Standard Interpretation Service Contractor Clauses and Conditions

Notice

For contracts signed prior to July 21, 2016

1. DESCRIPTION OF WORK

1.1 The INTERPRETATION SERVICE CONTRACTOR shall, during the contract period date indicated in A2 of the signed Articles of Agreement, perform and complete with care, skill, diligence and efficiency the work that is described in sub-article 1.2 below.

1.2 As and when required by the BOARD, the INTERPRETATION SERVICE CONTRACTOR agrees to provide interpretation services from the language(s) identified in A4 of the signed Articles of Agreement. These interpretation services shall include, but are not limited to, a) accurate interpretation of any statements made by participants in BOARD proceedings; and b) accurate translation of any written materials that the BOARD may require in connection with the work. INTERPRETATION SERVICE CONTRACTORS may be asked to perform other work or provide services for the BOARD in the languages in which they are accredited. This may include such things as audits, translation of documents, etc. In providing the above services, the INTERPRETATION SERVICE CONTRACTOR agrees to respect the meaning and structure of the information being interpreted.

2. OBLIGATIONS OF THE INTERPRETATION SERVICE CONTRACTOR

In addition to any other obligations contained elsewhere in this contract, the INTERPRETATION SERVICE CONTRACTOR shall be subject to the following specific obligations:

2.1 the INTERPRETATION SERVICE CONTRACTOR shall have read the Immigration and Refugee Board Code of Conduct for INTERPRETATION SERVICE CONTRACTORS (Appendix "B") and the INTERPRETATION SERVICE CONTRACTOR shall comply with the terms of the Immigration and Refugee Board Code of Conduct for INTERPRETATION SERVICE CONTRACTORS during the term of this contract;

2.2 the INTERPRETATION SERVICE CONTRACTOR shall not disclose information gained in BOARD proceedings or as a result of any other work for the BOARD, to individuals other than BOARD officials acting in the performance of their duties;

2.3 the INTERPRETATION SERVICE CONTRACTOR shall keep secure (in a locked container or locked office) documents, diskettes, tapes, and any other media containing information relating to BOARD proceedings or to work completed for the BOARD. For greater clarity, the INTERPRETATION SERVICE CONTRACTOR shall keep secure any such information that is stored in a computerized database;

2.4 upon completion of use or at the time of termination of this contract, the INTERPRETATION SERVICE CONTRACTOR shall, as applicable:

return to the BOARD all documents, diskettes, tapes, or other media containing information relating to BOARD proceedings or to work completed for the BOARD; and
delete any electronically-stored information relating to BOARD proceedings or to work completed for the BOARD.

2.5 the INTERPRETATION SERVICE CONTRACTOR shall arrive 15 minutes before the scheduled proceeding;

2.6 the INTERPRETATION SERVICE CONTRACTOR shall advise the BOARD 48 hours before the proceeding in question that they cannot be present.

3. TERMINATION FOR CONVENIENCE

3.1 Either party may terminate this contract at any time by giving written notice to the other party.

3.2 Upon the termination of this contract under clause 3.1:

the BOARD may require the INTERPRETATION SERVICE CONTRACTOR to deliver to the BOARD in a manner and to the extent directed by the BOARD, any finished work that has not been delivered and accepted prior to such termination, and any work-in-progress which the INTERPRETATION SERVICE CONTRACTOR has specifically produced for the fulfillment of this contract;
the BOARD, in accordance with the provisions of Article 3, shall pay to the INTERPRETATION SERVICE CONTRACTOR any amounts outstanding, including any amounts outstanding for finished work and work-in-progress referred to in sub-clause 3.2(i) delivered pursuant to the direction of and accepted by the BOARD. With respect to any work-in-progress referred to in sub-clause 3.2(i), the BOARD may withhold from the amount due the INTERPRETATION SERVICE CONTRACTOR, such sums as the BOARD determines to be necessary to protect the BOARD against excess costs for the completion of the work. Payment to the INTERPRETATION SERVICE CONTRACTOR under this sub-clause 3.2(ii) shall be in full settlement of all amounts due and owing and accruing due and owing under this contract.

3.3 The INTERPRETATION SERVICE CONTRACTOR shall have no claim for damages, compensation, loss of profit, allowance or otherwise by reason of or directly or indirectly arising out of any action taken or notice given by the BOARD under the provisions of this Article as expressly provided herein.

3.4 The INTERPRETATION SERVICE CONTRACTOR shall not be entitled to be reimbursed any amount which, taken together with any amounts paid or becoming due to the INTERPRETATION SERVICE CONTRACTOR under the contract, exceeds the contract amount applicable to the work or particulars thereof.

4. TERMINATION DUE TO DEFAULT OF THE INTERPRETATION SERVICE CONTRACTOR

4.1 The BOARD may, by written notice to the INTERPRETATION SERVICE CONTRACTOR, terminate the whole or part of this contract if:

the INTERPRETATION SERVICE CONTRACTOR becomes bankrupt or insolvent, or a receiving order is made against the INTERPRETATION SERVICE CONTRACTOR, or an assignment is made for the benefit of the creditors, or if an order is made or resolution passed for the winding up of the INTERPRETATION SERVICE CONTRACTOR, or if the INTERPRETATION SERVICE CONTRACTOR takes the benefit of any statute for the time being in force relating to the bankrupt or insolvent debtors, or
the INTERPRETATION SERVICE CONTRACTOR fails to perform any of the INTERPRETATION SERVICE CONTRACTOR 's obligations under this contract, or, in the BOARD's view, so fails to make progress to endanger performance of this contract in accordance with its terms.

4.2 In the event that the BOARD terminates this contract in whole or in part under clause 4.1, the BOARD may arrange, upon such terms and conditions and in such manner as the BOARD deems appropriate, for the work to be completed, and the INTERPRETATION SERVICE CONTRACTOR shall be liable to the BOARD for any costs relating to the completion of the work which is in excess of the consideration set forth in this contract.

4.3 Upon the termination of this contract under clause 4.1, the BOARD may require the INTERPRETATION SERVICE CONTRACTOR to deliver and transfer title to the BOARD in a manner and to the extent directed by the BOARD, any finished work that has not been delivered and accepted prior to such termination and any materials of work-in-progress which the INTERPRETATION SERVICE CONTRACTOR has specifically acquired or produced for the fulfillment of this contract. The BOARD shall pay the INTERPRETATION SERVICE CONTRACTOR for all such finished work delivered pursuant to such direction and accepted by the BOARD, the cost to the CONTRACTOR of all materials and work-in-progress delivered to the BOARD, pursuant to such direction. The BOARD may withhold from the amount due the CONTRACTOR such sums as the BOARD determines to be necessary to protect the BOARD against excess costs for the completion of the work.

4.4 The INTERPRETATION SERVICE CONTRACTOR shall not be entitled to be reimbursed any amount which, taken together with any amounts paid or becoming due to the INTERPRETATION SERVICE CONTRACTOR under the contract, exceeds the contract price applicable to the work or particulars thereof.

Appendix "A"
STANDARD INTERPRETATION SERVICE CONTRACTOR CLAUSES and CONDITIONS

1. TERMS AND BASIS OF PAYMENT

1.1 Rates and Travel

Except as provided for in subsection 1.2 below, the BOARD agrees to payment on the following terms:

1.1.1 Hourly Rate

The hourly rate is $50.00.

1.1.2 Minimum Hours for Scheduled Hearings

The INTERPRETATION SERVICE CONTRACTOR will be paid a minimum of four (4) hours for a scheduled half day in the morning, a minimum of three (3) hours for a scheduled half-day in the afternoon, and a minimum of seven (7) hours for a scheduled full day calculated from the time the INTERPRETATION SERVICE CONTRACTOR is scheduled to arrive on-site. Any additional time worked, over and above the scheduled minimum hours, will be rounded to the nearest quarter hour except the INTERPRETATION SERVICE CONTRACTOR will be paid a minimum of seven (7) hours for a scheduled half day in the morning when they are required to stay past 1:00 P.M. local time. In all other circumstances the INTERPRETATION SERVICE CONTRACTOR will be paid for the actual hours worked at the hourly rate detailed above.

1.1.2.1 Calculation of Time

The calculation of time worked will begin one- quarter-hour prior to the scheduled start time of proceeding and end at the time the Board member concludes the proceedings for the day.

1.1.2.2 Lateness

In the event that the INTERPRETATION SERVICE CONTRACTOR does not arrive on-site one quarter-hour prior to the scheduled start time of a proceeding, the BOARD may deduct an amount corresponding to the time missed, rounded to the next quarter-hour, from the sum owing to the INTERPRETATION SERVICE CONTRACTOR.

The BOARD may cancel the INTERPRETATION SERVICE CONTRACTOR’s scheduled booking without penalty if the INTERPRETATION SERVICE CONTRACTOR fails to appear at the scheduled start time of a proceeding unless the INTERPRETATION SERVICE CONTRACTOR obtains prior approval from the BOARD for the delay.

1.1.3 Cancellation Notice

Where the BOARD cancels a proceeding or part of a proceeding, the BOARD shall provide the INTERPRETATION SERVICE CONTRACTOR with a cancellation notice 48 hours in advance (excludes weekends) of the scheduled proceeding. If the BOARD cancels the INTERPRETATION SERVICE CONTRACTOR's booking with less than 48 hours notice, the INTERPRETATION SERVICE CONTRACTOR will be paid in accordance with the minimum payments set out in sub-clause 1.1.2.

1.1.4 Work performed after eight (8) consecutive hours

All proposed INTERPRETATION SERVICE CONTRACTORS must be available to work outside normal office hours (7 A.M.to 6 P.M.) during the duration of the Contract.
The BOARD will advise the INTERPRETATION SERVICE CONTRACTOR as soon as possible of any requirement to work outside normal office hours. All work outside normal office hours must be pre-approved by the BOARD.
INTERPRETATION SERVICE CONTRACTORS scheduled for work on weekends or statutory holidays will be paid the hourly rate stipulated in sub-clause 1.1.4.1.

1.1.4.1 Hourly Rate for work performed after eight (8) consecutive hours

The hourly rate is $75.00.

1.1.5 Travel

1.1.5.1 To Usual Assignment Locations

The INTERPRETATION SERVICE CONTRACTOR shall not be paid for the time it takes to travel from their place of residence to the usual assignment locations.

1.1.5.2 Travel Expenses

The INTERPRETATION SERVICE CONTRACTOR shall be paid for pre-authorized reasonable and proper travel and living expenses, supported by original receipts, incurred by contractors directly engaged in the performance of the work, calculated in accordance with the then current Treasury Board Travel Directive in effect at the time of travel, without any allowance thereon for overhead or profit.

All travel and living expenses must be pre-authorized by the BOARD.

1.2 Standby

Where the INTERPRETATION SERVICE CONTRACTOR provides services as described in the SISCCC, A1, clause 1.2, during a period of time for which the INTERPRETATION SERVICE CONTRACTOR is already being paid in accordance with subsection 1.1 above to interpret BOARD proceedings but during which time the INTERPRETATION SERVICE CONTRACTOR is on "standby", no further payment shall be made to the INTERPRETATION SERVICE CONTRACTOR.

1.3 Orientation and Observations

The INTERPRETATION SERVICE CONTRACTOR shall complete one (1) orientation session and three (3) hearing observation sessions which will be remunerated by the IRB at the Hourly rate set out in clause 1.1.1 of Appendix A. The INTERPRETATION SERVICE CONTRACTOR will be paid a maximum of four (4) hours per hearing observation session and up to seven (7) hours for an orientation session. If the INTERPRETATION SERVICE CONTRACTOR chooses to attend more than three (3) hearing observation sessions, they may do so without remuneration. In exceptional circumstances, the IRB may assign work to the INTERPRETATION SERVICE CONTRACTOR prior to the completion of the hearing observation sessions.

2. METHOD OF PAYMENT

2.1 Payment Management

Payment management for work completed under this contract shall be made electronically via the BOARD's Interpreter Payment System ("IPS") or manually via substantiating documentation acceptable to the BOARD.

2.2 Notice of Objection

If the BOARD has any objection to the form of the IPS invoice or the substantiating documentation, the BOARD shall notify the INTERPRETATION SERVICE CONTRACTOR of the nature of its objection within 15 days of its receipt by Financial Services of the BOARD. "Form of the invoice" means an invoice which contains or is accompanied by substantiating documentation as the BOARD may require. Failure by the BOARD to act within 15 days of receipt will result in the date specified pursuant to PODD referred to in subsection 2.3 below, applying for the sole purpose of calculating interest on overdue accounts.

2.3 Payment Due Date and Method of Payment

Payment for work completed shall be made in accordance with the Treasury Board Payment on Due Date policy ("PODD"). Payment to the INTERPRETATION SERVICE CONTRACTOR shall be made by cheque issued to the INTERPRETATION SERVICE CONTRACTOR and sent to the INTERPRETATION SERVICE CONTRACTOR's address on file. It is the INTERPRETATION SERVICE CONTRACTOR's responsibility to keep the BOARD advised of any address change.

3. INTEREST ON OVERDUE ACCOUNTS

In this Section the amount is "due and payable" when it is due and payable by the BOARD to the INTERPRETATION SERVICE CONTRACTOR according to the terms of the contract;

3.1 For the purpose of this Section an amount is overdue when it is unpaid on the first day following the day upon which it is due and payable;

3.2 In this Section "date of payment" means the date of the negotiable instrument drawn by the Receiver General for Canada and given for payment of an amount due and payable;

3.3 In this Section "Bank Rate" means the average Bank of Canada discount rate of the previous month;

3.4 The BOARD will pay to the INTERPRETATION SERVICE CONTRACTOR simple interest at the Bank Rate plus 3 percent per year on any amount that is overdue, from the date that amount becomes overdue until the day before the date of payment, inclusive. The INTERPRETATION SERVICE CONTRACTOR is not required to provide notice to the BOARD for interest to be payable.

3.5 The Bank Rate shall be that prevailing at the opening of business on the date of payment. Interest shall only be paid when the BOARD is responsible for the delay in paying the INTERPRETATION SERVICE CONTRACTOR. In the event the BOARD is not responsible for the delay in paying the INTERPRETATION SERVICE CONTRACTOR, no interest shall be paid.

4. OWNERSHIP OF INTELLECTUAL PROPERTY AND OTHER PROPERTY INCLUDING COPYRIGHT

4.1 Documentation produced by the INTERPRETATION SERVICE CONTRACTOR in performance of the work under this contract shall vest in and shall remain the property of the BOARD, and the INTERPRETATION SERVICE CONTRACTOR shall account fully to the BOARD in respect of the foregoing in such manner as the BOARD shall direct.

4.2 Documentation shall contain the following copyright notice:

4.3 Information and documentation conceived and developed under this contract shall be the property of the BOARD. The INTERPRETATION SERVICE CONTRACTOR shall have no rights to the same. The INTERPRETATION SERVICE CONTRACTOR shall not divulge or use such information and documentation, other than performing the work under this contract, and shall not sell, other than to the BOARD, its content, in part or in total.

5. CONFLICT OF INTEREST

The INTERPRETATION SERVICE CONTRACTOR acknowledges that individuals who are subject to the provisions of the Conflict of Interest Act, the Conflict of Interest Code for Members of the House of Commons and the Values and Ethics Code for the Public Service cannot derive any direct benefit resulting from the Contract. The INTERPRETATION SERVICE CONTRACTOR or its employees, representatives and/or sub-contractors shall provide services or conduct business covered by this contract only during periods paid for by the BOARD, and shall not provide services or conduct any other business on BOARD premises.

The INTERPRETATION SERVICE CONTRACTOR or its employees, representatives and/or sub-contractors shall not provide assistance to the BOARD in developing any "STATEMENT OF WORK", except as directed in the performance of a contract for those purposes.

If the INTERPRETATION SERVICE CONTRACTOR or its employees, representatives and/or sub-contractors has prepared or assisted in the preparation of any material to be used in procurement for the BOARD, the INTERPRETATION SERVICE CONTRACTOR or its employees, representatives and/or sub-contractors shall immediately disclose such preparation or assistance to the BOARD, in writing. The BOARD will determine whether or not any conflicts of interest exist and, if the BOARD determines that a conflict of interest exists, the BOARD shall inform the INTERPRETATION SERVICE CONTRACTOR, in writing, that it cannot bid on any related requirement(s).

6. PRIVACY REQUIREMENT

The provisions of the Privacy Act, which include restrictions on the collection, use, disclosure, retention and disposal of personal information, will be applied to this contract.

Any personal information in the custody of the INTERPRETATION SERVICE CONTRACTOR will not be disclosed to anyone except those employees of the BOARD with the required clearance and on a need to know basis.

Documents, diskettes, tapes and any other media containing personal information will be kept in locked containers. Personal information stored in a computerized database shall be protected by a password which is to be changed regularly and immediately following the permanent departure of a staff member from the INTERPRETATION SERVICE CONTRACTOR's facility.

7. SECURITY CLAUSE

The INTERPRETATION SERVICE CONTRACTOR shall, at all times during the performance of the contract, hold a valid security screening level of Reliability Status. INTERPRETATION SERVICE CONTRACTOR personnel who require access to PROTECTED information, assets or sensitive work sites, shall EACH hold a valid security screening level of Reliability Status. Some work may require the INTERPRETATION SERVICE CONTRACTOR to obtain a higher level of security clearance.

8. INTERNATIONAL SANCTIONS

Persons in Canada, and Canadians outside of Canada, are bound by economic sanctions imposed by Canada. As a result, the Government of Canada cannot accept delivery of goods or services that originate, either directly or indirectly, from the countries or persons subject to economic sanctions.

Details on existing sanctions can be found at: http://www.international.gc.ca/sanctions/index.aspx?lang=eng.

The INTERPRETATION SERVICE CONTRACTOR must not supply to the Government of Canada any goods or services which are subject to economic sanctions.

The INTERPRETATION SERVICE CONTRACTOR must comply with changes to the regulations imposed during the period of the Contract. The INTERPRETATION SERVICE CONTRACTOR must immediately advise Canada if it is unable to perform the Work as a result of the imposition of economic sanctions against a country or person or the addition of a good or service to the list of sanctioned goods or services. If the Parties cannot agree on a work around plan, the Contract will be terminated for the convenience of Canada in accordance with Section 24.

9. CODE OF CONDUCT FOR PROCUREMENT

The INTERPRETATION SERVICE CONTRACTOR confirms that it has read the Code of Conduct for Procurement and agrees to be bound by its terms (http://www.tpsgc-pwgsc.gc.ca/app-acq/cndt-cndct/index-eng.html).

Appendix "B"
STANDARD INTERPRETATION SERVICE CONTRACTOR CLAUSES and CONDITIONS
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IMMIGRATION AND REFUGEE BOARD OF CANADA CODE OF CONDUCT FOR INTERPRETER SERVICE CONTRACTORS

INTERPRETER SERVICE CONTRACTORS providing services to the Immigration and Refugee Board of Canada (the "BOARD") shall comply with the rules that are set out in the following Code of Conduct.

Rule 1 - CONDUCT GENERALLY

INTERPRETER SERVICE CONTRACTORS shall, at all times, conduct themselves with courtesy, discretion and decorum and provide high-quality services to assist the BOARD in its proceedings.
On the day of the proceeding, the INTERPRETER SERVICE CONTRACTOR shall go directly to the reception area or designated area for INTERPRETER SERVICE CONTRACTORS. A case management officer or a clerk will meet the INTERPRETER SERVICE CONTRACTOR and inform them of the assigned case.
If the proceedings are recessed, adjourned, postponed, delayed or concluded the INTERPRETER SERVICE CONTRACTOR shall return immediately to the reception area or designated area FOR INTERPRETER SERVICE CONTRACTORS to await further instructions; in the event that the INTERPRETER SERVICE CONTRACTOR does not return immediately to the reception/designated area, they shall keep the case management officer or clerk informed of their whereabouts in case further interpretation services are required.
At no time shall the INTERPRETER SERVICE CONTRACTOR withdraw from, or leave, a proceeding without discussing the reasons for this with the BOARD official directing the proceeding.

Rule 2 - COMPETENCE

INTERPRETER SERVICE CONTRACTORS shall only undertake to provide and shall only provide services for which they have the required competence.
If at any time the INTERPRETER SERVICE CONTRACTOR believes that they are unable to competently interpret or translate what is stated in the source language into the target language, the INTERPRETER SERVICE CONTRACTOR shall, without delay, inform the case management officer or clerk or the BOARD official directing the proceeding, as the case may be.

Rule 3 - CARE, SKILL, DILIGENCE AND EFFICIENCY

INTERPRETER SERVICE CONTRACTORS shall take all reasonable care to faithfully and accurately interpret or translate what is stated in the source language into the target language, having regard primarily to meaning and secondarily to style, without any paraphrasing, embellishment, omission, explanation, or expression of opinion, using the same person as in the source language and the closest natural equivalent of the source language.

Rule 4 - IMPARTIALITY AND AVOIDANCE OF CONFLICT OF INTEREST

INTERPRETER SERVICE CONTRACTORS shall be, and shall appear to be, objective and impartial at all times, inside and outside the conference or hearing room, in relation to any matter for which they provide services to the BOARD.
INTERPRETER SERVICE CONTRACTORS shall avoid, and where it arises, shall, without delay, disclose to the case management officer, clerk or BOARD official directing the proceeding, as the case may be, any real, potential, or apparent conflict of interest in relation to any matter for which they provide services to the BOARD.
Commentary:
1. As soon as an INTERPRETER SERVICE CONTRACTOR becomes aware, for example, of any ties, whether personal, professional, or other, that the INTERPRETER SERVICE CONTRACTOR has or may have with the person with respect to whom they are providing interpretation, the INTERPRETER SERVICE CONTRACTOR must disclose this fact, without delay, to the case management officer or clerk or BOARD official directing the proceeding, as the case may be.
2. An INTERPRETER SERVICE CONTRACTOR likewise must disclose, in the same manner and to the same person, for example, any employment (including federal, provincial or municipal governments) or other activity, association, or private interest, (such as membership in an organization that is critical of or in favour of the government of the country of origin of the person concerned), that may be incompatible with their duties as an INTERPRETER SERVICE CONTRACTOR.
3. An INTERPRETER SERVICE CONTRACTOR is also expected, for example, to refrain from giving advice to, or discussing any aspect of a case with, any of the participants in the proceedings for which the INTERPRETER SERVICE CONTRACTOR is providing services to the BOARD.

Rule 5 - CONFIDENTIALITY

INTERPRETER SERVICE CONTRACTORS shall keep confidential all information gained in the course of providing services to the BOARD. More specifically, INTERPRETER SERVICE CONTRACTORS shall not, either within or outside the BOARD premises, discuss, report on, or give an opinion concerning any matter for which they provide services to the BOARD.
INTERPRETER SERVICE CONTRACTORS must provide services from the BOARD premises or from an isolated room in their residence within Canada where privacy can be maintained. Any other arrangements must be approved by the BOARD in writing.

Rule 6 - COMPLIANCE

INTERPRETER SERVICE CONTRACTORS shall, without delay, disclose to the case management officer or clerk or the BOARD official directing the proceeding, as the case may be, any matter of which they are aware that may impede full compliance with this Code.