Terms and Conditions of contract between employer and delivery organization for YCW for Aboriginal Urban Youth (Summer Work Experience)

Note: If you are selected as an employer under Young Canada Works for Aboriginal Urban Youth, the following Terms and Conditions will form part of your contract with the applicable delivery organization. The only designated delivery organization is the National Association of Friendship Centres (NAFC).The NAFC may add other terms and conditions that are consistent with and reflect the terms and conditions of its agreement with the Department of Canadian Heritage. Upon request, the NAFC will provide a copy of all agreements signed with Employers.

1. In this contract,

1.1 The following Definitions apply:

“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;

“JOB” means the job(s) referred to on the application form and contract;

“EMPLOYEES” means the employees hired by the EMPLOYER for the jobs, unless the context indicates otherwise;

“MANDATROY 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; and

“ELIGIBLE STUDENT CANDIDATES” means be a Canadian citizen, permanent resident or have been granted refugee status in Canada, be legally entitled to work in Canada, be between 16 and 30 years of age at the start of your employment, be a Canadian Aboriginal student, graduate or unemployed youth intending to return to school and, live in an urban centre;

“OVERHEAD COSTS” means the wages and employment related costs for staff, licenses, permits, bank charges, utilities, material, supplies, travel, insurance, disability needs, rental of premises, leasing or purchase of equipment, audits, assessment and evaluations; and the costs associated with the workers’ compensation actual costs or assessment paid directly to the provincial/territorial workers’ compensation authority on behalf of employers and coordinators for eligible participants or administrative staff.

1.2 The following will also be identified:

(a) the effective date, the date of signing, and the duration of the agreement;

(b) the statement of purpose of the agreement and clear agreed expectations between the EMPLOYER and the DELIVERY ORGANIZATION;

(d) the eligible expenditures supported under the agreement and contain a budget breakdown by expenditure category and by sources of funding;

(e) the activities, objectives and expected results.

2. The EMPLOYER represents and warrants that:

(a) the 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;

(b) the job will not be for a student who has already been hired in that specific job;

(c) 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);

(d) 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

(e) the job would not normally be created without the financial assistance provided under this contract; and

(f) the job 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 shall:

(a) provide the DELIVERY ORGANIZATION with the name(s) and permanent address(es) of the employee(s);

(b) provide the employees with the necessary supervision, a work plan, and a work experience that is in keeping with the project description submitted by the EMPLOYER;

(c) pay the salary (in total) to the employee(s) in accordance with the obligation under this contract, including where applicable the authorized overhead costs and provide the DELIVERY ORGANIZATION with the level of mandatory costs to be included in the remuneration of the employee;

(d) keep proper accounts and records including hours of work of each employee, invoices, receipts, vouchers, bank statements, and cheques of all financial commitments and transactions relating to this contract;

(e) allow representatives of the DELIVERY ORGANIZATION or the Minister to enter the EMPLOYER'S premises at all reasonable times for purposes of inspection and audit of the books and records/documents referred to in paragraph (d) and for up to five years after the end of the agreement. If any such review is conducted by the DELIVERY ORGANIZATION, it has the right to provide the Minister with copies of such reviews, assessment or audit;

(f) upon request and without delay, provide any information as the DELIVERY ORGANIZATION may require concerning the contract;

(g) acknowledge the contribution received by the Department and the YCW for Aboriginal Urban Youth program in any promotional activity related to the funding received;

(h) monitor progress of the project and submit such regular reports concerning the progress of the employees and particulars of the employees as may be requested by the DELIVERY ORGANIZATION; and

(i) before breach of any obligation, consult with and report to the DELIVERY ORGANIZATION without delay, any fact, 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.

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 employees 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. It is further understood by the EMPLOYER that the hourly wages for the jobs shall not be less than he provincial or territorial adult minimum wage and shall not exceed the per hour rates of pay listed in the DELIVERY ORGANIZATION’s wage grid, commensurate with the employee’s level of attainment in secondary or post-secondary education, unless the adult minimum wage is higher.

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:

The DELIVERY ORGANIZATIONS’ contribution may be made as follows however is conditional on the receipt and acceptance of financial and activity reports:

(a) an initial advance payment not exceeding 50% of the estimated total contribution payable under the agreement;

(b) upon receipt of an interim financial statement covering the first month of operation and a forecast of expenditures for the remainder of the duration of the activity certified by the duly authorized signing authority of the EMPLOYER, and on-line staffing reports, a further advance of 30% of the estimated total contribution may be approved by the DELIVERY ORGANIZATION;

(c) upon the receipt of a final financial report certified by the duly authorized signing authority of the EMPLOYER; on-line end of work term report – Employer; on-line end of work term report – Student; Employer and Student Evaluation Questionnaire; submitted on September 15, 2011, the balance, if any, of the contribution owing to the EMPLOYER shall be made by the DELIVERY ORGNAIZATION;

(d) interim and final financial reports must declare any changes to its proposed sources of funding for the project. Any excess contribution where the total funds from federal, provincial, territorial, and municipal sources exceeds 100 percent of the total costs to the EMPLOYER must be repaid to the DELIVERY ORGANIZATION; and

(e) EMPLOYERS receiving total annual Canadian Heritage contributions totaling over $200,000 will be required to submit to the DELIVERY ORGANIZATION audited financial statements with an appropriate supporting schedule as described above, or, the EMPLOYER may provide an Audited Financial Report which shall clearly include all of the revenues realized and expenditures incurred for the given period with regard to the project funded, as per the budget categories set out in the project budget included in the Agreement with the EMPLOYER. Any other sources of revenues or expenditures added to the project after the Agreement is signed shall also be included. Accounts shall be audited by professional accountants who are independent of the organization and are active members in good standing with one of the following professional associations: CA, CMA, CGA legislation (Note: Some provinces do not allow CMA or CGA certified accountants to audit financial statements).

9.1 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 employees, 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 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.

9.2 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, 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 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.

11.1 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:

(a) if the EMPLOYER is in breach of any of its obligations under the contract;

(b) if any representation or warranty made by the EMPLOYER is materially false or misleading; or

(c) if any change occurs in the tasks and responsibilities of the employees, as described in the EMPLOYER's contract, without the DELIVERY ORGANIZATION's prior approval.

11.2 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 the contract.

11.3 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.

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.

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.

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 the 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; and

16.2 The address of either party may be changed by notice in the manner set out in subsection 16(1).

17. The EMPLOYER agrees to ensure that any service to the public provided by the EMPLOYER in carrying out the project shall be made available in both official languages.

18. No member of the House of Commons shall be admitted to any share or part of this contract or to any benefit arising therefrom.

19. 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 20 applies only where the EMPLOYER is an unincorporated organization. DELIVERY ORGANIZATION to delete if not applicable.)

20. 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.

21. 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 servants or agents in carrying out the activities described in the present contract.

22. This contract is concluded and must be interpreted in accordance with the law applicable in the province of Canada where the EMPLOYER operates a business.