POLICIES, GUIDELINES AND PROTOCOLS
In alignment with the Be Earth Foundation’s (BEF) ‘Core Values’ and in keeping with the responsibility to support and protect BEF employees and representatives, and the ongoing desire for organizational excellence, the Senior Leadership Team has approved the following policies:
CODE OF CONDUCT
WORKPLACE VIOLENCE AND HARASSMENT
CHILD SAFE ORGANIZATION
CONFLICT OF INTEREST
HEALTH AND SAFETY
ASSISTING PEOPLE OF ALL ABILITIES
PAYMENT CARD INDUSTRY COMPLIANCE
Purpose: The purpose of this policy is to guide BEF ‘personnel’ and visiting personnel from other WV offices, as it relates to their duties associated with WV, in how best to conduct themselves in a manner that positively benefits WV and respects the needs of others.
Personnel in positions of management/leadership are entrusted by the organization with a greater responsibility regarding authority, visibility and accountability. When applicable, Managers are to invoke the Child Protection Policy and reporting mechanism and immediately inform and consult with People and Culture, and the applicable Vice President if a potential breach of this policy has occurred and corrective action is required.
BEF is committed to:
1. ‘Conduct’ as an organization and by its personnel that is ethical, legal and consistent with its values and mission.
2. Opposing any act of wrongdoing, corruption, bribery or other financial impropriety, or illegal acts in any of its activities by the organization or any of its personnel.
3. Taking prompt, firm, and corrective action, whenever and wherever wrongdoing, corruption, financial impropriety, or any illegal act of any kind is found.
4. Having all personnel conducting themselves in a manner that reflects honesty and integrity, and that maintains the effectiveness, values and mission of the organization.
5. Ensuring these standards of conduct are maintained despite possible prevailing contrary practices elsewhere.
Scope: This policy applies to all personnel of BEF and all personnel from other Be Earth offices who may be visiting BEF, as it relates to their duties with regard to WV.
Responsibility: All personnel, and visiting personnel from other Be Earth offices, are responsible to conduct themselves in a manner that positively benefits BEF, is consistent with our values, treats all personnel with dignity and respect, and where applicable, ensure their actions comply with legal and/or regulatory requirements.
A. While it is not possible to list all the forms of behaviour that are considered acceptable or unacceptable, the following is a partial list of the types of behaviour or conduct that are expected:
Treating others with respect, dignity and impartiality;
Avoid practices which force or infer exclusion;
Behaving in an honest, trustworthy and ethical manner;
Maintaining appropriate office etiquette (this includes timeliness and adequate preparation for meetings);
Adhering to BEF policies and applicable laws ;
Adhering to BEF’s health and safety policies;
Wearing appropriate attire that respects local custom and policy;
Properly managing BEF assets, funds or other property, etc.
B. Some forms of behaviour that are considered unacceptable, such as the partial list indicated below, may result in corrective action, up to and including termination of employment:
Unlawful or dishonest activities;
Financial impropriety in any form, including (but not limited to) bribery;
Sexual or other unlawful harassment;
Sexual conduct that is inconsistent with Be Earth’s values, or is considered inappropriate or potentially harmful to Be Earth’s work and reputation in the local contexts in which it operates;
Threatening or engaging in violent behaviour in the workplace;
Theft, misappropriation or inappropriate removal or possession of any assets, funds or other property belonging to BEF, a co-worker, or a vendor;
Showing favoritism (for example, showing an improper preference or allowing inappropriate factors to influence decisions regarding dealings with others, including suppliers, vendors, contractors and employees);
Hiring relatives, friends, or members of one’s ethnic group to the exclusion of other qualified persons and/or without following established BEF policies and processes;
Falsification of records;
Being on Be Earth premises or at a Be Earth project or activity under the influence of substances such as alcohol, drugs, etc., such that it impairs one’s ability to function, puts the employee or others at risk, and/or has the potential to negatively impact WV as an organization;
Use and/or possession of any illegal substances;
Negligence or improper conduct leading to damage of employer-owned or customer-owned property;
Possession of dangerous or unauthorized materials such as explosives or firearms in the workplace;
Excessive absenteeism or any absence without notice;
Unauthorized use of any and all types of communication equipment and materials.
C. The following principles of sexual behaviour outline international standards for child protection and are considered an integral part of this policy:
Sexual exploitation and abuse by any BEF or humanitarian worker of any beneficiaries (adult or child) constitute acts of gross misconduct and are therefore grounds for termination of employment.
Sexual activity between any BEF or humanitarian worker and a child (person under the age of 18) is strictly prohibited regardless of the age of majority or age of consent locally. In such case, mistaken belief by any BEF or humanitarian worker regarding the age of a child is not a defense against corrective action or termination of employment.
Exchange of money, employment, goods, or services for sex (including sexual favors or other forms of humiliating, degrading, or exploitative behaviour) is strictly prohibited and is grounds for termination of employment. This includes exchange of assistance that is already due to beneficiaries.
Sexual relationships between any BEF or humanitarian workers and beneficiaries are not acceptable and will not be tolerated since they are based on inherently unequal power dynamics. Such relationships undermine the credibility and integrity of WV’s humanitarian aid work.
Where a BEF or humanitarian worker develops concerns or suspicions regarding sexual abuse or exploitation by a fellow worker, whether in the same agency or not, s/he must report such concerns via BEF’s, or WVI’s, established reporting mechanisms.
All BEF personnel are obliged to create and maintain an environment that prevents sexual exploitation and abuse, and promotes the implementation of BEF’s Code of Conduct. BEF Managers at all levels have particular responsibilities to support and develop systems that maintain this environment.
D. BEF personnel shall be free (and in fact are encouraged) to report evidence of conduct which violates or is inconsistent with the standards described in these guidelines. BEF will investigate in a timely manner any and all reports of misconduct. All reporting will be kept confidential and without retaliation to the reporting person.
E. BEF (senior management, or Board, as appropriate), has the exclusive right to determine whether an employee has breached this policy, and to make the final decision as to what corrective and/or disciplinary action, up to and including termination, is warranted.
F. All personnel are required to sign an annual declaration that they have taken the Child Protection training and that they have read and understood the Child Safe Organization policy.
G. All personnel of Be Earth may, from time to time, have access to confidential and private information on the work, assets and activities of Be Earth and its partners, including, but not limited to information relating to donors, supporters, suppliers and contacts of and to Be Earth. All personnel of Be Earth are in a position of trust and must respect the confidential and private nature of the aforementioned information. Therefore, Be Earth Canada requires as a specific and express term and condition of employment and/or continued employment, that no personnel disclose in any manner whatsoever any confidential and/or private information to any non-employee, non-Corporation member, or non-Board member of Be Earth Canada or any other third party, without the proper authorizations, unless required to do so by law. This obligation, on all personnel of Be Earth applies both during and after the employment relationship.
Clarifying Notes: With regards to personal relationships between staff members, in particular between employees who have a direct or indirect business reporting relationship, it is strongly advised that managers take into careful consideration the effects that such involvements could have. BEF generally refrains from any involvement in the private lives of individuals however; there may be some circumstances in which it becomes necessary for BEF to counsel or caution where there is a conflict of interest or a negative impact on job performance. Furthermore, personal relationships of an intimate nature in the workplace can be potentially disruptive to job performance, may negatively impact others, may damage business relationships, and may have an adverse effect on careers and WV’s reputation as a harmonious workplace. Some behaviour could be construed as harassment and thereby subject to the Harassment Prevention Policy. Therefore, it is important that employees exercise discretion and good conscience at all times when it comes to behaviour and actions.
When working alongside other NGOs (e.g., Distribution Centers, etc.), it would be to Be Earth’s interest to influence local management to adopt BEF’s principles as specified in this Code in order to reduce BEF’s risk.
Personnel: All employees, staff affiliates, and volunteers of BEF.
Manager: Any individual who is responsible for managing people
WORKPLACE VIOLENCE AND HARASSMENT
BEF is committed to providing a professional, safe, and healthy work environment which is free from violence and harassment, and is also committed to being in compliance with all legal and regulatory guidelines with respect to Workplace Violence and Harassment.
All complaints of violence or harassment will be investigated and if substantiated, the offender, regardless of seniority or position, will be subject to appropriate disciplinary action up to and including termination.
Acts of retaliation against someone who makes a complaint or aids in the investigation of a complaint, will not be tolerated.
All employees, representatives and volunteers, as well as any and all visitors to BEF offices and workplaces are subject to and must abide by this policy.
People & Culture (P&C) are responsible for the maintenance of this policy and for providing appropriate and visible access to the policy.
P & C is responsible to provide training, at least every three years, to all employees, representatives and volunteers regarding Workplace Violence and Harassment, including domestic violence and harassment. Training will include information concerning current legislation, company policies, procedures and practices.
All employees, representatives, volunteers, vendors and visitors are responsible to be aware of the policies and procedures surrounding Workplace Violence and Harassment and to be proactive in promoting a professional, safe, healthy, and non-hostile working environment. In addition they are required to inform any visitors, which they bring onto BEF property, about this policy.
Any individual who is aware, or is made aware, of Workplace Violence or Harassment, is responsible to follow the guidelines contained in this policy and related procedures. All employees, representatives and volunteers have a responsibility to not only report any incidents of workplace violence or harassment, but to also do their part to prevent violence and harassment in the workplace, and to ensure a healthy and safe workplace. Failure to report a known incident may be subject to disciplinary action, up to and including termination.
BEF is committed to:
Promoting a corporate culture of dignity, respect and courtesy, in line with our core value “We value people.”
Be in compliance with any legal and regulatory requirements as it relates to Workplace Violence and Harassment.
Providing a professional, clean, safe and healthy work environment.
Providing a culture that provides for reporting which is free from retaliation
Respond as efficiently and effectively to any and all incidents of Workplace Violence and Harassment
Assessing any and all risks associated with work related activities with an aim to reduce and/or prevent violence and harassment.
Taking appropriate corrective action in cases of substantiated violence and harassment.
Retaliation: An act or actions taken by an employee/supervisor/manager against another employee for making a complaint or assisting in the investigation of a complaint.
Complaint: The act of reporting a known or suspected workplace violence or harassment.
For a complete list of definitions please refer to the ‘Workplace Violence and Harassment Procedures’.
While there is a procedural document, the Workplace Violence and Harassment Procedures, which sets out the specific detailed procedures to be followed, every individual should be aware that they are responsible to report any incidents of Workplace Violence or Harassment that they observe or are made aware of. Failure to report may result in disciplinary action up to and including termination.
The method and process to be followed to report an incident is detailed in the procedures.
Purpose: Be Earth is committed to providing a workplace free of conflict, where employees are treated with fairness, dignity and respect, where employees, representatives and volunteers are encouraged to exercise self-discipline at all times in their conduct and performance.
This policy provides employees with an outlet to raise concerns regarding any conflict in the workplace or dissatisfaction with respect to issues related to their employment, in an open and fair manner, with provisions to ensure their prompt and reasonable resolution. Under no circumstance should any employee fear discrimination or retaliation in the workplace as a result of the filing of a complaint. Repeated, willful or inexcusable breaches of policies, standard operating procedures, code of conduct and ethics shall be dealt with in accordance with the provisions of this Policy and related Procedures.
Depending on the severity of the concern and the number of past occurrences, disciplinary action may call for informal counseling, verbal warning, written warning, suspension with or without pay, or termination of employment. Except for termination of employment, any step of the disciplinary procedure may be repeated more than once if necessary.
Scope: This policy applies to Be Earth and all employees, representatives and volunteers of Be Earth.
Employees, volunteers and representatives are responsible for performing their work in a competent manner and displaying conduct and behaviour that is consistent with our policies and practices, as well as those practices that are generally regarded as standard in a business enterprise. Also, in keeping with the ‘Core Values’ of BEF employees are responsible for performing their work and engaging with other employees, representatives, volunteers, donors, etc. in a manner that is consistent with the Code of Conduct for BEF.
Supervisors and managers are responsible for training, counseling and coaching employees to understand the expectation of BEF and the improvements that are necessary to achieve the desired level of performance and/or behaviour.
Each manager is responsible for ensuring employees are treated fairly, with dignity and respect and for ensuring that employees have been provided with appropriate coaching and assistance throughout the discipline process.
The Senior Leadership Team is responsible for ensuring the policy is applied objectively, promptly, and consistently to all employees, representatives and volunteers, and throughout all operations. The People and Culture team will provide advice and assistance to management throughout the discipline process and in the application of the procedures outlined herein.
The following conflicts should be reported, and BEF shall strive to address them with reasonable resolutions:
Behaviour that is not consistent with our Code of Conduct.
Disputes with co-workers or managerial staff with unresolved consequences.
Perceived unfair or inequitable treatment.
Harassment whether sexual, discriminatory, or personal in nature. (refer to Workplace Violence and Harassment Prevention Policy)
Abuse of authority.
Deliberate and/or persistent breach of Company policies or procedures.
Retaliation – An act or actions taken by an employee/supervisor/manager against another employee for filing a complaint.
CHILD SAFE ORGANIZATION
In alignment with Be Earth’s (BEF) ‘Core Values’ and in keeping with the guiding principles for stewardship, responsibility to support and protect children, BEF employees and representatives, and the ongoing desire for organizational excellence, the Senior Leadership Team has approved this policy. We believe that child protection is everyone’s responsibility, at both the corporate and individual level.
Purpose: In support of Be Earth’s International Guidelines for the Protection of Children, our endorsement of the UN Convention on the Rights of the Child and its Optional Protocols, BEF affirms our commitment to being a Child Safe Organization (CSO). As such, BEF is committed to creating and maintaining an environment where children are protected by instituting measures to prevent and respond to abuse, neglect, exploitation and all other forms of violence against children.
BEF will take all steps possible to avoid putting children at risk of harm and will take steps to minimize and mitigate any child protection-related risks, such as maintaining current and up to date standards in accordance with international standards and Canadian laws.
All BEF board members, employees, representatives, and volunteers as well as those who may come into direct contact with children as a result of their employment, volunteer activities or through any WV office or program will be asked to periodically review the Child Safe Organization Operating Policy and relevant standards as well as to provide the ‘necessary searches’ on suitability for working with children. The requirement and frequency of the searches are set out in the Child Protection Standards, and the individual searches will be maintained in a secure environment and controlled by the P&C department.
Any individual who does not have necessary and satisfactory searches on file:
will not be allowed to continue working with children;
will not be allowed to work in an environment where children are generally present;
will be prevented from travelling to a location for the express purpose of working with children or visiting sites where children are located.
Scope: All board members, employees, representatives, volunteers, visitors, sponsors and any other individuals who come in contact with children as a result of their employment, volunteer activities or through a WV office or program must abide by this policy and related standards.
Child protection standards outline measures that apply to all BEF staff and affiliates as well as our activities occurring not only in the field with children, but also in our offices and events in Canada. Child Protection standards outline measures in the following areas:
Awareness raising, sensitization and training of staff in child protection, including behaviour protocols, monitoring and reporting
Recruitment, necessary and satisfactory searches to deter persons with child related offences from working in Be Earth
Behaviour protocols for staff, volunteers, consultants, visitors and other affiliates of Be Earth
Internal reporting mechanisms and management processes for allegations of child abuse by staff or other Be Earth affiliates
Visitor requirements in relation to child protection
Confidentiality of information relating to children
Communications guidelines regarding children
Safe online practices and behaviour
Ensuring that measures are taken to prevent risks to children participating in projects or programs
Ensuring that effective follow-up takes place when the child protection protocols have been violated
Responsibility: BEF in compliance with WVI Child Protection Standards, will develop Child Protection Standards which guide the principles and practices for the measures outlined above.
Every WV employee, board member, volunteer, or representative is responsible for:
being familiar with and following the guidelines (including the Behaviour Protocols in Appendix A) provided in this policy and in the Child Protection Standards,
reporting any instances of ‘Child Abuse’, and taking appropriate action in accordance with the standards.
The Child Protection Committee (CPC), made up of representatives from across BEF departments, is responsible for:
Ensuring complete compliance with Be Earth Child Safe Organization Policy and Standards across all divisions of the organization and providing guidance on child protection issues as required.
Ensuring there is a Child Protection training program in place and to monitor completeness of that training by all employees of BEF.
Ensuring that Child Protection incident reports are completed in a timely manner
Ensuring the completion of the Child Protection Policy Update Report every six months
The People & Culture department will be responsible for:
Ensuring all new employees, representatives and volunteers are provided appropriate orientation and training surround the Child Safe Organization Policy and standards
Maintaining all copies of the necessary searches in a safe and secure environment.
Representatives: Shall include, but may not be limited to, any individual, contractor, company, organization, and/or agency that acts on behalf of, for, or in association with Be Earth, pursuant to a contract or otherwise.
Necessary Searches– A criminal record search(s), a local indices search(s), and any other search that BEF, in its sole and absolute discretion, may deem necessary. For greater certainly, such other searches may include a vulnerable sector search, where available.
Abuse, Neglect, Exploitation and all other forms of Violence Against Children
Abuse: Any intentional act to harm a child within relationships of responsibility, trust or power.
Neglect: The deprivation of a child’s basic needs when an adult care giver has the means to provide for those needs. Basic needs include health, education, emotional and spiritual development, nutrition, clothing, medical and dental care, supervision, shelter and safe living conditions.
Exploitation: The use of a child for the benefit of others. This includes, but is not limited to, child labour and sexual exploitation. Sexual exploitation targets children through an abuse of power or trust for sexual purposes; examples include child prostitution, child pornography and the trafficking of children for sexual abuse.
Violence: The use or threat of physical force or power that harms a child. Although abuse, neglect and exploitation are forms of violence, we include “violence” as a separate category in order to address additional threats from which children need to be protected, including gang violence, bullying, harassment and playground violence.
Searches and Sign-offs for Child Safe Organization
CONFLICT OF INTEREST
Purpose: BEF understands that as employees of an organization we have a responsibility to carry out our duties in an ethical and moral manner. Any appearance of impropriety can be damaging to our ministry and the reputation of the organization.
All employees, representatives, and volunteers are to avoid conflicts, actual or perceived, between interest of the organization and our own personal financial interests.
All employees must:
in carrying out his or her duties on behalf of BEF, or in dealing with others in carrying out their duties, put the interest of BEF, or other BEF organization or affiliate, ahead of his or her own direct or indirect financial interests;
refrain or withdraw from participation in any transaction or relationship, or in any consideration, whether discussion or voting, by employees concerning any matter which is determined to constitute or involve a material conflict of interest, actual or perceived;
disclose real or perceived conflicts of interest.
Where a conflict of interest is deemed to be material in nature, the employee may need to refrain or withdraw from any participation in the decision making and/or involvement in the particular activity. In some cases a complete withdrawal from the relationship by BEF may be necessary.
Scope: This policy applies to all employees of BEF or its affiliates, and relates to any and all activities which are, in fact or perceived to provide, as part of their employment with BEF, a personal financial interest to the employee.
Senior Leadership Team is responsible to ensure that a conflict of interest declaration process is in place.
People & Culture are responsible to ensure:
the conflict declaration is carried out on an annual basis;
all employees complete the declaration;
all declared conflicts are reviewed, followed up and action taken where necessary.
All employees are required to complete an annual Conflict of Interest Declaration. In addition employees are to declare any conflicts, potential or perceived, as they arise during the course of the year.
The Conflict of Interest Committee is responsible for reviewing any and all declared conflicts, whether real or perceived.
To set an example and be good stewards
To be forthright and honest in all our dealings
To put the interests of BEF, as a function of employment, ahead of personal interests
Direct Financial Interest:
Any ownership interest in an organization, by an employee, which is directly or indirectly conducting business with BEF and in which the employee had direct or indirect influence in securing the business relationship
Indirect Financial Interest:
Any person related by blood or marriage to an employee of BEF
An estate or trust of which the employee or relative of the employee is a beneficiary, personal representative or trustee
An organization (company, partnership, sole proprietorship or other form of organization) in which a relative of an employee has an ownership interest, or of which a relative if the employee is an officer, director or employee.
A conflict of interest is seen to be material if it affects, might reasonably affect, or might reasonably be thought by others to affect, an employee’s judgment or conduct in carrying out his or her BEF and/or affiliate duties, decision or actions, or if it is otherwise adverse to the interests of BEF.
Employees may not engage in activities or decision making which is a real or perceived conflict of interest.
On an annual basis all employees will be asked to complete a Conflict of Interest Declaration form, revealing whether there are, or are not, any real or perceived conflicts of interest.
People & Culture will monitor the completeness of the declaration forms
The Conflict of Interest Committee will review all declared conflicts
Declarations which are not seen as a conflict will be labeled resolved and the employee notified
Declarations which are seen as possible conflicts will be investigated by the committee to ascertain whether they are seen as ‘material’ in nature
Declarations which are confirmed to be a material conflict will be reported to senior management with a recommendation for action
Declarations involving any of the Vice Presidents will be reported to the President and Executive Vice President
Declarations involving the Executive Vice President will be reported to the President
Declarations involving the President will be reported to the Chair of the Board
All declarations received during the course of the year will also be reviewed by the Conflict of Interest Committee
To ensure that BEF, its directors, employees, volunteers and others who work with BEF are compliant with Canadian and international law in carrying out its mission and to protect BEF, its operations, programs and partners from those who may want use BEF as a cover for illegal activities and/or would seek to divert the gifts entrusted to BEF to support terrorist activities.
BEF has vast experience in dealing with the challenges inherent in carrying out charitable work in some of the world’s most dangerous areas. The nature of work undertaken by BEF means that it often serves in areas that have extreme instability and a fragile infrastructure. The needs in these communities are often dire and the threat of danger may be great. Full due diligence on the part of BEF is not always possible or safe. In these circumstances, the organization’s ability to be of assistance and the safety of those delivering assistance, as well as those receiving such assistance, may be at serious risk. While it is the mission of BEF to provide humanitarian aid, this must be balanced with the need to protect BEF employees, contractors and volunteers within these communities.
BEF’s practices and procedures are developed with the aim to prevent BEF from being involved in or supporting terrorism, either directly or indirectly. Supporting terrorism includes not only providing money to terrorists, but also helping terrorists move from country to country, providing propaganda for terrorist causes, allowing terrorists to use facilities or equipment, helping terrorists launder money or having any links to terrorism, either formal or informal.
This policy applies to all employees, Representatives and volunteers of BEF.
Responsibility for this Policy
BEF Legal Services
The BEF Legal Services shall be responsible for monitoring legislation and regulations relating to this Policy and for maintaining the currency of this Policy.
Any breach of this Policy may result in disciplinary action up to and including termination of employment, appointment, or contract as applicable.
The following are responsibilities of BEF Persons to be used in order to ascertain the identity of those with whom BEF works, to achieve clarity in working relationships and to avoid, advertently or inadvertently, supporting terrorism:
· BEF Persons have a responsibility, when negotiating and entering into contracts on behalf of BEF, at all times, to ensure that BEF does not engage with listed people or listed entities deemed by the Government of Canada to be terrorist groups or organized crime gangs (“Listed Entity” and/or “Listed Entities”). BEF Persons responsible for purchasing goods or services of any description, accepting gifts or granting funds on behalf of BEF must, prior to undertaking any of these acts, review the lists published and periodically updated by the Government of Canada at: www.publicsafety.gc.ca/cnt/ntnl-scrt/cntr-trrrsm/lstd-ntts/index-eng.aspx
· When contracting with outside parties, BEF Persons must not rely solely on an entity’s representatives or website, but be diligent and use reasonable efforts to ascertain the identity of those with whom they are dealing by researching the entity and/or, where possible, meeting with the entity’s representatives to ask appropriate questions and check reliable references. This procedure applies regardless of whether the party is a vendor, contractor, consultant, implementing partner, major donor or grantee , individual, partnership, corporation or NGO.
· BEF Persons must use written contracts to record relationships where goods or services are purchased and for situations where BEF is either a grantor or conducting its own charitable activities through an intermediary, that clearly state (in addition to any other relevant clauses): the name(s) of all entities who are parties to the contract, details of the work/project and responsibilities of each party, a breakdown of expenditures to be made and how the funds will be used, the methods of monitoring and reporting, delivery or completion dates and grounds for termination of the contract.
Books and Records
· BEF Persons must keep adequate documentation, books and records of his/her engagement with all third parties, which will be retained at the BEF head office, as required by law.
Facilities and Equipment
· BEF Persons must maintain proper controls over facilities and equipment in order to ensure that they are used to support charitable purposes and will not allow its facilities and equipment to be used by those involved with or supporting terrorism.
· BEF Persons must be vigilant about security at all times. Risk to staff, including the possibility that staff could be wounded, kidnapped or killed, must be balanced with the benefits of providing humanitarian relief. In cases where there are significant threats to the safety and security of BEF Persons, BEF may identify that it is impossible to operate safely within a specific area and may suspend operations.
· BEF Persons responsible for processing major donations must take all donations made by individuals or entities whose identity cannot, with reasonable effort, be ascertained or to which certain conditions are attached, to the Gift Acceptance Committee for a decision on how to proceed, if at all. BEF will not accept any donation from a Listed Entity or from a foreign state listed as a supporter of terrorism for purposes of the State Immunity Act, or from an agency of such a state.
· Canada has sanctions in place against a number of countries, individuals and entities and BEF Persons must be aware of and comply with those sanctions. BEF Persons should review the sanctions page of the DFATD website on an annual basis.
Please see the attached Schedule “A for additional information that reinforces the above-noted practices and procedures.
In the event a BEF Person becomes aware that an individual or organization with which BEF has a relationship is a Listed Entity or is involved in activities that include violence or are illegal or unethical, then that person shall immediately inform the General Counsel and provide to her/him any information the BEF Person has pertaining to the individual or organization.
The Executive Vice President, Chief Financial Officer and General Counsel shall immediately review the information and, if appropriate, conduct an investigation. If a decision to conduct an investigation, terminate the relationship and/or inform the government authorities is taken, the Executive Vice-President shall inform the President and the Board of Directors.
Representatives: Shall include, but may not be limited to, any individual, contractor, company, organization, and/or agency that acts on behalf of, for, or in association with Be Earth Canada, pursuant to a contract or otherwise.
Terrorism: Terrorism in this policy has the definition provided in the Criminal Code of Canada, R.S.C., 1985, c. C-46, s.83.01 and is summarized as follows:
“The use or threat of violence and/or intimidation against the public or any segment of the public, whether in Canada or internationally, to compel any person, government, organization, domestic or international, to commit or refrain from any act, in order to achieve political, religious or ideological change.”
To ensure that all employees, representatives and volunteers who work with BEF are aware of the need to protect BEF, its operations, programs and partners from those who would use it as cover for illegal activities and/or would seek to divert the gifts entrusted to BEF for the alleviation of poverty and injustice.
This policy applies to all employees, Representatives and volunteers that work with BEF.
BEF Legal Services:
Shall have the responsibility to monitor legislation and regulations to maintain the currency of this policy.
Any breach of this policy may result in disciplinary action up to and including termination of employment, appointment, or contract, as applicable.
No BEF Person, third party acting on behalf of BEF or engaged with BEF, shall be involved in Corruption or participate in Corrupt Activities, or offer, pay, solicit the payment of, or accept a bribe in conjunction with any aspect of BEF’s activities.
All gifts, including occasional and small gifts, as well as entertainment services provided to BEF Persons by third parties, are governed by and are to be addressed in accordance with the BEF Conflict of Interest Policy.
In engaging with third parties, BEF Persons shall not rely solely on an entity’s representatives or website to ascertain the credentials of the entity, but shall take all reasonable and necessary steps to obtain all relevant information about any entity with whom they are contracting, including vendors, contractors, and consultants, implementing partners, major donors, granting organizations, partners, corporations and other NGOs.
BEF Persons have a responsibility to take all reasonable steps to ensure that BEF does not engage with any individual or entity deemed by the Government of Canada and the United Nations to be a terrorist group or terrorist, an organized crime gang or member thereof or on any list of terrorist entities produced by the Government of Canada, as amended from time to time.
BEF Persons must use written contracts to record relationships where goods or services are purchased, or monies or goods are granted to, or by, BEF. Every contract must include, at a minimum, clauses that state: the name(s) of all entities who are a party to the contract, details of the work/project and responsibilities of each entity, a breakdown of expenditures, the methods of monitoring and reporting, delivery or completion dates, remedies for breach of the terms and grounds for termination.
BEF Persons responsible for processing major donations must obtain instructions from the Gift Acceptance Committee for all donations, for who the donor’s identity cannot be ascertained or to which unusual or unreasonable conditions are attached, on whether or how to proceed, prior to the acceptance of any such donation.
BEF is a humanitarian relief, development, and advocacy organization and is opposed to Corruption or the use of corrupt practices in the carrying out of its activities. There are no circumstances in which diversion of resources or misuse of power can be tolerated. Corruption also poses legal risks for the organization and for the individuals involved. BEF must act, and be seen to act, in a way that is honest and transparent. Even the suggestion that BEF may be linked to corruption can be damaging to the organization’s reputation – undermining the morale of staff and the trust and support of beneficiaries, donors, partners and the wider public.
Any and all suspected incidents of Corruption, or solicitations of BEF Persons to participate in Corrupt Activities must be reported immediately to the Director of Risk Management, the Chief Financial Officer or the General Counsel, who will then inform the Executive Vice President. All allegations of Corruption will be thoroughly investigated with the relevant business unit(s), the action(s) deemed appropriate.
In the event a BEF Person becomes aware that an individual or organization with which BEF has a relationship is listed as an individual or entity on any official Government of Canada website or similar list published by the United Nations as a terrorist, terrorist organization, criminal organization or member thereof, or is involved in activities that are illegal or unethical, then that person shall immediately inform the General Counsel and provide her/him any information pertaining to the entity that may be available.
The Executive Vice President shall inform the President and the Board of Directors about all cases of Corruption and the outcomes, including any reporting thereof to governmental authorities.
Corruption: Corruption is defined as the abuse of entrusted power for gain and often includes an offer or receipt of an advantage to or from any person as an inducement to do something that is dishonest, unethical, fraudulent or illegal. Corruption includes the participation in corrupt activities.
Corrupt Activities: Activities that include accepting gifts such as cash or in-kind benefits, free goods, loans, rewards, bonuses, vacations, or special personal services in return for providing an improper advantage to the giver, or result in pressure to accept or give an improper advantage. Corrupt Activities also include, but are not limited to, practices such as bribery, fraud, extortion, collusion and money laundering.
Representatives: Shall include, but may not be limited to, any individual, contractor, company, organization, and/or agency that acts on behalf of, for, or in association with Be Earth, pursuant to a contract or otherwise.
BEF Person(s): BEF employees, representatives and volunteers
HEALTH AND SAFETY
Purpose: BEF is required to comply with the Occupational Health and Safety Act (or related act) for each province in which there is a BEF office. As such, BEF is committed to providing and maintaining a safe and healthy work environment that meets or exceeds all applicable regulatory requirements (in Ontario we will meet or exceed the standards set forth by the Occupational Health and Safety Act of Ontario), and to ensure that optimum safety, performance, health, and best practices are implemented and followed.
Scope: This Policy applies to BEF; all employees, representatives and volunteers of BEF; and relates to any and all offices and locations of BEF.
Responsibility: BEF is committed to the health and safety of its employees, representatives, volunteers and for all who are involved in our projects and as such the following outlines the responsibilities of all parties involved.
The Employer is responsible for ensuring:
compliance with any and all legislation;
appropriate health and safety education of supervisors and workers;
the provision and maintenance of safety equipment and materials;
the establishment of safe work practices and procedures;
corrective measures are taken when issues of safety or health have been identified;
the establishment and ongoing functionality of a Joint Health & Safety Committee in accordance with Ontario Health and Safety Act;
the promotion of health and safety throughout the organization.
Supervisors are responsible for the health and safety of workers under their supervision. To that end, Supervisors are responsible for ensuring:
workers work in accordance with established safe work practices and OHSA legislation;
there is job specific training for all equipment and tasks which may impact health and safety;
machinery and equipment required for use by each worker are safe and appropriate;
workspaces are clean, free from clutter and fitted to the worker in accordance with basic ergonomic principles to prevent injuries;
prompt response to potential or actual workplace hazards raised by workers under their supervision or by the Joint Health and Safety Committee;
workers are notified of existing hazards and provided with adequate safety procedures and equipment to protect the workers.
Workers and volunteers are responsible for:
working in accordance with established safe work practices and OHSA legislation;
utilizing appropriate safety clothing and equipment as required;
reporting potential and actual hazards, unsafe equipment and/or practices to their supervisor ;
ensuring that workspaces are kept clean, tidy and free from clutter;
participating in health and safety training provided by the Employer.
The function of the Joint Health and Safety Committee is to:
conduct regular meetings to review health and safety issues and recommend solutions;
keep and post accurate records of committee actions and meeting minutes;
ensure that regular and/or scheduled inspections or reviews of BEF offices and facilities are conducted, and that any potential or actual hazards are reported to the appropriate supervisor(s);
participate in health and safety training, including WSIB certification training;
partner with the Employer in the promotion of health and safety throughout the organization and in the development of health and safety training.
Health and safety is the responsibility of everyone in the organization and by everyone being familiar with the Occupational Health and Safety Act and doing their part, we will ensure that BEF is a safe place to work.
NOTE: The safety information in this policy does not take precedence over Occupational Health and Safety legislation and therefore all employees should be familiar with the Occupational Health and Safety Act for their province.
Our philosophy is that the well-being of our organization and donors is dependent on the health and safety of our workforce.
No job is to be regarded so urgent that time cannot be taken to do it in a safe manner.
The welfare of the individual is our greatest concern.
A safe work environment can be established and sustained only through a united effort by all employees, representatives and volunteers.
Employer: Be Earth
Offices: All official locations where the Employer’s work is taking place, including established
BEF offices and locations, as well as home offices established as part of the Flexible (FWA) or Alternative Work Arrangements (AWA). For detailed information refer to the relevant AWA and FWA policies on BEF Intranet.
Supervisor: Means a person who has charge of a workplace or authority over a worker
Worker: A person who performs work or supplies services for monetary compensation but does not include an inmate of a correctional institution or like institution or facility who participates inside the institution or facility in a work project or rehabilitation program.
Purpose: Be Earth is committed to protecting the privacy of its donors, supporters, employees and other stakeholders. We value the trust of those we deal with, and of the public, and recognize that maintaining this trust requires that we be transparent and accountable in how we treat the personal information that you choose to share with us.
Scope: During the course of our various activities, we frequently gather and use personal information. Anyone from whom we collect such personal information should expect that it will be carefully protected and that any use of or other dealing with this personal information is subject to express or implied consent. Our privacy practices are designed to achieve this.
Depending on where in Canada one lives, BEF may not be under any statutory obligations with respect to the protection of the personal information that is provided to us, but BEF has voluntarily decided to adhere to best practices for the collection, use and disclosure of personal information as outlined in this policy.
Personal Information is information about an identifiable individual as defined from time to time in applicable Canadian (including federal, provincial and territorial) privacy legislation.
Generally speaking, personal information is any information that can be used to distinguish, identify or contact a specific individual. This information can include an individual’s opinions or beliefs, as well as facts about, or related to, the individual. Exceptions: business contact information and certain publicly available information, such as names, addresses and telephone numbers as published in telephone directories, are not usually considered personal information.
Where an individual uses his or her home contact information as business contact information as well, we consider that the contact information provided is business contact information, and is not therefore subject to protection as personal information.
Responsibility: The Chief Privacy Officer, Be Earth is responsible for this policy and to ensure the organization is aware of any and all legislative matters with regard to ‘Privacy’ which may impact the operations of BEF.
Principles: Personal information collected by BEF may include; name, address and other contact information, credit card or bank account information for donation purposes, countries or programs an individual wishes to support, language preference, demographic information such as age and gender, and communication preferences for marketing purposes.
BEF collects personal information in order to service accounts, understand giving preferences and provide relevant communications and marketing materials.
This information may be shared with Be Earth employees for the purposes of marketing, research and analysis. In certain limited circumstances, it may be necessary to share the information with a third party service provider on a confidential basis. When this occurs, BEF provides only the information that is required to provide the services and strict terms of confidentiality are established.
Personal information gathered by BEF is kept in confidence. Our personnel are authorized to access personal information based only on their need to deal with it for the reason(s) for which it was obtained. Safeguards are in place to ensure that personal information is not disclosed or shared more widely than is necessary to achieve the purpose for which it was gathered. BEF contractually require any person or organization providing services to Be Earth to comply with federal and provincial privacy legislation. We also take measures to ensure that the integrity of personal information is maintained and retained only as long as it is required.
We collect, use and disclose personal information only for purposes that a reasonable person would consider appropriate in light of the circumstances. We do not rent or sell personal information to any other organization. We offer donors and supporters the opportunity to opt not to have their personal information used for purposes beyond those for which it was originally collected.
We use password protocols and encryption software to protect personal and other information we receive when a service is requested and/or paid for on-line. Our software is routinely updated to maximize protection of such information. The Be Earth Web site uses or may in the future use technology features such as log-in registration, cookies, or click through tracking software. The site also logs information such as Web site IP addresses and browser types. This information is used for analysis purposes and to provide better service for users.
We regularly review our privacy practices for our various activities, and update our policy. The BEF Web site will contain the most up-to-date practices.
Subject to certain exceptions, which are provided for by applicable privacy legislation or by the Personal Information Protection and Electronic Documents Act, individuals have a right to be told what personal information is held about them and to whom we may have disclosed that information.
Individuals also have a right to provide us with a correction if they believe that any personal information held about them may be inaccurate. Further information can be obtained from Be Earth’s Privacy Officer.
Further information on privacy rights in regard to personal information may be found on the Web Site of the Privacy Commissioner of Canada at https://www.priv.gc.ca/en/
Be Earth offers several opt-in mailing lists for both regular postal mail and electronic mail. Any personally identifiable information provided by them is used for the purpose of delivering the mailing item, renewing subscriptions, research and/or marketing. Users may choose to opt-out at any time by contacting our Customer Service Department.
Purpose: All fundraising activities carried out by BEF will be conducted in an ethical manner, consistent with the Code of Conduct, Core Values and Mission Statement of BEF, as well as in accordance with any and all legal, regulatory, governing and oversight bodies, such as the Canada Revenue Agency, Imagine Canada, etc.
All fundraising solicitations, by or on behalf of our organization, will disclose our full legal name, be truthful, and will accurately describe the intent and purposes for which funds are being requested and how they will be used.
BEF desires to respect the wishes and privacy of all donors and potential donors. Any and all information obtained as a result of fundraising efforts will be obtained and stored in accordance with BEF Privacy and Record Retention Policies as well as the donor themselves. BEF will not publish donor names or amounts without the express permission of the donor.
All contributors to BEF, which are not themselves registered charities, are entitled to receive an official receipt for income tax purposes for the amount of eligible contributions made in cash or for the fair market value of the property contributed. BEF may establish a minimum amount for the automatic issuance of official receipts, in which case smaller contributions will be receipted only upon request.
All funds which have been donated for specific purposes, including all restricted and named gifts, shall be segregated in BEF’s accounts and matched to expenditures which have been incurred specifically for that purpose.
BEF does not, directly or indirectly, pay finder’s fees, commissions or percentage compensation based on contributions.
Scope: This policy applies to all employees, representatives and volunteers who plan, are involved, or participate in any type of fundraising efforts on behalf of BEF.
Will be responsible for ensuring:
Applicable policies and procedures are in place for ethical fund raising activities
A Privacy Officer has been appointed who is responsible for overseeing all privacy related matters
Ethical practices are implemented and followed by all employees, representatives and volunteers
That a complaints policy and procedures are in place
Will be responsible for ensuring:
That any and all violations or potential violations are investigated and reported to the senior Leadership Team
Organizational Excellence Team:
Will be responsible to engage with all applicable personnel regarding compliance with Imagine Canada and other governing/oversight bodies relating to fundraising activities.
To be a leader and advocate for ethical fundraising
To be in compliance with all regulatory, governing and oversight bodies relating to fundraising and receipting
To be open and transparent regarding all fundraising activities
ASSISTING PEOPLE OF ALL ABILITIES
Be Earth will strive to:
1. Be aware of and work to eliminate any barriers that people with disabilities may encounter, such as:
Systemic: Situations, policies and practices which could exclude some individuals
Attitude: Negative attitudes towards persons with physical, mental or learning challenges.
Physical: Spatial barriers that might prevent persons with physical challenges from using the space with the same level of access as persons without physical challenges.
Technological: Technology barriers that could restrict the activities of daily living or diminish an individual’s ability to conduct their intended business.
Information & Communication: Barriers that might prevent access to information or communication diminishing an individual’s ability to interact and carry out their intended business effectively.
a. Examples of barriers and challenges requiring assistance from staff and volunteers:
Written material that may need to be read or described to staff and volunteers
Forms that may need to be scribed on behalf of the staff & volunteers or other individuals
Physical access barriers, such as the manual door to the boardroom corridor and the boardroom doors for a business guest or volunteer
Additional time needed to allow a person with a hearing, speech or learning disability to communicate their message
2. Ensure any barriers that become apparent are communicated to your Leader for action
Record any incidents where a barrier is identified
When immediate assistance is required, contact your Leader to advise them of the assistance requirements
PAYMENT CARD INDUSTRY COMPLIANCE
Purpose: To ensure that processes, documentation, transmission and storage of payment card information is in compliance with Payment Card Industry (PCI) Standards. Payment card data is considered critical/sensitive data and must be handled and stored in a highly secure environment, whether within BEF, with vendors/contractors/business partners, or any other person or organization.
To ensure that Third Party Service (TPS) providers that handle payment card information are in compliance with PCI standards. Any TPS provider which connects with any payment card system used by BEF must be PCI Certified and supply a copy of their certification to BEF annually or upon request from BEF.
Any issues surrounding compliance are to be reviewed by the Information Security Officer, the Director of Risk Management and Shared Services; General Counsel; and the Chief Information Officer prior to entering into a contract with a TPS provider.
Scope: This policy applies to all BEF employees, representatives and volunteers who:
receive, create or handle payment card information, whether through electronic, paper, telephone, or other medium; and/or
are responsible for negotiating contracts with TPS providers who deal with payment card information.
Responsibility: The security of payment card information is the responsibility of each business unit, third party vendors, and other personnel/organizations who handle payment card information on behalf of BEF.
Corporate Finance is responsible to ensure the adequate safekeeping of all corporate credit cards not issued, and for any and all information associated with credit cards in circulation.
BEF Employees, representatives and volunteers who negotiate contracts with TPS providers and/or who handle payment card information, are responsible to ensure that those contracts include a provision for the TPS provider to be PCI compliant.
The Technology & Innovation Security Officer will:
ensure that policies and procedures are in place which are consistent with PCI standards;
ensure that management is advised where gaps exist in terms of compliance with PCI standards;
provide comments and recommendations concerning the gaps identified;
ensure that action is taken based on the gaps identified;
ensure the annual certification for PCI compliance.
Each business unit will:
ensure that payment card information under their control is always secure and visible/accessible to only those individuals who require access to that information;
ensure that payment card information is stored only as long as it is absolutely required;
ensure that TPS providers which handle payment card information, for their specific area, are PCI compliant;
ensure that contracts with TPS providers, which handle payment card information, have a provision stating that the TPS must be PCI compliant and that the cost of being PCI compliant is strictly the responsibility of the TPS provider;
ensure that each contract has a provision for the right of audit by BEF, their representatives, or any third party that may have a right to audit BEF.
The Strategic Sourcing and Procurement department will:
ensure contracts with TPS providers being processed, and before they are approved, contain the specific clauses noted above and that the Information Security Officer has been notified;
assist business units with details and clauses to be included in such contracts;
update the contract and/or vendor data base to indicate which contracts contain clauses for PCI compliance and when the certificates are due.
The protection and backup of personal information for employees, volunteers, donors, etc. is critical in maintaining the integrity and reputation of BEF.
Our goal is to meet and exceed any and all regulations or standards that guide our business practices, such that we are meeting or exceeding ‘Best Practices’.
The responsibility for the protecting of payment card information does not end when such data is handled by a TPS provider and therefore BEF is responsible to ensure that the processes of TPS providers are PCI compliant.
“Payment Card Information” is any data/information that is associated with credit and debit cards.
“Sensitive/critical Data” includes, but is not limited to, all permanent records defined in the record retention policy; all financial records; personnel records; legal files; etc.
 UN Convention on the Rights of the Child, the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography can be viewed at: https://www.ohchr.org/en/professionalinterest/pages/crc.aspx; https://www.ohchr.org/EN/ProfessionalInterest/Pages/OPACCRC.aspx; https://www.ohchr.org/EN/ProfessionalInterest/Pages/OPSCCRC.aspx