Esdc Emp5396a
Esdc Emp5396a
Project Number
Canada Summer Jobs Application / Agreement
You must carefully read the Applicant Guide and the attached Canada Summer Jobs Articles of Agreement as you will be required to attest that you have
read and understood these documents.
Unless otherwise indicated in the Applicant Guide or on this form, you must complete all parts of the application. Employment and Social Development
Canada (“the Department” or ESDC) may refuse applications that are incomplete or contain errors. We will contact you to request any mandatory information
if it is missing from your form.
The application and the Applicant Guide identify which information will be posted publicly on Job Bank. Please pay close attention and keep this in mind when
completing your application. The full domain addresses for all internet hyperlinks in this application are accessible in the Applicant Guide.
The Department may review results from previous Canada Summer Jobs funding agreements when determining the eligibility of your application. The
Department may also review information in the public domain, including but not limited to materials on your website and media articles, when determining the
eligibility of your application.
Should your application be deemed eligible, the information you provide will be shared in accordance with the law with your respective Member of Parliament
to ensure local priorities are considered. It may also be used by the Member of Parliament to notify employers whose Canada Summer Jobs funding
applications have been approved. The Department and your Member of Parliament may also use the information to help promote the program.
Funded employers will be listed on the Canada Summer Jobs website and funded positions will be posted on Job Bank.
In the event of an Access to Information request regarding the approved funding application or any relevant information about the organization in the
Department’s possession, the information provided to the Department will be disclosed, subject to applicable exemptions under the Access to Information Act,
such as the exemption for personal information.
You have the right to the protection of, and access to, your personal information. Details of the collection of personal information is described in the Personal
Information Bank Youth Employment and Skills Strategy ESDC PPU 706. Instructions for obtaining this information are outlined in the government publication
available online, entitled Information about programs and information holdings. This information may also be accessed in person at any Service Canada
Centre. You have the right to file a complaint with the Privacy Commissioner of Canada regarding ESDC’s handling of your personal information.
3. Operating (Common) Name, mandatory if different from legal name (This will be posted 4. Telephone Number (This will be posted publicly on
publicly on Job Bank) Job Bank) *
5. Organization Type *
Private Sector
Business, incorporated or
Financial institution Indian Band corporation
unincorporated body
Private Band Council Private university or college
Not-For-Profit Sector
Association of workers or employers as well
Indigenous not-for-profit organization Not-for-profit Band Council
as professional and industrial organizations
Community, charitable or voluntary
Sector council Union
organization
Non-governmental organization
Public Sector
Municipal government or agency Public health Public community college or vocational school
School boards and elementary and secondary
Public degree-granting college Public degree-granting university
institutions
Territorial government
Ineligible employers include Members of the House of Commons and the Senate, Federal Government Departments and Agencies, Provincial Departments
and Agencies, and organizations that engage in partisan political activities. Please also review the list of ineligible projects and job activities contained in the
Applicant Guide and section 15.0 of the Articles of Agreement.
6. Organization Email Address (This will be posted publicly on Job Bank) *
12. Number of Full-Time Employees Working in 13. Mailing Address of Organization * Postal Code *
Canadian Locations of your Organization *
14. Address of the Location of the Proposed Job Activities (mandatory if different from Box 13). Please explain why. This address cannot Postal Code
be a post office box (PO Box); it must be a civic address.
15. If the proposed activities will take place in multiple locations, will they be held within the same constituency?
16. Have you applied or will you apply for other sources of funding for the job requested? *
If Yes, and if the Canada Summer Jobs contribution requested is in excess of $100,000, you must abide by the terms stipulated in
Yes
Sections 8.2 to 8.3 of the attached Canada Summer Jobs Articles of Agreement.
No
17. Does your organization owe any amount to the Government of Canada? (taxes, penalties, overpayments, etc.) *
Yes If Yes, complete the fields below for each amount owing and it is mandatory to complete question 18.
Amount Owing Nature of the Amount Owing (taxes, 18. Is a payment plan
Department or Agency to Which Amount is Owed
($) penalties, overpayments, etc.) in place?
A. Yes No
B. Yes No
C. Yes No
D. Yes No
Have you implemented practices to ensure that your work environment is healthy and safe? Yes No
Workplace Hazardous Materials Listing Workplace Demonstrating Providing Necessary Providing Job-Specific
Information Systems (WHMIS) Hazards Workplace Safety Certifications Safety Training
Providing Safety Emergency
Conducting Regular Safety Checks Other
Equipment Preparedness and
Response Plan
If you select “Other”, please describe in the following text box:
Have you implemented policies and practices to ensure that your work environment and hiring practices are free of harassment and discrimination?
Yes No
Job Details will be posted publicly, including on Job Bank. Please see the list of eligible and ineligible job activities in the Applicant Guide before
completing this section of the application.
If you are applying for more than 3 job titles, copy an entire Job Details section for each additional job title and attach it to your application when
submitting it. If there is not enough space to appropriately answer a question, you may answer it on a separate sheet and attach it to your
application when submitting it.
Follow this link for information on the National Occupation Classification (NOC) codes.
21. Job Title * If you select “Other” for
Job Title, it is mandatory
Administrative Assistant Event Co-ordinator Research Support Officer
to identify a NOC code for
Camp Counsellor Food and Beverage Server Sales Associate the position:
Your description of job tasks and responsibilities for each job title must clearly demonstrate how the skills identified below will be developed. Please refer to
Section 15 of the Articles of Agreement for a list of ineligible activities.
Please select the skills the participant will develop during this placement.
Client Service refers to the ability to communicate efficiently and professionally with clients. At work, client service skills are required to
Client service
interact with clients on behalf of the employer.
Teamwork refers to the skills needed to interact with other people. At work, people work with others in pairs and in small and large
Teamwork groups to coordinate tasks, share resources, plan, make decisions, negotiate, solve conflicts and complete other activities that involve
teamwork.
Communication refers to the skills needed to exchange thoughts and information with other people. This exchange can happen orally
by speaking, listening and using non-verbal cues, such as body language or in writing. At work, people use communication skills to talk
Communication to customers, discuss products with suppliers, explain work procedures to co-workers, participate in virtual sales meetings with clients,
and other activities that involve verbal or written exchanges.
Digital technology refers to the skills needed to understand and use digital systems, tools and applications, and to process digital
Digital skills information. At work, people use digital technology skills to input, access, analyze, organize, create and communicate information and
ideas using computers, software, point-of-sale equipment, email, podcasts, web applications, smart phones and other digital devices.
Leadership refers to a number of skills, including communication, relationship building, and the ability to delegate and traits such as
Leadership honesty. At work, leadership skills are required when working in a team, demonstrating initiative, and taking responsibility for the
completion of tasks that require multiple employees.
Other
Supervision Plan *
Outline your supervision plan. The supervision plan should be task-oriented and focused on the specific job activities contained in the application. For more
information, please refer to the Applicant Guide.
Supervisor job title: Executive Director Manager Director Owner Supervisor Other
Type of feedback to be provided to youth: Formal (Scheduled, written) Informal (Unscheduled, verbal)
Mentoring Plan *
Outline your mentoring plan. Mentoring is a relationship between an experienced mentor and a less experienced person - in this case the youth employee.
Through regular meetings, the mentor will share their professional experience with the youth and support skills development to help the youth enter the labour
market. For more information, please refer to the Applicant Guide.
Mentor job title: Executive Director Manager Director Owner Supervisor Other
Work Experience *
Will this job provide a career-related work experience for the youth? Yes No
Preferred Level of Education of the Participant: Secondary Post-secondary No preference (including non-students, recent graduates, etc.)
National Priorities *
National priorities are established to help the program achieve its objectives of helping young people, particularly those facing barriers to employment, to
transition to the labour market. Additional points will be awarded to projects that demonstrate support for one or more national priorities.
If Yes, indicate which national priority. Please refer to the Applicant Guide for more details on each National Policy.
Priority 1: Youth who are early leavers of high school, not in employment, education or training
Priority 5: Small businesses and Not-For-Profit Organizations that self-report as having leadership from groups that are under-represented in the labour
market
Local Priorities *
Local priorities are established for each constituency by Members of Parliament throughout the country taking into account community services and local
events local labour market information, including sectors experiencing labour shortages, and national priorities. Additional points will be awarded to projects
that demonstrate support for one or more local priorities.
Does this job support one or more of your Member of Parliament's local priorities? Yes No
If Yes, indicate which local priority or priorities. Local priorities are set for each individual constituency. Please refer to the Applicant Guide or
follow this link for information on local priorities for your constituency.
It is mandatory to complete a calculation of employer's total cost including funding requested for each job title. A job is considered different when at least one
of the following details varies: job title, tasks and responsibilities, start date, hourly wage, number of weeks, number of hours per week or preferred level of
education of the participant. Please include the number of participants requested for each job title in column B.
*MERCs = Mandatory Employment Related Costs
23. Will you require an advance payment to pay the youth should your application be approved? Yes No
Once completed and submitted, this Canada Summer Jobs application, if approved by Service Canada, will form a part of the agreement between Canada and
the organization. The organization will then be subject to the attached Canada Summer Jobs Articles of Agreement.
• to submit the Employer and Employee Declaration form (EMP 5397) within 7 days of the youth beginning the Canada Summer Jobs-funded
employment;
• to return the Payment Claim form (EMP 5398) no longer than 30 days after the last Canada Summer Jobs-funded job is complete.
Canada Summer Jobs provides wage subsidies to employers to create employment for youth between the ages of 15 and 30 years. Canada Summer Jobs
welcomes applications from small businesses, not-for-profit employers, public sector and faith-based organizations that provide quality summer jobs for youth.
Attestation *
• I have read, understood and will comply with the Canada Summer Jobs Articles of Agreement;
• I have all the necessary authorities, permissions and approvals to submit this application on behalf of myself and the organization;
• The job would not be created without the financial assistance provided under a potential contribution agreement;
• Any funding under the Canada Summer Jobs program will not be used to undermine or restrict the exercise of rights legally protected in Canada.
I attest
24. Name of the Organization's Representative (refer to Section 36 of the 25. Name of the Organization's Representative (where the organization
attached Canada Summer Jobs Articles of Agreement) * requires two representatives to enter into a legally binding agreement)
Name (Print) Name (Print)
Signature Signature
Articles of Agreement
between
Her Majesty the Queen in Right of Canada, as represented by the Minister of Employment and Social Development
(hereinafter referred to as "Canada")
and
The Employer identified as the "Legal Name of the Organization" on the attached document titled "Canada Summer Jobs - Application/Agreement"
(hereinafter referred to as the "Employer")
Whereas Canada has established the Canada Summer Jobs program, a component of the Youth Employment and Skills Strategy, under which financial
assistance may be provided to Employers to encourage these Employers to hire youth to help them in acquiring employment and/or career related skills;
Whereas the Employer proposes to hire Participant(s) for the Job(s) listed in the “Canada Summer Jobs Application”; and
Whereas Canada has agreed to make a contribution towards the costs of the Job(s) under Canada Summer Jobs;
1.0 Agreement
1.1 The following documents and any amendments relating thereto form the Agreement between Canada and the Employer:
2.0 Interpretation
2.1 In this Agreement,
"Funding Period” means the period during which the Job is taking place as indicated in the "Calculation of Approved Canada Summer Jobs
Contribution Amount” document;
"Job" means the job activities and related information described in Part B - Job Details in the Application/Agreement form;
"Mandatory Employment Related Costs" means payments that the Employer is required by law to make in respect of Participants including, but
not restricted to, those required for Employment Insurance premiums, Canada or Quebec Pension Plan contributions, vacation pay, Workers'
Compensation Premiums or equivalent liability insurance (if applicable), Health Services Fund, Quebec Parental Insurance premiums,
Commission des normes, de l'équité, de la santé et de la sécurité du travail in Quebec, Health and Post-Secondary Education Tax in
Newfoundland and Labrador, Health and Post-secondary Education Levy in Manitoba, and Employer Health Tax where applicable;
"Overhead Costs" means such costs, other than wages and Mandatory Employment Related Costs, incurred by the Employer, which are in
compliance with the conditions governing eligible costs set out in this Agreement;
"Participant" means an individual who is hired by the Employer for a Job during the period set out in the "Calculation of Approved Canada
Summer Jobs Contribution Amount” document and who:
*International student are not eligible. Recent immigrants are eligible if they are Canadian Citizen or permanent residents.
"Project" means the hiring, administration of, and job activities, and organization's activities as described in the Application/Agreement;
Words imparting the singular include the plural and vice versa.
3.2 All obligations of the Employer shall expressly or by their nature survive termination or expiry of this Agreement and shall continue in full force
subsequent to and notwithstanding such termination or expiry until and unless they are satisfied or by their nature expire.
4.2 Costs are eligible costs only if they are, in the opinion of Canada, reasonable and directly related to the provisions of the Job(s). Only those
costs incurred during the Funding Period are eligible costs. No costs incurred prior to or following the Funding Period are eligible costs.
4.3 When hiring a Participant with a disability, the Employer agrees that Canada’s contribution towards special equipment facilities and support
necessary for the participation shall not exceed the actual costs.
4.4 The amount of Canada’s contribution in respect of Mandatory Employment Related Costs incurred in respect of each Participant shall not
exceed the amount that would be payable if the Participant's wages were paid at the provincial or territorial adult minimum wage rate.
4.5 In the event that the hourly wage rate paid by the Employer is less than the hourly wage rate shown in the Application/Agreement, Canada may,
in its discretion, reduce the amount of its contribution in respect of those eligible costs.
5.0 Appropriation
5.1 Any payment under this Agreement is subject to the appropriation of funds by Parliament for the Fiscal Year in which the payment is to be
made.
(a) an initial advance payment not exceeding 75% of the estimated total contribution payable under the Agreement; and
(b) upon receipt and verification of a claim made in a form prescribed by Canada and submitted within 30 days from the termination of
the Job(s) covered by the Agreement, the balance, if any, of the contribution owing to the Employer.
(a) following the receipt of a cash flow forecast, an initial advance payment not exceeding 50% of the estimated total contribution
payable under the Agreement; and
(b) upon receipt and verification of a claim made in a form prescribed by Canada and submitted within 30 days from the termination of
the Job(s) covered by the Agreement, the balance, if any, of the contribution owing to the Employer.
(a) following receipt of a cash flow forecast, an initial advance payment not exceeding 50% of the estimated total contribution monthly
advances covering the Employer's estimated monthly financial requirements payable under the Agreement; and
(b) upon receipt and verification of a claim made in a form prescribed by Canada and submitted within 30 days from the termination of
the Job(s) covered by the Agreement, the balance, if any, of the contribution owing to the Employer.
(b) Parliament reduces the appropriation of funds for contributions under the Program named in this Agreement.
7.2 Where, Canada gives notice of its intention to reduce its funding pursuant to section 7.1, and the Employer is of the opinion that it will
be unable to complete the Project in the manner desired by the Employer, the Employer may terminate the Agreement upon not less
than fifteen (15) days written notice to Canada.
8.2 The Employer will inform Canada promptly in writing of any additional financial assistance to be received for the Job(s) other than that referred
to in section 8.1
8.3 Where the Employer receives any additional financial assistance for the Job(s) other than the financial assistance referred to in section 8.1,
Canada may, in its discretion, reduce its contribution by such amount as it considers appropriate, up to the amount of the additional assistance
received, or if Canada's contribution has already been paid, require repayment of such amount. Upon receipt of notice to repay under this
section, the Employer agrees to repay the amount as a debt due to Canada.
(a) be solely and absolutely responsible for the hiring, management, supervision and control of the job(s);
(b) provide the Participant(s) with an adequate supervision, mentoring, skills acquisition, learning and work experience;
(c) ensure that the Job(s) are carried out in a safe, inclusive and healthy environment;
(d) provide the Participant(s) with all the information concerning health and safety standards and regulations regarding their work environment
and, if necessary provide training, information and safety equipment required to accomplish their tasks;
(e) inform Canada promptly in writing forthwith of any injury suffered by the Participant(s) while carrying out the Job(s), and
9.2 The Employer shall not, without the prior written consent of Canada, alter the nature of the Job(s) that are described in the
Application/Agreement. Funding shall only be used for the Project as approved and not for any activities outlined in section 15.1.
10.2 Prior to collecting or compiling the information in form EMP5397, the Employer shall:
(a) inform the Participant that funding for the Project is provided by Canada. Canada needs the information referred in the form EMP5397 to:
(i) validate the eligibility of each Participant;
(ii) measure the results and assess the success of the Project;
(b) obtain the written consent of each Participant for the collection, uses and disclosure of the information in form EMP5397.
10.3 Participants will also be encouraged to complete a questionnaire to report on their experience with the Canada Summer Jobs program.
10.4 All Participant information referred to in section 10.1 collected or compiled by the Employer shall be treated as confidential and the Employer
shall take all security measures reasonably necessary for the protection of any unauthorized release or disclosure, including those set out in
any instructions issued by Canada.
10.5 During the course of this Agreement and for a period of six years thereafter, the Employer shall not release or disclose information referred to in
section 10.1 about a Participant to any other person or body for any purpose unless the Participant consents to the release or disclosure or
unless the person or body is authorized by law to require the Employer to provide information to the person or body.
10.6 Upon expiry of a period of six years after the Project Period, the Employer shall destroy the information referred to in section 10.1 in accordance
with instructions issued by Canada.
10.7 Representatives of Canada shall be entitled to verify the Employer’s premises at all reasonable times to ensure compliance with the information
security requirements of section 10.4.
11.2 The Employer acknowledges that the name of the Employer, the amount of Canada’s funding and the general nature of the project may be
made publicly available by Canada in accordance with the Government of Canada’s commitment to proactively disclose the swarding of grants
and contributions.
11.3 In accordance with the Privacy Act and Department of Employment and Social Development Act, information on funded applicants will be
disclosed.
17.0 Indemnification
17.1 The Employer shall, both during and following the funding Period, indemnify and save Canada harmless from and against all claims, losses,
damages, costs, expenses and other actions made, sustained, brought, threatened to be brought or prosecuted, in any manner based upon,
occasioned by or attributable to any injury or death of a person, or loss or damage to property caused or alleged to be caused by any wilful or
negligent act, omission or delay on the part of the Employer or its employees or agents in connection with anything purported to be or required
to be provided by or done by the Employer pursuant to this Agreement or done otherwise in connection with the implementation of the Project.
It is understood that Canada cannot claim compensation under this section in case of accident, loss or damage caused by him or his
employees.
18.2 No member of the Senate or the House of Commons or member of their immediate family shall be admitted to any share or part of the
Agreement or to any benefit arising from it that is not otherwise available to the general public.
19.0 Nepotism
19.1 No cost incurred by the Employer in relation to a Participant who is a member of the Immediate Family of the Employer or who is a member of
the Immediate Family of an officer or director of the Employer, is eligible for reimbursement under the Agreement. If Canada is satisfied, and
agrees in writing before the commencement of the Job, that the hiring of the Participant was not the result of favouritism by reason of
membership in the Immediate Family of the Employer, officer or director, as the case may be, the costs may be eligible for reimbursement.
19.2 For purposes of section 18.2 and 19.1, "Immediate Family" means father, mother, step-father, step-mother, foster parent, brother, sister,
spouse or common-law partner, child, step-child (including child of common-law partner), ward, father-in-law, mother-in-law, or any one
permanently residing with the Employer, officer or director, as the case may be.
19.3 For the purpose of section 19.2, "Common-law partner" means a person who is cohabiting with the Employer, officer or director, as the case
may be, in a conjugal relationship, having so cohabited with the Employer, officer or director, for a period of at least one year.
20.2 During the course of this Agreement and for a period of six years thereafter, the Employer shall make the books of accounts and records
available at all reasonable times for inspection and audit by representatives of Canada to ensure compliance with the terms and conditions of
this Agreement and verify costs claimed by the Employer under this Agreement. The Employer shall permit representatives of Canada to take
copies and extracts from such books and records and shall furnish them with such additional information as they may require with reference to
them.
20.3 In the event that financial irregularities are discovered, Canada may verify information with the Canada Revenue Agency.
22.0 Evaluation
22.1 The Employer agrees to cooperate with Canada in the conduct of any evaluation of the Project and/or the Program named in this Agreement
that Canada may carry out during the Funding Period or within a period of three years thereafter. Without limiting the generality of the
foregoing, if requested by Canada to do so for the purpose of conducting an evaluation, the Employer agrees to.
(a) participate in any questionnaire, interview, case study or other data collection exercise initiated by Canada; and
(b) subject to section 22.2 provide Canada with contact information of the Project partner organizations, if any, who participated in the Project,
and of the members of the board of directors of the Employer.
This includes a mandatory questionnaire that will be administered at the end of the program year. The Employer agrees to complete this
questionnaire and submit to Canada as part of the final reporting process.
22.2 The Employer shall provide Canada with the contact information of a person (name, address, phone number and e-mail address) referred to in
section 22.1 only if the person has given their written consent to the release of the information to Canada. The Employer agrees to make all
reasonable efforts to secure such consent during the Funding Period. When providing a person's contact information to Canada, the Employer
shall provide Canada with an accompanying written statement certifying that the person has given their consent to the sharing of their contact
information with Canada.
23.2 At the end of the Funding Period, or upon termination of this Agreement, if earlier, and if directed to do so by Canada, any assets referred to in
section 23.1 costing $1,000 (before taxes) or more that have been preserved by the Employer shall be:
(a) sold at a fair market value and that the funds realized from such sale be applied to the eligible costs under this Agreement to offset
Canada's contribution;
(b) turned over to another person or organization designated or approved by Canada; or
(c) disposed of in such other manner as may be determined by Canada.
(2) If:
(3) In the event Canada gives the Employer written notice of default pursuant to paragraph (2)(b), Canada may suspend or revoke any further
payment under this Agreement until the end of the period given to the Employer to remedy the Event of Default.
(4) If an event of Default specified in paragraph 1(d) occurs, the Employer shall have seven (7) days following receipt by the Employer of
written notice of default to make written representations to Canada, which will be considered by Canada in its decision as to whether to
terminate this Agreement. Further to consideration of the Employer's written representations, or if no written representations are delivered
by the Employer within the required deadlines, Canada will make a final determination as to whether to terminate the Agreement and will
notify the Employer in writing of said decision. If Canada decides to terminate the Agreement pursuant to paragraph 4, written notice of
termination will be provided to the Employer.
(5) Further to the process set out in paragraph 4, in the event that Canada provides written notice of termination to the Employer, Canada shall
no longer have an obligation to make any further financial contributions to the Employer or if no financial contributions have been made to
date, Canada will have no obligation to make such a financial contribution to the Employer.
(6) If this Agreement is terminated for an Event of Default specified in paragraph 1(d), this Event of Default will be taken into consideration by
Canada in the assessment of any subsequent applications for funding by the Employer under the Canada Summer Jobs program, or any
replacement or successor programs, for the next two years, and any such applications may be rejected by Canada on the basis of this
Event of Default.
(7) If this Agreement is terminated for an Event of Default under this section, the Employer will repay Canada, promptly and by no later than
thirty (30) calendar days from the date of Canada's notice of termination, the full amount of the contribution received by the Employer under
this Agreement, together with interest calculated in accordance with the federal Interest and Administrative Charges Regulations. Any such
amount is a debt due to Her Majesty in right of Canada and is recoverable as such.
(8) The fact that Canada refrains from exercising a remedy it is entitled to exercise under this Agreement shall not be considered to be a waiver
of such right and, furthermore, partial or limited exercise of a right conferred upon Canada shall not prevent Canada in any way from later
exercising any other right or remedy under this Agreement or other applicable law.
24.3 In the event of a termination notice under section 24.2 being given by Canada
(a) the Employer shall make no further commitments in relation to the Project and shall cancel or otherwise reduce, to the extent possible, the
amount of any outstanding commitments in relation thereto; and;
(b) all eligible costs incurred by the Employer up to the date of termination will be paid by Canada, including the Employer's costs of, and
incidental to, the cancellation of obligations incurred by it as a consequence of the termination of the Agreement; provided always that
payment and reimbursement under this paragraph shall only be made to the extent that it is established to the satisfaction of Canada that the
costs mentioned herein were actually incurred by the Employer and the same are reasonable and properly attributable to the termination of
the Agreement.
24.4 The Employer shall negotiate all contracts related to the Project, including employment contracts with staff, on terms that will enable the
Employer to cancel same upon conditions and terms that will minimize to the extent possible their cancellation costs in the event of a
termination of this Agreement. The Employer shall cooperate with Canada and do everything reasonably within its power at all times to
minimize and reduce the amount of Canada's obligations under section 24 in the event of a termination of this Agreement.
25.1 Any interest earned on advances of Canada's contribution shall be accounted for by the Employer. Such interest shall be deemed to be part
payment of the contribution and shall be used or applied to offset Canada's contribution in respect of the eligible costs under this Agreement.
26.1 Upon expiry or termination of this Agreement, if earlier, the Employer shall immediately repay to Canada any amount by which the contribution
paid to the Employer, together with any interest earned thereon, exceeds the amount to which the Employer is entitled under the Agreement.
Without limiting the generality of the foregoing, amounts to which the Employer is not entitled include
(a) the amount of any unspent advance payments of the contribution remaining with the Employer
(b) amounts paid in error or in excess of the amount of costs actually incurred; and
(c) amounts paid in respect of costs which are determined by Canada to be ineligible.
Such amounts are debts due to Canada.
26.2 Interest shall be charged on overdue debts in accordance with the Interest and Administrative Charges Regulations made pursuant to
Canada's Financial Administration Act. Interest is calculated and compounded monthly at the “average bank rate”, within the meaning of
such expression as contained in the Regulations, plus three per cent (3%) during the period beginning on the due date specified in the
notice to repay and ending on the day before the day on which payment is received by Canada.
27.1 The Employer shall provide Canada with such reports concerning the progress of the Participants and/or particulars as may be requested by
Canada. The progress reports shall be in such form and contain such information as may be specified by Canada.
27.2 The Employer shall, upon request, permit representatives of Canada to have access to the site or sites where the Job(s) are carried out to
monitor such Job(s).
28.0 Insurance
28.1 The Employer shall ensure that it has Workers' Compensation coverage or similar insurance, in accordance with provincial/territorial
regulations, in place for the Participants for the duration of their Job(s) pursuant to this Agreement.
29.1 The Employer shall allow Canada sixty (60) days from the date of signature of the Agreement to announce the Project and to inform
Participants (youth). The parties will collaborate for the first public announcement of the project, including all communication, event or
ceremony used to promote the project. The time, place and agenda for such communication activities must be appropriate for Canada.
29.2 To enable Canada's participation in any subsequent communications activities about the project; the Employer will inform Canada no later than
twenty (20) calendar days preceding such communication activities.
29.3 The Employer shall ensure that in all communication activities, publications, advertising (including on social media or websites) include the
recognition of Canada's - financial assistance to the project - in a form satisfactory to Canada.
30.0 Notices
30.1 Any notices to be given and all reports, information, correspondence and other documents to be provided by either party under this Agreement
shall be given or provided by personal delivery, mail at the postal address or courier service or by email address, as the case may be, of the
receiving party. If there is any change to the postal address, email address or contact person of a party, the party concerned shall notify the
other in writing of the change as soon as possible.
30.2 Notices, reports, information, correspondence and other documents that are delivered personally or by courier service shall be deemed to have
been received upon delivery, or if sent by mail five (5) working days after the date of mailing, or in the case of notices and documents sent by
email, one (1) working day after they are sent.
31.1 The Employer shall carry out the Project in compliance with all applicable laws, by-laws and regulations, including labour regulations in the
province or territory where the employment is located; any environmental legislation; any accessibility legislation; and, any legislation regarding
protection of information and privacy. The Employer shall obtain, prior to the commencement of the Project, all permits, licenses, consents and
other authorizations that are necessary to the carrying out of the Project.
32.0 Severability
32.1 If any provision of this Agreement is held void or unenforceable by a court or tribunal of competent jurisdiction, the remainder of this Agreement
shall be unaffected and each remaining provision of this Agreement shall be valid and be enforceable to the fullest extent permissible by law.
33.0 Waiver
33.1 Failure by any Party to exercise any of its rights, powers, or remedies under this Agreement or its delay to do so does not constitute a waiver
of those rights, powers, or remedies. Any waiver by either Party of any of its rights, powers, or remedies under this Agreement must be in
writing; and, such a waiver does not constitute a continuing waiver unless it is so explicitly stated.
34.0 Amendment
34.1 This Agreement may be amended by mutual consent of the parties. To be valid, any amendment to this Agreement shall be in writing and
signed by both parties.
35.1 The Employer shall not assign this Agreement or any part thereof without the prior written consent of Canada.
36.1 The Employer warrants that its representative(s) identified in this Application/Agreement has (have) the authority to enter into an agreement on
its behalf and agrees to provide Canada with such evidence of that authorization as Canada may reasonably require.