Terms and conditions (Summer Work Experience) – Young Canada Works in Heritage Organizations
Terms and conditions of contract between employer and delivery organization
Note: If you are selected as an employer under Young Canada Works in Heritage Organizations, the following Terms and Conditions will form part of your contract with the applicable delivery organization
1. In this contract,
- “DELIVERY ORGANIZATION” means the organization that has entered into an Agreement with the Department of Canadian Heritage to deliver part of Young Canada Works;
- “EMPLOYER” means the eligible EMPLOYER referred to on the application form and who signs the CONTRACT;
- “employee” means the undergraduate student (participant) hired by the EMPLOYER for a job, unless the context indicates otherwise;
- “job” means the summer /short-term work experience referred to on the application form and CONTRACT;
- “mandatory EMPLOYER costs” means payments which the EMPLOYER is required by law to make in respect of the employees, including Employment Insurance premiums, Canada or Québec Pension Plan premiums, worker’s compensation premiums, vacation pay and health and insurance premiums in Québec and Ontario (if applicable), the Health and Post-Secondary Education Tax in Newfoundland and Labrador, and the Health and Education Levy in Manitoba;
- “MINISTER” means the Minister of the Department of Canadian Heritage;
- “participant” means the undergraduate student (employee) who is hired by the EMPLOYER;
- “project” means the summer work experience undertaken by the employee referred to on the application form and the CONTRACT;
- “Transportation and lodging costs” means those costs related to the exchange element of the Young Canada Works program.
- “work experience” means the summer /short-term work experience summer work referred to on the application form and the CONTRACT;
2. The EMPLOYER represents and warrants that:
- employees meet the eligibility criteria and do not displace or replace existing employees or volunteers, employees on lay-off, employees absent due to an industrial dispute or on lay-off and awaiting recall;
- the job will not be for a participant(s) who has already been hired in that specific job;
- the participant to be Contracted with the EMPLOYER must not have worked as a full-time employee for the EMPLOYER(as defined by the EMPLOYER's collective agreement) at any time during the two (2)-year period immediately preceding the start date of the work experience;
- the job will provide a minimum of 30 hours of paid work per week but will not normally exceed 40 hours of work per week, and will normally last between 6 and 16 consecutive weeks except where the employee is disabled, part-time employment is permissible (the job may last longer but will only be funded for the project period provided in this CONTRACT);
- the EMPLOYER has not nor will they receive funds from other government sources (federal, provincial or municipal) for a summer/short-term work experience(s) exceeding 100% of all project revenues;
- the job would not normally be created without the financial assistance of Young Canada Works in Heritage Organizations provided under this CONTRACT; and
- the job will be carried out with due care and diligence, in accordance with all applicable federal, provincial and territorial laws, by-laws and regulations, including those relating to minimum wage and employment standards.
3. The EMPLOYER shall:
- provide the DELIVERY ORGANIZATION with the name(s) and permanent address(es) of the employee(s);
- provide the DELIVERY ORGANIZATION with a candidate eligibility form completed by both the EMPLOYER and the selected candidate to confirm the eligibility of the participant for a YCW work experience prior to hiring as an employee;
- ensure that the employee(s) orientation is conducted in a safe and supervised environment;
- provide the employee(s) with the necessary supervision, a work plan, and a work experience that is in keeping with the project description submitted by the EMPLOYER;
- pay the salary (in total) to the employee(s) in accordance with the obligation under this CONTRACT, including where applicable, the authorized transportation costs; and, provide the DELIVERY ORGANIZATION with the level of mandatory costs to be included in the remuneration and allowances to the participant(s) in accordance with the obligation under this CONTRACT;
- keep and retain proper accounts and records, minimum of five (5) years, including the hours of work of each employee, invoices, receipts, vouchers, bank statements, and cheques of all financial commitments and transactions relating to this CONTRACT;
- allow representatives of the DELIVERY ORGANIZATION or of the MINISTER to enter the EMPLOYER’s premises at all reasonable times for purposes of inspection and audit of the books, records and documents referred to in paragraph (f);
- monitor the progress of the project and submit such regular reports concerning the progress of the employees and particulars of the employee(s) as may be requested by the DELIVERY ORGANIZATION;
- declare, as applicable, any changes to the sources of project funding and all sources of funding, including cash and in-kind contributions from all levels of government, for any activities within the scope of the EMPLOYER’s project; and
- report in advance and without delay the DELIVERY ORGANIZATION any fact, funding changes, condition or circumstance which the EMPLOYER knows or has reasonable cause to believe could become a breach of the EMPLOYER’s obligations under this CONTRACT. (Defaults and Remedies are set out in Clauses 13-14).
The EMPLOYER shall prominently acknowledge, in English and in French, the contribution received from the MINISTER through the DELIVERY ORGANIZATION in any communication materials and promotional activities related to the CONTRACT in a manner satisfactory to the MINISTER. The guidelines to follow for public acknowledgment of funding assistance, including the proper use of the Canadian Heritage signature and the “Canada” wordmark, area available at the website: http://pch.gc.ca/eng/1373369901269
5. Unless otherwise approved by the DELIVERY ORGANIZATION, the employee(s) shall be paid during the period shown on the employer’s CONTRACT, it being understood that the DELIVERY ORGANIZATION shall have no obligation to pay any contribution to the EMPLOYER in respect of costs incurred by the EMPLOYER outside such period.
6. Where an employee must travel more than 125 km between his/her permanent residence and the job site, the DELIVERY ORGANIZATION may pay or reimburse transportation costs. (Students are responsible for their own lodgings costs.) It is understood by the EMPLOYER that the amount of the DELIVERY ORGANIZATION’s contribution for transportation and shall not exceed the amount agreed upon in the employer’s CONTRACT.
7. In cases where the EMPLOYER has hired a participant with disabilities, the DELIVERY ORGANIZATION will reimburse the EMPLOYER for reasonable costs incurred for the recruitment and participation of the disabled participant, including costs related to job accommodation requirements necessary for participation up to a maximum of $3,000 per participant and upon submission by the EMPLOYER of a detailed claim of expenditures and original receipts. When hiring a participant with disabilities, the EMPLOYER understands that the DELIVERY ORGANIZATION’s contribution towards job accommodation requirements necessary for participation shall not exceed the actual costs incurred by the EMPLOYER.
8. Payment of the DELIVERY ORGANIZATION's contribution may be made as follows:
- an initial advance payment not exceeding 75% of the maximum estimated total contribution payable under this CONTRACT; and
- a final payment up to 25% of the remaining eligible contribution is payable upon receipt and acceptance by the DELIVERY ORGANIZATON of the completed Staffing Report, the End of Work Term Report, the Evaluation Questionnaire by both EMPLOYER and employee(s), a financial report (payroll record) and a satisfactory claim made in a form prescribed by the DELIVERY ORGANIZATION. Deadline for submission of all reports is no later than 30 days from the termination of the project period.
- Final payment is conditional upon the receipt and acceptance by the DELIVERY ORGANIZATON of the required final activity and financial reports and will be adjusted for any difference between the initial advance payment and the actual eligible expenditures incurred. The EMPLOYER understands that the DELIVERY ORGANIZATION’s contribution towards job costs shall not exceed the percentage of actual costs incurred by the EMPLOYER agreed to in the CONTRACT. Where, for any reason, the DELIVERY ORGANIZATION determines that the amount of the contribution disbursed exceeds the amount to which the EMPLOYER is entitled, any such amount is a debt due and is recoverable as such.
9. Conflict of Interest
- The EMPLOYER must observe any specific conduct requirements relating to conflict of interest contained in all statutes governing the EMPLOYER; and, prior to selection of employee(s), the EMPLOYER shall take such action as is necessary to prevent real, potential or apparent conflicts of interest.
- No contribution shall be paid in respect of costs incurred with respect to an employee(s) or administrative staff who is a member of the immediate family* of the EMPLOYER, or, if the EMPLOYER is a corporation or unincorporated organization, who is a member of the immediate family of an officer or a director of the corporation or unincorporated organization, unless the DELIVERY ORGANIZATION is satisfied that the recruitment of the employee or the hiring of the administrative staff, as the case may be, was not the result of favouritism by reason of the employee’s or the administrative staff’s membership in the immediate family of the EMPLOYER or officer or director of the EMPLOYER, as the case may be.
*“immediate family” means father, mother, stepfather, stepmother, foster parent, brother, sister, spouse (including common law spouse), child (including child of common law spouse), stepchild, ward, father-in-law, mother-in-law or relative permanently residing with the EMPLOYER, officer or director, as the case may be.
- In the event of a dispute arising out of the administration of the program by the appropriate DELIVERY ORGANIZATION, the DELIVERY ORGANIZATION and the EMPLOYER shall make an attempt in good faith to settle the dispute. In the event that the parties are not able to resolve the dispute through negotiation, they shall submit the dispute to a mutually agreed upon mediator and shall agree to remunerate the mediator, if required, on a cost-shared basis. The decision taken by the mediator on the matter shall be final.
10. Termination of Contract
- This CONTRACT may be terminated by either party on 15 days written notice. Notwithstanding the foregoing, the DELIVERY ORGANIZATION may terminate the CONTRACT immediately by notice in writing:
- if the EMPLOYER is in breach of any of its obligations under the CONTRACT;
- if any representation or warranty made by the EMPLOYER is materially false or misleading; or
- (3) if any change occurs in the tasks and responsibilities of the employee(s), as described in the EMPLOYER’s CONTRACT, without the DELIVERY ORGANIZATION’s prior approval.
- The CONTRACT may be terminated in the event that Canada’s Treasury Board cancels or reduces the level of funding to the program for any fiscal year in which the payment is to be made under the CONTRACT.
- Upon termination of this CONTRACT, the DELIVERY ORGANIZATION shall cease to have any obligation to make any further contribution to the EMPLOYER in respect of the costs incurred by the EMPLOYER after the date of termination, and the amount of any unexpected advance shall be repaid forth-with to the DELIVERY ORGANIZATION upon receipt of notice thereof and such amount shall be recognized as being a debt due to the DELIVERY ORGANIZATION.
11. Default and Remedies
- The following constitute events of default:
- the EMPLOYER becomes bankrupt or insolvent or is placed in receivership or takes the benefit of any statute relating to bankrupt and insolvent debtors;
- an order is made or a resolution is passed for the winding-up of the EMPLOYER or the EMPLOYER is dissolved;
- in the MINISTER’s or DELIVERY ORGANIZATION’S opinion, there is a change in risk that would jeopardize the success of the contracted activity;
- the EMPLOYER, either directly or through its representatives, makes or has made a false or misleading statement or representation in respect of any matter related to this Agreement other than in good faith to the DELIVERY ORGANIZATION;
- in the DELIVERY ORGANIZATION’s opinion, a term, condition, commitment or obligation provided for in the CONTRACT has not been respected or complied with; or
- the EMPLOYER is no longer eligible under the “Eligibility Criteria” of the Program.
- Where there is a default or where, in the DELIVERY ORGANIZATION’s opinion, there is likely to be a default under this CONTRACT, the DELIVERY ORGANIZATION may reduce the contribution level, suspend any payment, make arrangements under particular terms and conditions so that the Project will be completed or continued by another EMPLOYER, rescind this CONTRACT and immediately terminate any financial obligation arising out of it and require repayment of amounts already paid;
- The fact that the DELIVERY ORGANIZATION refrains from exercising a remedy or any right herein shall not be considered to be a waiver of such remedy or right and, furthermore, partial or limited exercise of a remedy or right conferred on the DELIVERY ORGANIZATION shall not prevent it in any way from later exercising any other remedy or right under this CONTRACT or other applicable law.;
- Notwithstanding anything else provided for in this article, the DELIVERY ORGANIZATION may not terminate the CONTRACT unless he or she has served written notice to the EMPLOYER of the event of default and the Employer has failed to remedy the default within a period of thirty (30) days from the date that the written notice was served. At the expiration of the thirty (30) days, the DELIVERY ORGANIZATION may terminate the CONTRACT and rely on any remedy provided for under the CONTRACT if it deems that the EMPLOYER has not remedied the event of default in a satisfactory manner. The DELIVERY ORGANIZATION shall reimburse the EMPLOYER for any Eligible Costs incurred to the effective date of termination.
12. In the event payments made to the EMPLOYER exceed the amount to which the EMPLOYER is properly entitled pursuant to this CONTRACT, the amount of such excess shall be payable forth-with to the DELIVERY ORGANIZATION upon notice thereof and such amounts shall be recognized as being a debt due to the DELIVERY ORGANIZATION (See clause 8.c).
13. Nothing in this CONTRACT shall be deemed to authorize the EMPLOYER to contract for or incur any obligation on behalf of the DELIVERY ORGANIZATION.
14. No amendment to this CONTRACT nor any waiver of its terms and provisions shall be deemed valid unless made in writing.
15. This CONTRACT shall not be assigned by the EMPLOYER in whole or in part without the prior written consent of the DELIVERY ORGANIZATION and any assignment made without that consent is void and of no effect.
16. Communications Bewteen Parties
Where in this CONTRACT any notice, request, direction or other communication is required to be given or made by either party, it shall be in writing and is effective if delivered in person, sent by ordinary or registered mail, or by fax addressed to the other party for whom it is intended at the address mentioned in the CONTRACT, and any notice shall be deemed to have been given:
- if by ordinary mail, when in the ordinary course the letter should have reached its destination;
- if by registered mail, when the postal receipt is acknowledged by the other party;
- if by fax, when the sender has received a confirmation of delivery to the recipient; and
- the address of either party may be changed by notice in the manner set out in 18(a).
17. Upon COMPLETION of the job(s) or upon TERMINATION of this CONTRACT,
- The EMPLOYER agrees to dispose of, in such manner as the DELIVERY ORGANIZATION may direct, all physical assets purchased with contribution funds other than:
- any asset costing less than $250;
- assets that have been physically incorporated into the premises of the EMPLOYER; and
- assets that have been consumed or expended in carrying out the project.
- The EMPLOYER further undertakes that during the period it is engaged in carrying out the project(s) defined in this CONTRACT, it shall not sell, transfer, mortgage, pledge, lease or otherwise dispose of any assets purchased with contribution funds without the prior written consent of the DELIVERY ORGANIZATION.
18. Official Languages
The EMPLOYER/ agrees to ensure that any service to the public provided by the EMPLOYER/ in carrying out the project(s) shall be made available in both official languages, or... [DELIVERY ORGANIZATION to include appropriate clauses here.]
19. No member of the House of Commons shall be admitted to any share or part of this CONTRACT or to any benefit arising there from.
20. Any payment under this CONTRACT is subject to there being an appropriation by Parliament for the fiscal year in which the payment is to be made.
21. It is understood and agreed by the representatives of the EMPLOYER signing this CONTRACT on behalf of the EMPLOYER, that they shall be personally, jointly and severally liable for all obligations, covenants, promises, liabilities and expenses assumed by the EMPLOYER under this CONTRACT, and for any debt that may become due to the DELIVERY ORGANIZATION. [DELIVERY ORGANIZATION to delete if not applicable.]
22. The DELIVERY ORGANIZATION shall not be liable for any illness or injury including death to the person, or the loss or damages to the property of the EMPLOYER or participant or of anyone else, occasioned by or in any way attributable to the EMPLOYER under this CONTRACT, unless such death or illness, injury, loss or damage is caused by the negligence of an officer or agent of the DELIVERY ORGANIZATION acting within the scope of his or her employment. The EMPLOYER shall indemnify and save harmless the DELIVERY ORGANIZATION from and against all claims, losses, damages, costs and expenses related to any illness, injury or death of a person, or loss or damage to property caused or alleged to be caused by the EMPLOYER or its officers or agents in carrying out the activities described in the present CONTRACT.
23. This CONTRACT is concluded and must be interpreted in accordance with the laws applicable in the province or territory of Canada where the EMPLOYER operates a business.
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