This policy outlines the collection, use and disclosure of employee information when a person applies for work, during their employment and after they leave Canadian Utility Construction (“CUC”).
The terms of this policy are consistent with the requirements of the Personal Information Protection Act of British Columbia and are in conjunction with other Federal and Provincial legislation. This policy may be revised by Canadian Utility Construction from time to time.
This policy is applicable to all employees and directors of the board, of CUC and OCLC. (Reference to CUC or Canadian Utility Construction implicitly includes OCLC).
Personal and employment information is collected, used and disclosed for two main purposes:
- To administer the employment relationship and
- To comply with government laws, regulations and legal obligations.
- A. To Administer Employment
Canadian Utility Construction collects information about its employees to manage their work life while employed at Canadian Utility Construction. It is also required to retain this same information on employees for a period of time after an employee leaves the company in order to fulfil continuing legal and business requirements. Information collected to administer employment generally falls into the following areas:
- i. Basic Records
Basic employee information is required to administer an employee’s work life at Canadian Utility Construction. It is used to ensure correct pay, benefit eligibility and contact with the employee. This information is collected during the application, screening, offer of employment and employment stages. The type of information that Canadian Utility Construction may collect at the time of application is:
- Full names, phone numbers, current address, past address, length of stay at addresses, education, position applied for, status of position, date available to work, locations desired to work at, industry licences or certificates, drivers abstract information, availability, employment history, specific skills, whether legally entitled to work in Canada, whether the employee has worked at Canadian Utility Construction in the past, reference information, date of application, applicants signature, interviewer comments, authorization to conduct references, references answers, assessment results.
When a candidate is offered a job at Canadian Utility Construction, additional information is recorded which may include information such as but not limited to:
- Birth date, Social Insurance Number, charges or convictions of any offence under the criminal code of Canada, whether any charge or conviction was related to theft, fraud or robbery, emergency contact information, language, starting date, location, department, position title, status, salary and wage history, bank account information for pay, union related information, employee number, emergency contact information.
- ii. Performance
Information collected, used and disclosed regarding performance is used to determine wage and position eligibility, career planning, training, discipline, termination and promotion planning. This record includes:
Performance appraisals, warning records, records of conversations, test and assessment results, absenteeism records, investigations, statements, training and other specific information that is relevant to performance (e.g. personal issues such as birth of a child, death of a relative, doctors notes, etc).
- iii. Benefits
In addition to the information captured during the application and offer of employment stages, further details may be required to manage, maintain and pay benefits. This information is also shared with benefits providers such as CLAC, insurance companies, investment firms (for RRSP), benefit administrators, third party claims management organizations (eg; TeksMed), provincial governments and federal governments. This additional information may include:
Beneficiaries, beneficiary relationship, health plan numbers, spousal participation in other benefit plans, employees’ former names (e.g. in case of name changes and marriage), date of marriage, information on over age dependants (name of education institution or ability level of dependant), citizenship status, diagnosis of illness, names of doctors, other treating practitioner’s names, treatment plans, medication recommendations, third party liability (e.g. ICBC, private insurer), return to work plans, WCB reporting requirements (injuries, first aid treatment, weight, height, employee and management observations),vacation eligibility and history, bonus day eligibility.
- iv. Health & Emergency
In the case of an emergency (employee accident, police request), any of the above information collected may be disclosed to emergency authorities where consent cannot be reasonably obtained, or the delay in obtaining consent may jeopardize your health or the health and safety of others. The information collected by Canadian Utility Construction may periodically vary from what is outlined above if reasonably necessary to comply with legal obligations or in order to manage the employment relationship.
- B. To Comply with Government Law and Regulation & Legal Compliance.
Information is also collected, used, and disclosed as required by various government laws and regulations. Canadian Utility Construction is required, by law, to comply with these agencies, and when requests are made for personal or employment information. Government information requirements cover much of the information above and are shared with agencies such as Human Resources Development Canada (HRDC), Employment Insurance (E.I.), Statistics Canada, provincial health plans, Canada Customs and Revenue Agency, Provincial authorities responsible for administering government benefits, Provincial Workers Compensation plans and authorities when conducting investigations.
Canadian Utility Construction may also disclose information when required to do so as part of a legal process or proceeding (e.g. garnishments to pay). Canadian Utility Construction may require in these cases either a consent authorization form from employees, a subpoena for information or a court order.
Retention of Information
All information listed in this policy is kept for the duration of the employment relationship with Canadian Utility Construction. This forms the historical record of the employment relationship.
When an employee leaves the company, the company may retain all employment information and records for as long as necessary to fulfill the purposes for which it was collected and as required or otherwise permitted by law. Personal and employment data may be kept longer if an employee has taken legal action against the company or those records are still required for legal or business reasons. In these cases, information will be kept until the legal processes are exhausted or the reason is no longer applicable.
Accuracy of Personal Information
Canadian Utility Construction makes every effort to ensure the information it collects, uses and discloses is as accurate as possible. However, ensuring accurate data and history is everyone’s responsibility.
- A. Management’s responsibility
Management is responsible to correct or update information as it comes to its attention or to direct the employee to correct and update the information. Management must make reasonable efforts to ensure that any record of employee information collected or maintained by Canadian Utility Construction is included in the employee’s “File of Record – FOR” which resides at the corporate office.
Management must ensure that only the minimum of information is kept on the employee at the unit level (away from the Corporate office). This information should be primarily contact information and information needed to manage performance.
Management must ensure that all employee information is kept physically secure at all times.
- B. Employee responsibility
Employees have a responsibility to ensure that Canadian Utility Construction has a current, accurate record of the required personal or employment information, as listed in this policy. All employees must take privacy of personal or employment information seriously and should not share his or her own personal information or that of any other person with other employees or third parties, except where necessary to fulfil job functions or where otherwise appropriate in the circumstances. Failure by an employee to meet obligations under this policy may result in disciplinary action, which may include termination for cause.
Consent to the Collection, Use and Disclosure of Information
- A. Deemed/ Implied Consent
By providing notice (through this policy or otherwise) of what employment information Canadian Utility Construction requires and how it will be collected, used or disclosed, in most cases express consent to that collection, use and disclosure will not be required or obtained. Canadian Utility Construction limits the use of employment information for the purposes described in this policy, or where it is very obvious why the information is required (e.g. past work history is asked for to complete reference checks).
Should a circumstance occur that Canadian Utility Construction will use information for the purpose not described in this policy, or a circumstance that is not reasonably expected by the employee, Canadian Utility Construction will obtain express consent from the employee. This consent will generally be requested in writing.
- B. Withdrawal of Consent
Employees may withdraw consent to the collection, use or disclosure of their information at any time unless it would frustrate a legal obligation. Withdraw of consent of any information is done in writing by the employee. Canadian Utility Construction will inform the employee in writing of the likely consequences before the request is agreed to. In certain cases, Canadian Utility Construction may not be able to comply with a request to withdraw consent, for example, if the information is needed to maintain the terms of employment between Canadian Utility Construction and an employee.
Canadian Utility Construction limits access to the personal and/ or employment information of employees to those people who need the information to manage the employee’s ‘work life’ at Canadian Utility Construction. Information should only be shared on a “need to know” basis.
- A. Notice of Disclosure
If a circumstance arises where disclosure of personal or employment information is required outside of normal circumstances, as described in this policy, the company will notify the employee of the disclosure. Reasonable notice will be provided.
Please note: Disclosure of personal and employment information for the purpose of an investigation does not require the company to notify employees of disclosure.
Accessing and Correcting Information
Information can be both accessed and corrected. Procedures are referenced in the PIPA Procedures Document (to be developed).
Care of Information
Canadian Utility Construction takes a number of steps to ensure the security and privacy of employee information. The file of record (FOR) of employees resides at the corporate office. Hard copy information is kept in a secure location which may be accessed only by staff and/or management who have approved access and a valid need to access the information requested. Electronic information is kept in files, and are physically secured within Information Technology, as well as secured with passwords. Third party companies who assist Canadian Utility Construction in managing employees (e.g. Insurance companies, provincial WCB offices, etc.) are also required to keep employee information private and secure.
Providing Work Related References
No reference information will be given to other employers unless Canadian Utility Construction has express written permission to do so from the former employee.
Please note: For Employment Insurance (E.I.) or other government programs, Canadian Utility Construction may be required to disclose personal and employment information. Express written permission is not required.
Concerns with the Company’s collection, use or disclosure of personal or employment information, may contact in writing, the Privacy Officer.
Who To Contact at CUC/OCLC
Attn: Jodie Gagola
Chief Financial Officer, Canadian Utility Construction
18750 96th Avenue
Surrey BC V4N 3P9 Canada
By telephone: 604-576-9358
- Personal Information Protection Act (www.oic.gov.bc.ca)
- A Guide for Businesses and Organizations to British Columbia’s Personal Information Protection Act (www.oic.gov.bc.ca)
- PIPA Procedures
- Request to Release Information