Supplier Code of Conduct

Policy number: 2024-06

Effective date: October 22, 2024

Last revision date: October 22, 2024

On this page

1. Introduction
2. Integrity and Public Confidence
3. Workplace Well-Being

1. Introduction

1.1 Purpose

1.1.1 The Supplier Code of Conduct outlines the principles and standards that Haldimand
County (the “County”) expects from Suppliers when conducting business with or on
behalf of the County. This policy aims to ensure that all Suppliers maintain the
highest level of ethical conduct, integrity, and compliance with applicable laws and
regulations.

1.1.2 This Supplier Code of Conduct (“Supplier Code”) is applicable to any Supplier, their
employees, representatives and subcontractors who wish to establish and maintain a
business relationship with the County.

1.1.3 The Supplier Code is created to support the County’s corporate Respectful Conduct
Policy, which aims to provide public services to the residents and visitors of the
County through integrity, trustworthiness, mutual respect and to enable the County
to address unreasonable, frivolous or vexatious behaviours by Suppliers.

1.1.4 This Policy is in alignment with the County’s Procurement Policy 2023-02, it’s
definitions and more specifically, Article 7.0 Supplier Eligibility & Relations within the
Policy.

1.2 Objectives

1.2.1 Suppliers, subcontractors, employees, appointed agents, representatives, bidders,
and potential bidders, who provide goods, services or construction to the County
("Suppliers"), are required to align with the County's objectives. These objectives
encompass promoting competitive bidding, upholding fairness, accountability, and
transparency in the procurement process, all while doing so in a professional
manner.

1.2.2 The County expects Suppliers to perform all duties in a competent and impartial
manner which can withstand the closest public scrutiny. Suppliers are expected to
exercise sound judgement when conducting business with the County and exhibit
solid business integrity which aligns with the County’s core values and ethical
standards.

1.3 Application

1.3.1 Suppliers are required to familiarize themselves with this Supplier Code and comply
with it as a condition of doing business with the County.

1.3.2 Suppliers are responsible for ensuring that any employees, representatives,
appointed agents, or subcontractors acting on the Supplier’s behalf, conduct
business in accordance with this Supplier Code.

1.3.3 The Supplier Code should not be read in lieu of, but in addition to the Supplier’s
contractual obligations. In the event of a conflict between this Supplier Code and a
contract, the contract shall govern as applicable. In the event there is no contract, the
Supplier Code shall be read in alignment with the County’s Procurement Policy.

1.3.4 The County reserves the right to refuse or discontinue business with any Supplier
found to be in violation of this Policy.

1.4 Severability

1.4.1 Should any section, clause or paragraph of this Policy be declared by a court or
competent jurisdiction to be invalid or unenforceable, the decision shall not affect
the validity or enforceability of any other provision of this Policy. 

2. Integrity and Public Confidence

2.1 Supplier Responsibilities

2.1.1 Suppliers are expected to adhere to the following core values of business integrity:

• Comply with all applicable County, provincial and federal laws and regulations
  relevant to their business operations, products, services and will not participate
  in or contribute to any actions that would involve breaking, avoiding, or
  undermining the principles and standards outlined in the Supplier Code;
• Treat all persons honestly and equitably, showing due respect for their rights,
  entitlements, duties and obligations; and at all times act responsibly and
  diligently in the performance of their duties;
• Be professional and courteous;
• Be accountable and responsible for decisions and actions, take ownership of
  problems and initiate corrective actions;
• Promote the health and safety of others and prevent workplace illness, injury,
  harassment and violence as the employer; and
• Carry out their duties in a fair, impartial and transparent manner.

2.2 Conflict of Interest

2.2.1 Public confidence in the County is put at risk when the conduct of a Supplier involves
or appears to involve a conflict between public duty and private interests. Suppliers
are required to support and advance the interests of the County and avoid placing
themselves in situations where their personal interests actually or potentially conflict
with the interests of the County.

2.2.2 Suppliers are expected, at minimum to:

• Avoid any situation that may create a perceived, probable or actual conflict of
  interest without prior written approval from the County;
• Not take part in, or in any way influence any County decision that might result in
  a financial or other advantage, whether direct or indirect, as a result of
  contractual association with the County; and
• Not attempt to gain an improper advantage or preferred treatment from County
  staff.

2.2.3 Suppliers shall disclose to the County, as soon as they become aware of any situation
that could or has resulted in an actual, probable or perceived conflict of interest.

2.3 Avoidance of Preferential Treatment

2.3.1 Suppliers shall not grant preferential treatment to any County staff and must avoid
creating or appear to create an obligation for the purpose of gaining any special
consideration.

2.4 Gifts and Hospitality

2.4.1 Staff and Council are required to comply with their respective Code of Conduct
Policies, which dictate appropriate and accepted protocols. The Policies assist with
matters of conduct to avoid conflict of interest and which prohibits the acceptance of
gifts or favours in exchange for business or business considerations. Staff and
Council are to serve the public in a manner beyond reproach.

2.5 No Lobbying

2.5.1 Suppliers must not, in relation to the procurement process, engage directly or
indirectly in any form of political or other lobbying whatsoever to influence the
selection of the preferred bidder.

2.6 Fraud

2.6.1 Suppliers must not engage in any fraudulent activity. Examples of activities which
may be considered fraudulent include, but are not limited to:

• Forgery or alteration of documents (cheques, purchase orders, time sheets, etc.);
• Misappropriation of funds, securities, supplies or assets;
• Authorization of receipt of payment for goods not received, services not
  performed or hours not worked;
• Authorization of unjustified or inflated change order requests to increase profits;
• Knowingly delivering works, goods or services that do not meet contract
  specifications; and
• Subcontracting to business entities that are not arm’s-length without prior
  consent of the County.

2.6.2 Suppliers shall disclose any previous convictions of collusion, fraud or other similar
practices prohibited under law for which they have not received a pardon.

2.7 Theft and Vandalism

2.7.1 The County’s assets must be protected from theft, destruction, vandalism and
neglect, and used properly and strictly for the County’s purposes. Supplier’s personal use, misuse, misappropriation of/or theft or vandalism of County property, resources,
equipment, material and supplies is prohibited. 

2.8 Anti-Bribery and Anti-Corruption

2.8.1 Suppliers are expected to comply with applicable anti-corruption laws, whether
domestic or foreign, and not engage in any form of corrupt practices including, but
not limited to extortion, fraud, bribery or other unlawful payment or benefit to secure
any concession, contract or other favourable treatment.

2.8.2 Suppliers should not engage in any conduct that would put the County at risk of
violating anti-bribery laws or regulations. Bribery is giving or receiving of a “thing” of
value to influence the actions of another person or organization. Types of bribery can
include, but not be limited to:

• Kickback payments that could be received before, during or at the end of a
  project/contract; and
• Any financial benefits given with the intent of influencing the recipient which
  includes such things as gifts (for example, travel or entertainment), loans, credit
  cards, purchase overpayments, cash, fees and commissions.

2.9 Collusive Bidding

2.9.1 Suppliers are not to participate in collusive bidding which may include agreeing to
submit complementary high bids to allow pre-selected Suppliers to win contracts on
a rotating basis, divide contracts by territory or take steps to defeat the competitive
process and divide work. Suppliers are not to contract with separate business
entities that are not arm’s-length, submit a bid through non arm’s-length entity or
reveal confidential information to an arm’s-length entity.

2.10 Misrepresentation

2.10.1 Suppliers are prohibited from misrepresenting their relevant past experiences and
qualifications in relation to any solicitation process. The County reserves its rights if
the Supplier fails to make the appropriate disclosures and representations.

2.11 Confidentiality

2.11.1 Suppliers must not disclose confidential and/or personal information unless
specifically and explicitly permitted in the terms of their contract. The duty of a
Supplier to maintain the integrity and confidentiality of County information
continues once that Supplier ceases to be in a contract with the County.

2.11.2 When discussing business matters, Supplier must consider their surroundings.
Conversations in public places should be limited to information that is nonconfidential and does not include references that could identify a person or situation.

2.12 Social Media

2.12.1 The County supports the use of online communications to enhance customer service
and leverage the County’s brand.

2.12.2 Without the County’s prior explicit written consent, Suppliers should not
communicate on social media platforms identifying the County as a client or the
associated services and goods provided to the County. The County maintains a
neutral stance regarding any endorsements of Suppliers. Inclusion in the County’s
Supplier network does not constitute or imply an endorsement of the Supplier's
products, services, or business practices. Suppliers must not use the County’s
company’s name, logo, or any reference to our business in any promotional
materials, advertisements, or endorsements without prior written consent from the
County.

2.12.3 The County expects Suppliers to exercise discretion and professionalism in their
online presence. Any social media activity by a Supplier that is deemed harmful,
inappropriate, or inconsistent with the County’s values and reputation may
negatively impact the business relationship. Suppliers are expected to avoid any
posts, comments, or content that could be perceived as damaging or controversial in
relation to the County. Failure to adhere to these guidelines may result in corrective
actions, including but not limited to termination of the business relationship.

2.12.4 Suppliers must adhere to Canadian libel laws, the Municipal Freedom of Information
and Protection Act, 1990, as amended, and the County's confidentiality and
intellectual property practices.

2.13 Quality and Customer Satisfaction

2.13.1 Suppliers are expected to deliver construction, products and services that meet or
exceed agreed-upon specifications and quality standards. They should also be
responsive to feedback and committed to resolving any issues promptly. 

3. Workplace Well-Being

3.1 Safe and Respectful Workplace

3.1.1 The County is committed to providing a safe and respectful work environment
against illness, injury and incidents of violence and harassment. Suppliers are
expected to conduct business in accordance to the Ontario Health and Safety Act, as
amended the Ontario Human Rights Code, as amended. Suppliers are expected to
maintain an inclusive and respectful workplace in which the dignity and self-respect
of every person is valued.

3.1.2 Suppliers must ensure that their personal conduct within the workplace and
elsewhere does not adversely affect:

• Their ability to perform their official duties;
• The ability of County employees or other Suppliers to perform their duties; or
• Public confidence in the County or in the public sector.

3.2 Employment Practices

3.2.1 Suppliers must abide by applicable employment standards, labour, nondiscrimination and human rights legislation. Where laws do not prohibit
discrimination or where they allow for different treatment, Suppliers are expected to
be committed to non-discrimination principles and operate in a way that does not
differentiate unfairly.

3.3 Fit for Duty

3.3.1 Suppliers must be fit for duty meaning they must have the ability to safely and
acceptably perform duties assigned without impairment, including but not limited to:
the use or after-effects of illicit drugs, alcohol, and/or medications, the misuse of
and/or failure to take prescribed medications, and/or extreme fatigue/stress. The
following are strictly prohibited for all Suppliers:

• Use, possession, distribution, offering or sale of illegal drugs, illegal drug
  paraphernalia or un-prescribed drugs (for which a prescription is legally required
  in Canada) while on County business or premises;
• Use, possession, distribution, offering or sale of alcoholic beverages or cannabis
  on County premises;
• Intentional misuse of prescribed medications, over-the-counter medications or
  other substances while on County business or premises; and
  Haldimand County - Policy No. 2024-06 Page 9 of 9
• Being unfit for work due to the effects or after-effects of fatigue/stress, alcohol,
  illicit or illegal drugs, un-prescribed drugs (for which a prescription is legally
  required in Canada) or the intentional misuse of medications or other
  substances.