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HomeMy WebLinkAboutHR 01-18QCT 66 DICKERING Report to Council Report Number: HR 01-18 Date: December 10, 2018 From: Jennifer Eddy Director, Human Resources Subject: Employee Code of Conduct (HUR 050) - File: A-1440 Recommendation: That Council approve amendments to the Employee Code of Conduct Policy, as set out in Attachment 1, as a result of the legalization of recreational cannabis set out in the Cannabis Act (Bill C-45) that took effect on October 17, 2018. Other changes include general housekeeping changes. Executive Summary: The legalization of the recreational use of cannabis allows for the consumption of it wherever smoking is allowed, excluding motor vehicles. This policy elaborates on the rules and expectations for the use of drugs (illicit or otherwise),alcohol, and both medical and recreational cannabis in the workplace. Except as provided for by this policy and as required by the Human Rights Code, employees must not consume drugs, cannabis, or alcohol during working hours while on duty, on call, or on the Ciy's premises, or in a manner which would be reasonably likely to affect the ability of the employee to perform their duties safely and effectively. Financial Implications: No change. Discussion: The Employee Code of Conduct was approved by Council on October 19, 1998. Changes have now been made in consideration of the legalization of recreational and medical cannabis. Despite this legalization, employees must keep in mind that the consumption or appearance of consumption of cannabis while at work, during working hours, and/or on the City's premises may detrimentally affect the City's public image. All employees are expected to report to work fit for duty and to remain fit for duty. Employees must conduct themselves in a safe and lawful manner while on duty and/or on the City's premises. Employees must comply with all applicable laws and regulations as well as this policy at all times. In cases where there is a medically substantiated purpose, the City is committed to providing accommodation where required and in accordance with the Human Rights Code, R.S.O. 1990, c. H.19 up to the point of undue hardship. HR 01-18 December 10, 2018 Subject: Employee Code of Conduct (HUR 050) Page 2 Other housekeeping changes included the following: 1 "Gifts and Benefits" was changed to "Gifts and Favours" and was added to the definitions to include services, discounts, and other considerations the employee might encounter while conducting City business. Feedback suggested it is time to increase the dollar value amount an employee could receive as a gift or favour, given that the policy was put in place in 1998. Gifts of cash should never be accepted under any circumstances. 2. Employee and supervisory responsibilities were added. 3. Incompatible employment is an example of a conflict of interest; therefore, the language pertaining to it is now subsumed under the heading Conflict of Interest. 4. Hiring of Relatives section was updated to add that no employee shall solicit Members of Council directly or indirectly to obtain preferential consideration in connection with any appointment to the municipal service. 5. Under Personal Business, the language was broadened from making personal calls to conducting personal business to account for multiple means of electronic communications. 6. Deleted the Mileage Allowance section as it is already referenced in the Vehicle Use Policy (ADM 020) where it is more appropriately located. Disclosure of a Toss of driving qualification is also outlined in the CUPE Collective Agreement. Attachments: 1. Employee Code of Conduct 2. Ontario Human Rights Commission policy statement on cannabis at the Human Rights Code Prepared By: Soula Christou Coordinator, Human Resources JE:sc Approved/Endorsed By: r Eddy 'rector, Human Resources Recommended for the consideration of Pickering City Council Tony Preveae , P. ng. Chief Administrative Officer 64 DICKERING Policy Policy Title: Employee Code of Conduct Policy Number HUR 050 Reference Date Originated (m/d/y) October 19, 1998 Date Revised (m/d/y) November 21, 2018 Pages 10 Approval: Chief Administrative Officer Point of Contact Director, Human Resources Policy Objective The. Corporation of the City of Pickering (the "City") requires its employees to conduct themselves in a professional and ethical manner while carrying out their civic duties. This Code of Conduct is a visible and formal statement of the intended values and behavioural standards the City expects its employees, and its agents or contractors to follow when conducting City business. If conduct occurs which violates this Code, the employee or work group concerned will be subject to review and possible disciplinary action, up to and including termination. In the case of an agent or contractor, termination of the service contract or service agreement may occur. The objective of this policy is. to: • establish a set of behavioural guidelines for employees to follow in various situations which may involve ethical decisions • protect City property and image • promote a high standard of professionalism amongst employees • encourage the proper conduct of employees Index 01 Definitions 02 Responsibilities 03 Conflicts of Interest 04 Gifts and Favours 05 Confidential Information 06 Public Relations and Press Releases 07 Hiring of Relatives and Soliciting Appointments 08 Political Activities 09 City Property 10 Personal Business 11 Illegal Drug, Cannabis and Alcohol Use 12 Dress Code 13 Enforcement 14 Severability 01 Definitions 01.01 Gifts and Favours — services, promotional material and premiums, discounts, entertainment or other benefits 01.02 Immediate Family — a husband, wife, including common law spouse, children including foster or step children, of an employee 01.03 Immediate Relatives — the parents, brothers, sisters, including foster or step, parents-in-law, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, grandparents, grandchildren or any other relative living with an employee 01.04 Personal Interests —. an employee's personal interests shall include the personal interests of the employee, his or her spouse (including common law spouse) and his or her minor children 01.05 Supervisor — immediate non -union -supervisor 02 Responsibilities 02.01 Council to: • approve any amendments to this policy 02.02 Chief Administrative Officer (CAO) to: • approve leaves of absences for employees requesting time of when running for political office 02.03 Directors to: • ensure that the policy is adhered to through demonstrated practices of City employees; Policy Title: Employee Code of Conduct Page 2. of 10 Policy Number: HUR 050 recommend changes to the policy as appropriate; • set an example for all employees by appropriate attire and professional behaviour at all times; and • ensure that proper clothing and uniforms are available and are used by City employees 02.04 Supervisor to: • treat all complaints of misconduct seriously and respond in a timely manner; and • prevent and discourage misconduct through action and example by demonstrating professional behaviour at all times 02.05 Employees to: • become familiar and comply with this policy; and • bring concerns to their supervisor if there is reason to believe this policy has been breached in any way. No adverse action shall be taken against any employee who, acting in good faith, brings forward such information. 03 Conflicts of Interest 03.01 A conflict may exist where the employee could directly influence a decision made in the course of performing his or her job duties and also where he or she could indirectly influence the decision through exerting personal influence over the decision -maker. 03.02 Employees shall not place themselves in a position where they are under obligation to any person who might benefit from special consideration or favour on their part or where he or she could gain personal benefit, directly or indirectly, from any agreement or contract with the City about which they could influence decisions or affect the outcome. 03.03 Employees shall not gain personal benefit, or permit others to benefit from the access to information acquired in their official capacity which is not generally available to the public through ordinary and proper channels. 03.04 Employees should avoid situations where an employee's personal interests conflict with his or her duties and responsibilities as an employee of the City. The onus shall be on an employee to inform his or her supervisor if a situation • comes before the employee in which the employee's personal interest is or may be involved. A conflict of interest can exist whether or not a pecuniary advantage has been or may have been conferred on the employee. Employees shall not sell goods, materials or services to the City. An exception may be made with the approval of the Director, provided the opportunity is made available on an equal basis to other employees. Policy Title: Employee Code of Conduct Page 3 of 10 Policy Number: HUR 050 03.05 Employees shall not engage in, or accept private employment/volunteer work, or render services for private interests when such employment or volunteer service is incompatible with the proper discharge of his or her official city duties, or would tend to impair his or her independence of judgment or action, in the performance of his or her official duties. 03.06 During the course of their duties, employees shall not refer business to Members of Pickering Council or to the Councillor's immediate family. 04 Gifts and Favours 04.01 In order to preserve the image and integrity of the city, receipt of business gifts is discouraged, however, the City recognizes that moderate hospitality is an accepted courtesy of a business relationship. Recipients should not allow themselves to reach a position whereby they might be or might be deemed by others to be influenced in making a business decision as a consequence of accepting such hospitality. The frequency and scale of hospitality accepted should not be greater than what would be permitted to be claimed as a business expense in the normal course of one's job. 04.02 An employee should not seek or accept any gifts and favours from any person or organization whose business or financial interests may be impacted in any fashion by the employee in the course of the exercise of the employee's City duties. 04.03 Small tokens of appreciation provided on an individual basis having an approximate value of $75.00 or less, will not constitute a violation of this code. All gifts and favours must be disclosed to an employee's Director. Wherever reasonably possible the Director shall ensure that tokens of appreciation are shared amongst the Department. 04.04 Gifts having a value of $75.00 or more shall be disclosed to the CAO. The CAO shall dispose of such gifts, at his discretion, and arrange for the proceeds from such gifts to be donated to a charitable cause supported by the City. 04.05 Gifts of cash are never acceptable. 05 Confidential Information 05.01 Employees shall not permit any person, other than those who are appropriately and legally entitled thereto, to inspect or have access to information, papers or documents which are confidential. Where an employee is unsure of the status of information, before making any release he or she shall discuss it with his or her Director or Division Head. 05.02 Particular care should be exercised in releasing information relating to the following matters: Policy Title: Employee Code of Conduct Page 4 of 10 Policy Number: HUR 050 • items under litigation (including matters before the Ontario Municipal Board and other Tribunals); • personnel matters; • information provided by suppliers for evaluations which might be useful to competitors; • information which infringes on the right to privacy of others; • sources of complaints about a variety of matters in which the identity of the complainant is given in confidence; • items under negotiation; • information supplied in support of license applications, where such information is not part of the public documentation; and • Schedules of prices in contract tenders 05.03 Directors and Division Heads will ensure that employees are aware of confidential information held in theirdepartments which may not be divulged. 05.04 Employees should refer requests for confidential information to the City Clerk in accordance with the Municipal Freedom of Information and Protection of Privacy Act which governs situations where the public request information that is regarded as confidential by the City. 06 Public Relations and Press Releases 06.01. Employees shall treat each contact with the public with diplomacy, tact and objectivity and shall recognize that such contacts affect the City's public image. 06.02 Employees are encouraged to refer to the Office of the CAO any contacts from the media which request opinions or comments on policy, procedures, legal or other matters. Any other media contacts should be referred to the employee's Director. 06.03 Press releases and communications on the City's website on the internet must be pre -approved by the CAO or the Mayor, or the authorized corporate representative, as the case may be. 06.04 This policy is not intended to restrict the ability of employees to express an. opinion on general interest matters, where the employee makes it clear that he or she is commenting as a private citizen and not in his or her capacity as a City employee. . Policy Title: Employee Code of Conduct Page 5 of 10 Policy Number: HUR 050 07 Hiring of Relatives and Soliciting Appointments 07.01 The City considers the hiring of immediate family or immediate relatives of employees to be inappropriate in situations where the related employees would be in a direct reporting relationship. In general, the fact that a potential employee is related to an existing employee or to a Member of Council neither prejudices nor advances that person's hiring prospects. 07.02 No employee shall solicit Members of Council directly or indirectly in order to obtain preferential consideration in connection with any appointment to the municipal service. 08 Political Activities 08.01 Employees shall not engage in any political activity, federal, provincial, or municipal during working hours. Employees shall not utilize City assets, resources, or property (including City uniforms or any part of a City uniform) for this purpose, without the prior written authorization of Council. No campaign related activities shall take place on civic property without the prior expressed authorization of Council. 08.02 Employees, especially those at the senior management level are discouraged from direct or active involvement in City of Pickering municipal election campaigns. 08.03 During municipal elections, employees should ensure that any involvement in a municipal election campaign shall not adversely affect their duties as employees with the City of Pickering. 08.04 Employees may exercise their civic right to run for public office subject to compliance with the applicable legislation. 09 City Property 09.01 Each employee who has care or custody of City property must ensure that it is properly secured and that controls are in place, are used, and are not being circumvented. City property includes cash, cheques, valuable documents, inventories, supplies and equipment. Employees shall report any inadequacies in, or problems in complying with existing safekeeping arrangements immediately to their Director. 09.02 All employees must use City property only to the extent necessary to carry out assigned duties. City property shall not be used by employees for personal use or financial gain unless prior approval is secured from the employee's Director, in writing and unless such use takes place during the employee's breaks or after business hours. 09.03 City property must not be used by employees for the purposes of financially benefitting, either themselves or anyone associated with them. Confidential Policy Title: Employee Code of Conduct Page 6 of 10 Policy Number: HUR 050 information available to City employees by virtue of their employment and City facilities, assets and supplies constitute City property. 09.04 Employees shall not use City property, equipment, supplies or services including computer and other intellectual property for activities not associated with the discharge of official duties without the prior approval of the employee's Director. 09.05 All employees are responsible to ensure that City property in,the employee's control is not taken or converted for personal gain and must report any instances or suspicions of fraud or theft to the Director immediately. 09.06 Employees must assume full responsibility for their personal property brought onto City property. 09.07 No employee shall make financial gain from the use or sale of City developed computer programs, technological innovations or other patentable items, either while in the employment of the City, or thereafter. All such property is and shall remain the exclusive property of the City. 10 Personal Business 10.01 Employees shall refrain from attending to personal business during working hours. If this cannot be avoided, the employee shall be expected to be as brief as possible. 10.02 Employees shall discourage personal acquaintances and visitors who contact them at work on matters not related to City business. 11 Illegal Drugs, Cannabis and Alcohol Use 11:01 .The City of Pickering ("the City") is committed to providing a safe, supportive, and respectful workplace. The use of impairing substances in the workplace may impact an employee's productivity and performance, as well as compromise the safety of the workplace. This policy sets out the guideline for the use of drugs and alcohol, including medical and recreational cannabis, in the workplace. Employees must keep in mind that the consumption or appearance of consumption of drugs or alcohol while at work, during working hours, and/or on the City's premises may detrimentally affect the City's public image. 11.02 All employees are expected to report to work fit for duty and to remain fit for duty. 11.03 Employees must conduct themselves in a safe and lawful manner while on duty and/or on the City's premises. Employees must comply with all applicable laws and regulations as well as this policy at all times. Policy Title: Employee Code of Conduct Page 7 of 10 Policy Number: HUR 050 11.04 Except as provided for by this policy and as required by the Human Rights Code, employees must not consume drugs or alcohol during working hours while on duty, on call, or on the City's premises or in a manner which would be reasonably likely to affect the ability of the employee to perform their duties safely and effectively. 11.05 Recreational use of cannabis or alcohol while on duty or on the City's premises will not be tolerated. 11.06 The City is committed to providing accommodation where required and in accordance with the Human Rights Code.. The City may require medical evidence to support any accommodation request. 11.07 Where required, and subject to medical evidence that the health and safety of the workplace and the employee's duties will not be interfered with, the consumption of over-the-counter medications and medications lawfully prescribed to the employee, including cannabis for a medical purpose, are permitted in the workplace. Ontario's smoking laws prohibit smoking or vaping cannabis in an enclosed workplace even for a medical purpose, accordingly this will not be permitted in the workplace. Employees may however consume cannabis for a medical purpose in the workplace. 11.08 Employees are required to use such medications responsibly. However, no employee may use any drug, whether prescription or non-prescription or cannabis for a medical purpose where the use of such substance may interfere with the health and safety of the workplace or the employee's duties. Employees may not consume or be under the influence of prescription medications that are not prescribed to that particular employee during working hours. 11.09 Employees who have a drug or alcohol addiction, including cannabis addiction should discuss the matter with human resources to determine what if any accommodation may be required. 11.10 Employees are required to disclose their use of any medication, including prescribed narcotics and medical cannabis that may impair their work performance. The City will accommodate the employee up to the point of undue hardship. Employees who fail to report such medications to the City will be found to be in violation of this policy. 11.11 Employees must immediately report to any supervisor, member of management, or human resources representative any employee that may be impaired by drugs or alcohol in violation of this policy. 11.12 Employees in safety -sensitive positions may be removed from the workplace and may be required to undergo drug and/or alcohol testing where an accident/incident almost occurred due to suspected drug or alcohol impairment (near miss); where there is an accident/incident in the workplace due to suspected drug or alcohol impairment; or where the employee returns to work after an accident/incident that resulted from the employee being impaired by Policy Title: Employee Code of Conduct Page 8 of 10 Policy Number: HUR 050 drugs or alcohol. Test results shall be kept confidential and will only be disclosed as necessary to determine if discipline or accommodation is appropriate. 11.13 Employees who violate this policy may be subject to discipline up to and including termination. 11.14 Employees struggling with drug and/or alcohol addiction are encouraged to seek assistance through the City's Employee &Family Assistance Program (EFAP). 12 Dress Code 12.01 Employees are expected to dress, at all times, in a manner that is appropriate to the work being performed. Office staff are expected to dress at all times in a manner that presents an acceptable and professional corporate image in accordance with the City's Business Appropriate Dress Guidelines. Employees who usually perform work in public view shall wear identification. Employees who are issued with uniforms by the City shall wear full uniforms at all times during the course of their work day. 13 Enforcement 13.01 The observance of this Code of Conduct constitutes a condition of employment. Any employee who fails to act in accordance with the provisions of this Code will be subject to appropriate disciplinary action, up to and including termination of employment. 13.02 The City's expectations of its employees in each of these areas is outlined in this Code. If an employee is in doubt about any of the matters set out herein, or if the particular situation is not covered here, the employee must ask his or her Director or Division Head for assistance in interpretation of the policy. 13.03 A Director/Division Head or other Supervisory staff having direct knowledge of a breach of this Code shall bring the information immediately to the attention of the employee. 13.04 Any employee who has reason to believe that any individual including those in a management or supervisory capacity is committing a breach of the Code shall approach the Director in confidence. Any employee who has reason to believe that the Director is committing a breach of this Code shall approach the CAO in confidence. Any employee who has reason to believe that the CAO is committing a breach of this Code shall approach the Mayor in confidence. 14 Severability 14.01 The provisions of this Code of Conduct are severable and if any provision, section or word is held invalid or illegal, such invalidity or illegality shall not affect or impair any of the remaining provisions, sections or words. Policy Title: Employee Code of Conduct Page 9 of 10 Policy Number: HUR 050 Please refer to all associated Procedures and Standard Operating Procedures, if applicable, for detailed processes regarding this Policy. Policy Title: Employee Code of Conduct Page 10 of 10 Policy Number: HUR 050 11/21/2018 Policy statement on cannabis and the Human Rights Code ( Ontario Human Rights Commission Ontario Human Rights Commission Commission ontarienne des Ontario droits de la personne English 1 Francais search YOUR RIGHTS TS Con GROUNDS SOCIAL AREAS EDUCATION St OUTREACH EAC OUR VORK Home » Policy statement on cannabis and the Human Rights Code Related e -Learning ▪ Human Rights 101 Part B- The Ontario Human Rights Code • Human Rights 101 • Example 1- Code right v. Code right: Competing rights at the office Related Resources ▪ Questions and answers on cannabis and the Human Rights Code • Drug and alcohol testing — Frequently asked questions • 4. Establishing discrimination and Code defences • Drug and alcohol testing (brochure 2016) Related News • OHRC releases new policy guidance on human rights and cannabis • Commission initiates complaint against Goldcorp's Drug Testing Policy • Accommodation and medical documentation: New OHRC policy statement offers guidance • New OHRC policy statement explains the duty to accommodate under Ontario's Human Rights Code Policy statement on cannabis and the Human Rights Code + show tags Approved by the OHRC: July 2018 View PDF: Policy statement on cannabis and the Human Rights Code Contents • Overview 11/21/2018 Policy statement on cannabis and the Human Rights Code ( Ontario Human Rights Commission • Cannabis use .at work • Cannabis use in residential housing • Public places • Determining when there is a duty to accommodate Overview Cannabis or `marijuana" laws are changing in Canada.[1' It will now be legal for people age 19 or older in Ontario to buy, possess, use and grow recreational cannabis. Provincial laws generally permit cannabis use wherever laws permit tobacco use.[21 Cannabis use for a medical purpose (medical cannabis) continues to be legal. Ontario's Human Rights Code (the Code) and the Ontario Human Rights Commission's policies[3] apply to cannabis in the same way they do for other drugs. The Code protects people who use cannabis for a medical purpose related to a disability from discriminatory treatment in employment, housing, services and other areas. The Code also prohibits discrimination against people who have or are perceived to have an addiction to cannabis based on the ground of disability. People who use cannabis for a medical purpose related to a disability, and people addicted to cannabis, also have the right to disability -related accommodation to the point of undue hardship — that is, significant health and safety risks or excessive costs. People seeking accommodation related to cannabis use because of a disability may need to provide medical or other information to support their needs. Employees who use cannabis because of a disability may need to provide information verifying their fitness for work. Back to top Cannabis use at work Ontario prohibits smoking or vaping cannabis for a recreational or medical purpose in an enclosed workplace.[4I An employee can consume edible cannabis for a medical purpose related to a disability in an enclosed workplace, as long as it does not interfere with workplace health and safety or performing essential job duties. Example: An employer accommodates an office clerk with periodic breaks throughout the workday so he can consume edible cannabis for a medical purpose related to his disability. The cannabis helps treat some of the symptoms of his multiple sclerosis. His doctor determines the amount of cannabis consumed will not interfere with job performance or workplace health or safety and declares him fit for work. Similar to alcohol and other drugs, employers can generally expect employees to be free from cannabis impairment while at work.[5' Still, employers have a legal duty under the Code to accommodate the disability -related needs of employees who use cannabis for a medical purpose, or are addicted to cannabis use. Accommodation does not necessarily require employers to permit cannabis impairment on the job. The duty to accommodate ends if the person cannot ultimately perform the essential duties of the job after accommodation has been tried and exhausted, or if undue hardship would result. It would likely amount to undue hardship to allow any employee, regardless of a disability or addiction, to be impaired by cannabis while doing safety -sensitive jobs like operating heavy machinery. Example: In Aitchison v L & L Painting and Decorating Ltd, the Human Rights Tribunal of Ontario (HRTO) found that the termination of a painter who smoked cannabis for a medical purpose at work during his breaks was not discriminatory. The painter worked on the outside of a building 37 floors above ground. The HRTO concluded his actions represented a genuine health and safety risk given the safety sensitive nature of the job site. The HRTO found no evidence that the employee asked for an accommodation. Rather, the HRTO said the employee took it upon himself to medicate at work without authorization from his treating physician or employer. The HRTO also found the employer's policy prohibiting cannabis smoking on the job 11/21/2018 Policy statement on cannabis and the Human Rights Code I Ontario Human Rights Commission was bona fide and reasonable and did not impose automatic termination or close the door to accommodating employees who use cannabis for a medical purpose into a non -safety sensitive position.[6] Employees who use cannabis for a medical purpose or have a cannabis addiction should discuss with a doctor any concerns about fitness for work and negative effects on workplace health and safety or performance of essential duties. Employers should routinely inform employees who work in safety sensitive positions about the need to disclose if they are using a drug that could lead to on-the-job impairment. Employers should encourage employees to ask for disability -related accommodation before harmful incidents happen. Generally, people are expected to make their accommodation needs known. Some employees may be reluctant or unable to recognize or disclose that they have disability -related accommodation needs.[7] Employers have a duty to inquire where an employee is clearly unwell or is known to have, or perceived to have, disability needs related to cannabis use for a medical purpose, or cannabis addiction:[$] Everyone isexpected to cooperate in the accommodation process. The employee may need to provide medical or other information to support a disability -related need, but also has a right to privacy as much as possible. The employer does not generally have the right, to know the nature of the person's disability or their treatment. However, a doctor's note verifying that cannabis use related to a disability is not interfering with fitness for work might be necessary for accommodation in some situdtions, particularly in safety -sensitive environments. As part of its duty to accommodate, an employer must try to reduce any risks. They may be required to change some job duties or offer alternative work to accommodate someone who uses cannabis for a medical purpose related to a disability. Other forms of accommodation include referring someone with a cannabis addiction to an employee assistance program, allowing time off to attend a rehabilitation program or providing other job-related supports. Employers should offer assistance and accommodation before imposing consequences where an employee is impaired on the job or unable to do their essential duties due to cannabis use for a medical purpose related to a disability, or to cannabis addiction. Workplace policies that automatically discipline employees for not coming forward and disclosing disability -related cannabis use or cannabis addiction may be discriminatory.[9] However, an organization may not be expected to accommodate a disability -related need if the person does not ultimately participate in the accommodation process. [10] Back to top Cannabis use in residential housing Ontario prohibits smoking or vaping cannabis for a recreational or medical purpose in common areas of apartments and condos. People cansmoke, vape or consume edible cannabis for either purpose in their house, condo or apartment and their outdoor space including a yard, porch or balcony, except where laws or rules prohibit smoking or vaping cannabis and tobacco for public health reasons.[11] Residents can consume edible cannabis for a medical or recreational purpose anywhere on the premises of their residential building. Cannabis use might negatively affect other building residents, including people with chemical sensitivity disabilities. [12] Housing providers have a legal duty to look for solutions and accommodate the disability -related needs of people who use cannabis for a medical purpose related to a disability[13] as well as of people with disabilities affected by cannabis use, unless it would cause undue hardship. Example: A ground -floor tenant with a severe chemical sensitivity disability contacts the property manager about cannabis smoke drifting in from the new neighbour next door. The property manager inve'stigates and discovers the neighbour uses cannabis for a medical purpose related to a disability. The manager offers to move the neighbour to another floor. Meanwhile, maintenance comes to reseal the two apartments to reduce smoke infiltration. The manager also begins a "turnover" policy of eventually designating all the units on the ground floor as smoke-free. 11/21/2018 Policy statement on cannabis and the Human Rights Code I Ontario Human Rights Commission Residents seeking accommodation related to cannabis use because of a disability may need to provide medical or other information to support their disability -related needs. Back to top Public places Ontario generally prohibits smoking or vaping cannabis for a recreational or medical purpose in enclosed public places, as well as at schools and other prescribed places.{14] People can use cannabis for either purpose in many outdoor public places, except where laws or rules prohibit smoking or vaping cannabis and tobacco for public health reasons.[151 People can consume edible cannabis for a medical purpose related to a disability in any indoor or outdoor public place. Back to top Determining when there is a duty to accommodate 1. Is the cannabis use for a medical purpose or because of an addiction? • Organizations may have a duty to accommodate cannabis use for a medical purpose related to a disability under Ontario's Human Rights Code, unless it results in undue hardship based on health and safety or cost, or ultimately the person is unable to meet the essential requirements relating to their job, housing or service provision after accommodation has been tried and exhausted • Organizations may also have a duty to accommodate a person's disability -related needs arising from cannabis addiction, such as time off work for treatment, unless it would result in undue hardship • There is no duty to accommodate recreational cannabis use under the Code. 2. Is the cannabis use for a medical purpose smoked or vaped? • People cannot smoke or vape cannabis for a medical purpose related to a disability in places where laws or rules prohibit smoking or vaping cannabis and tobacco for public health reasons • However, an organization might have a duty to accommodate in some way (for example, by providing breaks to allow an employee who smokes cannabis for a medical purpose to smoke outside in places where smoking is permitted by law) • Organizations also have a duty to accommodate other people with disabilities who are negatively affected by cannabis smoke or vapour. 3. What if cannabis use causes impairment at work? • Employers can require employees to be free from recreational cannabis impairment at work • Impairment at work from cannabis use related to a disability may also be prohibited if it interferes with health and safety or performance of essential job duties • Tribunals and courts have confirmed that employers can prohibit impairment from cannabis use for a medical or other purpose at work in safety -sensitive jobs • Employers must not impose automatic termination and have a duty to accommodate employees with disabilities who use cannabis for a medical purpose, or are addicted to cannabis, short of undue hardship • An employee may need to provide medical or other information to support their disability -related accommodation needs. They may also need to verify their fitness for work. Back to top [1] See Federal Bill C-45, An Act respecting cannabis and to amend the Contro//ed Drugs and Substances Act, the Criminal Code and other Acts, 2018. 11/21/2018 Policy statement on cannabis and the Human Rights Code I Ontario Human Rights Commission [2] See the Ontario Government's online publication, Cannabis legislation: www.ontario.ca/page/cannabis- legalization. [3] See OHRC's Policy on ableism and discrimination based on disability(2016); Po/icy on drug and a/coho/ testing (2016); Drug and alcohol testing - Frequently asked questions, Policy on preventing discrimination based on mental health disabilities and addictions (2014); and Policy on human rights and rental housing (2009). [4] See, Cannabis legislation, supra note 2. [5] For related information, see the Ontario Ministry of Labour's online publication, Impairment and Workplace Health and Safety. www.labour.gov.on.ca/english/hs/pubs/impairment.php. [6] Aitchison v L & L Painting and Decorating Ltd, 2018 HRTO 238 (CanLII). Also see French v Selkin Logging, 2015 BCHRT 101 (CanLII). [7] Stewart v Elk Valley Coal Corp., 2017 SCC 30 (CanLII). [8] Wall v The Lippe Group, 2008 HRTO 50 (CanLII) at para 80; Krieger v Toronto Police Services Board, 2010 HRTO 1361 (CanLII). [9] Aitchison, supra note 6. [10] Stewart, supra note 7. [11] There are specific restrictions and exceptions for residential care facilities. See, Cannabis legislation, supra note 2. [12] Borutski and others v Crescent Housing Society and another (No. 3), 2014 BCHRT 124 (CanLII). [13] TET -82381-17 (Re), 2017 CanLII 94010 (ON LTB). [14] See, Cannabis legislation, supra note 2. [15] Ibid. Back to top Attachments Attachment Yi Policy statement on Cannabis and the Human Rights Code (2018) D Questions and answers on cannabis and the Human Rights Code (2018) Like 14 Tweet Sham About the cOMriSiiO4 StiSi8145$ Mon rm& Reports News Centra Size '. 1.55 MB 464.4 KB 11/21/2018 Policy statement on cannabis and the Human Rights Code I Ontario Human Rights Commission CO.M2 tt US Sivedge Nestive Ac-afaiblitty Feedbatk Ptivacy Sttte-mot 111 Q4hfirt'g P4Ater ra4 ()Matto Open Data