Employees, volunteers, contractors and board members are expected to disclose any personal, family or business interests that they have which, by creating a divided Loyalty, could influence their judgment and hence the wisdom of decisions. A Conflict of Interest exists wherever an individual (or a company where the individual is an owner or in a position of authority) could benefit, dis-proportionally from others, directly or indirectly, from access to information or from a decision over which they might have influence. Where someone might reasonably perceive there to be such a benefit or influence it may be necessary to disclose and mitigate in accordance with this policy.

An individual may be:

•  A spouse, child, parent, grandparent, or sibling of an employee, volunteer, contractor and board member
• The employer of an employee, volunteer, contractor and board member.
• A corporation with shares if an employee, volunteer, contractor and board member owns or controls the shares.
• A corporation without shares if an employee, volunteer, contractor and board member controls the voting rights.
• A corporation where an employee, volunteer, contractor and board member is a director or officer
• A partnership where an employee, volunteer, contractor and board member is a partner, or where one of the companies mentioned above is a partner.

Examples of possible Conflict of Interest situations include:

• a board member has a personal or business relationship with MakeWay as a supplier of goods or services or as a landlord or tenant;
• an employee has a personal or financial relationship with a donor or project of MakeWay outside of the workplace;
• an employee’s or board member’s sibling is employed by a company that provides services to MakeWay;
• MakeWay employs someone who is directly related to an employee, volunteer, contractor or board member.

Conflicts of Interest, real and perceived, are inevitable and should not prevent an individual from serving as an employee, volunteer, contractor or board member unless the extent of the interest is so significant that the potential for divided loyalty is present in a significant number of situations or a single situation with significant monetary value. A full and timely disclosure of any conflict, real or perceived, and implementation of safeguards appropriate to the circumstances, will generally be sufficient to manage the conflict. 

Employees, volunteer, contractors and board members must disclose, as soon as reasonable possible, to the appropriate Conflict Disclosure Contact (CDC) any personal, family, or business interest that may, in the eyes of another person, influence their judgment.

If an individual is aware of a Conflict of Interest that has not been disclosed by an employee, volunteer, contractor or board member, they should inform the employee, volunteer, contractor or board member of the requirement to disclose the conflict to the CDC. If the disclosure is not made, the individual that is aware of the Conflict of Interest should inform the VP of Thriving Leadership and the CFO. If necessary, a report can be made in accordance with the Whistleblower Policy.

Employees, volunteers, contractors and board members who disclose a Conflict of Interest in good faith will be supported and not experience reprisal because of their disclosure. MakeWay will adhere to relevant employment legislation to ensure individuals are protected from retaliation for raising concerns in good faith.

Failure to disclose a Conflict of Interest in accordance with this policy may create unnecessary risk for employees, volunteers, contractors, board members, or the organization. Where the Conflict of Interest is significant, failure to disclose may result in disciplinary action.

All individuals subject to this policy have an ongoing obligation to disclose any potential conflicts as soon as they arise. The organization reserves the right to review decisions or actions made prior to disclosure and to take remedial steps if a conflict is found to have improperly influenced those decisions.

The CDC will determine, in consultation with other employees, senior management or board members if necessary, appropriate safeguards in the circumstances.

Mitigation may include:

• Employees, volunteers, contractors and board member will recuse themselves from participating in any discussion or voting on matters where they have, or may be perceived to have, a Conflict of Interest. Such recusals should be recorded in the minutes of the meeting.
• Any business relationship between an individual (or a company where the individual is an owner or in a position of authority) and MakeWay, outside of their relationship as an employee, volunteer, contractor or board member, must be formalized in writing and approved by their manager or supervisor, or by the chair of the board in the case of board members or the CEO.
• When working with people outside the organization, MakeWay employees will respect any conflict of interest legislation, policy, code of conduct to which they are obligated. Where such obligations are more prohibitive than MakeWay’s, the former shall prevail.

The CDC will determine appropriate safeguards and will a create a written record of the disclosure and safeguards. The written record will be shared with the individual disclosing the conflict, the CEO, and other relevant individuals involved in decision making. Employee related disclosures will be retained by the VP of Thriving Leadership and the People, Engagement and Learning Team (PEL) and may or may not share with CEO and relevant individuals depending on the nature of the disclosure.

MakeWay employees, volunteers, and contractors will not ask, demand solicit, accept, or agree to receive anything of value in return for being influenced in the performance of their duties at MakeWay, nor will they offer, promise, or give anything of value to another person in order to influence their behaviour. This applies to dealings with individuals and organizations, including but not limited to:

• Potential recipients of contracts, grants, honoraria, and other payments from MakeWay
• Potential donors, funders, and clients of MakeWay
• Government agents
• Agents of private and non-profit organizations

In accordance with MakeWay’s policies, employees, volunteers, and contractors will abide by all applicable laws in performance of their duties, including but not limited to those relating to Bribery and Corruption.

Any giving or receiving of gifts by MakeWay employees, volunteers, and contractors will be:

• In accordance with applicable legislation and codes of conduct, most significantly those governing lobbying and lobbyists
• Primarily limited to tokens of appreciation and reasonable hospitality, where the meaning of those words is intentionally vague to accommodate diverse cultural norms
• Proportional to the relationship and cultural context in which the gift is presented, so as not to create a sense of obligation
• Accounted for in accordance with GAAP, including issuing a T4A if required
• For larger gifts, presented to and from organizations, rather than individuals, such as food for sharing or art to display in a shared space.