PROCEDURES
N.C.C. #5
Final Copy January 17th, 2013
INDEX
Part 1 – Corporation Office
Section
- Building
- Personnel Policies
Part 2 – Board of Directors
- General
- Recording of Minutes/ Procedures
- Board President
Part 3 – Expense Policy
- General
Part 4 – Finance Policies
- Accounts Receivable
- Banking
- Budget
- Financial
- Procurement Policy
- Investment Policy Statement
13. Owners Fees and Late Payment Process
14. Guidelines for Reserve Funds
Part 5 – Owners Meeting
15. General Meetings Of The Owners
16.Annual General Meetings (As per the Condominium Act)
Part 6 – Election Policies
- Official Notice
Part 7 – Workplace Harassment & Violence Prevention Policy
- Statement of Policy
- Definition
- Application
- Workplace Prevention Program
- Workplace Discrimination & Harassment Prevention Policy
- Prohibited Discrimination & Harassment
- Application
- Investigation
Part 8 – Privacy Policy
- How and When N.C.C. #5 Collects Personal Information
- Consent for Collection of Personal Information
- Use of Personal Information by N.C.C. #5
- Disclosure of Personal Information by N.C.C. #5
- Retention of Personal Information by N.C.C. #5
- Websites Operated by Third Parties
- Safeguarding Personal Information
- Accessing Personal Information
- How to File a Complaint
- Comments and Questions
Part 9 – Parking Policy
- General
Part 10 – Condolences
- General
Part 11 – Complaints
- General
Part 12 – Smoke & Carbon Monoxide Detectors
- General
Part 13 – Information Security Policy
- N.C.C. #5 Property
- Identification & Authentication
- Use of N.C.C. #5 Computers
- Access to N.C.C. #5 Information or Computers
- Internet Communications
- Physical Security
- Exception of Policy
Part 1 - CORPORATION OFFICE
Section 1 – Building
1.01The office hours are from 10:00 am to 5:00 pm Monday to Thursday and 10:00am to 1:30pm on Fridays. On occasion, when necessary, the office may be closed.
1.02The office is closed on all legal and statutory holidays.
1.03Owners/ Tenants wishing to rent the Recreation room will complete a rental agreement including damage liability, which must be signed by the owner and/ or the tenant before the renting of the Recreation room. They will also be required to submit a $250.00 refundable damage deposit. A copy of the owner’s current certificate of insurance evidencing that the owner has liability coverage of not less than two million dollars ($2,000,000.00) and evidencing that the owner is the insured party must be provided.
1.04Rentals will be limited to the exclusive use of the owners/ tenants and for personal use only.
1.05The owner or tenant renting the recreation room must be in attendance at the event at all times.
Rental Agreement Attached
Section 2 – Personnel Policies
2.01 Managements normal hours of employment are from 9:00 am to 5:00 pm Monday to Thursday and 9:00 am to 1:30 pm on Fridays.
2.02 Monday through to Thursday the dress attire is business casual (no jeans). Fridays are casual Fridays (jeans are permitted).
Part 2 - BOARD OF DIRECTORS
Section 3 – General
3.01Directors will be expected to execute a Confidentiality/Conflict of Interest Agreement in a form as approved by the Board of Directors from time to time.
3.02It shall be determined at the first meeting of the year the schedule for Directors’ Meetings, time and dates for the balance of the year, to be reviewed as required.
3.03Directors may be provided keys and security passwords to the Corporation office.
Section 4 – Recording of Minutes/Procedures
4.01Only motions and/or the agreements of the Board on a topic which indicates an action should, or will occur, or be taken, shall be recorded and minutes shall be approved by the Board of Directors.
4.02No commentary or discussion is normally recorded in the minutes. Information supplied by staff will be recorded only when it is necessary to further explain a decision.
4.03To all Board of Directors in advance of next meeting;
4.04Minutes of all Meetings to be published to the Owners within seven (7) business days.
4.05Distribution of information by the staff is limited to information approved by the Board of Directors and as allowed per the Condominium Act.
4.06Financial Statements to be prepared and delivered to the Board of Directors one week in advance of any regular scheduled Board meeting.
Section 5 – Board President
5.01Presides at meetings of the Corporation, including Owners Meetings and Annual General Meeting.
5.02Promotes and executes the policies adopted by the Board of Directors.
5.03Promotes interest and active participation of all owners and reports activities of the Corporation to owners.
5.04Acts as official spokesperson for the Corporation to the press, the public, legislative bodies, related organizations and owners and shall always represent solely the views of the Corporation.
5.05Attends meetings for the benefit of the Owners.
5.06Acts as official host of all social events.
Part 3 - EXPENSE POLICY
Section 6 – General
6.01For any approved events or expenses, Directors will be able to submit receipts for
reimbursement.
6.02Any claim for expense reimbursement not submitted within thirty days of the
conclusion of the event shall not be paid.
Part 4 - FINANCE POLICIES
Section 7 – Accounts Receivable
7.01 The following methods of payment are available to Unit Owners by:
Cheque, Money Order or Pre-Authorized Payment (no cash)
Section 8 – Banking
8.01N.C.C. #5 will deal only with a Chartered Bank.
8.02A director and a representative of Property Management must sign all cheques.
Section 9 – Budget
9.01 The Property Management Company will prepare and present a draft annual budget for approval by the Board of Directors sixty (60) days before the end of the fiscal year.
Section 10 – Financial
10.01 The Board of Directors will review the Financial Statements on a monthly basis.
Section 11 – Procurement Policy
11.01a) All purchases under $ 5000 will be competitive pricing.
b) All items over $5000 but under $ 25000 will be competitive pricing with at least 3 quotes.
c) All items over $25000 will be by formal tender seeking a minimum of 3 bids
d) A brief review of all contractors under signed agreement with N.C.C. #5 which are longer than one (1) year in length will be reviewed on an annual basis should the Board have a new official(s) appointed to the Board of Directors.
Section 12 – Investment Policy Statement
12.01 N.C.C. #5 shall invest in accordance with the Condo Act:
a)The Board of Directors will make decisions regarding the investment of funds with consultation from a Financial Firm.
b)Reserve funds should be invested to obtain the highest possible return by using a mix of low-risk investment instruments, which do not put at risk the principal amount of the investment. Low-risk shall be defined to include: Federal or Provincial government bonds, Government-backed debt instruments Crown Corporation bonds, Treasury Bills, Guaranteed Investment Certificates from chartered banks not in excess of $100k.
c)Flexible investment plan to meet cash flow requirements, with portfolio holdings having staggered maturity dates.
d)The Board of Directors shall conduct an annual review of the investment portfolio.
Section 13 – Owners Fees and Late Payment Process
13.01Collection and Lien Process:
a) If the unit owner fails to make payment to the Corporation within the 30 days, then they will be notifiedby the Corporation that a pre-lien notice will be sent.
b) The cost for a pre-lien notice is set from time to time, this will be applied to unit owners common expenses.
c) If the unit owner does not pay the full amount owing, administrative charges and pre-lien noticecost within a ten day period in full the Corporation will have no other alternative then to lien the unit.
d) The cost of a lien is set from time to time, and includes registration of the lien/ sub-search/ and discharge of lien.
e) Upon full payment of all charges related for collection being received, the lien will be discharged.
e)If full payment is not received the Corporation will continue to Power of Sale processes.
Section 14 – Guidelines for Reserve Funds
14.01Request for Use of Funds as per the Condominium Act:
Section 93
(1)Reserve Fund – The Corporation shall establish and maintain one or more reserve funds.
(2)Purpose of Fund – A reserve fund shall be used solely for the purpose of major repair and replacement of the common elements and assets of the corporation.
(3)Designation not required – A fund set up for the purpose mentioned in subsection (2) shall be deemed to be a reserve fund even though it may not be so designated.
(4)Contributions to Fund – The Corporation shall collect contributions to the reserve fund from the owners, as part of their contributions to the common expenses.
Section 95
(1)Use of Reserve Fund – No part of a reserve fund shall be used except for the purpose mentioned in subsection 93 (2) above.
(2)Board’s Use – The Board does not require the consent of the owners to make an expenditure out of the reserve fund.
The Board of Directors must approve any and all uses of the reserve fund.
Part 5 – OWNERS MEETINGS
Section 15 – General Meetings Of The Owners.
15.01 Owners meetings shall be at place and time determine by the Board of
Directors as per the By-Laws.
15.02Requisition for meeting – A requisition for a meeting of owners may be made by those owners who at the time the board receives the requisition, own at least 15 per cent of the units, are listed in the record maintained by the Corporation under the subsection 47(2) of the Act and are entitled to vote.
15.03No audio or audiovisual equipment will be permitted in any N.C.C. #5 sanctioned meeting without prior approval of the Board of Directors.
Section 16 – Annual General Meetings (As per The Condominium Act)
16.01Annual General Meeting:
a)Annual General Meeting to be held within 6 months of the Condominium Corporation fiscal year end.
b)Method of voting – On show of hands or on a recorded vote, votes may be cast either personally or by proxy; Personally means by filling out a ballot at the meeting, or by Proxy which means a proxy need not be an owner.
c)Deadline for nominations is 21 days prior to the meeting.
d)Candidates, who wish to be included on the proxy, must submit their intention to run for election 21 days prior to the meeting to the Corporation in writing.
e)An owner cannot be a director if a certificate of lien has been registered and not cleared within 90 days of registration.
f)At least one position on the Board must be reserved is at least 15% of the units are owner occupied.
g)Notice of Meeting must be delivered to all registered unit owners 17 days prior to the meeting. May be delivered personally, prepaid mail, by electronic means (fax/email) if agreed to by owner OR owner’s mail box (unless owner has provided a written request not to or address for service is different in corporation records).
h)Notice of Meeting package is to include the following;
1)List of all candidates who have indicated their intention to run
2)Proxy forms
3)Agenda with notice of meeting and detail business to be dealt with
4)Copies of any proposed changes to by-laws, rules and/or agreements.
5)Copies of the approved financial statements, auditors’ report and any other financial information the by-laws require.
i)Proxies may be destroyed 90 days after the meeting unless there is a dispute registered prior to the 90 days.
Part 6 - ELECTION POLICIES
Section 17 – Official Notice
17.01 Eligible voters shall receive on or before the Election Date, the following:
a) Notification of the Voting Period during which they will be able to cast their vote;
b) If any election procedures and instructions;
c) Information on candidates running for election as Directors;
d) Contact information for any questions or issues should be directed to the Management office.
Part 7 - WORKPLACE HARASSMENT &
VIOLENCE PREVENTION POLICY
Section 18 – Statement of Policy
18.01 N.C.C. #5 is comprised of 180 dwelling units and is located at 1651 – 1669 Nash Road, Courtice, Ontario N.C.C. #5 is committed to the prevention of workplace violence and is responsible for the health and safety of all workers within its facilities.
18.02 This includes the health and safety of the Corporation’s employees and the employees of the companies that provide service to the Corporation. N.C.C. #5 will take whatever steps are reasonable to protect its workers from workplace violence from all sources.
Section 19 – Definition
19.01Workplace violence is defined to be:
a)The exercise of physical force by a person against a worker, in a workplace that causes or could cause physical injury to the worker.
b)An attempt to exercise physical force against a worker, in a workplace that could cause physical injury to the worker or
c)A statement of behaviour that is reasonable for a worker to interpret as a threat to exercise physical force against the employee, in a workplace, that could cause physical injury to the worker.
Section 20 – Application
20.01 Violent behaviour in the workplace is unacceptable from anyone. This policy applies to all persons who may be in any workplace at N.C.C. #5. This includes the Corporations employees, employees of other companies that provide services to the Corporation, visitors, guests, current and prospective unit owners and residents. A workplace of the Corporation is defined as any place at which the workers of the Corporation, including the units, common elements and any of the shared facilities. Everyone in the workplace must be dedicated to preventing workplace violence. The management team, board members of self managed corporations, supervisors and other workers are expected to uphold these policies and will be held accountable to the Corporation for failing to do so.
Section 21 – Workplace Prevention Program
21.01 N.C.C. #5 has developed a Workplace Violence Prevention Program that implements this Workplace Violence Prevention Policy. It includes;
a)An assessment of the risk of workplace violence
b)Measures and procedures to protect workers from workplace violence
c)A means of summoning immediate assistance in the event of a violent or potentially violent incident
d)A process for workers to report incidents or raise concerns of workplace violence
e)A process for investigating incidents of workplace violence.
f)Periodic reassessment of N.C.C. #5’s Workplace Violence Prevention Policy and Workplace Violence Prevention Program.
N.C.C. #5 will ensure that this Workplace Violence Prevention Policy and the Workplace Violence Prevention Program are implemented and maintained and that all workers and supervisors have the appropriate information and instructions to protect themselves and their co-workers from violence in the workplace.
21.02All workers will adhere to this Workplace Violence Prevention Policy and the Workplace Violence Prevention Program. The management team, board members and supervisors if any, are responsible for ensuring that the measures and procedures set out are followed by workers and that workers have the information they need to protect themselves and their co-workers from workplace violence.
21.03Every worker must work in compliance with the Workplace Violence Prevention Policy and the supporting Workplace Violence Prevention Program. All workers are encouraged to raise any concerns about workplace violence and are requires to report any incident or threats of violence.
Section 22 – Workplace Discrimination & Harassment Prevention Policy
22.01 N.C.C. #5 recognizes the dignity and worth of all persons and to that end believes in providing and maintaining a work environment in which all employees of N.C.C. #5 and employees of companies providing services to N.C.C. #5, owners, residents, guests and visitors are free from workplace harassment.
Section 23 – Prohibited Discrimination & Harassment
23.01 The Human Rights Code provides that every person has the right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status or disability.
23.02 The Human Rights Code provides that every person who is an employee has a right to be free of harassment in the workplace because of sex by his or her employer or an agent of the employer or by another employee. The Human Rights Code also provides that every person has the right to be free from a sexual solicitation or advance made by a person in a position to grant or deny a benefit or advancement to the person where the person making the solicitation or advance knows or reasonably knows that the solicitation or advance is unwelcome. The Human Rights Code provides that every person has a right to be free from any reprisal or threat of reprisal for the rejection of any sexual solicitation or advance.
23.03 The Occupational Health and Safety Act prohibits any form of workplace harassment.
23.04 Harassment means engaging in a course of vexatious comment or conduct that is known or ought to be reasonably known to be unwelcome. It includes unwelcome, unwanted, offence or objectionable conduct that may have the effect of:
a)Creating an intimidating, hostile or offensive work environment
b)Interfering with an individual’s work performance
c)Adversely affecting an individual’s employment relationship and
d)Denying an individual dignity and respect
23.05 Harassment may result from one incident or a series of incidents. Examples of harassment which may constitute workplace harassment may include but are not limited to;
1)Humiliating an employee of the Corporation or another employer’s worker, in front of co-workers, owners, residents, visitors, guest or another employer’s workers.
2)The making of any work related decision (including hiring, promotion, compensation, work assignments, evaluations, training or job security) on the basis of any of the prohibited grounds rather than on basis of merit.
3)Jokes or comments which draw attention to a person’s age, disability, ethnic racial or religious background or affiliation or which draws attention to a person’s gender of sexual orientation with the effect of undermining such a person’s role in a professional or business environment or by their nature are known or ought to be known to be embarrassing or offensive.
4)Derogatory remarks, verbal abuse or threats directed towards members of one gender or regarding the sexual orientation of an individual or individuals with respect to the ethnic, racial or religious background or affiliation of an individual group.
5)Comments which are intended to promote stereotyping of a person or persons of any of the prohibited grounds.
6)Bullying.
23.06 “Sexual Harassment” is any unsolicited conduct, comment or physical contact of a sexual nature that is unwelcomed by the recipient. It includes but is not limited to;
1)Any unwelcome sexual advances (oral, written or physical)
2)Requests for sexual favours
3)Unwelcome sexual or gender related comments, innuendoes, remarks, jokes or taunts
4)Unnecessary physical contact such as patting, touching, pinching or hitting
5)Displays of sexually degrading, offensive or derogatory material such as graffiti or pictures
6)Physical or sexual assault
7)Propositions of physical intimacy
8)Bragging about sexual prowess
9)Leering or inappropriate staring
10)Inquiries or comments about a person’s sex life or sexual behaviour
11)Sexual jokes or stories causing embarrassment or offense that are told or carried out after the person telling the story or joke has been advised that they are being embarrassing or offensive.