COVID-19 Special Leave Fund Terms & Conditions

By submitting the Covid-19 Special Leave Fund application (the “Application”), the applicant (the “Business”) agrees to the following Terms and Conditions for the COVID-19 Special Leave Fund (the “Fund”). These Terms and Conditions, the Application, the Employee Declaration Form (Employer stream), the Attachments, and the Fund Guidelines constitute the entire Agreement between the parties.
 
The financial assistance from the Fund is subject to Innovation PEI’s acceptance of actual Eligible Wages paid, or to be paid, to PEI residents who are employees of the Business, and who have missed  scheduled time due to  COVID-19, as specified within the definition for “Eligible Wages” below,  and who do not have access to paid sick leave or qualify for the Canada Recovery Sickness Benefit, Canada Recovery Caregiver Benefit, other provincial programs, or other income replacement or insurance programs.  

The financial assistance will be calculated at the rate of up to $20/hour to a maximum daily reimbursement rate of $160/day, per employee or self-employed person.

Payment will be based on the actual Eligible Wages as evidenced at the time of application, including Mandatory Employer Related Costs (“MERCs”), but in no event will payment exceed the hourly or daily maximum.  

DEFINITIONS 

“Business” means the business or self-employed person identified on the Application form. 
“Contribution” means the financial assistance from the Fund approved for the Business.  
“Project” means the specified project-related activities, time, wage, or undertaking presented in the Business’s Application. 
“Eligible Wages” means the wage and related MERCs of a PEI-based employee(s)that have been identified by the Business as being special leave due to COVID-19 illness, testing, vaccination appointment or self-isolation requirements; or to care for their child(ren) or family member requiring supervised care who cannot attend their school or regular care provider due to COVID-19 closures, sickness or self-isolation, and accepted by Innovation PEI, and in accordance with generally accepted accounting principles, excluding the following items: 

• Expenses incurred before March 1, 2021, or after March 31, 2023; 
• Speculative commission-based earnings;
• Wages for employee(s)/self-employed person who lost more than 50% of their scheduled time in a one-week period prior to May 7, 2022, due to, illness, COVID-19 testing  and/or vaccination appointment or self-isolation requirements, or to care for their child(ren) who cannot attend their school or regular childcare due to COVID-19 closures, or because their child is sick or self-isolating;
• Wages paid that qualify for paid sick leave or coverage through Canada Recovery Sickness Benefit, Workers Compensation benefits, Canada Recovery Care-giving Benefit, or other provincial programs, or any other income replacement or insurance program;
• Wages in excess of 3 days per week, per employee or self-employed person, prior to May 7, 2022;
• Wages in excess of 5 days per week, per employee or self-employed person, from May 8 to March 31, 2023;
• Wages in excess of 6 days, per employee or self-employed person prior to May 7, 2022;
• Wages in excess of 10 days, per employee or self-employed person, from March 1, 2021 to March 31, 2023;
• Other Costs deemed not to be related to the Fund.

PAYMENT 

Payment will be based on the Eligible Wages identified on the application but shall not exceed the rate of up to $20/hour to a maximum daily reimbursement rate of $160/day.  The Contribution will be paid directly to the Business bank account using direct deposit, provided that the: 

• Business attested wages have been paid or to be paid to the employee(s) for time lost; 
• Business provided complete and accurate business banking information;  
• Business provided a completed Application, including signed Employee Declaration Form for each individual listed on the Application and any additional supporting documents requested; 
• Business agreed to retain all documents for a period of three (3) years for audit purposes; 
• Availability of Fund budget; and
• Business agrees to these Terms and Conditions.

ADDITIONAL CONDITIONS 

In addition to the foregoing, the Business agrees to the following conditions: 

1. Innovation PEI may decline to contribute to any Eligible Wages not identified on the Application. 
2. To pay employees and submit an Application not later than thirty days after March 31, 2023.  If an Application is not received by Innovation PEI by April 30, 2023, the Business has no future claim to payment of the Contribution. 
3. The Business consents to have Innovation PEI make any inquiries of such persons, employees, firms or corporations, and review other COVID-19 Applications, as it deems necessary in order to reach a decision on this Application.
4. Release of information related to the funding may be made under the terms and conditions of this Agreement.  No announcements may be made by the Business without the written approval of Innovation PEI. 
5. No member of the Legislative Assembly shall be admitted to any part or share of this Agreement, or to any benefits to arise therefrom. 
6. Should the Business fail to abide by any of the conditions of this Agreement, Innovation PEI may require that the Contribution be repaid on demand and any unpaid amounts may be revoked. 
7. The Business will provide all information required by Innovation PEI to complete the assessment of this Application and make payment; 
8. To permit any authorized representative of Innovation PEI reasonable access to the Business’s premises or employees identified on the Application to confirm information and completion of the Project;
9. The information provided in this Application is subject to a proof-of-evidence request at any time for the duration of the COVID-19 Special Leave Fund.  The Business agrees to preserve and keep available for audit the books, accounts, and records of individuals and Eligible Wages for a three (3) year period. The Business will permit an authorized representative of Innovation PEI reasonable access to the same for the purpose of an audit, and supply such statistical data as may be required by Innovation PEI; 
10. The Business shall indemnify and save Innovation PEI harmless from all claims, demands, actions, and causes of action of third parties that may arise out of this Project. 

OTHER ASSISTANCE 

The Business may not receive non-repayable financial assistance from any other source for the Project and Eligible Wages.  If the Business accepts any non-repayable financial assistance from any other source for the Project, Innovation PEI’s approval of the Contribution will be null and void. 

5.0 JURISDICTION 

This Agreement shall be governed by and construed according to the laws of the Province of Prince Edward Island and the federal laws of Canada applicable therein, and no action or proceeding shall be brought to construe or enforce this Agreement except in those courts having jurisdiction in the Province of Prince Edward Island. 

6.0 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT 

Information contained in and collected in relation to this Agreement is subject to, and will be treated in accordance with, the Prince Edward Island Freedom of

Information and Protection of Privacy Act. The amount of the Contribution may be disclosed at the discretion of Innovation PEI and in accordance with the Freedom of

Information and Protection of Privacy Act R.S.P.E.I. 1988, Cap. F-15.01. 

Personal information on this form is collected under Section 31(c) of the Freedom of Information and Protection of Privacy Act and is necessary to determine your suitability and/or eligibility for programs delivered by Innovation PEI.  

If you have any questions about this collection of personal information, you may contact Innovation PEI, Toll Free: 1-800-563-3734 or Email: business@gov.pe.ca