Human Rights Policy

This policy is currently under review and new version will be posted in due course.

A. POLICY

OBJECTIVES

  • To provide all employees with clear and concise information regarding Domtar's policy and procedures with respect to human rights.
  • To ensure that all complaints are treated uniformly and equitably.

POLICY STATEMENT

Domtar respects the dignity, rights and aspirations of each employee. Therefore, Domtar is committed to provide a work environment free from discrimination and harassment. Domtar embraces the principles of federal, state/provincial and local/municipal human rights and civil rights legislation that prohibits discrimination and harassment based on any of the following grounds: race, ancestry, colour, creed, ethnic or national origin, place of origin, citizenship, political convictions, sex, sexual orientation, civil status, veteran status, marital status, religion, age, language, social condition, record of offences, or physical or mental disability, including psychological harassment.

Each and every employee has a responsibility for maintaining and promoting acceptable standards of behaviour in order to ensure that all have the opportunity to conduct their work in an environment free from all kinds of discrimination and harassment.

All persons engaging in behaviour contrary to this policy and to applicable legislation will be dealt with seriously by Domtar, up to and including disciplinary measures that may include termination of employment.

SCOPE

This policy applies to all Domtar employees, and to its subsidiaries, operating groups and locations.

B. ADMINISTRATION OF THE POLICY

DEFINITIONS

Discrimination:

Any distinction, exclusion or preference based on any of the prohibited grounds indicated in the Policy Statement that nullifies or impairs equality of opportunity or of terms and conditions of employment in the workplace.

Harassment:

Harassment is a form of discrimination that has been defined as engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome in relation to any of the prohibited grounds, as described above in the Policy Statement. Harassment may be related to a single incident or a series of incidents directed at specific individuals or groups. Harassment requires an absence of express or implied consent from the victim.

Psychological harassment means any vexatious behaviour in the form of repeated and hostile or unwanted conduct, verbal comments, actions or gestures, that affects an employee’s dignity or psychological or physical integrity and that results in a harmful work environment for the employee. A single serious incidence of such behaviour that has a lasting harmful effect on an employee may also constitute psychological harassment.

Types of manifestations:

Harassment, individual or collective, may include, but is not limited to:

  • Unwelcome remarks, jokes, innuendos, slurs, insults, propositions or taunts based on any of the prohibited grounds;
  • The display of derogatory or offensive pictures or materials;
  • Refusal to converse with or work with another employee because of any prohibited ground;
  • Leering, staring, suggestive gestures or unnecessary physical contact;
  • Offensive sexual flirtation, advances or propositions whether related to career advancement or not;
  • Abuse of authority which undermines performance or threatens career progress or patronizing or condescending behaviour in relation to any of the prohibited grounds;
  • Any intimidation, threat, blackmail or constraint linked to abuse of authority in relation to any of the prohibited grounds;
  • Sexual assault;
  • Promises of advancement or of advantages in exchange for sexual favours and threats for the refusal thereof.
  • Threat, reprisal, intimidation, promotion or transfer refusal, dismissal, layoff or other action view to harass.

WHERE AND WHEN DOES THE POLICY APPLY?

To all employees, while on the premises of Domtar, as well as in any other circumstances associated with work such as company-sponsored social gatherings, conferences, training sessions, business travel or customer calls.

RESPONSIBILITIES OF SUPERVISORS AND MANAGERS

  • Set a good example - do not participate in or ignore discrimination or harassment.
  • Provide and promote a workplace free from discrimination and harassment and intervene immediately in response to an alleged act of discrimination or harassment.
  • Take appropriate action when a complaint has been filed.
  • Communicate and reinforce Domtar's policy to new and current employees.
  • Promote a working environment where employees feel comfortable coming forward and discussing their concerns.
  • Ensure confidentiality of any information related to a complaint.
  • Ensure that complainants or witnesses are not subject to retaliation or reprisals as a result of filing a claim.
  • Provide at least an annual review of the policy to all employees.

RESPONSIBILITIES OF ALL EMPLOYEES

  • Set a good example.
  • Stay informed of Domtar's current policy.
  • Maintain a working environment free from discrimination and harassment.
  • File a complaint if and when required.
  • Report your observations if you are a witness to harassment or discrimination.

C. INTERNAL COMPLAINT RESOLUTION PROCEDURE

If you believe that you are being discriminated against or harassed, or if you have been a witness to such situations, it is critical that you come forward with your concerns. In an effort to facilitate this process, Domtar has established procedures you can follow to pursue a complaint. You will be protected from reprisals if you decide to file a complaint.

All complaints of discrimination and harassment will be handled according to the following internal procedures:

INFORMAL PROCESS

If you are a victim of discrimination or harassment, below are some steps we suggest should be taken before filing a formal complaint under this policy. Please note that if you feel uncomfortable pursuing these steps, you may always file a formal complaint in accordance with the guidelines set forth below.

  • Keep a record of the discrimination or harassment
    In order to facilitate resolving the issue, note all details of the incident(s), i.e. what happened, where and when, whether there were any witnesses, threats of reprisals, etc. If the behaviour was expressed in writing or by voice mail or e-mail, be sure to keep all evidence.

  • Ask the person to stop
    If you feel capable of doing so, inform the person that the behaviour is clearly unwelcome, is a cause of discomfort for you or is discriminatory. In many instances, an individual may not realize that his behaviour is offensive, disturbing or discriminatory. Also, remind him that such behaviour is against Domtar's Human Rights Policy.

  • Speak to your supervisor or a representative from the Human Resources Department
    If your discussion with the individual fails to bring about a change in behaviour or if you do not feel comfortable speaking to that individual, you can ask your supervisor or a Human Resources Department representative to intervene by speaking directly to that person. Be sure to provide the intervening party with a written record of the situation.

    Assuming that your supervisor or the Human Resources Department representative is able to effect a level of change in behaviour that is acceptable to you, no further action will need to be taken. However, if you are not satisfied with this resolution, you may resort to the formal process described below.

FORMAL PROCESS

A formal complaint must be filed in writing with your supervisor, a Human Resources representative or the manager of your facility.

  • Investigation
    In most instances, the Human Resources Department representative will serve as the investigator, but an alternate investigator may be appointed should a conflict arise. A thorough investigation will be conducted involving the victim, the person alleged to have behaved inappropriately and any other witness or individuals who may have relevant information.

    While the investigator will attempt to respect the confidentiality of the process, such confidentiality cannot be guaranteed in those situations where discussions with several parties may be necessary in order to effectively conduct the investigation. Nevertheless, all parties to the investigation will undertake to keep the matter strictly confidential.

  • Possible outcomes
    If the investigation concludes that discrimination or harassment has occurred, Domtar will determine the appropriate remedial actions that may include, without limitation:

  • Eliminating the source(s) of discrimination or harassment

    • Accommodating
    • Taking corrective measures against the perpetrator(s) such as:
      - Counselling
      - Human rights training
      - Verbal reprimand (noted in the employee's file)
      - Written reprimand
      - Suspension without pay
      - Transfer
      - Termination of employment
    • Compensatory measures for the victim

      If it is concluded that discrimination or harassment has not occurred, the complaint will be dismissed.

      If it is concluded that the complaint was unfounded, filed in bad faith and frivolous in nature, disciplinary action may be taken against the complainant.

      If a supervisor is found to have been aware of and yet ignored or condoned the discrimination or harassment, he may also be subject to disciplinary action.

  • Other courses of action available
    All employees have the right to file a grievance under their collective and/or labour agreement, where applicable. Employees located in Canada may file a formal complaint with the respective provincial Human Rights Commission or, where appropriate, under the Criminal Code. Employees located in the U.S. may file with the proper branch of the United States Equal Employment Opportunity Commission (EEOC) and/or any state or local human rights commission and take other appropriate legal action in accordance with applicable federal, state and local laws prohibiting discrimination and harassment.

WHISTLEBLOWER PROTECTION

In addition to the above formal and informal processes, any employee may utilize the Whistleblower Protection Policy mechanism to file a complaint, by:

  • Calling the toll-free number: 1-866-323-3653
    (Please note there is no caller ID on this telephone number)
  • Writing to: Domtar Inc., 395 de Maisonneuve Blvd. West, Montreal, QC, H3A 1L6, Canada
    Attention: Vice-President, Internal Audit (Strictly Confidential)

Any questions related to this policy should be directed to your local Human Resources Department or the Senior Vice-President, Human Resources.

June 2004

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