1.0 RESPONSIBILITY

Executive Director - Human Resources

2.0 PURPOSE

2.1 This Code of Conduct applies to all employees of the Toronto Transit Commission (the “Commission”).  The Code of Conduct provides a formal statement of the policies and principles of conduct of the Commission and its employees.

2.2 All employees are expected to be aware of, and comply with, the Code of Conduct and its related policies.

2.3 The Code of Conduct provides a framework of principles for conducting business and dealing with customers, colleagues and other stakeholders which are:

- to act with integrity and professionalism;
- be scrupulous in the proper use of Commission information, funds, equipment, facilities and other assets;
- to exercise fairness, equity, courtesy, and sensitivity in dealing with customers, employees and other stakeholders; and
- to avoid conflict of interests or the appearance of a conflict of interest.

2.4 The Code of Conduct cannot anticipate every possible event or situation.  Employees are expected to use their best judgement in the spirit of this Code of Conduct.  Employees are encouraged to ask for guidance before taking action.

2.5 Contravention of this Code of Conduct is a serious matter to the Commission and will be treated as such. 

2.6 Any violation of the Code of Conduct may result in discipline, up to and including dismissal, and management should contact Employee Relations of the Human Resources Department prior to any disciplinary action being taken.

3.0 REVISIONS

This Code of Conduct is a dynamic document meant to reflect the Commission’s changing needs, realities and responsibilities.  Therefore, as the Commission evolves and new issues arise, the Code of Conduct will be periodically reviewed and modified to reflect the current environment.

4.0 EMPLOYEE RESPONSIBILITY

Employees are required to:

4.1 Adhere to the standards described in this Code of Conduct;

4.2 Treat everyone with respect and dignity, regardless of their race, ancestry, place of origin, colour, ethnic origin, religion, gender, sexual orientation, marital status, family status, record of offences, age or disability;

4.3 Perform their duties with professionalism, skill, honesty, care and diligence, using their authority in a fair and equitable manner; 

4.4 Not engage in inappropriate and unprofessional conduct in the workplace. Examples include: profanity, or swearing; excessive noise; insulting or negative comments that can affect the workplace; offensive pictures or jokes; and demonstrating little or no respect for others and/or their personal belongings. Employees are expected to be reasonable and fair in their expectations of each other and resolve any conflict in a mature and professional manner;

4.5 Not attempt, threaten or cause damage to any property in the workplace;

4.6 Reflect a professional image at all times.  Employees are requested to be mindful of their attire and dress appropriately for their job;

4.7 Abide by Commission policies and procedures, instructions and lawful directions that relate to their employment and duties;

4.8 Act at all times in full compliance with both the letter and the spirit of all applicable laws.  Employees are expected to be sufficiently familiar with any legislation that applies to their work and to recognize potential liabilities and know when to seek advice.  If in doubt, employees are expected to ask for clarification;

4.9 Refrain from committing or condoning any unethical or illegal act or instructing another employee or contractor to do so.  Commission employees should take the approach that every act should withstand the scrutiny that would be applied if it were committed in full public view; and

4.10 Promote the interests of the Commission.

5.0 MANAGEMENT RESPONSIBILITY

5.1 As part of effective management, each Department must ensure that its employees are aware of, and act in compliance with, this Code of Conduct and its related policies.

5.2 The management of the Commission is accountable for protecting the assets of, and the public trust in, the Commission.  Toward this end, management must make every effort to establish and maintain adequate systems, procedures and controls to prevent and detect fraud, theft, breach of trust, conflict of interest, bias and any other form of wrongdoing.

5.3 Upon receiving written disclosure of an actual or potential breach of this Code of Conduct, the Supervisor shall either determine that no breach exists or take reasonable steps to ensure that the matter is addressed in the appropriate manner.  This includes seeking advice from the Employee Relations Section of the Human Resources Department.

5.4 It is the responsibility of management to ensure that each incident of suspected wrongdoing is investigated.  If a violation of this Code of Conduct or any other related policy is confirmed, the Commission will deal firmly and fairly with all its employees.

6.0 REPORTING ALLEGATIONS

6.1 Breaches of this Code of Conduct require immediate attention and employees have a duty to report any known or suspected breaches.

 6.2 Any employee, who in good faith, makes a complaint or disclosure about an alleged breach of this Code of Conduct, and follows the reporting procedure outlined below, will not be disadvantaged or prejudiced in the making of such a complaint or disclosure.

6.3 A complaint or disclosure about an alleged breach of this Code of Conduct should include details about the date, time and nature of the alleged breach.

6.4 The allegations should be made to the employee’s immediate supervisor.

6.5 The person to whom the allegation is made should undertake a prompt and thorough investigation and determine whether any action is required.

6.6 All employees must co-operate fully during an investigation of suspected wrongdoing in relation to any activities outlined in this Code of Conduct.  Retaliation against someone who is a witness or is involved in such investigations is prohibited and such reprisal will result in disciplinary action. 

6.7 Any employee under investigation may, among other things, be suspended with or without pay or be re-assigned to other duties pending completion of the investigation, depending on the particulars of the case and the best interests of the Commission.

6.8 When in doubt about the interpretation of application of this Code of Conduct, clarification should be sought initially from your immediate supervisor.

7.0 GRAFFITI AND VANDALISM

7.1 Graffiti in the workplace is an act of vandalism that demonstrates a total disregard for one’s co-workers and the workplace. Incidents of graffiti in the workplace will not be tolerated. Any employee responsible for graffiti may be charged criminally.

7.2 Graffiti which singles out a person or groups of people or groups of people because of their race, ancestry, colour, ethnic origin, place of origin, citizenship creed, or religion ,age, sex, marital status, sexual orientation, same-sex partnership status or handicap is a form if harassment. It is contrary to the Ontario Human Rights Code and the TTC’s Respect and Dignity Policy. Such graffiti creates a poisoned work environment and is illegal in Ontario. Any employee who finds graffiti in the workplace must report it to Transit control at extension 3444 and their supervisor.

8.0 USE OF COMMISSION’S PROPERTY AND ASSETS

8.1 Employees shall not make unauthorized use, or use outside a sanctioned Commission initiative any property, assets or other resources of the Commission for any personal reasons.  In addition, employees must ensure that any property (including cash, cheques, documents, inventories and equipment) in their care as part of their job duties is properly secured and protected at all times.

8.2 Employees shall only use the Commission’s property for activities associated with the discharge of their duties, unless proper authorization has been granted.  Facilities such as internet access, electronic mail, voice mail, internal mail and bulletin boards are provided for Commission business and sponsored activities, and must be restricted accordingly, unless another use is approved by management.

8.3 Employees using the internet in their jobs are prohibited from performing any unacceptable or unlawful activities on the Commission’s electronic network.  By way of example, this would include accessing pornographic or hate propaganda websites.

8.4 The Commission’s electronic networks are corporate assets and employees should be aware that communications over its electronic networks should not be considered private communications.

8.5 For further guidance on this matter consult the Computer Security-Assets and Information Policy.

9.0 PROTECTION OF INFORMATION

9.1 No current or former employee shall use or disclose, other than in the performance of his or her official duties and responsibilities, or as may be required by law, or in reporting wrongdoing (i.e. whistle-blowing) confidential information gained in the course of or by reason of his or her position or employment.

9.2 Only with proper authority will employees give or release to anyone, confidential information acquired in the course of that person’s duties with the Commission.

9.3 It is every employee’s responsibility to ensure that all information collected, produced or obtained in the course of their duties, whether in reports, memos, oral communication or electronic format, is as accurate as possible.  No employee shall wilfully mislead other employees, management or the public about any issue of Commission concern.

9.4 Personal information collected by the Commission must be used or disclosed in compliance with the Municipal Freedom of Information and Protection of Privacy Act (“MFIPPA”).

9.5 No employee shall benefit, either directly or indirectly, from the use of information acquired during the course of official duties that is not generally available to the public.

9.6 For further guidance on the protection, use and disclosure of information consult the Freedom of Information and Privacy Policy.

9.7 For further guidance on confidential information consult the Conflict of Interest Policy.

10.0 MEDIA AND PUBLIC RELATIONS

10.1 Communications with the media and public will be conducted so that all information originates from a qualified, informed and approved Commission spokesperson.

10.2 Similarly, employees must use caution to ensure that the Commission’s interests are not compromised in any way, either by the use of Commission letterhead, e-mail addresses or by any other implication.

10.3 For further information and direction on this matter, consult the Employee Communications with the Media Policy.

11.0 CONFLICT OF INTEREST

Employees are required to comply with the requirement of the TTC Conflict of Interest Policy.

12.0 POLITICAL AND COMMUNITY ACTIVITY

12.1 To ensure public trust in the Commission, employees must be, and appear to be, both personally impartial and free of undue political influence in the exercise of their duties.

12.2 The Commission encourages employees to take part in community activities.  However, it is important to bear in mind that such service may, at times, place the employee in a real or perceived conflict of interest situation.  An employee must notify their immediate supervisor or potential or actual conflict of interest situations, who in turn will seek direction from the Employee Relations Section of the Human Resources Department.

12.3 For further guidance on theses matters consult the Conflict of Interest Policy and the Federal, Provincial and Municipal Elections Policy.

13.0 OUTSIDE WORK/BUSINESS ACTIVITY (MOONLIGHTING)

13.1 An employee must ensure that “moonlighting” at an external job or business does not negatively impact on their effectiveness at the Commission, nor contravene any of its related policies and procedures.  Employees must advise their immediate supervisor of all external work situation, including being self-employed, during off-duty hours, vacation periods or while on leaves of absence, to ensure compliance with the Code of Conduct and its related policies.

13.2 For further guidance on this matter, consult the Conflict of Interest Policy and the Conditions of Employment Policy.
14.0 FRAUD/THEFT

14.1 In general, fraud is an act committed which, through deceit, falsehood or other such behaviour, either deprives the Commission of its assets, property or other resources (this includes theft) or causes the Commission to act to its own detriment or prejudice.

14.2 Fraud may include acts committed with the intent to deceive, involving either misappropriation of Commission’s assets, property or other resources or misrepresentations of financial or other information to conceal such misappropriation, by such means as:

- Manipulation, falsification or alteration of records or documents;

- Suppression of information, transactions or document;

- Recording of transactions without substance;

- Misapplication of accounting principles.

14.3 All employees shall work in accordance with both the Commission’s controls established to prevent fraudulent misconduct and all applicable laws and regulations.  Employees shall exercise honesty, integrity, objectivity and diligence and shall not knowingly be a party to any fraudulent activity, including theft of time which is defined as misuse of the Commission’s time and property.  Each employee is encouraged to report, in writing, any knowledge or suspicion of fraud to their immediate supervisor.

14.4 All Commission managers are responsible for ensuring that adequate internal controls are in place to prevent and detect fraud.  Management is accountable for monitoring employee activity and performance and ensuring all employees are aware of, and in compliance with controls, policies and procedures.

14.5 All confirmed incidents or fraud or theft committed against the Commission will be viewed as acts of criminal activity and will be treated accordingly.

14.6 Employees covered by a collective agreement are subject to the specific penalties in relation to fraud/theft, as detailed in the appropriate agreement.

15.0 REFERENCE SOURCES

- Collective Agreements

- Computer Security – Assets and Information Policy

 - Conditions of Employment Policy

- Conflict of Interest Policy

- Employee Communications with Media Policy

- Federal, Provincial and Municipal Elections Policy

- Freedom of Information and Privacy Policy

- Respect and Dignity Policy

- Workplace Violence Policy