1.0 PURPOSE

To ensure the protection and safety of TTC revenue, property and assets and to establish a procedure for the reporting and investigation of suspected criminal activity at or in the workplace or which impacts the workplace.

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.

2.0 DEFINITIONS

2.1 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.

2.2 Criminal Activity

Criminal activity relates to activities that are criminal in nature. Criminal activity includes but is not limited to fraud, theft, and mischief.

2.2.1  Fraud

Fraud includes a deliberate false misrepresentation or deception that is intended to result in unfair or unlawful financial or personal gain.

Fraud will typically involve a dishonest act or omission in an attempt to gain some personal benefit or advantage (or to gain some personal benefit or advantage for a family member or friend). It can also include the abuse of authority, assigned to, or entrusted upon, an individual by the TTC, to achieve an improper end.

Examples of fraud include but are not limited to:
-  Bribes, corruption and embezzlement,
-  Forgery or alteration of cheques, or documents;
-  Misappropriation of funds, supplies or other assets;
-  Improper handling and reporting of monetary transactions;
-  Misuse of one’s position for personal gain;
-  Destruction, removal or inappropriate use of records or assets;
-  Submission of incorrect timesheets;
-  Submission of false or misleading information on employee benefit claims or application.

2.2.2  Theft

Theft includes the taking, without permission, or stealing of any object, money, service, asset, time or information that is the property of anyone, including property of the TTC or under control of the TTC.

2.2.3  Mischief

Mischief includes the damaging or destruction of any TTC property, facility, vehicle, equipment or other asset.

2.3 Workplace

Workplace includes, but is not limited to all land, facilities, mobile equipment and vehicles owned, leased or otherwise directly controlled by the TTC for the purpose of conducting TTC business. This includes TTC revenue and non-revenue vehicles, subway stations, transportation and maintenance facilities, track level and offices. It also includes any locations or worksites to which employees have been assigned or which they may access during the performance of their duties.

3.0 RESPONSIBILITIES

3.1 Management and Supervisory Staff

3.1.1 All levels of management and supervisory staff are responsible for assisting employees and contractors in the administration, interpretation and application of this policy; and for exercising due diligence and control to prevent, detect and report suspected criminal activity at or in the workplace or which impacts the workplace.

3.1.2 All levels of management are responsible for establishing and maintaining a system of internal controls to ensure the detection and prevention of criminal activity. To this aim, management should be familiar with the types of criminal activity that might occur within their areas of responsibility and remain vigilant for any indicators of such conduct.

3.1.3 Executive Management shall support employees and contractors who report suspected criminal activity at or in the workplace or which impacts the workplace to ensure that there is no reprisal against the employee or contractors. Please refer to Whistle Blower Reporting and Protection Policy.

3.1.4 Management and supervisory personnel who have received reports of suspected criminal activity shall immediately notify the Investigative Services Unit of the Human Resources Department of the allegations.

3.2 Employees and Contractors

3.2.1 All employees and contractors shall exercise honesty, integrity, objectivity, accountability and diligence and shall not knowingly be a party to any criminal activity.

3.2.2 All employees and contractors must, in good faith, report all instances of suspected criminal activity. Employees and contractors are encouraged to raise incidents or suspected incidents with their immediate supervisor or manager. 

3.2.3 Employees and contractors should provide as much information as possible about the possible criminal activity they are reporting.

When providing information to management, 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.

3.2.4. It is recognized that in some circumstances an employee or contractor may not be comfortable raising a concern regarding potential criminal activity to 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 criminal activity.  The “Integrity” program is an anonymous reporting mechanism.

For information on how to report possible criminal activities 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 on-going, dangerous criminal activity. In these cases, employees and contractors should call 911 or PAX 9-911 and notify Transit Control at PAX 3555.

3.3 Investigative Services – Human Resources

3.3.1 Investigative Services will assess and investigate reports of suspected criminal activity. If Investigative Services receive a report that does not constitute criminal activity or when the results of an investigation indicate inappropriate employee or contractor behaviour that is not criminal in nature, such information will be forwarded to the appropriate Department to assess the required course of action.

3.3.2 As criminal activity is a corporate concern, Investigative Services will, as appropriate, consult with the Chief People Officer, the TTC’s Head of Legal Department, & General Counsel and the Chief Executive Officer, or their delegates.

3.3.3 Decisions to refer the results of the investigation to the Toronto Police Service or other regulatory agencies will be made by the Investigative Services, Staff Sergeant or designate in consultation with the Chief People Officer, the Head of Legal & General Counsel and, if necessary, the Chief Executive Officer or their delegates, as appropriate.

3.3.4 Investigative Services may, upon conclusion of an investigation, make recommendations to departmental management to minimize future risk. Management is responsible for implementing the appropriate controls to prevent reoccurrence.

4.0 WHISTLE BLOWER PROTECTION

The TTC will provide protection from retaliation towards employees who, in good faith, report suspected criminal activity using the available reporting channels, in accordance with the Whistle Blower Reporting and Protection Policy.

5.0 DISCIPLINARY ACTION

An employee that has participated in criminal activity that directly or indirectly impacts his/her employment or who knowingly makes false or misleading statements during the course of a complaint, investigation, hearing or proceeding or is found to have reasonably known or did know of an occurrence of criminal activity and did not report it shall be subject to disciplinary action up to and including dismissal and/or legal action.

A contractor that has participated in criminal activity that directly or indirectly impacts his/her contractual relationship with the TTC or who knowingly makes false or misleading statements during the course of a complaint, investigation, hearing or proceeding or is found to have reasonably known or did know of an occurrence of criminal activity and did not report it shall be subject to action, including termination of the contractual relationship and/or legal action.

Nothing in this policy shall detract from any applicable Collective Agreement provisions (s) where a unionized employee is the subject of an investigation and/or disciplinary action.

6.0 ANONYMITY AND CONFIDENTIALITY

Employees and contractors may choose not to reveal their identity when reporting suspected criminal activity. Management will make all reasonable efforts to protect employee and contractor anonymity; however it should be understood that this cannot always be guaranteed. Information collected by the TTC is subject to the requirements of the Municipal Freedom of Information and Protection of Privacy Act.

All employees and contractors receiving reports of suspected criminal activity and those participating in an investigation shall keep the details and results of the investigation confidential. Disclosure is only permitted to those who have a legitimate need to know and such disclosures shall be restricted to what must be disclosed to ensure a thorough, effective and complete investigation/response, or as otherwise required by law.