RACIALIZED AND
INDIGENOUS SUPPORTS FOR ENTREPRENEURS GRANT PROGRAM
The Racialized and
Indigenous Supports for Entrepreneurs (RAISE) Grant Program transfer payments awarded by
His Majesty the King in right of Ontario as represented by Minister of
Citizenship and Multiculturalism and the Minister of Tourism, Culture and Gaming
(collectively, the “Province”) are governed
by an agreement between the Applicant
and
the Province.
The general terms and conditions of the
Agreement are contained in this Application
Form. The User Application Guide is incorporated by reference.
By completing the Application Form and
providing an e-signature below, the Applicant is agreeing to be bound by these particular terms and conditions, if
the
Province awards the Applicant the
transfer payment through a Payment Notification.
The
Province may amend the terms and conditions to this Agreement. These amendments
will be contained in Subsequent Correspondence that the Province will send to
the Applicant for signature.
If the Applicant agrees with the amendments, the Applicant must sign a copy of the correspondence and return the correspondence to the Province.
Please note that
the Province will not provide any
transfer payment funds to the Applicant unless
(a)
the Province approves the transfer payment in a Payment Notification;
and
(b)
the Applicant agrees to be bound by all of
these terms and conditions of the Agreement.
(a) words in the singular include the plural and vice-versa;
(b) words in one gender include all genders;
(c) the headings do not form part of the Agreement; they are for reference only and will not affect the interpretation of the Agreement;
(d) any reference to dollars or currency will be in Canadian dollars and currency; and
(e) “include”, “includes” and “including” denote that the subsequent list is not exhaustive.
“Agreement” means the User
Application Guide, the Application Form including these general terms and conditions, the Payment Notification, and
any additional terms and conditions which may be contained in Subsequent
Correspondence.
“Applicant” means the entity that has
submitted the Application Form to the Province for Funds under the Program.
“Application Form” means the Transfer Payment Ontario Application Form, including all required supporting documentation, submitted by the Applicant for funding under the Program, and includes all information contained therein.
"Business Action Plan” means the business action plan that the
Applicant will submit as described in the User Application Guide.
“Business Day” means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business.
“Completion Date” means the Project completion date set out in the User Application Guide.
“Effective Date” means the date of the Payment Notification.
“Event of Default” has the meaning ascribed to it in section 15.1.
“Expiry Date” means the date which is 90 days after the Completion Date.
“Funds” means the money the Province provides to the Recipient pursuant to the Agreement.
“Indemnified Parties” means His Majesty the King in right of Ontario, His ministers, agents, appointees and employees.
“Maximum Funds” means the maximum Funds specified by the Province in the Payment Notification. Such amount will be at the Province’s sole and absolute discretion and will be final.
“Notice” means any communication given or required to be given pursuant to the Agreement.
“Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default pursuant to section 15.3(b), and includes any such period or periods of time by which the Province extends that time in accordance with section 15.4.
“Parties” means the Province and the Recipient.
“Party” means either the Province or the Recipient.
“Payment Notification” means an e-mail
from the Province to the Applicant announcing the award of a transfer payment
to the Applicant under the Program.
“Program” means the Racialized and Indigenous Supports for Entrepreneurs (RAISE) Grant Program.
“Project” means the undertakings,
including any business development training, business coaching and networking requirements,
and eligible expenses relating to the undertakings as described in the User
Application Guide and the specific activities described
in the Business Action Plan, unless the Province describes the undertakings
and eligible expenses in any Subsequent Correspondence, in which case “Project”
means the project described in the Subsequent Correspondence and the specific
activities described in the Business Action Plan.
“Recipient” means the Applicant who has been awarded a transfer payment under the Program through a Payment Notification.
“Reports” means the reports described
in Article 9.0.
“Subsequent Correspondence” means any
correspondence relating to the Funds, the Project, and/or the Reports that the Province sends to
the Recipient subsequent to submission of the Application Form by the
Applicant.
“User Application Guide” means the
guidelines applicable to applications made to the Racialized and Indigenous
Supports for Entrepreneurs Grant Program.
(a) by receiving Funds it may become subject to legislation applicable to organizations that receive funding from the Government of Ontario, including the Broader Public Sector Accountability Act, 2010 (Ontario), the Public Sector Salary Disclosure Act, 1996 (Ontario), and the Auditor General Act (Ontario);
(b) His Majesty the King in right of Ontario has issued expenses, perquisites, and procurement directives and guidelines pursuant to the Broader Public Sector Accountability Act, 2010 (Ontario);
(c) the Funds are:
(i) to assist the Recipient to carry out the Project and not to provide goods or services to the Province;
(ii) funding for the purposes of the Public Sector Salary Disclosure Act, 1996 (Ontario);
(d) the Province is not responsible for carrying out the Project; and
(e) the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and that any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act.
(a) it is, and will continue to be, a validly existing legal entity with full power to fulfill its obligations under the Agreement;
(b) it has, and will continue to have, the experience and expertise necessary to carry out the Project;
(c) it is in compliance with, and will continue to comply with, all federal and provincial laws and regulations, including the Income Tax Act (Canada), Ontario Human Rights Code and any hate-related laws under the Criminal Code (Canada), all municipal by-laws, any applicable tax reporting or filing requirements or binding rules or guidelines of the Canada Revenue Agency, and any other orders, rules, and by-laws related to any aspect of the Project, the Funds or both; and
(d) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds (including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to be true and complete.
(a) the full power and authority to enter into the Agreement; and
(b) taken all necessary actions to authorize the execution of the Agreement.
(a) a code of conduct and ethical responsibilities for all persons at all levels of the Recipient’s organization;
(b) procedures to enable the Recipient’s ongoing effective functioning;
(c) decision-making mechanisms for the Recipient;
(d) procedures to enable the Recipient to manage Funds prudently and effectively;
(e) procedures to enable the Recipient to complete the Project successfully;
(f) procedures to enable the Recipient to identify risks to the completion of the Project and strategies to address the identified risks, all in a timely manner;
(g) procedures to enable the preparation and submission of all Reports required pursuant to Article 9.0; and
(h) procedures to enable the Recipient to address such other matters as the Recipient considers necessary to enable the Recipient to carry out its obligations under the Agreement.
(a) provide the Recipient up to the Maximum Funds for the purpose of carrying out the Project;
(b) provide the Funds to the Recipient in accordance with the payment plan specified in the User Application Guide; and
(c) deposit the Funds into an account designated by the Recipient provided that the account:
(i) resides at a Canadian financial institution; and
(ii) is in the name of the Recipient.
(a) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides the certificates of insurance or other proof as the Province may request pursuant to section 12.2;
(b) the Province is not obligated to provide the instalment of Funds until it is satisfied with the progress of the Project;
(c) the Province may adjust the amount of Funds it provides to the Recipient based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to section 9.1; or
(d) if, pursuant to the Financial Administration Act (Ontario), the Province does not receive the necessary appropriation from the Ontario Legislature for payment under the Agreement, the Province is not obligated to make any such payment, and, as a consequence, the Province may:
(i) reduce the amount of Funds and, in consultation with the Recipient, change the Project; or
(ii) terminate the Agreement pursuant to section 14.1.
(a) carry out the Project in accordance with the Agreement;
(b) use the Funds only for the purpose of carrying out the Project;
(c) not use the Funds to cover any cost that has or will be funded or reimbursed by one or more of any third party, ministry, agency or organization of the Government of Ontario.
(a) deduct an amount equal to the interest from any further instalment of Funds; or
(b) demand from the Recipient the payment of an amount equal to the interest.
(a) the Recipient; or
(b) any person who has the capacity to influence the Recipient’s decisions,
has outside commitments, relationships, or financial interests that could, or could be seen to, interfere with the Recipient’s objective, unbiased, and impartial judgment relating to the Project, the use of the Funds, or both.
(a) disclose to the Province, without delay, any situation that a reasonable person would interpret as an actual, potential, or perceived conflict of interest; and
(b) comply with any terms and conditions that the Province may prescribe as a result of the disclosure.
(a) submit to the Province at the address referred to in section 19.1 or through such other method as may be specified in the User Application Guide, all reports in accordance with the timelines and content requirements as specified by the Province in the User Application Guide, as well as any other reports in accordance with any timelines and content requirements that the Province may specify from time to time;
(b) ensure that all reports are completed to the satisfaction of the Province; and
(c) ensure that all reports are signed on behalf of the Recipient by an authorized signing officer.
(a) all financial records (including invoices and receipts) relating to the Funds or otherwise to the Project for seven years; and
(b) all non-financial documents and records relating to the Funds or otherwise to the Project.
a) the truth of any of the Recipient’s representations and warranties;
b) the progress of the Project;
c) the Recipient’s allocation and expenditure of the Funds.
(a) inspect and copy any records and documents referred to in section 9.2; and
(b) remove any copies made pursuant to section 9.3(a) from the Recipient’s premises.
(a) the support of the Province for the Project; and
(b) ensure that the acknowledgement referred to in section 10.1(a) is in a form and manner as directed by the Province.
(a) the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient’s obligations under, or otherwise in connection with, the Agreement;
(b) a cross-liability clause;
(c) contractual liability coverage; and
(d) a 30-day written notice of cancellation.
(a) provide to the Province, either:
(i) certificates of insurance that confirm the insurance coverage as provided for in section 12.1; or
(ii) other proof that confirms the insurance coverage as provided for in section 12.1; and
(b) upon the request of the Province, provide to the Province a copy of any insurance policy that relates to the Project or otherwise to the Agreement, or both.
(a) cancel the instalment of Funds;
(b) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; and
(c)
determine
the reasonable costs for the Recipient to wind down the Project, and do either
or both of the following:
(i) permit the Recipient to offset such
costs against the amount the Recipient owes pursuant to section 13.2(b); and
(ii) subject to section 6.1(a), provide Funds
to the Recipient to cover such costs.
(a) cancel the instalment of Funds;
(b) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; and
(c)
determine
the reasonable costs for the Recipient to wind down the Project and permit the
Recipient to offset such costs against the amount owing pursuant to section
14.2(b).
(a) in the opinion of the Province, the Recipient breaches any representation, warranty, covenant or other material term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement:
(i) carry out the Project;
(ii) use or spend Funds; or
(iii) provide Reports in accordance with section 9.1;
(b) the Recipient’s operations, its financial condition, or its organizational structure, changes such that it no longer meets one or more of the eligibility requirements of the program under which the Province provides the Funds;
(c) the Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or a creditor makes an application for an order adjudging the Recipient bankrupt, or applies for the appointment of a receiver; or
(d) the Recipient ceases to operate.
(a) initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project;
(b) provide the Recipient with an opportunity to remedy the Event of Default;
(c) suspend the payment of Funds for such period as the Province determines appropriate;
(d) reduce the amount of the Funds;
(e) cancel the instalment of Funds;
(f) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient;
(g) demand from the Recipient the payment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement;
(h) demand from the Recipient the payment of an amount equal to any Funds the Province provided to the Recipient;
(i) demand from the Recipient the payment of an amount equal to the costs the Province incurred or incurs to enforce its rights under the Agreement, including the costs of any records review under section 9.3 and the costs it incurs to collect any amounts the Recipient owes to the Province; and
(j) terminate the Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient.
(a) the particulars of the Event of Default; and
(b) the Notice Period.
(a) the Recipient does not remedy the Event of Default within the Notice Period;
(b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or
(c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province,
the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections 15.2(a), (c), (d), (e), (f), (g), (h), (i) and (j).
(a) deduct an amount equal to the excess Funds from any further instalments of Funds; or
(b) demand that the Recipient pay an amount equal to the excess Funds to the Province.
(a) the Province demands from the Recipient the payment of any Funds, an amount equal to any Funds or any other amounts owing under the Agreement; or
(b) the Recipient owes to the Province any Funds, an amount equal to any Funds or any other amounts owing under the Agreement, whether or not the Province has demanded their payment,
such amounts will be deemed to be debts due and owing to the Province by the Recipient, and the Recipient will pay the amounts to the Province immediately, unless the Province directs otherwise.
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To the Province: Attention: Racialized and Indigenous Supports for Entrepreneurs (RAISE) Program Address: 400 University Ave, Floor 2, Toronto ON, M5G 1S7 |
To the Recipient: The Recipient’s mailing address and email address as set out in the Application Form, or as the Recipient later designates to the Province by Notice. |
(a) in the case of postage-prepaid mail, five Business Days after the Notice is mailed; or
(b) in the case of email or personal delivery, one Business Day after the Notice is delivered.
(a) Notice by postage-prepaid mail will not be deemed to be given; and
(b) the Party giving Notice will give Notice by email or personal delivery.
(a) be valid only if the Party granting the waiver provides it in writing; and
(b) apply only to the specific obligation referred to in the waiver.
(a) has failed to comply with any term, condition, or obligation under any other agreement with His Majesty the King in right of Ontario or one of His agencies (a “Failure”);
(b) has been provided with notice of such Failure in accordance with the requirements of such other agreement;
(c) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and
(d) such Failure is continuing,
the Province may suspend the payment of Funds for such period as the Province determines appropriate.