAU Information Request form [placeholder for form number]

8 Appendix E: SDPR PLMS Request Process Appendix F: ECC VAU Request Process Appendix G: SDPR PLMS/ECC VAU Referral Process and Form [placeholder] Appendix H: Authorized Requesters List

b) If there is a conflict between a provision in an appendix and any provision of this ISA, the provision in the appendix is inoperative to the extent of the conflict.

c) The Appendix Managers for the Parties may, by mutual written agreement, approve changes to any appendix.

d) Notwithstanding

section 18(

c) of this ISA, the appendices to this ISA may be added, removed, amended or replaced at any time with the mutual written consent of the Parties, and such amendments may be affected by an exchange of letters between the Parties’ respective Agreement Administrators or their successors.

e) ECC shall notify SDPR forthwith of any change in its name, or any change in its organizational structure that may affect processes, procedures or ECC's obligations under this Agreement in any manner

f) This ISA supersedes and replaces any previously executed Agreement dealing with the same subject matter.

g) This ISA may be executed in counterparts and may be delivered by electronic transmission, and each counterpart when so executed, delivered and received shall be deemed an original, and all such counterparts shall together constitute one and the same document

9 Agreed to on behalf of SDPR: Assistant Deputy Minister Date Ag reed to on behalf of ECC: Assistant Deputy Minister Date ECC OIC# Date

10 Appendix A: Designated Officials Designated officials for ECC Agreement Administrator: Executive Director Child Care Corporate Finance Ministry of Education and Child Care Appendix Manager: Manager, Verification and Audit Unit Child Care Corporate Finance Ministry of Education and Child Care Authorized Requesters List Manager: Manager, Verification and Audit Unit Child Care Corporate Finance Ministry of Education and Child Care

11 Designated Officials for SDPR Agreement Administrator: Director Prevention and Loss Management Services Branch Service Delivery Division Ministry of Social Development and Poverty Reduction Appendix Manager: Program Manager Prevention and Loss Management Services Branch Service Delivery Division Ministry of Social Development and Poverty Reduction Authorized Requesters List Manager: Business Manager Prevention and Loss Management Services Branch Service Delivery Division Ministry of Social Development and Poverty Reduction

12 Appendix B: Information SDPR PLMS May Disclose: Upon receiving the full name, date of birth, Social Insurance Number (where applicable), and the file/case identifier; Child Care Subsidy number and/or the ICM PID number, SDPR PLMS will provide, if available, the following information to ECC VAU:

a) Individual's name and aliases;

b) Individual's date of birth and Social Insurance Number;

c) Individual's current and past addresses and telephone numbers;

d) Citizenship and/or Immigration Status;

e) Name and date(

s) of birth of current and previous spouse(

s) or common law partner (s), including the associated periods of the relationship;

f) Current or previous dependents’ name and date of birth, information regarding custody arrangements for the dependent(s), date the dependent(

s) began residing with the individual if currently residing with the individual, and date(

s) when the dependent(

s) previously resided with the individual;

g) Current Employability classification, including changes in status and date(

s) of change;

h) Employment history, including employers' addresses and telephone numbers;

i) Dates, amount(

s) and type(

s) of assistance issued;

j) Types and amounts of earned and unearned income reported by the client and/or spouse on open or closed file(s);

k) Start and end dates of job training and educational programs, including attendance at post-secondary institutions;

I) The following information relating to Child in Home of Relative (CIHR) files: i. the child's name, aliases, and date of birth; ii. name, date of birth, and current/previous address and telephone number of the family member with whom the child resides or resided, and that family member's relationship to the child; and iii. file open and close date(s)

13 Appendix C: Information ECC VAU May Disclose: Upon receiving the full name, date of birth, Social Insurance Number (where applicable), and the EA case number and/or ICM PIO number, the ECC VAU representative will provide, if available, the following information to SDPR PLMS:

a) Individual's name and aliases;

b) Individual's date of birth;

c) Individual's current and past addresses and telephone numbers;

d) Citizenship and/or Immigration status;

e) Name and date(

s) of birth of current and previous spouse (

s) or common law partner (s), including the associated periods of the relationship;

f) Current or previous dependents’ name, and date of birth, and information regarding custody arrangements for the dependent(s), date the dependent(

s) began residing with the individual if currently residing with the individual, and date(

s) when the dependent(

s) previously resided with the individual

g) Date(s), amount(

s) and type(

s) of earned and unearned income reported to ECC;

h) Employment history, including employers' addresses and telephone numbers

i) Start and end dates of job training and educational programs, including attendance at post-secondary institutions

j) Child Care Subsidy file open and/or closed date(

s) and social need criteria;

k) Date(

s) and amount(

s) of subsidy issued to the individual, including Special Needs Supplement (SNS)

I) The following information relating to Child in Home of Relative (CIHR) files: I. the child's name, aliases, and date of birth; II. name, date of birth, and current/previous address and telephone number of the family member with whom the child resides or resided, and that family member's relationship to the child; and Ill. file open and close date(s).

Appendix D: SDPR PLMS and ECC VAU Information Request Form [SDPR will revise]

15 Appendix E: SDPR PLMS REQUEST PROCESS Information Sharing: MSDPR Information Request to ECC Quality and Compliance Specialist) SDPR) PLMS Supervisor (SDPR) Manager (ECC) QCS File Review in Progress QCS reviews information for eligibility/debt recovery Daycare case noted or allegation received. Complete Form Form approved. Forward to EDUC for completion Send Form request to PLMS Supervisor Completed Form returned by EDUC Request for Information form received Form approved and completed

16 APPENDIX F: ECC VAU REQUEST PROCESS Information Sharing: ECC Information Request to SDPR Verification and Audit Officer (ECC) Manager (ECC) PLMS Supervisor (SDPR) VAU File Review in Progress VAU reviews information for eligibility/debt recovery EA or PWD Case noted or allegation received. Complete Form Form approved. Forwarded to SDPR Send Form request to EDUC Manager Completed Form returned by SDPR Request for Information form received Form approved and completed

17 Appendix G: SDPR PLMS/ECC VAU Referral Process and Form PLMS and VAU agreed that the method of exchange for referrals will be via email (email the form rather than create a Service Request). [Referral form is being updated. Prototype attached. CFD replaced with ECC] SDPR- EDUC REFERRAL.pdf

18 Appendix H: Authorized Requesters Lists 1(

a) Ministry of Social Development and Poverty Reduction, Service Delivery Division, Prevention and Loss Management Services Branch: • Quality and Compliance Specialists • PLMS Supervisors 1(

b) Ministry of Education and Child Care, Child Care Division, Child Care Corporate Finance, Verification and Audit Unit: • Verification and Audit Officers • Manager, Verification and Au dit Unit

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 172/2022
Type	order_in_council
Volume / chapter	arc oic 0172 2022
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	25015ab7dff300854ee8a996f8d4beb941909fbb

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