Terms and conditions of contract between employer and delivery organization YCW at Building Careers in English and French
Note: If you are selected as Employer/Host Organizations under Young Canada Works at Building Careers in English and French, 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 which 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 who signs the contract in relation to a work experience in Canada;
“HOST ORGANIZATION” means the eligible HOST ORGANIZATION referred to on the application form who signs the contract in relation to an internship taking place in Canada and/or outside Canada.
“CO-HOST ORGANIZATION” means the designated host organization outside Canada who signs an arrangement with the HOST ORGANIZATION in relation to the participant’s placement abroad; “work experience” means the work experience in Canada referred to on the application form and the contract; “internship” means the internship taking place in Canada and/or outside Canada referred to on the application form and the contract; “participant” means a university or college graduate who is unemployed or underemployed; “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 Quebec Pension Plan premiums, worker’s compensation premiums, vacation pay and health and insurance premiums in Quebec and Ontario (if applicable), the Health and Post-Secondary Education Tax in Newfoundland and Labrador, and the Health and Education Levy in Manitoba;
2. The EMPLOYER/HOST ORGANIZATION represents and warrants that:
a) the participants 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;
(b) the participants to be contracted with the EMPLOYER/ HOST ORGANIZATION must not have worked as a full-time employee for the EMPLOYER/HOST ORGANIZATION (as defined by the EMPLOYER’s/ HOST ORGANIZATION’s collective agreement) at any time during the 2-year period immediately preceding the start date of the internship;
(c) the work experience/internship will provide a minimum of 30 hours of work per week but will not normally exceed 40 hours of work per week (except that where the participant is disabled, a part-time work experience/internship is permissible), and will normally have a minimum duration of 4 consecutive months and a maximum duration of 12 consecutive months over the course of one fiscal year;
(d) the work experience/internship would not normally be created without the financial assistance provided under this Contract;
(e) the job would not be realized without the support of Young Canada Works; and that neither the EMPLOYER nor any of the EMPLOYER’s partners have received nor will receive funds from other sources exceeding 100% of salary cost and benefits; (partnerships are encouraged, including with other levels of government); and
(f) the work experience/internships will be carried out with due care and diligence, in accordance with all applicable federal and provincial laws, by-laws and regulations.
3. The EMPLOYER /HOST ORGANIZATION shall:
(a) provide the HOST ORGANIZATION with the name(s) and permanent address(es), levels of schooling and date of birth of the participant(s) at the time selection is completed;
(b) ensure orientation is conducted in a safe and supervised environment;
(c) provide the participants with necessary supervision, a work experience/an internship plan and a safe and skill-building experience in Canada and/or abroad that is in keeping with the Work Experience/Internship Profile submitted by the EMPLOYER/HOST ORGANIZATION;
(d) provide the remuneration (in total) and allowances to the participant(s) in accordance with the obligation under this contract;
(e) keep proper accounts and records including hours of work of each participant, invoices, receipts, vouchers, bank statements and cheques for all financial commitments and transactions relating to this Contract;
(f) allow representatives of the DELIVERY ORGANIZATION to enter the EMPLOYER’s/HOST ORGANIZATION’s premises at all reasonable times for purposes of inspection and audit of the books and records referred to in paragraph (e);
(g) monitor progress of each participant’s work experience/ internship and submit such regular reports concerning the progress of the participants and particulars of the participants as may be requested by the DELIVERY ORGANIZATION; and
(h) before breach of any obligation, consult with and report to the DELIVERY ORGANIZATION, without delay, any fact, condition or circumstance which the EMPLOYER/HOST ORGANIZATION knows or has reasonable cause to believe is a breach of the EMPLOYER’s/HOST ORGANIZATION’s obligations under this Contract.
4. Federal, provincial and territorial governments are ineligible to receive subsidies to hire participants in this program.
5. Unless otherwise approved by the DELIVERY ORGANIZATION, the participants shall be paid during the period shown on the Employer’s/ Host Organization’s Contract, it being understood that the DELIVERY ORGANIZATION shall have no obligation to pay any contribution to the EMPLOYER/HOST ORGANIZATION in respect of costs incurred by the EMPLOYER/HOST ORGANIZATION outside such period.
6. In cases where the participant decides to tour or visit the host country after 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.
7. In cases where the EMPLOYER/HOST ORGANIZATION has hired a participant with disabilities, the DELIVERY ORGANIZATION will reimburse the EMPLOYER/ HOST ORGANIZATION for reasonable costs incurred for the recruitment and participation of the disabled participant, including costs related to internship accommodation requirements necessary for participation up to a maximum of $3,000 per participant and upon submission by the EMPLOYER/ HOST ORGANIZATION of a detailed claim of expenditures and original receipts. When hiring a participant with disabilities, the EMPLOYER/ HOST ORGANIZATION understands that the DELIVERY ORGANIZATION’s contribution toward work experience/internship accommodation requirements necessary for participation shall not exceed the actual costs incurred by the EMPLOYER/ HOST ORGANIZATION.
8. Payment of the DELIVERY ORGANIZATION’s contribution may be made as follows:
(a) an initial advance payment not exceeding 90% of the estimated total contribution payable under this Contract; and
(b) upon receipt of a satisfactory claim made in a form prescribed by the DELIVERY ORGANIZATION and submitted within 30 days from the termination of the work experience/internship placement covered by the placement period, the balance, if any, of the contribution owing to the EMPLOYER/ HOST ORGANIZATION.
9. (1) The EMPLOYER/ 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 participants, 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 a participant or administrative employee 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 participant or the hiring of the administrative staff, as the case may be, was not the result of favouritism by reason of the participant’s or the administrative employee’s membership in the immediate family of the EMPLOYER/ HOST ORGANIZATION or officer or director of the EMPLOYER/ HOST ORGANIZATION, as the case may be.
(2) For purposes of subsection 9(1), “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/ HOST ORGANIZATION, officer or director, as the case may be.
10. 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/ HOST ORGANIZATION shall make the 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. (1) This Contract may be terminated by either party on 15 days written notice. Notwithstanding the foregoing, the DELIVERY ORGANIZATION may terminate this Contract immediately by notice in writing:
(a) if the EMPLOYER/ HOST ORGANIZATION is in breach of any of its obligations under this Agreement;
(b) if any representation or warranty made by the EMPLOYER/ HOST ORGANIZATION is materially false or misleading; or
(c) if any change occurs in the tasks and responsibilities of the participants, as described in the EMPLOYER’s/ HOST ORGANIZATION’s Contract, without the DELIVERY ORGANIZATION’s prior approval.
(2) 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 Contract.
(3) 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 unexpended advance shall be repaid forthwith 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. 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 forthwith to the DELIVERY ORGANIZATION upon notice thereof and such amounts shall be recognized as being a debt due to the DELIVERY ORGANIZATION.
13. 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.
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/ 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.
16. (1) 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 this Contract, and any notice shall be deemed to have been given:
(a) if by ordinary mail, when in the ordinary course the letter should have reached its destination;
(b) if by registered mail, when the postal receipt is acknowledged by the other party;
(c) if by fax, when the sender has received a confirmation of delivery to the recipient.
(2) The address of either party may be changed by notice in the manner set out in subsection 16(1).
17. Upon completion of the internship 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:
(a) any asset costing less than $250;
(b) assets that have been physically incorporated into the premises of the EMPLOYER/ HOST ORGANIZATION; and
(c) assets that have been consumed or expended in carrying out the internship.
18. The EMPLOYER/ HOST ORGANIZATION further undertakes that during the period it is engaged in carrying out the internship, 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. (DELIVERY ORGANIZATION to delete section 19 if not applicable.)
19. The EMPLOYER/ HOST ORGANIZATION agrees to ensure that any service to the public provided by the EMPLOYER/ HOST ORGANIZATION in carrying out the work experience or internship shall be made available in both official languages.
20. No member of the House of Commons, Senate, or provincial, territorial legislative assembly shall be admitted to any share or part of this Contract or to any benefit arising therefrom.
21. 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.
(Section 22 applies only where the EMPLOYER/ HOST ORGANIZATION is an unincorporated organization. DELIVERY ORGANIZATION to delete if not applicable.)
22. 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.
23. The DELIVERY ORGANIZATION shall not be liable for any illness or injury including death to the person, or the loss of or damage to the property of the EMPLOYER/ HOST ORGANIZATION or participant or of anyone else, occasioned by or in any way attributable to the EMPLOYER/ HOST ORGANIZATION under this Contract, unless such 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 servants 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 law applicable in the province of Canada where the EMPLOYER/ HOST ORGANIZATION operates a business.
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