Purpose and Scope
Justice Education Society (JES) is committed to the highest ethical standards and to open and fair business conduct in all of its projects worldwide. General work conduct standards are outlined in our Code of Conduct. In addition, employees, consultants, volunteers, directors, and officers shall not, directly or indirectly, give, offer, promise, authorize or agree to give or offer a loan, payment, reward, advantage, gift, favour or benefit of any kind, however characterized, to a foreign public official, political party, party official or candidate, or to any person or organization, for the benefit of a foreign public official, political party, party official or candidate, or any person or organization, in contravention of the Canadian Corruption of Foreign Public Officials Act, SC 1998, c. 34, as amended.
By complying with this Anti-Corruption and Anti-Bribery Policy, we uphold our high moral and ethical principles and demonstrate our commitment to best practices regarding anti-corruption behaviour across all areas of our work. This policy shall be published externally on the JES website at https://justiceeducation.ca/policies within 30 days of Board approval.
Any link to bribery or corruption would damage our reputation and undermine the trust we have built with beneficiaries, partners, donors, and the public. We must provide a clear message to our staff, stakeholders, and partners that bribery and corruption are not tolerated and that the organization has effective measures in place to prevent and address any such issues.
This Policy applies to all employees, consultants, contractors, volunteers, directors, and officers of the Justice Education Society (JES). JES expects all employees, consultants, contractors, volunteers, directors and officers to know and follow this Anti-Corruption and Anti-Bribery Policy.
Failure to comply with this Policy may be grounds for disciplinary action, up to and including termination of employment for just cause or other business relationships.
Definitions
Corruption is the misuse of public power for private profit, or the misuse of entrusted power for private gain.
Bribery is giving or receiving money, free trips, meals, or other gifts or an inducement of any kind in exchange for information, new business, to facilitate or damage implementation of ongoing business, or to influence official policy or actions. An inducement is something which helps to bring about an action or desired result.
Bribery and corruption can take the form of:
- Cash payments
- Phony jobs or “consulting” relationships
- Kickbacks
- Political contributions
- Charitable contributions
- Social benefits
- Gifts, hospitality, and reimbursement of expenses
Facilitating Payment is a small, unofficial payment made to expedite routine governmental action that does not involve obtaining, retaining, or directing business, such as processing work orders or other administrative requests.
Government Official is any official of a governmental entity, a public international organization, a regional development bank or other multilateral organization, or indigenous representative. For purposes of this Policy, government-owned companies and their instrumentalities are considered to be governmental entities, and their employees, officers, directors, agents, consultants and contractors are considered to be government officials.
Kickback is a payment of any part of a contract amount made to an employee or agent of a contracting party by another contracting party, directly or by use of other techniques such as subcontracts, purchase orders or consulting agreements, to channel payments to a government official, politician, contracting party or its employees or agents, or their relatives or business associates.
Policy
JES has a zero-tolerance approach to bribery and corruption. You are strictly prohibited from offering, paying, promising, authorizing or receiving any bribe, facilitating payment, kickback or other thing of value to or from any government official or government employee, directly or indirectly through a third party, to secure any contract, concession or other improper advantage for JES.
You must understand and comply with this Policy, and, when in doubt, seek interpretation and guidance from your supervisor or the CEO.
The following are definitions of specific behaviours that we expressly prohibit:
- Misuse of Authority: You may not use JES resources, property, personnel, facilities, equipment, time, or funds for personal financial gain or to gain favourable political or legal treatment.
- Bribery: You will not provide to or accept from any government official or another person or organization, any gift, gratuity, money, or other form of compensation or benefit when it is intended to influence official acts or receive special consideration or benefit.
- Financial Records: Our financial books and records must accurately reflect both the quantitative and qualitative aspects of each transaction. Quantitative aspects refer to the amount of the transaction. Qualitative aspects include the written description of the transaction and the accounts credited or debited for it. You must ensure that there is a reasonable relationship between the substance of a transaction and how it is described in JES’s books and records.
- Gifts: It is prohibited to give or receive inducements, including gifts and entertainment, to or from government officials on a scale that might be perceived as creating an obligation on that official. In addition gifts may not be given or accepted with the intention or expectation of influencing a party to obtain or retain business or a business advantage, or as a reward for the provision or retention of business or a business advantage, or in exchange for favours or benefits. Detailed information about gift giving and receiving may be found in JES’ Conflict of Interest Policy.
Reporting Procedure
JES is dedicated to the identification and rectification of malpractice. Violations or suspected violations may be submitted on a confidential basis by the complainant or may be submitted anonymously. Reports of violations or suspected violations will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation.
No retaliation will be taken against whistleblowers for any disclosure made in good faith.
Employees must report any suspected malpractice, including by any employees, consultants, volunteers and officers of JES, to the CEO. The President of the Board must be contacted in the event of suspected malpractice by the CEO and/or a Board Director. To do so, staff and program participants can submit a report anonymously using the JES Conduct Report Form, available in English and Spanish here, which goes directly to the Board President at report@justiceeducation.ca and is not accessible to JES staff or management.
When making a report, you are encouraged to provide as much specific information as possible including names, dates, places and events that took place, your perception of why the incident(s) may be a violation, and what action you recommend be taken. Reports should include as much detailed information as possible to allow proper investigation of your concerns. Reports will be handled in a confidential manner. The action taken after a report is received will depend on the nature of the concern. Reports will be investigated according to the laws of British Columbia and the employee’s residence, and if there are reasonable grounds, it will take appropriate measures to implement a prompt and thorough investigation. Every effort will be made to protect the reporter’s identity (if provided) to the extent possible and subject to applicable law. Please note that it is possible that as a result of the information provided in a report, the reporter’s identity may become known to JES during the course of the investigation. Every report received will be logged, and the assessment and its outcome will be recorded whether or not the report proceeds to investigation.
All employees have a duty to cooperate in an investigation. If such a person fails to cooperate in an investigation, or if they provide false information in an investigation, JES will take corrective action commensurate with the severity of the offence (up to and including termination of employment or other business relationships).
JES may discipline any employee who makes a report under this Policy without a reasonable, good-faith belief in the truth and accuracy of the information they provide and such discipline may result in the termination of the individual’s employment.
Compliance
All employees, consultants, volunteers, directors, and officers must comply with this Policy and cooperate with any investigation initiated pursuant to this Policy. Adhering to this Policy is a condition of employment or other business relationships.
This policy should not be construed as preventing, limiting, or delaying JES from taking disciplinary action against any individual, up to and including termination of employment for cause, or other business relationships, in any circumstances where JES deems disciplinary action appropriate.
Questions about this Policy
If you have any questions, contact the CEO.
Policy Acknowledgment
Please go to the JES Employee Policies Google Form to acknowledge that you have read, understood, and agree to comply with JES Policy B2: Anti-Corruption and Anti-Bribery Policy.