Common use of Information and Communications Clause in Contracts

Information and Communications. (a) All documents including proposals submitted to the City will be subject to provisions and disclosure requirements under the Right to Information and Protection of Privacy Act (New Brunswick). In addition, all information provided by the Recipient to the City may be provided by the City to the Canada Mortgage and Housing Corporation, which information will be subject to the Access to Information Act (Canada), the Privacy Act (Canada) and the applicable provincial, territorial or municipal freedom of information and privacy legislation. (b) Subject to the Right to Information and Protection of Privacy Act (New Brunswick), the Access to Information Act (Canada), the Privacy Act (Canada), and the applicable provincial, territorial or municipal freedom of information and privacy legislation, the Parties shall hold confidential any information clearly identified and marked as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Nothing in this Agreement shall be construed in a manner that would contravene the access to information and privacy legislation that applies to the Parties. (c) The Recipient consents to the collection, use and disclosure of information submitted to the City by the Recipient for the following purposes: (i) to provide that information to the Canada Mortgage and Housing Corporation to assess the project’s eligibility under its Rapid Housing Initiative program and the CMHC Agreement; (ii) for analytics, policy analysis, auditing and research by the City and or the Canada Mortgage and Housing Corporation; (iii) to communicate to the Recipient possible opportunities under other programs, or possible collaboration opportunities with third parties; (iv) for evaluation of the Rapid Housing Initiative of the Canada Mortgage and Housing Corporation; (v) for use by Canada Mortgage and Housing Corporation in and the Government of Canada for purposes related to the National Housing Act (Canada); and (vi) for information verification and due diligence purposes, including to detect and protect City and the Canada Mortgage and Housing Corporation from errors and fraud. The Recipient shall obtain the foregoing consents from any third party intermediary engaged by the Recipient to construct and/or operate the Units. (d) The City and its representatives are authorized to use and disclose the information, on a need to know basis, to City employees, officers, directors and councilors, the Canada Mortgage and Housing Corporation and its employees, officers and directors, the office of the Minister responsible for Canada Mortgage and Housing Corporation and provincial/territorial/municipal entities collaborating with the Canada Mortgage and Housing Corporation for the purposes outlined in Section 6(c) of this Schedule C. (e) Any public communications related to projects under this Agreement must be approved in advance by the City. (f) If requested by the City, the Recipient shall publicly acknowledge City’s and/or Canada Mortgage and Housing Corporation’s and the Government of Canada’s Contribution under this Agreement in a manner acceptable to such party, acting reasonably, including through use of signage at the project.