Government of Ontario: Ministry of Training, Colleges and Universities

Agreement Number

SKILLS DEVELOPMENT EMPLOYMENT BENEFIT
CONTRIBUTION AGREEMENT

Between

Her Majesty the Queen in right of Ontario, as represented by the Minister of Training, Colleges and Universities (the "MINISTRY")

(name of individual)

This agreement ("Agreement") is between the MINISTRY and the individual named above ("YOU").

PURPOSE OF AGREEMENT

1. The purpose of the Agreement is to set out the terms and conditions of the financial assistance that the MINISTRY has agreed to provide YOU to help YOU with the costs of attending the training course described in Section II of the Schedule to this Agreement. The financial assistance is being provided to YOU under the Skills Development Employment Benefit to help unemployed persons who qualify as "insured participants" under the Employment Insurance Act ("Act") to obtain skills for employment.

DEFINITIONS

2. In this Agreement, certain terms or expressions used have specific meanings. These terms or expressions are defined below.

"Assistance Period" means the period that begins on the Assistance Period Start Date shown in Section III of the Schedule to this Agreement and ends on the Assistance Period End Date shown in Section III of the Schedule;

"case manager" means

1. the officer assigned as your case manager under the Act to help YOU develop a Return to Work Action Plan and assist YOU in carrying it out, or
2. if YOU were referred to an employment assistance services agency under the Act prior to applying for financial assistance under the Skills Development Employment Benefit, the person assigned by that agency as your case manager to help YOU develop a Return to Work Action Plan and assist YOU in carrying it out;

"course" means the training course or program described in Section II of the Schedule to this Agreement;

"training costs" means the training costs described in Section IV of the Schedule to this Agreement that YOU incur in relation to the course.

FINANCIAL ASSISTANCE TOWARDS YOUR TRAINING COSTS

3.

1. The MINISTRY will provide financial assistance to YOU towards the training costs described in Section IV of the Schedule. The amount of financial assistance for each category of training costs shall not exceed the appropriate amount shown for the cost in Section IV of Schedule A.
   
   
2. The maximum period of time for which YOU are eligible to receive financial assistance under this Agreement is the Assistance Period shown in Section III of the Schedule. The MINISTRY has no obligation to provide YOU with any financial assistance beyond the Assistance Period. If the period required to complete the course, as indicated by the Start Date of Training and End Date of Training in Section II of the Schedule, exceeds the Assistance Period, the provision of any financial assistance beyond the Assistance Period is subject to the availability of funds and to the negotiation and signing of a new agreement between YOU and the MINISTRY.

4.

1. Only those training costs described in the Schedule that YOU actually incur and pay for are eligible for reimbursement. If requested, YOU must provide the MINISTRY with receipts, vouchers or other satisfactory proof of payment of your training costs. If YOU refuse or fail to provide satisfactory proof of payment of any cost, YOU are not entitled to the financial assistance provided for that cost and must repay it.
   
   
2. YOU acknowledge and agree that if there are breaks in the course, or if YOU are absent from attending the course, the MINISTRY may suspend payment of, or require repayment of, any financial assistance for the period of the break or absence where, in the opinion of the MINISTRY, the financial assistance is not required during that period.
   
   
3. An amount that is repayable under this section is a debt owing to the Government of Ontario.

TIMING OF PAYMENTS OF FINANCIAL ASSISTANCE

5. Payments of the financial assistance for the training costs will be paid to YOU in installments every two weeks, except where otherwise indicated in Section IV of the Schedule, in which case payments of financial assistance for the costs listed in Section V will be paid in installments as indicated in Section V.

YOUR RESPONSIBILITIES AND OBLIGATIONS

6. YOU must

1. (a) pursue the course diligently and make your best efforts to complete it successfully;
   
   
2. provide the MINISTRY with proof of payment to the training institution of each installment of your tuition within    days of payment of the installment;
   
   
3. keep receipts, vouchers or other documentary proof of all your training costs;
   
   
4. during the Assistance Period and for a period of seven years after the Assistance Period, make the receipts, vouchers or other documentary proof referred to in paragraph (c) available for verification and audit by representatives of the MINISTRY. This provision shall survive any termination of this Agreement ;
   
   
5. notify the MINISTRY immediately in writing of any income (including scholarships and bursaries) YOU receive during your Assistance Period that was not included in the financial information YOU provided when You applied for financial assistance;
   
   
6. notify the MINISTRY immediately in writing of any other change in your financial situation during your Assistance Period that reduces your need for the financial assistance provided under this Agreement;
   
   
7. notify the MINISTRY in writing if the course is cancelled, or if YOU complete the course early (i. e. prior to the end of the Assistance Period), or if YOU intend to withdraw from the course and, in the case of withdrawal, provide reasons for the withdrawal;
   
   
8. notify the MINISTRY in writing of any change to the course description information set out in Section II of the Schedule;
   
   
9. follow the instructions of your case manager, including any instructions to provide reports to the case manager of your absences from the course and your progress in the course and transcripts of your marks;
   
   
10. notify the Ministry in writing of any change of address that occurs during the Assistance Period. If YOU have an overpayment, this obligation will continue until the overpayment is repaid in full to the Government of Ontario.

REDUCTION IN FINANCIAL ASSISTANCE

7.

1. If, following the signing of this Agreement and during your Assistance Period,
   
   
   1. YOU receive any income referred to in paragraph 6(e), or
   2. there is any other change in your financial circumstances referred to in paragraph 6(f),
      
      
   the MINISTRY may, after consultation with YOU, and by notice in writing to YOU, amend the Schedule to reduce the amount of its financial assistance to YOU for any training cost(s) described in Section IV of the Schedule by such amount(s) as it considers appropriate.
   
   
2. If, as a result of a reduction under subsection (1), the total amount of financial assistance already paid to YOU by the MINISTRY under this Agreement exceeds the amended reduced amount, YOU must repay to the Government of Ontario immediately the amount of the excess. Any repayment must be made payable to the Minister of Finance.
   
   

REPAYMENT OF PORTION OF TUITION IN EVENT OF TUITION REFUND

8. If, for any reason, YOU receive from the training institution a credit voucher for, or a refund of, all or a portion of the tuition paid for the course, YOU must repay to the MINISTRY immediately an amount that bears the same ratio to the amount of the refund or credit voucher that

1. the amount of the MINISTRY's contribution towards the cost of the tuition bears to
   
   
2. the total amount of the tuition paid.

By way of example, if the total amount of tuition paid was $5000 and the MINISTRY's contribution towards the tuition was $2500 (i.e. 50%) and the refund or amount of the tuition voucher was $3000, YOU must repay 50% of $3000 (i.e. $1500). An amount that is repayable under this section is a debt owing to the MINISTRY.

RECOVERY OF OVERPAYMENTS

9. If the amount paid by the MINISTRY towards your training costs exceeds the amount to which YOU are entitled under this Agreement, the amount of the excess is a debt owing to the Government of Ontario and YOU must promptly repay the amount upon receipt of notice of the overpayment. Any repayment must be made payable to the Minister of Finance. In addition to any other legal remedies the Government of Ontario may use to recover the overpayment, the Government of Ontario shall have the right to recover the amount of the debt by deducting or setting off the overpayment from any other amount that may be due or payable to YOU under this Agreement.

TERMINATION

10.

1. This Agreement shall terminate automatically
   
   
   1. if the course is cancelled, on the date the cancellation is effective,
   2. if YOU withdraw from the course, on the date YOU withdraw,
   3. if YOU are expelled from the course, on the date YOU are expelled, or
   4. if YOU complete the course early, on the date YOU complete the course.
      
      
2. The MINISTRY may terminate this Agreement upon written notice if
   
   
   1. YOU fail to comply with an obligation referred to in section 6 of this Agreement; or
   2. any information YOU provided to the MINISTRY in support of your request or application for financial assistance is materially false or misleading.
      
      
3. In the event of termination, YOU are not entitled to receive any further financial assistance and the MINISTRY shall have no obligation to make any further payment towards your training costs, including an amount owing prior to the date of the notice of termination. If YOU receive any financial assistance following the cancellation of the course or the date on which YOU withdrew or were expelled, YOU agree to repay it. It is a debt owing to the MINISTRY.
   
   
4. Notwithstanding the termination of this Agreement, your obligations under sections 4, 6(b), 7, 8, 9 and 10(3) shall continue in full force following termination until they are discharged or by their nature expire.

YOUR CONTRIBUTION

11. YOU acknowledge that YOU have a responsibility to contribute towards the costs of taking the course and YOU agree to make the contributions specified in Section VI of the Schedule towards the costs described in that section of the Schedule.

NOTICE

12.

1. Any notices to be given, and all reports, information, correspondence and other documents to be provided by either party to the other under this Agreement shall be effectively given if delivered or sent by letter addressed to the other party. Any notice delivered shall be deemed to have been received on delivery. Any notice sent by mail shall be deemed to have been received 8 calendar days after being mailed.
   
   
2. Notices, reports, information, correspondence and other documents sent by YOU shall be sent to the MINISTRY at the following address:
   
   
   
3. Notices, reports, information, correspondence and other documents sent by the MINISTRY shall be sent to YOU at the address shown in the Schedule. If there is any change in your address YOU must notify the MINISTRY of the change in writing.

GENERAL

13. By signing this Agreement, YOU are providing your consent to authorize the training institution to

1. provide the MINISTRY with your attendance records, progress reports and proof of payment of tuition, and
2. notify the MINISTRY in the event YOU are expelled from the employment activity or if YOU withdraw from it.

14. If your case manager is a person employed by an employment assistance services agency, by signing this Agreement, YOU are providing your consent to authorize the case manager and the agency to provide the MINISTRY with any information concerning your participation in the course.

15. Except for amendments to the Agreement which may be made unilaterally by the MINISTRY under section 7, no change or modification to this Agreement may be made unless it is in writing and signed by YOU and the MINISTRY.

16. Any payment under this Agreement is subject to the maintenance of current and forecasted funding levels for the MINISTRY's Employment Benefits and Support Measures. It is agreed that payment of financial assistance to YOU under this Agreement may be cancelled or reduced in the event the level of funding for the MINISTRY's Employment Benefits and Support Measures is reduced.

In Witness Whereof this Agreement has been signed by the MINISTRY and YOU.

(Name Of Participant)


(Signature)


Date

Agreement Number:  

Skills Development Employment Benefit
Schedule - Description of Financial Assistance

Section I - Participant Information:

Surname:      Given Name:     

Section II - Description of Course or Program of Instruction or Training:

Name of Training Institution: Institution Code:
Course Name:
Start Date of Training:    End Date of Training:

Section III - Assistance Period:

Assistance Period Start Date :      Assistance Period End Date :  

Section IV - Description of Training Costs and Amounts of Financial Assistance Payable by the MINISTRY:

• Weekly Basic Living Costs:
  These are costs incurred for your basic living expenses such as food, clothing, shelter and untilities (water, heat, telephone and hydro) while attending the training.
  
  
• Disability Needs:
  If YOU are a person with a disability, these are the costs that may include a special device, aid or special assistance required that would enable YOU to take the training, such as the cost for special equipment essential for pursuing computer studies, special transportation costs, the cost of adapting instructional material and the costs of interpretation or transcription of texts into Braille. A person with a disability means a person who self-identifies as having a physical or menta impairment that restricts his/her ability to perform daily activities.
  
  
• Other Personal Support and Transportation :
  These are the incremental costs that are associated with your participation in the training such as uniforms, footware, safety equipment. Financial assistance may also be made towards costs related to transportation and accomodation. Transportation costs are those costs that may be incurred for daily commuting expenses to and from the training institution such as a bus/subway/train pass or may be paid on a per-kilometer basis. Costs may also be incurred when ravelling between your ordinary place of residence and the location where the training is given at the beginning and end of the training. Accomodation costs may be incurred while attending training when the training institution is located at such a distance from your ordinary place of residence that it necessitates your maintaining both a primary and secondary place of residence.
  
  
• Tuition Costs :
  These are the costs incurred for tuition which includes fees charged by the educational institution for admission, charges for the use of library or laboratory facilities, exemption fees, examination fees including re-reading charges, application fees, confirmation fees, charges for a certificate, diploma or degree, membership or seminar fees that are specifically related to an academic program and its administration, mandatory computer service fees and academic fees.
  
  
• Other Instructional Costs :
  These are the costs imposed by the training institution, excluding regular tuition fees, which can be associated with and considered essential for your participation in the course. Other instructional costs can include student fees, obtaining a student card, purchasing course-related books and software and equipment such as laboratory coats, safety equipment or art supplies, library and laboratory fees, photocopying charges and the like. They do not include the costs of computers and other capital cost items.

Surname:      Given Name:     

* "on claim" refers to the situation where YOU have made a claim for, and are eligible and entitled to receive, weekly unemployment benefits under Part I of the Employment Insurance Act for any week during your Assistance Period.

Surname:      Given Name:     

Section V - Payment Summary: Training Costs Paid by the MINISTRY:

Section VI - Client Contribution:

The following outlines your financial contribution towards your training costs and provides details of when YOU will be making payment towards them.

Surname:      Given Name:     

Total Client Contribution to Training Costs  

Total MINISTRY Contribution toTraining Costs (not including EI benefits payable under Part I of the Employment Insurance Act while YOU are on claim)  

Total Training Costs  

Note to Active EI Claimants Regarding Referral Under Section 25 of the Employment Insurance Act:

Under Section 25 of the Employment Insurance Act, a claimant is unemployed, capable of and available for work and therefore eligible to receive insurance benefits ("EI benefits") when the claimant is attending a course or program of instruction or training under an employment benefit, to which the MINISTRY, or an authority designated by the MINISTRY, has referred the claimant.
Failure to meet the conditions of your referral under Section 25 may result in the loss of your entitlement to receive your EI benefits.

Notice of Collection of Personal Information:

As of January 1, 2007, the Government of Ontario (“Ontario”) will deliver the Employment Benefits and Support Measures which are similiar to the programs currently being delivered by the Government of Canada (“Canada”) pursuant to Part II of the Employment Insurance Act.

Your personal information, including your SIN, provided on this form and in all other communications related to the Ontario employment benefits and support measures program (the “Program”) will be used to administer and finance the Program in accordance with the Labour Market Development Agreement between Canada and Ontario, the Employment Insurance Act, S.C. 1996, c.23, as amended, and the Financial Administration Act, R.S.O. 1990, c. F.12, as amended. Ontario will collect relevant personal information directly from you and indirectly from Canada for these purposes. Depending on the type of benefit or support you seek, third parties may also be involved in the administration of the Program, including third party service providers, your employer, your training institution and contractors and auditors retained by Ontario. Ontario may collect relevant personal information indirectly from these third parties. You may be contacted to participate in surveys related to the Program. For more information about the collection and use of your personal information in the administration and financing of the Program you can visit the Employment Ontario website at: http://www.ontario.ca/employmentontario or contact the Manager, Employment Ontario Hotline, in writing at the Ministry of Training, Colleges and Universities, 5775 Yonge St., 14th Floor, Toronto Ontario  M7A 2H2, or by phone at 1 800-387-5656.

FOR AMENDMENTS ONLY:

Reason for Amendment

This Schedule forms part of the Agreement between the MINISTRY and YOU.

Signed for the MINISTRY:

(Date)

Signature of Participant:

(Date)