Terms and conditions (Career Focus) – Young Canada Works at Building Careers in Heritage
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,
“CO-HOST ORGANIZATION” means the designated host organization outside Canada who signs an arrangement with the HOST ORGANIZATION in relation to an internship taking place outside Canada;
“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 or HOST ORGANIZATION referred to on the application form and who signs the CONTRACT;
“employee” means the youth “participant” hired by the EMPLOYER/ HOST ORGANIZATION for an internship, unless the context indicates otherwise;
“HOST ORGANIZATION” means the eligible HOST ORGANIZATION in Canada referred to on the application form who signs the CONTRACT in relation to an internship taking place outside Canada.
“job” means the internship referred to on the application form and CONTRACT;
“mandatory EMPLOYER costs” means payments which the EMPLOYER or HOST ORGANIZATION 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 university or college graduate (employee) who is hired by the EMPLOYER/HOST ORGANIZATION;
“project” means the internship project undertaken by the employee (“participant”) referred to on the application form and the CONTRACT;“
2. The EMPLOYER/ HOST ORGANIZATION represents and warrants that:
- the participant (employee) meets 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 who has already been hired in that specific job (see 2.c);
- the participant to be contracted with the EMPLOYER/ HOST ORGANIZATION must not have worked as an indeterminate, full-time employee for the EMPLOYER/ HOST ORGANIZATION (as defined by the EMPLOYER/HOST ORGANIZATION's collective agreement) at any time during the two (2)-year period immediately preceding the start date of the job;
- 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 4 and 12 months, except where the employee is disabled, for whom part-time employment is permissible (such an internship may last longer, but will only be funded for the project period provided in this CONTRACT) (see Clause 8);
- the EMPLOYER/HOST ORGANIZATION has not received, nor will receive, funds from other government sources (federal, provincial, territorial or municipal) for an internship exceeding 100% of all project revenues;
- the EMPLOYER/HOST ORGANIZATION has not nor will they receive funds from another Young Canada Works program for the job referred to on the application form and the CONTRACT;
- the job would not normally be created without the financial assistance of Young Canada Works at Building Careers in Heritage 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/HOST ORGANIZATION shall:
- provide the DELIVERY ORGANIZATION with the name and permanent address of each employee; levels of schooling and date of birth at the time candidate selection is completed;
- 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;
- provide the employee who must travel more than 125 km. from their permanent residence to the work site with the Transportation Policy and Application Forms (available through the EMPLOYER’S DELIVERY ORGANIZATION) (See Clause 6);
- ensure that the employee orientation is conducted in a safe and supervised environment;
- provide the employee with the necessary supervision, a work plan, and an internship experience that is in keeping with the project description submitted by the EMPLOYER/HOST ORGANIZATION;
- pay the total salary to the employee in accordance with the obligations under this CONTRACT, including, where applicable, the authorized transportation and accommodation costs, and provide the DELIVERY ORGANIZATION with the level of mandatory costs to be included in the remuneration of the employee and the total of remuneration and allowances to the participant(s) in accordance with the obligation under this CONTRACT;
- keep and retain proper accounts and records for a 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/HOST ORGANIZATION’S premises at all reasonable times for purposes of inspection and audit of the books, records and documents referred to in paragraph (g);
- monitor the progress of the project and submit such regular reports concerning the progress and particulars of the employee as may be requested by the DELIVERY ORGANIZATION;
- declare, as applicable, any changes to its 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/HOST ORGANIZATION’s project; and
- report in advance and without delay the DELIVERY ORGANIZATION any fact, funding changes, condition or circumstance which the EMPLOYER/HOST ORGANIZATION knows or has reasonable cause to believe could become a breach of the EMPLOYER/HOST ORGANIZATION’s obligations under this CONTRACT. (Defaults and Remedies are set out in Clause 12).
4. The EMPLOYER/ HOST ORGANIZATION 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” word mark, are available at the website: http://canada.pch.gc.ca/eng/1428491994616
5. Unless otherwise approved by the DELIVERY ORGANIZATION, the employee shall be paid during the work 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/ HOST ORGANIZATION outside such period.
6. Where the participant hired by an EMPLOYER/HOST ORGANIZATION must travel more than 125 km between his/her permanent residence and the site of an internship in Canada, the DELIVERY ORGANIZATION may pay or reimburse transportation costs en route (Interns are responsible for their own lodgings costs). For an internship taking place outside Canada, the DELIVERY ORGANIZATION may pay or reimburse transportation costs en route and a percentage of lodging costs in accordance with the published Transportation Policy. It is understood by the EMPLOYER/ HOST ORGANIZATION that the amount of the DELIVERY ORGANIZATION’s contribution for transportation and lodging costs shall not exceed the amount agreed upon in the employer’s CONTRACT.
7. In the case where an international intern decides to tour or visit the host country during the course of the internship period abroad, it is understood that the EMPLOYER/HOST ORGANIZATION and DELIVERY ORGANIZATION shall have no obligation or liability in respect of the participant outside the internship period abroad.
8. In cases where the EMPLOYER/ HOST ORGANIZATION hires an employee with disabilities, the DELIVERY ORGANIZATION may reimburse the EMPLOYER for reasonable costs incurred for the recruitment and participation of the disabled employee, including costs related to job accommodation requirements necessary for participation, up to a maximum of $3,000 per employee and upon submission by the EMPLOYER/HOST ORGANIZATION of a detailed claim of expenditures and original receipts. When hiring an employee 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/HOST ORGANIZATION.
9. PAYMENTS: The DELIVERY ORGANIZATION’s contribution may be paid to the EMPLOYER/HOST ORGANIZATION 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 date of termination of the project period. NOTE: An EMPLOYER/HOST ORGANIZATION who, without reasonable advance notice and justification, does not comply with the final reporting deadline, shall be considered in breach of CONTRACT, and, at the discretion of the DELIVERY ORGANIZATION, may forfeit their final payment (see Clause 12.e));
- 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/HOST ORGANIZATION 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/HOST ORGANIZATION is entitled, any such amount is a debt due and is recoverable as such.
10. CONFLICT OF INTEREST
- The EMPLOYER or HOST ORGANIZATION must observe any specific conduct requirements relating to conflict of interest contained in all statutes governing the EMPLOYER/HOST ORGANIZATION; and, prior to selection of employee(s), the EMPLOYER/ HOST ORGANIZATION 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/HOST ORGANIZATION, or, if the EMPLOYER/HOST ORGANIZATION 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/HOST ORGANIZATION or an officer or director of the EMPLOYER/HOST ORGANIZATION, 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 DELIVERY ORGANIZATION, the DELIVERY ORGANIZATION and the EMPLOYER/ HOST ORGANIZATION 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.
11. 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/HOST ORGANIZATION is in breach of any of its obligations under the CONTRACT;
- if any representation or warranty made by the EMPLOYER/ HOST ORGANIZATION is materially false or misleading; or
- if any change occurs in the tasks and responsibilities of the employee(s), as described in the EMPLOYER/HOST ORGANIZATION’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 Young Canada Works 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/HOST ORGANIZATION in respect of the costs incurred by the EMPLOYER/HOST ORGANIZATION 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.
12. DEFAULT AND REMEDIES
A default under this CONTRACT may include:
- the EMPLOYER/HOST ORGANIZATION 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/HOST ORGANIZATION or the EMPLOYER/HOST ORGANIZATION 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 /HOST ORGANIZATION, 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/HOST ORGANIZATION 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 job(s) will be completed or continued by another EMPLOYER/HOST ORGANIZATION, 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 it serves written notice to the EMPLOYER/ HOST ORGANIZATION of the event of default and the EMPLOYER/HOST ORGANIZATION 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/HOST ORGANIZATION for any Eligible Costs incurred to the effective date of termination.
13. In the event payments made to the EMPLOYER/HOST ORGANIZATION exceed the amount to which the EMPLOYER/HOST ORGANIZATION 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 9.c)
14. Nothing in this CONTRACT shall be deemed to authorize the EMPLOYER/HOST ORGANIZATION to contract for or incur any obligation on behalf of the DELIVERY ORGANIZATION.
15. No amendment to this CONTRACT nor any waiver of its terms and provisions shall be deemed valid unless made in writing.
16. This CONTRACT shall not be assigned by the EMPLOYER/HOST ORGANIZATION 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.
17. COMMUNICATIONS BETWEEN 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;
18. Upon COMPLETION of the project(s) or upon TERMINATION of this CONTRACT,
- The EMPLOYER/ HOST ORGANIZATION 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/ HOST ORGANIZATION; and
- assets that have been consumed or expended in carrying out the project.
- The EMPLOYER/ HOST ORGANIZATION further undertakes that during the period it is engaged in carrying out the internship 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.
19. OFFICIAL LANGUAGES:
The EMPLOYER/HOST ORGANIZATION agrees to ensure that any service to the public provided by the EMPLOYER/HOST ORGANIZATION in carrying out the internship project(s) shall be made available in both official languages… or DELIVERY ORGANIZATION includes appropriate clauses here (ref. DO’s Contribution Agreement, Annex A, Clause 3).
20. No member of the House of Commons of Canada shall be admitted to any share or part of this CONTRACT or to any benefit arising there from.
21. Any payment under this CONTRACT is subject to there being an appropriation by Parliament of Canada for the fiscal year in which the payment is to be made.
22. Where the EMPLOYER is an unincorporated organization, it is understood and agreed by the representatives of the EMPLOYER/HOST ORGANIZATION signing this CONTRACT on behalf of the EMPLOYER/HOST ORGANIZATION, that they shall be personally, jointly and severally liable for all obligations, covenants, promises, liabilities and expenses assumed by the EMPLOYER/HOST ORGANIZATION under this CONTRACT, and for any debt that may become due to the DELIVERY ORGANIZATION, as applicable.
23. 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/HOST ORGANIZATION or employee or of anyone else, occasioned by or in any way attributable to the EMPLOYER/HOST ORGANIZATION 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/HOST ORGANIZATION 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/ HOST ORGANIZATION or its officers or agents in carrying out the activities described in the present CONTRACT.
24. This CONTRACT is concluded and must be interpreted in accordance with the laws applicable in the province or territory of Canada where the EMPLOYER/HOST ORGANIZATION operates a business.
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