AgriWorkplace Skills Training Pilot Program
Terms and Conditions for Employers/Recipients

1. Introduction

These Terms and Conditions establish the responsibilities of each party under the AgriWorkplace Skills Training Pilot Program (the "Program"). In exchange for accepting the wage subsidy award (the "Subsidy") made available by Canadian Agricultural Human Resource Council ("CAHRC") on behalf of Employment and Social Development Canada ("ESDC") Sectoral Workforce Solutions Program (SWSP), the Recipient (as defined below) confirms that they will abide by these Terms and Conditions and acknowledge their obligation to cooperate in working towards a successful outcome and meeting their reporting and financial obligations.

2. Value and Duration of the Wage Subsidy

CAHRC has received an envelope of funds from ESDC to distribute on a first come first serve basis to eligible recipients for the duration of the Program (the "Funds"). In order to be eligible for any Funds, the Recipient must abide by the Terms and Conditions herein.

The Funds provided hereunder must be used exclusively for the purpose of supporting the agricultural employer / Recipient with wage subsidy for the named Employee as the Recipient trains their Employee. The Subsidy is calculated as follows:

100% of the named Employee's gross wages incurred through the duration of the Training Period (as defined below) for each eligible employee undertaking Training with the Recipient (which training meets or exceeds the validated National Occupational Standards (NOS) as developed by CAHRC), provided that the total amount of wages reimbursed through the Subsidy for each trained employee does not exceed:
1. $5,000, or
2. $7,500 if the Employee has self-identified as a member of an under-represented group; subject to availability of funding.

No funds in addition to the above amount will be provided to the Recipient. The Recipient will only be reimbursed based on the actual number of trained employees and for the duration of the Pilot Project.

Requests for reimbursement or payment of Funds must be provided within 30 days from the date the Employee completes their training, or within 30 days following the end of the Training Period as defined below, whichever is earlier.

Employee positions can be partially funded by non-federal government funds provided these funds and the funds from the SWSP together do not exceed 100% of the named Employee's gross wages incurred through the duration of the Training Period. The Recipient must disclose if, and by how much, the position is being partially funded by government sources. A failure to accurately report other sources of government funds will result in disqualification for the Subsidy.

The Recipient may only benefit from a Subsidy once per employee, and will not collect any other subsidy or financial support in a way that results in a net financial benefit or profit to the Recipient.

The Recipient will be responsible for any and all tax consequences and reporting requirements that may exist from time to time with respect to the Funds. The Recipient is solely responsible for obtaining any legal, accounting, or other professional advice it requires with respect to the Subsidy.

3. Reporting

The Recipient agrees to participate in meetings with CAHRC at a time that is agreeable to both parties for the purpose of monitoring progress of the Training and the training provided (which agreement will not be unreasonably withheld by the Recipient).

CAHRC and the Government of Canada, or their representatives, have a right to access the Recipient’s premises or the location of the training experience to monitor the training and work experience or by other means such as telephone calls to the Recipient and questionnaires, or through a review of progress reports furnished by the Recipient or a combination of thereof to ensure:

the Training Experience is being carried out in accordance with the terms of the training agreement with the Recipient;
The Training Period shall be a minimum of three months ending as late as February 29, 2024;
the Training Experience is taking place in a safe environment; and
the Participant training restrictions in sections 4 are being respected.

The Recipient must encourage each Employee to submit the Employee Exit Survey after the completion of their Training Period. The Recipient is also required to complete the Feedback Survey provided by CAHRC at the end of the training period. The application process will not be considered complete and the Recipient will not be eligible for fund transfer unless the surveys have been completed.

While CAHRC will provide certain information to Recipients, is not responsible for the quality nor content of the training provided to the Recipient’s Employees. It is the Recipient’s responsibility to ensure that all training provided is adequate and meets any legal requirements. A failure to provide adequate training may disqualify the Recipient from receiving the Subsidy.

4. Employment Terms

Employment agreements are between the Employee and the Recipient. CAHRC is not a party to these agreements and assumes no financial or legal responsibility with regard to events or actions by either party that affect the employment situation for or rights of any Employee (e.g. payment of wages, termination and severance, layoffs, intellectual property issues, confidentiality agreements, strikes, occupational health and safety, human rights etc.). The Recipient agrees to fully indemnify and hold harmless CAHRC for any claims, demands, fines, penalties, charges, applications, actions, suits or other proceedings, brought against CAHRC of any of its officers, directors, employees, or agents, by any Employee or any government authority.

CAHRC makes no representation as to the adequacy of Employees’ skills or abilities. The selection of an appropriate Employee to participate in the Training Program is entirely the decision of the Recipient.

5. Employment Restrictions

The Recipient shall ensure that the Employee in his/her organization is provided with all relevant information concerning health and safety standards and regulations regarding their work environment and about any safety equipment required for their work.

5.1 The Recipient shall ensure that no Participating Employee is recruited and placed to

fill a position left vacant due to an industrial dispute at the Recipient`s premises,
fill the position of a worker that has been laid-off by the Recipient and is awaiting recall, or
displace another worker employed by the Recipient

5.2 In the event of a breach of subsection 5.1, the Recipient shall repay the financial assistance received from CAHRC under the AgriWorkplace Skills Training program.

6. Release of Funds

Within 30 days of being notified by email, the Recipient will submit to CAHRC:

first and final pay stubs for gross wages paid during the period indicated in Clause 2(a);
an invoice for the value of the Subsidy as calculated in Clause 2(a). CAHRC will forward Subsidy Funds to the Recipient 45 days due net receipt of the invoice.

All payments made hereunder will be subject to satisfactory progress by the Recipient including the provision of all required reporting, and are conditional upon available Funds and the continued financial support from ESDC. In the event that any reports do not meet the satisfaction of CAHRC, CAHRC shall have the right to reject the report or require correction before payment will be authorized.

7. Privacy

The Recipient is required to provide all necessary details about the employing organization, organizational representative, and Participating Employees to CAHRC through the AgriAchieve Training Tracking Platform. The Recipient and the Participating Employees agree to provide their consent for the collection, usage and disclosure of information. Personal information provided by the applicant will be used by CAHRC for the purposes of assessing, processing and reporting on an application for the wage subsidy program and may be shared with provincial or municipal governments to confirm eligibility for the program and enable harmonization with other wage subsidy programs. Anonymized data collected through the program may also be used for labour market research or other research purposes.

The information provided to CAHRC and shared with ESDC from or about the Recipient and the Employee when provided to the Government of Canada, is administered in accordance with the Privacy Act (R. S.C., 1985, c. P-21) and the Department of Employment and Social Development Canada Act (S.C. 2005, c. 34), and Recipients and Employees’ rights under the Access to Information Act (R.S.C., 1985, c. A-1) to obtain access to that information from Government of Canada are in no way amended or restricted by these Terms and Conditions.

Information provided to AgriAchieve is administered in accordance with the Privacy Act (R. S.C., 1985, c. P-21) and Recipients and Employees have a right under the Access to Information Act (R.S.C., 1985, c. A-1) to obtain access to that information.

CAHRC may, from time to time, contact applicant organizations to promote CAHRC programs or projects. If you have any questions about the collection of personal information by CAHRC as referenced in this document, please contact: Aaron Brisson, Project Manager Training at abrisson@cahrc-ccrha.ca.

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