Request Access

Terms of Use for Partners

Preamble

Ontario Corps (OC) volunteer portal is a website to enable Ontario residents to register, participate in foundational online training and complete screening to prepare to assist as a volunteer during an Emergency.

All organizations that wish to access the Database must agree to the Terms of Use. Once given access by TBS, Partner Organizations will be able to search the Database maintained on the portal using filtered search parameters in order to recruit registered, screened and trained volunteers that can support efforts during an Emergency.

If a Partner Organization does not comply with the Terms of Use, access to the Database may be denied or revoked. Partner Organizations are not obligated to use the Database to recruit volunteers; it is a resource to supplement existing volunteer lists. There are no costs or fees to use the Database.

As a condition of accessing the Database for the purpose of recruiting volunteers to provide assistance during an Emergency, the Partner Organization hereby agrees to the following terms and conditions:

1. Definitions

"Authorized User(s)" means individual(s) who will have access to and use of the Personal Information on the Database in accordance with this Agreement.

“Breach” means unauthorized access to or collection, use, disclosure or disposal of Personal Information; activity that is deemed “unauthorized” may be in contravention of FIPPA or MFIPPA or PIPEDA.

“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 His Majesty the King in right of Ontario has elected to be closed for business.

“Database” means the information regarding registered volunteers maintained on the OC volunteer portal.

“Emergency” has the same meaning as provided in section 1 of the Emergency Management and Civil Protection Act R.S.O. 1990, c. E.9: “a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to persons or substantial damage to property and that is caused by the forces of nature, a disease or other health risk, an accident or an act whether intentional or otherwise."

“FIPPA” means the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.F.31, as amended from time to time.

“Indemnified Parties” means His Majesty the King in right of Ontario, and includes His ministers, agents, appointees and employees.

“Information” means any information contained in the Database including Personal Information.

“Loss” means any cause of action, liability, loss, cost, damage, or expense (including legal, expert and consultant fees) that anyone incurs or sustains as a result of or in connection with any part of the Agreement.

“MFIPPA” means the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended from time to time.

“Notice” means any communication given or required to be given pursuant to section 9 of the Agreement.

“PIPEDA” means the Personal Information Protection and Electronic Documents Act, S.C 2000, c. 5, as amended from time to time.

“Partner Organization” means a municipality, First Nation community or Non-Governmental organization responsible for emergency management that has agreed to these Terms of Use and has been given access to the Database.

“Personal Information” has the same definition as provided in FIPPA and includes the information collected by TBS and kept on the Database.

“Proceeding” means any action, claim, demand, lawsuit, or other proceeding that anyone makes, brings or prosecutes as a result of or in connection with the Agreement.

“TBS” means His Majesty the King in right of Ontario as represented by the President of the Treasury Board.

“Third Party” means any individual or organization other than the Authorized User(s) of a Partner Organization.

“Terms or Agreement” means this Terms of Use, including any schedule or appendix hereto, as amended from time to time.

“OC” means Ontario Corps.

2. Purpose of the Ontario Corps volunteer portal and Use of Information from the Database

2.1 Access to the Database is only for purpose of recruiting volunteers to aid with an Emergency.

2.2 A Partner Organization can only use the Database to identify individuals with the skills and qualifications necessary to fulfill the activity the Partner Organization is undertaking in response to an Emergency.

2.3 When a Partner Organization is responding to an Emergency in a location where access to the internet and the OC volunteer portal may not be reliable, the Partner Organization may, in preparing to assist with the Emergency at such a location, download Information into a separate document to use at the location of the Emergency to ensure that volunteers can be contacted.

2.4 Where a Partner Organization has downloaded Information as contemplated in section 2.3, the Partner Organization is permitted to make copies or share the Information with other staff in the Partner Organization, only insofar as it is necessary to facilitate contact with volunteers to respond to the Emergency.

3. Term of Agreement

3.1 This Agreement is effective when the Partner Organization agrees to the Terms of Use and ends on the date it is terminated in accordance with Sections 8 and 13.

4. Roles & Responsibilities

4.1 The Partner Organization is responsible for:

1. Providing specific/additional training for volunteers recruited from the OC volunteer portal required for deployment.
2. At the request of TBS, providing data to TBS about the deployment. At minimum this would include the number of volunteers deployed and the types of Emergency they were deployed for. This data would be used to track the use of the Database.
3. Contacting volunteers to offer opportunities. Registration by a volunteer does not mean they consent to every deployment.
4. Coordinating, managing and paying any costs related to the deployment of volunteers.
5. Controlling access to the premises where the Personal Information is stored or used.
6. Immediately notifying TBS in the event of a Breach, taking reasonable steps to prevent the reoccurrence of any unauthorized use, access, disclosure or destruction of the Information, and notifying TBS in writing of the steps taken.
7. Cooperating with and providing to TBS any assistance that is reasonably required in addressing a Breach.
8. Maintaining the confidentiality and integrity of the Information the Authorized User(s) has access to and safeguarding the Information against accidental or unauthorized access, disclosure, use, modification, and deletion.
9. Ensuring the safety and well-being of volunteers while under the Partner Organization’s supervision.
10. Providing liability insurance for volunteers.
11. Ensuring fair and equitable treatment of all volunteers deployed to support in an Emergency.
12. Ensuring direct supervision of any volunteer under the age of 18.

5. Prohibited Uses of Information

5.1 The Partner Organization agrees that only Authorized Persons within the Partner Organization will access and use Information and such access and use is limited to fulfilling the purposes described in section 2. The Partner Organization further agrees that Information cannot be used to recruit volunteers to assist with matters other than Emergency assistance, including the day-to-day operations/activities or special events of the Partner Organization.

5.2 Without limiting the generality of the foregoing, the following uses of any Information collected from the Database are strictly prohibited:

1. Duplicating by any means, in any format and by any medium except as permitted under sections 2.3 and 2.4.
2. Storing beyond what is permitted by the Terms of Use.
3. Disclosing to any Third Party unless required by law or permitted under sections 2.3 and 2.4.
4. Publishing or making publicly available.

5.3 The provisions respecting prohibited uses of Information and security are required to be adhered to whenever an Authorized User is accessing the database.

6. Retention and Destruction of Information

6.1 The Partner Organization is permitted to retain the Information only for as long as necessary to respond to the Emergency, after which the Partner Organization shall destroy the Information in a manner that ensures the Information is completely irretrievable at the end of the deployment.

6.2 The Partner Organization will not engage a Third Party for the purpose of destroying the Information and only Authorized Users shall perform this function unless the express prior, written approval of TBS is obtained.

6.3 If requested, the Partner Organization shall provide a certificate of destruction which lists any applicable file identification name/number, the date of destruction, and the name, title and signature of the Authorized User supervising the destruction.

7. Indemnification

7.1 The Partner Organization will indemnify and hold harmless the Indemnified Parties from and against any Loss and any Proceeding, unless solely caused by the gross negligence or wilful misconduct of the Indemnified Parties.

8. Event of Default

8.1 In the event a Partner Organization defaults on any of the conditions above, access to the Database will be terminated and the TBS will provide written notice outlining the reason for the termination.

9. Notice

9.1 Notices under this Agreement shall be in writing and shall be delivered by e-mail to the other party. TBS can be contacted at EMOPreparednessPrograms@ontario.ca

Each Authorized User from a Partner Organization must provide their email address when agreeing to the Terms of Use.

10. Audit

10.1 TBS or any person authorized by TBS may conduct an audit concerning the Partner Organization’s compliance with this Agreement. TBS or the authorized person may upon 24 hours prior written Notice to the Partner Organization, or without Notice where the audit is in respect of a suspected breach of this Agreement, conduct an audit, at any time during the Partner Organization’s normal business hours, of the physical premises where the Information is located. TBS or the authorized person may also conduct such an audit by any electronic means available to TBS. The Partner Organization shall cooperate with TBS or the authorized person in conducting such an audit.

10.2 Audits will be coordinated and conducted according to Ontario Internal Audit Division's professional standards and guidelines.

10.3 A report of the audit results and any action plans resulting from the audit will be sent to the Authorized User(s).

11. Intellectual Property

11.1 TBS and its respective licensors and service providers will be and remain the sole and exclusive owners of all rights, titles and interests, including all Intellectual Property, in and to the Information, the Database and the OC volunteer portal. Nothing in these terms transfers any right, title or interest in or to the Information, the Database or the OC volunteer portal to the Partner Organization.

12. Access No Longer Required

12.1 If access to the Database is no longer required by an Authorized User within a Partner Organization (e.g., if a person has changed roles or left the organization) the Partner Organization will give Notice to TBS within five Business Days Upon receipt of Notice, TBS will revoke the Authorized User’s access.

12.2 If a Partner Organization no longer wants or requires access to the Database, the Partner Organization will give Notice to TBS within five Business Days. Upon receipt of Notice, TBS will revoke access for all Authorized Users that are associated with the Partner Organization.

Clicking “I agree to the Terms of Use” below means agreement to the Terms of Use outlined above.