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Terms of Use for Member Organizations

Preamble

Ontario Corps (OC) Volunteer Registration 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. The Ontario Corps Member Portal is a database where Member Organizations can access a list of deployable volunteers registered on the Ontario Corps Volunteer Portal.

Only municipalities, Indigenous communities, Indigenous service organizations and non-governmental organizations that have an emergency management mandate or responsibility are eligible to be granted access to the Ontario Corps Member Portal. Organizations that do not have an emergency management mandate or responsibility are not eligible and therefore will not be granted access to the portal.

Eligible organizations that are requesting access to the Database must first provide the required information below and agree to the Terms of Use. Once access has been granted by the Ministry of Emergency Preparedness and Response (MEPR), Member Organizations can use filtered search parameters to search and recruit registered, screened and trained volunteers that can support efforts during an Emergency.

If a Member Organization does not comply with the Terms of Use, access to the Database may be terminated. There are no costs or fees to use the Database.

Member Organizations must provide the email addresses of each Authorized User when agreeing to the Terms of Use.

As part of the process to sign-up for the Ontario Corps Member Portal as a registered Member Organization, eligible organizations are required to provide an attestation from their Board of Directors or equivalent governing body to MEPR through EMOPreparednessPrograms@ontario.ca. The attestation must confirm the organization's intent to register as a Member Organization and to appoint Authorized Users.

Furthermore, the Member Organization hereby agrees to the following, which constitutes a legal agreement between the Member Organization and His Majesty the King in right of Ontario as represented by the Minister of Emergency Preparedness and Response (the "Agreement"):

1. Definitions

"Authorized User(s)" means the individual(s) who will have access to and use of the information on the Database, within their Member Organization, 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 Ontario Corps Volunteer Registration 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.

"Intellectual Property" means any intellectual, industrial or other proprietary right of any type in any form protected or protectable under the laws of Canada, any foreign country, or any political subdivision of any country, including, without limitation, any intellectual, industrial or proprietary rights protected or protectable by legislation, by common law or at equity.

"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.

"MEPR" means His Majesty the King in right of Ontario as represented by the Minister of Emergency Preparedness and Response.

"Member Organization" means an eligible municipality, Indigenous community, Indigenous service organization, or non-governmental organization responsible for emergency management that has agreed to these Terms of Use and has been given access to the Database.

"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 the Agreement.

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

"Personal Information" has the same meaning as provided in FIPPA and includes the information collected by MEPR 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.

"Third Party" means any individual or organization other than the Authorized User(s) of a Member Organization.

"Terms of Use" means the Terms of Use for the Member Organizations to access the Database, including this Agreement and any schedule or appendix hereto, as amended from time to time.

Section 1 survives any termination or expiry of the Agreement.

2. Purpose of the Ontario Corps Member 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 Member Organization can only use the Database to identify individuals with the skills and qualifications necessary to fulfill the activity the Member Organization is undertaking in response to an Emergency.

2.3 Access to the Database is not indicative of aligned values between MEPR and Member Organizations. Member Organizations must not represent their values and beliefs as being endorsed by MEPR based on their access to the Database.

3. Term of Agreement

3.1 This Agreement is effective when the Member Organization agrees to the Terms of Use and ends on the date access is terminated in accordance with Sections 8.1 and 12.2.

4. Roles & Responsibilities

4.1 The Member Organization is responsible for:

1. Providing specific/additional training for volunteers recruited from the Ontario Corps Volunteer Registration Portal required for deployment.
2. At the request of MEPR, providing data to MEPR about the deployment. At minimum this would include the number of volunteers deployed and the types of Emergencies 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 that assist the Member Organization.
5. Controlling access to the premises of the Member Organization where the Personal Information is stored or used.
6. Immediately notifying MEPR 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 MEPR in writing of the steps taken.
7. Cooperating with and providing to MEPR any assistance that is reasonably required in addressing a Breach.
8. Maintaining the confidentiality and integrity of the Information the Member Organization 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 Member 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.
13. Ensuring their Authorized Users act in accordance with the Terms of Use.

5. Prohibited Uses of Information

5.1 The Member Organization agrees that only Authorized Users within the Member Organization will access and use Information and such access and use is limited to fulfilling the purposes described in sections 2.1 and 2.2. The Member 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 Member 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 5.3 and 5.4.
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 5.3 and 5.4.
4. Publishing or making publicly available.

5.3 When a Member Organization is responding to an Emergency in a location where access to the internet and the Ontario Corps Volunteer Registration Portal may not be reliable, the Member 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.

5.4 Where a Member Organization has downloaded Information as contemplated in section 5.3, the Member Organization is permitted to make copies or share the Information with other staff in the Member Organization, only insofar as it is necessary to facilitate contact with volunteers to respond to the Emergency.

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

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

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

7. Indemnification

7.1 The Member 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.

7.2 Section 7.1 survives any termination or expiry of the Agreement.

8. Event of Default

8.1 If, in the opinion of MEPR, a Member Organization defaults on any of the provisions within this Agreement, access to the Database may, at any time and without liability, penalty or costs to MEPR, be temporarily suspended or terminated.

8.2 Suspension or termination of access under section 8.1 may take effect immediately without prior Notice or at such other time as MEPR specifies in Notice.

8.3 If access is suspended or terminated under section 8.1, MEPR will provide Notice to the Member Organization outlining the reason for the suspension or termination.

8.4 If access is suspended under section 8.1, MEPR may by Notice provide the Member Organization with an opportunity to remedy the default and may attach any terms and conditions that the Member Organization must comply with in order to re-establish access to the Database.

9. Notice

9.1 Notice under this Agreement shall be in writing and shall be delivered by e-mail to the other party.

9.2 Notice to MEPR shall be delivered to EMOPreparednessPrograms@ontario.ca.

9.3 Notice to the Member Organization shall be delivered to the individual who completes the Member Organization's request for access to the Database or such other individual or individuals as the Member Organization later designates to MEPR by Notice.

10. Audit

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

10.2 A report of the audit results and any action plans resulting from the audit will be sent to the Member Organization.

11. Intellectual Property

11.1 His Majesty the King in right of Ontario 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 Ontario Corps Volunteer Registration Portal. Nothing in these terms transfers any right, title or interest in or to the Information, the Database or the Ontario Corps Volunteer Registration Portal to the Member Organization.

11.2 Section 11.1 survives any termination or expiry of the Agreement.

12. Access No Longer Required

12.1 If access to the Database is no longer required by an Authorized User within a Member Organization (e.g., if a person has changed roles or left the organization) the Member Organization will give Notice to MEPR within five Business Days at EMOPreparednessPrograms@ontario.ca. Upon receipt of Notice, MEPR will terminate the Authorized User's access.

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

Clicking "We/I agree to the Terms of Use" below means agreement to the Terms of Use outlined above.