Whistle Blower Reporting and Protection Policy

1.0 PURPOSE

1.1 To establish and maintain a process for the reporting of improper activity, unethical behaviour or wrongdoing by a TTC employee or contractor providing services to the TTC.

1.2 To provide protection from reprisal towards employees or contractors who in good faith, report improper activity, unethical behaviour or wrongdoing.

2.0 COMMITMENT

2.1 The success of the TTC depends on the ethical behaviour of all of its employees and contractors. The TTC is committed to conducting business in an open, ethical, accountable and transparent manner.

2.2 It is in the public interest to maintain and enhance public confidence in the TTC, its employees and contractors, by providing disclosure of wrongdoing with respect to the TTC.

2.3 All employees have an obligation to report any activity by a colleague, or contractor that appears to violate applicable laws, rules, regulations or policies.

2.4 All contractors will be advised of the applicable provisions of this policy and will be expected to enforce these requirements for their employees, sub-contractors and agents.

3.0 DEFINITIONS

3.1 Contractor

Any person or entity, including their employees, that have been contracted, sub-contracted, or otherwise engaged to supply goods or services to the TTC  including a vendor, supplier, consultant or service provider.

3.2 Improper activity

Any activity by a TTC employee or contractor that appears to violate applicable provincial, federal or municipal laws, TTC rules, regulations, policies or procedures.

For the purposes of this policy, an improper activity does not include any activity that is subject to other applicable TTC processes or procedures, such as processes provided for under collective agreements, and policies on safety and the protection of human rights.

3.3 Unethical behaviour

Behaviour by a TTC employee or contractor which is not in accordance with accepted TTC standards or policies.

3.4 Wrongdoing

Any immoral or improper behaviour or action of a TTC employee or contractor.

3.5 Whistle blower

Is an employee or contractor acting in good faith, who reports an occurrence or suspected occurrence of any improper activity, unethical behaviour or wrongdoing in relation to the TTC’s property, assets, services or resources.

3.6 Reprisal

Is any retaliatory act directed at an employee or contractor as a result of the employee or contractor being a whistle blower. Examples of reprisal may include but are not limited to:

 - oral or written reprimand
 - suspension or termination
 - demotion or loss of advancement opportunities
 - change in duties
 - reduction in pay
 - change in reporting structure or work location
 - harassment, threats, coercion, interference or intimidation

4.0 RESPONSIBILITIES

4.1 Employees and Contractors

4.1.1 Employees and contractors must, in good faith, report instances of suspected improper activity, unethical behaviour or wrongdoing. Employees and contractors are encouraged to raise issues with their immediate supervisor or manager.

4.1.2 Employees and contractors should provide as much information as possible about the possible improper activity, unethical behaviour or wrongdoing they are reporting.

When providing information, an employee or contractor is encouraged to identify him/herself and include his/her contact information. This information will assist in the investigation of the matter, including any follow-up discussions that may be needed. In some cases it may not be possible to initiate or properly conduct an investigation without this information.

4.1.3 It is recognized that in some circumstances an employee or contractor may not be comfortable raising a concern of potential improper activity, unethical behaviour or wrongdoing with his/her supervisor or manager. For these reasons, the TTC has established an “Integrity” program, using the services of a third party service provider, has set up an independently managed, toll-free hotline that is available year-round, 24 hours a day, 7 days a week to receive reports from employees on potential improper activities, unethical behaviour or wrongdoing. The “Integrity” program is an anonymous reporting mechanism.

For information on how to report possible improper activity, unethical behaviour or wrongdoing to our third party vendor, please visit the Human Resources Department’s intranet site. Information is also available at work locations.

The TTC recognizes that there may be cases of emergency where it is necessary to immediately report an ongoing, dangerous improper activity. In these cases, employees should call 911 or PAX 9-911 and notify Transit Control at 3555.

5.0 WHISTLE BLOWER PROTECTION

The TTC will provide protection from retaliation to employees and contractors who, in good faith, report suspected improper activity, unethical behaviour or wrongdoing using the available reporting channels, in accordance with this Whistle Blower Reporting and Protection Policy.

No TTC employee or contractor shall take any action in reprisal against a whistle blower.

A whistle blower that believes he/she is the subject of a reprisal shall if appropriate, notify his/her supervisor of the alleged reprisal for investigation. Should this not be practical, the employee shall notify the Director of Employee Relations, Human Resources Department.

Where a manager or supervisor is informed of, or becomes aware of an alleged reprisal against a whistle blower, the manager or supervisor shall inform the Director of Employee Relations.

Any allegations of reprisal will be the subject of investigation by Investigative Services, Human Resources Department or as otherwise directed by the Chief Executive Officer. Where an investigation substantiates the allegations of a reprisal, Investigative Services and the Chief People Officer will consult with the Head of Legal Department and General Counsel to ensure that appropriate actions are taken to stop, reverse or remedy the reprisal against the whistle blower.

Any employee or contractor who violates this policy or who is responsible for reprisal against any whistle blower will be subject to disciplinary action, up to and including dismissal and/or legal action.

An employee or contractor who knowingly makes a false or misleading statement during the course of a complaint investigation, hearing or proceeding will be subject to disciplinary action, up to and including dismissal and/or legal action.