Information Guide for Contractors

For All Contractors Who Perform Work at Correctional Service Canada

1.0 TABLE OF CONTENTS

• 1.0 TABLE OF CONTENTS
• 2.0 INTRODUCTION
• 3.0 DEFINITION OF A CONTRACT & CSC’s RELATED RESPONSIBILITIES
• 4.0 EMPLOYER-EMPLOYEE RELATIONSHIPS
• 5.0 INFORMATION GUIDE FOR CONTRACTORS
• 6.0 DESCRIPTION OF THE TRAINING MODULES
  • 6.1 Module 1
  • 6.2 Module 2
  • 6.3 Module 3
• 7.0 HOW TO USE THE TRAINING MODULES
• 8.0 ADDITIONAL INFORMATION

2.0 INTRODUCTION

The Information Guide for Contractors and its components were developed by the Learning and Development Branch, National Headquarters in collaboration with Contracting and Material Services. The Information Guide is designed to provide contractors with information that will assist them in meeting their contractual obligations with CSC.

The Information Guide to Contractors consists of this Introductory document, three (3) Modules and a Frequently Asked Questions (Q & A) document.

The Modules are designed for various contractors, either working in the community, an institution, or at National or Regional Headquarters. Module 1 contains generic information pertaining to CSC and is to be read by all contractors, regardless of work location. Module 2 contains specific information related to working in the community and is to be read by all contractors working the community - including Community Correctional Centres (CCCs). In contrast, Module 3 contains specific information related to working in a CSC institution and therefore is to be read by all contractors working in a CSC institution.

The Program Manager/Project Authority is responsible for clarifying to contractors which Module(s) apply to them.

.Note that the Information Guide for Contractors; Modules were designed to be self-taught and should not be used for further training purposes.

The following sections of this document provide information on contracts and related responsibilities, employer-employee relationships, the purpose of the Information Guide for Contractors, the target audience for each Module, how to use the Modules.

3.0 DEFINITION OF A CONTRACT & CSC’s RELATED RESPONSIBILITIES

A "contract" is defined as an agreement entered into by two or more parties which legally binds them to supply goods, execute work or deliver services for a legal consideration.

It is the contractor’s responsibility to supervise his/her own employee(s), to hire and/or dismiss their employee(s), to furnish the tools and materials needed to perform the work done by the employee(s), to pay the employee(s) accordingly, and to discipline the employee(s) when/if necessary.

The roles and responsibilities of the contractors regarding their employees and/or subcontractors are beyond the role and authority of CSC. The CSC representative can and should see that the work is being completed in accordance with the contractual agreement, but it is not up to them to give orders to the contractor regarding the manner in which the work is to be done.

The act of giving orders and instructions must be distinguished from the quality control duties of the CSC representative with regards to the contractual work being completed. The CSC representative who completes the quality control of the contractual work do not assume the responsibilities of the contractor. The CSC representatives merely ensure that the contractors carry out the contract properly.

Consequently, in terms of complying with the requirement for all contractors and his/her staff to read the Module(s), CSC is only responsible for collecting the consent forms from the contractor showing that the contractor and the applicable staff have read the Module(s). The contractors are responsible for ensuring that the Module(s) have been distributed and read by their employees and/or subcontractors.

4.0 EMPLOYER-EMPLOYEE RELATIONSHIPS

Treasury Board Contracting Policy requires CSC contracting authorities to ensure that an employer-employee relationship will not result from contracting for the services of individuals. This is in accordance with criteria established by the Canada Revenue Agency and pertinent court rulings.

Contractors are not public service employees and are therefore governed by a different set of policies and procedures - especially when it comes to training. Under these policies and procedures, CSC is not permitted to provide training to contractors other than training that is specific to a correctional environment where it is not reasonable to believe that the contractor could attain the same level of training from a community source.

When a contract is tendered, it is expected that the winner of the contract has the necessary skills, knowledge and qualifications in order to complete the work specified in the contract. An employer-employee relationship exists when CSC trains the contractor in order to provide him/her with the knowledge, skills and qualifications specified in the contract.

Providing training that is not CSC specific to a contractor can create a delicate situation called an "employer-employee relationship."

These modules were therefore designed to assist CSC in avoiding such a relationship with a contractor and/or their employees and/or subcontractors. For example, it is expected that a Correctional Program Officer (CPO) who is contracted to facilitate a CSC specific program to offenders already has basic facilitation competencies to deliver programs before the contract was awarded. Providing training to a contractor who does not possess basic facilitation competencies on how to deliver programs would create an employer-employee relationship. However, providing the CPO with training on how to deliver a specific correctional program using the facilitation skills that the contractor already possesses would be acceptable as this does not create an employer - employee relationship.

There is a fine line between the two examples of training indicated above. Therefore, the concept of an employer-employee relationship must always be examined to ensure that the policies and procedures governing the contract and the contractor have not been breached.

Consequently, these modules were developed so as not to promote or give the semblance of an employer-employee relationship as any deviation to this approach could result in the inadvertent creation of such a relationship.

5.0 INFORMATION GUIDE FOR CONTRACTORS

The CSC information program guide for contractors consists of the following documents:

• a series of three (3) modules called Information Guide for Contractors;
  • Module 1: For All Contractors working for CSC
  • Module 2: For All Contractors Working in a Community Environment
  • Module 3: For All Contractors Working in an Institutional Environment
• this Introduction document;
• a Frequently Asked Questions document.

The modules themselves are designed to provide information to a varied contractor¹ clientele. Each module is structured differently depending on the specific work environment of the contractor.

The modules include a variety of information pertinent to a contractor new to a CSC environment. This includes access to CSC assets i.e. telephone, computer and/or the Infonet, protection of information, as well as a strong focus on safety/security and procedural issues.

Information included in these modules was gathered together from a variety of sources including information taken from various orientation training packages designed for CSC staff and volunteers as well as interviews with former and/or current CSC contractors.

The modules were designed to be self-taught and read by the contractor once the contract bid has been awarded but before the contractual work is to start. However, the Program Manager/Project Authority has the discretion to allow for an extension as deemed reasonable.

Moreover, it should be noted that the Information Guide for Contractors modules are specifically designed for new contractors either from a new contract or an existing contract where a contractor has hired a new employee who will/is affected by the contract. However, should the Program Manager/Project Authority feel that the contractor would benefit by reading these modules, it is recommended that the contractor read the modules in accordance with where their tasks are being performed, in order to meet their contractual obligations.

6.0 DESCRIPTION OF THE TRAINING MODULES

The following provides a brief outline of what is included in the Information Guide for Contractors modules:

6.1 Module 1

Module 1 is designed for all contractors who are contracted to perform work for CSC.

This module was developed to provide the contractor with general information and a quick overview of the Correctional Service of Canada and its mission. It also covers information related to entrance/exit procedures, protected information, and access to CSC assets i.e. telephone/computer. This module applies to all contractors including those working at Regional or National Headquarters or Staff College.

6.2 Module 2

Module 2 is designed for all contractors working in a non-institutional environment.

Examples of contractors who require Module 2 may consist of contractors who work in any non-institutional environment, including Parole Offices, Corcan Industries within the community, Community Based Residential Facilities (CBRF), and other locations within the community. This also includes Community Correctional Centres (CCCs) as they are located in the community.

This module was developed to provide the contractor with general information regarding non-institutional environments, the offender clientele, personal safety and security information, general information on the prison culture and offender population profiles, interactions with offenders and staff, and health issues. It also includes an overview of basic crisis and conflict management situations (i.e. hostage-taking) and also presents possible courses of action to take in the event of finding oneself in these kinds of situations.

6.3 Module 3

Module 3 is designed for all contractors working in an institutional environment.

This module was developed to provide the contractor with general information regarding institutional environments, including more in-depth information regarding working with offender clientele, personal safety and security information, general information on the prison culture and offender population profiles, interactions with offenders and staff, and health issues. It also includes an overview of basic crisis and conflict management situations (i.e. hostage-taking) and also presents possible courses of action to take in the event of finding oneself in these kinds of situations.

* Note that Modules 2 and 3 contain much of the same information; however, Module 2 is geared more towards working in the community and covers only an overview of the institutional environment. Module 3, in contrast, focuses on the institution and consequently covers institution-related material in more depth.

7.0 HOW TO USE THE TRAINING MODULES

Under new contract requirements, a condition of the contract will stipulate that the contract winner must read the CSC module(s) appropriate to their working environment.

Once a contract has been awarded, the Program Manager/Project Authority must decide which modules shall be read by the contractor. The modules in question will depend where the contractor will be working. Therefore, the nature of the contract, rather then the fiscal amount of the contract, will determine which modules will apply to which contractor.

To assist you in determining the appropriate module(s) to read, the following table has been developed:

The CSC Program Manager/Project Authority responsible for the contract is required to forward one (1) copy of each relevant module to the contractor along with a copy of a form that the contractor and/or his/her employee are required to sign indicating that the modules have been read.

The person responsible for the contract will advise the contractor which module(s) he/she and/or their employee(s) are required to read. Each contractor and their employee(s) must each sign a form upon completion of reading the module(s).

The person responsible for the contract will also advise the contractor of the location of the modules on the CSC external site once they become available and as early as the awarding of the contract but no later than two (2) weeks from the contract’s start date.

The contractor is required to provide his/her employees with a copy of the modules and have their employees sign the form before the contracted work is to start.

Once the modules have been read by the contractor and/or their employees and/or subcontractors, the contractor must forward the signed form(s) to CSC Program Manager/Project Authority. Updates and/or monitoring of these forms shall be the responsibility of the person responsible for the contract.

8.0 ADDITIONAL INFORMATION

A Frequently Asked Questions document has been created using questions that have been received from the regions. This document is located on the internal website: http://infonet/learn-dev/learning/sdl/sdl_e.shtml

Should you have any additional questions not found in the "Frequently Asked Questions" document or provided in this introduction document, please ask the Program Manager/Project Authority responsible for your contract.