This is an agreement between
the Minister of Justice, representing Her Majesty the Queen in right of Canada, called "the Minister" in this agreement
and
, called "the Recipient" in this agreement. |
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| A. |
Purpose of agreement and expected results |
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A.1 |
The purpose of this agreement is to set out the terms under the Victims Fund which the Minister will provide funding to the Recipient under the Victims Fund to cover some of the costs of a project to |
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| B. |
Effective date and duration of agreement |
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B.1 |
The agreement shall be for the period from to and shall be effective once signed by all parties. |
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Recipient's work and funding commitments |
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| C. |
Work plan and reporting requirements |
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C.1 |
The Recipient, , has proposed to do the following and now agrees to do so:
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C.2 |
The Recipient agrees to provide the Minister with three hard copies and one copy on diskette in MS-Word or other compatible IBM format of . |
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C.3 |
In addition, the Recipient agrees to provide the Minister with a duly completed copy of the project report enclosed with this agreement. |
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| D. |
Work commitments |
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D.1 |
The Recipient agrees to do this project work as described in its final proposal dated . The Recipient will manage the project, and will not assign, delegate or subcontract the responsibility or management of the work funded under this agreement to any organization or individual, except as noted in this agreement, without the Minister's written permission. |
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| E. |
Financial management |
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E.1 |
The Recipient will be responsible for the administration of the funds received. The Recipient understands that it will receive from the Minister no more than the budget amount specified in section G of this Agreement, and agrees that these funds are to be used only to cover the project expenses in the attached budget and incurred between and . |
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E.2 |
The Recipient's project budget, which sets out the allowable costs or the classes of expenditures eligible for reimbursement, is attached as Appendix "A". The Recipient agrees to inform the Minister of any changes to the approved budget within 15 days of the change. (Insert project budget as Appendix “A”) |
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E.3 |
This budget does not include any portion of the Goods and Services Tax (GST) or the Harmonized Sales Tax (HST) that Canada Customs and Revenue Agency will rebate to the Recipient. All GST or HST taxes recovered or receivable will not be included with the individual budget items in the Recipient's final statement of accounts. |
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E.4 |
The maximum rate that the Recipient can claim for travel expenses is the federal government-approved rates for the province or territory in which the travel takes place. The rates are attached as Appendix "B". |
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E.5 |
The Recipient may transfer funds between categories of expenditures in Appendix "A". However, the Recipient may not increase the budget in any category of expenditure by more than 20% without the Minister's written permission to do so before making the transfer. |
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| F. |
Financial reporting requirements |
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F.1 |
During the project, the Recipient agrees to submit interim and final statements of project revenues and expenditures, detailing all project revenues received and expenses incurred. The Recipient will include all supporting documents required under this agreement, namely:
- an interim financial statement on . |
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F.2 |
Within 15 days of the completion of the project on , the Recipient agrees to submit a draft of a final statement of project revenues and expenditures. |
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F.3 |
Within three months of the completion of the project on , the Recipient agrees to submit a final statement of project revenues and expenditures (PA-1) accompanied by: |
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originals or copies of invoices, receipts and vouchers, |
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OR |
(Select one appropriate option from the three below. Delete the 2 not chosen.) |
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a statement of Disposition of Federal Contribution funds (PA-5) certified by an independent Chartered Accountant, Certified General Accountant or Certified Management Accountant, (For non-profit organizations) |
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a statement of Disposition of Federal Contribution funds (PA-5) certified by the Recipient's Director of Finance (For government bodies, universities, school boards), |
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OR |
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an audited financial statement using generally accepted accounting and auditing principles for all revenues received and expenses incurred for the project during the period funded by the Minister. |
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The Minister's funding commitments |
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| G. |
Financial contribution |
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G.1 |
The Minister will only issue payments under this agreement if the Department of Justice receives money from Parliament for the fiscal year in which any payment is to be made. If payments can not be made either in full or in part because the money is not received from Parliament, the Minister will notify the Recipient as soon as possible whether any payment can be made. |
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G.2 |
The Minister reserves the right to choose which project expenses will be funded. For your project, the Minister will pay the lesser of these two amounts: |
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the amount of projected costs approved by the Minister in particular budget categories, as indicated in Appendix "A" |
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OR |
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the amount of the project deficit
up to a maximum of $ in fiscal year .
(For multi-year agreements, insert additional clauses from the Guide.) |
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| H. |
Payments |
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(For information on advance payments, see the Guide. If there will be no progress payments, delete H1, and renumbering will be done automatically. See the Guide for details.) |
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H.1 |
The Minister agrees to make progress payments to the Recipient, up to a maximum of (80% of the total contribution) in accordance with the schedule of payments provided in subsection F.1. Progress payments will be made after the Minister receives any interim reporting or accounting materials required by this agreement and receives and approves the Recipient's interim statement of accounts. |
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H.2 |
The Minister agrees to make a final payment (remainder of the total contribution) to the Recipient after receiving all the material required by this agreement and approving a final statement of accounts for the project. |
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Recipient's other commitments |
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| I. |
No employee or agency relationship |
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I.1 |
Neither the Recipient, nor anyone else who is asked by the Recipient to help with this project are employees of the Minister. The Recipient also understands that this agreement does not make it a partner of the Department of Justice or an agent of the Department of Justice. The Recipient agrees not to represent itself, including in any agreement with a third party, as a partner or agent of the Crown. |
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| J. |
Conflict of interest |
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J.1 |
The Recipient will not allow any Member of the House of Commons or Senate to be involved with or benefit from any part of this agreement. |
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J.2 |
The Recipient does not employ, appoint or have on its Board of Directors a member of the immediate family of the Minister of Justice--the Minister's spouse, parents, children, brothers and sisters--or the immediate family of the Minister's spouse; or the immediate family of any other Minister or party colleagues in the House of Commons and the Senate. |
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J.3 |
The Recipient agrees that no current or former public office holder or public servant who is not in compliance with the Conflict of Interest and Post-Employment Code for Public Office Holders or the Conflict of Interest and Post-Employment Code for the Public Service shall derive any direct benefit from this agreement. Furthermore, the Recipient agrees to disclose to the Minister's representative in writing before this agreement is signed any real, apparent or potential conflict of interest that could have a direct impact on the award of these funds to the Recipient. |
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J.4 |
The Recipient agrees that any person lobbying on behalf of the Recipient is registered in accordance with the federal Lobbyists Registration Act. |
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| K. |
Record and accounts |
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K.1 |
The Justice Partnership and Innovation Program undergoes an extensive evaluation every five years. Your project information will be held on file after your project's completion and will be included as part of this evaluation. In the event that your project is chosen for follow-up, you may be contacted to verify that your contact information has not changed and to request your participation in the evaluation. |
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K.2 |
The Recipient agrees to keep all financial accounts for the project for three years after the date that the project funding ends. The Recipient will make financial records available to the Minister, or to the Minister's auditors, upon request. |
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K.3 |
The Recipient agrees, for evaluation purposes, to keep all project records for the project for five years after the date that the project funding ends. The Recipient will make project records available to the Minister, or to the Minister's evaluators, upon request. |
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| L. |
Surplus/Overpayments |
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L.1 |
Subject to subsection L.2, the Recipient agrees to repay any surplus of funds or overpayments of money received from the Minister. If a project expenditure is disallowed or any surplus or overpayment occurs, the Recipient will return the money to the Minister as a debt owing to Her Majesty in Right of Canada by writing a cheque payable to the Receiver General of Canada. Any interest owing on this debt is calculated from the date of the overpayment or the date the amount became repayable. |
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L.2 |
If this agreement is terminated, the Recipient agrees to repay to the Minister immediately all or any part of the contribution it received, if asked to do so. |
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L.3 |
The Recipient agrees to declare any sources of funding, or proposed sources of funding, in addition to the funds received under this agreement, immediately before the signing of this agreement, or within 10 days of the signing of this agreement, and upon completion of the project before the final payment is made. |
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L.4 |
The Recipient agrees that the Minister can claim from the Recipient an amount owing to Her Majesty in Right of Canada under this agreement as an overpayment, unexpended balance, surplus or an expense which the Minister has disallowed, and that this amount is a debt owing to Her Majesty in Right of Canada. The Recipient agrees that the Minister may recover this debt by deducting it from any other amount that the Receiver General of Canada may owe to the Recipient now or in the future. |
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L.5 |
The Recipient agrees to declare in writing, before signing this agreement, whether it owes any money to the federal government under legislation or other contribution agreements and the Recipient accepts that any money due to the Recipient may be withheld from payment and applied against any money owing by the Recipient to the federal government. If the Recipient owes money to the federal government, the Recipient confirms that the Minister has been informed accordingly.
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| M. |
Contingency fees |
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M.1 |
The Recipient has not paid and will not pay or agree to pay a contingency fee to any person or organization for soliciting, negotiating or obtaining this Agreement. |
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M.2 |
It is acceptable if the Recipient has an employee whose regular duties involve soliciting, negotiating or obtaining agreements of this type. If that is the case, the Recipient will include the accounts and records of any payments to that employee in the final statement of account for the project and in the records made available to the auditor. |
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| N. |
Acknowledgement |
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N.1 |
The Recipient agrees to acknowledge the financial contribution of "Justice Canada" in any appropriate public announcement concerning the project or this agreement, or in any materials produced as a result of the project. |
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| O. |
Confidentiality Clause |
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O.1 |
If the Recipient becomes aware of any information that the Minister indicates is confidential, it will be treated as confidential by the Recipient, during and after the period of this agreement. The Recipient also agrees to uphold any security commitments that it makes to the Minister. |
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| P. |
Official Languages Act |
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(If this paragraph is taken out, the other following paragraphs will be renumbered automatically) |
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P.1 |
The Recipient recognizes it is responsible for activities, projects or programs national in scope and involving service to the public. Therefore the Recipient agrees to respect the spirit and intent of the Official Languages Act when providing services to the public as part of this Project Funding Agreement. |
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| Q. |
Disposition of Assets |
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Q.1 |
The Recipient agrees to dispose of any assets acquired from funds received under this agreement in accordance with instructions received from the Minister's representative, which may include returning the assets to the Department of Justice or disposing the assets in accordance with the Surplus Crown Assets Act. |
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| R. |
Indemnification |
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R.1 |
The Recipient agrees to insure the Crown against any loss in the form of damages which is sustained as a result of the negligence of the actions of the Recipient's employees, agents or contractors, and for which the Crown is held liable, either in whole or in part.
Special Conditions:
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Joint commitments (Recipient and Minister) |
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| S. |
Applicability of other laws |
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S.1 |
This agreement, and the work done under it, will be governed by the laws of the Province of . |
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| T. |
Copyright |
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T.1 |
The Recipient retains copyright for any work produced under this agreement |
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T.2 |
The Recipient gives the Minister a royalty-free, permanent, and exclusive license to produce, reproduce or publish, in any way, the original work or an adaptation, in any language, for use within the federal public service and for non-commercial distribution. |
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(In most circumstances, the simple copyright clauses above will be sufficient. However, if the project has serious/important copyright implications for the Minister in terms of the anticipated products or outcomes, or if other circumstances warrant, substitute the copyright clauses P1-P7 found in the Guide.) |
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| U. |
Audit |
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U.1 |
The Minister may audit the Recipient's project accounts and records to ensure compliance with the terms of this agreement. An audit is an examination of the accounts, records or other necessary information of the Recipient. The audit may be conducted by an employee of the federal government or by another person recognized as a qualified auditor. The Recipient will provide the auditors with any information they require, upon request. |
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U.2 |
The Minister will inform the Recipient about the results of the audit. If money is owing to the Recipient, the Minister must pay it as soon as possible after the audit has been completed. If money is owing to the Minister, the Recipient must pay it as soon as possible after being informed of the debt. |
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| V. |
Assessment/Evaluation |
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V.1 |
If the Minister decides to assess the project while it is ongoing, the Minister must inform the Recipient of its intention to assess the effectiveness and the efficiency of the activities of the Recipient. The Recipient must provide all project and financial information that the Minister requires for the assessment. |
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V.2 |
The Minister may also perform an evaluation of the project once it is completed. Project evaluations will focus on success, cost-effectiveness and relevance issues. The evaluation criteria will be developed on a per project basis. |
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(If an evaluation of the project is planned, insert evaluation criteria and activities to be evaluated - see Guide for details. If no evaluation is planned, delete R.2 and remove the reference to Evaluation in the header.) |
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| W. |
Amendments to this agreement |
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W.1 |
The Minister and the Recipient can agree to change the terms of this agreement at any time by signing an amendment. |
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X. |
Termination of this Agreement |
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X.1 |
The Minister or the Recipient may terminate this agreement for any reason, by giving thirty (30) days' notice in writing by registered mail to the representative identified in this agreement. In the case of termination, the repayment clause in section L.2 of the agreement will apply. |
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| Y. |
Disputes |
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Y.1 |
If a disagreement or dispute arises out of this agreement, the Minister and the Recipient agree to use the following dispute-resolution process to try to resolve the dispute, before beginning legal action: |
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(Please refer to the Guide for more information on selecting the appropriate dispute resolution mechanism. Select one of the clauses below, or substitute a different dispute resolution mechanism.)
#1 Sample clause for smaller contributions (e.g. under $50K):
The Minister and the Recipient agree to call a meeting, attended by individuals with decision-making authority, and attempt in good faith to negotiate a resolution.
(time limit for negotiation can be inserted)
#2 Additional sample clause for larger contribution (e.g., $50K to 100K). Use clause #1 above, and add the following:
If the Minister and Recipient have not resolved the dispute in thirty (30) days, they will meet as soon as possible with a neutral convenor, to help select a dispute resolution process that will best suit the dispute. They will select this neutral convenor together, from a list of proposed neutral convenors compiled by the Recipient and the Minister, and will equally share the related fees and expenses for the neutral convenor.
(time limit for work with neutral can be inserted)
#3 Additional clauses for large contributions (e.g., over $100K). See Guide for more details. |
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Minister's limitation of liability |
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| Z. |
Minister's liability |
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Z.1 |
Where the Recipient has entered into a loan, a capital lease or other long term obligation in relation to this agreement, the Crown, and the Minister (acting on behalf of the Crown or in the Minister's personal capacity), cannot be held liable for any injury (including death) or for any loss or damage, sustained by the Recipient or the property of the Recipient or the property of anyone else. |
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Representatives for the purpose of this agreement |
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| AA. |
Representatives |
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AA.1 |
The Minister's representative for the purpose of this agreement is:
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Name:
Title:
Address:
Tel/Fax:
E-mail: |
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This is the person to whom any notices or requests for information should be addressed. |
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AA.2 |
The Recipient's representative for the purpose of this agreement is: |
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Name:
Title:
Address:
Tel/Fax:
E-mail: |
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This is the person to whom any notices or requests for information should be addressed. |
| BB. |
Notice |
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BB.1 |
The Minister or the Recipient may send any written notice by registered letter or priority post to the appropriate address shown in section AA above. Notice will be considered as received within four (4) working days, whether the document was sent by registered letter or priority post. |
