British Columbia Order in Council — Order under Child Care BC, s (O.C. 171/2022)

O.C. 171/2022

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 BC Act, S.B.C. 2001, c. 4, s. 8 (2); Child Care Subsidy Act, R.S.B.C. 1996, c. 26, s. 9 (2) Other: OIC 774/2016 O30582343 page 1 with attachment (13 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 Ap ril 1, 2022, approval is given to the Mi nister of Education and Child Care to enter into an information-sharing agreement, “Services and Information Sharing Agreement”, with the Minister of Finance that is substantially in the draft form attached to this order. 171 April 1, 2022

SERV ICES AND INFORMATION SHARING AGREEMENT BETWEEN:THE MINISTRY OF FINANCE (FIN) AND THE MINISTRY OF EDUCATION AND CHILD CARE (ECC) (Each a Party and collectively the Parties) Agreement Administrator Jordan Goss Assistant Deputy Minister, Revenue Division Ministry of Finance Phone: 250-387-0665 Email: Jordan.Goss@gov.bc.ca AND Agr eement Administrator Kevena Hall Assistant Deputy Minister, Child Care Division Ministry of Education and Child Care Phone: 77 8 974- 5557 kevena.hall@gov.bc.ca Page 1 of 12

Page 2 of 12 WHE REAS:

A) The Minister of Finance and the Minister of Education and Child Care are jointly responsible for the administration of the billing, receipt, processing or collection of public money (as defined in

section 1 of the Financial Administration Act) for or on behalf of the provincial government, as set out in the OIC 1078/2004.

B) ECC, Child Care Division, Verification and Audit Unit ( ECC, VAU) is responsible for administration of the Child Care BC Act and Child Care Subsidy Act including the recovery of debts incurred by individuals under those Acts or a predecessor Act.

C) Debts incurred under the Acts referred to above are owed to the Province. FIN provides Revenue Management Services to ECC in respect to these accounts receivable as identified in

Schedule D: List of Programs.

D) Section 9 of the Child Care Subsidy Act and

section 8 of the Child Care BC Act authorizes the Minister of Education and Child Care, with prior approval of the Lieutena nt Governor in Council, to enter into this Services and Information Sharing Agreement. NO W THEREFORE, the Parties agree as follows: 1.

INTERPRETATION AND GENERAL MATTERS

DEFINITIONS Unless otherwise provided in this Agreement, capitalized terms shall have the meaning given to those terms in the attached

Schedule A,

Definitions. PURPOSE The purpose of this Agreement is:

a) To document the terms and conditions of the exchange of Data by the Parties in compliance with FOIPPA, the Child Care Subsidy Act and the Child Care BC Act and other applicable legislation (if any) in order to facilitate the collection of Debts by FIN;

b) To define the respective services and responsibilities of the Parties in respect of the administration and recovery of Debt; and

c) To provide a framework for the management of the ongoing relationship between the Parties with respect to Revenue Management Services.

2. TERM AND TERMINATION 2.1 This Agreement will be in force for a period of five years from the most recent review carried out under s.2.3 of this Agreement. 2.2 This Agreement may be terminated at any time upon providing 30 days written notice by either Party. 2.3 The Parties agree they will review the Agreement every two (2) years. 2.4 Upon termination of this Agreement, the Parties will arrange for the orderly transition, storage, and destruction of files containing Data in accordance with all laws and government policies and procedures.

Both Parties agree to immediately: • stop access to, use or disclosure of Data; and • take all steps necessary to prevent access to, use or disclosure of Data. 3. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the Parties pertaining to the subject matter of this Agreement and supersedes all prior agreements, understandings, including prior Memoranda of Understanding, negotiations and discussions whether oral or written, of the Parties or their predecessors with respect to the subject matter of this Agreement. 4.

AMENDMENTS This agreement may be modified in writing by agreement of the Parties. 5. NOTICE 5.1 Each Party will provide advance notice to the other Party of any known future operational, legislative, policy or technical change that could impact such other Party. 5.2 Wherever under this Agreement one Party is required or permitted to give notice to the other Party, that notice will be in writing by email to the: • Director of Operations, Policy and Strategy, Receivable Management Office, Ministry of Finance; or • Manager, Verification and Audit Unit, Ministry of Education and Child Care Page 3 of 12

6. RESPONSIBILITIES AND RELATIONSHIP Each of the Parties shall perform their respective responsibilities as set out below. RES PONSIBILITIES OF ECC

a) Enrolment and maintenance of all records before Debt is referred to FIN for recovery.

b) Timely account escalation of Debts for recovery.

c) Removal of the Debt from the system of record, or financial sub- ledgers, or both once Debt is referred to FIN for recovery.

d) Provision of accurate and detailed Debtor information.

e) Confirmation that all Debts are accurate and defensible and that all avenues for dispute have been exhausted.

f) Authorization of write- offs and extinguishments prior to formal write- off or extinguishment by FIN according to CPPM.

g) Collaboration with FIN on communications including ministerial inquiries, media inquiries, F OI Requests, etc.

h) Program-related policy and legislation.

i) Authorization of set -off to be applied if FIN identifies an amount payable under

an Act prescribed by the Child Care Subsidy Regulation that could be set-off against a debt under the Child Care Subsidy Act.

j) Authorization of set -off to be applied if ECC identifies an amount payable for a future child care grant that could be set -off against a debt under the Child Care BC Act. RES PONSIBILITIES OF FIN

a) Revenue Management Services for referred Debts.

b) Financial reporting and accountability to the Corporate Accounting System and Office of the Comptroller General required with respect to revenues, bad debts and receivables.

c) Recommendation to ECC of debts to be written off and extinguished.

d) Maintenance of financial system of record including reporting, process changes, modifications and other issue resolution. Page 4 of 12

e) Access, account maintenance and support of TACS.

f) Management of communication channels for Debtor contact, including. website and phone system, with the accessibility to refer to ECC where appropriate.

g) Collaboration with ECC on communications including ministerial inquiries, media inquiries, FO I Requests, etc. OBJ ECTIVES AND RELATIONSHIP • In relation to the services and responsibilities outlined in this Agreement, the Parties shall work with each other to: • Perform their res pective and joint duties; and • Identify opportunities for improvement. • The Parties recognize that in any working relationship, differences of opinion or

interpretation, or a divergence of interest may occur. The Parties, through the Executive Governance Committee, will negotiate in good faith and settle any dispute or difference which may arise between them concerning this Agreement or its construction or effect, or the rights, duties or liabilities of the Parties under it, or any other matter in any way connected with or arising out of its subject matter. 7. GOVERNANCE AND MEMBERSHIP Governance of this Agreement shall consist of a joint executive committee and a joint operational committee as detailed in

Schedule B, Governance and Membership. 8. COSTS 8.1 Each Party reserves the right to change its systems and processes to meet operational needs. 8.2 Any new or significant change in technology or business will be referred to the Executive Governance Committee. 8.3 Each Party shall bear its own costs.

If there is a Cost, the Party which initiates the change is responsible for the Cost, unless otherwise agreed to by the Executive Governance Committee. 8.4 Where FIN has exhausted all available collection remedies provided by the FAA, the Child Care Subsidy Act and the Child Care BC Act, ECC is responsible for seeking legal assistance or advice, or both, as well as any costs associated with pursuing recoveries through the courts. Page 5 of 12

9. EXCHANGE OF DATA BETWEEN FIN AND ECC 9.1 FIN uses TACS. 9.2 FIN will provide ECC with access to TACS sufficient to input and review all of the Data, but ECC may not amend it once it has been entered, except as noted below. • FIN will provide ECC with access to TACS sufficient to amend the debt amount once it has been entered. 9.3 ECC will use this access to provide FIN with ECC Data as detailed in

Schedule C, List of Data. 9.4 All Data exchanged by the Parties will be exchanged using government -approved methods and protocols that meet government standards. 9.5 The Parties will only access, use or disclose Data for authorized purposes and in accordance with FOIPPA and any other legislation, regulations, or Province policies which may apply to the collection, use and disclosure of Data under this Agreement in order to facilitate the collection of Debts by FIN. 9.6 The Party that discloses the Data to the other Party retains control over Data exchanged under this Agreement, regardless of where physical custody of such Data is. 10.

AUTHORITY FOR COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION 10.1 Ministry of Education and Child Care and Ministry of Finance are public bodies for the purposes of FOIPPA. 10.2 ECC is authorized to collect Personal Information from FIN under

section 26(

c) and 27(1)(c)(iii) of FOIPPA. 10.3 ECC is authorized to use Personal Information under sections 32(

a) and 32(

c) of FOIPPA. 10.4 ECC is authorized to disclose Personal Information to FIN under sections 33(2)(

o) and 33(2)(

p) of FOIPPA. Disclosure is also authorized on request of FIN by 33(2)(

e) of FOIPPA per

section 16.1(2)(

b) of the FAA. 10.5 FIN is authorized to collect Personal Information from ECC under sections 26(c), and 27(1)(c)(iii) of FOIPPA and

section 16.1(2)(a)(ii) of the FAA. 10.6 FIN is authorized to use Personal Information under sections 32(

a) and 32(

c) of FOIPPA and per

section 16.1(2)(a)(

i) of the FAA. 10.7 FIN is authorized to disclose Personal Information to ECC under sections 33(2)(e),33(2)(

o) and 33(2)(

p) of FOIPPA. Page 6 of 12

11. ACCURACY OF INFORMATION 11.1 Each Party will make reasonable efforts to ensure that Data provided to the other Party under this Agreement is accurate, complete and up-to-date. However, the Parties make no representations or warranties regarding the accuracy or completeness of the Data provided under this Agreement. 11.2 Each Party will make reasonable efforts to immediately notify the other Party of any material inaccuracy or error in any Data exchanged under this Agreement upon becoming aware of such inaccuracy or error.

The Party responsible for any such inaccuracy or error will take reasonable steps to investigate the inaccuracy, ensure it is corrected if required and notify the other Party of the steps taken. 12.

PRIVACY, SECURITY AND CONFIDENTIALITY 12.1 Each Party will make reasonable arrangements to maintain the security of the Data in its custody, by protecting it against such risks as unauthorized access, collection, use, disclosure and disposal. 12.2 Each Party will advise the other Party immediately of any circumstances, incidents or events which, to its knowledge, have jeopardized or may in future jeopardize the privacy of Debtors or the security of any computer system in its custody used to access the Data. 12.3 ECC agrees not to disclose any confidential information (such as system products, ideas or designs) made available when accessing and using TACS. 12.4 Each Party will implement this Agreement in conformity with the government's Information Security Policy.

Each Party will report and investigate in accordance with government Information Incident Management Process and Information Security Policy all reported cases of: • unauthorized access to or modification of the Personal Information in its custody; • unauthorized use of the Personal Information in its custody; • unauthorized disclosure of the Personal Information in its custody; and • breaches of privacy or security with respect to the Personal Information in its custody or with respect to any computer system in its custody that is used to access the Personal Information. 13.

COMPLIANCE MONITORING AND AUDITS 13.1 Each Party will record and monitor access to the Data in its custody, in order to establish a chain of responsibility. 13.2 The Parties undertake to periodically complete a review of the conditions of Page 7 of 12

the information sharing components of this Agreement and report to the Executive Governance Committee as to whether compliance with this Agreement has been maintained and if compliance has not been maintained to propose remediation to address the failures to comply. 13.3 Each Party will investigate all reported cases of: • unauthorized access to, or modification, use, or disclosure of the Personal Information in its custody; or • breaches of privacy or security with respect to the Personal Information in its custody or with respect to any computer system in its custody that is used to access the Personal Information. 13.4 Each Party will report and investigate in accordance with government's Information Incident Management Process and Information Security Policy.

Each Party will report the results of any such investigation and the steps taken to address any remaining issues or concerns about the security of the Personal Information or computer systems, or the privacy of individuals to whom the Personal Information relates.

IN WITNESS WHEREOF this agreement has been signed and delivered on behalf of the Parties by their duly authorized representatives. The Ministry of Finance ______________________________ __________________________ Jordan Goss Dat e The Ministry of Education and Child Care ______________________________ __________________________ Kevena Hall Date Page 8 of 12

SCHEDULE A,

DEFINITIONS • Agreement means this Services and Information Sharing Agreement and includes the attached Schedules. • Agreement Administrators means the individual or their successors within each ministry responsible for the effective execution of this Agreement. • Cost means any additional financial cost that would be incurred by a Party as a result of a change. A change includes new initiatives and modifications to existing business/systems. • Data means any information, including without limitation Personal Information, governed by this Agreement, as set out in

Schedule C to this Agreement. • Debt means money owed t o the Province under the Child Care Subsidy Act or the Child Care BC Act. • Debtor means individuals who owe Debt. • FAA means the Financial Administration Act. • FOIPPA means the Freedom of Information and Protection of Privacy Act. • FOI Request means a request for information made under FOIPPA. • Personal Information means personal information as defined in

Schedule 1 of FOIPPA. • Province means Her Majesty the Queen in Right of the Province of British Columbia. • Revenue Management Services means the business processes related to the collection of transferred debt owing to the Province, including accounting, billing, payment, and collections activities such as judgment execution, judgment renewals, bankruptcy proceedings, and recommendations for write-off. • TACS means the Taxpayer Administration, Compliance & Services tax processing software package (also referred to as GenTax), used by FIN to provide Revenue Management Services. Page 9 of 12

Page 10 of 12

SCHEDULE B, GOVERNANCE AND MEMBERSHIP 1. The Parties must constitute and maintain in respect to this Agreement a joint executive committee (Executive Governance Committee) operating in accordance with the procedures, as determined by the Parties from time to time, the function of which shall be:

a) to oversee the relationship between FIN and ECC in respect to this Agreement and the responsibilities and services to be provided;

b) to review anticipated new or significant changes in technology or business; and

c) to exercise the powers and fulfill the obligations and responsibilities of the Executive Governance Committee as set out in this Agreement. Executive Governance Committee membership shall be: • Executive Director, Receivables Management Office, Ministry of Finance, and • Executive Director, Financial Services Branch, Ministry of Education and Child Care. Meetings are to occur as required. 2. The Parties may constitute and maintain in respect to this Agreement a joint operational subcommittee (Operations Oversight Committee) operating in accordance with the procedures, as determined by the Parties from time to time, the function of which shall be:

a) to work together to identify and resolve transformational and ongoing operational tasks and is sues in respect of this Agreement and the responsibilities and relationship outlined in

Section 6, Responsibilities and Relationship, of this Agreement;

b) to consider the implications of changes to the Parties' duties and rights hereunder that are proposed by either Party and, where agreed to be implemented, manage the implementation of such changes; and

c) to exercise the powers and fulfill obligations and responsibilities as agreed to by the Parties. The Operations Oversight Committee membership may include representatives from FIN and EC C as deemed appropriate. Meetings are to be held periodically as determined by the Parties.

Page 11 of 12 SCH EDULE C, LIST OF DATA INCLUDING PERSONAL INFORMATION The following Data on Debts and Debtors will be shared by ECC with FIN as applicable and available: Data Element Description . Names Current and historic; surname, given name, middle name(s), nickname(s}. Name of spouse, next of kin or care of {c/o) name. Birth/Death Date of birth, date of death. Gender Gender. Employment Information Current and historic; occupation, name of employer, contact info for employer. Addresses Current, last known and previous residential, business and email address{es), care of {c/o) addresses.

Telephone Numbers Current1 last known and previous residential and business, cellular phone and facsimile numbers, care of (c/o) phone numbers. Identifier Numbers Account/file/reference number, Social Insurance Number (SIN), Personal Health Number (PHN), Driver's license number/BC Identification number, BC Services number, Personal Education and Child Care Number, Business Incorporation Number (BIN). Financial Information Assets (vehicles, real property, etc.), financial institution name, branch, transi t and account numbers, liabilities, income, expenses, bankruptcy/insolvency details, employment information.

Account Information Account/file number, account balance and status, payments received, payment arrangements negotiated, effective date of balance, interest/penalties and other associated charges, notes and alerts. Debt Information Debt type, date of last acknowledgment, settlements, write-off and debts uncollectable due to the Limitation Act, prescribed debt. ECC Involvement Disclose to FIN which ECC program the individual is involved in.

Page 12 of 12 SCH EDULE D, LIST OF 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 (formerly known as Child Care Subsidy) The Affordable Child Care Benefit (ACCB) is a monthly payment to help eligible families with the cost of child care.

Factors like income, family size, and type of care determine how much support families can get. ACCB debt arises when a person receives a ACCB amount that the person is not entitled to receive. Authority for recovery of this debt is found in the Child Care Subsidy Act. 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 Wage Enhancement (ECE-WE).

CCOF debt arises when a licensed provider receives an amount of CCOF Base Funding, CCFRI and ECE-WE that the provider is not entitled to received. Authority for recover of this debt is found in the Child Care BC Act. New Spaces Fund The Childcare BC New Spaces Fund (NSF) provides funding to create new licensed child care, helping families access quality, affordable, and inclusive child care while strengthening communities across British Columbia. NSF debt arises when an organization receives an amount of NSF that the organization is not entitled to received.

Authority for recover of this debt is found in the Child Care BC Act . Maintenance Fund The Childcare BC Maintenance Fund (MF) helps licensed child care facilities in emergency circumstances, defined as sudden and unexpected conditions that directly impact children’s health and safety or may result in immediate facility closure. The fund is available to assist licensed providers with the costs of addressing necessary repairs or replacing eligible items that are unrelated to routine or regular service. MF debt arises when a licensed provider receives an amount of MF that the provider is not entitled to received.

Authority for recover of this debt is found in the Child Care BC Act. Universal Child Care Prototype Sites Universal Child Care Prototype Sites (UCCPS) are on the leading edge of one of the largest social policy changes in B.C.’s history. The positive financial impact on parents with children in these prototype sites is significant, with families paying no more than $200 a month per chi ld for full-time enrolment during regular business hours, regardless of the care type. For some low -income families, child care is even free.

UCCPS debt arises when a licensed provider receives an amount of UCCPS fund that the provider is not entitled to received. Authority for recover of this debt is found in the Child Care BC Act.

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 171/2022
Type	order_in_council
Volume / chapter	arc oic 0171 2022
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	28f2d649f4aceb38b26692e3dbec9a1db9bd539d

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