National Apprenticeships Program
Grant Agreement
BETWEEN
The Native Women’s Association of Canada
(Hereinafter referred to as “NWAC”)
AND
[Recipient Name]
(Hereinafter referred to as “the Recipient”)
HEREINAFTER collectively referred to as “the Parties”
Articles of Agreement
WHEREAS the purpose of NWAC’s National Apprenticeships Program (“NAP”) is to
support small and medium-sized enterprises (SMEs) hire Indigenous women and
2SLGBTQIA+ persons to undertake new, first-year apprenticeships in
construction and manufacturing trades across Canada;
AND WHEREAS the Recipient has applied to NWAC for NAP funding to hire one or
more Indigenous women and/or 2SLGBTQIA+ persons to undertake new, first-year
apprenticeships in Red Seal construction and manufacturing trades;
AND WHEREAS the Recipient affirms that it is capable, qualified, and willing
to hire one or more apprentices to undertake new, first-year apprenticeships
in Red Seal construction and manufacturing trades;
AND WHEREAS NWAC agrees to provide a grant to the Recipient towards the cost
of hiring one or more apprentices upon satisfaction of the requirements for
funding set out in this Agreement, including the requirements set out in
Schedule A.
NOW THEREFORE the Parties agree as follows:
1.0 Agreement
1.1 The following documents, and any amendments thereto,
constitute the entire agreement between the Parties with respect to its
subject matter and supersedes all previous
understandings, agreements, negotiations and documents collateral, oral or
otherwise between them relating to its subject matter:
1.1.1 These Articles of Agreement; and
1.1.2 Schedule A – entitled “Apprenticeship Registration
Form”.
2.0 Interpretation
2.1 Unless the context requires otherwise, the expressions
listed below have the following meanings for the purpose of this Agreement:
“Apprenticeship Grant”means the grant paid to the Recipient under this
Agreement for the purpose of hiring an Indigenous women and/or 2SLGBTQ person
to undertake a new, first-year apprenticeship in a Red Seal Program
Construction and Manufacturing trade.
“Apprenticeship Period” means the period beginning on the Apprenticeship Start
Date specified in Schedule A and ending on the Apprenticeship End Date
specified in Schedule A;
“Construction and Manufacturing Trades” means the trades listed in clause 4.1
of this Agreement;
“Eligible Apprentice” means an Indigenous women and/or 2SLGBTQIA+ person who
is a registered user on the NAP Portal and who meets the requirements to
undertake a new, first year apprenticeship in one or more of the
construction and/or manufacturing Red Seal trades;
“Fiscal Year” means the period commencing on April 1 in one calendar year and
ending on March 31 in the next calendar year;
“New First Year Apprentice” means any person registered as an apprentice by
the apprenticeship authority in their Province or Territory and in their first
year of their apprenticeship training in one or more of the 39 Red Seal Trades
listed in clause 4.1 of this Agreement.
“Small and Medium-sized Enterprise”means a business establishment with 499
paid employees or less at the time it receives funding under this Agreement.
3.0 Effective Date and Survival of Provisions
3.1 This Agreement shall come into effect on the date it is
signed by the last of the Parties to do so and, subject to clause 3.2, shall
expire at the end of the Apprenticeship Period unless this Agreement is
terminated on a prior date in accordance with the terms of this Agreement.
3.2 The following provisions which are expressly identified
as surviving this Agreement shall survive the expiry of this Agreement and
shall continue in full force and Effect:
3.2.1 Clause 9, Records;
3.2.2 Clause 10, Audit;
3.2.3 Clause 12, Evaluation;
3.2.4 Clause 15, Indemnification; and
3.2.5 Clause 20, Dispute Resolution
3.2.6 Clause 22, Enurement.
4.0 Purpose of the Grant
4.1 The purpose of the Apprenticeship Grant is to enable the
Recipient to hire an Indigenous women and/or 2SLGBTQIA+ person to undertake a
new, first-year apprenticeship in one or more of the following
Red Seal Construction and/or Manufacturing trade:
CONSTRUCTION |
MANUFACTURING |
Boilermaker |
Boilermaker |
Sheet Metal Worker |
Sheet Metal Worker |
Welder |
Welder |
Steamfitter/Pipefitter |
Steamfitter/Pipefitter |
Refrigeration and AC Mechanic |
Refrigeration and AC Mechanic |
Construction Electrician |
Cabinetmaker |
Plumber |
Instrumentation and Control Technician |
Painter and Decorator |
Machinist |
Landscape Horticulturist |
Tool and Die Maker |
Roofer |
Metal Fabricator (Fitter) |
Lather (Interior Systems Mechanic) |
Industrial Electrician |
Glazier |
Industrial Mechanic (Millwright) |
Sprinkler Fitter |
|
Insulator (Heat and Frost) |
|
Gasfitter A |
|
Gasfitter B |
|
HEO Dozer |
|
HEO Excavator |
|
HEO TLB |
|
Mobile Crane Operator |
|
Construction Craft Worker |
|
Drywall Finisher and Plasterer |
|
Concrete Finisher |
|
Tilesetter |
|
Floorcovering Installer |
|
Tower Crane Operator |
|
Powerline Technician |
|
Carpenter |
|
Bricklayer |
|
Ironworker Generalist |
|
Ironworker Reinforcing |
|
Ironworker S/O |
|
5.0 Payment of the Grant
5.1 Subject to the terms and conditions of this Agreement,
NWAC agrees to pay to the Recipient a grant of $10,000 upon the hiring of an
Eligible Apprentice and the submission of a duly completed Schedule A
with required attachments and the payment of said grant shall be made in
accordance with the disbursements as set out in Schedule A.
5.2 Where the Recipient hires more than one Eligible
Apprentice, the Recipient may submit up to a maximum of two (2) Apprenticeship
Registration Forms in a Fiscal Year pursuant to clause 5.1 of this
Agreement and the total amount payable by NWAC to the Recipient under this
Agreement shall not exceed $20,000.
6.0 Contingent Upon Availability
6.1 Any payment under this Agreement is contingent upon
funding being made available by the Government of Canada to NWAC under the
Apprenticeship Service Program for the Fiscal Year in which the payment
is to me made.
7.0 Reduction or Termination of Funding
7.1 If the Government of Canada reduces its funding to NWAC
under the Apprenticeship Service Program or the Contribution Agreement between
the Government of Canada and NWAC under the Apprenticeship Service
Program is terminated, NWAC may, upon thirty (20) days notice, reduce
any payment under this Agreement or terminate this Agreement.
8.0 Recipient Declarations
8.1 The Recipient
8.1.1 Declares that it is a Small or Medium-Sized Enterprise
in that it does not employ more than 499 paid employees;
8.1.2 Declares that any and all Apprentices Registration
Forms submitted by it to NWAC under this Agreement shall be for only New
First-year Apprentices in one or more of the 39 Construction and Manufacturing
Trades and that the Recipient has not yet hired the individual or individuals
with respect to whom it intends to submit an Apprenticeship Registration
Form(s);
8.1.3 Agrees that it shall not enter into another agreement
with any organization other than NWAC to receive funding under the
Apprenticeship Service Program within the same Fiscal Year that it receives
funding from NWAC under this Agreement;
8.1.4 Affirms that it has the legal and technical
qualifications to enter into an apprenticeship training agreement with an
apprentice that can be registered with the Provincial or Territorial
apprenticeship authority; and
8.1.5 Acknowledges that it shall not be entitled to receive
payment of the Apprenticeship Grant from NWAC unless and until
8.1.5.1 This Agreement is duly completed and executed,
8.1.5.2 The Recipient has hired an Eligible Apprentice to
undertake a new first-year apprenticeship in one or more of the 39
Construction and Manufacturing Trades, and
8.1.5.3 The Recipient has duly completed and submitted an
Apprenticeship Registration Form (Schedule A), and attached the necessary
supporting documents, including the registered apprenticeship training
agreement between the apprentice and the Recipient that has been registered
with the Provincial or Territorial apprenticeship authority.
9.0 Records
9.1 The Recipient shall keep proper books and records of the
grant received under this agreement an of all expenditures made using the
grant.
9.2 The Recipient shall retain the books and records referred
to in clause 9.1 for a period of three (3) years following the Project Period.
10.0 Audit
10.1 At the request of NWAC and/or the Government of Canada,
the Recipient shall permit reasonable access to its files, books, records,
business premises, business sites and personnel by representatives of NWAC
and/or the Government of Canada during the period of the Agreement or during
the period referred to in clause 9.2 for the purpose of verifying the use of
the grant and compliance with the terms and conditions of this Agreement. The
Recipient shall permit representatives of NWAC and/or the Government of Canada
to take copies and extracts from such books and records. The Recipient shall
also provide NWAC and/or the Government of Canada with such additional
information as they may require with reference to such books and records.
11.0 Reporting
11.1 During the Apprenticeship Period, the Recipient shall
complete and submit to NWAC using the NAP Portal, a Quarterly Report as set
out in Schedule B: Quarterly Report Form of this Agreement.
12.0 Evaluation
12.1 The Recipient agrees to cooperate with NWAC in the
conduct of any evaluation of the National Apprenticeship Program that NWAC may
carry out during the Apprenticeship Period or within a period of three (3)
years thereafter. Without limiting the generality of the foregoing, if
requested by NWAC to do so for the purpose of conducting an evaluation, the
Recipient agrees to participate in any survey, interview, case study or other
data collection exercise initiated by NWAC.
13.0 Termination of Agreement
13.1 Termination for Default
13.1.1 The following constitute events of default:
13.1.1.1 the Recipient becomes bankrupt, has a receiving
order made against it, makes an assignment for the benefit of creditors, takes
the benefit of a statute relating to bankrupt or insolvent debtors or an order
is made or resolution passed for the winding up of the Recipient;
13.1.1.2 the Recipient ceases to operate;
13.1.1.3 the Recipient is in breach of the performance of, or
compliance with, any provision of this Agreement;
13.1.1.4 the Recipient, in support of its application for
funding or in connection with this Agreement, has made materially false or
misleading representations, statements or declarations, or provided materially
false or misleading information to NWAC; or
13.1.1.5 in the opinion of NWAC, there is a material adverse
change in risk in the Recipient’s ability to complete its obligations under
this Agreement.
13.1.2 If
13.1.2.1 An event of default specified in clause 13.1.1.1 or
13.1.1.2 occurs; or
13.1.2.2 an Event of Default specified in paragraphs
13.1.1.3, 13.1.1.4, or 13.1.1.5 occurs and has not been remedied within thirty
(30) days of receipt by the Recipient of written notice of default or within
such longer period as NWAC may specify, or a plan satisfactory to NWAC to
remedy such event of default has not been put into place within such time
period,
NWAC may, in addition to any remedies otherwise available, immediately
terminate the Agreement by written notice.
13.1.3 The fact that NWAC 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 NWAC shall
not prevent NWAC in any way from later exercising any other right or remedy
under this Agreement or other applicable law.
13.2 NWAC may also terminate this Agreement at any time
without cause upon not less than thirty (30) days written notice of intention
to terminate.
14.0 Repayment Requirements
14.1 The Recipient shall repay to NWAC the amount of any
funding provided to which it is not entitled.
14.2 If NWAC demands the repayment of any part of any funding
pursuant to clause 14.1, the amount demanded shall be deemed to be a debt due
and owing to NWAC and the Recipient shall pay the amount to NWAC immediately
unless NWAC directs otherwise.
14.3 Interest shall be charged on overdue repayments owing
under this Agreement and shall be calculated and compounded monthly at the
“average bank rate” as defined in Interest and Administrative Charges
Regulations (SOR/96-188), 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 NWAC.
15.0 Indemnification
15.1 The Recipient shall, both during and following the
Apprenticeship Period, indemnify and save NWAC 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 Recipient or its employees or agents
in connection with anything purported to be or required to be provided by or
done by the Recipient pursuant to this Agreement or done otherwise in
connection with this Agreement.
16.0 Relationship between the Parties and Non-Liability of
NWAC
16.1 The management and supervision of the apprenticeship(s)
supported under this agreement are the sole and absolute responsibility of the
Recipient. The Recipient is not in any way authorized to make a promise,
agreement or contract on behalf of NWAC. This Agreement is a funding agreement
only, not a contract for services or a contract of service. NWAC’s
responsibility is limited to providing financial assistance to the
Recipient in support of the Project. The parties hereto declare that nothing
in this Agreement shall be construed as creating a partnership, an employer-
employee, or agency relationship between them. The Recipient shall not
represent itself as an agent, employee or partner of NWAC.
16.2 Nothing in this Agreement creates any undertaking,
commitment or obligation by NWAC respecting additional or future funding
to the Recipient beyond the Apprenticeship Period, or that exceeds the
amount of funding from NWAC under this Agreement. NWAC shall not be liable for
any loan, capital lease or other long-term obligation which the Recipient may
enter into in relation to carrying out its responsibilities under this
Agreement or for any obligation incurred by the Recipient toward another party
in relation to this Agreement.
17.0 Recognition of the Contribution of NWAC and the Government of
Canada
17.1 The Recipient shall ensure that in any and all publicity
and signage created by it relating to this Agreement, appropriate recognition
of the contribution of NWAC and the Government of Canada is given, including
any information provided to the public on any website maintained by the
Recipient, if any.
18.0 Access to Information
18.1 The Recipient acknowledges that the funding provided
under this Agreement is distributed through the Government of Canada’s
Apprenticeship Service Program, that Canada is subject to the Access to
Information Act (R.S.C., 1985, c. A-1), and information obtained by the
Government of Canada pertaining to this Agreement may be disclosed by the
Government of Canada to the public upon request under that Act.
19.0 Notices
19.1 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 to the receiving party as follows:
NWAC
Mailing Address : 120 Promenade du Portage, Gatineau, QC J8X 2K1
Email : nap-pna@nwac.ca
Recipient
[Representative]
[Position]
Mailing Address: [Mailing Address]
Email: [email address]
19.2 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 fax
or email, one (1) working day after they are sent.
20.0 Dispute Resolution
20.1 In the event of a dispute arising under the terms of
this Agreement, the Parties agree to make a good faith attempt to settle the
dispute. In the event that the Parties are unable to resolve the dispute
through negotiation, they agree to give good faith consideration to resorting
to other alternate dispute resolution processes to resolve the dispute.
However, the Parties agree that nothing contained in this section shall
affect, alter or modify the rights of either Party to terminate the Agreement.
20.2 If a dispute arises out of, or in connection with this
agreement, the parties shall first seek to resolve the dispute via good faith
discussions between the parties’ representatives.
20.3 The parties have twenty (20) business days from the
date on which a party notifies the other party of the dispute to resolve the
dispute. The parties may agree to an extension of this twenty (20) business
day period. The Agreement shall be in writing and signed by a representative
of each of the parties.
20.4 f the parties are not able to resolve the dispute within
the time specified in clause 20.3 of this Agreement, the parties agree to
mediate the dispute.
20.5 The parties have forty (40) business days starting on
the date they agree to proceed to mediation to complete the mediation. The
parties may agree to an extension of this forty (40) business day period. The
Agreement shall be in writing and signed by a representative of each of the
parties.
20.6 If the parties are not able to resolve a dispute via
mediation in the time specified in clause 20.5 of this Agreement, the
parties agree to arbitrate the dispute.
20.7 The provisions of this clause 20 survive the termination
of this agreement and remain in full force and effect.
21.0 Assignment of the Agreement
21.1 The Recipient shall not assign this Agreement or any
pert thereof without the prior written consent of NWAC.
22.0 Enurement
22.1 This Agreement is binding upon and enures to the benefit
of the parties and their respective successors, successors-in-title, and
permitted assigns.
23.0 Compliance with Laws
23.1 The Recipient shall carry out its obligations under this
Agreement in compliance with all applicable federal, provincial, and municipal
laws, by-laws, and regulations, including any environmental legislation and
any legislation regarding protection of information and privacy. The Recipient
shall obtain, prior to the commencement of the Apprenticeship(s) funded under
this Agreement, all permits, licenses, and other authorizations that are
necessary to the carrying out of the apprenticeship(s).
24.0 Severability
24.1 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 unaffected and each remaining provision of this Agreement
shall be valid and be enforceable to the fullest extent permissible by law.
25.0 Waiver
25.1 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.
26.0 Amendment
26.1 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 the parties.
27.0 Unincorporated Association
27.1 If the Recipient is an unincorporated association, it is
understood and agreed by the persons signing this Agreement on behalf of the
Recipient that in addition to signing this Agreement in their representative
capacities on behalf of the members of the Recipient, they shall be
personally, jointly and severally liable for the obligations of the Recipient
under this Agreement, including the obligation to pay any debt that may become
owing to Canada under this Agreement.
28.0 Counterparts
28.1 This Agreement may be executed in counterparts,
each of which shall be deemed an original but both of which taken together
shall constitute one and the same agreement. The exchange of copies of this
Agreement and of signature pages by facsimile or electronic transmission shall
constitute effective execution and delivery of this Agreement as to the
parties and may be used in lieu of the original Agreement for all purposes.
Signatures of the parties transmitted by facsimile or electronic transmission
shall be deemed to be their original signatures for all purposes.
29.0 Independent Legal Advice
29.1 The Parties acknowledge and agree that they have been
given full opportunity to seek independent legal advice and if they chose to
avail themselves of said opportunity, had independent legal advice to the full
extent deemed necessary by each of them, and that they have not acted under
any duress or undue influence in the negotiating, preparation and execution of
this Agreement.