Access Copyright

Access Copyright Ethics Policy

Access Copyright is committed to operating within the laws and regulations to which it is subject and in accordance with the policies established by its Board of Directors, as well as to maintaining a high standard of ethical business practices. As part of this commitment, Access Copyright endeavours to provide a working environment based on trust and respect for individuals, where concerns can be raised and complaints made without fear. It has consequently adopted a policy that will provide a framework for confidential reporting of any suspected illegal or improper behaviour.

There are three principles that have governed the development of this policy:

  1. All employees have the right to a workplace that is free from illegal and improper activities.
  2. All employees have the right to report any activity that they believe is illegal or improper. When making such a report, all employees have the right to do so on a confidential basis and, if they wish, anonymously.
  3. All employees have the right to work in an environment that is free from intimidation and fear of retaliation.

In furtherance of these principles, Access Copyright encourages employees to make use of this policy where they wish to report suspected illegal or improper behaviour on a confidential basis, it will investigate all allegations made under this policy, and it will take all actions it deems appropriate in response.

Filing a report
  1. Any employee may report suspected illegal or improper activities. Reports may be made anonymously or otherwise, but anonymity carries with it an inherent inability for the recipient of the report to ask further questions to clarify issues and may impede investigation of the complaint.
  2. Employees are encouraged to make reports of suspected illegal or improper activities in writing so as to ensure a clear understanding of the issues raised but may make such reports orally.
  3. Normally, a report of suspected illegal or improper activity should be made to the reporting employee's immediate manager or other appropriate manager within the operating unit (such as a section director). However, to ensure confidentiality when there is a potential conflict of interest or other reason why this might be inappropriate, such reports may be made to internal or external legal counsel or to the Executive Director. If the alleged activities involve a section director, the report should normally be made to the Executive Director. If the alleged activities involve the Executive Director or if for other reasons reporting to the Executive Director may seem inappropriate to the complainant, the report should be made to any of the following officers of Access Copyright: the Co-chairs, Secretary (Communications Committee chair) or Treasurer (Finance Committee chair) .Their contact information can be found on the Access Copyright Intranet.
  4. When a person reports suspected illegal or improper activities to an appropriate authority, his or her report is known as a protected disclosure. The rights of the employee when making a protected disclosure are outlined below (Protection from Retaliation).

Receiving a Report

The person to whom the protected disclosure is made has the following obligations:

  1. To explain to the complainant the nature of the process, including the extent to which the complainant's identity and information may need to be shared during the investigation process. Where a complainant is not comfortable with the degree of disclosure that may be desirable or necessary to facilitate investigation or resolution of his or her complaint, the recipient of the complaint must explain to the complainant the potential implications of this on resolving the complaint.
  2. To keep confidential, to the extent reasonably possible, the identity of the complainant and identifying information contained in a protected disclosure.
  3. To initiate investigation of the complaint, involving others as necessary to ensure its proper investigation.
  4. To communicate the results of the investigation to the complainant.
  5. Where necessary, to initiate action necessary to address the situation that gave rise to the complaint.

Protection from Retaliation

Access Copyright is committed to protecting employees from interference with making a protected disclosure and from retaliation for having made a protected disclosure.

Where a protected disclosure has been made, the following obligations extend to all employees of Access Copyright:

  1. An employee of Access Copyright may not retaliate against an employee who has made a protected disclosure or who has refused to comply with an illegal or improper request or order.
  2. An employee of Access Copyright shall not, directly or indirectly, use or attempt to use the official or perceived authority or influence of his or her position or office for the purpose of interfering with the right of an employee to make a protected disclosure.

Sanctions for the commission of an act or threat of retaliation or interference may include any reasonable course of action including termination.

An employee who is experiencing retaliation or whose right to make a protected disclosure is interfered with has the right to file a written retaliation complaint with internal legal counsel or the human relations manager. The recipient of this complaint will forward it to and consult with external legal counsel.

A retaliation complaint must be filed within 12 months of the alleged act or threat of retaliation or interference. If the complainant alleges a pattern of retaliation, the complaint must be filed within 12 months of the most recent alleged act or threat of retaliation. If the employee perceives a conflict of interest, retaliation complaints may be filed with one or both of the Co-Chairs.

Any person receiving the written retaliation complaint has the same obligations, including confidentiality, as those stated above for a person receiving a protected disclosure (Receiving a Report).