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Terms and Conditions

    Activities

  1. The sponsor organization agrees to develop and undertake activities which will provide an adequate blend of training and work experience to assist the student in improving his/her employment prospects.
  2. The management, supervision, and control of the student is the sole and exclusive responsibility of the sponsor organization. Nothing in this Agreement shall be construed to appoint the sponsor organization or the student as a servant or agent of the Province.
  3. The sponsor organization shall:
    1. provide the student(s) with the necessary supervision, learning and work experience;
    2. ensure that the job(s) are carried out in a safe environment;
    3. provide the student(s) with all the information concerning health and safety standards and regulations regarding their work environment and, if necessary inform them about the safety equipment required to accomplish their tasks;
    4. inform the Province promptly in writing of any injury suffered by the student(s) while carrying out the job(s);
  4. The sponsor organization shall obtain, prior to the commencement of the activities, all permits, licenses, consents and other authorizations that are deemed necessary to permit the carrying out of the activities; and the activities shall be executed in compliance with all laws, by laws and regulations as may be required.
  5. The sponsor organization must have an established operation in the Province of Newfoundland and Labrador.
  6. The sponsor organization shall demonstrate a willingness to hire students identified by the Department of Advanced Education and Skills.
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    Liability

  8. The sponsor organization represents and warrants to the Province that the employment provided for the student satisfies all applicable federal or provincial legislation and is not employment that:
    1. provides personal services;
    2. is paid solely by commission or output;
    3. has been created by the displacement of an existing employee, or that would normally be held by an employee on lay off, awaiting notice or recall, filled by promoting an existing employee, or absent as a result of a labour stoppage or labour/management dispute; or
    4. is being subsidized by another government wage subsidy program.
  9. All payments required by law to be made by a sponsor organization including, Income Tax, Employment Insurance, Canada Pension, assessments under the Workplace Health, Safety and Compensation Act, holiday pay and any liability arising from this placement shall be the sole and absolute responsibility of the sponsor organization.
  10. Nothing in this Agreement shall be deemed to authorize the sponsor organization to contract for or incur any obligation on behalf of the Province.
  11. The sponsor organization shall be solely responsible for and shall hold the Province free from any and all losses, expenses, damages, demands and claims arising out of or in connection with injuries (including death) or damages to any and all persons whether student or others and to property in any way sustained or alleged to have been sustained in connection with or by reason of the performance of the activities.
  12. No contribution may be paid by the Province with regard to a student:
    1. who is not legally entitled to work in Canada;
    2. who does not plan to attend or return to a post secondary institution within the next year;
    3. who is a member of the immediate family of the applicant sponsor organization or, if the sponsor organization is a corporation, who is a member of the immediate family of a director or senior manager of the corporation. For the purpose of this section, "immediate family" means spouse, parent, grandparent, child, sibling, in-laws, or other persons residing in the sponsor organization’s household.
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    Accounts and Records

  14. The sponsor organization shall, with respect to the student, and in a form provided by the Province:
    1. submit claims as required by the Province;
    2. submit a final claim within 30 days following the completion or termination of student placement; failure to submit final claims and any required documentation will result in the project being considered finalized with no further payments being released; future applications will not be considered until all previously requested documentation is received.
  15. The sponsor organization shall furnish such other reports concerning the progress and particulars of the student and the attainment of objectives as may be requested by the Province.
  16. The sponsor organization shall keep proper accounts and records, including invoices, receipts, vouchers, bank statements, and cheques of all financial transactions relating to this Agreement and these records shall be open at all times to inspection and audit by the Province or its authorized representatives.
  17. The sponsor organization undertakes to respect the confidentiality of the information obtained from individuals and to use such information solely for the purposes of which it is obtained.
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    Payment

  19. The Province shall make a payment of 90% of the stipend amount to the sponsor organization upon approval of the application and shall make a final payment of the remaining 10% to the sponsor organization following receipt of a final claim, including required documentation, subject to Section 12, and, if deemed necessary by the Province, upon completion of an audit by the Province or its representatives. No contribution shall be made by the Province in excess of the amounts listed in this Agreement. No contribution shall be made except upon evidence satisfactory to the Province that the expenses for which contribution is claimed have been actually expended.
  20. The Province may withhold or suspend payment of any amount payable pursuant hereto where the sponsor organization has failed to comply with any covenant or undertaking contained herein, where the Province is not satisfied with the progress of the activities, or pending the outcome of an audit being done to the activities.
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    Amendments

  22. This Agreement shall not be amended or assigned except by instrument in writing between the parties.
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    Termination

  24. Either party may terminate this Agreement with a minimum of seven days written notice to the other party.
  25. If, at any time, the Province is of the opinion that the sponsor organization has failed to conduct the activities in an acceptable manner or has failed to comply with any of his/her covenants or undertakings contained herein, the Province may terminate the Agreement by giving written notice thereof to the sponsor organization and any payment which would have otherwise been payable to the sponsor organization may, at the discretion of the Province, be withheld or suspended.
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    Overpayment

  27. The Province may demand return of any amount in excess of the contribution to which the sponsor organization is entitled under this Agreement. Immediately upon receipt of such demand, the sponsor organization shall repay the amount specified therein, it being agreed that such amounts are considered debts due to the Province.
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    General

  29. No member of the House of Assembly, House of Commons, the Department of Advanced Education and Skills, members of the Executive Pay Plan, staff employed in the office of a Member of the House of Assembly or office of a Provincial Minister of the Crown or any person or organization other than the applicant and/or the student shall be eligible for any financial assistance or, may receive any financial gain as a result of this contract.
  30. The applicant and/or student shall receive the full benefit of any financial assistance available and no other person or organization may receive or collect any percentage or portion of any monies awarded under this contract unless required by law, i.e., Income Tax, Canada Pension and Employment Insurance and assessments under the Workplace Health, Safety and Compensation Act.
  31. The student placement period shall last 280 hours and not exceed 8 weeks. The student will receive a weekly stipend of $175.00 during the duration of the contracted dates and will be provided a tuition voucher in the amount of $1,400.00 upon completion of the Program. Vouchers are redeemable at any recognized post secondary institution.
  32. Interruptions of the student placement may be permitted with the prior written approval from the Province.
  33. Sponsor organizations must provide student start/finish dates and hire student(s) within thirty (30) days of the official approval date, unless otherwise approved by the Province. Student placement prior to the date of official notification is not permitted. The stipend subsidy will not be provided beyond September 2, 2012. Failure to comply may lead to the termination of the Agreement.
  34. Changing students hired under this Agreement shall not be permitted unless prior approval is received from the Province.
  35. A student, for the purpose of this Program, is any individual who plans to attend or return to a post secondary institution within the next year.
  36. Notwithstanding the dates noted in this agreement the placement can operate the approved number of weeks between the date of official notification of approval through to September 2, 2012.
  37. The sponsor organization and the student may be required, upon completion of the student placement or at various stages in its progress, to participate in an evaluation of the program as determined by the Province.
  38. Approved placements must be posted on www.jobsinnl.ca opens new window and Employment Centres for a minimum of 3 days to ensure fair and equitable access to placements approved under the program
  39. Priority will be given to placements that support tourism related activities or other sectors deemed to be of priority.
  40. The sponsor organization must comply with the provisions of the Charter of Rights and Freedoms, Human Rights Act (2010), Labour Standards Act, Apprenticeship and Certification Act, and with all other applicable federal, provincial and municipal legislation.
  41. This Agreement shall be governed by the laws of Newfoundland and Labrador.
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