Supplier Code of Conduct

1. Introduction

Kwantlen Polytechnic University (KPU) is committed to ethical sourcing practices that are both legally compliant and socially responsible. The University expects its suppliers to adhere to equivalent standards.
The KPU Supplier Code of Conduct (the “Code”) outlines the expectations and obligations for suppliers and their subcontractors who respond to bid solicitations and who provide goods and services to KPU.

2. Purpose

KPU has the responsibility to conduct procurement activities openly, fairly and transparently to maintain the trust of suppliers and the Canadian public. In Canada, fairness, openness, and transparency in procurement-related activities are assured through compliance with various acts, regulations, policies, international instruments adopted by Canada, Canada's international and domestic trade agreements, and labour cooperation agreements, including the Fighting Against Forced Labour and Child Labour in Supply Chains Act (Canada).

KPU is committed to upholding international human and labour rights, including fundamental principles and rights at work covered by the International Labour Organization (ILO) 8 fundamental conventions and the United Nations Universal Declaration of Human Rights, the United Nations Guiding Principles on Business and Human Rights, and the Organization for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises.

The Code is a statement of expectations and obligations for suppliers and their subcontractors.

KPU requires its suppliers and their subcontractors to operate lawfully and expects them to conduct their activities in a socially and environmentally responsible manner by, at a minimum, meeting the expectations and obligations outlined in the Code.

3. Definitions

See Appendix A: Glossary of terms

4. Application

The Code applies to all suppliers and their subcontractors who respond to bid solicitations and who provide goods and services to KPU. In fulfilling the terms of their Contracts, suppliers and their subcontractors are required to comply with all Applicable laws and regulations.

Suppliers or subcontractors are required to promptly notify their contracting authority if they become aware of any potential non-compliance with the Code. KPU will collaborate with suppliers to address any potential non-compliance with the Code and ensure expectations are clearly understood to resolve any issues. If suppliers or their subcontractors are unable or unwilling to comply with the Code, KPU reserves the right to take appropriate actions including but not limited to seeking more information, deeming a bid non-responsive, terminating the contract for default, setting aside the standing offer, suspending or cancelling the supply arrangement.

KPU expects suppliers to share the expectations set forth in the Code with their subcontractors.

5. Ethics and Professionalism

Suppliers must respond to bid solicitations, requests for standing offers, and requests for supply arrangements in an honest, fair, and comprehensive manner that accurately reflects their capacity to satisfy the requirements stipulated in the bid/offer/arrangement or contract documents. Suppliers may submit bids/offers/arrangements and enter into contracts only if they are able to fulfil all stipulated obligations. Furthermore, suppliers and their subcontractors have a duty of good faith and honest performance before and during the procurement process

6. Conflict of Interest

By submitting a bid/offer/arrangement, suppliers warrant that no real, apparent or perceived conflict of interest exists or is likely to arise in the performance of the contract. If suppliers become aware of any matter that causes or may cause a conflict of interest, they must immediately disclose the matter to the contracting authority in writing.

7. Environmental Protection

Suppliers and their subcontractors have a key role to play in advancing KPU’s environmental objectives by providing goods and services that have a lesser or reduced impact on the environment. Key environmental considerations include reduction of greenhouse gas emissions, improved energy efficiency, use of renewable resources, waste reduction, reduction of plastics and packaging, and reduction of hazardous waste.

In addition to being aware of Canada’s international environmental and climate commitments, such as the United Nations Framework Convention on Climate Change and the Paris Agreement, suppliers and their subcontractors are expected to obey land use agreements, including, without limitation, those preserving wild spaces and indigenous use.

8. Abuse and Harassment

Suppliers and their subcontractors will ensure that all their interactions with their workers uphold the principles of dignity and respect. Physical, sexual, verbal harassment and/or violence, bullying, teasing or other aggressive behaviour are strictly prohibited. Suppliers and their subcontractors are expected to foster and encourage a positive, harmonious, and professional work environment in their interactions with their workers. These principles apply equally to interactions with the KPU Community.

9. Human Rights and Labour Standards

KPU expects suppliers to guarantee workers’ labour and human rights in their main operations and their supply chains, including:

• 9.1 Terms of Employment

  Suppliers and their subcontractors are expected to provide workers with a written employment contract outlining the terms of employment, in a language understood by the employee.

• 9.2 Wages and Benefits

  Suppliers and their subcontractors must pay at least the legal minimum and overtime wages for hours worked, and wages must be paid directly to the worker or to a worker-controlled account. In addition, workers must not be charged any recruitment fees or related costs.

• 9.3 Regular Working Hours and Overtime Hours

  If overtime is necessary, suppliers and their subcontractors must inform workers of such employment precondition prior to the time of hire, in advance of the overtime shift, and they must ensure workers are given the option to refuse to work overtime without punishment, penalty or disciplinary action.

• 9.4 Health and Safety

  Suppliers and their sub-contractors must ensure a safe and healthy environment for their workers. This will include such things as ensuring that the work they do will be in compliance with local, provincial and federal health and safety regulations, providing ongoing health and safety training for all their worker to ensure they understand how to perform their jobs safely, providing the proper equipment and establishing clear procedures for incident reporting.

• 9.5 Discrimination

  Suppliers and their subcontractors must not engage in discriminatory hiring and employment practices based on race, nationality or ethnicity, colour, religion, age, sex (including maternity, pregnancy and the possibility of pregnancy), sexual orientation, gender (including gender identity or expression), marital status, genetic characteristics, disability, language, or conviction of any offence for which a record suspension (pardon) has been granted.

• 9.6 Freedom of Association and Collective Bargaining

  If applicable, suppliers and their subcontractors are expected to grant their workers the right to join or form trade unions of their own choosing and to bargain collectively with their employer.

• 9.7 Grievance Mechanism

  Suppliers and their subcontractors are expected to provide an anonymous and confidential method for all workers to raise concerns to senior management without fear of retaliation.

10. Indigenous Rights

Suppliers and their subcontractors will respect the rights and freedoms of Indigenous Peoples. If engaging in activities that may infringe upon Indigenous or treaty rights, suppliers and their subcontractors are expected to share this information to conduct consultations with the affected Indigenous group and the Government of Canada, as early in the planning stages as possible. This will help to ensure open and authentic engagement with Indigenous Peoples and to safeguard constitutionally protected rights.

11. Human Trafficking, Forced Labour and Child Labour

The Government of Canada is committed to upholding the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. KPU expects its suppliers and their subcontractors to respect their workers’ workplace rights and take steps to mitigate human trafficking risks and monitor compliance of labour and human rights in their supply chain. 

• 11.1 Human Trafficking

  All suppliers’ workers will work voluntarily and not be subjected to any form of exploitation, such as human trafficking for the purpose of forced labour or sexual exploitation. Suppliers and their subcontractors will not engage in any form of human trafficking activities.

• 11.2 Forced Labour

  Suppliers and their subcontractors will comply with Canada’s prohibition on the importation of goods produced, in whole or in part, by forced or compulsory labour. This includes forced or compulsory child labour and applies to all goods, regardless of their country of origin.

• 11.3 Child Labour

  All workers must be of at least the legal minimum age based on the applicable laws and regulations. Workers under the age of 18 must not perform hazardous work that may jeopardize their health or safety. Hazardous work includes work which exposes children to physical, psychological or sexual abuse; work underground, under water, at dangerous heights or in confined spaces; work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; work which may expose children to an unhealthy environment; work under difficult conditions, including long hours of work or work where the child is unreasonably confined to the premises of the employer.

12. Compliance and Implementation

KPU expects all its suppliers to adhere to the Code and actively strive to meet KPU standards. KPU believes in cooperation and is willing to work with its suppliers to improve compliance where necessary.

KPU may require that suppliers provide details on factory and production facility locations of suppliers and subcontractors and may make this information publicly available (i.e. annual reports, website postings, etc.).

KPU reserves the right to ask for proof of compliance with all applicable labour, health, safety, and environmental laws, and may inspect working conditions, at any time (or request independent verification of compliance). Suppliers must maintain current and sufficiently detailed records to substantiate their compliance with the Code and KPU may ask that they are independently verified at the supplier’s expense.

Appendix A: Glossary of terms