Service Provider Code of Conduct

This Service Provider Code of Conduct (Code) has been prepared by Great Canadian Gaming Corporation (operating as Great Canadian Entertainment), its subsidiaries and affiliates, including, without limitation Ontario Gaming GTA Limited Partnership (collectively, Company), to provide an overview of the policies, standards and guidelines that apply to a service provider, supplier, consultant, contractor, licensee, or invitee of Company, together with their subcontractors, agents, representatives, personnel, employees, licensees or invitees, rendering services, supplying products, equipment or the like, or otherwise engaging with Company (each Personnel and Service Provider).

Service Provider must ensure that the requirements of this Code are consistently implemented, adequately monitored, and clearly communicated to its Personnel. Service Provider will ensure that all reasonably applicable Personnel are informed of and comply with all applicable terms and conditions of this Code. Notwithstanding the above, Service Provider will remain responsible for every breach of this Code committed by its Personnel, as if each such breach were committed by Service Provider itself.

This Code sets forth the principles, standards, and guidelines that Company expects Service Provider and its Personnel to uphold. Failure to uphold this Code may result in cessation of further engagements with Service Provider, as well as pursuit of legal remedies available to Company. Where any agreement, contract, or applicable law conflict with this Code, the higher standard shall prevail, unless the agreement or contract specifically states otherwise.

The Company has the right to amend, terminate or replace this Code in its sole discretion. If you have any questions or concerns in relation to the Code, please contact the relevant Company representative.

Message from the Chief Executive Officer

Great Canadian Entertainment’s success is built on a foundation of ethics, integrity, and commitment to excellence in everything we do, including our conduct with our guests, colleagues, stakeholders, regulators, suppliers, and communities. This is an organizational priority and a shared responsibility for all Service Providers. Each one of your actions and decisions affects our organization and reputation.

As a Service Provider, you must guide your conduct, as well as the conduct of your Personnel by principles of transparent, honest and ethical behavior so that together we will build trusted relationships with our organizations and the communities in which we live, work, and serve.

Thank you for your commitment.

Matt Anfinson

Chief Executive Officer

 

1) Introduction

Service Provider and its Personnel are expected to comply with the applicable international, federal, provincial, state, local, civil, criminal, regulatory laws, regulations, and codes, including without limitation, the Canadian Human Rights Act (collectively applicable laws); be transparent in dealings with federal, provincial or state government, quasi-government, regulatory agency, lottery corporation, or other regulatory authorities, including, without limitation, British Columbia Lottery Corporation, the Ontario Lottery and Gaming Corporation, Gaming Control Branch (New Brunswick), Alcohol, Gaming, Fuel & Tobacco Division (Nova Scotia) (collectively government authorities) actively promote an ethical and safe work environment; and maintain the highest standard of integrity and ethics in business conduct, when engaging with Company and any other parties they have contact with while engaging with Company.

The policies, standards and guidelines set out in this Code are based on generally accepted standards of ethical business conduct and applicable laws. However, the absence of guidance does not relieve Service Provider from the responsibility for acting with in compliance with appliable laws and the requirements of government authorities, transparently, ethically, safely and with integrity.

Failure to abide by the contents of this Code may, amongst other things, cause Company legal, regulatory and reputational risk. As a result, Company reserves all rights against Service Provider, which may include, all causes of action under any contract or other agreement, as well as available civil, regulatory and criminal remedies.

 

2) Background Check Authorization

As a condition of Company engaging Service Provider, prior to and at any time during the engagement of Service Provider, Service Provider authorizes Company to conduct a comprehensive due diligence background check of Service Provider and its Personnel, including generation of a risk analysis report. Service Provider represents and warrants that its Personnel has granted Service Provider the authority to act on its behalf in relation to this authorization.

Service Provider shall fully cooperate and shall cause its Personnel to fully cooperate with Company regarding this background check and provide such information as requested by Company from time to time for purposes of such background check. Service Provider understands that the scope of the risk analysis report may include, without limitation, corporate name, corporate registration, sanctions and watchlists, regulatory violations, criminal litigation, civil litigation, bankruptcy and insolvency, adverse media and other risks and regulatory licensing information. Background checks may extend to Personnel and other individuals associated with Service Provider.

Service Provider authorizes any individual, company, firm, corporation or public agency to divulge any and all information, verbal or written, regarding Service Provider and its Personnel, to Company or its designated agents. Service Provider further authorizes the complete release of any records or data regarding Service Provider and its Personnel that the individual, company, firm, corporation or public agency may have, to include information or data received from other sources.

Service Provider understands and accepts that this authorization may raise incidental issues in respect of the collection, use and disclosure of personal information. Service Provider consents to the collection, use and disclosure of personal information in relation to Service Provider and its Personnel, in accordance with the Privacy Statement of Company: https://greatcanadian.com/privacy-statement/.

 

3) Code of Conduct

At all times, Service Provider and its Personnel are required to comply with the foregoing, in addition to any other additional codes of conduct that may be specifically required of Service Provider and its Personnel:

1. comply with all applicable laws;
2. obtain, maintain in good standing status, and comply with all licenses, permits, registrations and certificates or all government authorities;
3. comply with this Code, all applicable policies, procedures, rules, requirements and directives of Company and of each applicable Company location and not attempt to structure any transactions to bypass any such code, policy, procedure, rule, requirement or directive;
4. act with transparency, integrity, high ethical values and honesty, including, without limitation, in communications and conduct with Company, other Service Providers, government authorities;
5. act at all times in the best interests of Company and exercise robust diligence, care, prudence and use sound logic in service-related obligations;
6. not conduct itself in a manner that does (or would reasonably be known to) jeopardize the licenses, permits, registrations or status of Company or with any government authority;
7. maintain a working environment free from prohibited conduct, treat all Personnel with dignity and respect, and ensure an environment free from any form of harassment or abuse, which includes, without limitation, discrimination, physical, verbal, mental, sexual, and psychological harassment, coercion, and abuse, and protect all Personnel from retaliation, including as related to reporting incidents of harassment and abuse;
8. save for employees of Service Provider, only use other Personnel pursuant to the terms of Service Provider’s agreement with Company; provided, however, unless otherwise expressly set out in Service Provider’s agreement with Company, Service Provider will remain fully and solely responsible and liable for proper performance of all Service Provider obligations with Company;
9. uphold fair business standards in advertising, sales, and competition, including, without limitation, compliance antitrust and competition appliable laws;
10. adhere to stringent standards of environmentally responsible practices, through appropriate efforts to minimize its ecological footprint by actively implementing measures to reduce carbon emissions, conserve natural resources, and mitigate environmental impact throughout its operations, including, without limitation, sourcing materials sustainably, minimizing waste generation, and adopting eco-friendly production processes;
11. cause its Personnel to not engage in any gaming activity at any facility operated by Company while performing any obligations at such facility;
12. ensure that all Personnel involved in the engagement with Company are not banned or trespassed by Company or by any government authority;
13. not collude or engage in any unauthorized or illegal activities;
14. neither engage in nor tolerate association with any form of corruption, bribery, extortion, or embezzlement. Service Provider and its Personnel must not participate in bribes or kickbacks of any kind, whether dealing with public officials or individuals in the private Service Provider, and its Personnel must follow all anti-corruption and anti-money laundering laws, as well as laws governing lobbying, gifts, and payments to public officials, political campaign contribution laws, and other related regulations, including the Corruption of Foreign Public Officials Act and local laws; and
15. not discriminate against workers and other stakeholders, including customers and business partners, on the basis of race, color, national origin, ancestry, sex, gender identity or expression, transgender status, age, sexual orientation, religion, veteran status, disability, perceived disability, union affiliation, genetic information, marital status, pregnancy, lawful migrant status, or other similar factors in hiring, terms and conditions of work, or other employment practices. Service Provider must recognize the right of all workers to equal opportunities in all aspects of employment, including benefits, remuneration, training, evaluation of the quality of their work, and access to professional development and advancement.

4) Confidentiality and Privacy

Service Provider is obligated to prevent the improper use or disclosure of confidential information, which shall mean any information, pricing, data, customer information, financial information, gaming information, training techniques, operating procedures and information as to business opportunities, strategies and research and development, trade secrets or know-how furnished in connection with the scope of an engagement, whether in written, oral, electronic, website-based, or other form, by Company to Service Provider, that: (a) is marked, accompanied or supported by documents clearly and conspicuously designating such documents as confidential, internal use or the equivalent; (b) is identified by the discloser as confidential before, during or promptly after the presentation or communication; or (c) should reasonably be known by Service Provider to be confidential.

Confidential Information does not include information that is: (a) rightfully in Service Providers possession without prior obligation of confidentiality from Company; (b) a matter of public knowledge (or becomes a matter of public knowledge other than through breach of confidentiality by Service Provider); (c) rightfully furnished to Service Provider by a third party without confidentiality restriction; or (d) independently developed by Service Provider without reference to Company’s confidential information.

Service Provider shall (a) collect and use confidential information on behalf of Company only for the purposes of exercising rights or performing obligations in connection with the engagement with Company, and in all cases strictly within the scope of work; and (b) protect from disclosure to any third parties any confidential information disclosed to Service Provider by Company. Service Provider must not use any confidential information of Company for its benefit or any other purpose.

Service Provider may disclose confidential information of Company (a) to its relevant Personnel who have a need-to-know to fulfill Service Providers obligations in connection with the engagement with Company and comply with the foregoing; and (b) if required by law or government authorities provided Service Provider has given Company prompt notice (unless notice is prohibited by applicable law).

Any disclosure of confidential information of Company by Service Provider, whether anticipated or not, must be accompanied with a written condition signed by a Senior Officer from each of Company and Service Provider, advising that the receiver of the confidential information must not pass the information on to anyone else. The receiving party must be required to sign a confidential agreement similar to the confidentiality agreement Service Provider agreed to in the context of its engagement with Company.

Notwithstanding anything to the contrary herein, to the extent Service Providers engagement with Company could benefit from further engagement of a third party, such that personal information of any individual would be disclosed to, used by, processed by, or further disclosed by such third party, the same privacy controls and safeguards imposed on Service Provider by law and pursuant to the contract with Company, inclusive of all applicable cyber incident reporting obligations and rights to audit security and technology systems, must exist in writing within the contract between Service Provider and such third party, and Company must previously be given an option to refuse Service Provider  s proposed engagement of such third party.

Service Provider shall immediately notify Company of any reasonably suspected or actual loss of data or breach or compromise of its security program which has or may result in the loss or unauthorized access, disclosure, use, alteration, destruction or acquisition of any confidential information.

Service Provider may not use Company’s logo and legal name in internal and external marketing materials, including but not limited to; on Service Provider’s website, in sales presentations and whitepapers.

To the extent the provisions of this Article 4 conflict with the provisions of any confidentiality or non-disclosure agreement between the parties, the provisions of such agreement shall govern.

 

5) Conflict of Interest

Service Provider must disclose to Company representative, any financial or personal interest, direct or indirect, that may conflict with the interests of Company or may have a bearing on any Company transaction or business, whether this interest arises from personal affairs or engagement with Company, and refrain from participating in such transactions unless Company has provided its written consent.

As a condition of Company engaging Service Provider, Service Provider must accept the following Conflict of Interest declaration.

Service Provider declares that it has reported any actual, perceived and/or potential conflict of interest and further declares that:

1. Neither Service Provider nor any Personnel has any interest in any private or personal business that may conflict with the duties and responsibilities owed to Company by virtue of being a service provider to Company;
2. Neither Service Provider nor any Personnel has participated in, and do not currently contemplate participating in, any transaction, either as an individual or as a member of another organization, that is the kind of transaction in which Company normally engages unless otherwise disclosed below;
3. Neither Service Provider nor any Personnel is engaged by, any other organization, where in the opinion of Company, a conflict of interest may arise;
4. Neither Service Provider nor any Personnel has any material direct or indirect ownership, interest or profit participation in outside business enterprises that have, or are contemplating having, dealings with Company unless otherwise disclosed below;
5. Neither Service Provider nor any Personnel has offered or accepted and will offer or accept, any gift or hospitality of material value by virtue of a position as a service provider of Company that would unduly influence or impair Service Provider’s objectivity and judgment in undertaking its obligations and engagement for Company; and
6. Service Provider will promptly, upon becoming aware of any actual or perceived conflict of interest, immediately notify the Chief Compliance Officer of Company of the actual or perceived conflict of interest and will exclude itself from involvement, consideration or the approval process associated with such a transaction.

The health and safety of Service Provider and its Personnel is important to Company. For Company to ensure a safe environment, it relies on Service Provider and its Personnel to follow the health and safety standards or program implemented and provided by Company from time to time, and with the following standards:

a) Comply with guidance provided by public health in relation to mitigating communicable diseases.

b) Comply with the Service Provider Safety Management Program, attached hereto as Schedule A.

Company is committed to the legal and ethical sourcing of its products, equipment and services. Service Provider must promote responsible sourcing practices throughout its supply chain, which includes, without limitation, ensuring that its own Personnel adhere to similar ethical, environmental, and labor standards. To the extent that Company imposes requirements regarding sourcing, Service Provider will promptly and completely comply with same.

Company will not knowingly, in whole or in part make purchases made with illegally harvested, produced, or traded products and services, and Service Provider must actively seek to identify and mitigate and eliminate any risks related to illegally or environmentally degrading practices within its supply chain.

Company has a zero tolerance policy to knowingly engaging in forced, child or involuntary labor or human trafficking in any part of its business or in its supply chains. Service Provider represents and warrants to Company that:

1. neither it nor any Personnel has been convicted of any forced, child or involuntary labor or human trafficking offence, nor been the subject of any investigation into any alleged forced, child, or involuntary labor or human trafficking offence;
2. it will comply with the applicable provisions of the Fighting Against Forced Labor and Child Labor in Supply Chains Act (also known as the “Modern Slavery Act”) as well as the applicable provisions of international conventions, including, without limitation, the International Labour Organization Forced Labor Convention (No. 29) and the Abolition of Forced Labor Convention (No. 105) , and ensure that no forced, child or involuntary labor, including bonded, indentured, involuntary prison labor or slave labor is used, as defined therein, noting that Service Provider may not charge recruitment fees as part of the application process or use fraudulent recruitment practices;
3. it will disclose to Company representative if it or any Personnel has been convicted of any forced labor, child labor, modern slavery or human trafficking offence, or been the subject of any investigation into any alleged forced labor, child labor, modern slavery or human trafficking offence; and
4. it will maintain an internal policy addressing forced labor, child labor, modern slavery and human trafficking and provide a copy of such policy to Company promptly upon request.

In addition, Company encourages all Service Provider s supplying goods and services to Company, to share Company’s commitment, where possible, to utilize local, woman, minority, veteran, disability, and/or LGBTQ-owned businesses for subcontracting opportunities in connection with Company contracts.

 

8) Monitoring and Compliance

Service Provider shall promptly give written notice to Company of any incident that affects or has the potential of affecting, Service Provider’s ability to comply with the provisions of this code (each and “Incident“).

At all times during the pendency of the engagement with Company, Service Provider shall and shall cause its Personnel to allow Company, any applicable government authority and their representatives, access to facilities and documentation, whether announced or unannounced, for evaluation of any Incident, compliance with this Code and/or its agreement with Company and/or in relation to any other investigation.

Service Provider shall cooperate with Company and any government authority as requested from time to time and shall promptly provide such information as may be requested from time to time.

During such audit, Service Provider and its Personnel must be honest, direct, transparent, and truthful in all discussions with Company and, to the extent applicable, any government authority representatives. Service Provider and its Personnel are expected to take necessary corrective actions to promptly remediate any non-compliance with this Code. Service Provider and its Personnel will maintain all documentation that may be needed to demonstrate compliance with this Code.

 

9) Disclosures

For any disclosures or questions regarding this Code, please contact:

1. the General Counsel at gcelegal@greatcanadian.com; or
2. the Chief Compliance Officer at coontario@gcgaming.com

Schedule A

Service Provider Safety Management Program

Service Provider shall ensure that it and all Personnel comply with the Service Provider Safety Management Program (“Program“) as set out below.

DEFINITIONS

1. “Applicable Laws” means, as the context may require, the applicable occupational health and safety legislation in relation to a relevant province.

2. “Company” means Great Canadian Gaming Corporation (operating as Great Canadian Entertainment), its subsidiaries and affiliates, including, without limitation Ontario Gaming GTA Limited.
3. “Company Representative” means any Team Member not part of the Facilities Team who is responsible for contracting work to a Service Provider and overseeing a service/maintenance contract on behalf of the Company.
4. “Competent Person” means a person who:

• is qualified because of knowledge, training, and experience to do the assigned work in a manner that ensures the health and safety of every person at work, or qualified because of knowledge, training, and experience to organize work and its performance;
• is familiar with the Applicable Laws that applies to the work that is being performed and has knowledge of any potential or actual danger to health or safety in the workplace.

5. “Critical Injury” in the context of the Program, has the meaning given to the corresponding definition in the Applicable Laws.
6. “Facilities Team” means the relevant Team Members with site specific responsibility for supporting the functionality, comfort, safety, sustainability and efficiency of Company buildings and properties. Members of the Facilities Team may be responsible for contracting service/maintenance work to a Service Provider and overseeing the contract on behalf of the Company.
7. “Health and Safety Team” means the relevant Team Members with a site specify subject matter expertise in occupational health and safety. The Health and Safety Team is responsible for developing, health and safety while at work and minimize health and safety risk to the Company.

8. “Incident” means an occurrence, condition, or situation arising in the course of work that resulted in or could have resulted in injuries, illnesses, damage to health, or fatalities.
9. “JHSC” means joint health and safety committee.

10. “Personnel” means an individual or group of individuals employed by a Service Provider who performs work or services for monetary or other compensation.

11. “PPE” means personal protective equipment.
12. “Service Provider” means a service provider, supplier, consultant, contractor, licensee, or invitee of Company, together with their subcontractors, agents, representatives, personnel, employees, licensees or invitees, rendering services, supplying products, equipment or the like, or otherwise engaging with Company, but who is not continuously employed as an “employee” of the Company.

13. “Team Members” means casual, part-time, full-time, contract and seasonal individuals employed by the Company to perform work or supply services for compensation.
14.  “WHMIS” means workplace hazardous materials information system.

15. “Workers Compensation Board”  means an organization that provides workers compensation coverage and support to help injured Personnel get back to work after a work-related injury or illness, and includes the following:
    • Ontario: Workplace Safety and Insurance Board (WSIB);
    • British Columbia: WorkSafeBC;
    • Nova Scotia: Worker’s Compensation Board Nova Scotia (WCB NS); and
    • New Brunswick: WorkSafeNB.
16. “Workplace” means any place in, on, or near where a Personnel.
17. “Workplace Safety Enforcement Agency” means an agency that is dedicated to promoting safety and health in the workplace and enforcing Applicable Laws. Workplace Safety Enforcement Agencies that apply to the Company include:
    • Ontario: Ministry of Labour, Immigration, Training and Skills Development (MLITSD);
    • British Columbia: WorkSafeBC;
    • Nova Scotia: Occupational Health and Safety Division at the Nova Scotia Department of Labour, Skills and Immigration; and
    • New Brunswick: WorkSafeNB.

SERVICE PROVIDER RESPONSIBILITIES

18. The Service Provider shall provide all requested health and safety pre-qualification documentation to the Company as part of the procurement process. This includes completing and submitting signed copies of the Service Provider Pre-Approval Health and Safety Checklist (in such form as provided by Company) and the Service Provider Code of Conduct Review and Acknowledgement Form (in such form as provided by Company), along with the required supporting documentation to the Company.
19. Prior to starting work at a site or commencing a project, the Service Provider shall provide all documentation, and requested verifications to the Company including but not limited to: (i) a copy of a valid workers’ compensation clearance certificate; (ii) a copy of a valid liability insurance certificate; (iii) Personnel training and certification records relevant to the work being performed and/or as requested by the Company; (iv) the Service Provider’s emergency contact numbers; and (v) applicable permits.

20. While conducting work on site, the Service Provider shall ensure that any contracted work performed under its authority or control conforms to the requirements of the Program and in compliance with Applicable Laws.

21. The Service Provider shall obtain approval from the Company on any work being performed by sub-contractors. Where sub-contractors are used to perform work on behalf of the Service Provider, the Service Provider shall ensure that the sub-contractor conforms to the requirements of this Program and in compliance with Applicable Laws.

22. The Service Provider shall provide the Facilities Team/Company Representative with Safety Data Sheets for any WHMIS controlled products brought on a site.

23. Where applicable, the Service Provider shall maintain a list of the names of all Personnel at the work site.

24. The Service Provider shall immediately notify the Facilities Team or Company Representative of any Incidents that either take place on site, or directly or indirectly impact the Company.

25. The Service Provider shall ensure all Incidents are investigated and reported to the applicable Worker’s Compensation Board and the applicable Workplace Safety Enforcement Agency.
26. When an accident occurs the Service Provider must work in conjunction with the Facilities Team or Company Representative to ensure appropriate corrective action is taken.
27. The Service Provider shall supply all PPE, tools and equipment for its Personnel to safely perform their job.
28. The Service Provider shall assign Competent person(s) as supervisors who will ensure the Service Provider and its Personnel abide by this Program, and work in compliance with Applicable Laws.

29. The Service Provider shall ensure that regular inspections are conducted by a supervisor or competent delegate.
30. The Service Provider shall assess all identified potential workplace hazards. Assessments and findings must be discussed and shared with the Facilities Team or Company Representative. Where health and safety hazards are identified, required controls must be implemented before the work continues.
31. The Service Provider shall ensure all supervisors and Personnel who perform work for the Company:
    • Complete the Company’s safety orientation:
    • Abide by this Program requirements and Applicable Laws;
    • Are made aware of any known hazards;
    • Promptly report any unsafe acts, conditions, Incidents or concerns they become aware of to their supervisor;
    • Are trained and qualified to perform the work for which the Service Provider is contracted;
    • Are instructed in the safety procedures to follow and abide by these procedures to avoid health and safety hazards;
    • Work safely and take all necessary precautions to protect themselves, Team Members, guests, visitors, and property.
    • Not operate any equipment for which they have not received proper training or certifications

32. The Service Provider shall report, as soon as practicable, to the Facilities Team or Company Representative, any non-compliance with the Program.
33. The Service Provider shall order its Personnel to stop unsafe work and remove such Personnel from a relevant site as required.
34. The Service Provider shall notify the Facilities Team or Company Representative immediately of any work refusals and implement appropriate corrective action, as required.
35. The Service Provider shall document all work refusals as prescribed by the Applicable Laws.
36. The Service Provider shall notify the Company Representative immediately of any Workplace Safety Enforcement Agency visits, meetings, inspections, or investigations, involving contracted work etc.

37. The Service Provider shall take every precaution reasonable in the circumstances for the protection of all Personnel, Team Members, guests, and visitors.

PROGRAM REQUIREMENTS

38. Fit for Duty. The Company requires all Service Providers and their Personnel to be fit for duty when reporting to work and remain fit for duty for the duration of the time they are performing work on Service Providers and their Personnel must not, while performing work on site, use, be in possession of, purchase, sell or be under the influence of controlled substances that impact fitness for duty. Service Providers and their Personnel who do not comply this requirement will be removed from sites and the Service Provider may be removed as an approved Service Provider from the Company’s database.
39. Internal Permits. Internal permits and systems shutoff forms must be obtained from and coordinated with the Facilities Team or Company Representative for high-risk work (e.g.: hot work, confined space entry, shutoff of fire, HVAC and water systems).
40. External Permits. The Service Provider is responsible for submitting the required external permit(s), prescribed by the Applicable Laws before beginning work on site. A Service Provider must provide a copy of applicable permits to the Facilities Team/Company Representative for record keeping.
41. Subcontractors. Service Providers hiring sub-contractors (with the Company’s prior approval) to work at a site are fully responsible for ensuring the health and safety of sub-contractors and Company Team Members, guests and visitors as a result of the work they perform for the Company. It is the responsibility of Service Providers to ensure they hire competent sub-contractors that will follow all Applicable Laws as well as this Program. Service Providers are responsible for ensuring Sub-contractors have valid Worker’s Compensation Board coverage, adequate liability insurance coverage and trained and qualified Personnel.
42. Incident Reporting to the Company. If an Incident occurs, the following steps must be completed:
    • The Service Provider must immediately report the Incident to the Company.
    • The Service Provider must provide an Incident investigation report to the Company Representative within seventy-two (72) hours of the Incident.
    • If required, the Company Representative shall request additional information from the Service Provider regarding the Incident.
    • The Company Representative and the Service Provider must maintain all Incident reports and investigations on file.
    • The Service provider must fully cooperate with the Company during incident.

43. Provision of Health Care. If an Incident occurs, the Service Provider is responsible for ensuring its Personnel receives required first aid and health care.
44. Reporting Workplace Critical Injuries or Fatalities

• Service Providers are responsible for contacting 911 immediately following a Critical Injury or fatality and reporting all Critical Injuries or fatalities involving their Personnel to the applicable Workplace Safety Enforcement Agency.
• In the event of a Critical Injury or fatality, the Company Representative and/or Service Provider must ensure the accident scene is not disturbed except in limited This means they must ensure that no one interferes with, disturbs, destroys, alters, or carries away anything at the scene or connected to the workplace death or Critical Injury, unless:
  • it is necessary to: save life or relieve human suffering (including providing first aid) or prevent unnecessary damage to equipment or other property;
  • a Workplace Safety Enforcement Agency inspector gives permission to do so.
• Control of an accident scene must be turned over to police and/or the applicable Workplace Safety Enforcement Agency upon their arrival.

45. Reporting Injures to the Applicable Workers Compensation Board. Service Providers are responsible for reporting all work related injuries involving their Personnel to the applicable Workers Compensation.
46. Access to Work Areas. Where required, both the Company and Service Provider must ensure that appropriate barriers are erected and maintained to prevent Team Members, guests and non-authorized persons from accessing work areas.
47. Personal Protective Equipment. Service Providers are responsible for providing PPE for their Personnel. All Personnel are responsible for the proper use of PPE as required by Applicable Service Provider supervisors are responsible for ensuring that users of PPE have adequate knowledge of proper use, care, inspection, maintenance, and limitations of the equipment.
48. Usage of Company Equipment and Tools

• Service Providers are expected to use their own equipment, tools, and materials to conduct work on a site. All equipment, tools and materials must be in safe working condition and comply with all Applicable Laws, all applicable health and safety standards, as well as manufacturer.
• Service Providers must provide appropriate documentation to the Company Representative (as requested) that all service provider supplied equipment is in good working order and meets prescribed inspection schedules.
• Unless specific permission is provided, Service Providers shall not use Company equipment or tools. If permission is obtained to use Company equipment (e.g.: aerial lift), the Service Provider must ensure its Personnel are trained and qualified to use such equipment.

• In circumstances where Service Providers will be using Company equipment (e.g.: aerial lift). Service Provider and Company Representative must ensure a pre-use inspection is conducted as per Applicable Laws.

• If any equipment or tools are identified as defective, such equipment or tools must be tagged by Service Provider and not be used until it has been repaired or replaced.

49. Safety. If required by Applicable Laws, Service Provider is responsible for establishing a JHSC on site as prescribed by Applicable Laws. Copies of all JHSC meeting minutes must be submitted to the Company.
50. Safety Inspections. Service Providers are required to complete safety inspections during the duration of a project to identify potential hazards that could pose a health and safety risk to Team Members, guests, visitors, and to other contractors and their Personnel. It is a requirement for a Service Provider to maintain records of these inspections on site (hard or soft copy). The types of inspections may include:
    • Pre-Use Inspections
      • Service Provider is responsible for completing a pre-use inspection on any machinery, equipment, or PPE that requires a pre-use inspection as per Applicable Law requirements and/or manufacturer specifications.
      • Pre-use inspections must be completed by competent Personnel who will be using the machinery, equipment, or PPE for the Only Personnel who have a training certificate in using the machinery, equipment must complete the pre-use inspection. Pre-use inspections must be made available upon request to Company or any applicable Workplace Safety Enforcement Agency.
    • Service Provider Supervisor Safety Inspections. If the duration of the maintenance/service project exceeds two (2) weeks of work, the Service Provider must ensure that regular bi-weekly inspections are Service Provider supervisor safety inspections must be made available upon request to Company or any applicable Workplace Safety Enforcement Agency. A Service Provider shall take all reasonable precautions to identify and resolve all hazards on an on-going basis.
    • Monthly Safety Inspections. If required by Applicable Laws, Service Providers must ensure that monthly workplace safety inspections are Copies of all monthly workplace inspections must be submitted to the Facilities Team or Company Representative upon completion.
51. Corrective Actions. Any corrective actions that are identified during an inspection completed by a Service Provider and under the Service Provider’s control, must be addressed and completed in a timely manner by the Service If there are any corrective actions that are beyond the control of the Service Provider, they must be reported to the Facilities Team or Company Representative. Facilities Team or Company Representative, in consultation with the Health and Safety Team, must take all reasonable steps to complete corrective actions in a timely manner.
52. Company Inspections. Service Providers shall ensure that it and its Personnel work in compliance with Applicable Laws and Company standards. The Facilities Team or Company Representative may inspect the work area on a bi-weekly basis to identify any health and safety hazards on site using the inspection checklist (in such form as provided by Company). During the inspection, the Company may ask a Service Provider for the following: inspection records, PPE availability on site and applicable permits. If the Service Provider is unable to provide the requested information during the Company inspection, the Service Provider will be required to provide such information/documentation within seventy-two (72) hours. If, at any time, the Company determines that the work being done is not in compliance with Applicable Laws or Company standards, the Company may, in its discretion, stop work on site; terminate the relevant engagement with the Service Provider; or take such other action it may deem necessary or appropriate.

53. Infractions/Non-Compliance. The Service Provider must inform the Facilities Team or Company Representative of any safety infractions that happen on site involving its Personnel. In the event of a safety infraction, the following must be completed:
    • The Facilities Team or Company Representative must report the infraction or non-compliance to the Health and Safety Team immediately.
    • Depending, on the nature and severity of the infraction, the Company has the right to stop any unsafe work occurring on site, including the right to terminate the engagement with the Service.
    • Depending on the nature and severity of the infraction, the Service Provider in consultation with the Facilities Team or Company Representative and if required, the Health and Safety Team, shall identify and implement corrective measures to prevent the infraction from occurring again.
    • The Facilities Team or Company Representative must document all Service Provider.
54. Refusal of Unsafe Work. In the event of a work refusal involving any Personnel, the following must be completed:
    • The Service Provider must report all work refusals involving their Personnel to the Facilities Team or Company Representative immediately.
    • The Company Representative must notify the Health and Safety Team immediately of all work refusals involving its Personnel.
    • It is a Service Provider’s responsibility to resolve work refusals involving its Personnel following the work refusal process prescribed by Applicable Laws.
    • Where, the cause of the work refusal is under the Company control, the Facilities Team or Company Representative must participate in resolving the work refusal.
55. Training. It is the responsibility of the Service Provider to ensure that all Personnel on site qualifies as a Competent Person. The Company has the right to request proof of competency prior to and during the work period. Any renewed training certificates must be provided to the Company for record The Company shall provide an on-site orientation prior to any Personnel beginning work, and shall ensure that all the relevant health and safety information has been communicated to such Personnel.