Vital Society is committed to creating and maintaining a respectful environment and culture that ensures that individual rights are recognized and supported. Vital Society recognizes that individuals with developmental disabilities have the same rights and responsibilities as any other person in Canada. The employees of Vital Society respect the rights and feelings of the people we serve and they are fair and respectful when providing assistance. Upon admission to a Vital Society program; Individual Rights are conveyed to the people we serve in a manner that meets their individual learning style. Individual Rights are reviewed annually with all persons served.
All Persons Served Have The Right To:
Vital Society Also Guarantees:
You will have the right to be given a reasonable amount of time to make a decision and should be given all of the information needed to make that decision.
You can see your own records and decide who else can see them.
You have the right to give your input into how your services will be delivered.
You have the right to never be subjected to abuse, financial or other exploitation, retaliation, neglect, or humiliating or degrading treatment by Vital society employees, volunteers or contractors.
You have the right to access legal, self-help, and advocacy services as you wish/require.
You are provided frequent and regular opportunities to voice opinions, raise concerns, or to lodge a complaint to persons in authority without fear of retaliation in any form or barriers to service.
Vital Society employees will review the Statement of Individual Rights in a manner appropriate to the individual upon admission to a program or service and the Statement will be reviewed annually with every participant.
Vital Society employees will assist individuals to make complaints if they feel that their rights have been violated.
Complaints are addressed using Complaint Resolution form. Where the Executive Director receives a complaint and determines it may constitutes a Rights Violation they shall conduct a meeting within 5 days of receiving the complaint, investigation and deliver a decision within another 5 days. .
Persons served are entitled to support from their advocate and can participate in the process if consent is provide by the person served.
CONSTITUTION ACT, 1982
CANADIAN CHARTER OF RIGHTS AND FREEDOMS
Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:
Guarantee of Rights and Freedoms
Rights and freedoms in Canada
1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
Life, liberty and security of person
7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Treatment or punishment
12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
Equality before and under law and equal protection and benefit of law
15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Marginal note: Affirmative action programs (2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
The policy is based on the Canadian Standards Association (CSA) Model Code for the Protection of Personal Information (CAN/CSA-Q830-96) and the Personal Information Protection Act (PIPA) (Bill 38-2003).
The policy applies to the collection, use, disclosure, and management of personal information about Vitals volunteers, contractors, and employees.
Collection – the act of gathering, acquiring, or obtaining personal information from any source, including third parties, by any means.
Consent – voluntary agreement with what is being done or proposed. Consent can be either express or implied. Express consent can be given either orally or in writing; it is unequivocal and does not require inference on the part of Vitals. Implied consent exists when Vitals can reasonably infer consent based on action or inaction of the individual.
Disclosure – the act of making personal information available to a third party.
Use – the treatment, handling and management of personal information by and within Vitals
Employee – an employee of Vitals
Personal Information – information about an individual that is identifiable and recorded in any form, excluding the name, position name or title, business telephone number, business address, business email or business facsimile number of the individual. For an employee, such information includes information found in individual employment files, performance appraisals, and medical and benefits information.
Third Party – an individual or organization other than Vitals, a volunteer, contractor or employee.
a. Vitals is responsible for all personal information under its control.
b. Responsibility for the protection of personal information and compliance with this policy rests with Vitals’ Executive Directors, even though other individuals may be responsible for the day-to-day collection and processing of personal information. Other individuals may be delegated to act on behalf of the Executive Directors.
c. Vitals has developed policies and procedures to: protect personal information, receive and respond to complaints and inquiries regarding personal information, and train staff and communicate the personal information policies and procedures to volunteers, contractors, and employees.
2. Identifying Purposes
a. Vitals shall identify the purpose for collecting personal information at or before the time is collected, either orally or in writing.
b. Unless required by law, Vitals shall not use or disclose for any new purpose, personal information previously collected, without identifying the new purpose and obtaining the consent of the individual if required.
a. Vitals shall obtain the consent of the individual required for the collection, use, or disclosure of personal information, except where it would be inappropriate or is required by law.
b. An individual’s consent may be express, implied, or given through an authorized representative such as a legal guardian, lawyer, or person having power of attorney.
c. An individual may withdraw consent at any time, subject to legal or contractual restrictions, provided Vitals is given reasonable notice.
4. Limits for Collection
a. Vitals shall only collect personal information for the purposes identified and use only methods of collection, which are fair and lawful.
5. Limits for Use, Disclosure, and Retention
Personal information will only be used for the purposes for which it was collected, except with the consent of the individual or as required by law.
Vitals shall retain personal information only as long as necessary or expected to be necessary for the fulfillment of identified purposes or as required by law.
a. Vitals shall make reasonable efforts to ensure personal information is accurate, complete, and current as necessary for the identified purposes.
b. Vitals shall not routinely update personal information unless it is necessary to fulfill the purposes for which the information was collected.
a. Vitals will safeguard personal information appropriate to the sensitivity of the information to prevent its loss or theft, as well as unauthorized access, disclosure, copying, use or modification, regardless of the format in which it is held.
b. Vitals shall use appropriate security measures when disposing of personal information.
a. Vitals is open about the policies and procedures it uses to protect personal information. Information about these policies and procedures will be made available to individuals either in electronic or written format.
i. The following information will be made available:
ii. The name, title, and address of the person accountable for the policies and procedures and to whom complaints or inquiries can be forwarded.
iii. A description of the type of personal information held by Vitals, including a general account of its use.
iv. A copy of any brochures or other information that explain the policies and procedures.
v. An explanation of what personal information is provided to related organizations.
9. Individual Access
a. Upon request, Vitals shall within a reasonable time period, inform an individual of the existence, use, and disclosure of his or her personal information and shall provide access to that information.
b. Individuals may be asked to be specific about the information they would like access to and to submit their request in writing or electronically.
c. Vitals shall make the information available within 30 days or provide written notice of extension where additional time is required to fulfill the request.
d. If a request is refused, Vitals shall notify the individual in writing, documenting the reasons for refusal and resources for recourse available to the individual.
e. If the information is successfully demonstrated to be inaccurate or incomplete, Vitals shall amend the information as required. Where appropriate, the amended information shall be transmitted to third parties having access to the information in question.
10. Challenging Compliance