Standard Interpretation Service Contractor Clauses and Conditions

IRCC-SISCCC-001 - 2017-02-15 – Active

Clauses and Conditions

A1 – Interpretation

"Contract"

means the Professional Services Contract for Interpretation Services, including these Clauses and Condition, the IRCC Code of Conduct for Interpretation Services Contractors and any other documents specified or referred to being part of the Contract, by which the Contractor agrees to perform the Work for IRCC;

"Assignment Location"

means the location where the Contractor has been instructed to perform the Work by IRCC;

"Immigration, Refugee and Citizenship Canada” or “IRCC"

means Her Majesty the Queen in right of Canada as represented by a duly authorized agent of the Minister of Citizenship and Immigration Canada and any other person duly authorized to act on behalf of that minister;

"Contract Period"

means the period of the contract for the provision of interpretation services outlined in section A2 of the Contract;

"Contractor"

means the person or entity named in the contract to provide Interpretation Services to IRCC under the Contract;

"the Work"

means the interpretation services listed in subsection A5.3 of the Contract;

"Source Language"

means the language(s) explicitly listed in section A3 of the Contract;

"Target Language"

means either French or English, or both, as directed by IRCC

A2 – Obligations of the Contractor

In addition to any other obligations contained elsewhere in this Contract, the Contractor shall be subject to the following specific obligations:

1. The Contractor shall read and comply with the IRCC Code of Conduct for Interpretation Service Contractors (Appendix "A") during the Contract Period;
2. The Contractor shall not disclose information gained throughout the provision of the Work or as a result of any other work for IRCC, to individuals other than IRCC employees acting in the performance of their duties;
3. Upon completion of use, the end of the Contract Period or termination of the Contract, the Contractor shall, as applicable:
   1. return to IRCC all documents or other media containing information relating to the Work or any other work completed for IRCC; and/or
   2. delete any electronically-stored information relating to the Work or to any other work completed for IRCC.
4. The Contractor shall arrive 15 minutes before the scheduled interview;
5. The Contractor shall provide IRCC with a 24 hour notice should the Contractor not be able to attend the interview.

A3 – Termination

1. The Contractor may terminate the Contract at any time by giving written notice twenty-four (24) hours prior to the termination.
2. IRCC may terminate the Contract at any time by giving notice to the Contractor.
3. In the event IRCC terminates the Contract less than twenty-four (24) hours in advance of scheduled work to be carried out at an Assignment Location, the Contractor will be paid in accordance with section A4.4 of the Contract.
4. IRCC may terminate the Contract without notice if the Independent Service Contractor fails to perform the Work in the manner specified in the Contract and any terms and conditions associated thereto, including those outlined herein.
5. Upon the end of the Contract Period or termination of the Contract done in accordance with this section:
   1. IRCC may require the Contractor to deliver to IRCC, in a manner and to the extent directed by IRCC, any work-in-progress which the Contractor has specifically produced for the fulfillment of the Contract;
   2. IRCC will pay to the Contractor any amounts outstanding. Payment under this sub-section must be in full settlement of all amounts due, owing and accruing due and owing under the Contract.
6. The Contractor shall have no claim for damages, compensation, loss of profit, allowance or otherwise by reason of or directly or indirectly arising out of any action taken or notice given by IRCC under the provisions of both the Contract or these Standard Clauses and Conditions.
7. The Contractor shall not be entitled to be reimbursed any amount which, taken together with any amounts paid or becoming due to the Contractor under the Contract, exceeds the Contract amount applicable to the work or particulars thereof.

A4 – Travel and Availability

1. The Contractor shall be available to work during normal office hours (7 A.M. to 6 P.M local time) during the Contract Period.
2. IRCC will advise the Contractor as soon as possible of any requirement to perform the Work outside of normal office hours, which must be pre-approved by IRCC.
3. The Contractor scheduled to perform the Work on weekends or statutory holidays will be paid the hourly rate listed in subsection A4.2 of the Contract.
4. The Contractor shall not be paid for the time it takes to travel from his/her place of residence to the Assignment Location, if the Assignment location is the same as the city where the Contractor Lives/works.
5. The Contractor shall be paid for pre-authorized travel and living expenses, provided that they are reasonable, proper, supported by original receipts, incurred by the Contractor himself/herself and is directly engaged in the performance of the Work. The travel and living expenses will be calculated in accordance with the current Treasury Board Travel Directive in effect at the time the expenses were incurred, without any allowance thereon for overhead or profit.

A5 – Ownership of Intellectual Property and Copyright

1. Documentation produced by the Contractor throughout the performance of the Work shall vest in and remain the property of IRCC and the Contractor shall account fully to IRCC in respect of the foregoing as directed by IRCC.
2. Documentation must contain the following copyright notice:

   © CANADA as represented by the Minister of Citizenship and Immigration

3. Information and documentation conceived and developed throughout the performance of the Work shall be the property of IRCC. The Contractor shall have no rights to the same. The Contractor shall not divulge or use such information and documentation other than for the purpose of performing or in conjunction with the Work and shall not sell its content in part or in full.

A6 – Conflict of Interest

1. The Contractor acknowledges that individuals who are subject to the provisions of the Conflict of Interest Act and the Values and Ethics Code for the Public Service cannot derive any direct benefit resulting from the Contract. The Contractor shall perform the Work only during the Contract Period paid for by IRCC and shall not provide services or conduct any other business on IRCC premises.

A7 – Security

The Contractor shall, at all times during the performance of the Work, hold a valid security screening level of Reliability Status. The Contractor’s personnel who require access to information identified as “Protected”, or assets or sensitive work sites labelled as such, must each hold a valid security screening level of Reliability Status. In some cases, the Contractor may be required to obtain a higher level of security clearance.

1. The Contractor/Offeror must, at all times during the performance of the Contract/Standing Offer/Supply Arrangement, hold a valid Designated Organization Screening (DOS), issued by the Canadian Industrial Security Directorate (CISD), Public Works and Government Services Canada (PWGSC).
2. The Contractor/Offeror personnel requiring access to PROTECTED information, assets or sensitive work site(s) must EACH hold a valid RELIABILITY STATUS, granted or approved by CISD/PWGSC.
3. The Contractor/Offeror MUST NOT remove any PROTECTED information or assets from the identified work site(s), and the Contractor/Offeror must ensure that its personnel are made aware of and comply with this restriction.
4. Subcontracts which contain security requirements are NOT to be awarded without the prior written permission of IRCC.
5. The Contractor/Offeror must comply with the provisions of the Industrial Security Manual (Latest Edition) and the Security Requirements Check List (PDF, 228.57KB), which reflects section A7, articles 1-4 above.

Appendix “A” - IRCC Code of Conduct for Interpretation Service Contractors

Rule 1 – General Conduct

1. The Contractor shall, at all times, conduct themselves with courtesy, discretion and decorum and provide high-quality services throughout the performance of the Work.
2. On the day of the interview, the Contractor shall go directly to the Assignment Location and notify IRCC of their arrival.
3. Should the Assignment Location be very busy or if for whatever reason IRCC cannot immediately task the Contractor with the performance of the Work, the Contractor shall wait in the customer service area of the Assignment and await further instructions. In the event that the Contractor does not return immediately to the customer service area, he or she shall keep IRCC informed of his/her whereabouts.
4. At no time must the Contractor withdraw from or discontinue the performance of the Work upon its commencement without discussing the reasons with IRCC involved in the performance thereof.

Rule 2 – Competence

1. The Contractor shall only provide services for which they have the required competence.
2. If at any time the Contractor believes that he/she is unable to competently perform the Work and/or does not possess the requisite knowledge to perform the Work which may include but is not necessarily limited to interpreting or translating what is stated from the Source Language into the Target Language, the Contractor shall inform IRCC without delay.

Rule 3 – Care, Skill, Diligence and Efficiency

The Contractor shall take all reasonable care to faithfully and accurately perform the Work which may include but is not necessarily limited to interpreting or translating what is stated from the Source Language into the Target Language, having regard primarily to meaning and secondarily to style, without any paraphrasing, embellishment, omission, explanation, or expression of opinion, using the same person as in the source language and the closest natural equivalent of the source language.

Rule 4 – Impartiality and Avoidance of Conflict of Interest

1. The Contractor shall be and appear to be objective and impartial at all times, inside and outside the Assignment Location, in relation to any component of the performance of the Work.
2. The Contractor shall avoid, and where it arises, shall disclose to IRCC without delay, as the case may be, any real, potential or apparent conflict of interest in relation to the performance of the Work.
3. As soon as the Contractor becomes aware of any ties, whether personal, professional or other, that he/she has or may have with the individual with respect to whom he/she is providing interpretation services, the Contractor shall disclose this fact to IRCC without delay.
4. The Contractor shall disclose to IRCC without delay any employment (including but not limited federal, provincial or municipal employment) or other activity, association, or private interest (such as membership in an organization that is critical of or in favor of the government of the country of origin of the person concerned), that may be incompatible with his or her duties as a Contractor.
5. The Contractor will refrain from giving advice to, or discussing any aspect of the Work with any third party who is not directly involved in the performance of the Work unless otherwise directed by IRCC.

Rule 5 – Confidentiality

The Contractor shall keep confidential all information gained as a result of the Contract. More specifically, the Contractor shall not, either within or outside the Assignment Location, discuss, report on, or give an opinion concerning any matter for which they provide services to IRCC.

Rule 6 – Compliance

The Contractor shall, without delay, disclose to IRCC, as the case may be, any matter which they are aware of which may impede full compliance with this Code.