Table of Contents

Terms of Use

The following terms and conditions (“Terms of Use”) govern the relationship between you and the Canadian Film Centre (“CFC” “we” “our” “us”) with respect to your use of the CFC’s website www.cfccreates.com (“Site”). By using the Site you are unconditionally agreeing to comply with and be legally bound by the terms and conditions set out in these Terms of Use as well as CFC’s privacy policy.

If these Terms of Use and the privacy policy contained therein are not acceptable to you, you may not use the Site. We may update these Terms of Use from time to time and you are responsible for periodically reviewing the most current version. Changed terms will become effective once posted on the Site and will remain in force until removed by the CFC. Your continued use of the Site will be deemed your conclusive acceptance of the updated Terms of Use.

Your use of the Site is at your own risk and the CFC assumes no liability or responsibility pertaining to the Site or any of its content. You agree that the CFC is not liable to you or any third person for damages of any kind arising from your use of the Site.

Trademarks and Copyright

The CFC, select program names, business names, domain names, graphics, logos, icons and designs on the Site constitute registered and unregistered trademarks of the CFC. Some trademarks on this site are owned by other parties who have granted the CFC a license to use their marks (trademarks owned by the CFC as well as those licensed to the CFC for use shall collectively hereafter be known as the “Marks”). Any unauthorized use, downloading, re-transmission, or other copying or modification of the Marks may be a violation of federal or other law.

This Site and all of its content, images and information, including but not limited to any UGC (defined below), Marks, short films, music, audio visual material, clips, excerpts, trailers, text, code, illustrations, graphics, designs, individual names, likenesses, bios, photographs, press releases and newsletters (collectively “CFC IP”) are owned or licensed by the CFC and are protected by copyright and other proprietary rights or may be subject to restrictions.

Unauthorized use, downloading, re-transmission, or other copying or modification of the UGC, Marks or CFC IP including reverse engineering, uploading, linking, distributing, exploiting or altering or creating any derivative works from or based upon any such content is specifically prohibited.

Anyone wishing to use any Marks or CFC IP must request and receive prior written permission from the CFC. You hereby covenant and agree not to use any screen scraping, framing, bots, spiders, crawlers, avatars, intelligent agents or other automated processes on this website or its content.

UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY SITE CONTENT INCLUDING MARKS OR CFC IP IS STRICTLY PROHIBITED.

Online CFC Program Applications and User Generated Content

The CFC may offer from time to time programs, services or events for which online applications may be submitted via the Site. As part of the application process, applicants may be required to submit content containing information about and describing themselves and their project, including, but not limited to, information regarding the project idea, scope, story, music, lyrics, characters, code, project business model, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts and other material and information, and associated trademarks and copyrightable works (collectively “UGC”).

You are solely responsible for your UGC. CFC will not have any ownership rights to any information, application, project information or UGC submitted by you to the Site. Your program application and accompanying UGC will be governed by CFC’s Privacy Policy and, unless otherwise disclosed by the CFC as contemplated below, will not be shared publicly by the CFC.

For events and programs offered by the CFC with a social media application, your UGC may be made available worldwide on the Site as well as shared across select social media platforms. With respect to such programs, you agree that by submitting an application and uploading accompanying UGC to the Site, you will license to the CFC a non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, assignable, transferable right to: 

  1. Display, exhibit, use and distribute, transmit and copy all or any portion of the UGC, as well as your names and personal and biographical material, in any and all media for the purposes of or in connection with the CFC and/or the CFC program worldwide;
  2. To take whatever other action is required to run the program; and 
  3. To allow users of the Site to view, stream, transmit, playback, display, feature, distribute, collect, and otherwise use the UGC in connection with the program. The foregoing license grant to the CFC does not affect your ownership or rights in the UGC, including the right to grant additional licenses. 

You understand and agree that:

  1. You are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your UGC and you hereby represent and warrant that you are the sole licensor or author and owner thereof and that you have complied with all copyright, intellectual property laws, and other Canadian and international law, and will not submit or upload any UGC that violates intellectual property rights, infringes the privacy of others, or contains harmful or illegal material; 
  2. Your UGC will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or are otherwise legally entitled to post the material and to grant the CFC all of the license rights granted herein; 
  3. None of your UGC contains any computer programming that may potentially damage or interfere with the Site or intercept or expropriate any system data or personal information from the Site; and 
  4. You are solely responsible for, and neither the CFC, nor the program or any program partners or sponsors shall have any liability in connection with, the legal consequences of any actions or failures to act on your part with respect to your UGC, including without limitation any legal consequences relating to your or any other person’s intellectual property rights or proprietary information.

Moreover, in your use of the Site you shall not: 

  1. Take any action that imposes or may impose (as determined by the CFC in our sole discretion) an unreasonable or disproportionately large load on the CFC’s or CFC’s third-party providers’ infrastructure;
  2. Interfere or attempt to interfere with the proper working of any program or any activities conducted on the Site; 
  3. Bypass any measures the CFC may use to prevent or restrict access to any program (or other accounts, computer systems, or networks connected to any program); 
  4. Run Maillist, Listserv, or any form of auto-responder or “spam” on the Site; or 
  5. Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site. You are not allowed to transmit malicious code or to collect information of other users through the Site.

Further, you may not take any action to interrupt the functionality of or tamper with the content contained on the Site or its servers or to unreasonably affect others’ enjoyment of the Site in any way. The CFC reserves the right to block access to the Site at our sole discretion for any reason. You may not use the Site for any illegal purpose, to make unsolicited offers or advertisements, to impersonate or falsely claim affiliation with any person or entity, to misrepresent, harass, defraud or defame others, to post obscene or unreasonably offensive material (to be determined at the CFC’s sole discretion), to negatively present the CFC, any program or any program partners or sponsors or for any commercial purposes.

At any time you may request that your UGC be removed from the Site by emailing [email protected]. If you believe that your UGC has been copied in a way that constitutes copyright infringement or if you believe that your UGC has been removed or disabled by mistake or misidentification, please notify the CFC in writing at [email protected]. Your notice must contain the following information (please confirm these requirements with your legal counsel):

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site, sufficient for Us to locate the material;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You agree that your sole remedy, upon your written notice to the CFC, may be the modification or removal of the offending content as determined by the CFC.

We may delete any or all of your information or UGC for any reason or no reason, whether intentional or unintentional, and, without any liability of any kind to you or any other party.

You agree to indemnify, defend, and hold the CFC, its successors, assigns, program partners and sponsors and each of the CFC’s and their respective officers, directors, agents, shareholders, employees and representatives harmless, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to:

  1. Your application and/or UGC, if applicable;
  2. Your use or misuse of, or connection to, the Site;
  3. Your breach or alleged breach of any representation or warranty;
  4. Your breach or alleged breach of these Terms of Use;
  5. Your violation of any rights (including intellectual property rights) of a third party; and
  6. Your use or misuse of any UGC including in violation of the Privacy Policy.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the CFC’s prior written consent.

Warranty

The CFC does not guarantee that there will be no interruptions, delays or inaccuracies in the Site functionality or availability of program information, CFC IP or UGC. The Site may be unavailable from time to time due to maintenance or malfunction or for various other reasons.

The Site and its content are provided “as is” and the CFC expressly disclaims all warranties, express, implied or statutory including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement with regard to any information, software, application, data, Marks, CFC IP, UGC, CFC programs, products or services or other items or information provided or made available on the Site. The CFC does not guarantee the continued availability or electronic storage of any portion of any application, information or UGC. The CFC makes no warranty, representation or covenant that the Site and any text, images, audio, audio video materials, clips and other content accessed from or available thereon will be uninterrupted, error free or corrected in the event of discovery of any errors, free of viruses or other harmful components, nor for any breach of security or any damage to your computer system or loss of data that may result from accessing, downloading, or using this website or any materials from it.

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies or liability contained in this agreement apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction in which you are located.

The CFC shall not be liable for any failure to perform our obligations hereunder where the failure results from any cause beyond the CFC’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

Links to Third Party Websites

The Site contains links to third party websites. The linked sites and pages are not under the control of the CFC and the CFC is not responsible for the contents of any linked website. These links are provided as a convenience only and shall not be construed as an endorsement of, sponsorship of, or affiliation with the linked website by the CFC.

Entire Agreement

These Terms of Use and the Privacy Policy constitute the entire Agreement between you and the CFC relating to your use of the Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. You may not amend these terms. If any of the terms are illegal or unenforceable or there is a claim that we have breached any of these terms, it does not affect or invalidate the other terms. These rights or terms may not be waived without written consent from the CFC. The CFC may assign, transfer, or delegate any of our rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Governing Law

The CFC is a registered charity located in Toronto, Ontario, Canada. By using the Site you agree that these Terms of Use shall be governed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein and will be construed in all respects in accordance with the laws of the province of Ontario applicable to an agreement entered into and to be wholly performed therein, and you agree to submit to the exclusive jurisdiction of the provincial courts of the Province of Ontario, Canada. The CFC’s technical service providers may perform activities related to the Site and the hosting of the Site in the United States and therefore subject to the applicable laws of that country.  

Privacy Policy

CFC (“we”, “our” or “us”), respects your right to privacy and is committed to meeting the privacy standards established by federal, provincial and applicable international regulations. All of our information handling practices comply with federal and applicable provincial laws, including the Personal Information Protection and Electronic Documents Act, an initiative designed to further protect the privacy of Canadians.

We are committed to maintaining the accuracy, confidentiality and security of your personal and financial information. As part of this commitment, we have established “Ten Privacy Principles” to govern our actions as they relate to the use of user information.

Ten Privacy Principles

1. Accountability

We are responsible for maintaining and protecting personal information that is under our control. To help fulfill this mandate, we inform members of the public as to how and why we collect the information we do, and we enable members of the public to contact us with questions regarding our compliance with the ten privacy principles including requests for information correction, removal or transfer of personal information. Contact information is provided at the end of this privacy policy. This policy may be revised from time to time, so please ensure you check this policy periodically to remain fully informed.

2. Identifying purposes

We will identify the purposes for which personal information is collected at or before the time such information is collected. The information that we may request will depend on the nature of your interaction with the CFC.

Some examples of the type of information we might collect are:

  • Your name
  • Your email address
  • Your mailing address
  • Your telephone number
  • Your credit card information when you purchase products or tickets or when you become a donor or join CFC Circle of Supporters
  • Banking information for the purpose of releasing payment on a program scholarship or bursary
  • Your interest in learning more about us and our programs
  • Your interest in employment or volunteer opportunities provided by us
  • Information collected electronically via cookies

Most of the information collected comes directly from you when you participate in CFC programs or events, become a donor or request information about us, our programs, employment or volunteer opportunities, events and services.

In addition to the above and as part of CFC’s ongoing commitment to diversity, equity, inclusion and accessibility, we ask various individuals and engaged communities to complete a self-identification questionnaire. This data is collected on a voluntary basis to improve, evolve and evaluate the CFC’s offerings, including programs, mentorship and financial assistance and ultimately to help ensure a more equitable and representative screen-based industry.

3. Consent

Your knowledge and consent are required for the collection, use or disclosure of personal information, except as otherwise required or permitted by law. By choosing to provide us with your personal information by applying for employment or volunteer opportunities with the CFC, by participating in CFC programs, or by voluntarily providing personal data to us you are consenting to its collection, use and disclosure in accordance with this privacy policy. If you are under the age of 18, you must not provide us with any personal information without the consent of your parent or guardian.

There are some situations where we may disclose your personal and other information without requesting your consent. For example, we may sometimes require services from suppliers, agents and service providers, and computer-data processing companies. Before disclosing any personal information to them, we will obtain their contractual commitment to keep all such information secure and confidential, and we will ensure that only necessary information is disclosed. Our student, volunteer, alumni and donor lists are for our use only and we never sell or give lists to other companies or organizations other than as provided herein.

In addition, personal and other information may be shared if we are subject to government tax reporting requirements or a part of a legal proceeding or court order. In such cases, we will release only the information that is legally required. In addition, we may disclose personal information to public authorities without an individual’s consent to protect the public interest. In addition, we may disclose your personal and other information without requesting your consent for the following purposes:

  • To protect and defend our and our affiliates’ rights, interests or property;
  • To enforce the terms and conditions of any agreement between you and us; or
  • To protect the interests of us, our affiliates, or our members, constituents or of other persons.

4. Limiting collection 

We will limit the personal information that we collect from you to what we need for the purpose(s) specified by us and we will use it only for those purpose(s). Information must be collected by fair and lawful means. We shall not be held liable for disclosure of the personal information when in accordance with this privacy policy or pursuant to the terms of any agreement between us and you.

With your consent, we may gather personal information from you in person, over the telephone, by corresponding with you via mail and email, by gathering information from newsletter subscription forms, program application forms, ballots or surveys, or over the internet.

5. Limiting use, disclosure and retention

Information gathered from you will only be used or disclosed for the purpose for which it was collected, except as you otherwise consent to or as otherwise required or permitted by law.

Your personal information will only be retained for the period of time required to fulfill the purpose for which it was collected or as may be required by relevant laws, whichever is greater. Following this period of time, other than contact information, our record of your personal information will be aggregated and anonymized or destroyed or erased.

6. Accuracy

Personal information must be maintained in as accurate, complete and up-to-date form as is necessary to fulfill the purposes for which it is used.

You have the right to access, verify and amend the information held in your files prior to its anonymization as applicable.

To help us keep your personal information up-to-date, we encourage you to keep us informed of any changes, such as if you move or change telephone numbers. If you find any errors in our information about you, let us know and we will make the corrections as soon as reasonably possible, and we will transmit the amended information to others, where appropriate. To make a change to the personal information contained in your file, please email [email protected].

7. Safeguarding information

We will protect your personal information with appropriate safeguards and security measures.

Where we use service providers who have access to your personal information, we select them carefully and require them to have privacy and security standards that live up to the terms of this privacy policy. We use contracts and other measures with our service providers to maintain the confidentiality and security of your information and to prevent it from being used for any other purpose.

CFC’s service providers may perform activities outside of Canada. As a result, your information may be securely used, stored or accessed in the United States and be subject to the laws of that country. For example, information may be shared in response to valid demands or requests from government authorities, courts and law enforcement officials in the United States.

8. Openness and your refusal or withdrawal of consent

At your request, we will make available the information concerning the policies and practices relating to the management of your information.

We will also explain your options of refusing or withdrawing consent to the collection, use or release of your information, and we will record and respect your choices.

In most cases, you are free to refuse or withdraw your consent at any time prior to the anonymization of your personal information as applicable. You may do so by contacting us by email at [email protected] or in any other manner as prescribed by us from time to time. Our staff will be pleased to explain your options and any outcomes arising from refusing or withdrawing your consent.

9. Access

You may contact us from time to time via email to confirm that the personal information we maintain is accurate and complete, and to request that it be amended prior to its anonymization as applicable where such information has changed or been transferred. However, in some specific circumstances, disclosure of your personal information to you can or must by law be denied, for example, when: 

  1. The information is protected by solicitor/client privilege;
  2. Disclosure of the information would also reveal personal information about another person; or
  3. Disclosure would reveal confidential commercial information. 

We will do our best to provide the required information to you within a reasonable period of time and will provide an explanation if we are unable to meet your request. A fee may be charged for certain inquiries due to the time and resources required, in which case, we will provide an estimate of the amount in advance.

10. Concerns

If you have any requests, questions, concerns or problems about privacy, confidentiality or how a request for information was handled, please write to/email us at the below noted address or call / fax us at the below noted numbers:

CFC

2489 Bayview Avenue

Toronto, ON

M2L 1A8

[email protected]

t. 416.445.1446

f. 416.445.9481

Privacy Online – General

When you visit our website and move from page to page, read pages or download content onto your computer, we learn via logging and analytics tools, commonly known as cookies, which pages are visited, what content is downloaded, and the address of the website that you visited immediately before coming to our website. We use this information to find out how many people visit our website and which sections of the website are visited most frequently. In some cases, cookies may collect other information about you that is not personally-identifiable. Examples of this type of information include the type of Internet browser you are using, the type of computer operating system you are using, and the domain name of the website from which you linked to our website or advertisement.

You may opt out of tracking by means of a cookie by following the steps below based on your browser:

CHROME

  • Chrome Support: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en
  • Advanced
  • Under Privacy and Security, click content settings
  • Click Cookies and turn “Allow sites to save and read cookie data” on or off
  • Clearing the cookies:
  • Click on the 3 dots on the top right and go to Settings
  • Scroll to the bottom and select Advanced
  • Clear Browsing Data
  • Here is where you can choose to remove all browsing data or you can simply check only cookies and other site data to remove just the cookies
  • Clear Data

FIREFOX

  • Firefox Support: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
  • Changing Cookies Settings:
  • Click on the main menu (3 bars) and select Options
  • Select “Privacy & Security”
  • Under Cookies and Site Data, you can choose to block cookies or simply accept only specific ones. Set your preferences accordingly
  • Tracking Protection
  • Under Tracking Protection, you have the option to Never allow websites to track you
  • Send websites a “Do Not Track” signal that you don’t want to be tracked, select Always
  • Clearing the cookies:
  • Click on the main menu (3 bars) and select Options
  • Select “Privacy & Security”
  • Under Cookies and Site Data, you can choose to Clear Data or Manage Data
  • Once you have selected what you would like to remove, select Clear

SAFARI:

  • Apple Support: https://support.apple.com/kb/ph21411?locale=en_CA
  • Changing Cookie Settings:
  • Click Safari
  • Preferences
  • Privacy; then do any of the following:
  • Always block cookies: Select “Block all cookies.”
  • Websites, third parties, and advertisers can’t store cookies and other data on your Mac. This may prevent some websites from working properly.
  • Remove stored cookies and data: Click Manage Website Data, select one or more websites, then click Remove or Remove All.
  • Removing the data may reduce tracking, but may also log you out of websites or change website behaviour.
  • See which websites store cookies or data: Click Manage Website Data.
  • Ask websites not to track you: Some websites keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. You can have Safari ask sites and their third-party content providers (including advertisers) not to track you.
  • With this option turned on, each time Safari fetches content from a website, Safari adds a request not to track you, but it’s up to the website to honor this request.
  • Clearing the cookies:
  • Warning: This removes all cookies and tracking data from every website you have visited
  • Click Safari
  • Preferences
  • Under the Privacy tab, click the Remove All Website Data
  • Remove Now

INTERNET EXPLORER/EDGE:

Whenever you disclose personal information online, including on message boards, in chat areas or by email, that information may be intercepted, collected and used. We are not responsible if that information is intercepted: you transmit information at your own risk.

We are committed to protecting the privacy of our users and have taken reasonable measures to protect the confidentiality of your information and its transmission through the world wide web and we shall not be held liable for disclosure of the confidential information when in accordance with this Privacy Policy or any agreements, if any, between you and us.

You are required to cooperate with us in order to ensure the security of your information, and it is recommended, for example, that in the event you have access to any username and password protected areas of the website, you choose a username and password carefully such that no unauthorized access is made by a third party. You agree not to disclose your username or password to anyone or to attempt to obtain or use the username and password of any other user of this website.

OTHER WEBSITES:

This website may contain links to other third-party websites that are not governed by this Privacy Policy. Although we endeavour to only link to sites with high privacy standards, our Privacy Policy does not apply once you leave this website. Additionally, we are not responsible for the privacy practices employed by any third-party websites to which this website is linked. We suggest that you examine the privacy statements of those linked websites to learn how your information may be collected, used, shared and disclosed by them.

Updating the Privacy Policy

Any changes to our Privacy Policy and information handling practices shall be acknowledged in the Privacy Policy in a timely manner. We may add, modify or remove portions of the Privacy Policy when we feel it is appropriate to do so. You may determine when this policy was last updated by referring to the modification date found at cfccreates.com.

Accessibility

ACCESSIBLE CUSTOMER SERVICE POLICY

INTENT

This policy is intended to meet the requirements of Accessibility Standards for Customer Service, Ontario Regulation 429/07 created under the authority of the Accessibility for Ontarians with Disabilities Act, S.O. 2005, c. 11, and applies to the provision of goods and services to the public or other third parties, not to the goods themselves.

All CFC goods and services shall be provided in a manner consistent with the principles of dignity, independence, integration and equal opportunity.

SCOPE

  1. This policy applies to the provision of goods and services at premises owned and operated by the CFC.
  2. This policy applies to employees, volunteers, agents, consultants and/or contractors who deal with the public or other third parties that act on behalf of the CFC, including when the provision of goods and services is by other businesses or occurs off the premises of the CFC such as in: program delivery, delivery services, call centers, vendors, drivers, catering and third-party marketing agencies.
  3. This policy shall also apply to all persons who participate in the development of the CFC’s policies, practices and procedures governing the provision of goods and services to members of the public or third parties.

DEFINITIONS

Assistive Device – is a technical aid, communication device or other instruments that is used to maintain or improve the functional abilities of people with disabilities. Personal assistive devices are typically devices that customers bring with them such as a wheelchair, walker or a personal oxygen tank that might assist in hearing, seeing, communicating, moving, breathing, remembering and/or reading.

Disability – the term disability as defined by the Accessibility for Ontarians with Disabilities Act, 2005, and the Ontario Human Rights Code, refers to:

  • any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device;
  • a condition of mental impairment or a developmental disability;
  • a learning disability, or dysfunction in one or more of the processes involved in understanding or using symbols or spoken language;
  • a mental disorder; or
  • an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997.

Guide Dog – is a highly-trained working dog that has been trained at one of the facilities listed in Ontario Regulation 58 under the Blind Persons’ Rights Act, to provide mobility, safety and increased independence for people who are blind.

Service Animal – as reflected in Ontario Regulation 429/07, an animal is a service animal for a person with a disability if:

  • it is readily apparent that the animal is used by the person for reasons relating to his or her disability; or
  • if the person provides a letter from a physician or nurse confirming that the person requires the animal for reasons relating to the disability.

Service Dog – as reflected in Health Protection and Promotion Act, Ontario Regulation 562 a dog other than a guide dog for the blind is a service dog if:

  • it is readily apparent to an average person that the dog functions as a service dog for a person with a medical disability;
  • or the person who requires the dog can provide on request a letter from a physician or nurse confirming that the person requires a service dog.

Support Person – as reflected in Ontario Regulation 429/07, a support person means, in relation to a person with a disability, another person who accompanies him or her in order to help with communication, mobility, personal care, medical needs or access to goods and services.

GENERAL PRINCIPLES

In accordance with the Accessibility Standards for Customer Service, Ontario Regulation 429/07, this policy addresses the following:

  1. The Provision of Goods and Services to Persons with Disabilities;
  2. The Use of Assistive Devices
  3. The Use of Guide Dogs, Service Animals and Service Dogs
  4. The Use of Support Persons
  5. Notice of Service Disruptions
  6. Customer Feedback
  7. Training
  8. Notice of Availability and Format of Required Documents

  1. The Provision of Goods and Services to Persons with Disabilities

CFC will make every reasonable effort to ensure that its policies, practices and procedures are consistent with the principles of dignity, independence, integration and equal opportunity by:

  • ensuring that all customers receive the same value and quality;
  • allowing customers with disabilities to do things in their own ways, at their own pace when accessing goods and services as long as this does not present a safety risk;
  • using alternative methods when possible to ensure that customers with disabilities have access to the same services, in the same place and in a similar manner;
  • taking into account individual needs when providing goods and services; and
  • communicating in a manner that takes into account the customer’s disability.

  1. Assistive Devices

Customer’s own assistive device(s):

Persons with disabilities may use their own assistive devices as required when accessing goods or services provided by the CFC.

In cases where the assistive device presents a safety concern or where accessibility might be an issue, other reasonable measures will be used to ensure the access to goods and services. For example, open flames and oxygen tanks cannot be near one another. Therefore, the accommodation of a customer with an oxygen tank may involve ensuring the customer is in a location that would be considered safe for both the customer and business. Or, where elevators are not present and where an individual requires assistive devices for the purposes of mobility, service will be provided in a location that meets the needs of the customer.

The CFC does provide:

  • Barrier-free washrooms in the following buildings; Cottage A/B, The Gatehouse and the Stable.
  • A service elevator in the Main House.

  1. Guide Dogs, Service Animals and Service Dogs

A customer with a disability that is accompanied by a guide dog, service animal or service dog will be allowed access to premises that are open to the public or third parties unless otherwise excluded by law. “No pet” policies do not apply to guide dogs, service animals and/or service dogs.

Food Service Areas:

A customer with a disability that is accompanied by a guide dog or service dog will be allowed access to food service areas that are open to the public or third parties unless otherwise excluded by law.

Other types of service animals are not permitted into food service areas due to the Health Protection and Promotion Act, Ontario Regulation 562 Section 60.

Exclusion Guidelines:

If a guide dog, service animal or service dog is excluded by law (see examples of applicable laws below) the CFC will offer alternative methods to enable the person with a disability to access goods and services, when possible (for example, securing the animal in a safe location and offering the guidance of an employee).

Applicable Laws:

Food Safety and Quality Act, 2001, Ontario Regulation 31/05: Animals not intended for slaughter or to be euthanized are not allowed in any area or room of a meat plant. It also makes an exception for service dogs to allow them in those areas of a meat plant where food is served, sold or offered for sale to customers and in those areas that do not contain animals or animal parts and are not used for the receiving, processing, packaging, labelling, shipping, handling or storing of animals or parts of animals.

The Health Protection and Promotion Act,1990, Ontario Regulation 562, normally does not allow animals in places where food is manufactured, prepared, processed, handled, served, displayed, stored, sold or offered for sale. It does allow guide dogs and service dogs to go into places where food is served, sold or offered for sale. However, other types of service animals are not included in this exception.

Dog Owners’ Liability Act, Ontario: If there is a conflict between a provision of this Act or of a regulation under this or any other Act relating to banned breeds (such as pitbulls) and a provision of a by-law passed by a municipality relating to these breeds, the provision that is more restrictive in relation to controls or bans on these breeds prevails.

Recognizing a Guide Dog, Service Dog and/or Service Animal:

If it is not readily apparent that the animal is being used by the customer for reasons relating to his or her disability, the CFC may request verification from the customer.

Verification may include:

  • a letter from a physician or nurse confirming that the person requires the animal for reasons related to the disability;
  • a valid identification card signed by the Attorney General of Canada; or,
  • a certificate of training from a recognized guide dog or service animal training school.

Care and Control of the Animal:

The customer that is accompanied by a guide dog, service dog and/or service animal is responsible for maintaining care and control of the animal at all times.

Allergies:

If a health and safety concern presents itself for example in the form of a severe allergy to the animal, the CFC will make all reasonable efforts to meet the needs of all individuals.

  1. Support Persons

If a customer with a disability is accompanied by a support person, the CFC will ensure that both persons are allowed to enter the premises together and that the customer is not prevented from having access to the support person.

There may be times where seating and availability prevent the customer and support person from sitting beside each other. In these situations the CFC will make every reasonable attempt to resolve the issue.

In situations where confidential information might be discussed, consent will be obtained from the customer, prior to any conversation where confidential information might be discussed.

Admission Fees:

If payment is required by a support person for admission to the premises, the CFC will ensure that notice is given in advance by posting notice of admission fees for support persons where the CFC fees are posted. We are allowed to charge the support person reduced or regular admission fees.

  1. Notice of Disruptions in Service

Service disruptions may occur due to reasons that may or may not be within the control or knowledge of the CFC. In the event of any temporary disruptions to facilities or services that customers with disabilities rely on to access or use the CFC’s goods or services, reasonable efforts will be made to provide advance notice. In some circumstances such as in the situation of unplanned temporary disruptions, advance notice may not be possible.

Notifications will Include:

In the event that a notification needs to be posted the following information will be included unless it is not readily available or known:

  • goods or services that are disrupted or unavailable
  • reason for the disruption
  • anticipated duration
  • a description of alternative services or options

Notifications Options:

When disruptions occur the CFC will provide notice by one or more of the following methods:

  • posting notices in conspicuous places including at the point of disruption, at the main entrance and the nearest accessible entrance to the service disruption and/or on the CFC’s website;
  • contacting customers with appointments;
  • verbally notifying customers when they are making a reservation or appointment; or
  • by any other method that may be reasonable under the circumstances.

  1. Feedback Process

The CFC shall provide customers with the opportunity to provide feedback on the service provided to customers with disabilities. Information about the feedback process will be readily available to all customers and notice of the process will be made available by request to the Chief Human Resources Officer (contact information below).

Feedback forms along with alternate methods of providing feedback such as verbally (in person or by telephone).

Submitting Feedback:

Customers can submit feedback in person, by email, or by telephone to:

Deborah Fallows

Executive Lead, People and Culture, CFC

416.445.1446 x202

[email protected]

Canadian Film Centre

2489 Bayview Avenue

Toronto, ON M2L 1A8

Customers that provide formal feedback will receive acknowledgement of their feedback, along with any resulting actions based on concerns or complaints that were submitted.

  1. Training

Training will be provided to:

  • all employees, volunteers, agents and/or contractors who deal with the public or other third parties that act on behalf of the CFC.

Training Provisions:

As reflected in Ontario Regulation 429/07, regardless of the format, training will cover the following:

  • A review of the purpose of the Accessibility for Ontarians with Disabilities Act, 2005.
  • A review of the requirements of the Accessibility Standards for Customer Service, Ontario Regulation 429/07.
  • Instructions on how to interact and communicate with people with various types of disabilities.
  • Instructions on how to interact with people with disabilities who:
    • use assistive devices;
    • require the assistance of a guide dog, service dog or other service animal; or
    • require the use of a support person (including the handling of admission fees).
  • Instructions on how to use equipment or devices that are available at our premises or that we provide that may help people with disabilities.
  • Instructions on what to do if a person with a disability is having difficulty accessing your services.
  • The CFC’s policies, procedures and practices pertaining to providing accessible customer service to customers with disabilities.

Training Schedule:

The CFC will provide training as soon as practicable. Training will be provided to new employees, volunteers, agents and/or contractor who deal with the public or act on our behalf during orientation. Revised training will be provided in the event of changes to legislation, procedures and/or practices. Department Directors will assume responsibility for providing this document to all volunteers during the orientation process.

Record of Training:

The CFC will keep a record of training that includes the training dates and the number of employees who attended the training. Human Resources will create and maintain the appropriate form and records.

Notice of Availability and Format of Documents

The CFC shall notify customers that the documents related to the Accessibility Standard for Customer Service are available upon request and in a format that takes into account the customer’s disability. Notification will be given by posting the information in a conspicuous place owned and operated by the CFC, the CFC’s website and/or any other reasonable method.

We will also provide appropriate signage at our events. Directors should notify Operations of the requirements.

ADMINISTRATION

If you have any questions or concerns about this policy or its related procedures, please contact:

Deborah Fallows

Executive Lead, People and Culture, CFC

416.445.1446 x202

[email protected] 

Canadian Film Centre

2489 Bayview Avenue

Toronto, ON M2L 1A8

This policy and its related procedures will be reviewed as required in the event of legislative changes. 


AODA – MULTI-YEAR ACCESSIBILITY PLAN FOR THE INTEGRATED ACCESSIBILITY STANDARDS REGULATION (THE “IASR”)

INTENT

This Multi-Year Accessibility Plan outlines the policies and actions that the Canadian Film Centre (CFC) will put in place to improve opportunities for people with disabilities in accordance with the requirements communicated under the Integrated Accessibility Standards, Ontario Regulation 191/11.

STATEMENT OF COMMITMENT

The CFC is an equal opportunity employer and is committed to providing a barrier-free environment that allows all people to maintain their independence and dignity. The CFC will uphold the requirements set forth under the Accessibility for Ontarians with Disabilities Act (2005) and its associated Regulations and strive to meet the needs of individuals with disabilities in a timely and effective manner.

Our Plan supports all disabilities, including physical impairments, sensory impairments, mental impairments, and the aged.

THE CFC WILL BY JANUARY 1, 2012:

  • Develop and implement a company policy to govern how the organization will achieve accessibility.
  • Welcome Service Animals.
  • Create accessible ways for people to provide feedback.
  • Post on our website our commitment to AODA.
  • Create a written training manual for current employees, new hires and volunteers.
  • Maintain records, including dates and signatures, to verify completed training.
  • Post accessible emergency information to our employees and to the public on our website.

THE CFC WILL BY JANUARY 1, 2014:

  • Create a Multi-Year Accessibility Plan and meet with the Risk Management Committee for ideas and input.
  • Make the new website conform to the World Wide Web Consortium Web Content Accessibility Guidelines (WCAG) 2.0 Level A.

THE CFC WILL BY DECEMBER 31, 2014:

  • File an Accessibility Compliance Report.

THE CFC WILL BY JANUARY 1, 2015:

  • Train staff and volunteers on Ontario’s accessibility laws.
  • Provide a mechanism for people with disabilities to provide feedback.

THE CFC WILL BY JANUARY 1, 2016:

  • Make our public information accessible on our website.
  • Update employment practices to ensure that people with disabilities are accommodated at all stages of the hiring, development, performance management and retention processes.
  • Update the recruitment process and applications across all programs (Media Lab, Features, Television, Music, Acting) and communicate our commitment to accommodating applicants with disabilities.
  • Create a plan to accommodate a return to work for those with disabilities.

THE CFC WILL BY JANUARY 1, 2017:

  • Make redeveloped public spaces accessible as required, including:
  • Recreational trails
  • Outdoor public use eating areas
  • Public outdoor paths of travel
  • Parking lots
  • Fixed waiting lines
  • Waiting areas with fixed seating

THE CFC WILL BY DECEMBER 31, 2017:

  • Meet with all employees on an individual basis to determine personal needs to determine any potential barriers.
  • Inform new and existing employees of the CFC’s policies and, if necessary, provide them with accessible formats and communication supports to do their job effectively.
  • File an Accessibility Compliance Report.

THE CFC WILL BY DECEMBER 31, 2018:

  • Train our key program mentors and solicit feedback to determine needs of residents.
  • Determine what assistive devices or assistance (i.e. APL), within reason, are required and assess the impact on our budget.
  • Determine if the service elevator can be upgraded with a call button.
  • Train all employees on the Human Rights Code where it relates to persons with disabilities.

THE CFC WILL BY December 31, 2022

  • Make all websites and web content conform to (WCAG) 2.02 Level AA.

THE CFC WILL BY DECEMBER 31, 2023:

  • File an Accessibility Compliance Report.

ADDITIONAL COMMITMENTS TO ACCESSIBILITY INCLUDE:

The CFC Risk Management Team will conduct a quarterly review to review potential new barriers. The Executive Lead, People and Culture, will lead this review.

Most of our buildings are barrier-free with various degrees of accessibility:

  1. Northern Dancer Pavilion – barrier-free entrance and washrooms
  2. Cottage A/B – barrier-free entrance and washroom
  3. Stable – barrier-free entrance and washroom
  4. Main House – barrier-free entrance, courtyard and service elevator
  5. Greenhouse – barrier-free entrance and washroom; walkway for partially sighted

RESPECT IN THE WORKPLACE

February 27, 2024

The CFC is committed to eliminating all forms of harassment and discrimination, including systemic racism while building and preserving a safe, productive and healthy working environment based on mutual respect. In pursuit of this goal, the CFC does not condone and will not tolerate acts of violence, discrimination or harassment against or by any CFC employee, resident, mentor, volunteer or service provider. Definitions of “discrimination,” “violence,” and “harassment” are set out in Appendix A at the end of this section. Everyone at the CFC has an active role to play in eliminating systemic racism and other forms of discrimination and harassment while keeping the CFC workplace safe and healthy. All of us at the CFC must make every effort to analyze program activities and business practices to ensure they reflect the strongest possible commitment to equity, diversity and inclusion, to prevent violence, discrimination or harassment, and to intervene immediately if they observe a problem or if a problem is reported to them.

 

Application of this Policy

This Policy applies to all individuals working for the organization and participating in CFC programs and productions. This includes front-line employees, temporary employees, volunteers, residents, mentors, contract service providers, managers, officers and department heads, as well as all CFC job candidates, (collectively “Workers”),  

 

For the purposes of this Policy, incidents of workplace violence, discrimination or harassment can occur:

 

  • At the workplace;
  • At employment or industry-related social functions;
  • In the course of work assignments outside the workplace;
  • During work-related travel;
  • Over the telephone or email, (if the conversation is work-related);
  • Over social media:
  • Elsewhere, if the person is there as a result of work-related responsibilities or a work-related relationship.

 

Policy Implementation Program

The CFC will implement this Policy in compliance with the General Procedures set out in Appendix B and will take the proactive steps necessary to ensure these policies and procedures are established and promoted to CFC Workers. 

 

In implementing this Policy, the Executive Lead, People and Culture or an external investigator determined by the Executive Lead, People and Culture will conduct an investigation appropriate in the circumstance of all reported incidents of workplace violence, discrimination and/or harassment. With respect to reported complaints of discrimination or harassment, the Executive Lead, People and Culture will inform the parties involved of the results of their investigation and discuss any corrective action that has been or will be taken as a result of the investigation. If it is determined that an incident of workplace violence, discrimination or harassment in any form has occurred, appropriate disciplinary measures will be taken as soon as possible. Such disciplinary action may involve counselling, a formal warning, suspension or dismissal.

 

Workplace Violence

If the Worker feels immediately threatened or witnesses an immediate threat to a Worker in the workplace by a co-worker, volunteer, contractor, resident, mentor, vendor, or visitor, an immediate call to “911″ is required. Other non-immediately threatening acts of violence must be reported without delay to any member of the CFC management team, who will forthwith communicate such report to the Executive Lead, People and Culture for investigation. 

 

Informal Complaints of Harassment

If the Worker feels that they have been harassed, they may, in all confidence and without fear of reprisal, advise the harasser personally to stop the harassment at the earliest stage or they may contact Deborah Fallows,  Executive Lead, People and Culture, CFC, at [email protected] or 416.445.1446 x202 or by mobile 416 564 3431.

 

The Worker may choose not to pursue a formal complaint if the matter is then resolved to satisfaction. However, in order for the CFC to identify patterns of harassment, workers are encouraged to report these informal complaints to the Executive Lead, People and Culture. Where the matter is not resolved to the Worker’s satisfaction, the worker must inform the Executive Lead, People and Culture. In general, informal action may be suitable for minor and single incidents of harassment, but not for more serious and repeated acts of harassment.

 

Formal Complaint of Discrimination or Harassment

Any Worker who witnesses discrimination or harassment in the workplace or feels discriminated against, or that they are being or have been harassed can and should, in all confidence and without fear of reprisal, personally report such incidents. An incident of workplace discrimination or harassment must be reported verbally or in writing immediately to their department head, designated programs department contacts, the Executive Lead, People and Culture, or use the alternative option below. In the instance where the direct manager or management team member is the harasser or perceived as biased in favour of the harasser, complaints may be reported to the Co-Vice Chair of the Board of the CFC, Cheryl Hudson, at:  [email protected].

 

A reported complaint should include the following information:

 

  • The approximate date and time of each incident the Worker wishes to report;
  • The name of the person or persons involved in each incident;
  • The name of any person or persons who witnessed each incident;
  • A full description of what occurred in each incident.

 

All reported complaints received verbally by a CFC employee, direct manager or any member of the CFC management team should be formalized in writing and submitted either to the Executive Lead, People and Culture for investigation or where the Executive Lead, People and Culture is under the direct control of the alleged harasser or perceived as biased in favour of the harasser, to the Co-Vice Chair of the Board of the CFC, Cheryl Hudson, at the email address set out above, for an independent investigation.

 

Alternative Option

If a Worker finds it too difficult to identify themselves to file an informal or formal complaint, they may report the incident(s) by contacting a confidential, third-party service that maintains anonymity if desired. The Executive Lead, People and Culture will be notified of complaints related to alleged harassment or other violations of this Policy to determine what further investigation is required.  

Any Worker using this alternative option who elects not to disclose their contact information is encouraged to provide as much detail as possible to the confidential service in order to support the quality of the investigation since follow up with the complainant for more information will not be possible, due to the anonymous nature of this option.

To contact the third-party service, you can call:  SW/HR Consulting at 647-243-4439.

Investigation of Reports of Workplace Violence, Discrimination or Harassment

On receipt of a reported complaint, the Executive Lead, People and Culture, CFC Vice Co-Chair or an independent third party, as applicable, will conduct an objective and thorough investigation.

 

The CFC will ensure, where practicable, that the investigation is completed within ninety (90) days of the complaint being filed or sooner if possible. During the investigation, all Individuals involved, including any witnesses, should not discuss the incident, complaint, or the investigation with each other or with anyone else unless to obtain advice about their rights.

 

Details of the complaint and related investigation, and all related records, shall be considered confidential and will not be disclosed to anyone except as necessary to investigate the incident, take corrective action, protect the safety of other individuals or as otherwise required by law.   All individuals interviewed as part of the investigation shall be reminded of their confidentiality obligations prior to commencing their interview. 

 

The investigation process will include:

 

  • Informing the respondent of the complaint;
  • Interviewing the complainant, any person involved in the incident(s), and any identified witnesses;
  • Interviewing any other person who may have knowledge of the incident(s) related to the complaint or any other similar incident(s);
  • Provide the respondent with the opportunity to respond to the complainant’s allegations;
  • Taking statements from all parties involved, which will be documented and held on file;
  • Reviewing all relevant documents;
  • Documenting the incident(s), its investigation and corrective action taken;
  • Submitting a report of the incident to the Ministry of Labour, where an employee incurs a lost-time injury as a result of violence in the workplace or as otherwise required by applicable law.

 

Reporting Findings of Discrimination or Harassment Investigations

The CFC’s Executive Lead, People and Culture will inform both the complainant and respondent of the findings of the investigation and of any corrective action that has been or will be taken as a result of the investigation within ten (10) working days of completion of an investigation.

 

If it is determined, that discrimination or harassment in any form has occurred in the workplace, appropriate disciplinary measures will be taken as soon as possible. Such disciplinary action may involve counselling, a formal warning, suspension or dismissal. Any disciplinary action will be solely determined by the CFC’s Executive Lead, People and Culture and ED, or the Vice Co-Chair of the Board of the CFC, as appropriate, and will be proportional to the seriousness of the behaviour concerned.

 

Appendix A: Definitions

Workplace Violence

Workplace violence is the exercise, statement or behaviour of physical force by a person against a Worker in a workplace that causes or could cause physical injury to the Worker, such as:

  • Physical acts (e.g., hitting, shoving, pushing, kicking, sexual assault, throwing an object at a Worker, kicking an object the Worker is standing on, such as a ladder, or trying to run down a Worker using a vehicle or equipment such as a forklift);
  • Any threats of physical violence that endanger the health and safety of the employee;
  • Any threat, behaviour or action which can reasonably be interpreted to carry the potential to harm or endanger the safety of others, result in an act of aggression, or destroy or damage property; or
  • Any other disruptive behaviour that is not appropriate to the work environment (e.g., yelling or swearing).

 

Domestic Violence

A person who has a personal relationship with a Worker — such as a spouse or former spouse, current or former intimate partner, or a family member — may physically harm or attempt or threaten to physically harm that Worker at work. In these situations, domestic violence is considered workplace violence.  For additional information, please visit the website below:

https://www.labour.gov.on.ca/english/hs/topics/workplaceviolence.php

 

Workplace Discrimination

Treating, or proposing to treat someone unfavourably because of a personal characteristic protected by law throughout all stages of services, employment from recruitment to dismissal.

 

Forms of discrimination and harassment prohibited by applicable legislation may include:

  • Sex (including pregnancy and breastfeeding)
  • Sexual orientation
  • Gender identity or gender expression
  • Race, colour or ancestry
  • Ethnic origin or place of origin
  • Citizenship
  • Creed, religious or political beliefs
  • Age
  • Record of offences
  • Marital status (including single and civil status)
  • Family status
  • Disability

 

All of our contracted services and employment practices, including hiring, training, promotion, performance assessments, layoffs and counselling, are conducted free of discrimination.

 

Workplace Harassment Defined

  • Engaging in a course of vexatious comment or conduct against a Worker in a workplace that is known or ought reasonably to be known to be unwelcome
  • Workplace sexual harassment, which is defined as:
    1. Engaging in a course of vexatious comment or conduct against a Worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome; or
    2. Making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the Worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome.

 

Personal Harassment (Bullying) and Sexual Harassment

Unsolicited, unwelcome, disrespectful or offensive behaviour, including behaviour that has an underlying sexual, bigoted, ethnic or racial connotation, and can be typified as:

 

Personal Harassment and Bullying

  • Behaviour that is hostile in nature or intends to degrade an individual based on personal attributes, including but not limited to age, race, nationality, disability, family status, religion, gender, sexual orientation, gender identity, gender expression or any other protected ground under human rights legislation;
  • Rude, degrading or offensive remarks, intimidating gestures; rumours, or ridicule that discredit the individual;
  • Use of disrespectful body language, including sneering, staring and glaring;
  • Insults and name-calling;
  • Mocking or mimicking someone;
  • Spreading rumours and gossip;
  • Intrusion on privacy such as spying, snooping or stalking;
  • Refusing to engage in common pleasantries;
  • Giving the silent treatment to an employee;
  • Yelling and screaming or use of offensive language or remarks;
  • Character assassination by making disparaging remarks to others about the competence, performance or other behaviour in order to malign a target’s reputation to get others on side;
  • Following a target or blocking their movement;
  • Undermining the target’s efforts by setting impossible goals or deadlines;
  • Having a different standard for the target;
  • Deliberately withholding information that would help the target do his or her job
  • Making false allegations in memos or other work-related documents;
  • Gaslighting: denying that things were said or done with the intent of making the target doubt their memory about an incident;
  • Isolating a person by denying their presence, silence or distancing them from others;
  • Any actions that create a hostile, intimidating or offensive workplace may include physical, verbal, written, graphic or electronic means.

 

Sexual Harassment

  • Sexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement to the person, where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome;
  • Reprisal or a threat of reprisal for the rejection of a sexual solicitation or advance where the reprisal is made or threatened by a person in a position to confer, grant, or deny a benefit or advancement to the person;
  • Unwelcome remarks, jokes, innuendos, propositions or taunting about a person’s body, attire, sex or sexual orientation, or religion;
  • Bragging about sexual prowess;
  • Offensive jokes or comments of a sexual nature about an employee;
  • Unwelcome language related to gender;
  • Displaying of pornographic or sexist pictures or materials;
  • Leering (suggestive persistent staring);
  • Physical contact, such as touching, patting or pinching, with an underlying sexual connotation;
  • Sexual assault.

 

Racial/Ethnic Harassment

Conduct or comment that causes humiliation to an employee because of their racial or ethnic background, colour, place of birth, citizenship or ancestry. Examples of conduct that may be racial or ethnic harassment include:

  • Unwelcome remarks, jokes or innuendos about a person’s racial or ethnic origin, colour, place of birth, citizenship, or ancestry;
  • Displaying racist or derogatory pictures or other offensive material;
  • Insulting gestures or practical jokes based on racial or ethnic grounds that create awkwardness or embarrassment;
  • Refusing to speak to or work with someone, or treating someone differently, because of their ethnic or racial background;
  • Being subjected to racial name-calling or nicknames;
  • Excessive monitoring or a racialized person’s work;
  • Applying higher levels of discipline when racialized employees engage in misconduct;
  • Being quick to judge communications from racialized employees as rude or insubordinate.

 

Micro-aggressions

Micro-aggressions refer to obvious or subtle, direct or indirect behaviours and comments, which reference an individual’s personal identity, such as race, gender, ethnic origin, religion, disability, or age. Over time, micro-aggressions can have lasting emotional and mental effects on the individual or individuals targeted and can contribute to a toxic and non-inclusive workplace. Examples of micro-aggressions in the workplace can include, but are not limited to:

  • Repeatedly calling a racialized Worker by the name of a different person of the same race;
  • Asking a racialized Worker where they are “really” from;
  • Commenting on a person’s physical appearance in reference to racial characteristics such as skin tone;
  • Scheduling meetings or important deadlines on religious or cultural holidays.

 

For information: https://www.labour.gov.on.ca/english/hs/pubs/fs_wvh_atwork.php

 

Appendix B: General Procedures

Record Keeping

The CFC will ensure that an appropriate record of reported complaints and investigations relating to workplace violence, discrimination and harassment are kept, including:

  • A copy of the complaint or details about the incident;
  • A record of the investigation, including notes;
  • A copy of the investigation report (if any);
  • A summary of the results of the investigation provided to the Worker who allegedly experienced the workplace violence, discrimination or harassment and the alleged respondent if the alleged respondent is a Worker of the employer; and
  • A copy of any corrective action taken to address the complaint or incident of workplace violence, discrimination or harassment.

 

Confidentiality

The CFC will follow established processes and policies to protect the privacy of the individuals involved in the reporting and investigating of incidents of workplace violence, discrimination and harassment. The CFC will ensure that all complainants and respondents are treated fairly and respectfully.

 

All records of reported violent incidents, workplace discrimination incidents or harassment and their subsequent investigations are considered confidential and will not be disclosed to anyone other than the immediate investigative team, the third-party investigator if applicable and, except to the extent required to protect the safety of CFC Workers and by law.

 

Policy Review

As required by the Occupational Health and Safety Act (“OHSA”), the CFC will post the Policy in a conspicuous area in the workplace. The Policy is also posted on our website.

 

The Executive Lead, People and Culture will conduct annual corporation-wide hazard assessments, or, as required, due to changes to job responsibilities or environments. CFC will institute measures to control any identified risks to Worker safety resulting from the assessments. The results of this review will be provided to the Joint Health and Safety Committee or safety representative. Confidential information will not be released to the Joint Health and Safety Committee. 

 

The Executive Lead, People and Culture, together with the ED, will also review annually, in conjunction with a review of the hazard assessment, the effectiveness of any actions taken to minimize or eliminate workplace violence, harassment or discrimination and will make improvements to procedures, as required.

 

The assessment may include a review of records and reports: e.g., security reports, Worker incident reports and perception surveys, health and safety inspection reports, first aid records, or other related records. Research may also include a review of similar workplaces with respect to their history of violence.

 

Managing and Coaching

Counselling, performance appraisal, work assignment, and the implementation of disciplinary actions are not forms of discrimination or harassment, and this Policy does not restrict a manager or manager’s responsibilities in these areas.

 

Fraudulent or Malicious Complaints

This Policy must never be used to bring fraudulent or malicious complaints against CFC Workers. It is important to realize that unfounded or frivolous allegations of discrimination or harassment may cause both the accused person and the CFC significant damage. If it is determined by the CFC that any Worker has knowingly made false statements regarding an allegation of discrimination or personal harassment, immediate disciplinary action will be taken, up to and including dismissal. Workers will not be demoted, dismissed, disciplined or denied a promotion, advancement or employment opportunities because they rejected sexual advances of another Worker or because they lodged a complaint in good faith when they honestly believed they were being discriminated against and/or harassed.

 

History of Violence

The CFC’s Executive Lead, People and Culture will communicate information relating to a person with a history of violence where:

  • Workers may reasonably be expected to come into contact with such person in the performance of their occupational duties;
  • There is a potential risk of workplace violence as a result of interactions with such person.

 

The CFC will only disclose personal information that is deemed reasonably necessary to protect CFC Workers from physical harm.

 

Weapons

Weapons are strictly prohibited from all CFC places of work. If any visitor to the CFC workplace is seen with a weapon (or is known to possess one), or makes a verbal threat or assault against a Worker or another individual, witnesses are required to immediately contact the police, emergency response services, their immediate manager and the Executive Lead, People and Culture.

 

The Right to Refuse Unsafe Work

The right to refuse unsafe work is a legal right of every Worker provided by the OHSA. The CFC is committed to ensuring a safe workplace.

 

Special Circumstances

Should a Worker have a legal court order (e.g., a restraining order or “no-contact” order) against another individual, the Worker is encouraged to notify the Executive Lead, People and Culture and to supply a copy of that order to the Executive Lead, People and Culture. This will be required in instances where the Worker strongly feels that the aggressor may attempt to contact them at the CFC, in direct violation of the court order, so that the CFC may take all reasonable actions to protect the Worker. Such information shall be kept confidential and protected in accordance with all applicable legislation.

 

In cases where criminal proceedings are forthcoming, the CFC will assist police agencies, lawyers, insurance companies and courts to the fullest extent.

 

This Policy is not meant to stop free speech or to interfere with everyday interactions; however, what one person finds inoffensive, others may not. Usually, harassment can be easily distinguished from normal, mutually acceptable socializing. It is important to remember that it is the reasonable perception of the receiver (and not the intention of the alleged harasser) that determines whether the potentially offensive message is acceptable or not, be it spoken, gestural, pictorial or some other form of communication that may be deemed objectionable or unwelcome.

 

Vaccine Policy

Vaccine Policy for In-Person Activities

This Policy sets out the Canadian Film Centre’s workplace policy on worker COVID-19 vaccinations.

Date of enactment: October 4, 2021

Scope

This Policy applies to all CFC workers (including employees, residents, mentors, volunteers and guests) entering any building of the CFC or other CFC venue for in-person activities.

Purpose

The Canadian Film Centre (the “CFC” or the “Company”) has a proactive legal duty to keep workers safe. This includes implementing reasonable protections in the workplace to prevent the spread of the highly infectious COVID-19 virus, including variants of concern.

COVID-19 remains a serious health risk in our community. As we return to work onsite and interact with each other, we must consider all infection control measures at our disposal to protect workers and visitors onsite.

COVID-19 vaccines have been approved by Health Canada and are available to all Canadians twelve years of age and over. According to public health information, COVID-19 vaccines are a safe method of giving individuals added protection against the effects of the COVID-19 virus and its variants and are an additional measure for limiting the risk of contracting and spreading the virus.

We are taking the additional steps set out in this Policy as a result of our legal obligations, federal government recommendations, public health guidelines, and requests from third parties when collaborating in person with our workers and visitors.

In addition to this Policy, all workers engaging in in-person activities with the CFC must follow the CFC COVID-19 Protocols and complete the Declaration Form daily.

The health and safety of all workers remains our top priority. Over time, this Policy may evolve based on the CFC’s legal obligations or new direction from government or public health authorities.

Mandatory Proof of Vaccination

In order to support a healthy and safe workplace and to ensure a healthy and safe environment, the Company requires all workers to provide valid proof of full Covid-19 vaccination (as approved by Health Canada) to Deborah Fallows, the Executive Lead, People and Culture at [email protected], at least 48 business hours before returning to the office or attending in person at any building of the CFC. A person will be considered fully vaccinated 14 days after receiving their completed second dose.

Workers must provide:

  • Documentary proof that the worker has received both required doses of a COVID-19 vaccine approved by Health Canada; or
  • If the worker has received one dose of a two-dose COVID-19 vaccination approved by Health Canada, documentary proof that the first dose was administered and, as soon as reasonably possible thereafter, documentary proof that the second dose was administered.

COVID-19 receipts for vaccines administered in Ontario can be accessed from the Ontario government portal: https://covid-19.ontario.ca/covid-19-vaccine-booking-support#vaccination-receipts

All personal information collected will be stored in a private and secure manner with the Executive Lead, People and Culture, in accordance with the Company’s privacy policies. Vaccination information will not be provided to other organizations.

Special Procedures for Production Volunteers and Guests are noted below.

Exemption from Mandatory Vaccination Policy

The Company will consider requests from workers to be exempted from the mandatory vaccination policy. The grounds eligible for exemption are medical or creed/religion.

To be eligible for exemption, workers must contact Deborah Fallows, Executive Lead, People and Culture, at [email protected] to request a COVID-19 Vaccine Exemption Form, which must be completed and submitted to Deborah Fallows no later than 48 hours in advance.

Human rights-based exemption requests will be considered for accommodation, as per the Ontario Human Rights Code.

Unvaccinated Worker Requirements

Workers who are not fully vaccinated will not be permitted to attend in-person at the workplace unless they are eligible for exemption as outlined above and special arrangements have been made in advance, including additional PPE and other pre-approved safety measures, including vaccine education or COVID-19 testing.

Special Procedures for Production Volunteers and Guests

Generally, production volunteers and guests are onsite for one day. The vaccine dose administration receipt(s) will be requested but not retained by the CFC in any format for volunteers and guests.

All elements of this Policy will apply, including the exemption procedures noted above; however, the process to provide proof of full vaccination has been modified as follows:

Production volunteers and guests must show their government-issued vaccine dose administration receipt(s) to the designated Programs/Production staff upon arrival along with one other piece of government-issued ID.

Non-Programs/Production guests must show their government-issued vaccine dose administration receipt(s) to the CFC Main House Reception upon arrival, along with one other piece of government-issued ID.

Testing

Rapid Antigen testing will be required for everyone involved in production (including production volunteers) and for program workshops where workers need to remove their masks for activities that are not outside and where they cannot distance.

Testing will be required on the day of in-person production activity and may be required up to two times per week. Proof of a negative test must be submitted to the Executive Lead, People and Culture prior to the start of the event.

For additional vaccine information: https://covid-19.ontario.ca/proof-covid-19-vaccination