Breaking the rules- CWB code of conduct

Rolf Penner- These are the rules that Mr. Towes is breaking, and that the CWB has decided not to enforce. So much for a fair and unbiased election. The CWB stamp of approval remains on the incumbent directors promotional material weeks after it has been brought to the Boards attention. 

A PDF of the CWB code of conduct can be downloaded here. 

Appendix 3.2 – Board Member Code of Conduct and Conflict of Interest Guidelines

Appendix 3.2.4   ETHICAL AND CONFLICT OF INTEREST STANDARDS

(i) Furthering of Private Interests

(iv)  Corporate Property

Directors must not use corporate property to pursue their private interests or the interests of their spouse, their minor children or a private corporation controlled by any of these individuals. Corporate property includes real and tangible items such as land, buildings, furniture, fixtures, equipment, and vehicles and also includes intangible items such as data, computer systems, reports, information,proprietary rights, patents,trademarks, copyrights, logos, name, and reputation. The CWB may, through prior written approval, authorize a director to use corporate property where such use does not result in additional cost to the CWB, does not detract from a director’s performance of duties to the CWB, and does not result in a material personal gain. A director requires the Board Chair, the GMRC, or Corporate Secretary’s approval to purchase corporate property and such a purchase must be made under the same conditions available to the public.

(e) Consequences/Sanctions for a Breach

In the event of a breach of these guidelines or a failure to remedy or disclose a conflict of interest, appropriate actions should reflect the nature, magnitude and seriousness of the breach. The Governance and Management Resources Committee will recommend an appropriate action for approval by the full Board.

The following are examples of consequences a director may face if found to be in breach of these guidelines:

    (i)   the director may be reprimanded;

    (ii)   the director may be required to make full restitution to the CWB;

    (iii)   the director may be offered the opportunity to resign his or her position with the CWB;

    (iv)   the CWB may consider taking legal action against the director.

    (v)   the director may be suspended or removed from the Board, in accordance with any relevant By-Law; and

    (vi)   Depending on the severity of the breach, any one or more of these consequences may apply.

As a general practice, successive breaches by a director will usually be treated as follows:

First Breach – Director will receive a warning letter from the Governance and Management Resources Committee Chair and Board Chair.

Second Breach – Director will be suspended for a specified period of time.

Third Breach – Director will be terminated.

This is not an exhaustive list and does not preclude any other sanctions or courses of action that might be available to the Governor in Council or CWB Board.