1. Introduction

1.1 Fundamental Principles

Every Participant, as defined below, in the course of his or her participation in, and activities with, the Ontario Society of Professional Engineers (“The Society”) is expected, at all times, to:

  1. maintain courteous relations with all fellow Participants;
  2. maintain the highest standards of integrity, personal and professional conduct;
  3. familiarize themselves with and abide by the letter and spirit of all constating documents, policies, rules and regulations of the Society, including the Code of Conduct of the Society, as amended by the board of directors of the Society from time to time; and
  4. comply with both the letter and spirit of the law.

2.0 Non-Discrimination and Harassment Policy

2.1 Application of Policy

This Policy applies to all directors, officers and members of the Society, and to the Staff and Volunteers, in the course of their participation in, and activities with, the Society (collectively referred to in this Policy as the “Participants”).

For purposes of this Policy:

  1. “Staff” refers to all employees and independent contractors of the Society, including, but not limited to, the Chief Executive Officer of the Society (the “CEO”); and
  2. “Volunteers” refers to all individuals who assist the Society in the fulfillment of its objects or provide services to the Society, in either case without remuneration from the Society, including, but not limited to, committee and task force members of the Society but excluding the directors and officers of the Society.

2.2 Purpose of Policy

The Society recognizes the diverse and multicultural composition of the Society and appreciates the dignity, worth and contribution of each Participant who participates in the activities of the Society.The Society is committed to providing and maintaining an organization free of Discrimination and Harassment (as those terms are defined below) and in ensuring that all the Participants who participate in the activities of the Society are treated with dignity and respect and afforded equitable treatment.

Every person has the right to freedom from Discrimination and Harassment. Discrimination and Harassment will not be tolerated, condoned, or ignored at the Society. If a complaint of Discrimination or Harassment is proven, disciplinary measures will be applied, up to and including termination of employment.

2.3 Types of Prohibited Conduct

Equality and diversity are the responsibility of every Participant who participates in the activities of the Society.Every Participant in the course of his or her participation in, and activities with, the Society has a responsibility to create an environment that is free of Discrimination and Harassment.At no time will any form of Discrimination or Harassment be tolerated by the Society and no Participant shall in the course of his or her participation in, and activities with, the Society engage in behaviour that appears to condone Discrimination or Harassment whether through active encouragement of unacceptable comments or conduct, or through implied acceptance or support of offensive comments or conduct.

All Participants in the course of their participation in, and activities with, the Society shall adhere to and uphold the Non-Discriminatory Practices of the Society and shall not make any Defamatory Statements against any fellow Participants.

For purposes of this Policy:

  1. “Defamatory Statement” refers to a statement that tends to injure the reputation of an individual referred to in the statement, and which is likely to lower that individual in the estimation of reasonable people and in particular, to cause that individual to be regarded with feelings of hatred, contempt, ridicule, fear or dislike; and
  2. “Non-Discriminatory Practice” refers to the Society’s objective to provide to every Participant the opportunity to participate in the activities of the Society free of Discrimination or Harassment on the basis of any of the Prohibited Grounds.

A. Discrimination

“Discrimination” means any practice or behaviour, whether intentional or not, which has the effect of imposing burdens, obligations or disadvantages on an individual or group of individuals on the basis of any of the Prohibited Groundsor which withholds or limits access to opportunities, benefits and advantages for an individual or group of individuals which are available to others on the basis of any of the Prohibited Grounds.

“Prohibited Grounds” means race, ancestry, place of origin, colour, ethnic origin, colour, citizenship, creed, gender, gender identity, gender expression, sex (including pregnancy and childbirth), sexual orientation, age, marital status, same-sex spousal or partnership status, family status, receipt of public assistance, and disability.

“Disability” covers a broad range and degree of conditions, some visible and others not.It may include physical, mental and learning disabilities, mental disorders, hearing or vision disabilities, drug and alcohol dependencies, environmental sensitivities as well as other conditions.Discrimination on the basis of disability can occur where there is a perceived but not actual disability or a past disability.

B. Harassment

“Harassment” is defined as engaging in a course of vexatious comments or conduct that is known or ought reasonably to be known to be unwelcome or offensive. Harassment has the effect or purpose of:

  1. threatening or intimidating an individual or group of individuals;
  2. abusing the power that one individual holds over another individual; or
  3. degrading, demeaning, humiliating or embarrassing an individual or group of individuals.

Harassmentmay include, but is not limited to, behaviour such as demands, threats (other than threats of physical harm), gestures, innuendo, unwelcome remarks, jokes, slurs, displays or distribution (including the use of electronic media and email) of derogatory or offensive pictures, cartoons, graffiti or other materials, and taunting an individual about his or her body, clothing, habits, customs or mannerisms.Harassment may include harassment related to a Prohibited Ground of discrimination, but it does not have to.

Harassment may occur as a result of one incident or a series of incidents committed against an individual or a group of individuals over a period of time.The unwelcome comments or conduct do not have to be directed at a specific individual for Harassment to result.Harassment may give rise to an intimidating, hostile, offensive or “poisoned” work or organizational environment.

C. Sexual Harassment

“Sexual Harassment” may include harassing comments or conduct that disparages or ridicules an individual because of his or her sexual orientation, sex, gender identity, marital status or same-sex spousal or partnership status.Sexual Harassment is a form of Discrimination and Harassment.It includes all conduct of a sexual nature that is known or ought to reasonably be known to be unwelcome.Sexual Harassment is not limited to sexual advances.It includes demeaning conduct when a reasonable person would expect the conduct to cause insecurity, discomfort, or humiliation.

Gender-based harassment is one type of Sexual Harassment. Gender-based harassment is any behaviour that polices and reinforces traditional heterosexual gender norms.Sexual Harassment is not always motivated by sexual interest or intent. It may be directed at making the target feel unwelcome in their environment. Sexual Harassment does not have to be intentional to be Sexual Harassment.

Examples of Sexual Harassment may include, but are not limited to, any of the following, particularly where it is related to the sex, gender, gender identity, gender expression or sexual characteristics of the individual and ought to be known to be unwelcome and/or demeaning:

  • remarks, jokes, or innuendos about sex, gender, gender identity, gender expression or sexual orientation;
  • making comments, including compliments, about a person’s physical appearance (including clothing) or physical characteristics;
  • commenting directly or indirectly on a person’s conformity or lack of conformity to gender stereotypes;
  • spreading rumours or making comments to a person or to third parties about a person’s sexual appearance, family status or behaviour;
  • leering or other offensive or sexually suggestive or obscene gestures;
  • derogatory or degrading remarks used to describe or which are directed toward individuals of one sex, gender or sexual orientation;
  • the display or distribution (including the use of electronic media and email) of sexually explicit or otherwise offensive materials;
  • unwelcome advances, invitations or propositions of a sexual nature or repeated invitations after previous requests have been refused;
  • persistent unwanted contact or attention including after the end of a consensual relationship;
  • any advances, invitations or propositions of a sexual nature or the refusal of any such advances, invitations or propositions or reprisal for refusing such advances;;
  • unwarranted or unwelcome inquiries or comments about an individual’s personal life;
  • acting in a way that could undermine respect for a person or the seniority, expertise or position of the person;
  • unwanted physical contact, including hugging, touching, patting, pinching, etc.; and
  • indecent exposure or sexual assault.

APPLICATION OF POLICY

For purposes of this Policy, the Society’s “Workplace” “means any land, premises, location or thing at, upon, in or near which a worker works and includes any meetings held by, or on behalf of the Society, as well as any location where the activities of the Society are conducted, or where social or other functions of the Society or between Participants occur.
Examples of Workplace include, but are not limited to, the head office of the Society; locations outside of the head office where social functions related to the activities of the Society occur; locations outside of the head office where voluntary or work-related assignments occur; locations outside of the head office where work-related or training sessions occur; and locations or vehicles for voluntary or work-related travel.

The Society recognizes the need to ensure that the principles and policies contained in this Policy are consistently and fairly applied throughout the Society and accordingly, the principles and policies contained in this Policy shall be administered by the head office of the Society, regardless of where an issue arises or where a complaint originates.

This Policy applies to the Workplace and to all stages and to all aspects of the relationship between the Participant and the Society, including recruitment and selection, promotions and transfers, and conditions of work such as hours of work and leaves of absence.

This policy applies principally to Workplace conduct however violent, harassing or discriminatory conduct outside the Workplace may give rise to disciplinary consequences in some circumstances.

2.4 Breach of Policy

This Policy outlines complaint procedures that are available to any Participant who believes that he or she has been subjected to Discrimination or Harassment in the course of his or her participation in, and activities with, the Society.Furthermore, as a policy of the Society, a breach of this Policy by a Participant may result in sanctions or disciplinary measures being imposed upon the Participant in accordance with any Discipline Policy of the Society, in effect from time to time.

The Society encourages the reporting of any allegations of Discrimination or Harassment regardless of whom the alleged offender might be.While the Society is committed to resolving any incidents of Discrimination or Harassment internally, nothing in this Policy precludes any Participant in the course of his or her participation in, and activities with, the Society from filing a complaint under the Human Rights Code, contacting police or seeking any other available remedy.

Any individual participating in the activities of the Society and who engages in Discrimination or Harassmentmay expose himself or herself personally to damages in the event of a successful lawsuit or human rights claim being brought before the applicable human rights commission.

If the alleged offender is a director, officer, committee or task force member of the Society and such individual is found to have breached the provisions of this Policy, he or she will be ineligible for indemnification by the Society for any costs, charges or expenses, including any amount paid to settle an action or to satisfy a judgment, that he or she has personally incurred in respect of any civil, criminal or administrative proceeding brought against him or her by the complainant.A director or officer of the Society, if found to have breached the provisions of this Policy, will also be denied any recourse or access to the Society’s directors’ and officers’ liability insurance, if any, because a breach of the provisions of this Policy suggests that the director or officer of the Society has not acted honestly and in good faith with a view to the best interests of the Society.

2.5 Overview of Compliant Procedure

Speak to Alleged Offender:A complainant may speak directly to the alleged offender where the incident is minor and the behaviour is expected to be easily addressed by informing him or her that his or her comments or conduct are unwelcome.

Consult Designated Official:A complainant who feels they have experienced workplace Harassment or Discrimination should report his or her concerns to his or her Designated Official. For purposes of this Policy, the “Designated Official” is:

  1. The Manager of Governance and Administration of the Society: For all Staff (excluding the CEO and the Manager of Governance and Administration of the Society); or
  2. The Chairperson of the Society:For the CEO; or
  3. The CEO: For the Manager of Governance and Administration of the Society and for all Volunteers, directors, officers (excluding the CEO) and members of the Society.

Where possible, the complaint should be made in writing, including details of:

  • What happened – a description of the events or situation;
  • When it happened – dates and times of the events or incidents;
  • Where it happened;
  • Who saw it happen – the names of any witnesses, if any.

Report: The Designated Official shall create an incident report and shall provide it to asupervisor or the Board of Directors who shall appoint persons to investigate the incident.

Reporting Obligation: The Designated Official shall take appropriate steps to determine whether the workplace violence policy applies and whether the incident needs to be reported to the Ministry of Labour. Work Condition Assessment: The Designated Official shall take appropriate steps to determine whether an alternate working arrangement is required on a temporary basis while the complaint is resolved or if the complainant refuses work, whether the complainant has a right to do so.

Investigation: The Designated Official shall initiate an investigation in circumstances where an investigation would be appropriate in the interest of ensuring that the Society is free of Discrimination and Harassment. The investigation should be conducted by an independent investigator or a person agreed by the parties to the investigation to be free from bias.

Conduct of the Investigation: During the course of the investigation, the Investigator will, subject to privacy obligations of the Society:

  1. interview the complainant regarding the complaint;
  2. advise the alleged offender in writing of the allegations under investigation;
  3. provide the alleged offender with an opportunity to respond to the complaint orally or in writing and advise the complainant of the content ofany written or oral response;
  4. investigate the complaint by speaking to the complainant, the alleged offender and any other individuals necessary to fully and fairly investigate the complaint;
  5. provide the complainant and the alleged offender with a written summary of the preliminary factual findings with, if necessary, a request for any further comments;
  6. notify the complainant, the alleged offender and any other necessary individuals of the investigative findings; in the case of all Staff (excluding the CEO), notify the Designated Official and CEO of the investigative findings and the recommendations for sanctions or disciplinary measures which shall be imposed in accordance with any Discipline Policy of the Society in effect from time to time; in the case of all Participants (excluding Staff but including the CEO), notify the Executive Committee (or, until formed, the Ad hoc Advisory Committee) of the Society (the “Executive Committee”) of the investigative findings and the recommendations for sanctions or disciplinary measures which shall be imposed in accordance with any Discipline Policy of the Society in effect from time to time; and
  7. ensure that a confidential record of the investigation is kept in a separate confidential file at the head office of the Society which, in the case of Staff, shall mean separate from a Staff’s personnel file.

Communication and Timing: Prior to concluding any investigation and making recommendations for sanctions or disciplinary measures to the CEO or the Executive Committee, as the case may be, the investigator may confer with:

  1. The Designated Official if the investigator is not the Designated Official;
  2. the CEO, if the Designated Official is the Manager of Governance and Administration of the Society;
  3. the Chairperson of the Society, if the Designated Official is the CEO; or
  4. the Executive Committee, if the Designated Official is the Chairperson of the Society. The investigator will attempt to resolve a complaint as soon as possible, normally within ten (10) Business Days after receiving the complaint unless the Designated Official initiates an investigation, in which case within twenty-one (21) Business Days after receiving the complaint.If a longer period of time is necessary or deemed appropriate under the circumstances, the investigator will notify the complainant and the alleged offender of the proposed time frame for resolution of the complaint.

For purposes of this Policy, “Business Days” refers to a day other than a Saturday, a Sunday or a statutory or civic holiday in the Province of Ontario.

FALSE INFORMATION

Any Participant who knowingly and willfully provides false, misleading or fraudulent information to the Society in the course of an investigation may be subject to disciplinary measures as appropriate in the circumstances.A finding of deliberate bad faith, dishonesty or misrepresentation in the course of an investigation may attract discipline.However the following situations do not, without more, attract disciplinary consequences:

  1. an investigator’s findings differ from the evidence of a Participant;
  2. a Participant’s information or version of events is not corroborated;
  3. an investigator declined to rely on the version of events of a Participant or found a non-serious credibility issue with the version of events of a Participant.

2.6 Confidentiality and Cooperation

Every Participant in the course of his or her participation in, and activities with, the Society has a responsibility to cooperate in the creation of a work and organizational environment free of Discrimination and Harassment.All individuals involved in the investigation or resolution of a complaint, including the complainant, the alleged offender and any other individuals, are expected to facilitate the procedural process, cooperate with the Society and maintain strict confidentiality.

The Society recognizes that it is difficult to come forward with a complaint, or to be accused of participating in Discrimination or Harassmentand thus, to protect the interests of the complainant, the alleged offender and any other individuals who may be involved in the investigation process, the Society will take all reasonable measures to protect the privacy, safety and dignity of those involved in the investigation.Disclosure of the details of the complaint may be required by law to the alleged offender to ensure a fair investigation.The Society will take reasonable steps to prevent retaliation against the complainant during and after the investigation.All records related to the complaint and the investigation of the complaint will be kept confidential and will be stored in a safe and secure location separate from other files maintained by the Society.Strict confidentiality will be maintained except where disclosure is necessary for the purposes of investigation, sanctions or disciplinary measures, or where disclosure is required by law.Any breach of confidentiality under this Policy may be subject to disciplinary measures as appropriate in the circumstances.

2.7 No Retaliation for Using Policy

Every Participant in the course of his or her participation in, and activities with, the Society, has a right to submit a complaint or enforce his or her rights under this Policy without retaliation or threat of retaliation.

Retaliation against a Participant who submits a complaint under this Policy, who enforces a right under this Policy or who takes part in an investigation under this Policy, may be subject to disciplinary measures, up to and including termination of employment.

Retaliatory behaviour includes:

  1. Any act of retaliation that occurs because a person has complained of or provided information about an incident of Discrimination or Harassment;
  2. Intentionally pressuring a person to ignore or not report an incident of Discrimination or Harassment; and
  3. Intentionally pressuring a person to lie or provide less than full cooperation with an investigation into a compliant of Discrimination or Harassment.

2.8 Accomodation Policy and Procedure

The Society is committed to providing an environment that is inclusive and that is free of Discrimination based on Prohibited Grounds. The Society will provide reasonable accommodation for needs related to Prohibited Grounds under the Ontario Human Rights Code unless to do so would cause undue hardship.

Accommodation will be provided in accordance with the principles of dignity, individualization, and inclusion. The Society will work cooperatively, and in a spirit of respect, with all partners in the accommodation process.

Requests for accommodation should be made to the Designated Official.

Accommodation requests should, whenever possible, be made in writing. The accommodation request should indicate:

  1. TheProhibited Ground with respect to which accommodation is being requested;
  2. The reason why accommodation is required, including enough information to confirm the existence of a need for accommodation; and
  3. The specific needs related to theProhibited Ground.

All accommodation requests will be taken seriously. No person will be penalized for making an accommodation request.

The Designated Official may require further information related to the accommodation request on a case-by-case basis.The Society has the right to require a doctor’s note from a suitably qualified and licenced member of the Ontario College of Physicians and Surgeons in order to evidence both the need for medical-related accommodations and the nature of the accommodations that would be suitable.Accommodation requires the co-operation of the person requesting the accommodation.

The Society will maintain the confidentiality of information related to an accommodation request, and will only disclose this information with the consent of the accommodation requester. The Designated Official will maintain information related to:

  1. The accommodation request;
  2. Any documentation provided by the accommodation seeker or by experts;
  3. Notes from any meetings; and
  4. Any accommodation alternatives explored.
  5. Any accommodations provided.

The Accommodation Plan, when agreed on, will be put in writing, and where possible signed by the individual requesting accommodation and the Designated Official.An Accommodation Plan will be individualized and will identify the most appropriate accommodation for the accommodation requester short of undue hardship, a statement of the accommodation requester’s needs, and timelines for the provision of identified accommodations.

Accommodation plans can be reviewed at the request of the Designated Official or the accommodation requester on an as-needed basis.Accommodation plans may need to be revised as the circumstances of the accommodation requester changes and the Society has the right to request up-to-date information from the accommodation requester as appropriate.

Where a determination is made that an accommodation will not be provided or that accommodation would create undue hardship, it must be approved by the CEO.The person requesting accommodation will be given written notice, including the reasons for the decision.

2.9 Acknowledgement and Undertaking

  1. In recognition of the importance of this Policy: all Participants (excluding members of the Society and committee and task force members of the Society) shall be provided with a copy of this Policy and shall be requested to sign an acknowledgment of its receipt and an undertaking to comply with its procedures and guidelines; and
  2. all members of the Society shall have a copy of this Policy made available for them online and shall be deemed to acknowledge and undertake compliance with this Policy by virtue of applying for, and renewal of, their membership in the Society.

3.0 Conflict of Interest Policy

3.1 Application of Conflict of Interest Policy

This Conflict Policy applies to all directors and officers of the Society, and to the Staff and Volunteers, in the course of their participation in, and activities with, the Society (collectively referred to in this Conflict Policy as the “Participants”).

For purposes of this Conflict Policy:

  1. “Staff” refers to all employees and independent contractors of the Society, including, but not limited to, the Chief Executive Officer of the Society (the “CEO”); and
  2. “Volunteers”refers to all individuals who assist the Society in the fulfillment of its objects or provide services to the Society, in either case without remuneration from the Society, including, but not limited to, committee and task force members of the Society but excluding the directors and officers of the Society.

3.2 Definition of Conflict of Interest

All Participants are required to act in the best interests of the Society and to avoid a conflict of interest with the Society. A conflict of interest may arise under the following circumstances:

  1. for Staff, when his or her private or public interest takes precedence over or competes with his or her work-related duties and responsibilities as an employee or independent contractor of the Society; and
  2. for a director or officer of the Society, or for a Volunteer, when his or her private or public interest takes precedence over his or her Society-related duties and responsibilities.

Conflicts of interest may be real, perceived or potential, and may evolve at any time before, during or after a position of employment in, or voluntary participation with, the Society, or at any time before, during or after the election of a director, or the appointment of an officer, committee or task force member of the Society.

3.3 General Conflict of Interest Provisions

The recognition of a real, perceived or potential conflict of interest is a matter of judgment and the primary responsibility for recognizing a conflict of interest rests with all Participants in the course of their participation in, and activities with, the Society.

Once a conflict of interest is identified, disclosure shall be made to the Designated Official.For purposes of this Conflict Policy, the “Designated Official”:

  1. for all Staff (excluding the CEO and the Manager of Administration of the Society), shall be the Manager of Administration of the Society;
  2. for the CEO, shall be the Chairperson of the Society;
  3. and for the Manager of Administration of the Society and for all Volunteers, directors and officers (excluding the CEO) of the Society, shall be the CEO.

Once a conflict of interest has been identified and disclosed to the Designated Official, the Participant in the course of his or her participation in, and activities with, the Society, is required to abstain from any involvement, or further involvement, in any aspect of the matter to which the real, perceived or potential conflict of interest relates.While the existence of a conflict of interest must be reported to the Designated Official, any details of the conflict of interest are not to be disclosed to the public, including the members of the Society, unless specifically permitted by the Society or where disclosure is required by law.

3.4 Gifts, Hospitality and Other Benefits

All Participants in the course of their participation in, and activities with, the Society shall not accept or use for direct or indirect personal advantage or gain, any property, resources or services of the Society, nor shall one’s position within the Society be used for direct or indirect personal advantage or gain provided, however, that nothing shall prevent a director or officer of the Society from receiving remuneration from the Society if approved by the members of the Society in accordance with provisions of the Corporations Act, R.S.O. 1990, c. C.38, as the same may be amended from time to time.

Gifts, hospitality or other benefits shall not be given by, or received by, any Participant in the course of his or her participation in, and activities with, the Society, if the gift, hospitality or other benefit could, or could be perceived to, influence his or her judgment or performance of his or her duties and responsibilities in the Society.If there is any doubt as to the perceived effect of the gift, hospitality or other benefit, authorization for its receipt must be approved by the Designated Official.

3.5 Expressing Opinions

Every Participant in the course of his or her participation in, and activities with, the Society, whether by direct statement or inference, shall not deliberately misrepresent any policies or objectives of the Society, as they may be amended from time to time.

3.6 Political Activities

a) Pro-Bono Publico Approach

In recognition of the public and social responsibility of the engineering profession in Ontario, the Society supports the activities of every Participant in the course of his or her participation in, and activities with, the Society, when commenting or offering advice on public policy issues within his or her area of expertise.Where such expertise is offered, it will be done without benefit or expectation of benefit to the Society, to the Participant, or to the engineering profession as a whole, as part of the Society’s pro-bono publico approach to its relationship with government at every level.For purposes of this Conflict Policy, the term “pro-bono publico” is used by the Society to refer to the provision of any activities or services for the good of the public, at no charge, and without any expectation of direct or indirect personal or organizational advantage or gain.

b) Non-Partisan Stance

In circumstances where the Society or any of the Participants, in the course of their participation in, or activities with, the Society, participates in the public policy arena, whether through direct relations with the government, engagement in lobbying activities or by attendance at political campaigns, conferences or events, any such participation by, and on behalf of, the Society shall be non-partisan in nature.At all times the Society and the Participants, in the course of their participation in, or activities with, the Society will participate equally with all political parties in the provincial legislature and the Canadian Parliament, with no preference or undue advantage being extended to any one political party, political figure or political ideology over another.

c) Acting in Personal Capacity

The Society encourages the voluntary participation of all Participants in community-related activities, including political activities.However, under those circumstances where any Participant is acting in a personal capacity rather than a professional capacity, he or she must exercise scrupulous judgment to avoid the appearance of representing the interests of the Society.

3.7 Acknowledgements and Undertaking

In recognition of the importance of this Conflict Policy, all Participants (excluding members of the Society and committee and task force members of the Society) shall be provided with a copy of this Conflict Policy and shall be requested to sign an acknowledgment of its receipt and an undertaking to comply with its procedures and guidelines.

4.0 Confidentiality Policy

4.1 Application of Confidentiality Policy

This Confidentiality Policy applies to all directors and officers of the Society, and to the Staffand Volunteers, in the course of their participation in, and activities with, the Society (collectively referred to in this Confidentiality Policy as the “Participants”).

For purposes of this Confidentiality Policy:

  1. “Staff” refers to all employees and independent contractors of the Society, including, but not limited to, the Chief Executive Officer of the Society (the “CEO”); and
  2. “Volunteers” refers to all individuals who assist the Society in the fulfillment of its objects or provide services to the Society, in either case without remuneration from the Society, including, but not limited to, committee and task force members of the Society but excluding the directors and officers of the Society.

4.2Confidential Information

“Confidential Information” refers to Society-related information that is not generally available to the public and that, if disclosed, could result in loss or damage to the Society, or to the Person or Related Person to whom the information relates, or could give the Person or Related Person to whom the information is disclosed an improper or unfair advantage in dealings with the Society, or with the Person or Related Person to whom the information relates.

Confidential Information includes, but is not limited to, personal information, financial information, proprietary information, contractual or business information, funding information, communications and corporate records, including the resolutions, minutes of meetings and other documentation of the Society, or of the board of directors or any committee or task force of the Society.

Confidential Information does not include expertise or general knowledge gained by a Participant during the course of his or her term as a director of the Society.

For purposes of this Confidentiality Policy:

  1. “Person” includes an individual, sole proprietorship, partnership, unincorporated association, unincorporated syndicate, unincorporated organization, trust and body corporate; and
  2. “Related Person” includes any Person whose relationship to a Participant is sufficiently close that proceedings involving that Person and the Participant may imperil fairness, impartiality and the public perception of the Society.Such class of Persons includes family members such as a spouse, same-sex spouse or partner, child, parent or sibling of the Participant, and Persons with whom the Participant does not deal at “Arm’s Length”, as that term is defined in the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.), as the same may be amended from time to time.
  3. “Personal Information” means any information, recorded in any form, about an identified individual, or an individual whose identity may be inferred or determined from the information.

4.3 Confidentiality Provisions

It is the Society’s policy that all Confidential Information shall be kept strictly confidential unless otherwise permitted by the Society to be disclosed to the public, or where disclosure is required by law.A Participant, either during the course of, or subsequent to, his or her election as a director of the Society, appointment as an officer of the Society, appointment to a committee or task force of the Society or commencement of employment or as an independent contractor of the Society, as applicable, must not:

  1. divulge any Confidential Information communicated to, produced, or acquired by the Participant, as a result of his or her election as a director of the Society, appointment as an officer of the Society, appointment to a committee or task force of the Society or commencement of employment or as an independent contractor of the Society, as applicable;
  2. divulge any Confidential Information acquired by the Participant in the performance of his or her Society-related duties and responsibilities to any Person or Related Person not authorized by the Society or by law to have such information;
  3. benefit directly or indirectly in consideration for revealing any Confidential Information; or
  4. use Confidential Information in any personal undertaking in which the Participant may be, or may become, involved.

4.4 Acknowledgement and Undertaking

In recognition of the importance of this Confidentiality Policy, all Participants (excluding members of the Society and committee and task force members of the Society) shall be provided with a copy of this Confidentiality Policy and shall be requested to sign an acknowledgment of its receipt and an undertaking to comply with its procedures and guidelines.

5.0 Discipline Policy

5.1 Application of Discipline Policy

This Discipline Policy applies to all directors, officers and members of the Society, and to the Staff and Volunteers, in the course of their participation in, and activities with, the Society (collectively referred to in this Discipline Policy as the “Participants”).

For purposes of this Discipline Policy:

  1. “Staff” refers to all employees and independent contractors of the Society, including, but not limited to, the Chief Executive Officer of the Society (the “CEO”); and
  2. “Volunteers” refers to all individuals who assist the Society in the fulfillment of its objects or provide services to the Society, in either case without remuneration from the Society, including, but not limited to, committee and task force members of the Society but excluding the directors and officers of the Society.

5.2 Breaches Under Discipline Policy

A breach under this Discipline Policy (“Breach”) includes, but is not limited to, the following:

  1. a breach of the Code of Conduct of the Society, which includes the Non-Discrimination and Harassment Policy, the Conflict of Interest Policy and the Confidentiality Policy of the Society; and
  2. decision, rendered by the Discipline Committee of the Association of the Professional Engineers of Ontario, as defined in Professional Engineers Act, R.R.O. 1990, Reg. 941, to suspend or revoke the licence, temporary licence, provisional licence or limited licence of a Participant; and
  3. a violation of the Professional Engineers Act, R.R.O. 1990, Reg. 941, by a Participant not holding the required licence and/or certificate of authorization, resulting in an enforcement action by the Association of the Professional Engineers of Ontario; and
  4. any disruptive, inappropriate, belligerent or abusive behaviour, comments or conduct that is displayed by a Participant during his or her attendance at a Society meeting, a Society-related social function or at any office of the Society; and
  5. any other misconduct amounting to or approaching cause for discipline.

5.3 TYPES OF SANCTIONS OR DISCIPLINARY MEASURES

Any Participant found to have committed a Breach may face sanctions and disciplinary measures that could include one or more of the following:

  1. issuance of a verbal warning;
  2. issuance of a reprimand in writing;
  3. requirement to make a formal apology;
  4. counselling or mandatory attendance at educational seminars on Discrimination or Harassment (as those terms are defined in the Non-Discrimination and Harassment Policy of the Society);
  5. a written reprimand delivered to the alleged offender (and placed in his or her personnel file if the alleged offender is Staff);
  6. reporting to the Association of Professional Engineers in Ontario in the case of a serious infraction or a series of persistent infractions being committed by a licensed professional engineer that constitute professional misconduct as defined in Section 72 of the Professional Engineers Act, R.R.O. 1990, Reg. 941;
  7. for Staff, termination for cause of his or her position of employment in, or contractual relationship with, the Society;
  8. for a member of the Society, suspension or permanent termination of his or her membership in the Society;
  9. for a director of the Society, proposal to the membership of the Society for his or her termination of office and removal as a director of the Society;
  10. for an officer of the Society, resolution by the board of directors of the Society for his or her removal from office;
  11. for a committee or task force member of the Society, resolution by the board of directors of the Society for his or her removal from the position of appointment;
  12. for a director, officer or member of the Society, notification to all members of the Society of the director’s or officer’s removal from office or suspension or termination as a member, as applicable, provided that no such notification is permitted until the expiry of the applicable appeal period, or if an appeal has been filed with the appeal committee, until a decision has been rendered by the appeal committee; or
  13. such other reasonable and prudent sanction or disciplinary measure as the CEO or the Executive Committee (or, until formed, the Ad Hoc Advisory Committee)of the Society (the “Executive Committee”), as applicable, may deem to be appropriate under the circumstances.

5.4 Overview of Procedure for Breach

Except as otherwise set out in a policy or this Code, it shall be the responsibility of the Executive Committee to determine whether a Participant (other than Staff but including the CEO) has committed a Breach and to impose sanctions or disciplinary measures upon that Participant, as it deems appropriate.It shall be the responsibility of the CEO or his or her duly authorized designate, to determine whether a Staff member (excluding the CEO) has committed a Breach and to impose sanctions or disciplinary measures upon that Staff member, as the CEO or his or her duly authorized designate deems appropriate.

All factors should be considered when determining appropriate sanctions or disciplinary measures (for example, the nature of the Breach, the Participant’s disciplinary record, the degree of aggression and physical contact in the Discrimination or Harassment, the period of time over which the Discrimination or Harassment took place, the frequency with which the Discrimination or Harassment took place, the vulnerability of the complainant and the injury to the complainant).

A sanction or disciplinary measure shall not be imposed upon a Participant until:

  1. in the case of a Breach of the Non-Discrimination and Harassment Policy of the Society, the complaint procedures under such policy have been followed;
  2. in the case of a breach of the Workplace Violence Prevention Policy of the Society, the investigation procedures under that policy have been followed;
  3. in the case of any other Breach, the Participant has: (a) been notified in writing of the Breach committed or complained of; and (b) in the case of Staff (excluding the CEO and the Manager of Administration of the Society), been given an opportunity to be heard by the Manager of Administration of the Society, or in the case of the Manager of Administration of the Society, been given an opportunity to be heard by the CEO, or in the case of the CEO, been given an opportunity to be heard by the Chairperson of the Society; or (c) in the case of a Volunteer, or a director, officer or member of the Society, been given an opportunity to be heard by the Executive Committee at a meeting of the Executive Committee called specifically for that purpose;

and every written notification for the imposition of a sanction or disciplinary measure upon a Participant shall contain the following information: the date or time frame within which the Breach was committed, if known; and the specific duties and responsibilities breached by the Participant. Once the Participant has been heard at a meeting of the Executive Committee or declines to be heard, if applicable, the Participant shall be provided with a written notice setting out the specific sanction or disciplinary measure being imposed upon the Participant.

5.5 Appeal Committee

A)Composition of Appeal Committee Under this Discipline Policy, the board of directors of the Society has the authority to establish an ad hoc committee, to be known as the Appeal Committee, consisting of three (3) current directors of the Society appointed by the board of directors of the Society, all of whom are not on the Executive Committee.The board of directors of the Society shall appoint one (1) of the directors of the Society appointed to the Appeal Committee as chair of the Appeal Committee.

B) Functions of Appeal Committee

The functions of the Appeal Committee shall include, but are not limited to, the following:

  1. to receive and consider on appeal any sanctions or disciplinary measures imposed upon a Participant by the Executive Committee for a Breach;
  2. to obtain and evaluate all pertinent and readily available information relating to any such appeal;
  3. to seek input from the Participant that is subject to any sanction or disciplinary measure imposed by the Executive Committee in response to a Breach; and
  4. to refer to the Executive Committee for further review and consideration the issue constituting the basis for the appeal.

5.6 Making an Appeal to the Appeal Committee

A Participant (other than Staff but including the CEO) who has had a sanction or disciplinary measure imposed upon him or her by the Executive Committee has a right to appeal the sanction or disciplinary measure in writing to the Appeal Committee within twenty (20) Business Days after receiving the written notice of sanction or disciplinary measure from the Society.A Participant who has appealed to the Appeal Committee to have a decision of the Executive Committee reviewed shall be entitled to an oral hearing before the Appeal Committee and will be notified in writing by the Appeal Committee regarding the date upon which such oral hearing will take place.The appeal must be heard by the Appeal Committee within thirty (30) Business Days after receiving the Participant’s written notice of appeal.The Appeal Committee must render its decision within ten (10) Business Days after the oral hearing has taken place.Any decision of the Appeal Committee on such appeal shall be final and binding, unless the Appeal Committee deems it appropriate to return the issue constituting the basis for such appeal back to the Executive Committee for further review and consideration.

For purposes of this Discipline Policy, “Business Days” refers to a day other than a Saturday, a Sunday or a statutory or civic holiday in the Province of Ontario.

Staff shall not have any right to appeal a sanction or disciplinary measure imposed upon him or her by the CEO or by the Executive Committee, as applicable, to the Appeal Committee but instead shall have recourse to any legal remedies generally available to Staff.

5.7 Withdrawal or Settlement

Notwithstanding anything else contained in the bylaws of the Society, the Code of Conduct of the Society or in this Discipline Policy:

  1. the Executive Committee may amend or withdraw a sanction or disciplinary measure imposed upon a Participant at any stage in the disciplinary process unless the matter has been appealed to and heard by the Appeal Committee; and
  2. the Executive Committee may enter into settlement discussions with a Participant resolving disciplinary issues at any stage in the disciplinary process, unless the matter has been appealed to and heard by the Appeal Committee.Any settlement reached at any stage in the disciplinary process shall be in writing and shall be signed on behalf of the Executive Committee by the Chairperson of the Society and by the Participant.

5.8 Acknowledgement and Undertaking

In recognition of the importance of this Discipline Policy:

  1. all Participants (excluding members of the Society and committee and task force members of the Society) shall be provided with a copy of this Discipline Policy and shall be requested to sign an acknowledgment of its receipt and an undertaking to comply with its procedures and guidelines; and
  2. all members of the Society shall have a copy of this Discipline Policy made available for them online and shall be deemed to acknowledge and undertake compliance with this Discipline Policy by virtue of applying for, and renewal of, their membership in the Society.