October 2002
GO PKI SCHEDULE

-Agreement-

Provision of GO-PKI

(i)iSERV Ontario, a division of Management Board Secretariat of the Government of Ontario, will issue and provide the Children’s Aid Society (CAS) with GO PKI encryption keys and “Digital Identities", consisting of digital signature keys and the associated public key certificates, in order to utilize various GO PKI services.

(ii)Except as otherwise provided in this Agreement, the rights and obligations of the Parties with respect to Government of Ontario Public Key Infrastructure (GO-PKI) are set out in the GO-PKI Certificate Policy.

(iii)CAS agrees to ensure that all CAS users of GO-PKI are aware of their roles and responsibilities, including their obligations with protecting their Digital Identity, username and passwords.

Definitions

Unless otherwise defined herein, the terms and words used in this Agreement have the same meaning as in the GO-PKI Certificate Policy, which is found at

Roles and Responsibilities of the Parties

Except as otherwise stated in this Agreement, the obligations of the Parties with respect to GO-PKI are set out in the GO-PKI Certificate Policy.

The GO-PKI Policy Management Authority has overall responsibility for the GO-PKI, including the appointment of Registration Authorities (RA) and the approval of the registration process established by a RA for the issuance of GO-PKI certificates.

iSERV ONTARIO is responsible for the management and operation of the GO-PKI certification authority (CA), including ensuring that RAs are informed of their respective responsibilities and supporting them in the performance of such duties.

The MCFCS RA, who is appointed by the GO-PKI Policy Management Authority, has overall responsibility for the registration process established with all CASs for the issuance of GO-PKI certificates.

Local Registration Authorities (LRA) in the CAS are appointed by the RA based on a nomination by the CAS. LRAs are responsible for the performance of the day-to-day registration procedures within the CAS as set out by the RA and iSERV ONTARIO. The RA will ensure that the LRAs are informed of any changes or updates made to these procedures in writing.

The responsibilities of CAS staff with regard to their GO-PKI certificates are outlined in the Subscriber Certificate Request form, which they must sign.

Disclaimers of Warranties and Liability

(i)The Government of Ontario disclaims and CAS shall assume any and all liability of any kind whatsoever in relation to the use of GO-PKI certificates or associated public/private key pairs issued under this Agreement for any use other than in accordance with the GO-PKI Certificate Policy and this Agreement.

(ii)CAS shall be fully responsible and accepts any liability arising from the acts and omissions of its employees, agents, contractors and volunteers, who are acting as CAS LRAs under this Agreement in a manner other than in accordance with the GO-PKI Certificate Policy or this Agreement.

(iii)CAS hereby agrees to indemnify and hold harmless the Government of Ontario, its directors, officers, employees and agents, from and against any and all claims, demands, expenses, actions, causes of action and for any and all liability, howsoever caused, arising from use of GO-PKI certificates or associated public/private key pairs issued under this Agreement, or in performing the services and functions of a LRA, other than in accordance with the GO-PKI Certificate Policy and this Agreement.

(iv)The Government of Ontario, its employees, and servants make no representations, warranties, or conditions, express or implied, including the veracity of statements other than as expressly stated in the GO-PKI Certificate Policy or in this Agreement.

(v)The Government of Ontario disclaims any liability of any kind whatsoever for any loss or injury, award, damages, or other claim or obligation of any kind arising from tort, contract, or any other reason with respect to any service associated with the issuance, use of, or reliance upon, a certificate issued under this Agreement, or its associated public/private key pair:

(a)In excess of $5,000 per certificate, for the basic level of assurance

(b)In excess of $50,000 per certificate, for the medium level of assurance

(c)In excess of $1,000,000 per certificate, for the high level of assurance

(vi)No joint venture, partnership, trust, agency, or fiduciary relationship is established or deemed to be established between the Government of Ontario and any entity using the GO-PKI.

(vii)This section shall survive the termination or expiry of this Agreement.

Termination for Default

(i)Where a Party is in default in carrying out any of its obligations under this Agreement, the other Party may give written notice to it specifying such default and, in the case of any breach or non-performance other than a default in the payment of money, if the Party has failed to remedy such breach or non-performance within a reasonablecure period specified in the notice to the reasonable satisfaction of the Party giving the notice, or, if the default is in the payment of money within a period of 60days after the giving of such notice, then the Party giving the notice may, at the expiration of the cure period, terminate this Agreement for default.

(ii)Notwithstanding the foregoing, where a CAS has failed to observe or perform any of the provisions of this Agreement, the Certificate Policies, or the Certification Practice Statement which would entitle the Government of Ontario to revoke a GO-PKI Certificate, the Government of Ontario may, upon giving notice to the CAS, immediately terminate this Agreement for default.

Termination for Convenience

(i)Notwithstanding anything contained in this Agreement, either Party may, at any time prior to the expiration of this Agreement, by at least 30 calendar days' prior notice to the other Party, ("termination notice") terminate this Agreement.

(ii)This section is intended to apply in addition to any remedies contained in the GO-PKI Certificate Policy. In the event of inconsistency, the provisions of this Agreement shall prevail.

Notice

Where this Agreement calls for notice or notification or written notice by either Party, unless specified otherwise, such notice may be delivered by hand, by mail, by courier, by facsimile, or by digitally signed electronic mail. A notice shall be deemed to have been received on the fifth business day after mailing if sent by regular mail, on the date of delivery if sent by courier, and on the first business day after the date of transmission if sent by facsimile or electronic mail.

Waiver

(i)No waiver of a breach of any term or condition of this Agreement shall be valid, binding or affect the rights of the Parties unless it is made in writing by the Party.

(ii)The waiver by a Party of a breach of any term or condition of this Agreement shall not prevent the enforcement of that term or condition by that Party in the case of a subsequent breach, and shall not be deemed or construed a waiver of any subsequent breach.

Governing Law

This Agreement will be governed by the laws of the Province of Ontario and applicable federal laws of Canada.

GO-PKI Schedule Agreement, October 2002