Updated: January 18, 2024

Purpose of the policy

The Canadian Institute of Mining, Metallurgy and Petroleum (“CIM”) is committed to promoting a safe work environment that is free from discrimination, violence and harassment, in which its employees (“CIM Personnel”) are treated with respect and dignity, and in which they are able to contribute fully while having equal access to opportunities.

To this end, CIM has adopted this Workplace Discrimination and Harassment Policy (the “Policy”). The Policy aims at ensuring that the CIM Personnel’s physical and mental well-being in the workplace is protected, to promoting a workplace free of discrimination, violence, and harassment, and to establishing a complaint-handling process.

More specifically, the Policy’s objectives are as follows:

• Advising CIM Personnel that harassment, violence and discrimination in the workplace is unacceptable, is inconsistent with CIM standards, is a violation of applicable laws and will not be tolerated by CIM.
• Setting out CIM and CIM Personnel’s rights and obligations thereunder.
• Providing examples of the types of behaviour that may be considered as workplace harassment, violence or discrimination.
• Setting out the process for ensuring a fair and prompt dealing of all complaints filed pursuant to this Policy.
• Ensuring that any violation of this Policy will be dealt with appropriate measures, including immediate termination of employment for serious reasons.
• Ensuring that any person who files a good faith complaint of harassment, violence or discrimination, or participates in good faith in any investigation regarding such a complaint, will not be the subject of any retaliation.
• Ensuring that CIM fulfill its obligations under applicable employment, human rights and health and safety laws and pursuant to Québec’s Act respecting Labour Standards, Act respecting Occupational Health and Safety, Charter of Human Rights and Freedoms and other applicable laws.

Scope of the policy

This Policy applies to all CIM Personnel, including when they are involved in activities connected to CIM (conferences, events, meetings, publications, presence on social media, etc.).

This Policy applies to all CIM Personnel while acting in the course of employment, while on company premises (i.e. buildings and grounds on which the Company’s business is conducted), while on Company business activities, while representing the Company and while attending Company sponsored events (for example, holiday parties). It also includes all written communications through electronic means (e.g. e- mails, instant messaging, text messages, etc.) and on social media (e.g. LinkedIn, Facebook, Instagram).

CIM Personnel may file a complaint pursuant to this Policy regardless of who is perpetrating the discrimination, violence and harassment, whether they are CIM Personnel or not, and regardless of their position, status or relationship with CIM (including, for example, customers, suppliers, directors, officers, volunteers or other stakeholders).

Definitions

Workplace Discrimination:

Workplace discrimination is any conduct which causes CIM Personnel to be, in the course of their employment with CIM, treated unequally, unfairly or in a disadvantaged manner due to, or in relation to, any of the grounds protected by applicable human rights legislation. Discrimination exists when the actions result in a distinction, exclusion, or preference.

Pursuant to the Québec Charter of Human Rights and Freedoms, the prohibited grounds of discrimination are race, colour, sex, gender identity or expression, pregnancy, sexual orientation, civil status, age except as provided by law, religion, political convictions, language, ethnic or national origin, social condition, a handicap, or the use of any means to palliate a handicap.

Workplace Harassment:

Every CIM Personnel has the right to a workplace free of harassment. For the purposes of this Policy, workplace harassment includes:

a) Psychological harassment.
b) Sexual harassment (which is a form of psychological harassment).
c) Discriminatory harassment.

With respect to workplace harassment, comments or conduct need not be directed at a specific individual, and may come from any person, whether they are CIM Personnel and regardless of their position, status or relationship with CIM (including, for example, customers, suppliers, directors, officers, volunteers or other stakeholders).

a) Psychological Harassment

Psychological harassment means any vexatious behaviour in the form of repeated and hostile or unwanted conduct, verbal comments, actions, or gestures, that affects an employee’s dignity or psychological or physical integrity and that results in a harmful work environment for the employee. For greater certainty, psychological harassment includes such behaviour in the form of such verbal comments, actions or gestures or a sexual nature (i.e. sexual harassment).

A single serious incidence of such behaviour that has a lasting harmful effect on an employee may also constitute psychological harassment.

It should be noted that the fact that a person does not specifically object to harassing behaviour, or that they appear to be accommodating such behaviour, does not mean that the behaviour is not harassment, nor does it mean that the person consents to it.

For the sole purpose of illustrating the type of behaviour that can be considered psychological harassment, the following is a non-exhaustive list of behaviours that may be qualified as such:

• Bullying, including repeated acts or comments intended to intimidate or isolate an individual or group.
• Discrediting a person by spreading rumours about them, ridiculing them, humiliating them, inappropriately questioning their beliefs or their private life.
• Verbal and/or physical abuse, which includes yelling at or attacking someone, damaging their property, assaulting, or threatening them.
• Any interaction that would reasonably make a person feel uncomfortable, such as stalking, staring at, or getting too close to a person.
• Abusive surveillance.
• Destabilizing a person by making fun of or making negative references to their beliefs, tastes, choices, or weaknesses.

b) Sexual Harassment

Sexual harassment is any behaviour that meets the definition of psychological harassment and involves comments, actions, words, or gestures of a sexual nature.

For the sole purpose of illustrating the type of behaviour that can be considered sexual harassment, the following is a non-exhaustive list of behaviours that may be qualified as such:

• Comments about a person’s gender, physical characteristics or mannerisms.
• Gender-based paternalism that undermines a person’s self-respect, status or responsibility.
• Unwanted physical contact.
• Suggestive remarks or offensive innuendoes of a sexual nature.
• Proposals for intimate relationships.
• Words, threats or taunts of a sexual nature.
• Lustful, languid or lecherous stare.
• Bragging about sexual prowess or having discussions about sexual activities.
• Offensive jokes or comments of a sexual nature.
• Coarse or vulgar language or humour of a sexual nature.
• Displaying, sharing or disseminating videos, photos, drawings or other material of a sexual nature, including by electronic means.
• Repeated invitations to dates.
• Requests for sexual favours.

For greater clarity, this Policy also prohibits sexual solicitation or advances by any person who is able to grant or deny an advantage to the person solicited or receiving an advance, or to impose a sanction (the “quid pro quo”). This includes managers and supervisors, as well as co-workers. Reprisals for rejecting such solicitations or advances are also prohibited.

c) Discriminatory Harassment

Discriminatory harassment means any behaviour, gesture or word that corresponds to the definition of psychological harassment, but which is based on one of the grounds protected by the Québec Charter of Rights and Freedoms as described in this Policy, or as provided by applicable provincial or federal legislation.

For the sole purpose of illustrating the type of behaviour that can be considered discriminatory harassment, the following is a non-exhaustive list of behaviours that may be qualified as such:

• Disparaging remarks, jokes, innuendoes, offensive comments or remarks that make someone uncomfortable related to any of the protected grounds listed above.
• Displaying, sharing or disseminating offensive pictures, drawings or other discriminatory documents, including by electronic means.
• Singling out a person for the purpose of humiliating or demeaning them by teasing or making jokes about them being a member of a protected group.
• Unjustifiably excluding an individual, for example, by withholding information, refusing to speak to them, excluding them from discussions, meetings or from social events, based on any of the protected grounds.
• Unjust division of work or responsibilities based on any of the protected grounds.

Workplace Violence:

Every CIM Personnel has the right to a workplace free of workplace violence.

Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the workplace. It ranges from threats and verbal abuse to physical assaults and even homicide. As for harassment, workplace violence can come from CIM Personnel or third parties.

For the sole purpose of illustrating the type of behaviour that can be considered violent, the following is a non-exhaustive list of behaviours that may be qualified as such:

• Causing physical injury to another person through pushing, use of force, slapping, punching, etc.
• Dangerous or threatening horseplay.
• Making threatening remarks or threatening to use physical force.
• Loud, disruptive or angry behaviour or language that is clearly not part of the typical work environment.
• Intentionally damaging employer property or property of another employee or threatening to damage such property.

Management Rights and Interpersonal Conflicts:

It is understood that the reasonable exercise of management rights by CIM, including performance management and the imposition of administrative or disciplinary measures, shall not be considered as workplace violence or psychological and/or discriminatory harassment of any kind.

Similarly, interpersonal conflicts between CIM Personnel that form a part of the normal work environment or interpersonal relationships between colleagues do not necessarily constitute harassment, violence, or discrimination within the meaning of the above definitions.

Roles and Responsibilities:

All CIM Personnel are responsible for:

• Contributing to a workplace free of harassment, violence and discrimination.
• Conducting themselves in a respectful and professional manner, always in compliance with the Code of Conduct. Conduct which is disrespectful or unprofessional, or in breach of the Code of Conduct, is strictly prohibited, even if the conduct does not amount to harassment, violence or discrimination pursuant to this Policy..
• Refraining from any behaviour prohibited under this Policy..
• Promptly reporting to their supervisor any situation that may constitute a violation of this Policy..
• Cooperating fully in any process or investigation of a complaint made under this Policy..

Senior Leadership of CIM have additional responsibilities to those of other employees, as follows:

• Reporting immediately any situation that may constitute a violation of this Policy to the CIM Chief Executive Officer (“CEO”) or, where the CEO is the subject of the reporting (or the person filing the complaint does not feel comfortable addressing it to the CEO), to the President of the Board of Directors (“CIM President”).
• Acting immediately on any report or complaint of a violation of this Policy (including reporting the situation to the CEO or, where the CEO is the subject of the reporting or the person filing the complaint does not feel comfortable addressing it to the CEO, to the CIM President).
• Promoting an atmosphere of respect within CIM, that is free of harassment and discrimination, and leading by example.
• For the purposes of this Policy, Senior Leadership is defined as those CIM Personnel who report directly to the CEO and who have direct report(s) and the CEO.

CIM responsibilities:

• Promoting an atmosphere of respect within CIM, that is free of harassment, violence, and discrimination.
• Providing training to all CIM Personnel on the prevention of harassment, violence, and discrimination in the workplace and on this Policy.
• Acting immediately on any report or complaint of a violation of this Policy, including investigating any such complaint in compliance with the Policy, adopting the necessary measures to put an end to the behaviour which constitutes a violation of this Policy, and, where applicable, imposing the appropriate disciplinary measures.
• Protecting the confidentiality of the intervention process, including information related to the complaint or report, to the extent permitted by applicable laws.

Complaint processing procedures

Reporting:

CIM Personnel are encouraged, whenever possible, to communicate their discomfort or the unwanted aspect of any behaviour towards them directly to the individual responsible for it, and to ask them to stop the behaviour. However, this is not a required step prior to reporting or filing a complaint.

If the situation cannot be resolved in this manner, or if the CIM Personnel in question is uncomfortable or unable to attempt such resolution, the CIM Personnel is encouraged to file a complaint without delay.

Such a complaint may be addressed either:

• To the manager of the CIM Personnel making the complaint.
• To the manager of the person who is the subject of the complaint (“Respondent”).
• To the CEO or, in the case where the CEO is the subject of the reporting or the person filing the complaint does not feel comfortable addressing it to the CEO, to the CIM President.

Whenever possible, the complaint should be submitted in writing and include all the following details:

• What: What happened – a description of the events or situation.
• Where: The location(s) the events occurred.
• When: The dates and times of the events.
• Who: The name of the person(s) who is/are the subject of the complaint and the names of potential witnesses (if any).

Verbal complaints may also be provided but CIM may require that the CIM Personnel subsequently put in writing the details of the complaint.

Processing of Complaint:

Any complaint of a violation of this Policy will be dealt with promptly and impartially by CIM.

Any person who receives a complaint under this Policy must forward the complaint to the CEO, unless the CEO is the subject of the complaint, the person filing the complaint does not feel comfortable addressing it to the CEO or there is a potential conflict of interest. In such a case, the complaint should be forwarded to the CIM President.

The CEO will first contact the person making the complaint (the “Complainant”) to obtain additional details, if any, about the complaint. If the Complainant is not the alleged victim, the CEO will then contact the alleged victim to obtain their comments on the complaint.

The CEO will then inform the Respondent of the situation in due course, as well as of the allegations against them.

In handling the complaint, CIM will take such interim measures as it deems reasonable in the circumstances to protect the parties involved (e.g., transfer, modification of duties, restricted access to CIM’s electronic systems, suspension for investigation, etc.). The decision to impose interim measures (and the nature of such measures) will be made on a case-by-case basis.

An informal resolution process may be offered to the alleged victim and the Respondent (e.g. mediation). However, should this process not be deemed appropriate by CIM or be refused by either of the parties, an impartial investigation will be conducted. CIM reserves the right to entrust such an investigation to an external resource, where appropriate.

In the course of the investigation, the Complainant, alleged victim and Respondent will be met by the selected investigator. Any potential witnesses deemed relevant by the investigator will also be met. All CIM Personnel are required to fully participate and cooperate in the investigation and a failure to do so may result in disciplinary measures. All potential witnesses will be required to execute a confidentiality acknowledgement and will have to treat the existence of the investigation and the information related thereto strictly confidential. Any breach of the confidentiality obligations will be treated seriously and may also result in disciplinary measures.

At the end of the investigation, the alleged victim and Respondent will be informed of the results of the investigation and of any measures adopted by CIM and relevant to them.

CIM Personnel found in violation of this Policy will be subject to the appropriate disciplinary measures, up to and including immediate termination of employment for serious reasons.

Confidentiality and Protection of Personal Information:

Information obtained about an incident or complaint under this Policy and information necessary to address it, including the identity of the complainant and the existence of the investigation, will only be disclosed on a need-to-know basis, if it is necessary for the purposes of the investigation, to take necessary corrective action, or if required by law.

All documents related to a complaint, including the written complaint, witness statements, investigation notes and reports, as well as documents arising from the complaint, will be kept in a secure location by the CEO (or, where the case that the CEO is the subject of the reporting, or the person filing the complaint does not feel comfortable addressing it to the CEO, the CIM President), and separate from the CIM employee’s personnel file, if applicable.

Reprisals:

CIM will not retaliate nor will it tolerate any retaliation against CIM Personnel who report in good faith a perceived or actual violation of this Policy, or who participate or cooperate in an investigation of such situations.

CIM Personnel must respect the right of their co-workers to file complaints under this Policy. CIM Personnel are strictly prohibited from threatening, intimidating, or otherwise discouraging a colleague from filing a complaint or cooperating with an investigation under this Policy.

Any situation of retaliation by CIM Personnel against an individual because of their participation in a complaint or investigation under this Policy will be treated as a violation of this Policy.

CIM Personnel who believes that they have been subjected to retaliation in any way must report such retaliation in the same manner as harassment, violence or discrimination. CIM may take the necessary measures to deal with such behaviour, including the imposition of disciplinary measures, up to and including immediate termination of employment for serious reasons.

However, CIM reserves the right to take appropriate action, including appropriate disciplinary action up to and including immediate termination of employment for serious reasons, if a complaint under this Policy is made in bad faith, with malicious intent and/or if it is determined that CIM Personnel knowingly provided false information about a complaint.

Breach of this policy

CIM Personnel found in violation of this Policy will be subject to the appropriate disciplinary measures, up to and including immediate termination of employment for serious reasons.

Amendments to the policy

This Policy may be amended from time to time at CIM's discretion.

Contact us

If you have any questions about this Policy, please contact:

Angela Hamlyn
CEO
ahamlyn@cim.org
(514) 939-2710 ext. 1303