Introduction and Overview
The Government of Manitoba (“Manitoba”) has established a fund for the purpose of supporting and protecting Full-Time Licensed Manitoba Resource Tourism Operators impacted by COVID-19 public health orders (the “Program”). The Program will be administered by Manitoba Lodges and Outfitters Association, in partnership with the Manitoba Hotel Association (collectively, the “Funding Partners”), pursuant to these terms and conditions (the “Terms and Conditions”).
The Program operates as a rebate program to provide financial assistance to participants in the Program (collectively, the “Participants” and, individually, a “Participant”) who are able to provide evidence that they experienced a minimum 30% reduction in revenue from 2019 to 2020.
Participants operating a resource tourism operation or accommodation will be entitled to receive reimbursement for Eligible Costs (as defined below) incurred for the period commencing April 1, 2020. As used in these Terms and Conditions, “Term” shall mean such period, as applicable.
Eligible Costs
For the purpose of these Terms and Conditions, “Eligible Costs” means:
(a) Property Tax (location of lodge and/or out camps where lodge/outfitting/accommodation business is conducted)
(b) Crown Land Fees
(c) Resource Tourism Operator Fees
(d) Permit Fees
(e) Insurance
(f) Manitoba Public Insurance/Equipment Insurance
(g) Annual Government Service Fees
(h) Maintenance of Outcamps ($250/each) (boat to or fly to with a permanent lodging building)
(i) Private Land Leases (10%)
(j) Resource Retention (10%)
Eligible Costs do not include the amount of any Federal Goods and Services Tax or the amount of any Manitoba Retail Sales Tax for which the Participant is entitled to any refund or credit, whether received, applied for or for which an application could be made.
Disbursement to a Participant
Subject to the formula for allocation and distribution of funding pursuant to the Program as determined by Manitoba, the Funding Partners will reimburse a Participant for Eligible Costs incurred during the Term within a reasonable period of time following the approval of the Participant’s Hospitality Sector Relief Program Application (the “Application”). The Application may be found at www.mloa.com/hsrp.
Payment to a Participant of any amount pursuant to the Program is conditional upon:
- the Participant’s compliance with these Terms and Conditions; and
- Manitoba’s agreement to continue, and to appropriate funding to, the Program.
The Funding Partners reserve the right to withdraw or temporarily change or suspend all or part of the Program in any way at any time.
Participant’s Covenants
Each Participant covenants and agrees that, both during the Term and subsequent thereto, it ensured that:
(a) all necessary licences, permits and approvals required for the operation of its business by applicable legislation, regulations and by-laws were obtained and remain in force; and
(b) all applicable laws and regulatory requirements, whether federal, provincial or municipal, including (without limitation) all environmental, labour and human rights legislation, were and are being complied with in the operation of its business.
Participant’s Representations and Warranties
Each Participant represents and warrants to the Funding Partners that:
(a) all materials and information that have been, and/or that will be, provided by the Participant to the Funding Partners in connection with the Application are true and accurate and do not omit any material facts; and
(b) the Participant is in good standing with the Manitoba Companies Office with respect to the filing of business name registrations or annual returns, as applicable, and has full power and authority to own its assets and to carry on its business as now carried on in Manitoba.
Evaluation
To determine the effectiveness of the Program, it may be necessary that a review, involving peer-review, and/or formal evaluation be carried out by or on behalf of the Funding Partners. Such an evaluation may involve surveys, interviews, and analysis of data and information available to a Participant. Each Participant agrees to participate in any such review or evaluation and to make information and records available upon request.
Default and Remedies
In the event that a Participant has:
(a) submitted fraudulent, false or misleading information or has made misrepresentations to the Funding Partners or either of them; or
(b) not substantially met or satisfied any of the provisions of these Terms and Conditions;
then, notwithstanding anything herein contained to the contrary, the Funding Partners may require that the Participant repay all amounts received under the Program, plus other reasonable expenses incurred by the Funding Partners or either of them in the preparation, administration and/or enforcement of these Terms and Conditions including, but not limited to, legal and accounting fees. The foregoing rights and remedies are cumulative and are not exclusive of any other rights or remedies the Funding Partners, or either of them, might otherwise have.
Indemnification
EACH PARTICIPANT HEREBY COVENANTS AND AGREES TO BE SOLELY RESPONSIBLE FOR, AND TO SAVE HARMLESS AND INDEMNIFY THE FUNDING PARTNERS AND MANITOBA AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST, ALL CLAIMS AND DEMANDS, LOSSES, DAMAGES, COSTS, EXPENSES, ECONOMIC LOSSES, ACTIONS AND OTHER PROCEEDINGS BY WHOMSOEVER MADE, SUSTAINED, BROUGHT, PROSECUTED, THREATENED TO BE BROUGHT OR PROSECUTED IN ANY MANNER, BASED UPON, OCCASIONED BY, ATTRIBUTABLE TO, OR ARISING FROM ANY INJURY TO PERSONS (INCLUDING, WITHOUT LIMITATION, DEATH), DAMAGE OR LOSS TO OR DESTRUCTION OF PROPERTY, ECONOMIC LOSS OR INFRINGEMENT OF RIGHTS CAUSED BY OR ARISING DIRECTLY OR INDIRECTLY FROM:
(a) THE BREACH OF ANY PROVISION OF THESE TERMS AND CONDITIONS BY THE PARTICIPANT OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS; OR
(b) THE ONGOING OPERATION, MAINTENANCE AND REPAIR OF THE PARTICIPANT’S BUSINESS, PROPERTIES, EQUIPMENT AND ANY OTHER PART OF THE PARTICIPANT’S BUSINESS OPERATIONS; OR
(c) ANY OMISSION OR ANY WILFUL OR NEGLIGENT ACT ON THE PART OF THE PARTICIPANT OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS.
Manitoba as a Third Party Beneficiary
Each Participant acknowledges that the funding for the Program (the “Fund”) is provided by Manitoba, and that the Funding Partner’s access to the Fund is conditional upon any person to whom the Funding Partners provide access to funding from the Fund (including, without limitation, the Participant) agreeing to the following provisions, with which the Participant hereby agrees:
(a) to grant representatives of Manitoba and/or the Funding Partners access to all information related to the Eligible Costs claimed by the Participant and all activities performed, and expenditures incurred, by the Participant, in respect of the Program;
(b) that Manitoba and/or the Funding Partners may release or cause to be released to the public and publish or caused to be published by any means the payment or the amount of the payment to the Participant pursuant to the Program and these Terms and Conditions; and
(c) to, when called upon by Manitoba or the Funding Partners, provide support and photos for the development of articles to be used in Manitoba’s and/or the Funding Partners’ respective publications, public websites or both.
The Participant hereby designates Manitoba as a third party beneficiary of the foregoing provisions, having the right to enforce such provisions.
Governing Law
These Terms and Conditions, and all matters arising out of or relating to these Terms and Conditions, the Application submitted by a Participant and/or the Program, shall be governed by and construed in accordance with the laws of the Province of Manitoba and the federal laws of Canada applicable therein, without reference to conflict of laws provisions.
