Supplier Code of Conduct
(the "Code")
Dentalcorp is governed by five core values: we make a difference, we are one, we are accountable, we innovate and we are courageous.
Our commitment to these values drives us to do the right thing every time and unites us with a common goal: to be Canada’s most trusted healthcare network. We strive to provide high quality exceptional care by keeping our patients at the heart of everything we do.
Dentalcorp is committed to ensuring that its suppliers (each a "Supplier) respect and aspire to the same values and goals. Accordingly, compliance with all legal, regulatory and policy requirements for the purchase and distribution of Medical Devices in Canada is mandatory.
We expect our Suppliers to have quality management systems in place to demonstrate strict compliance with the requirements of this Code and with laws and regulations that govern the manufacture, procurement, import, sale, distribution, and licensing of medical devices in Canada.
We created this Code to establish and communicate the minimum standards by which all Suppliers are expected to conduct themselves when providing goods or services to our network of practices. All Suppliers (i.e., companies wishing to supply goods or services to Dentalcorp) must adhere to this Code; this includes all employees and agents. It is your responsibility to share this Code with all personnel who may be engaged in conducting business activities with a Dentalcorp clinic. We reserve the right to change this Code as we deem necessary.
Non-Conformance with this Code
If non-conformance to this Code is detected, Dentalcorp will attempt to work with the Supplier concerned to correct the situation. Dentalcorp expects the supplier to develop a corrective action plan to bring its operations into Code conformance so that supply to the Dentalcorp network can continue. If a Supplier does not develop such a plan or fails to implement it, Dentalcorp may, at its sole discretion, move to terminate the business relationship.
Medical Device Specific Requirements:
Medical Devices and Suppliers of such devices must meet all applicable legal, regulatory and policy requirements set out by Canadian Regulatory Authorities (e.g., Health Canada and such other Federal or Provincial ministries or agencies) for such things as:
- Manufacture
- Import
- Marketing
- Sale/Resale
- Licensing
- Installation/use
- Recall/notice of recall
- Failure/notice of failure
- Storage
- Disposal
The Supplier shall comply with all relevant aspects of the Canada Food and Drugs Act (RSC, 1985, c. F-27) (“F&DA”), the Medical Devices Regulations (SOR/98-282) (“MDR”) and any other applicable laws or regulations.
A partial list of such laws and regulations is included in Appendix A. Appendix A provides an overview of the legislative and regulatory regime; it is not intended to be a comprehensive listing. It is the responsibility of the Supplier to be aware of, and be in compliance with, all relevant and applicable laws and regulations pertaining to the products and services, including the Medical Devices it supplies to Dentalcorp.
Provisions Specific to Medical Devices
In addition to the certifications above, the Supplier certifies that:
- the Medical Device is authorized for sale in Canada under the F&DA (Canada);
- the Medical Device is duly licensed in accordance with the F&DA (Canada) and related regulations, and a copy of the licence has been provided to Dentalcorp or, alternatively, the Supplier has produced evidence of its licence in another acceptable manner, such as through the Health Canada website;
- it is an authorized seller or reseller for all medical devices it distributes;
- it holds the appropriate Establishment License from Health Canada and ensures that proper distribution records and complaint handling procedures are in place;
- it has checked the Medical Devices Active Licence Listing (MDALL) and confirmed the Medical Device has a valid license listing;
- none of the Medical Devices it provides, whether to Dentalcorp or to its other clients, are non compliant and or “grey market” products;
- any limitations or qualifications on the licence have been conveyed in writing to Dentalcorp;
- the import, sale, advertising, labelling, manufacturing and distribution of the Medical Device, and any other activities related to the Medical Device, comply in all respects with the F&DA (Canada) and related regulations and any other applicable laws;
- a quality management system is in place, to be provided to Dentalcorp upon request by Dentalcorp;
- it has secured product liability insurance for the Medical Devices with a minimum coverage of two million dollars ($2,000,000) per occurrence.
Adverse Events, Recall Notices and Alerts
The Supplier shall notify the Vice President, Procurement (contact procurement@dentalcorp.ca) and the Senior Director, Regulatory Compliance (contact compliance@dentalcorp.ca), promptly and in writing if:
- it becomes aware of an adverse event caused by the use of a Medical Device supplied to Dentalcorp; or
- there is any change, or to the Supplier’s knowledge, a possible change to a licence issued for any Medical Device supplied to Dentalcorp.
Suppliers shall follow the Guide to Recall of Medical Devices (GUI-0054). In the event of a “Consumer Alert’, “Medical Alert”, or “Product Recall” issued by the manufacturer of any Products or any recognized reporting agency, the Supplier shall immediately advise the Vice President, Procurement and the Senior Director, Regulatory Compliance of such alert or recall and shall take all steps to minimize Dentalcorp’s risks and to remedy the situation at the Supplier’s sole expense.
For greater clarity, the term immediately shall be defined as not more than five (5) calendar days from the date Supplier is notified or becomes aware of recall, recall notice, failure or failure notice.
Compliance with Government of Canada – Standard Acquisition Clauses and Conditions for Ethical Procurement:
By entering into this agreement, the Supplier represents and warrants the following:
Child labour
The Supplier and entities from which they source their products do not employ child labour, i.e. work done by children who are younger than the minimum age for employment permitted by the applicable legislation in the relevant country, and no younger than the age at which compulsory schooling has been set in applicable legislation in the country. In any event, children are protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, or social development. Employees younger than 18 shall not perform hazardous work, which includes work that may jeopardize their health or safety.
Forced labour
The Supplier and entities from which they source their products throughout the supply chain do not use forced labour or compulsory labour in all its forms, including trafficking in persons for the purpose of forced or compulsory labour, namely any work or service that is exacted from any person under the menace of any penalty, and for which that person has not offered himself or herself voluntarily.
Abuse and harassment
The Supplier and entities from which they source their products throughout the supply chain treat their employees with dignity and respect. No employees shall be subject to any physical, sexual or verbal harassment, abuse or violence or psychological hazards. Corporal punishment is not used or tolerated in any form.
Discrimination
The Supplier does not discriminate against their employees in hiring practices or any other term or condition of work (other than legitimate occupational requirements allowed by law) on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics or disability.
Freedom of association and collective bargaining
Where provided for by law, Supplier shall recognize and respect the right of employees to freely associate, organize and bargain collectively, and Supplier shall not discourage employees from exercising this right. No employee or worker representative shall be subject to discrimination, harassment, intimidation or retaliation as a result of his or her efforts to freely associate, organize or bargain collectively. Where the right to freedom of association is restricted under law, the Supplier must provide workers alternative means of association, including effective means to express and remedy workplace grievances.
Occupational safety and health
The Supplier and entities from which they source their products throughout the supply chain provide workers with a safe and healthy work environment and, at minimum, comply with local and national health and safety laws. If residential facilities are provided to workers, they are safe and healthy.
Fair wages
The Supplier and entities from which they source their products throughout the supply chain provide wages and benefits which comply with all applicable laws and regulations and which match or exceed the local prevailing wages and benefits in the relevant industry or which constitute a living wage.
Hours of work
Except in extraordinary circumstances, the supplier’s employees and employees of entities from which they source their products throughout the supply chain, are not required to work more than the lesser of (a) 48 hours per week and 12 hours overtime per week, or (b) the limits on regular and overtime hours allowed by the law of the country of manufacture. Supplier shall not force any employee to work overtime, except in the rarest of circumstances; of course, employees can agree to work overtime.
Environment
The Supplier and entities from which they source their products throughout the supply chain are expected to employ business practices that respect and preserve the environment and environmental integrity in a way that fully complies with Canadian Federal and Provincial environmental law, regulation and policy and/or jurisdiction specific law regulation and policy of the location in which they operate.
Anti-Corruption
The Supplier and entities from which they source their products throughout the supply chain must comply with all applicable anti-corruption and anti-bribery laws in all jurisdictions in which they carry on business.
In the event of a dispute, the laws of the Province of Ontario shall apply to this Code.