Multi-Party Agreement, 2002
Multi-Party Agreement, 2002
F O R T H E 2 0 1 0 W I N T E R O LY M P I C A N D PA R A LY M P I C G A M E S
This is a re-formatted version of the original Multi-Party Agreement that was signed between the parties on November 14, 2002.
TA B L E O F C O N T E N T S
DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
ORGANIZATIONAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
OPERATIONAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
CONTRIBUTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
LEGACY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
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THIS AGREEMENT made as of the 14 day of November, 2002.
AMONG:
Her Majesty the Queen in Right of Canada, as represented by the Minister of Canadian Heritage
(hereinafter called “Canada”)
- and -
Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Community,
Aboriginal and Women’s Services
(hereinafter called the “Province”)
- and -
City of Vancouver
(hereinafter called “Vancouver”)
- and -
- and -
- and -
- and -
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WHEREAS:
A. Vancouver, the COC and the Bid Corp have entered into G. Canada has determined, in accordance with the Hosting
the Bid City Agreement in respect of the Games and, with Policy, that the hosting of the Games will advance national
the support of the other Parties and Local First Nations, policy objectives and accrue significant sport, cultural,
Vancouver is submitting to the IOC a Candidature File for social and economic benefits and therefore has agreed
its selection as the host city for the Games; to provide support for the OCOG;
B. In accordance with the Olympic Charter, upon selection H. The Parties believe that hosting the Games in Vancouver
by the IOC of Vancouver as the host city for the Games and Whistler will strengthen the Olympic and Paralympic
in the year 2010, and the entering into of the Host movements worldwide;
City Contract, the OCOG is required to be organized by
I. A successful Games is in the interest of all Canadians and
Vancouver, together with the COC, which is the National
the Parties to this Agreement regard the hosting of the
Olympic Committee for Canada under the Olympic
Games in Canada as an event of national significance,
Charter and, as such, has the authority to designate
therefore the Parties are committed to offering their best
Vancouver as the candidate city for Canada;
efforts toward this end;
C. The COC is recognized by the IOC as the National Olympic
J. The Parties recognize that, should the Games be held in
Committee in Canada and, as such, it has the responsibility
Vancouver and Whistler, they will be a matter of pride to
to develop and protect the Olympic movement in Canada
all Canadians and a credit to Canada and abroad, and
which COC does through being a member of the OCOG
therefore, represent an opportunity to:
and through membership on the board of directors, any
executive committee and various other committees of the (i) strive for excellence in everything they do;
OCOG; (ii) be ethical, honest and act with integrity;
D. The CPC is recognized by the IPC as the National (iii) work cooperatively with Athletes, coaches and the
Paralympic Committee in Canada and, as such, it has Canadian and international sport systems, obtaining and
the responsibility to develop and protect the Paralympic respecting their input and work to maximize a lasting
movement in Canada which CPC does through being a legacy for amateur sport;
member of the OCOG and through membership on the (iv) honour the unique characteristics, values, goals and
board of directors, any executive committee and various principles of the host communities;
other committees of the OCOG;
(v) commit to sustainable economic, social and environmental
E. In accordance with the Olympic Charter, after selection practices as set out in Vancouver’s bid to be awarded the Games;
by the IOC of Vancouver as the host city for the Games
(vi) communicate openly with the public, the IOC and the
and the entering into the Host City Contract by the COC,
host communities;
Vancouver and the IOC, the COC and Vancouver will
(vii) promote opportunities for participation by persons of
incorporate the OCOG;
diverse ethnic, socio-economic and cultural backgrounds,
F. The OCOG will, in accordance with section 2.4(b) of this including persons from Vancouver’s inner city;
Agreement, become a party to this Agreement after it is
(viii) build respectful and mutually beneficial relation-
incorporated and, upon its acceptance of this Agreement,
ships with First Nations, host communities, governments,
will plan, organize, finance and stage the Games, provide
business and sport;
and assist in the preparation of facilities as may be
required for the Games, and leave a tangible legacy, (ix) with respect to Olympic activities, strive to present
including facilities and funding for amateur sport for themselves to the public and the Olympic family in both
future generations; official languages; and
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(x) ensure that the Games facilities are reasonably M. The Parties consider this Agreement to be consistent with
accessible to persons with disabilities; their respective responsibilities to the IOC; and
K. It is expected that permanent, new and renovated Games N. The Parties wish to set forth their respective contributions
facilities funded for the construction or renovation under to the OCOG and the Games, and the conditions governing
this Agreement will remain after the Games as a physical their contributions and the principles of coordination
legacy; among themselves.
L. In order to ensure a lasting sport legacy after the Games, NOW THEREFORE in consideration of the sum of One Dollar
the Parties (other than Canada) agree that the Parties and other valuable consideration (the receipt and sufficiency of
(other than Canada) will establish the 2010 Games which is hereby acknowledged by each Party), the Parties agree
Operating Trust and facilitate the establishment of the as follows:
Whistler Legacies Society;
DEFINITIONS
(a) “2010 Games Operating Trust” means the not-for-profit (i) “Coordinating Committee” means the committee
corporation to be established pursuant to section 35.1 of described in section 37;
this Agreement;
(j) “Covenant” means the respective covenants and guaran-
(b) “Amateur Sport Legacy Fund” means the fund estab- tees provided by each of the four Government Parties as
lished pursuant to section 33.2 of this Agreement, to be set out in Annexes E, F, G and H;
managed by the 2010 Games Operating Trust;
(k) “Deficit” means the excess of capital and operating
(c) “Athletes” means Canadian amateur athletes including expenses over revenues, as disclosed in the final audited
First Nations and other aboriginal athletes, and athletes financial statements of the OCOG;
with a disability;
(l) “Games” means the Olympic Games and the Paralympic
(d) “Bid City Agreement” means the agreement among the Games to be held in and around the city of Vancouver
Canadian Olympic Association (now the COC), the Bid and resort municipality of Whistler in British Columbia,
Corp and Vancouver made as of December 1, 1998; Canada and will include
(e) “Business Plan” means the business plan described in (i) all sport competitions from preliminaries through to
section 4, including any amendments; finals in all events on the program of the Olympic Games
and the Paralympic Games,
(f) “Bylaws” means, as the context requires, either
(ii) opening, closing, awards and other official ceremonies
(i) the draft OCOG bylaws provided by the Bid Corp to
of the Olympic Games and the Paralympic Games,
the Parties (other than Canada) under section 3.2, or
(iii) athletic exhibitions and sports demonstrations
(ii) the OCOG bylaws as approved under section 3.3 of
approved by the OCOG and presented by the OCOG, and
this Agreement, as those bylaws may be amended from
time to time; (iv) all cultural programs and related events arranged
by and/or sanctioned by the OCOG during the Games
(g) “Candidature File” means Part II of the IOC’s Manual for
Period;
Candidate Cities for the XXI Olympic Winter Games 2010,
to be completed and submitted by Vancouver to the IOC; (m) “Games Period” means the period from January 30, 2010
to March 16, 2010;
(h) “Capital Budget” means the capital budget of the OCOG;
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(n) “Government Parties” means jointly, Canada, the (y) “Marketing Plan Agreement” means the agreement
Province, Vancouver and Whistler; to be entered into between the IOC and the OCOG,
as described in section 49(b) of the Host City Contract,
(o) “Government Party” means severally, as the context
and which is to be made legally binding on the OCOG;
requires, Canada, the Province, Vancouver or Whistler;
(z) “Members” means the members as set out in the Bylaws;
(p) “Host City Contract” means the IOC Host City Contract
for the Games which will be entered into among the IOC, (aa) “OCOG” means the Organizing Committee for the
the COC and Vancouver on or around July 2, 2003 if Olympic Games to be formed pursuant to section 2 of
Vancouver is selected by the IOC as the host city for the this Agreement in the event that the Games are awarded
Games; by the IOC to the COC and Vancouver;
(q) “Hosting Policy” means the Federal Policy for Hosting (bb) “Olympic Charter” means the Olympic Charter and
International Sport Events attached as Annex B to this Guidelines of the IOC, as amended from time to time;
Agreement;
(cc) “Olympic Games” means the XXI Olympic Winter Games
(r) “IOC” means the International Olympic Committee; to be held in the year 2010;
(s) “IPC” means the International Paralympic Committee; (dd) “Operating Budget” means the operating budget of
the OCOG;
(t) “Joinder Agreement” means the joinder agreement
substantially in the form set out in Annex J; (ee) “Paralympic Games” means the X Paralympic Winter
Games to be held in the year 2010;
(u) “Joint Marketing Programme Agreement” means the
agreement to be entered into between the COC and (ff) “Parties” means jointly, unless otherwise provided in this
Vancouver, as described in section 49(a) of the Host Agreement, Canada, the Province, Vancouver, Whistler, the
City Contract, and which is to be made legally binding COC, the CPC and, as the context requires, the Bid Corp
on the OCOG; or the OCOG;
(v) “Legacy Endowment Fund” means the fund established (gg) “Party” means severally, as the context requires, Canada,
pursuant to section 34.1 of this Agreement; the Province, Vancouver, Whistler, the COC, the CPC, the
Bid Corp or the OCOG;
(w) “Letters Patent” means the letters patent for the OCOG
granted under Part II of the Canada Corporations Act (hh) “Transition Entity” means the temporary entity described
(Canada), as such letters patent may be amended from in section 1 of this Agreement; and
time to time;
(ii) “Whistler Legacies Society” or “WLS” means the not-for-
(x) “Local First Nations” means the Lil’wat, Squamish, profit corporation to be established pursuant to section
Musqueam and T’sleil-Waututh First Nations, collectively; 36.1 of this Agreement.
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O R G A N I Z AT I O N A L
1.Transition Entity 2.3 The COC and Vancouver, prior to the expiry of 5 months
1.1 As set out in the Bid City Agreement, the COC will following the Games award, will submit an application
incorporate the Transition Entity and will ensure that for letters patent seeking the incorporation of the OCOG,
the Transition Entity is a not-for-profit corporation whose substantially in the form of the draft application for letters
incorporating documents will not be inconsistent with patent as provided under section 2.2.
section 3 of this Agreement and the Bid City Agreement,
2.4 Within 30 days of the incorporation of the OCOG:
as if the Transition Entity were the OCOG.
(a) Bid Corp agrees to assign to the OCOG all its rights,
1.2 The Transition Entity will be incorporated to function,
interests, obligations and liabilities under this Agreement,
between the time of the Games award on or around
the Bid City Agreement and any other agreements
July 2, 2003 until such time as the first meeting of the
entered into by the Bid Corp regarding the planning,
OCOG Board of Directors has been held, to:
organizing, financing and staging of the Games; and
(a) assist in the incorporation of the OCOG, including (b) the Parties, other than Canada, will cause the OCOG to
the development and implementation of a process for
(i) execute the Joinder Agreement, and
the nomination and selection of the OCOG’s CEO for
(ii) accept, in accordance with the Letters Patent and
recommendation to the OCOG Board of Directors;
the Joinder Agreement, such assignment and assume
(b) perform any required planning, organizing, financing the rights, interests, obligations and liabilities of Bid
and staging of the Games, and implementation tasks; and Corp described in section 2.4(a).
(c) wind-up the Bid Corp. 2.5 Following such assignment and assumption described in
1.3 The OCOG will reimburse the COC or Vancouver, as the section 2.4, and subject to section 39, Bid Corp will have
case may be, for any costs incurred by either of them that no further obligations under this Agreement.
are associated with the incorporation, operation and wind-up 2.6 Obligations undertaken under this Agreement by Bid Corp are
of the Transition Entity and the incorporation of the OCOG. sometimes referred to as obligations of the OCOG as if the
assignment described in section 2.4 has already taken place.
(b) promoting Vancouver as the host city, Whistler as the (a) the membership of the OCOG will consist of up to
host resort, the Province as the host province, and 20 Members, who are to be appointed as follows, 3 by
Canada as the host country for the Games; and Canada, 3 by the Province, 2 by Vancouver, 2 by Whistler,
7 by the COC, 1 by the CPC, 1 by the Lil’wat and
(c) providing and assisting in the preparation of facilities
Squamish First Nations acting together, and 1 by vote of
as may be required.
the other Members identified in this section 3.1(a);
2.2 The Parties (other than Canada) hereby acknowledge
(b) the Board of Directors will consist of the persons
receipt of a draft application for letters patent for the
appointed as Members and a person ceases to be a
OCOG from the Bid Corp.
Director upon ceasing to be a Member;
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(c) the appointment of Directors and Members will be Parties must not approve a version of the Bylaws that
made having regard to the principle that, at all times, is inconsistent with the draft bylaws provided to those
the Directors and Members of the OCOG should include Parties by the Bid Corp under section 3.2 of this
women and men who are able to contribute to the Agreement, except as those draft bylaws may be modified
achievement of the objectives of the OCOG; as a consequence of the comments of Industry Canada.
(d) membership on committees of the Board of Directors 3.4 The Letters Patent of the OCOG are subject to the written
will include at least one person appointed as a Member approval of the Parties (other than Canada), but those
and Director by each of the appointing Parties referred to Parties must not approve a version of the Letters Patent
in section 3.1(a) of this Agreement, if such Parties that is inconsistent with the draft application for letters
request; and patent provided to those Parties by the Bid Corp under
(e) Members of the Senate or the House of Commons, section 2.2 of this Agreement, except as the draft
natural persons elected to a provincial or territorial legis- application for letters patent may be modified as a
lature, or any council member of Vancouver and Whistler, consequence of the comments of Industry Canada.
can not be appointed as a Director or Member. 3.5 The OCOG will not amend its Letters Patent, Bylaws or
3.2 The Parties (other than Canada) hereby acknowledge other incorporating documents in relation to the matters
receipt of draft bylaws for the OCOG from the Bid Corp. set out in section 3.1 of this Agreement without the prior
written consent of each of the other Parties.
3.3 The Bylaws of the OCOG are subject to the written
approval of the Parties (other than Canada), but those
O P E R AT I O N A L
4. Business Plan (f) reflect the policy goals embodied in this Agreement.
4.1 Within 18 months of the OCOG executing the Joinder 4.3 The Business Plan will include the following elements:
Agreement as provided for in section 2.4(b), the OCOG will
prepare a business plan that details, to the extent possible, the (a) a values, vision, mission, goals and objectives
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(g) a plan for acquiring services required by the OCOG (ii) on a cumulative basis at $5,000,000 or more
and for identifying how those services will be provided when taken together with other increases or realloca-
(for example, by the OCOG, third-party sponsorship, tions made since the most recent approval of the
volunteer support, one of the Parties, or by other means); Business Plan in accordance with the Bylaws.
(h) a human resources plan regarding paid staff and 4.6 For greater certainty, it is understood by the Parties that
volunteers, including an employment equity plan; the marketing plan referred to in section 4.3(k) of this
Agreement will reflect the Joint Marketing Programme
(i) provision for an environmental scan that is to be
Agreement and the IOC’s “Olympic Marketing
regularly updated;
Development Programme”.
(j) a plan for concluding development and use agreements
with facility owners, as required, for the Games;
(o) a communications plan; and 5.2 Each of the Parties and the Local First Nations will be
(p) an evaluation mechanism for ongoing assessment of entitled, upon their request, to appoint at least one repre-
the OCOG’s progress in planning, organizing, financing sentative to any advisory committees or work groups
and staging of the Games. established by the OCOG.
4.4 The OCOG will provide the Parties with quarterly updates
to the Business Plan within 60 days after the end of each
6. Doping Control
quarter of each fiscal year, including forecasts of revenues
6.1 The OCOG will organize and implement a doping control
and expenses.
program under the authority of the IOC Medical Commission or
4.5 The OCOG will obtain the prior written consent of the World Anti-Doping Agency, whichever is applicable, and
Canada and the Province to changes to the Business in consultation with the Canadian Centre for Ethics in Sport.
Plan, and will provide notice to the other Parties of such
changes, that:
7. Cultural Program
(a) would materially impact a Government Party’s rights
7.1 The OCOG will ensure, to the extent reasonably possible,
or obligations under this Agreement; or
that any cultural program or events associated with the
(b) would result in an increase in or reallocation among Games will reflect the cultural diversity of Canada, British
the categories within the Operating Budget or the Capital Columbia, the city of Vancouver and the resort municipality
Budget valued of Whistler.
(i) at $5,000,000 or more for any single increase or 7.2 The OCOG will offer the opportunity to the Parties to
reallocation, or make comments and suggestions regarding cultural
programs or events associated with the Games.
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8. Official Languages 11. Management Responsibilities
8.1 The OCOG acknowledges that the official languages of 11.1 The OCOG will raise funds for purposes related to the
the Games are English and French and will, in that light, successful planning, organizing, financing and staging of
undertake to serve the members of the public in both the Games.
official languages, and communicate with and provide
11.2 If an OCOG financial forecast projects a Deficit, the OCOG
services to the public in both official languages. Without
will promptly provide notice to the other Parties in writing
limiting the foregoing, the OCOG will comply with Canada’s
of that financial forecast and will also specify the measures
Official Languages Requirements set out in Annex A.
that it proposes to take to remedy the projected Deficit.
11.3 The OCOG will keep separate accounts for the Operating
9. Policy on Tobacco Sponsorship Budget and the Capital Budget, and within these Budgets,
9.1 The OCOG will comply with Canada’s policy on tobacco will keep separate accounts identifying and tracking the
sponsorship in amateur sport as set out in Annex C. incremental costs for staging the Paralympic Games, as
well as a proportion of the general costs of the Games.
(b) subject to section 25 of this Agreement, a financial 12.2 The Bid Corp or the OCOG will:
investment policy to guide the placement of revenues
(a) in recognition of the need for facility owners to
secured for the staging of the Games;
respect policy and other concerns which a funding Party
(c) a policy on participation by all Canadians in the planning, may have, and in recognition of the valuable role which
organizing, financing and staging of the Games, with the naming of facilities can play in raising funds by facility
consideration given to participation by persons of diverse owners in the private sector, include, as a condition of
ethnic, socio-economic and cultural backgrounds. agreements related to the construction of new facilities
or renovation of existing facilities to be used during the
Games Period, a requirement that, prior to the facility
owner naming or re-naming the facility, the facility owner
will consult with the OCOG and will not select a name
that is unacceptable to the OCOG, acting reasonably; and
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(b) provide a copy of any agreements referred to in 14. Intellectual Property
section 12.2(a) involving new facilities to be funded in 14.1 Subject to the provisions of section 15.1 of this
whole or part by Canada, to Canada prior to finalization Agreement, the Olympic Charter, Host City Contract, Joint
of the agreements. Marketing Programme Agreement and Marketing Plan
12.3 The Bid Corp or the OCOG will: Agreement, any intellectual property (e.g., copyright,
industrial designs, trademarks, official marks) relating to
(a) include in agreements related to any facility to be the COC, the OCOG or the Games will be subject to the
used during the Games Period, a requirement that the following:
OCOG have the authority to name or rename the facility
during the Games Period; and (a) where required by law to be legally protected or where
required by IOC, same will be registered or protected, on
(b) prior to exercising the authority referred to in section
public record, in the name of the COC and at the OCOG’s
12.3(a) with respect to any facility, the construction or
expense. The COC will be the owner of such intellectual
renovation of which has been funded in whole or part by
property;
one or more Government Parties, the OCOG will consult
with such Government Parties. (b) any action to prevent any unauthorized use of such
intellectual property will be in the name of the COC,
12.4 During the Games Period, the OCOG will:
taken with the prior written consent of the COC and the
(a) only name or rename a new facility constructed for the OCOG (such consent not to be unreasonably withheld),
Games, with the approval of the Government Parties, acting and will be at the OCOG’s expense. Furthermore, legal
reasonably, who provided capital funding for the facility; counsel for the COC in all such actions will be counsel
(b) only name or rename a refurbished facility for the Games, designated by the COC, or approved in writing by the COC;
after prior consultation with the Government Parties; and (c) any agreement to be entered into by the OCOG
(c) ensure that the name “Whistler” is included in the authorizing the use of such intellectual property will
naming or renaming of the Nordic Centre and the sliding contain the necessary provisions, approved in writing
centre. by the COC prior to use, to ensure that such intellectual
property at all times maintains its legally protected status
12.5 The OCOG will ensure that it is included as a condition of
in the name of the COC. For example, any marketing
the agreement related to the construction of the Nordic
type agreement of the OCOG relating to the use of such
Centre that, prior to naming or re-naming the facility
intellectual property will adhere to the form of a standard
after the Games Period, the Lil’wat and Squamish First
form agreement previously approved in writing by the COC;
Nations will be consulted, with consideration given to
using Lil’wat and Squamish First Nations’ cultural names. (d) any use by the OCOG itself of such intellectual
property will be in accordance with guidelines in writing
12.6 Any naming or renaming pursuant to sections 12.2 to
prescribed by the COC which are necessary or advisable
12.5 is subject to obtaining from the COC, under govern-
to ensure that such intellectual property at all times
ing intellectual property laws, any necessary consent or
maintains its legally protected status in the name of
approval to use any of the COC’s intellectual property.
the COC; and
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Canada’s national Olympic team, in a manner that is property designed by or for it, and approved by the COC,
consistent with the marketing plan of the OCOG referred related to the Bid Corp, the OCOG or the Games, provided
to in section 4.3(k). Such servicing will be provided at the that the use of such intellectual property does not
COC’s cost, unless otherwise agreed. For such purpose, the conflict with any commercial agreements, undertakings
aforementioned agreement, to be entered into between or commitments of the COC as of July 2, 2003. It is
the COC and the OCOG, embodying the provisions of this understood that the intellectual property referred to in
section 14.1 will contain the necessary provisions relating this section includes, but is not limited to, intellectual
to the role of the COC in such servicing. property registered in the name of the COC.
14.2 The COC and the OCOG intend that the general principles
set out in section 14.1 will be embodied in the agreement
15. Archival Material
described in section 14.1 to be entered into between the
15.1 All material of archival value produced by or for the
COC and the OCOG.
OCOG will be collected and organized by the OCOG, and
14.3 It is understood that the provisions of this section do not preserved and maintained by Vancouver in accordance
apply to pre-existing intellectual property rights or to the with the provisions of the Bid City Agreement and the
ownership rights of intellectual property related to the Host City Contract.
architectural designs and plans developed for the purpose
15.2 Subject to section 15.1, the Parties will be entitled to use
of construction and/or renovation of Games facilities and
free of charge, before, during and after the Games Period,
sport venue, provided that such plans and designs do not
copies of any material prepared for or by the OCOG for
infringe or violate any of the COC’s intellectual property.
purposes of developing and distributing sport promotional
14.4 As required by the IOC’s “Manual for Candidate Cities literature, films, photographs and video material for
for the XXI Olympic Winter Games 2010: Part 2 - presentations in any other appropriate medium and for
Candidature File - Questionnaire”, the Government the preparation of such education materials as the COC,
Parties have set out their responses regarding the theme Vancouver or Whistler may from time to time determine
of ambush marketing in their respective Covenants. but not for the purposes of marketing, licensing or any
14.5 The COC agrees that the OCOG will have, during the other form of fund raising. The OCOG will provide,
period from the date of this Agreement until December 31, without cost, such consents in writing as may be
2004, the exclusive, royalty-free right to use intellectual necessary or desirable for such purposes.
P R O T O C O L A N D A C C R E D I TAT I O N
16. Protocol and Ceremonial (c) ensure that the policies described in section 16.1(a)
16.1 The OCOG will: conform to the Olympic Charter, and other rules of the
IOC and the IPC.
(a) consult with the other Parties and Local First Nations
in developing a policy on ceremonial procedures, protocol 16.2 The OCOG will use reasonable efforts to ensure that each
and accreditation; Party and the Band Councils of the Local First Nations are
provided the opportunity to purchase event tickets at face
(b) provide the policies described in section 16.1(a)
value plus applicable surcharges, at a Party’s or Band
to each of the other Parties or Local First Nations for
Council’s own expense and in priority to retail sales.
approval of the portion that is relevant to that Party or
the Local First Nations; and
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16.3 At the Games, the OCOG will treat representatives and 16.4 Subject to the Olympic Charter, the Host City Contract
guests of a Party and the Local First Nations in a manner and the IOC Accreditation Guide, the OCOG agrees
befitting their office and on a basis no less favourable that it will use reasonable efforts to provide appropriate
than comparable representatives of other levels of accreditation to all persons identified as belonging to
government. one of the categories set out in Annex I.
CONTRIBUTIONS
17. Canada’s Contribution sport and event venues for the Games described in Annex L;
17.1 Subject to the provisions of this Agreement, if Vancouver (b) subject to an endowment agreement and any contri-
is awarded the Games, Canada will: bution agreements, contribute to the Legacy Endowment
(a) subject to contribution agreements to be signed Fund $55 million; and
between Canada and the OCOG, contribute to the Capital (c) subject to any other agreements specifying otherwise,
Budget an amount equal to the contribution of the Province, at its own cost, provide those services that would ordi-
which is $255 million for the capital costs of sport and narily be provided by the Province, as services that fall
event venues for the Games described in Annex L; within its jurisdiction.
(b) subject to an endowment agreement and any contri- 18.2 Neither the contribution agreements nor the endowment
bution agreements, contribute to the Legacy Endowment agreement described in section 18.1 of this Agreement
Fund $55 million; and will derogate from the obligation of the Province to pro-
(c) subject to agreements specifying otherwise, at its own vide the funds committed hereunder, provided certain
cost, provide those services and procedures, outlined in procedural and information reporting requirements set
Part II of the Covenant of Canada attached as Annex E, out in the said agreements are adhered to by the OCOG.
that would ordinarily be provided by Canada, as they arise
out of Canada’s legislative obligations and prerogatives.
19. Appropriation of Funds
17.2 It is understood that neither the contribution agreements
19.1 The payment of money by Canada pursuant to this
nor endowment agreement referred to in section 17.1
Agreement is subject to the appropriation of necessary
of this Agreement will derogate from the obligation of
funds by Canada in accordance with the provisions of
Canada to provide the funds committed hereunder,
The Financial Administration Act (Canada).
provided that all terms and conditions set out in this
Agreement and the said agreements are adhered to by 19.2 The payment of money by the Province pursuant to this
the OCOG. Agreement is subject to an appropriation being available
in accordance with the provisions of the Financial
17.3 Canada’s obligations under this Agreement are subject
Administration Act (British Columbia).
to the Hosting Policy, and its financial obligations may
be adjusted accordingly.
(a) subject to contribution agreements to be signed (a) at its cost, provide those services that would normally
between the Province and the OCOG, contribute to the be provided by Vancouver within its jurisdiction and
Capital Budget an amount equal to the contribution of within its normal financial framework, subject to any cost
Canada, which is $255 million for the capital costs of sharing agreements with other levels of government or
12
the OCOG in respect of shared responsibility for services b) at its cost, provide a level of police services which will
and subject to agreements specifying otherwise. These organize schedules to accommodate the maximum allow-
services may include normal levels of fire and rescue able deployment to the Games within Whistler’s normal
services; street cleaning, snow and ice removal and financial framework;
maintenance; parking operations and enforcement; (c) subject to the contributions associated with the
garbage and recycling collection; traffic signal operation agreements for venue development and operation with
and maintenance; graffiti removal; water and sewer the OCOG, at its cost, provide the venue facilities on the
maintenance; street lighting; and by-law enforcement; terms and conditions contained within those agreements;
(b) at its cost, provide a level of police services that (d) forego the revenue lost by Whistler due to activities
will organize schedules to accommodate the maximum approved by Whistler and related to the Games including
allowable deployment to the Games under Vancouver’s rent for Whistler-owned facilities (the lot one/nine
normal financial framework; Paralympic Sledge Hockey Venue, the Paralympic Curling
(c) at its cost, subject to the terms and conditions of the Venue, Meadow Park Sports Centre and parking revenues
Vancouver Athletes’ Village Agreement and, subject to the for Whistler’s parking lots and streets); and
contribution of $30 million by the OCOG to Vancouver, (e) continue to work with its partner BC Transit in the
provide the permanent facilities at the Vancouver provision of normal levels of transit service in the resort
Athletes’ Village; and municipality of Whistler.
(d) forego the revenue lost by Vancouver due to activities
approved by Vancouver and related to the Games, includ-
22. Covenants
ing rent for Vancouver-owned facilities (including the
22.1 Each of the Government Parties that is making a
Vancouver Athletes’ Village, the Curling Venue, the Figure
Covenant will fulfill its obligations as contained in that
Skating/Speed Skating Venue and the Trout Lake/Killarney
Covenant.
Practice Facility) and parking revenues for Vancouver’s
parking lots and streets. 22.2 Covenants provided by the Government Parties are
attached to this Agreement as follows:
13
23. Other Assistance 23.5 Canada, at its discretion, may provide services to the
23.1 Additional requests by the OCOG to a Party for further OCOG following a request under section 23.1.
assistance, financial or otherwise, will be made in writing
23.6 Canada, at its discretion, may charge the OCOG
in accordance with section 46 of this Agreement.
incremental costs for providing services requested under
23.2 A Party is not obligated to comply with a request under section 23.1.
section 23.1.
23.7 Canada will not provide further services to the OCOG if
23.3 A Party may propose additional investments in sport, those services are:
social, environmental, arts, culture and economic initia-
(a) in direct competition with comparable services
tives that will complement the hosting of the Games.
that are obtainable from the private sector, or other
23.4 Any proposed investments under section 23.3 that non-governmental services; or
require the assistance of the OCOG will be presented to (b) reasonably obtainable from another Canadian source,
the Board of Directors of the OCOG for consideration. including other levels of government, volunteers or sponsors.
FINANCIAL CONDITIONS
14
27. Audits 28. Evaluations
27.1 The OCOG will provide a Party’s authorized auditors 28.1 The OCOG agrees to provide to the other Parties all
and accountants with reasonable access during normal environmental, economic and social impact studies,
business hours for examination and audit of the books, operational audits and reviews, and evaluation studies
accounts and records of the OCOG. on the programs and activities of the OCOG that are
conducted by the OCOG or on the OCOG's behalf.
27.2 An audit conducted by a Party under section 27.1 will be
at that Party’s cost. 28.2 Acting reasonably, the OCOG will co-operate with and
facilitate any evaluations of the Games which may be
27.3 To avoid multiplicity of audits, the Parties will endeavour
conducted by a Party at that Party’s discretion and cost.
to establish a single audit program and audit team.
28.3 Where possible and at the discretion of a Party acting
27.4 The OCOG will ensure that all audited financial statements
reasonably, that Party’s evaluation of the Games will be
of the OCOG will be in accordance with Canadian
made available to the other Parties.
generally accepted accounting principles.
LEGACY
29.Winding-Up of the OCOG property (in addition to the sports equipment referred to
29.1 As early as reasonably possible, but no later than January 1, in section 30.4) would be of greater value to the sport
2009, the OCOG, in consultation with the Government community than the sale of such personal property
Parties and the COC, will have in place a comprehensive converted to cash, this option will be considered.
plan to manage the post-Games wind-up of the OCOG.
30.4 The OCOG, in consultation with the other Parties, will
In addition to those items specifically addressed in sections
develop a plan for the donation of sports equipment
29 through 36 of this Agreement, the plan will include
purchased for the Games to amateur sport organizations
provisions for the assignment or disposition of any other
throughout Canada (including the Whistler Legacies
rights, responsibilities, obligations or assets of the OCOG
Society and organizations associated with other Games
and will identify the appropriate authority(ies) and poten-
facilities which form part of the physical legacy referred
tial resources to execute the plan. Attention will be paid
to in section 31.1 of this Agreement), local community
to the collection and organization of archival material and
centres and Local First Nations.
to the transfer of such material to Vancouver.
15
specific agreements regarding the terms and conditions of 33. Surplus from the Games – Amateur Sport
access by amateur sport groups to those facilities, including Legacy Fund
the timing, number of hours per annum, and rates for access. 33.1 In accordance with section 44 of the Host City Contract,
in the event of a surplus in the Operating Budget, the
31.3 Prior to the finalization of the agreements described in
surplus will be divided as follows:
section 31.2 of this Agreement, the OCOG will consult
with Canada regarding the terms and conditions of the (a) 20% to the COC;
access by amateur sports groups to the facilities. Canada (b) 20% to the IOC; and
acknowledges that the terms and conditions should be
(c) 60% to the OCOG.
reasonable in the circumstances and should reflect the
amount of funding by Canada in relation to the overall 33.2 In the event of a surplus in the Operating Budget, the
value of the facility, the total operating costs of the facility, OCOG will pay its share of that surplus as described in
and the proportion of such operating costs being paid section 33.1(c) of this Agreement to a fund to be called
from the 2010 Games Operating Trust. the “Amateur Sport Legacy Fund”, to be managed by the
2010 Games Operating Trust.
31.4 The obligations set out in sections 31.1 to 31.3 of this
Agreement to make facilities available to amateur sports 33.3 Subject to prior consultation with the COC, as required by
groups will: section 44(b) of the Host City Contract:
(a) apply to the owners, lessees, operators or managers (a) the first call on earnings from the Amateur Sport Legacy
of facilities at the time such facilities are being renovated Fund will be to maintain the purchasing power of the Fund; and
or built, and to corporations or other entities that they (b) the remaining earnings will be used for Athlete and
control or that control them; coach sport development programs at the Games’ sport
(b) apply prior to the Games, if practicable due to the facilities, and for coach and sport development programs
timing of any construction or renovation of such facilities elsewhere in Canada.
in preparation for the Games; 33.4 If the IOC and the IPC agree to revise the division of a
(c) apply following the Games only during the useful life surplus as set out in section 44 of the Host City Contract,
of such facilities; and such that the CPC, as the National Paralympic Committee
of the host country, is entitled to receive a division of the
(d) not apply to the facilities at BCPlace, GM Place, the
surplus, the other Parties will consider, without obligation,
Whistler Conference Centre, the Meadow Park Sports Centre,
amending section 33.1 accordingly.
the International Broadcast Centre, the Vancouver Athletes’
Village or the Whistler Athletes’ Village (other than the 33.5 If the IOC and the IPC do not agree to revise the division of
Athletes’ Centre portion of the Whistler Athletes’ Village). a surplus as set out in section 44 of the Host City Contract, the
Parties will consider a division of the surplus such that the CPC
will benefit from such surplus referred to in section 33.1(c).
32. Intellectual Property Legacy
32.1 Subject to sections 14 and 15, upon its winding up,
the OCOG will transfer, to the extent possible, all the 34. Legacy Endowment Fund
intellectual property that it develops or acquires to the 34.1 In accordance with sections 17 and 18 of this Agreement,
2010 Games Operating Trust, unless such intellectual Canada and the Province will each contribute $55 million
property belongs or must be reverted back to the IOC to the Legacy Endowment Fund, to be managed by the
and/or the COC as a result of an agreement between 2010 Games Operating Trust.
the IOC and/or the COC and the OCOG.
34.2 Donations or contributions may be made to the Legacy
Endowment Fund by any of the Parties or by other persons.
16
34.3 Any monies received by the OCOG for the purpose of the (a) the Amateur Sport Legacy Fund; and
Legacy Endowment Fund will be placed by the OCOG into (b) the Legacy Endowment Fund.
a separate interest bearing account immediately upon
35.2 Prior to the incorporation of the 2010 Games Operating
their receipt and, together with accrued interest, will be
Trust, the Parties (other than Canada) will propose a
transferred to the 2010 Games Operating Trust as soon
governance structure for the 2010 Games Operating Trust
as reasonably possible after its incorporation.
and seek the written approval of Canada, such approval
34.4 The Legacy Endowment Fund will be managed in accor- not to be unreasonably withheld.
dance with the terms and conditions of endowment
35.3 It is understood that the 2010 Games Operating Trust
agreements, which will include, inter alia, a provision that
will keep separate accounts for the Amateur Sport Legacy
the calls on earnings from the Legacy Endowment Fund
Fund and the Legacy Endowment Fund and, with respect
will be substantially as follows:
to the Legacy Endowment Fund, will manage that fund in
(a) first call to maintain the purchasing power of the fund; accordance with the relevant endowment agreements.
(b) second call to pay the operating costs and related 35.4 With respect to this section 35, for greater certainty,
capital maintenance costs of each of the Whistler the incorporation of the 2010 Games Operating Trust is
Nordic Centre, the Bobsleigh, Luge and Skeleton Track not at Canada’s request and Canada will not have any
in Whistler, and the Speed Skating Oval at Simon Fraser obligation or role regarding the incorporation of the
University from the time each is substantially completed; 2010 Games Operating Trust pursuant to this Agreement.
(c) third call to be used for Athlete and coach sport
development programs at the facilities described in
section 34.4(b) of this Agreement; and 36.Whistler Legacies Society
36.1 The OCOG will, on or before January 1, 2005, facilitate
(d) fourth call to be used for Athlete and coach sport
the establishment of the WLS, the members of which will
development programs at facilities elsewhere in Canada.
be, at their request, Parties to this Agreement and the
34.5 Canada and the Province will use reasonable efforts to Lil’wat and Squamish First Nations.
endow the 2010 Games Operating Trust with the Legacy
36.2 The purpose of the WLS will be to own, manage or operate,
Endowment Fund within a time frame that recognizes
or any combination of the preceding, as the case may
that the facilities referred to in section 34.4(b) of this
be, the Whistler Nordic Centre, the Bobsleigh, Luge and
Agreement will be substantially complete and operating
Skeleton Track in the resort municipality of Whistler, the
prior to the Games Period, and that, accordingly, calls
Whistler Athletes’ Centre, and any other sports facilities
on that Fund will be made prior to the Games Period due
for the Games in the resort municipality of Whistler
to expected low revenue streams and high demand for
whose ownership, management or operation has been
training of Athletes who will be competing in the Games.
transferred to the WLS.
17
I M P L E M E N TAT I O N O F A G R E E M E N T
(d) undertake such other tasks provided for in this 39.3 Except as expressly set out in this Agreement, as
Agreement or as the Coordinating Committee deems otherwise agreed to in writing, or as a consequence
necessary and expedient to assist the Parties and the of Canada’s negligence, default or wilful misconduct,
OCOG to achieve their respective goals for the Games. Canada will not be liable to the Parties for any claims,
demands, damages, rights or causes of action, arising out
of, incidental to, or in any manner connected directly or
38. COC’s Indemnification indirectly with the Games or any work constructed or
38.1 The Parties acknowledge that under the Bid City operated by, or on behalf of, the OCOG, whether caused
Agreement, Vancouver and the OCOG have agreed to by, resulting from, or incidental to, the use or occupancy,
assume all commitments, liabilities, obligations or under- in any connection with the Games, of any lands, build-
takings in relation to the Games, and shall indemnify the ings, fixtures or facilities.
COC against any claim from, or liability to, a third party
39.4 The OCOG will save harmless and indemnify Canada
for all losses and expenses of whatever nature or kind
against any and all claims, liabilities, demands, damages,
which may be incurred in relation to the organization
rights or causes of action, and expenses, including without
and staging of the Games.
limiting the generality of the foregoing, legal costs on a
38.2 It is also agreed that the indemnity obligations of the solicitor/client basis, made or asserted by any third party
Province in respect of Vancouver and Whistler under their arising out of, or incidental to, this Agreement or the
respective Participation Agreements with the Province use or occupancy, in connection with the Games, of any
remain in full force and effect. lands, buildings, fixtures and/or facilities unless Canada’s
negligence, default or wilful misconduct gave rise to any
such claim, liability, demand, right, action or cause of action.
18
39.5 Bid Corp represents and warrants to the other Parties 41. Default by the OCOG
that it has in place insurance coverage that has been 41.1 The following constitute events of default by the OCOG:
deemed appropriate by its Finance and Audit Committee.
(a) a breach by the OCOG of a term or condition or
39.6 Bid Corp agrees to continue to maintain such insurance commitment provided for in this Agreement;
referred to in section 39.5 and, despite section 4(j) of the (b) the OCOG becomes bankrupt or insolvent or is placed
Bid City Agreement, agrees to name the Transition Entity in a receivership or takes the benefit of any statute relating
as an additional named insured upon the creation of the to bankrupt and insolvent debtors;
Transition Entity until the Bid Corp and the Transition
(c) an order is made which is not being contested or
Entity cease to exist.
appealed by the OCOG or a resolution, by the Board of
39.7 The OCOG will, upon its incorporation and at its expense, Directors, is passed for the winding-up of the OCOG or
obtain and maintain all appropriate insurance coverage if the OCOG is wound-up other than as contemplated by
including Directors’ and Officers’ liability, loss of revenue and this Agreement; or
such other insurance as deemed necessary by its Finance and
(d) the OCOG has submitted false or misleading
Audit Committee until the day the OCOG is wound-up or such
information to the Parties or intentionally made a false
later period as may be specified in an insurance policy.
or misleading representation.
39.8 The Bid Corp and the OCOG will provide, upon demand, 41.2 If an event of default occurs:
evidence satisfactory to other Parties of insurance coverage
(a) under sections 41.1(b) or 41.1(c), a Party may send
described in sections 39.5 and 39.7 respectively.
a written notice specifying the event of default and may
39.9 Those Parties who are indemnified by the OCOG will be require that the OCOG return to that Party all of its financial
included as a named insured on insurance policies where assistance paid to the OCOG that has not been expended
applicable for the purposes of indemnification of that Party. or made subject to legally binding obligations to a third
39.10The insurance coverage deemed necessary by the OCOG’s party;
Finance and Audit Committee pursuant to section 39.7 of (b) on delivery of the notice under section 41.2(a), that
this Agreement, and any revisions to such coverage, will Party is under no further obligation under this Agreement,
be submitted by the OCOG to Canada and the Province and its rights under this Agreement terminate, but the
for approval prior to implementation. provisions of section 54.3 apply, mutatis mutandis, to
such termination;
19
41.3 A Party that proposes to act pursuant to section 41.2(c) after Vancouver has been selected as host city for the
must give notice to the OCOG of the condition or event Games, a Party may, by providing written notice to the
which constitutes an event of default. If the OCOG fails, other Parties, state that it will:
within 30 days of receipt of the notice, either to correct
(a) fulfill its obligations under this Agreement; or
the condition or event complained of or to demonstrate
(b) be under no further obligation under this Agreement.
to the satisfaction of that Party acting reasonably that
the OCOG has taken steps to correct the condition, and 42.2 In the event that a Party acts under section 42.1(b), the
in either case, has notified the contact person for the OCOG will forthwith return to that Party all of its financial
complaining Party of the correction, then that Party may assistance paid to the OCOG that has not been expended
deliver the notice under section 41.2(c). or made subject to legally binding obligations to a third
party unless otherwise agreed to in writing by that Party.
G E N E R A L P R OV I S I O N S
43.4 No member of the Vancouver City Council or the Whistler 45.2 In the event of any inconsistencies between this
City Council will be admitted to any share or part of this Agreement and other agreements referred to in section
Agreement or to any benefits that may arise therefrom. 11.4 of this Agreement, this Agreement prevails between
the Parties to the extent of the inconsistency.
20
46. Notice Parties will not, save as may be required by law,
46.1 Any confirmation, report, notice, consent, approval, disclose such information without the prior consent of
instruction, authorization, direction, waiver, statement the concerned Party.
or other document that a Party may be required or may
50.2 Notice is hereby given that Canada is subject to the
desire to give or deliver to another Party will be in writing,
provisions of the Access to Information and Privacy Act
effective, and deemed received by the Party:
(Canada). Information submitted and in the possession
(a) if delivered personally, on the date of delivery; of a federal institution may be eligible for disclosure in
(b) if mailed, on the third business day after mailing; accordance with the requirement of that Act.
47.1 This Agreement may only be amended by written resolution of the OCOG; and
agreement of the Parties. (b) any judgment, decree, order or award of any court,
regulatory authority or arbitrator made in respect of the
OCOG.
48. Execution
48.1 The Parties represent and warrant to each other that
they have respectively taken all legally required action, 52. Agreement not a Partnership
corporate or otherwise, to enter into this Agreement and 52.1 Except as expressly set out in this Agreement, this
to authorize their officers and officials to execute this Agreement will not be construed to place the Parties
Agreement. in the relationship of agents and principal, master and
servant, settlor and trustee, partners or joint venturers
and no Party will have any right to obligate or bind any
49. Interpretation other Party in any manner.
49.1 This Agreement will be governed by, and construed in
52.2 It is acknowledged that the OCOG and any other corpo-
accordance with, the laws in force in the province of
ration formed pursuant to this Agreement is not an agent
British Columbia.
of any other Party, and that none of Parties is an agent of
the OCOG or of any other corporation formed pursuant to
this Agreement.
50. Confidentiality
50.1 All information obtained during the course of this 52.3 A Party will not, unless otherwise agreed to in writing by
Agreement are confidential and of a nature whose the other applicable Party, hold itself out as an agent of
disclosure would interfere with the Parties ability to plan, that Party, or purport to enter into contracts, on behalf
organize, stage and finance the Games, and as such the that Party.
21
52.4 Unless otherwise agreed to by the applicable other Party, 54.2 If the Games are awarded to Vancouver and the OCOG
the Bid Corp and the OCOG will ensure that all venue becomes a party to this Agreement in accordance with
agreements they will enter into will contain a provision section 2.4 of this Agreement, this Agreement will terminate
indicating that the Bid Corp and the OCOG is not an on the later of:
agent of Canada, the Province, Vancouver, Whistler, the
(a) December 31, 2012; and
COC or the CPC.
(b) upon the completion of all obligations of the Parties
under this Agreement.
53. Severability 54.3 Notwithstanding any termination of this Agreement, or a
53.1 If any provision of this Agreement is determined to be termination in its normal course, sections 24, 27, 28, 38,
invalid or unenforceable by an arbitrator or a court of 39 and 50 will survive in accordance with their provisions,
competent jurisdiction from which no further appeal lies as well as any other section or provision which, by its
or is taken, that provision will be deemed to be severed nature, would normally survive any such termination.
herefrom and the remaining provisions of this Agreement
55. Further Assurances
will not be affected thereby and will remain valid and
55.1 Each of the Parties will, upon the reasonable request of
enforceable; provided that in the event that any portion
another Party, make, do, execute or cause to be made, done
of this Agreement will have been so determined to be or
or executed all further and other lawful acts, deeds, things,
become invalid or unenforceable (the “offending portion”),
devices, documents, instruments and assurances whatever
the Parties will negotiate in good faith such changes to
for the better or more perfect and absolute performance
this Agreement as will best preserve for the Parties the
of the terms and conditions of this Agreement.
benefits and obligations of such offending portion.
54.Termination
54.1 This Agreement will terminate automatically if:
(a) on the date the Games are awarded, the IOC awards
the Games to a city other than Vancouver; or
22
56. Counterparts
56.1 This Agreement may be entered into by each Party signing a separate copy of this Agreement (including a photocopy or faxed
copy) and delivering it to the other Parties.
IN WITNESS WHEREOF
The Parties have executed this Agreement on the day first above written.
SIGNED on behalf of Her Majesty the Queen in right of Canada by the Minister of Canadian Heritage in the presence of:
[Original signed by: David M. Robinson] [Original signed by: Sheila Copps]
(Witness) Minister of Canadian Heritage
SIGNED on behalf of Her Majesty the Queen in right of the Province of British Columbia by the Minister of Community, Aboriginal and
Women’s Services in the presence of:
CITY OF VANCOUVER
by:
[Original signed by: Frances J. Connell]
Director of Legal Services
23
A N N E X A
1. The OCOG agrees to comply with the following requirements will be available simultaneously in both official languages;
and will ensure that:
j) background information provided by the OCOG for media use
a) it actively recruits and involves the francophone communities prior to, during and after the Games, including event results,
of the Province of British Columbia and Canada; will be made available simultaneously in both official languages;
b) a full-time languages services coordinator is hired as well as k) Opening and Closing ceremonies will be in both official
a full-time bilingual receptionist for the Games headquarters languages and the national anthem will be sung in its
for a reasonable period prior to the Games; bilingual version; the program will include participants
and events which represent both official language groups;
c) it has sufficient capacity in Canada’s Official Languages,
among its employees and volunteers, giving due recognition l) all public address announcements related to the Games and
to the magnitude and complexity of the Games; more specifically at the Games venues will be in both official
languages;
d) all promotional and public information material provided
by the OCOG and intended for the general public prior to, m) services provided by the OCOG for athletes, coaches, technical
during and after the Games will be made available simulta- officials and other delegation members will be available in
neously in both official languages; including media news both official languages; in particular, security, emergency
releases, advertising, exhibits and displays, pamphlets and and medical services will be made available to them in both
booklets, songs, mascots’ names, slogans, logos films, and official languages on a 24-hour basis, and to the general
other audio-visual productions, souvenirs and memorabilia; public in both official languages during operational hours of
the Games. Where these services are not provided directly by
e) all information on the OCOG official internet web page is
the OCOG, the OCOG shall, to the extent reasonably possible,
available in both official languages;
ensure the service provider maintains this level of standard;
f) advertisements are released concurrently with either the
n) each location owned or operated by the OCOG that is used for
French advertisement appearing in local/provincial minority
selling tickets, providing information or selling merchandise and
language print or electronic media, or if minority language
souvenirs to the public before, during or after the Games Period
media services are not available, the advertisements will
will be staffed so that service can be provided in both official
appear in the English media in both English and French;
languages to meet demand, and signs, badges or pins will
g) official Games programs, identification passes and tickets clearly identify which people can communicate in both official
will be bilingual; languages; for greater certainty it is understood that where
h) signs relating to the Games, including the signs of Canada, the tickets, information or other services are provided from booths
Province of British Columbia, Vancouver, Whistler, and of the or wickets, there must be a minimum of one per location which
corporate sponsors and official suppliers of the Games, which can function in both official languages at a reasonable standard
are installed for the purposes of the Games Period by the OCOG and each booth or wicket must be clearly identified; non-OCOG
or authorized by the OCOG to be installed at all Games sites retailers will be aided in providing customer service in both
including the athletes’ village, all athletes’ areas at venues, Official Languages through the provision by the OCOG of
stadiums, the media centre and the Games headquarters will shared access to bilingual staff via electronic and other means;
be bilingual; o) any cultural festivals, events or displays occurring before, during
i) written material giving administrative information for athletes, or after the Games and sponsored or promoted as part of
coaches, technical officials or other delegation members the Games will include both English and French elements.
(handbooks, manuals, schedules, instructional guides, etc.)
24
A N N E X B
25
performance athletes in perpetuity. Economic, social and cultural Groups seeking federal government financial support are asked
legacies related to the provision of services and benefits to the to review the Assessment Guide contained in Appendix I. This
community at large will also be considered. guide provides a list of questions to guide groups in preparing
their submissions for federal support. The questions contained in
No deficit guarantees. At no time will the federal govern-
the Assessment Guide are based upon the Hosting Policy princi-
ment undertake to guarantee deficit funding of an event.
ples and conditions and should be addressed in all submissions.
Compliance with federal standards. Federal standards
Appendix ll contains guidelines for conducting an economic
pursuant to the “Official Languages Act” and “the Fair
evaluation of international sport events. By providing a stan-
Communication Practices: Treasury Board Manual” must be
dardized approach for determining the economic benefits and
followed. Host societies must comply with all environmental
impacts of hosting an international sport event, the guidelines
laws and, federal principles on sustainable development and,
will help ensure the consistent and fair evaluation of
where required, conduct environmental assessments in accor-
applications for federal funding.
dance with the Canadian Environmental Assessment Act. They
must also follow the Standard Operating Procedures in the Application letters and background material should be sent to:
Canadian Anti-Doping Program.
The Major Games Unit
Equitable financing. The federal government will limit its Sport Canada
contribution to a maximum of 35% of total event costs and will 8th Floor, 15 Eddy
not exceed 50 per cent of the total public sector contribution to Terrasses de la Chaudière
the event. Calculations for determining federal financial support Hull, Québec
will include direct, indirect, and essential services, as well as any K1A 0M5
contribution towrads legacy. The federal government will not be
the sole funder of the sport legacy. REVIEW PROCEDURES
Demonstrable community support. Proposals must indi- Following the receipt of submissions, Sport Canada will conduct
cate that there is sufficient community support for the event; and an initial screening of each application. The steps in the evaluation
process will differ according to the type, scope, cost and benefits
Sound management. Organizers must demonstrate that associated with the event under consideration. In all cases,
they have the organizational ability and technical capacity to Sport Canada will be responsible for the initial assessment of
stage a successful event. submissions. Applications for major games proposals will then
be assessed through a broad inter-departmental process. The
APPLICATION PROCEDURES extent of support will range according to the submission, type
Applications will only be considered from the following of event and available resources.
organizations:
Applicatons for events with a strategic focus will generally be
(1) Canadian Major Games franchise holders recognized by assessed through a more limited inter-departmental process.
a sanctioning International Federation; Single-sport applications will be reviewed by the Department of
Canadian Heritage. The extent of support will vary according to
(2) National Sport Organizations that meet the eligibility
the submission, type of event and available funds.
requirements of the Government of Canada's Sport Funding
and Accountability Framework or the Funding and For further information, please contact the Major Games Unit,
Accountability Framework for Athletes with a Disability. Sport Canada, Telephone: (819) 956-8130.
26
A P P E N D I X 1 III. Economic Benefits and Impacts
Economic benefits, usually examined in cost-benefit studies, are
ASSESSMENT GUIDE an indication of whether there will be a positive return on the
The following list of questions will assist organizations and bid investment. Economic impact studies attempt to demonstrate
groups in the preparation of their proposals for federal support how spending related to the event (e.g. by visitors) circulates
for the hosting of international sport events. through the economy. The federal government is interested in
both types of studies, but the two should not be confused not
I. General should the results be combines.
All bidding groups are requested, as part of their proposal, to Appendix II “Guidelines for Completing Economic Evaluations,”
provide a detailed budget outlining anticipated expenditures will assist organizations and bid groups to understand the
and revenues from all sources. requirements for and how to conduct cost-benefit analysis and
economic impact assessments.
27
h) Aboriginal People a) Standards for Communications
Outline the activities that will increase awareness and apprecia- 1) Describe the use of the official languages. (Note: federal
tion of the important historical, social and cultural contributions standards pursuant to the Official Languages Act must be
of Canada's Aboriginal peoples. followed).
2) Describe the depiction of women, visible minorities, persons
i) Persons with Disabilities
with disabilities and Aboriginal peoples in communication
Outline plans to facilitated full access of disables persons
materials used before, during and after the event. (For
to every site. Indicate also the degree to which athletes with
guidelines please contact Sport Canada.)
disabilities will play a fully integrated role in the event.
b) Linguistic and Cultural Aspects
j) Fitness
1) According to the most recent census data, what is the
Outline plans and/or programs designed to improve the general
population breakdown of the city and environs for linguistic
level of fitness of the population, to provide opportunities for
minorities, Aboriginal peoples, gender and ethnocultural
broad-based participation in physical activity, and to contribute
minorities?
to the development of safe, active and healthy communities.
2) What will be the participation of these groups in the
k) Public Support
organization, staging and post-event activities?
Indicate the level of public support for the event (an independ-
ent scientific survey and/or results of public consultations). c) Arts and Heritage Activities
1) Describe plans for inclusion and participation of individuals
l) Environmental Assessment
from the various cultural organization and implementation
An independent scientific environmental assessment, including
of activities before, during and after the event.
potential ecological, physic al and social impacts, is generally
required. Depending on the type of event, public hearings must d) Exposure of Canadian Culture
be held to allow the community to express its views. 1) What is the potential for the exposure of Canadian culture
to tourists and media before, during and after the event?
2) What specific activities are planned to capitalize on this
V. C u l t u r a l B e n e f i t s potential tourism and media exposure before, during and
There are four primary areas of emphasis that the federal after the event?
government wishes to consider in the assessment of cultural 3) What type of co-operation and co-ordination will be
(as distinct from social) benefits of hosting international sport arranged between stakeholders in the cultural, tourism
events. These include: and media sectors?
• the level of adherence to federally set standards for
communication;
• the level of inclusiveness of linguistic and cultural aspects of
the event;
• the level of inclusiveness in arts and heritage activities; and
• the level to which the potential for exposure to Canadian
culture is exploited.
28
A P P E N D I X 1 I 1) development, presentation and promotion of the proposal
2) planning the event
GUIDELINES FOR COMPLETING ECONOMIC
3) operation of the event
EVALUATIONS – ECONOMIC BENEFITS
4) investment in direct infrastructure (e.g., facilities for the
I. Introduction games) and indirect infrastructure (e.g., roadways, increased
Economic benefits are the measurement, in economic terms, sewage facilities). Costs for related private investments (e.g.
of well-being resulting from an activity. Economic benefits are hotels) should not be included, since those costs are note
usually estimated using a cost-benefit analysis, which compares being written off against projected event revenues, but
the costs of the activity directly to the benefits produced by it. rather will be written off against revenues of their own.
Non-quantifiable benefits are also considered when the measur- 5) post-event cost (e.g., to readapt facilities, to dismantle
able benefits (e.g. direct revenues) are not sufficient, by them- facilities)
selves, to justify the costs of the event. The non-quantifiable Costs may be reduced by the net value of capital assets which
benefits may be enough, in the subjective judgement of decision- will remain in use after the event. This residual value should
makers, to tip the balance in favour of bearing the costs. not simply be the nominal or book value used for accounting
The federal government requires a cost-benefit analysis to judge purposes, but should reflect the true utility or market value of
whether the financial support requested is justified in terms of the assets.
the benefits which will accrue to Canada as a result. b) Identify the sources and amounts of funding
This step determines how the benefits should be attributed
to the various sources of funding, or contributors. The basic
II. Overview of Cost-Benefit categories of funders include private investors, corporate spon-
Analysis sors and different levels of government, including those which
A cost-benefit analysis examines all the costs which must be provide infrastructure development or “in-kind” contributions.
borne to host an event. This means those costs specified in the c) Identify, document, and measure (to the extent possible)
detailed budget outlining anticipated expenditures, as called for the benefits
by the Policy, and the hidden or indirect costs (e.g. infrastructure This step ensures that all relevant benefits are taken into account.
that must be built by the local community).
1) Direct Benefits
It also examines all the benefits, quantifiable or not, derived The first benefit to be taken into account is direct revenue
from the event. This includes the direct benefits that will accrue from admissions, television rights, corporate sponsorships,
to organizers (e.g., revenues from admission, television rights, concession fees, licencing logos and use of names, etc. This
corporate sponsorships, concession fees, licencing fees, etc., revenue will help defray costs and will reduce the need for
details of which are also required by the Policy), as well as the subsidies from government. A comparison of direct revenue
sport development, social and cultural benefits. and costs will show clearly the shortfall that must be offset
with subsidies and other benefits.
The cost-benefit analysis ends with a comparison of the cost to
the benefits, which enables decision-makers to determine an Direct revenue from admissions is estimated from visitor pro-
jections (see Overview of Economic Impact Assessment, Step
appropriate level of subsidy.
Three). Other direct revenues will be estimated based on
expectations from negotiations between the bid group and
the various sources of revenue (e.g., television networks,
III. Major Steps in a Cost-Benefit corporate sponsors, private entrepreneurs).
Analysis
a) Identify and measure all the costs which must be
undertaken to host the event
This step ensures that all costs are considered. Any costs that
are going to be written off against the projected revenues
should be included, as well as any indirect costs borne by third
parties (e.g. municipalities) which constitute hidden parties
(e.g., municipalities ) which constitute hidden subsidies. Costs
to be considered can include:
29
2) Sport, Social and Cultural Benefits of spending from some other part of Canada. An equivalent
Sport, social and cultural benefits are described in the expenditure anywhere in the economy would also have had the
Assessment Guide, which requires bid groups to describe the effect of increasing jobs and economic activity (see Economic
activities that will produce such benefits. This cost-benefit analysis Impact Assessment, Introduction). However, benefits associated
further requires that the bid group demonstrate the effect of with the increase in economic activity or jobs, such as the
their activities and the amount of benefit arising from them. reduction of regional disparity. 0r the creation of opportunities
to gain experience for the unemployed in a region of chronic
For easier comparison to costs, these benefits should be measured,
unemployment, can be cited in the cost-benefit analysis (see
where possible, in dollar terms. Where this is not possible, meas-
Economic Impact Assessment, Step Five).
ures such as the target population, the number of recipients, or
the duration of the benefit can be used to give some idea of the
extent of the benefit.
Attributing Tax Increases to Subsidy Givers
Identifying Net Benefits from Tourism and Taxes When estimating the net amount of taxes to be gained because
Increased economic activity stimulated by the games generates of net new spending, it is important to recognize that not all
net increases in tourism spending that would not other wise increases to federal taxes are attributable to federal government
have occurred and, thus, net increases in taxes. This net increase spending. Private investment and subsidies by other levels of
in taxes may be claimed as a benefit to the federal government, government are also responsible for increases spending which
if the distinction is made between the spending (and resultant helps fill federal coffers. It is important to attribute to the federal
taxes) made by local residents in the normal course of events subsidy only those tax revenues that it genuinely generated.
and new spending by visitors who would have spent their
money outside Canada, if not for the event. (See Economic d) Compare the costs and benefits
Impact, Steps Three and Five). This step summarizes the costs and benefits described above
so that the benefits can be easily compared to the costs being
Warning: Economic Impacts are Not Benefits borne by each contributor, and so that the federal government
Increased jobs and economic activity resulting from spending can know what benefits Canadians are receiving in return for
done to host an event constitute an economic impact but, for its subsidy.
purposes of the cost-benefit analysis, are not considered a The benefits of an event will be produced by combined efforts
benefit. This type of economic impact may benefit the local of many contributors. It is important to attribute the amount of
community or region which, without the event, would not have benefit to the contributors in proportion to their level of contri-
had such a level of jobs or economic activity but with respect bution to the total cost.
to the whole Canadian economy, it is only a redistribution
30
A N N E X C
31
A N N E X D
1. OCOG agrees to comply with the following investment (d) ensure that proper external custodial arrangements are
requirements: established, and without limiting the generality of the fore-
going, the OCOG will hold any assets comprising Canada’s
(a) adhere to investment policies, standards and procedures
Contribution in a separate account or accounts, at one or
that a prudent person would exercise in making investment
more financial institutions in Canada. This or these accounts
decisions regarding property belonging to others;
will be segregated from the general assets of the OCOG and
(b) ensure that any amounts that has not been spent or com- from all other properties in respect of which the OCOG acts
mitted in accordance with the terms and conditions of this as bailee, agent, custodian, trustee or in a similar capacity;
Agreement will be invested in accordance with the above
(e) retain an external professional investment advisor or portfolio
principle and in accordance with the Canada’s reference
manager, to provide investment advice to the OCOG; and,
investment policy guidelines;
(f) invest the monies in eligible securities denominated in
(c) establish investment policies and financial risk management
Canadian dollars. Eligible Securities are defined as banker’s
guidelines of the OCOG and periodically review them.
acceptances, bank certificates of deposit, commercial paper,
These guidelines and policies will be in accordance with the
bonds and notes issued by the federal government, provincial
Canada’s reference investment policy guidelines. They will
governments, municipal governments and corporations,
specify permitted transactions, risk limitations for all market
deposits at a deposit taking institution, the commercial
and credit risks faced by the OCOG and levels of authority
paper or short-term securities, asset-backed securities,
of officials who can commit the OCOG to different types of
and collateralized mortgage obligations. An eligible security
transactions. Furthermore, the guidelines and policies will
must have a credit rating from two recognized credit rating
provide mechanisms to ensure that the Board of Directors is
agencies, one of which must be Moody’s or Standard &
regularly made aware of any significant financial risks facing
Poors (S&P/CBRS). The monies may not be invested in
the OCOG, including the consequences of potential losses of
securities rated below AA (S&P/CBRS) or its equivalent,
investments;
shares, warrants, or other equities, convertible debt
securities, derivatives, swaps, options or futures.
32
A N N E X E
C O V E N A N T O F T H E G O V E R N M E N T O F C A N A D A
Vancouver’s Candidacy for the 2010 Olympic and Paralympic Winter Games
PA R T O N E
WHEREAS the Government of Canada (Canada) regards the WHEREAS should Vancouver be chosen by the IOC at its 115th
hosting of the XXI Olympic Winter Games and the X Paralympic Session in Prague, Czech Republic on July 2, 2003 to host the
Winter Games (Games) in Canada as an event of national Games, it is understood that:
significance and wishes to ensure that, should the Games be
(i) Canada has entered into a Multi-Party Agreement with the
held in Vancouver and Whistler, they will be a matter of pride
Games Parties to further define the:
to all Canadians and a credit to Canada abroad;
(a) support to be provided by Canada, and its objectives
WHEREAS Canada is committed to assist the Province of British
and priorities in areas of national interest, such as:
Columbia, (Province), the City of Vancouver, (City), the Resort
environmental protection, Official Languages, cultural
Municipality of Whistler (Whistler), the Canadian Olympic
programs, sport development and Olympic and
Committee (COC), the Canadian Paralympic Committee (CPC)
Paralympic legacies;
and the Vancouver 2010 Bid Corporation (Bid Corp) in their
international Bid for these Games and has authorized the (b) roles and responsibilities of the Games Parties and the
Minister of Canadian Heritage to provide leadership in conditions and obligations associated with Canada’s
representing Canada; support;
WHEREAS the International Olympic Committee (IOC), as a (ii) the City and the COC will incorporate an Organizing
condition of bidding for the Games requires the City and the Committee for the Olympic Games (OCOG) to plan, organize,
COC to sign an undertaking agreeing, inter alia, that: the City finance and stage the Games (separate and distinct from Bid
and the COC recognize and declare that they are aware of the Corp), and in this regard:
Host City Contract (Contract) which shall be executed with the (a) Canada’s representation on the OCOG Board of
IOC if the City is selected for organizing the Games and are Directors will be at least equal to the representation
prepared to sign the Contract without amendment; of the Province or the City’s, whichever is greater; and
WHEREAS the Olympic Charter (Charter) requires the City and (b) Canada will assist the OCOG in the planning, organizing,
the COC to provide certain Covenants, and the City and the COC financing and staging of the Games;
have requested Canada to provide undertakings and protections
(iii) the laws and sovereignty of Canada shall prevail on all
relating to matters which are within the jurisdiction and purview
matters related to the conduct of the Games in Canada.
of Canada, either solely or jointly with other Games parties;
33
PA R T T W O
THEREFORE, IN CONSIDERATION OF THE FOREGOING, Broadcast Centre) for the Games, and $55 million toward a
CANADA, AGREES TO: separate legacy endowment fund to support the ongoing
operation of key sport venues; (Guarantee 18.10 and 18.23)
Support: support the OCOG, the City, the COC and CPC
and other Games parties in hosting the 2010 Olympic and (ii) provide all essential federal services which arise out of
Paralympic Winter Games; (Guarantee 18.1) Canada’s legislative obligations and prerogatives and which
shall be provided by Canada at no cost to the OCOG in
Respect the Olympic Charter and Host City Contract:
accordance with the Charter; (Guarantee 18.10)
cooperate with the OCOG, the City, the COC and CPC, the IOC
and other Games parties in respecting the provisions of the Coin Program: cooperate with the OCOG, the City, the COC
Charter and in ensuring the obligations and objectives of the and CPC, and the IOC on matters relating to an Olympic Coin
Contract are fulfilled; (Guarantee 18.3) Program which may be developed in Canada for the purpose of
celebrating the Games; (Guarantee 18.15)
Freedom to perform Olympic Function: facilitate the entry
to Canada of all accredited Olympic and Paralympic Family No other Meetings: not plan hosting any other important
members, as well as persons legitimately required to work on national or international meetings in Vancouver, Whistler or
the organization or operations of the Games, in possession the lower mainland of British Columbia during the period
of the required travel documentation, it being agreed and of the Games, or for one week immediately before or after;
understood that the laws and sovereignty of Canada shall prevail (Guarantee 18.17)
at all times, including the national security provisions of the
Peaceful holding of the Games: the Royal Canadian
Immigration and Refugee Protection Act; (Guarantee 18.7)
Mounted Police providing: (1) the lead in forming an integrated
Import, use and export of Goods: to cooperate with the police planning group, (2) appropriate federal security measures
OCOG, the City, the COC and CPC, the IOC and IPC and other which in the opinion of Canada are necessary, and (3) to
Games parties concerning the importation of goods required by cooperate with the OCOG, the City, the COC and CPC, the
the IOC, the IPC, delegations of participating National Olympic IOC and other Games parties on non-federal security matters;
Committees and National Paralympic Committees, International (Guarantee 18.27)
Federations, as well as accredited media, sponsors and suppliers
to carry out their obligations regarding the celebration of the AND WARRANTS THAT:
Games. This has long been the practice for international athletic
Legal Measures to protect Olympic Marks: the necessary
events. Consistent with this practice, relief would be provided
legal measures are available in Canada to protect the Olympic
from customs duties, excises taxes and GST on goods imported
symbol, the emblems, logos, marks and many other Olympic-
into Canada such as personal effects, gifts, awards, display
related marks and designations through the Canadian Trade-marks
goods and equipment; (Guarantee 18.8)
Act. Registered trade-marks are well protected in Canada;
Financial Guarantees: subject to the provisions of the (Guarantee 18.6)
Multi-Party Agreement:
Compliance with Environmental Protection Legislation:
(i) contribute amounts equal to the Province of British Columbia; all work necessary for the organization of the Games will be
$255 million toward the Non-OCOG budget for the capital expected to fully comply with federal legislation (including
costs of sport and event venues (which would include partial legislation that implements international treaties) regarding
funding toward the Athletes’ Villages and International
34
planning, construction and protection of the environment. a person, while engaging in “ambush marketing,” makes materially
These include the Canadian Environmental Protection Act, the false or misleading representations to the public. The Act provides
Fisheries Act, and the Canadian Environmental Assessment Act; for two adjudicative regimes (criminal and civil) to address materially
(Guarantee 18.9) false or misleading representations; (Guarantee 18.13)
Financial Guarantees: the IOC would qualify for an Allocation of Radio Frequencies: is prepared to offer
exemption from federal income tax, in which case the Goods support to Olympic organizers through the licencing of additional
and Services Tax (GST) paid by the IOC in its commercial radio spectrum to meet any requirements where the services of
activities would be fully recoverable through input tax credits; commercial operator are not readily available, and is ready to
investigate and resolve any cases of radio interference on a
Legislation concerning Ambush Marketing: with respect
timely basis; (Guarantee 18.32)
to “ambush marketing” it is not a practice specifically addressed
in the Competition Act, which is the federal law of general No Fee charged: there will be no radio licence or radio inter-
application governing business conduct in Canada. However, an ference service fees charged to the Organizing Committee for
issue could be raised under the misleading representations and the Olympic Games during the period of the Olympic Games.
deceptive marketing practices provisions of the Competition Act if (Guarantee 18.33)
PA R T T H R E E
Canada is a rich and diverse nation whose citizens treasure of spectators around the world.
the same values and principles that underlie the Olympic ideal.
The Games will leave a lasting legacy for athletes and coaches
Ours is a peaceful society that preserves human dignity and
through new sport facilities and significant improvements to
advances the human condition in harmony with the global
existing ones. As importantly, the Government of Canada will
community and the natural environment in which we live.
work cooperatively with Games stakeholders to pursue vital
The Government of Canada is strongly committed to Canada’s sport, culture and other social and economic priorities that will
Bid to host the Games. Prime Minister Jean Chrétien, publicly enhance the quality of life for many Canadians.
announced the Government of Canada’s support for the
For Canadians, hosting the 2010 Olympic and Paralympic Winter
Vancouver and Whistler Bid on November 8, 2001.
Games is about encouraging active participation and promoting
We believe that Vancouver and Whistler are ideal locations excellence. Further, it is about creating opportunities for the
for these important international sporting events. Further, we world’s greatest athletes to reach their full potential.
believe that hosting the XXI Olympic Winter Games and the X
For the Government of Canada:
Paralympic Winter Games in Canada will contribute significantly
to the legacy of the worldwide Olympic and Paralympic
Movements. We will capitalize on the catalytic energy of the [Original signed by: Sheila Copps]
Games and advance the global agenda on the three pillars of
Honourable Sheila Copps, P.C., M.P.
the Olympic Movement: sport, culture and the environment.
Minister of Canadian Heritage
If we are successful on July 2, 2003, Canadians can look
[November 14, 2002]
forward to seven years of unprecedented excitement. This
period will culminate in a successful Games experience for the Date
world’s finest athletes and unforgettable memories for millions
35
A N N E X F
7. The Province confirms that it has not and will not schedule
With respect to Theme 6, Question 6.2.1 of the
any other important national or international meetings or
Vancouver Candidature File:
events during the period from January 29 to March 21, 2010
5. The Province states that: in Vancouver, Whistler or adjacent communities which would
interfere, compete or conflict with the successful hosting of
(a) legislation is in force that provides mechanisms, including
the 2010 Games.
the ability to prescribe regulations, for the purpose of
reducing ambush marketing, including
With respect to Theme 8, Question 8.1 of the
(i) the Land Act to control the use of Crown land within the
Vancouver Candidature File:
vicinity of the 2010 Games venues,
(ii) the Highway Act and the Motor Vehicle Act to control the 8. The Province confirms that it will enter into agreements with
use of highways under the jurisdiction of the Province, and the OCOG regarding Games-related venues that the Province
owns and controls. These agreements will grant the OCOG
(iii) the Trade Practice Act to control commercial representations
control of all commercial rights (including in-stadium signage,
which generate a false association with the 2010 Games; and
catering and concessions signage and services, and venue
(b) additional legislation to reduce ambush marketing can naming rights) for the period of the 2010 Games, including
be considered prior to December 31, 2007 if the Province the five days preceding the Opening Ceremony and the two
concludes that the legal measures available to it today days following the Closing Ceremony.
should be strengthened.
6. With respect to outdoor advertising spaces, the Province With respect to Theme 8, Question 8.3 of the
states its intention to: Vancouver Candidature File:
(a) provide a binding option to the Bid Corporation to acquire, 9. The Province has agreed to contribute CDN$255 million for
at market rates, any outdoor advertising space available on the capital costs of constructing certain new and enhancing
Crown land not leased or otherwise licensed to other parties certain existing 2010 Games-related venues and a further
as of January 1, 2003 in Vancouver, in Whistler, in the vicinity CDN$55 million for an endowment legacy fund to support
of the 2010 Games venues in the Callaghan Valley and in the operating costs of certain of those new or enhanced
the vicinity of the 2010 Games venues at Cypress Mountain 2010 Games venues following the 2010 Games.
(collectively, the “Games Areas”) and adjacent to Highway
37
With respect to Theme 9, Question 9.11.3 of the 12. Regarding the agreement between the Bid Corporation and
Vancouver Candidature File: the Resort Municipality of Whistler with respect to the Athletes’
Village in Whistler, the Province has agreed, together with the
10. The Province:
other parties to the Multiparty Agreement that, of the total
a) acknowledges that section 57 of the Host City Contract CDN$620 million contribution by the Province and the
requires the 2010 Paralympic Winter Games to be organized Government of Canada, CDN$32.5 million will be applied to the
by the OCOG; and development and construction of the Whistler Athletes’ Village.
b) states that in determining the potential financial shortfall of
the OCOG referred to in the guarantee described in response With respect to Theme 11, Question 11.2.2 of the
to Theme 5, Question 5.1 the costs and revenues related to Vancouver Candidature File:
organizing and hosting the Paralympic Games will be included.
13. The Province, having exclusive jurisdiction over matters
related to health care in British Columbia, states that the
With respect to Theme 10, Question 10.8 of the plans for investment in health care facilities in British
Vancouver Candidature File: Columbia, as set out in response to Question 11.2.1, are
11. The Province has agreed, together with the other parties to practicable and compatible with the harmonious development
the Multiparty Agreement that, of the total CDN$620 million of health care in British Columbia.
contribution by the Province and the Government of Canada,
CDN$30 million will be applied to the construction of the With respect to Theme 12, Question 12.10 of the
Athletes’ Village in Vancouver. Vancouver Candidature File:
14. The Province commits to assist, and share the costs with,
the Government of Canada to provide for a safe and peace-
ful celebration of the 2010 Games.
38
A N N E X G
C O V E N A N T O F T H E C I T Y O F V A N C O U V E R
Vancouver’s Candidacy for the 2010 Olympic and Paralympic Winter Games
Whereas the City of Vancouver was authorized by the Now Therefore, in consideration of the foregoing, the City of
Canadian Olympic Committee (the “COC”) by agreement dated Vancouver hereby states the following:
as of December 1, 1998 (the “Bid City Agreement”) to present
With respect to Theme 1, Question 1.2 of the City of
to the International Olympic Committee (the “IOC”), Canada’s
Vancouver Candidature File:
bid to host the 2010 Olympic Winter Games and Paralympic
Winter Games (the “2010 Games”); 1. The City of Vancouver has expressed its commitment to the
Bid for the 2010 Games on various occasions since the com-
And Whereas the City of Vancouver has, in the Bid City
mencement of the Bid. The most recent and comprehensive
Agreement, agreed to indemnify the COC against any claim
statement of commitment by the City of Vancouver is con-
from, or liability to, a third party for all losses and expenses of
tained in the Multiparty Agreement for the 2010 Games (the
whatever nature or kind which may be incurred in relation to
“Multiparty Agreement”) dated as of November 14, 2002.
the organization and staging of the 2010 Games;
39
With respect to Theme 2, Question 2.2.1 of the City of enforcement; garbage and recycling collection; traffic signal
Vancouver Candidature File: operation and maintenance; graffiti removal; water and
sewer maintenance; street lighting, and by-law enforcement;
3. The City of Vancouver declares and confirms that:
b) at its cost, to provide a level of police services which will
a) the Vancouver 2010 Bid Corporation is authorized by the
organize schedules to accommodate the maximum allowable
City of Vancouver to present to the IOC Vancouver’s bid to
deployment to the 2010 Games under the City of
host the 2010 Games and is empowered to represent the
Vancouver’s normal financial framework;
City of Vancouver for that purpose; and
c) at its cost, subject to the terms and conditions of the
b) Frances Connell, Director of Legal Services for the City of
Vancouver Athletes’ Village Agreement (included in the
Vancouver has been authorized by the City of Vancouver
Guarantee File) and, subject to the contribution of $30 million
to sign contracts and other documents, including the
by the OCOG to the City of Vancouver , construct the
Undertaking referred to in Part III, Annex 3 of the Manual
permanent infrastructure and buildings comprising the
for Candidate Cities and the Host City Contract, on behalf
Vancouver Athletes Village. The City of Vancouver will make
of the City of Vancouver.
the Vancouver Athletes Village site and the permanent build-
ings available to OCOG for the 2010 Games at no cost; and
With respect to Theme 4, Question 4.6 of the City of
d) the City of Vancouver will make the Hillcrest/Nat Bailey
Vancouver Candidature File:
curling facility, the Hastings Park figure skating and short
4. The City of Vancouver declares and confirms that: track speed skating venue and training facility and the
a) all work necessary for the organization of the 2010 Killarney/Troutlake training facility available to OCOG at no
Games within Vancouver is required to comply with City of cost during 2010 Games, on the conditions set out in the
Vancouver bylaws and regulations; and Hillcrest/Nat Bailey Curling Venue Agreement, the Hastings
Park Venue Agreement (for figure skating and short track
b) agreements between the Bid Corporation and the City of
speed skating) and the Killarney/Troutlake Training Facility
Vancouver involving construction of new facilities or the
Agreement, each of which is included in the Guarantee File.
renovation of existing facilities in Vancouver, each of which
is included in the Guarantee File, include a commitment that
such construction will comply with every applicable federal, With respect to Theme 6, Question 6.2.1(b) of the City
provincial or municipal statute, law, bylaw, ordinance, rule, of Vancouver Candidature File:
regulation, judgment, or order of any kind, including an envi- 6. The City of Vancouver declares and confirms that:
ronmental assessment to determine that such construction is
a) the following by-laws are currently in force and would be
unlikely to cause any significant adverse environmental
effective in reducing Ambush Marketing:
effects, taking into account mitigation measures.
i) the Street and Traffic Bylaw
ii) the Street Vending Bylaw; and
With respect to Theme 5, Question 5.1 of the City of
iii) the Sign Bylaw;
Vancouver Candidature File:
b) the City of Vancouver has the authority, within its lawful
5. The City of Vancouver has committed in the Multiparty
jurisdiction, to enact additional by-laws prior to December
Agreement to, among other things:
31, 2007 to further reduce and sanction Ambush Marketing
a) at its cost, provide City services as more particularly defined should it conclude the legal measures already available must
and under conditions set out in the Multiparty Agreement, be strengthened to ensure the Olympic sponsor advertising
including fire and rescue services; street cleaning, snow rights are well protected; and
and ice removal and maintenance; parking operations and
40
c) the City of Vancouver is the owner of the streets located in the terms of which agreements grant to the OCOG control of
Vancouver and has the rights and privileges of an owner as all commercial rights (including signage, catering, concessions,
well as the regulatory authority of a municipal government. services and venue naming rights) related to such competition
and training venues for the period of the 2010 Games, includ-
ing the five (5) days preceding the Opening Ceremony and the
With respect to Theme 6, Question 6.2.2 of the City of
two (2) days following the Closing Ceremony.
Vancouver Candidature File:
With respect to Theme 7, Question 7.1.2 of the With respect to Theme 10, Question 10.8 of the City of
Vancouver Candidature File: Vancouver Candidature File:
8. The City of Vancouver confirms that it has not and will 11. At its cost, subject to the terms and conditions of the
not organize any other important national or international Vancouver Athletes’ Village Agreement (included in the Guarantee
meetings or events during the period from January 29 to File), and subject to the contribution by the OCOG to the City
March 21, 2010 in Vancouver which would interfere, compete of Vancouver of Thirty Million Dollars ($30,000,000) (in 2002
or conflict with the successful hosting of the 2010 Games. dollars), the City of Vancouver confirms that it will construct
the permanent infrastructure and facilities to be located on the
Vancouver Athletes Village site.
With respect to Theme 8, Question 8.1 of the City of
Vancouver Candidature File:
With respect to Theme 18, Question 18.28 of the City
9. The City of Vancouver confirms that it has entered into the
of Vancouver Candidature File:
following agreements regarding sport venues:
12. The City of Vancouver will, at its cost, provide a level of police
a) the Hillcrest/Nat Bailey Curling Venue Agreement;
services which will organize schedules to accommodate the
b) the Hastings Park Venue Agreement; and maximum allowable deployment to the 2010 Games under the
c) the Killarney/Troutlake Training Facility Agreement, City of Vancouver’s normal financial framework.
CITY OF VANCOUVER
by:
41
A N N E X H
C OV E N A N T O F T H E R E S O RT M U N I C I PA L I T Y O F W H I S T L E R
Vancouver’s Candidacy for the 2010 Olympic and Paralympic Winter Games
Whereas the City of Vancouver was authorized by the of commitment by Whistler is contained in the Multiparty
Canadian Olympic Committee (the “COC”) by agreement dated Agreement for the 2010 Games dated for reference the
as of December 1, 1998 (the “Bid City Agreement”) to present 14th day of November, 2002 (the “Multiparty Agreement”).
to the International Olympic Committee (the “IOC”), Canada’s
bid to host the 2010 Olympic Winter Games and Paralympic
With respect to Theme 2, Question 2.1.2 of the City of
Winter Games (the “2010 Games”);
Vancouver Candidature File:
Whereas the Resort Municipality of Whistler (“Whistler”) is
2. Whistler declares and confirms that, in the exercise of its
prepared to participate in the bid by the City of Vancouver
lawful jurisdiction and subject to Canadian law, Whistler will
(“Vancouver”) to organize and host the 2010 Games in accor-
respect the Olympic Charter and the Host City Contract.
dance with the conditions set out by the OIC in its Olympic
Charter and in its Manual For Candidate Cities for the XXI
Olympic Winter Games 2010 (the “Manual for Candidate Cities”); With respect to Theme 4, Questions 4.6 of the City of
Vancouver Candidature File:
And Whereas Whistler will be the site of various sport and
event venues (collectively “Whistler Games Venues”) for the 3. Whistler declares and confirms that:
2010 Games; a) all work necessary for the organization of the 2010 Games
And Whereas Part II of the Manual for Candidate Cities within Whistler is required to comply with Whistler bylaws
requires the City of Vancouver to submit its Candidature File and regulations; and,
containing responses to questions addressing 18 Themes set b) agreements between the Bid Corporation and Whistler
out in the IOC’s Questionnaire, including various statements of involving construction of new facilities or the renovation of
support from Whistler as the site of the Whistler Games Venues, existing facilities in Whistler, each of which is included in
to be effective should the IOC select the City of Vancouver to be the Guarantee File, will include a commitment that such con-
the host city for the 2010 Games; struction will comply with every applicable federal, provincial
And Whereas should the IOC select the City of Vancouver to be or municipal statute, law, bylaw, ordinance, rule, regulation,
the host city for the 2010 Games, the City of Vancouver will be judgement, or order of any kind, including an environmental
required to immediately sign an agreement (the “Host City assessment to determine that such construction is unlikely to
Contract”) with the IOC and the Canadian Olympic Committee cause any significant adverse environmental effects, taking
(the “COC”), specifying in detail the obligations incumbent on the into account mitigation measures.
City of Vancouver as the city chosen to organize the 2010 Games;
With respect to Theme 5, Question 5.1 of the City of
Vancouver Candidature File:
Now Therefore, in consideration of the foregoing, the Resort
Municipality of Whistler hereby states the following: 4. Whistler has committed in the Multiparty Agreement to,
among these things:
With respect to Theme 1, Question 1.2 of the City of a) at its cost, provide those services as more particularly
Vancouver Candidature File: defined and under the conditions set out in the Multiparty
Agreement, including policing; fire and rescue services;
1. Whistler has expressed its commitment to the Bid for the
village maintenance, banner program, snow and ice removal
2010 Games. The most recent and comprehensive statement
and maintenance; parking operations and enforcement;
42
garbage and recycling collection; traffic signal operation and With respect to Theme 7, Question 7.1.2 of the City of
maintenance; graffiti removal; water and sewer maintenance; Vancouver Candidature File:
street lighting; and by-law enforcement;
6. Whistler confirms that as a municipal corporation, it has not
b) subject to the contributions associated with the agreements and will not schedule in Whistler any other important national
for venue development and operation with the OCOG, at its or international meeting or event during the period from
cost, provide the venue facilities on the terms and conditions January 29 to March 21, 2010 which would interfere,
contained within those agreements, each of which is included compete or conflict with the successful celebration of
in the Guarantee File; and the 2010 Games.
[Original signed by: Hugh O’Reilly] [Original signed by: Brenda Sims]
Mayor of the Resort Municipality of Whistler Municipal Clerk of the Resort Municipality of Whistler
43
A N N E X I
Officials
1. The OCOG agrees that it will provide appropriate accredita- 3. The OCOG agrees that it will provide appropriate accredita-
tion to all persons identified by Canada as belonging to one tion to all persons identified by Vancouver as belonging to
of the following categories: one of the following categories:
(a) the Queen and royal family members; (a) the Mayor and a guest;
(b) the Governor General and a guest; (b) members of Council and a guest;
(c) the Prime Minister and a guest; (c) a limited number of Vancouver Government officials; and
(d) the Minister of Canadian Heritage and a guest; (d) a limited number of persons with an interest in
(e) the Government Regional Minister and a guest; amateur sport whom it is in the interest of Vancouver
to invite to the Games.
(f) the Secretary of State (Amateur Sport) and a guest;
(g) other Cabinet members and a guest; 4. The OCOG agrees that it will provide appropriate accredita-
tion to all persons identified by Whistler as belonging to
(h) members of the Senate and House of Commons
one of the following categories:
and a guest;
(i) a limited number of Federal Government officials; and (a) the Mayor and a guest;
(j) a limited number of persons with an interest in ama- (b) members of Council and a guest;
teur sport whom it is in the interest of Canada to invite (c) a limited number of Whistler Government officials; and
to the Games. (d) a limited number of persons with an interest in ama-
teur sport whom it is in the interest of Whistler to invite
2. The OCOG agrees that it will provide appropriate accredita-
to the Games.
tion to all persons identified by the Province as belonging
to one of the following categories: 5. The OCOG agrees that it will provide appropriate accredita-
tion to all persons identified by each of the Local First
(a) the Lieutenant Governor and a guest;
Nations as belonging to one of the following categories:
(b) the Premier and a guest;
(a) the Chief and a guest;
(c) the Minister Responsible of Community, Aboriginal and
Women's Services and a guest; (b) members of the Local First Nations’ Council and a guest;
(d) Cabinet members and a guest; (c) a limited number of Local First Nations officials; and
(e) Members of the Legislative Assembly of British (d) a limited number of persons with an interest in amateur
Columbia and a guest; sport whom it is in the interest of the Local First
Nations to invite to the Games.
(f) a limited number of Provincial Government officials; and
(g) a limited number of persons with an interest in amateur 6. The OCOG agrees that it will provide appropriate
sport whom it is in the interest of British Columbia to accreditation to all persons identified by COC.
invite to the Games. 7. The OCOG agrees that it will provide appropriate
accreditation to all persons identified by the CPC.
44
A N N E X J
Joinder Agreement
Reference is hereby made to the “Multiparty Agreement for the Agreement, and the OCOG hereby agrees to adhere to all such
2010 Winter Olympic and Paralympic Games” dated the ____ terms and conditions and to accept the assignment and
day of _____________, 2002 among Her Majesty the Queen assumption of all such rights, interests, obligations and liabilities
in Right of Canada, as represented by the Minister of Canadian provided for in the Bid City Agreement.
Heritage, Her Majesty the Queen in Right of the Province of
For the purposes of section 46 of the Agreement, notices to the
British Columbia, as represented by the Minister of Community,
OCOG shall be sent to:
Aboriginal and Women's Services, the City of Vancouver, the
Resort Municipality of Whistler, the Canadian Olympic
Committee, the Canadian Paralympic Committee, and the [address]
Vancouver 2010 Bid Corporation (“Agreement”).
[fax number]
Reference is also hereby made to the “Bid City Agreement –
[email address]
XXI Olympic Winter Games” dated the 1st day of December,
1998 among the Canadian Olympic Committee (formerly named [name of contact person]
the Canadian Olympic Association), the Vancouver 2010 Bid
Corporation (“Bid Corp”, formerly named the Vancouver
Whistler 2010 Bid Corporation) and the City of Vancouver or such other address or addresses as the OCOG may, from time
(“Bid City Agreement”). to time, notify the other Parties in writing.
45
A N N E X K
Addresses
46
A N N E X L
1. The Parties acknowledge that Canada’s and the Province’s contributions to sport and event venues for the Games as set out in
sections 17.1(a) and 18.1(a) of this Agreement, will be applied, subject to the written approval of Canada and the Province, towards
the following sport and event venues:
2. The Parties acknowledge that the sport and event venues set out in section 1 of this Annex L may change as the planning for
the sport and event venues continues, and that changes to the list of sport and event venues in section 1 will require the approval of
Canada and may require the approval of the Province.
47