Conflict of Interest Policy - Template, Sample Form Pro · EN-CA-law

CONFLICT OF INTEREST POLICY

________ (the "Employer")

Effective Date: ________

Province of Application: ________

§ 1. INTRODUCTION AND APPLICATION

1.1 ________ (the "Employer") has adopted this Conflict of Interest Policy (the "Policy") to ensure that all employees, officers, contractors and other persons engaged by the Employer (collectively, "Employees") act ethically, honestly and with integrity in the course of their engagement with the Employer.

1.2 This Policy applies to all Employees of the Employer at ________ and at all other locations and operations of the Employer, and forms part of, and is to be read together with, each Employee's terms and conditions of employment and any applicable code of conduct.

1.3 This Policy is intended to assist Employees in the performance of their duties, to help them identify and avoid actual, potential and perceived conflicts of interest, and to provide guidance on the disclosure of such conflicts. Nothing in this Policy is intended to diminish any right or entitlement guaranteed to Employees under applicable employment standards legislation, human rights legislation, occupational health and safety legislation, or any other applicable law of the Province of ________ and of Canada.

§ 2. PURPOSE AND CONTEXT

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2.2 Employees should treat this Policy as a guide to help them avoid actual, potential and perceived conflicts of interest. The examples and circumstances described in this Policy are illustrative only and are not intended to be an exhaustive list.

2.3 A conflict of interest may arise in any situation in which an Employee's personal, financial, family or other private interests interfere, or could reasonably be perceived to interfere, with the interests of the Employer or with the Employee's ability to perform their duties objectively and in the best interests of the Employer.

§ 3. STANDARDS OF CONDUCT

3.1 The Employer expects all Employees to conduct themselves ethically, honestly and lawfully. In particular, each Employee shall:

1. comply with all applicable federal and provincial laws, rules and regulations;
2. conduct themselves in a manner that does not compromise the reputation, integrity or lawful interests of ________;
3. not hold or acquire financial interests that conflict, or could reasonably be perceived to conflict, with those of ________;
4. not become affiliated with, or engage in outside employment or business activity with, any person or organization in a manner that conflicts with the interests of ________;
5. avoid actual conflicts of interest and the appearance of conflicts of interest;
6. disclose actual, potential or perceived conflicts of interest to the Employer as soon as reasonably possible in accordance with § 5;
7. not use, disclose or share confidential or proprietary information belonging to ________ except as authorized or required by law; and
8. not use the property, resources or position of the Employer for personal benefit or for the benefit of any third party except as authorized by the Employer.

3.2 Nothing in this Policy restricts an Employee from engaging in lawful political activity, lawful collective activity, or any other lawful activity outside of working hours that does not conflict with the legitimate interests of ________. The Employer will assess, acting reasonably and in good faith, whether a conflict of interest exists in any particular case.

3.3 Nothing in this Policy is intended to interfere with any Employee's lawful right to discuss the terms and conditions of their employment or to engage in activity protected under applicable labour relations and employment standards legislation.

§ 4. EXAMPLES OF CONFLICTS OF INTEREST

4.1 The following examples are illustrative only and are not exhaustive. They are intended to assist Employees in recognizing situations that may give rise to an actual, potential or perceived conflict of interest that should be disclosed. A conflict of interest may exist where:

1. the Employee, or a member of the Employee's family or household, has an actual or potential financial interest that would, or could reasonably be perceived to, affect the Employee's ability to perform their duties impartially;
2. the Employee is engaged in, or has the potential to become engaged in, a business or undertaking that is in direct or indirect competition with ________;
3. the Employee solicits or accepts gifts, benefits, hospitality or monetary compensation of more than nominal value from third parties dealing with the Employer, including customers, clients or vendors;
4. the Employee uses the Employer's confidential or proprietary information for personal gain or for the benefit of any third party; or
5. the Employee otherwise stands to gain a personal benefit from their relationship with ________ beyond their entitlements as an Employee.

§ 5. DISCLOSURE

5.1 An Employee who becomes aware of an actual, potential or perceived conflict of interest, or of any situation that could reasonably be perceived as a conflict of interest, shall disclose the matter in writing to their immediate supervisor or to the human resources department as soon as reasonably possible.

5.2 The disclosure shall include all relevant facts and circumstances known to the Employee so that the Employer may assess the situation and determine the appropriate course of action. Disclosures may be directed to ________.

5.3 An Employee who is uncertain whether a particular situation constitutes a conflict of interest is encouraged to disclose the matter so that it may be reviewed.

§ 6. REVIEW AND RESOLUTION

6.1 Upon receiving a disclosure, the Employer will review the circumstances, acting reasonably and in good faith, and determine whether a conflict of interest exists and how it should be addressed.

6.2 The Employer may require the Employee to take reasonable steps to eliminate or mitigate the conflict, including, without limitation, recusing themselves from certain decisions or matters, divesting an interest, ceasing an outside activity, or being reassigned to other duties.

6.3 All disclosures and resolutions will be handled in a confidential manner to the extent reasonably possible and in accordance with applicable privacy legislation, including the Personal Information Protection and Electronic Documents Act (Canada) and any applicable provincial privacy legislation.

6.4 The Employer retains the discretion, exercised reasonably and in good faith, to determine whether a conflict of interest exists and the manner in which it will be resolved.

§ 7. CONSEQUENCES OF NON-COMPLIANCE

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7.2 Nothing in this Policy alters the at-will or contractual nature of any employment relationship except as expressly set out herein, and nothing in this Policy limits the Employer's obligations under applicable law upon termination of employment.

§ 8. AMENDMENT AND ADMINISTRATION

8.1 The Employer reserves the right to amend, supplement or replace this Policy from time to time, in its discretion and in accordance with applicable law, and will communicate any material changes to Employees.

8.2 This Policy shall be governed by and construed in accordance with the laws of the Province of ________ and the laws of Canada applicable therein.

8.3 If any provision of this Policy is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

§ 9. QUESTIONS

9.1 Employees who have any questions concerning this Policy may contact their immediate supervisor or the human resources department.

ACKNOWLEDGEMENT

I acknowledge that I have received and reviewed the Conflict of Interest Policy and that I understand my obligations under this Policy. I understand that failure to comply with this Policy may result in disciplinary action, up to and including termination of employment.

I further understand that the Employer reserves the right to amend, modify or replace this Policy from time to time in accordance with applicable law.

_________________________
Employee Signature

Employee Name (Print): ________

Date: ________

Acknowledged on behalf of the Employer:

_________________________
Authorized Representative Signature

Name: ________

Title: ________

Date: ________