Data Provision Agreement

Alternate format

Data Provision Agreement [PDF - 735 KB]

Background

The following Data Provision Agreement (“Agreement”) is an agreement between Housing, Infrastructure and Communities Canada (“The Department”) and the organization (“HIFIS/HMIS Leads”) entrusted to implement, maintain, and oversee the Homeless Individuals and Families Information System (“HIFIS”) and/or an equivalent Homelessness Management Information System (“HMIS”) in their respective community.

Developed by the Government of Canada, and in collaboration with communities across Canada, HIFIS is an essential component of Reaching Home: Canada's Homelessness Strategy (“Reaching Home”) and is designed to support the day-to-day operational activities of Canadian homeless service providers (“Service Providers”).

As a comprehensive data collection and case management system, HIFIS enables participating Service Providers to collect, access, and share local real-time homelessness data on individuals and families (“Clients”) to ensure Clients are prioritized and referred to appropriate services at the correct time. HIFIS is made available to participating Service Providers within the same community through the HIFIS Lead in exchange for the quarterly collection of certain non-directly identifiable personal information (“Export Fields”) (Annex A) collected from Clients, and if applicable, the anonymized information collected from the Point-in-Time Counts (“PiT Count Fields”) (Annex B).

Under Reaching Home, the use of HIFIS is mandatory for all communities under the Designated Communities and Territorial Homelessness funding streams where an equivalent HMIS is not already being used.

Communities that operate with an equivalent HMIS must ensure that the system: 1) was established prior to participating in Reaching Home; 2) allows Service Providers to participate in a Coordinated Access system; and, 3) exports the same mandatory Export Fields to the Department each quarter in the same safe and secure manner as HIFIS (e.g., data is anonymized and encrypted).

1.  General

The following Agreement supersedes any prior communication or representation concerning HIFIS/HMIS. Should there be ambiguity or inconsistencies between the terms and conditions of this Agreement and those in any previous Data Provision Agreements, the provisions of this Agreement prevail.

2. Purpose

The purpose of the following Agreement is to outline the terms and conditions regarding:

1. The collection and disclosure of information by the HIFIS/HMIS Leads; and,
2. The collection, use, and disclosure of information by the Department.

3.  Authority

The following Agreement is governed under the Privacy Act .

1. The Privacy Act applies to all federal department's collection, use, disclosure, retention, and disposal of personal information. The Privacy Act defines personal information as information that can identify an individual that is recorded in any form. Federal departments may only collect an individual's personal information if it relates directly to the operation of one of its programs or services.

4. Roles and responsibilities

4.1 HIFIS/HMIS Leads

1. Act as the data steward for the community and hold custody and control over Clients' data.
2. Use HIFIS/HMIS to collect Client information that respects municipal, provincial, and territorial legislation.
3. Provide to the Department each quarter, the Export Fields (Annex A).
4. Ensure Clients are properly informed that certain information from the Export Fields (Annex A), and if applicable, the PiT Count Fields (Annex B), will be provided to the Department and may be shared with other federal institutions for policy, analysis, research, and evaluation purposes.
5. Ensure adequate custodianship of the data and database by reviewing, verifying, and cleaning the collected data (e.g., proper field entries, naming consistencies, data accuracy).
6. Develop and maintain policy and procedures regarding privacy and data security (i.e., guidance on collection, use, disclosure, and/or disposal of Client information).
7. Develop and enter into a Community Data Sharing Agreement, an agreement between the HIFIS/HMIS Lead and their respective Service Providers that outlines the partnership and expectations of both organizations that respects municipal, provincial, and territorial legislation.
8. Collaborate with participating Indigenous organizations in the collection and custodianship of data, and the development of policies and procedures, in a manner that respects both parties.
9. Sign the most recent Agreement when made available.

4.2 The Department

1. Share aggregated data from the Export Fields (Annex A), including the PiT Count fields (Annex B), with other federal institutions for policy, analysis, research, and evaluation purposes.
2. Inform the HIFIS/HMIS Leads of data quality issues (e.g., improper field entries, naming inconsistencies) regarding the Export Fields (Annex A), and if applicable, the PiT Count Fields (Annex B).
3. Inform the HIFIS/HMIS Lead of any changes related to the collection, use, disclosure, and/or retention of the Export Fields (Annex A) and the PiT Count Fields (Annex B).
4. Exercise due diligence when amending the Export Fields (Annex A) and the PiT Count Fields (Annex B) by consulting with HIFIS/HMIS Leads. Consultations will occur within a defined time period and will not be interpreted as an approval process. The Department reserves the right to exercise the final decision.
5. Ensure that only individuals deemed necessary will have access to and use of the Export Fields (Annex A) and PiT Count Fields (Annex B), as required for the performance of their duties.
6. Maintain and safeguard the Export Fields (Annex A) and the PiT Count Fields (Annex B), by protecting data against risks such as unauthorized access, collection, use, disclosure, and disposal.
7. Make no attempt to re-identify Clients with data from the Export Fields (Annex A) and the PiT Count Fields (Annex B).
8. Make no attempt to disclose the data exported from the HIFIS/HMIS Lead for a purpose other than that for which it was provided and outlined in this Agreement unless required by law. In the event of a request under Canada's Access to Information Act, the Department may consult with the HIFIS/HMIS Lead.

5.  Termination

1. The Department and the HIFIS/HMIS Lead may terminate this Agreement for any reason, including failure to comply with any of the terms or conditions set out in this Agreement upon 30 days of written notice.
2. The Department will retain a copy of the data collected from the Export Fields (Annex A), including the PiT Count Fields (Annex B) in accordance with the Privacy Act.

6. Liability and indemnification

1. The Department, its employees, and agents shall not be liable for any claims, damages, injuries, and loss of any kind, whether direct or indirect, consequential or incidental, arising from the failure to safeguard the exported data. This includes, but is not restricted to, loss of revenue, profit or savings, lost, damaged or stolen data, or other commercial or economic loss.
2. HIFIS/HMIS Leads agree to indemnify and hold the Department, its employees, and agents harmless from and against any claims, damages, complaints, costs, or expenses, loss, actions or causes of action, incurred or suffered as a result of the failure to safeguard the data contained in their HIFIS/HMIS.
3. The Department disclaims any and all implied or express warranties or conditions, including any implied warranty of title, non-infringement, merchantability, or fitness for a particular purpose, regardless of whether the Department knows or had reason to know of particular needs.

7. General provisions

1. The Agreement is governed by the laws of Canada and becomes effective when signed by both parties. It will remain in effect until terminated, or if the Agreement is superseded by a newer version, in which case, the HIFIS/HMIS Lead must ensure that the new version of the Agreement is promptly signed.
2. The Agreement is a data provision agreement only, not a contract for services, a contract of service, or employment. Nothing in the Agreement shall be construed as creating a partnership, employment, and/or relationship between the Department and the HIFIS/HMIS Lead.
3. The signatory to the Agreement represents and warrants that the individual has the capacity and the authority to sign this Agreement on behalf of the HIFIS/HMIS Lead.
4. The Department may amend the terms of this Agreement at any time. Amendments to this Agreement, excluding amendments to the Export Fields (Annex A) and the PiT Count Fields (Annex B), will only be valid if agreed upon and signed by both parties.
5. The Department reserves the right to exercise the final decision regarding any amendments that occur to the Export Fields (Annex A) and the PiT Count Fields (Annex B). The Department will exercise due diligence by consulting with HIFIS/HMIS Leads prior to making any amendments.

8. Designated officials

The Department and the HIFIS/HMIS Lead agree to designate an official to act as their contact person for any issues related to the installation, implementation, and administration of HIFIS/HMIS.

IN WITNESS WHEREOF this Agreement has been signed on behalf of the Department and by the HIFIS/HMIS Lead's authorized representatives.

Annex A: Export fields

The following is a list of the information that the HIFIS/HMIS Lead must export to the Department each quarter. The anonymized export fields provides the Government of Canada with the necessary data to inform policy, analysis, research, and evaluation.

*Fields that require mandatory data entry in HIFIS.

Service provider information

• Service provider ID*
• Shelter provider name*
• Service provider type*
• Bed Count History* (bed count, overflow, date-time modified, active status)
• Bed types*
• Community*

Client information

• Unique Client Identifier*
• Gender*
• Racial Identity*
• Date of Birth*
• Client State*
• Family role*
• Family head ID*
• Citizenship/immigration status*
• Indigenous indicator*
• Veteran status*
• Life events
• Contributing Factors (start date, end date)
• Employment status
• Country of Birth
• Education Level
• Sources of income (start date, end date)
• Health Issues
• Housing (types, start date, end date)

Shelter stay information

• Reason for Service*
• Reason for Discharge*
• Book-in Date*
• Book-out Date*

Turnaway information

• Reason for Turnaway*
• Date of Turnaway*
• Anonymous Gender*
• Anonymous Age Category*

Annex B: Point-in-Time (PiT) Count export fields

The following is a list of the information included in the HIFIS PiT Count module that is exported to the Department.

*Fields that require mandatory data entry.

Service provider information*

• Service Provider ID
• Service Provider Name
• Service Provider Type
• Bed Counts
• Bed Types
• Look-up Values
• Community

Participant information*

• Site ID
• Survey Number
• Survey Location
• Survey Date and Time
• Survey Screening
• Location of Homelessness Experience Over the Past Year
• Family Status and Role
• Age
• Age of First Homelessness Experience
• Homelessness Duration Over the Past Year
• Newcomer Status on Arrival to Canada
• Duration in Community
• Indigenous Identity
• Racial Identity
• Veteran Status
• Experience in Youth-in Care
• Identified Health Challenges
• Gender Identity
• Sexual Identity
• Reasons for Recent Housing Loss
• Eviction as related to a reason for housing loss
• Time Since Housing Loss
• Sources of income

Optional information

• Number of Homelessness episodes (past year)
• Reasons for not Accessing Shelter
• Citizenship Status
• Reasons for Migration
• Indigenous Community of Origin
• Duration Between Child Welfare Exit and Homelessness
• Child Protection Service Support
• Level of Education
• Systems Interactions
• Desire for Permanent Housing
• Housing Challenges
• Preferred Language
• Service Needs