Memorandum of Understanding
between the Canadian Human Rights Commission
and the National Bank

1. INTRODUCTION

1. The Canadian Human Rights Act was adopted by Parliament to give effect to the principle that all individuals should be treated equally. In recognition of this important principle, the Canadian Human Rights Commission strongly supports preventive strategies aimed at reducing discrimination in the workplace and in the provision of goods and services to the general public.

2. The National Bank and the Commission recognize that reducing discrimination requires a proactive and systemic approach, and that it is in the best interests of all parties to work together to resolve allegations of discrimination as early as possible.

2. RESPONSIBILITIES

1. Consequently, the National Bank and the Commission agree to continue to collaborate on preventive measures, and to take the following steps to deal efficiently with any complaints of discrimination that may arise.

1. The National Bank and the Canadian Human Rights Commission will identify patterns of discrimination and share best practices models to address those patterns within the organization, with a view to breaking them through training and education and finding means to ensure that they do not recur.

2. The National Bank and the Canadian Human Rights Commission will identify ways in which they can work together to maximize the benefits of the internal dispute resolution and redress process before a human rights complaint is filed.

3. The National Bank will prepare a document explaining its Processus interne de règlement des différends, which the Commission shall review to ensure that it is an acceptable process under section 41 of the Canadian Human Rights Act prior to September 30th, 2005.

4. Upon learning of a human rights dispute in the workplace, the National Bank will inform the Canadian Human Rights Commission in order to initiate means to resolve the dispute before a human rights complaint is filed. In turn, the Canadian Human Rights Commission will offer available solutions, including but not limited to the use of mediators with human rights training to resolve the dispute, assistance with the development and review of workplace policies related to human rights matters, and the provision of training on the prevention of human rights abuses in the workplace.

5. When a complaint is filed under the Canadian Human Rights Act, the National Bank will participate with the Commission in efforts to address the matter at the earliest opportunity through all-party discussions, its internal dispute resolution process, once it has been recognized by the Commission, alternative dispute resolution and/or joint identification of the issues utilizing the preliminary assessment process. This includes a commitment by the National Bank to designate representatives with full authority to deal with complaints promptly and appropriately.

6. When a complaint cannot be resolved through the internal dispute resolution process, the National Bank will cooperate in all subsequent steps to ensure that the complaint process is completed in a timely manner.

7. The Commission undertakes to ensure that its processes are flexible, transparent, objective, and professionally conducted.

3. LIAISON MECHANISM

1. The National Bank and the Canadian Human Rights Commission agree that their representatives will meet regularly to promote a good working relationship between the two organizations, and that this memorandum of understanding will be reviewed twelve (12) months after the date of signature to assess progress.

4. INTERPRETATION

1. Nothing in this memorandum of understanding derogates from the powers of the Commissioners under the Canadian Human Rights Act.

5. MODIFICATION

1. This memorandum of understanding can be modified at any time with the agreement of both parties.

6. EFFECTIVE DATE AND SIGNATURE

1. This memorandum of understanding shall take effect on the date of signature below.

Robert W. Ward
General Secretary
Canadian Human Rights Commission

M. Kevin P. Smith
Vice-President
Human Resources Operations
National Bank

Signed in Montréal
this 8th day of the month of April, 2005.