1. PURPOSE
The purpose of this policy is to maintain harmonious and mutually beneficial relations between the Ontario Aboriginal Lands Association (OALA) and the employee(s), and to set forth certain terms and conditions of employment as approved by the Board of Directors.
This policy is subject to all or in part thereof to all operational policies and procedures of the Association.
Any issues not covered under the personnel policy will be brought to the attention of Board of Directors.
In all instances, OALA will comply with is obligations under the applicable human rights legislation in apply the terms of this policy.
REVIEW AND REVISION OF POLICY
Due to changes in personnel management practices within OALA, this policy may require periodic review and revision as per the following authority and process:
- There will be an annual review of this policy commencing before the end of the fiscal year after the coming into force of the policy.
- The annual review of the policy will be coordinated by the Coordinator, in consultation with the Board of Directors, and will include the participation of the OALA staff.
- From time to time the Board may deem it advisable to direct that a special review be conducted of this policy or any part thereof.
- Any proposal relating to the amendment of or revision of this policy will be submitted in writing to the Board of Directors who will review the request for amendment of or revision or approval of this policy.
- It will be the responsibility of the Board of Directors, along with the Coordinator, to maintain and discharge approved or disapproved amendments of or revisions to all parties concerned.
EFFECTIVE AND AMENDMENT DATES
The terms and conditions set forth in this policy will not come into force until formerly adopted by the Board of Directors of the Ontario Aboriginal Lands Association (OALA).
Any amendment of or revision thereafter will require the approval of the Board.
This policy was approved in principle on December 18, 2019 by motion # ____ and adopted by the Board dated __December 18, 2019__________.
| Approval and Review | Details |
| Approval Authority | OALA Board |
| Approval Date | Personnel Committee |
| Administrator | OALA Coordinator |
| Next Review Date | |
| Approval and Amendment History | Details |
| Original Approval Authority and Date | |
| Amendment Motion and Date | |
| Section Amended |
INTERRPETATION AND DEFINITIONS
“Act” means the Corporations Act, R.S.O 1990, Chapter C.38, and the Regulations thereto, as amended from time to time and any successor legislation that my hereafter be substituted therefore, as from time to time amended;
“Association” means the Ontario Aboriginal Lands Association incorporated by Letters Patent dated the 12th day of May, 2008 under Part III of the Corporations Act, R.S.O 1990, Chapter C.38;
“Board” means the Board of Directors of the Corporation;
“Chair” means the Chair of the Board (sometimes referred to as the “President”)
and “Board Chair” has a similar meaning;
“Coordinator” means an employee of the Corporation, if so employed. The Coordinator, in the absence of the Executive Director will fulfill the respective positions duties at the discretion of the Board, reporting to the Chair and the Board;
“Corporation” means the Ontario Aboriginal Lands Association;
“Directors” means the Directors of the Association and employers’ representative;
“Executive Director” means an employee of the Corporation, if so employed, who is entitled, at invitation of the Board, to attend all Board Meetings;
“Employee” means an individual who, being hired by the employer or employer representative, and having successfully completed the probationary period, works in a position of indeterminate employment (i.e. one that does not have an expiry date).
“Employer’s Representative” means the Executive Director, Coordinator or the Board of Directors for OALA;
“Employer” means the Ontario Aboriginal Lands Association;
“Full-time” means full-time employment shall mean an employee regularly scheduled to work on an average thirty hours per normal work week;
“Indictable Offence” means a serious offence that carries a period of incarceration as punishment;
“NALMA”means the National Aboriginal Lands Managers Association;
“OALA” means the Ontario Aboriginal Lands Association;
“Part-time” means part-time employment shall mean an individual who works for the employer for less than thirty hours per normal work week;
“Probationary Employee” means an individual who, being hired by the employer or employer representative, works on a trial basis, and during which time can be terminated, or returned to the position promoted out of, without notice;
“Social Media” means media designed to be disseminated through social interaction, created using highly accessible and scalable publishing techniques. Examples include but are not limited to: LinkedIn, Twitter, Facebook, YouTube, Instagram and MySpace.
“Supervisor” means an employee who reports to a Manager and is responsible for supervising other employee(s);
“Term Employee” means an individual who, being hired by the employer or employer representative for a specific term of more than six months and less than one year;
“Weblog”means a website that displays postings by one or more individuals in chronological order and usually has links to comments on specific postings
by writing entries, adding material to postings or entries, or maintaining a blog.
“Website”means a page or collection of pages on the World Wide Web that contains specific information which was all provided by one person or entity and traces back to a common Uniform Resource Locator (URL). Facebook and MySpace are examples of websites.
2. GENERAL TERMS AND CONDITIONS
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with http://www.oala-on.ca website (the “Service”) operated by Ontario Aboriginal Lands Association (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Intellectual Property
The Service and all contents, including but not limited to text, images, graphics or code are the property of Ontario Aboriginal Lands Association and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Ontario Aboriginal Lands Association or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by Ontario Aboriginal Lands Association.
Ontario Aboriginal Lands Association has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Ontario Aboriginal Lands Association shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Indemnification
You agree to indemnify, defend and hold harmless Ontario Aboriginal Lands Association, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation Of Liability
Ontario Aboriginal Lands Association , its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
Ontario Aboriginal Lands Association makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Ontario Aboriginal Lands Association its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and Ontario Aboriginal Lands Association chooses not to immediately act, or chooses not to act at all, Ontario Aboriginal Lands Association will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Ontario Aboriginal Lands Association does not waive any of its rights. Ontario Aboriginal Lands Association shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
Exclusions
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
Governing Law
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms, please contact us.
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