BETWEEN: The Employer
AND:
The Mining Industry Human Resources Council (MiHR)
50 Frank Nighbor Place, Unit 105
Kanata, ON K2V 1B9
Tel 613.270.9696
(hereinafter referred to as “MiHR”)
WHEREAS both parties desire to enter into an agreement to support employment opportunities through paid work-integrated learning opportunities for post-secondary students to gain work experiences in the mining sector;
AND WHEREAS the overall objective of the paid work-integrated learning opportunities is to provide post-secondary students with relevant and meaningful work experiences and mentorships in the mining sector related to science, technology, engineering, math and business that contribute to their graduation requirements;
AND WHEREAS the key outcomes from these paid work-integrated learning opportunities will be that youth acquire career-related work experience enhancing their future ability to participate in the mining labour market.
1.0 DEFINITIONS
“MiHR” is the agreement holder with the Government of Canada (Employment and Social Development Canada) and is accountable for the terms and conditions under the contribution agreement that provides funding to support the work-integrated learning opportunity under this agreement.
“Canada” refers to the Government of Canada (Employment and Social Development Canada).
“Employer” refers to a registered Canadian business or organization, or post-secondary education institution; financially capable to hire a student for a part- or full-time work term, pay them consistently and provide a meaningful work experience.
“Net New” refers to the need for placements to be ‘new’ to employers and is determined by subtracting the number of students hired by an employer in the fiscal year prior to first participating in the SWP Program, from the number of students the employer is intending to hire in the current fiscal year.
“Work-integrated learning” refers to a continuum of learning opportunities ranging from structured work experience to instances where the Employer engages directly with the post-secondary education (PSE) institution to address a particular challenge. It can include co-op placements, internships, field placements or applied/capstone projects or case competitions to solve particular challenges for employers.
“Student”:
• Are registered as a student in PSE institutions.
• Are Canadian citizens, permanent residents, or persons to whom refugee protection has been conferred under the Immigration and Refugee Protection Act.
• Are legally entitled to work in Canada in accordance with relevant provincial or territorial legislation and regulations.
“Participant” refers to the student employed by the employer for the work-integrated learning opportunity.
“Under-represented groups”:
• “Women in STEM” refers to women registered and studying in science, technology, engineering and mathematics (STEM) fields.
• “Indigenous peoples” refers to people who identify with at least one Indigenous group, that is, First Nations, Métis or Inuit, and/or those who reported being a Treaty Indian or a Registered Indian as defined by the Indian Act of Canada, and/or those who reported they were members of an Indian band or First Nation.
• “Person with disabilities” refers to an individual who has difficulty or impairment due to a long-
term health condition and/or experiences a limitation in their daily activities.
• “Recent immigrant” refers to immigrants who immigrated to Canada within the last five years.
• “First year student” refers to students registered in the first year of the program at a PSE institution.
• “Visible minority”, as defined by the Employment Equity Act, refers to "persons, other than Indigenous peoples, who are non-Caucasian in race or non-white in colour" and consists mainly of the following groups: South Asian, Chinese, Black, Filipino, Latin American, Arab, Southeast Asian, West Asian, Korean and Japanese.
“Compensation” refers to the remuneration paid to the participant during the term of their work- integrated learning opportunity including salary, Mandatory Employment Related Costs (MERC) and benefits. This is reflected in books, records and supporting documents relating to the work-integrated learning opportunity.
“In-kind contribution” refers to a cash-equivalent contribution in the form of a useful and valuable good, service, or other support provided to the activities under the agreement, for which no cash is directly attributable to the work-integrated learning opportunity and would have to be purchased on the open market or through negotiations with a provider, if it were not provided.
2.0 PROJECT SCHEDULE
See the attached Appendix A - Employer Work-Integrated Learning Opportunity Costs. This budget for the work-integrated learning opportunity costs should include:
1) The anticipated total participant salary compensation per participant.
2) The Gearing Up wage subsidy compensation to be contributed through this agreement (Government of Canada funding).
3) The total employer salary compensation to be contributed by the Employer.
4) The amount of compensation to be contributed by any other external source and the source which may include mandatory compensation and participant expenses paid for by employer.
5) The anticipated total compensation funding provided by a government in addition to that provided under this agreement (if any).
Appendix B – Description of approved work-integrated learning opportunity and work term and payment schedule.
The Employer agrees to:
1. Provide a paid work-integrated learning opportunity to post-secondary students in STEM (Science, Technology, Engineering, and Mathematics) or Business programs.
2. Engage student(s) as an employee(s) throughout the work-integrated learning opportunity. (Contracted work renders the placement ineligible.)
3. Ensure the work-integrated learning opportunity provides relevant and meaningful work experience in the mining sector under the supervision of experienced staff who act as mentor(s) throughout the work-integrated learning opportunity.
4. Promote, recruit, hire and train an eligible participant for this work-integrated learning opportunity.
5. Demonstrate that the appropriate evaluation criteria have been put in place as part of the selection process for the participant.
6. Administer participant wages and seek reimbursement from MiHR through documentation of meeting all the terms and conditions of this agreement.
7. Contribute at least 25% towards the participant’s wages (note: this must come from other non- federal government sources).
8. Ensure that both the immediate supervisor and the participant complete MiHR’s “Gender Equity in Mining Works” online training prior to completing the work-integrated learning opportunity.
9. Ensure that both the immediate supervisor and the participant complete MiHR’s online “Intercultural Awareness Training” prior to completing the work-integrated learning opportunity.
10. Ensure that both the immediate supervisor and the participant complete MiHR’s online “Indigenous Awareness Training” prior to completing the work-integrated learning opportunity.
11. Ensure that they complete all necessary paperwork provided by MiHR as well as ensure that the participant completes all necessary paperwork provided by MiHR.
12. Ensure the participant’s supervisor completes a performance evaluation at the end of the work-integrated learning opportunity.
13. Ensure that both the participant and their supervisor complete a post-work-integrated learning evaluation survey using the template provided by MiHR.
14. Undertake reasonable efforts to secure written consent from participants to participate in any survey, interview, case study or other data collection exercise.
3.0 PARTICIPANT PLACEMENT RESTRICTIONS
1. The Employer shall ensure that a participant, when placed with an Employer for work experience or skills enhancement, is provided with all relevant information concerning health and safety standards and regulations regarding their work environment and about any safety equipment required for work.
2. The Employer shall ensure that no participant is recruited and placed to:
i. Fill a position left vacant due to an industrial dispute at the Employer’s premises.
ii. Fill a position of a worker that has been laid-off by the Employer and is awaiting recall.
iii. Fill a position to displace another worker employed by the Employer.
3. The employer shall ensure that a participant meets the definition of net new.
4.0 PARTICIPANT ELIGIBILITY CRITERIA
The Employer ensures that participants meet the following eligibility requirements:
• Are currently enrolled in a science, technology, engineering, mathematics and/or business program at a Canadian post-secondary institution.
• Are Canadian citizens, permanent residents or persons granted refugee status in Canada.
• Are legally permitted to work in Canada according to relevant provincial, territorial, and Canadian regulations.
***International students are not eligible for the Gearing Up wage subsidy program.***
REPORTING
The Employer agrees to:
1. Report to MiHR any government funding received for the work-integrated learning opportunity.
a) Provide MiHR with the post-work-integrated learning opportunity survey.
b) Legal name of the Employer.
c) Name and contact information for the person responsible for this agreement at the Employer’s company.
d) Placement(s) title and short description(s).
e) Name(s) of the participant.
f) Completed participant information form (to be supplied by MiHR).
g) A narrative to describe how the work-integrated learning opportunity activities have contributed to the achievement of the objectives, the benefits and key performance indicators of the project described in Appendix B.
h) ‘In-kind’ contributions under this agreement.
2. The Employer shall ensure that the participant understands that MiHR will provide all reports and information related to the paid work-integrated learning opportunities to Employment and Social Development Canada (ESDC) for promotional and/or publication purposes. Note: The Employer and the participant have the right to indicate in the survey, their refusal for reproduction of any comments.
TERMS OF PAYMENT
The Employer agrees to administer the participant compensation (salary and applicable MERCs and benefits).
An Employer is eligible to seek reimbursement of participant compensation up to a maximum amount of
$7,500, representing 75% of a participant’s compensation.
The terms of payment are outlined in Appendix B. The funds received by the Employer under this agreement shall be used solely to compensate participants employed by the Employer under this agreement and for no other purposes, including but not limited to the acquisition of goods.
At the end of the work-integrated learning opportunity period, the Employer must provide MiHR with the following supporting documentation:
1) The compensation, applicable MERC’s and benefits paid to the participant.
2) The period of the work-integrated learning opportunity for which reimbursement is being sought.
3) The matching funds contributed by the Employer.
Both parties acknowledge and agree that MiHR in their sole and absolute discretion may require that the Employer provide additional supporting documentation to support the invoice, upon notice.
Within 10 business days of receipt of an invoice, MiHR shall approve, amend or reject the invoice and advise the Employer promptly in writing of any dispute MiHR has with the invoice. No payment to the Employer will be made until the invoice has been approved by MiHR.
MiHR shall have the right to hold back or set-off part of any payment if, in the opinion of MiHR acting reasonably, the Employer has failed to comply with the requirements of the Agreement.
DOCUMENTATION AND AUDITING
Prior to the completion date of the project and for six (6) years following, the Employer agrees to:
1. Retain books, records and supporting documents relating to the work-integrated learning opportunity compensation (the “Compensation”).
2. Allow MiHR access to all books, records and supporting documentation for the purposes of auditing and evaluating the “Compensation”.
3. Grant to MiHR permission to share with the Government of Canada the books and records related to the “Compensation” for accounting, reporting and auditing and program evaluation.
4. Grant representatives of the Government of Canada access to the project site or business premises and all compensation-related books and records for periodic financial and activity monitoring reviews.
RELATIONSHIP BETWEEN THE PARTIES
The Employer agrees that it shall be acting as an independent party and shall not be considered or deemed to be an agent, partner, employee or joint venture of MiHR.
CHANGE ORDERS
The Employer agrees to advise MiHR of any changes to the work-integrated learning opportunity. When advised of a change, MiHR has the right to accept, reject or negotiate change orders. Upon the signed acceptance of such change order, the Employer shall perform the change order as if the services therein had appeared in and had been part of the Agreement.
DEFAULT
The following events constitute a default:
I. Early termination of the work-integrated learning opportunity, initiated either by the Employer or the participant.
II. If in the opinion of MiHR, acting reasonably, a material adverse change in risk affecting the fulfilment of the terms and conditions of the agreement has occurred.
III. The Employer becomes insolvent or is adjudged or declared bankrupt or goes into receivership or takes the benefit of any statue from time to time in force relating to bankrupt or insolvent debtors or if an order is made which is not being contested or appealed by the Employer or a resolution is passed for the winding up of the Employer or it is dissolved.
REMEDIES
Upon the occurrence of an event of default by the Employer, MiHR may terminate this agreement by giving written notice to the Employer without prejudice to the rights of the Employer to sue for damages. In the event of default MiHR and the Employer shall reconcile and pro-rate outstanding funding owing either to the Employer or to MiHR.
INSURANCE
The Employer shall maintain during the project period, appropriate comprehensive general liability insurance to cover claims for bodily injury or property damage resulting from anything done or omitted by the participants or its employees carrying out the project.
CONFIDENTIALITY
Both parties agree to ensure to that appropriate procedures are followed to maintain the confidentiality and security of all confidential information associated with this agreement.
DISPUTE RESOLUTION
If a dispute arises under this agreement, the parties will attempt to resolve the matter through good faith negotiation and may, if necessary, and the Parties consent in writing, resolve the matter through mediation by a mutually acceptable mediator. The cost of the mediation and fees to the mediator shall be borne equally by both parties.
PROMOTION RESTRICTIONS
The Employer shall not at any time directly or indirectly communicate with the media in relation to this agreement unless it has first obtained MiHR’s written authorization to do so.
Any publicity or publications related to this agreement shall be at the sole discretion of MiHR. MiHR may, in its sole discretion, acknowledge the participation of the Employer in any such publicity or publication. The Employer shall not publicize, promote, or make use of its association with MiHR without the prior written consent of MiHR, which shall not be unreasonably withheld.
ACKNOWLEDGMENT
The Employer shall acknowledge the financial support of the Government of Canada in all public information produced as a result of this agreement.
INDEMNIFICATION
Both parties agree to indemnify each other and its officers for all losses, damages, costs, expenses, claims, demands, actions, suits or other proceedings of every nature and kind arising from or in consequence of the performance of this agreement, provided such losses damages, costs, expenses, claims, demands, actions, suits or proceedings arise without negligence on the part of either party or its officers or employees, and whether such actions, suits or proceedings are brought in the name of either party.
Both parties agree that neither the Government of Canada, nor its employees, officers and agents, will have any liability in respect of claims of any nature, including claims for injury or damages, made by any person involved in the activities of the Project or as a result of or arising out of the Agreement, and will indemnify and save harmless Government of Canada, its employees, officers and agents, in respect of such claims.
ASSIGNMENT
The Employer shall not assign its interest, in whole or in part, in this agreement without written approval by MiHR, which approval in in MiHR’s sole discretion.
ENTIRE AGREEMENT
This agreement and the schedules attached to this agreement constitute the entire agreement between the parties. The agreement supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, of the parties.
APPROPRIATION
The payment of monies by the Government of Canada to MiHR available under this Agreement is subject to there being an appropriation by Parliament for the fiscal year in which the payment of monies is to be made.
Notwithstanding any other provision of this Agreement, the Government of Canada may reduce or cancel the contribution upon written notice to MiHR in the event that the funding levels for Employment and Social Development Canada are changed by Parliament during the term of this Agreement. In the event that the Government of Canada reduces or cancels the Contribution, the parties agree to amend the project and the eligible expenditures, under this agreement, to take into account the reduction or cancellation of the contribution.
NOTICES
COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed an original but both of which taken together shall constitute one of the same agreements. 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.
Gearing Up