HR managers in any part of the country can adapt this Model Policy for use at their own workplace.

1. Purpose

This policy is designed to provide an assurance that those who bring to our attention their good faith concerns about unethical or illegal activities within our organization will be protected from reprisals or victimization.

Overview:

[Organization name]’s is committed to establishing and maintaining a high standard of ethical practices in the workplace and encourage practices that support integrity and honesty and are in compliance with Canadian and Provincial laws, rules and regulations. To support this commitment we have established procedures to provide an avenue for our employees, volunteers, contractors, temporary employees and other stakeholders to raise awareness of concerns related to unethical or illegal behaviours, activities and practices within our organization.

1. Governing Laws and Regulations
2. Criminal Code of Canada Section 425.1 prohibits employers from retaliating or threatening to retaliate against employees who provide information to law enforcement officials (http://laws-lois.justice.gc.ca/eng/acts/C-46/page-199.html#docCont)
3. Ontario Occupational Health And Safety Act (1990) (limited protections)
4. Employment Standards Act (limited protections)

1. Policy

[Organization name] is committed to protecting our employees, contractors and volunteers who, in good faith, report concerns related to unethical or illegal activities, actions and behaviours of others affiliated with [Organization Name] within the scope of our organization’s operations. [Organization Name] will not tolerate reprisals, harassment, discrimination or victimization of the person(s) reporting evidence of an activity that violates our ethical standards, Canadian or Provincial laws and regulations. Instances of unethical and illegal behaviours included but are not limited to

• Violates of Federal or Provincial laws that could result in fines or civil damages payable by [Organization name] or otherwise cause significant harm to the reputation or public image of [Organization name]
• Unethical business conduct in violation of, but not limited to, [Organization name] Code of Conduct or appropriate industry standards for conduct
• Accounting, auditing or other financial reporting fraud or misrepresentation
• Danger to health, safety or well being of employees, contractors, volunteers, clients or the general public

We take reprisals against employees, contractors, volunteers and other affiliated persons very seriously and will take actions to address those who engage in said inappropriate reprisal behaviours.

1. Expectations:

Our expectation is the concerns and allegations made about potential illegal or unethical reportable activities connected to our organization are made in good faith. Allegations that are found not to have been made in good faith are viewed as a serious offence and the individual making these bad faith allegations may be subject to discipline up to and including termination of employment or severing the relationship when applied to volunteers, contractors, partnered individuals or organizations including suppliers and other stakeholders.

[Organization name] will not permit employees, volunteers, contractors or other affiliated stakeholders to retaliate, discriminate or act against employees, volunteer, contractors of other stakeholders who bring to our attention, in good faith, what they believe to be reportable unethical or illegal activities, even if the actions in question did not violate the standards expected by [Organization name]. Violation of this expectation of non-reprisal may result in disciplinary actions including termination of employment or legal actions or severing the relationship with other affiliated persons.

1. Scope

Every employee, volunteer, contractor including executives of [Organization name] is included in this policy.

Procedure for reporting alleged reportable incidents

• Any employee, contractor or volunteer affiliated with [Organization name] who observers or becomes aware of activities which may pose an immediate threat of harm to any individual may take steps to immediately contact a supervisor, security or local authorities as necessary and appropriate.
• Any employee, contractor, volunteer or other individual affiliated with [Organization name] who has reason to believe that reportable unethical or illegal activities are being engaged in by individuals affiliated with [Organization’s name] relevant to the operation of our business, which occur on any premises affiliated with our organization or in the course of doing business related to our organization and/or which may harm the reputation of our organization can take steps to report these concerns in writing and in confidence internally.

These written complaints should be submitted to at least two members of the organizations executive leadership team including the Owner/President/CEO and/or Vice-President and/or the Chair of the audit and risk management committee and/or the Director/VP of Human Resources and/or The Director/VP of Security (identify the appropriate individuals or committees for your organization). These concerns may be presented anonymously if desired (if the complainant wishes to remain anonymous we recommend that you do not email your complaint from an identifiable email or place a phone call from an identifiable phone number).

• Complainants must take steps to provide as much detailed evidence of their concerns as possible including details about when and where the reportable incidents occurred, who was involved in these incidents and any other relevant details.
• In all cases the individuals identified in the complaint will be made aware of the complaint at some point in the investigation.
• Once a complaint is received unless there is an immediate risk of harm the complaint will be reviewed within 5 working days to determine if further investigation or review is required. In some cases a formal investigation may be undertaken. In all cases the complainant will be notified that the complaint was received but may not be notified regarding the outcome if the outcome includes confidential information pertaining to another individual.
• Complaints that involve incidents that may constitute a danger or risk to a member of the organization or member of the public may be reported directly to the local authorities.

Procedure for reporting alleged Whistleblower retaliation

• Any employee, contractor, volunteer or other individual affiliated with [Organization name] who, in good faith, brought a complaint of alleged unethical or illegal activities to the attention of the organization or proper authorities, according to the policies and procedures of [Organization’s name] and who later believes he/she is experiencing retaliation for the complaint may file a complaint with the Director of Human Resources (or other member of the management or executive team).
• The complaint will be reviewed within 3 days and an investigation into the complaint may be undertaken should there appear to be any substance to the complaint of retaliation.

Individuals who are discovered to be retaliating against any whistle blower may be subject to discipline up to and including termination and where relevant legal actions.