“Applicant” means a Person who applies for funding to the Program. An Applicant represents all Project Participants of the Supply Chain in the Project. There will be only one Applicant per Project. An Applicant may demonstrate partnerships, business agreements, memoranda of understandings, or other business arrangements for the sake of demonstrating an RNG Transportation Supply Chain in a Project.
“Approved Project” means a Project for which an application to the Program has been submitted, which is subsequently selected by OCE for contracting, and whose Applicant enters into a Funding Agreement with OCE to receive Project Funds.
“Funding Agreement” means an agreement that OCE enters into with an applicant to provide funds for the applicant’s Approved Project under the Program.
“Funded Component” means one or more complete individual components of the Supply Chain, including an anaerobic digestion facility, an RNG upgrader, a natural gas fuel station, or natural gas vehicles.
“OCE” means Ontario Centres of Excellence Inc.
“Operational Status” means the component(s) of the Supply Chain that receives funding will be fully operational by the Project Completion Date. This means that the equipment is in place, has met the required approvals needed for operation, and can physically operate.
“Project Participant” means a Person with activity in the Project, in the form of incurring Eligible Costs, or demonstrating financial participation through written agreements. Project Participants include the Ultimate Recipient, and may include the AD Facility owner, a trucking company owner, other businesses, or a Rural Municipality. Project Participants may also include digester feedstock suppliers, fuel station operators, fleet service end-users or others.
“Program” means the Agrifood Renewable Natural Gas for Transportation Demonstration Program.
“Project” means the activity that is being completed which will incur costs that are eligible for cost share within the Program. A Project will represent one or several parts of a Supply Chain.
“Project Funds” means the funds specified in the Funding Agreement between OCE and the Applicant.
"Renewable Natural Gas (RNG) Transportation Fuel" is fuel used by wheeled vehicles that are owned by Project Partners.
“Rural municipality” means a municipality described by a Statistics Canada's census subdivision that meets at least one of the following criteria: has a population of less than 100,000 people or has a population density of 100 people per square kilometer or less.
“Selected Applicant” means the Applicant for an Approved Project.
“Supply Chain” means the complete supply chain comprised of an anaerobic digestion facility that produces biogas converted to RNG for vehicle fuelling by Vehicle Users. Supply Chain is also referred to as RNG Transportation Supply Chain in this document.
“Vehicle Users” means the individual, corporation or any combination of those that operate vehicles that use natural gas as a transportation fuel. For the purpose of this Program some or all of the natural gas used by the vehicles will be renewable natural gas.
By submitting a Full Application, you confirm that you have read, understand and accept the information contained in this Program Guidelines document and, that each of you, the applicant (the “Applicant”) and any Project Participants, agree as follows:
- Ontario Centres of Excellence (“OCE”) and its partners (collectively the “Funders”) are relying on the information provided in this Program Guideline and in the Application for all purposes relating hereto. The Applicant acknowledges that it has reviewed, and that it is in compliance with, all applicable terms and conditions as stated within the Program Guidelines.
- The Funders may at any time withdraw, suspend, cancel, terminate, amend or alter all or any portion of this Program Guideline, including, but not limited to, the requirements, the selection and review process and the eligibility criteria.
- The Funders reserve the unqualified right to accept or reject any or all Applications for any reason. The Funders are not required to accept the highest ranked Application nor are they required to accept any Application recommended by the applicable evaluators.
- The final decision with respect to the projects to be offered contracts rests solely with the Funders. The evaluation of Applications may be based on, but is not in any way limited to, the criteria set out in this Program Guideline. The Funders may consider any criteria determined to be relevant to the mandates of The Funders, regardless of whether such additional criteria have been disclosed to the Applicant.
- Applications that do not comply with the requirements described in this Program Guideline may be rejected in whole or in part or not considered by the Funders. The Funders reserve the unqualified right to accept or reject a non-compliant Applications.
- This Program Guideline is an invitation only. It is not a funding offer and the submission of an Application does not create a contract or agreement of any kind between the Funders and the Applicant.
- No conduct, act or omission of the Funders, or their directors, officers, consultants, project advisors, agents, servants and their respective successors and assigns (collectively the “Funding Parties”) other than a written notice to the Applicant signed by an authorized person for the Funders, will constitute an acceptance of an Application.
- Acceptance of an Application does not create a binding contract between the Funders and the Applicant. The Funders shall not be obligated in any manner whatsoever to any Applicant until a written contribution agreement (“Contribution Agreement”) between the Funders and the Applicant has been duly executed relating to an approved Full Proposal (FP).
- If the Project is accepted for funding, the Project Participants will complete an environmental self-assessment to determine if any environmental assessments are required under federal, provincial, territorial or municipal legislation and if it is determined that such an environmental assessment is required, the Applicant shall be responsible for ensuring that such environmental assessments are completed.
- As between the parties, the Application and all information, documents and materials submitted to the Funders in connection with this (collectively, “Applicant Information”) are the exclusive property of the Funders immediately upon delivery to the Funders. For clarity, this refers to the materials themselves, not to any technology or innovations disclosed or discussed there. Intellectual property developed during the course of the Project will be addressed through the Contribution Agreement and will normally be owned by the Applicant. For further clarity:
- each Funder may share Applicant Information with the other Funder, with the Funding Parties, and with other agencies or third parties who are part of the assessment of the Application; and
- the individuals or organizations referred to in the Application may be contacted directly by the Funders as part of the assessment of the Application.
- You, the Applicant and any Project Participants will keep this Application and FP confidential and will not use, reproduce or distribute it, any portion of it, or any data, information, drawings or specifications included in or provided with it except as necessary to prepare an Application and FP as requested by the Funders.
- Neither the Funders nor any of the Funding Parties will have any liability whatsoever to you, the Applicant or any Project Participants, or any of them, in connection with this Call or any Application prepared in response to it.
- You, the Applicant and any Project Participants will not make a claim against the Funders or the Funding Parties for any reason whatsoever or howsoever relating to this Call. You are undertaking the expenditures required to prepare and submit an Application entirely at your own risk, and you waive any right and release the Funders and the Funding Parties from any demands, liability, claim or recovery for costs, expenses, or damages incurred whatsoever or howsoever arising out of or relating to this Call or any Application prepared in response to it, whether such right or claim arises in contract, negligence or otherwise.
- If you, the Applicant, generate revenue from the project or project assets during the project, such revenue must flow back into the Project to offset project costs; under no circumstances can the Applicant or other consortium members or related parties profit from the Project or the Project assets during the project period of funding.
- The Funders take no responsibility for the accuracy of the information supplied during this Call by the Funders or the Funding Parties.
- The Applicant hereby represents and warrants that:
- there are no actions, suits, investigations or other proceedings pending or, to the knowledge of the undersigned, threatened against the Applicant, the Project or the Project assets, including any intellectual property forming part of the Project and to the best of the undersigned’s knowledge there is no order, judgment or decree of any court or governmental agency which could materially and adversely affect the activities contemplated by the Contribution Agreement to be entered into between the Funders and the Applicant and the performance by the Applicant of its duties and obligations under such Contribution Agreement;
- all factual matters contained in the Application and Applicant Information are true and accurate, and that all estimates, forecasts and other related matters involving judgment were prepared in good faith and to the best of the Applicant’s ability, skill and judgment;
- the Application and Applicant Information does not contain any untrue statement of a material fact nor omit to state a material fact necessary to make the statements contained herein or therein, in light of the circumstances under which they were made, not misleading:
- to the best of the Applicant’s knowledge the Applicant:
- has in respect to the Project assessed trade and competition impacts, including compliance with international agreements; and
- the Project complies with all applicable federal, provincial/territorial and municipal legislation; and
- neither the Applicant nor to the knowledge of the Applicant, any Project Participant, has paid or agreed to pay either directly or indirectly, any contingency fees for the solicitation, negotiation, or obtaining of OCE funding, to any person including a broker, consultant or advisor. "Contingency fee" means any payment or other compensation that is contingent upon or is calculated upon the basis of a degree of success in soliciting or obtaining OCE funding. It is OCE policy that any applications or proposals that involve the payment of a contingency fee will be rejected.
Neither the Funders nor any of the Funding Parties will have any liability whatsoever or howsoever to any one or more of you, the Applicant and any Project Participants, or any of them, in connection with this Call or prepared in response to it.