Community Care

Code of Conduct

The Guild’s Intention. Whether in the building or out in the community, creating a culture of warmth and belonging, where everyone is welcome, is a key value of The Guild.

The Guild code of conduct applies to everyone participating in activities, programs, and services, and our social media and digital platforms. 

Be considerate, respectful, and patient. We all play a critical role in ensuring a positive environment, and in protecting our culture, our reputation and our organisation. Your decisions will impact others, and you should take the consequences of your actions into account when making decisions. We won’t all agree all the time, but disagreement is no excuse for disrespectful behaviour. We will all experience frustration from time to time, but we cannot allow that frustration to become personal attacks. An environment where people feel uncomfortable or threatened is not a productive or creative one. 

Be courteous. While we are a community organisation, approaching situations with compassion, strong organisation, and flexibility will create a productive and effective environment. 

Be inclusive. We welcome and support people of all backgrounds and identities. Choose your words carefully. Always conduct yourself with compassion. Be kind to others. Do not insult or put others down. Harassment and exclusionary behaviour aren’t acceptable. 

Do not harass others. In general, if someone asks you to stop something, then stop. When we disagree, try to understand why. Differences of opinion and disagreements are mostly unavoidable. What is important is that we resolve disagreements and differing views constructively. 

Our differences can be our strengths. We can find strength in diversity. Different people have different perspectives on issues, and that can be valuable for solving problems or generating new ideas. Being unable to understand why someone holds a viewpoint doesn’t mean that they’re wrong. Don’t forget that we all make mistakes, and blaming each other doesn’t get us anywhere. Instead, focus on resolving issues and learning from mistakes. 

Fun. Let’s not forget to have fun and find enjoyment in our creativity.  Art is Life!

Infractions. It is in the interest of all parties that participants who do not adhere to the Code of Conduct or Policies or Procedures are dealt with promptly.

·      An infraction is a breach of The Guild’s Code of Conduct or Policies or Procedures while participating in an activity, program, or service. 

·      Examples include but are not limited to: perceived harassment or exclusion of others; not following the policies and procedures set out by The Guild; unfair or discourteous actions/statements to staff member/volunteer or participants; 

·      The Guild will not tolerate violence, theft, vandalism or any other harmful acts.

·      We reserve the right to remove anyone creating an unsafe or unpleasant environment. 

Reporting. Anyone personally affected can report a perceived infraction.

The Guild prioritizes marginalized peoples’ safety over privileged peoples’ comfort. The Guild reserves the right to not act on complaints regarding:

·      ‘Reverse’ -sims, including ‘reverse racism’, ‘reverse sexism’ and ‘cisophobia’

·      Reasonable communication of boundaries, such as “leave me alone,” “go away” or “I am not discussing this with you.”

·      Communicating in a ‘tone’ you don’t find congenial, this does not include shouting or raising your voice at someone.

·      Criticizing racist, sexist, cissexist, or otherwise oppressive behaviour or assumptions.

If someone makes you or anyone else feel unsafe or unwelcome, OR if you see some violating The Guild’s code of conduct, policies or procedures, please report it as soon as possible. Harassment and other code of conduct violations reduce the value of our spaces and events for everyone. We want you to be happy and safe. People like you make our space and events better for everyone. We understand that speaking about the harm we’ve experienced is difficult and often traumatizing. We strive to honour the courage of those who come forward. As such, we have several avenues for reporting harassment, discrimination and inappropriate behaviour:

·      Anonymous Report [Digital – Coming Soon]

·      Formal Report [In writing or Digital – Coming Soon]

Anonymous Reporting. You can make an anonymous report by mail (a name and email is not required).

We can’t follow up on an anonymous report with you directly, but we will fully investigate it and take whatever action is necessary to prevent a recurrence.

Formal Reporting. 

• You can make a personal report by mail:

Attn: The Guild Board of Directors (Private)

115 Richmond Street

Charlottetown C1A 1H7

·      Via e-mail to ed@theguildpei.com 

·      Contacting a staff member directly. The staff will ensure you are safe and cannot be overheard. A staff member or Guild board director you feel comfortable with, and will help you with the written report.

Enforcement.

Guiding Principles

·      The review of a report is to be fair, impartial, and respectful to all parties. 

·      Depending on the nature of the report, and subject to legal requirements, the person named in the report will be advised within 48 hours of the filing of the report with a clear outline of the infraction, subject to legal requirements.

Consequences of Breach

Depending on the nature of the report, it may be the responsibility of The Guild Board to interview the individual in breach as well as any witnesses present. 

Unless the infraction relates to a Zero Tolerance Policy violation, it is the responsibility of The Guild Board to afford the individual in question due process and procedural fairness.

Depending on the nature of the report this process may result in: a written reprimand, removal from the space, permanent ban, further actions at the discretion of The Guild Board, or legal repercussions.

A mediator may be appointed at the discretion of The Guild Board.

Depending on the nature of the report, repeated engagement in unacceptable behaviour will face progressive consequences up to and including expulsion and a ban from The Guild spaces, programming, and events. Policies which involve Zero-Tolerance, such as the Child Safe Environment Policy, are subject to different actions.

THE GUILD CHILD SAFE ENVIRONMENT POLICY

DRAFT - Updated 20 August 2024

This policy is a set of guidelines until formally adopted by the Vulnerable People's Working Group + Board of Directors.

STATEMENT OF INTENT

The Guild’s Child Safe Policy ensures that people aged 18 and under (referred to interchangeably as young people, children, minors and youth) can safely participate in The Guild’s spaces as patrons, staff, short term and long term Tenants; and that in all of their relationships with the aforementioned bodies, all youth are safeguarded from physical, sexual and emotional harm while taking part. 

The Guild requires that all staff, instructor, volunteer, production staff and other paid or voluntary helpers working with children follow the Code of Conduct and Policy set out below. The term “Guild Staff” covers employees, contractors and volunteers. The term “Tenant” covers the employees, contractors and volunteers associated with Long Term and Short Term Venue Rental at The Guild. In order to provide a safe environment for children and adults, The Guild requires all people  working with children to comply with the guidelines and procedures that make up this, the Child Safety Policy, adopted by The Guild.

The Guild takes a zero tolerance approach to any sexual abuse, and has strict and enforceable policies regarding any infringements on all aspects of child safety. For the purposes of this protocol, child sexual abuse shall include any sexual activity in which the sexual integrity of a child is violated, for example; touching for a sexual purpose, exhibitionism, harassment, sexual exploitation, molestation, intercourse, luring, voyeurism, pornography, prostitution, beastiality, sexting, inciting a child to engage in sexual activity. This is not an exhaustive list of the sexual abuse which may occur to a child. 

Employees, parents (including caregivers or Legal Guardians), and children are empowered and supported to safely raise any concerns or complaints about any perceived risks to a child’s safety or signs of abuse. The Guild has developed a procedure to respond to any complaint of abuse or conduct not in keeping with this Policy and Code of Conduct, including means to take disciplinary action or rectify issues when necessary.

The Guild’s Child Safety Environment Policy (1)  is accompanied by:

• Appendix 1.a: The Guild All Ages Show Policy

• Appendix 1.b: The Guild Child Workshops Policy

The Guild’s Child Safety Policy (this document) is required to complete each Appendix. 

INCLUSIONS

• Child Safety Code of Conduct

• Policy - Internal (Guild Staff)

• Policy - External (Tenants)

• Procedures

• Definitions

• Guild Incident Report Form

CHILD SAFETY CODE OF CONDUCT

All people engaging with children at The Guild will:

• Treat all children and young people with respect

• Provide a good example of acceptable behavior

• Enforce a zero tolerance approach to sexual abuse, bullying and harrassment

• Have relevant qualifications and checks as outlined in Child Safety Policy

• Enforce the supervision rules for Guardians of young people

• Create a positive atmosphere for young people to improve their interaction with the arts and build self-esteem

• Respect everyone’s right to personal privacy

• Ensure work-originated relationships with young people are maintained in a professional context in all physical and online environments

The full suite of policies both explicitly and indirectly having implications for children at The Guild are available for internal access HERE. Through active engagement with these policies, The Guild will create an organizational culture of child safety by ensuring robust practices and policies that support all stakeholders to create a child-safe environment.

All safety concerns and allegations of suspected child abuse are subject to immediate response honouring The Guild’s moral and legal obligations. The Guild does not hesitate to take action to protect children from physical, sexual, emotional, psychological and cultural harm. 

POLICY

INTERNAL (Guild Staff)

Mandatory Background Checks

• All Guild staff must undergo Criminal Record Checks incorporating Vulnerable Sector Checks, annually, in order to be engaged at The Guild. These checks are provided at a cost to The Guild and are recorded in a database and added to the employee file.

• These checks take place prior to confirming employment, and are renewed annually on P+P (Policies and Procedures) Day

• These checks are scanned and filed >>Policies and Procedures>> Police Checks and confirmed in the Policies and Procedures Register

• The hard copies of Guild staff Police Checks are kept in their staff file in Accounts

• References from previous employers or relevant organizations are checked prior to confirmation of employment

• Staff members have an obligation to disclose new allegations or charges laid between annual checks. Appropriate action according to Procedures will be taken immediately.

Training and Education

• Annual training sessions on child protection and interaction guidelines are provided in March each year

• Workshops on recognizing and reporting abuse are provided in March each year, booked on P+P Day

• Ongoing professional development opportunities are provided as required

• Policy and Procedures renewals are undertaken annually with all stakeholders on P+P Day, or as new stakeholders commence engagement

Policies and Procedures

• Employees are provided with a detailed manual outlining all policies and procedures upon commencement of employment, and again on P+P Days or on changes to policies

• Clear definitions of acceptable and unacceptable behavior are outlined in Code of Conduct

• Guidelines for reporting and handling incidents are covered in Procedures

Code of Conduct

• See above

Supervision and Monitoring

Unaccompanied children (18 and under) can only attend events at The Guild where there are strict measures or policies in place for the protection of that child. These include:

• Workshops where The Guild’s policies apply 

• Shows/Concerts promoted as All Ages or Youth Only events where The Guild’s policies apply

• In all other instances, (for example, a visit to the Black Box space, attending a general admission show, or a meeting with a long-term or short-term tenant) the child must be accompanied by a parent or Legal Guardian.

• The Guild will ensure that Guild Guardians (adults with Criminal Record Checks that incorporate Vulnerable Person Checks) are present at all events at the ratios described: 

  • a minimum of two Guild Guardians must be present for any event involving minors

  • one guardian per three infants (under 22 months); 

  • one guardian per five toddlers (22 months to three years old); 

  • one guardian per ten pre-schoolers (three to five years old); 

  • one guardian for every 15 school-aged children (six years old or older); 

  • one guardian per every ten children aged 12 - 18.*

*Note that this ratio changes for children attending The Guild to engage in workshops, or for All Ages Shows, both of which are subject to their own policies.

• Guild Guardians must not be alone with minors, and must adhere to the two person rule above.

• Guild Guardians should strive to be within eye-line of other Guild Guardians or adults

• The Guild will conduct regular evaluations and check-ins (Tenant meetings + post-event reports)

Safe Environment

• The Guild will conduct regular safety inspections of physical spaces, ensuring accessibility and removing hazards by Operations Manager, weekly

• A zero-tolerance policy for bullying or harassment is outlined in Code of Conduct

Safe Environment - Photography

These protocols are for the taking and publishing of (in print or online) photos of children and young people up to 18 years of age. **This includes interns and school students.

The Guild aims to protect the safety and privacy of child participants (audience members, workshop participants, etc.) by:

• Obtaining informed consent from a parent (including carers or Legal Guardians) and child (if 15 years of age or older) for the use of images of child participants and audience members.

• Making parents, caregivers or Legal Guardians of education program participants aware that professional photographers may be engaged for official and marketing use

• Only publishing images that do not contain identifying information about children (e.g. school uniform, name) unless consent from parents/carergivers/legal guardians has been obtained

• Ensuring photographers are not left unsupervised with children or have individual access to children, following the Guild Guardian and general guardian rules outlined in Supervision.

• Ensuring all documentarians or photographers have a relevant Working with Children Check, a copy of which must be provided and kept on file for the event.

• Providing details to parents, caregivers and Legal Guardians about who to contact if they have concerns or complaints regarding the use of inappropriate images or inappropriate behavior in taking or publishing images.

Confidentiality

• The Guild will ensure secure storage of personal information online and in paper files

• Strict confidentiality policies and procedures 

• Training for all staff on confidentiality requirements

Reporting Mechanisms

• Anonymous reporting is available alongside formal Incident Reports. This can be done via email, phone, or note.

• The Guild’s Senior Staff Member will handle reports

• The Guild will take prompt investigation and response to all reports as outlined in Procedures

Consent and Communication

• The Guild will ensure informed consent from the Legal Guardian, Parent (if under 15) and the Legal Guardian, Parent and child (if above 15) with regard to activities at The Guild

• The Tenant will collect consent forms for all workshop activities involving children prior to commencement of activities. These will not be retained by The Guild but will be available from the Tenant upon request.

• The Guild will develop clear and consistent communication policies

• Policies will be communicated as follows: 

  • Plain English policies available on website and via social media messaging

  • Short and long term Tenant agreements, both written and verbally delivered upon receipt of first agreement, and upon update

  • Employee handbooks and agreements (includes volunteers and contractors), both written and verbally delivered upon receipt of first agreement, and upon update

  • Records of Criminal Record Checks and staff and Tenant agreements kept easily to hand and accurately filed

  • Public notices in our shared and private spaces within the building

  • Ticketing terms and conditions where required

  • Staff and Tenant training

• The Guild requires staff to CC a Parent/Legal Guardian in all communications with a minor

Emergency Procedures

• A detailed emergency action plan will be developed 

• Twice yearly emergency drills and training will be undertaken

Regular Reviews and Updates

• An annual review of all policies and procedures will take place in February, during the the lead up to P+P Day in March

• During this time, feedback will be solicited from staff and stakeholders

• Adjustments will be made and adopted in March based on new insights or regulations

EXTERNAL (Short and Long Term Tenants)

Mandatory Background Checks

• All short and long term Tenants and their employees, contractors and volunteers who work directly with children must undergo Criminal Record Checks annually in order to undertake any work at The Guild

• These checks are at a cost to the Tenant

• These checks are recorded in the Long Term Tenant’s files and must be available upon request

• Short Term Tenant checks are scanned and filed >>Policies and Procedures>> Police Checks and confirmed in the Policies and Procedures Register

• Tenants have an obligation to disclose new allegations or charges laid between annual checks. Appropriate action according to Procedures will be taken immediately.

• These checks will be renewed annually alongside signings of new leases

Training and Education

• For long term Tenants, annual training sessions on child protection and interaction guidelines are provided by The Guild in March each year

• For long term Tenants, workshops on recognizing and reporting abuse are provided in March each year, booked on Policy and Procedure (P+P) Day

• Policy and Procedures renewals are undertaken annually with all stakeholders on P+P Day, or as new stakeholders commence engagement

Policies and Procedures

• All short-term Tenants are inducted into our Child Safety Policies and Code of Conduct, amongst other policies, upon first accessing the space, and as required due to updates or changes in policy

• Any long term Tenant Code of Conduct and Child Safety Policy will be kept with the Tenant’s lease agreement on file.

• Long Term Tenant representatives sign an understanding of The Guild’s Child Safety Policies and Code of Conduct as part of annual lease renewal

• Clear definitions of acceptable and unacceptable behavior are outlined in Code of Conduct

Code of Conduct

• All Tenants must either have a Code of Conduct and Child Safety Policy and Procedures signed and approved by The Guild, or must undertake to adopt The Guild’s Code of Conduct and Child Safety Policy. 

• The Guild has rules against one-on-one interactions with children without supervision

• Personal relationships between Guild staff and children known to the staff via their work at The Guild, outside of professional context, are prohibited

• The Guild enforces a requirement for respectful and professional behavior at all times

Supervision and Monitoring

Unaccompanied children (18 and under) can only attend events at The Guild where there are strict measures or policies in place for the protection of that child. These include:

• Workshops where The Guild’s policies apply 

• Shows/Concerts promoted as All Ages or Youth Only events where The Guild’s policies apply

• In all other instances, (for example, a visit to the Black Box space, attending a general admission show, or a meeting with a long-term or short-term tenant) the child must be accompanied by a parent or Legal Guardian.

• The Tenant will ensure that Guild Guardians (adults with Criminal Record Checks that incorporate Vulnerable Person Checks) are present at all events at the ratios described: 

  • a minimum of two Guild Guardians must be present for any event involving minors

  • one guardian per three infants (under 22 months); 

  • one guardian per five toddlers (22 months to three years old); 

  • one guardian per ten pre-schoolers (three to five years old); 

  • one guardian for every 15 school-aged children (six years old or older); 

  • one guardian per every ten children aged 12 - 18.*

*Note that this ratio changes for children attending The Guild to engage in workshops, or for All Ages Shows, both of which are subject to their own policies.

• Guild Guardians must not be alone with minors, and must adhere to the two person rule above.

• Guild Guardians should strive to be within eye-line of other Guild Guardians or adults

• The Tenant will conduct regular evaluations and check-ins (Tenant meetings + post-event reports)

• The entire party is to be restricted to the areas of The Guild explicitly referenced in their Agreement, unless they are accompanied by a staff member of The Guild.

Safe Environment

• The Guild will conduct regular safety inspections of physical spaces, ensuring accessibility and removing hazards by Operations Manager, weekly

• A zero-tolerance policy for bullying or harassment is outlined in Code of Conduct

Safe Environment - Photography

These protocols are for the taking and publishing of (in print or online) photos of children and young people up to 18 years of age. **This includes interns and school students.

The Guild aims to protect the safety and privacy of child participants (audience members, workshop participants, etc.) by:

• The Tenant must obtain informed consent from a parent (including carers or legal guardians) and child (if 15 years of age or older) for the use of images of child participants and audience members.

• The Tenant must ensure parents, caregivers or Legal Guardians of education program participants are aware that professional photographers may be engaged for official and marketing use

• The Tenant must ensure that they only publish images that do not contain identifying information about children (e.g. school uniform, name) unless consent from parents/carergivers/Legal Guardians has been obtained

• The Tenant must ensure that photographers are not left unsupervised with children or have individual access to children, following the Guild Guardian rules outlined in Supervision.

• The Tenant must ensure all documentarians or photographers have a relevant Working with Children Check, a copy of which must be provided and kept on file for the event.

• The Tenant must provide details to parents, caregivers and Legal Guardians about who to contact if they have concerns or complaints regarding the use of inappropriate images or inappropriate behavior in taking or publishing images.

Confidentiality

• The Tenant must ensure secure storage of personal information online and in paper files

• Strict confidentiality policies and procedures 

• Training for all staff on confidentiality requirements

Reporting Mechanisms

• Anonymous reporting is available alongside formal Incident Reports. This can be done via email, phone, or note

• The Guild’s Senior Staff Member will handle reports

• Prompt investigation and response to all reports as outlined in Procedures

Consent and Communication

• The Tenant will ensure informed consent from the Legal Guardian, Parent (if under 15) and the Guardian, Parent and child (if above 15) with regard to activities at The Guild

• The Tenant will collect consent forms for all workshop activities involving children prior to commencement of activities. These will not be retained by The Guild but will be available from the Tenant upon request.

• The Tenant will develop clear and consistent communication policies

• Policies will be communicated as follows: 

  • Plain English policies available on website and via social media messaging

  • Short and long term Tenant agreements, both written and verbally delivered upon receipt of first agreement, and upon update

  • Employee handbooks and agreements (includes volunteers and contractors), both written and verbally delivered upon receipt of first agreement, and upon update

  • Records of Criminal Record Checks and staff and Tenant agreements kept easily to hand and accurately filed

  • Public notices in our shared and private spaces within the building

  • Ticketing terms and conditions where required

  • Staff and Tenant training

• The Tenant will require staff to CC a Parent/Legal Guardian in all communications with a minor

Emergency Procedures

• The Guild will develop a detailed emergency action plan

• Twice yearly emergency drills and training will be undertaken, led by The Guild and involving all Tenants

Regular Reviews and Updates

• Annual review of all policies and procedures will take place in February, during the the lead up to P+P Day in March

• During this time, feedback will be solicited from staff and stakeholders

• Adjustments will be made and adopted in March based on new insights or regulations

PROCEDURE

Examples:

Example 1:

There are rumours of minor-related misconduct on the behalf of the staff of a short term tenancy. These rumours reach Guild management first.

• The Guild Management will record the details of the rumour using The Guild Incident Report Form.

• The Guild Management will report the matter to Child Protective Services  (CPS) and follow their advice on further action to be taken.

• The Guild Management will ask explicitly if the Tenant should be advised, or if any action should be taken, with regard to confidentiality or legality. The CPS response should be recorded in the Incident Report Form.

• Possible actions to be taken at The Guild’s discretion may involve: immediate removal/suspension of the alleged offender until the matter can be resolved; suspension, postponement or cancellation of the show, event or season; what are the financial implications of this

• Any action taken (disciplinary action, further communication) will be recorded on the same form.

• All matters are to be kept confidential until advice from the Board of Directors and The Guild’s legal representatives has been obtained.

Example 2:

There is a report of minor-related misconduct on the behalf of a Guild staff member. This report reaches the Guild Management first.

• The Guild Management will record the details of the report using The Guild Incident Report Form.

• The Guild Management will report the matter to Child Protective Services (CPS) and follow their advice on further action to be taken.

• The Guild Management will ask explicitly if the Tenant should be advised, or if any action should be taken, with regard to confidentiality or legality. The CPS response should be recorded in the Incident Report Form.

• Possible actions to be taken at The Guild’s discretion may involve: immediate removal/suspension of the alleged offender until the matter can be resolved; what are the financial implications of this

• Any action taken (disciplinary action, further communication) will be recorded on the same FORM.

• All matters are to be kept confidential until advice from the Board of Directors and The Guild’s legal representatives has been obtained.

Example 3: 

A report or rumour of minor-related misconduct on behalf of a Short/Long Term Tenant reaches the Short/Long Term Tenant first.

• The Tenant will record the details of the report using The Guild Incident Report Form.

• The Tenant will report the matter to Child Protective Services (CPS) and follow their advice on further action to be taken.

• The Tenant will ask explicitly if The Guild should be advised, or if any action should be taken, with regard to confidentiality or legality. The CPS response should be recorded in the Incident Report Form.

• If CPS advise that The Guild should be advised, the report will be taken to The Guild Senior Staff Manager, who will note the details of the Report on their own version of the Incident Report Form.

• Possible actions to be taken at The Guild’s discretion may involve: immediate removal/suspension of the alleged offender until the matter can be resolved; what are the financial implications of this

• Any action taken (disciplinary action, further communication) will be recorded on the same form.

• All matters are to be kept confidential until advice from the Board of Directors and The Guild’s legal representatives has been obtained.

Example 4: 

An observation, report or rumour of minor-related misconduct on behalf of an audience member reaches Tenant Staff or The Guild Staff.

• The Staff Member will record the details using The Guild Incident Report Form.

• The Staff Member will report the matter to the key Tenant and to the Senior Guild Staff Member, who will together contact Child Protective Services (CPS) and follow their advice on further action to be taken. The Guild Senior Staff Member will lead this action.

• The Guild Senior Staff Member will ask explicitly if the public should be advised, or if any action should be taken, with regard to confidentiality or legality. The CPS response should be recorded in the Incident Report Form.

• If CPS advise that no action is to be taken at this time, The Guild Senior Staff Manager will note the details of this response in the Incident Report Form.

• Possible actions to be taken at The Guild’s discretion may involve: immediate removal/suspension of the alleged offender.

• Any action taken (disciplinary action, further communication) will be recorded on the same form.

• All matters are to be kept confidential until advice from Child Protective Services, the Board of Directors and The Guild’s legal representatives has been obtained.

In the case of any of these actions, The Guild will bear no responsibility for the financial implications of suspension, cancellation or other actions, as any allegations of abuse or misconduct will indicate the violation of the policies laid out in this document.

Action following reporting will be in accordance with the legal requirements of Prince Edward Island.

Creation and Review

The Guild’s policies are designed in consultation with relevant/necessary community stakeholders, and delivered and enforced by The Guild’s most senior staff member,  and members of the leadership team. 

The Policies and Procedures are reviewed at least quarterly, but on an as-needed basis, by The Guild’s Senior Staff Member and the leadership team.

DEFINITIONS

Age of Consent - Criminal Code of Canada

As set out in the Criminal Code of Canada, the age of consent refers to the age at which the criminal law recognizes the legal capacity of a young person to consent to sexual activity. Below this age, all sexual activity is prohibited unless the circumstances fit into one of the legislated exceptions set out below.

Case law establishes that once the sexual purpose, nature of contact or invitation is established, potential criminal liability attaches when a young person is below the age of consent.

The age of consent is 18 years where the sexual activity involves exploitative activity, such as prostitution, pornography or where there is a relationship of trust, authority or dependency. 

For other sexual activity, the age of consent is 16 years of age. A minor ages 16 or 17 may have consensual sexual activities with any person they wish, whatever the age, as long as the minor is not in a situation of exploitation with this partner (as described in the first sentence of this paragraph).

When a young person is 12 to 14 years of age, there are no grounds for proceeding with a criminal charge if his or her sexual partner is:

(a) less than two years older; and

(b) not in a position of trust or authority towards the young person, is not a person whom the young person is in a relationship of dependency and is not in a relationship with the young person that is exploitative of him/her.*

When the young person is between 14 to 16 years of age, there are no grounds to proceed with a criminal charge if his or her sexual partner is:

(a) less than five years older than the young person; and

(b) not in a position of trust or authority towards the young person, is not a person with whom the young person is in a relationship of dependency and is not in a relationship with the young person that is exploitative of him/her; or

(c) married to the young person.

* As set out at section 153 of the Criminal Code, a judge may infer that a person that is in a relationship with a young person that is exploitative of the young person from the nature and circumstances of the relationship, including:

(a) the age of the young person;

(b) the age difference between the person and the young person;

(c) the evolution of the relationship; and

(d) the degree of control or influence by the person over the young person.

Section 10(1) of the Prince Edward Island Child Protection Act requires that every person who has knowledge or has reasonable grounds to suspect that a child is in need of protection must, without delay, report the circumstances including providing any additional information available.

When is a child considered to be in need of protection/intervention?

The Act [see s. 9(1)] states that a child is in need of protection where:

• The child has, or is at substantial risk of suffering physical harm inflicted by a parent;

• The child has or is at substantial risk of suffering harm caused by neglect or failure by a parent to either adequately supervise or protect or to provide for the adequate supervision or protection of the child;

• The child has been or is at substantial risk of being sexually abused by a parent or another person and the parent knew or should have known of the possibility of sexual abuse and failed to protect the child;

• The child has been or is at substantial risk of being harmed as a result of being sexually exploited for the purpose of prostitution and the parent has failed or been unable to protect the child;

• The child has been, or is at substantial risk of being harmed as a result of being exposed to, or involved in, the production of child pornography, and the parent has failed or been unable to protect the child;

• The child has suffered, or is at substantial risk of suffering emotional harm caused by a parent or another person, and the parent knew or should have known about the emotional abuse and failed to protect the child;

• The child has or is at substantial risk of suffering physical or emotional harm caused by being exposed to domestic violence by or towards a parent;

• The child requires specific medical treatment (medical, psychological or psychiatric) and the parent does not/refuses to obtain treatment, or is unavailable/unable to obtain or consent to treatment;

• The child suffers from a mental, emotional or developmental condition that could seriously harm the child if not addressed and the parent does not/refuses to obtain treatment, or is unavailable/unable to consent to treatment;

• The child has been abandoned, the parents have died or are unable to take custody of the child, and adequate provisions for care have not been made;

• The child is in the custody of Child Protective Services or another person and the parent of the child refuses or is unable to resume custody of the child;

• The child is under 12 years of age and committed a serious crime or poses a serious danger to others and/or protection is needed to prevent reoccurrence of the incident or danger and the parent refuses or is unwilling to consent to such protection.

THE GUILD: All Ages Show Policy

This Policy is a set of guidelines until formally adopted by the Guild's Vulnerable People Working Group and Board of Directors.

Updated 20 August 2024

This Policy is an Addendum to THE GUILD CHILD SAFE ENVIRONMENT POLICY and must be read in tandem with it, in its entirety.

Policy For ‘All Ages’ advertised or ‘Youth Only’ advertised shows:

• One (1) Guild Guardian (see definitions in The Guild Child Safe Environment Policy) per ten (10) patrons expected at the event, with a minimum of 2 Guardians for the first 10. 

• The Guild must supply a staff member as part of the Guild Guardian team.

• The Guild’s onsite staff (example: sound technician, production contact) will count as a Guild Guardian if directly advised as part of Agreement.

• Note that because tickets are not pre-sold, there is no distinction made for age of ‘patrons’, to ensure that all patrons, who may be minors, are covered. Between 60 and 100 persons, a maximum of 6 Guild Guardians is reasonable, but for every 10 patrons above 100, an additional one (1) Guardian is required.

• Alcohol is only served at The Guild at 19+ events.

• There is a ZERO tolerance approach to any level of abuse or suspect interaction at an All Ages or Youth Only advertised show. ALL offenders will be asked to leave immediately, and under-age offenders will be removed from the crowd and dealt with in a manner that ensures their safety.

• As a general rule, Dressing Rooms will not be available for the use of underage artists and will be closed to all persons at the All Ages event. If Dressing Rooms are absolutely necessary, this must be advised and contracted in advance, and an additional continuous roster of two (2) concurrent Guild Guardians will be required at all times Dressing Rooms are accessible to the event.

• The Gallery will be locked unless it is expressly part of the event, and if open during such events, will be managed by the Gallery Manager with a minimum of two (2) Guild Guardians

• The Box Office will be set up at the top of the stairs/entry to the Black Box Space to maintain a visual on the washroom area.

• There will be side-stage access only, limited to those appearing on-stage. There will be no ‘backstage’ area separate to the main Black Box audience space, managed by signage and Guild technical staff.

• The Richmond Street entrance will be locked for the duration of the show. Access to this area will be managed by the technical staff.

Procedure

• The Short Term Tenant must supply a list of Guardians, along with their Criminal Record Checks, who will be supervising their event/workshop no later than 48 hours prior to the event/workshop. In the case of the Short Term Tenant presenting a series or season, a full list of all possible Guardians, and their Criminal Record Checks, can be supplied one week ahead of the commencement of their season, and from that complete list, advise the list of attending supervising Guardians for each event at least 48 hours prior to the commencement of the event. The full list, Criminal Checks and list of each event/workshop’s supervising Guardians will be kept on file with the Agreement.

• A Code of Conduct (see The Guild Child Safe Environment Policy) will be posted in prominent areas throughout the event, alongside reporting processes (see below) - example: front door entrance, box office area, washrooms, and within event space.

• Bag checks will be mandatory for all patrons upon entry. Alcohol will be confiscated but patrons will be allowed to enter the premises following confiscation. Illegal substances found in bag checks will result in LOREM for under 19 and police action for 19+.

• In Case of Emergency process - wristbands?

• Event signage and pre-event advertising will advise that in the event of any safety issues, a patron can locate a chaperone who will be wearing a clearly visible lanyard to report their concerns or an incident. The colour of these lanyards will be changed between events to lower the risk of duplication.

When a Guardian observes or receives a report of misconduct relating to a minor, the following procedural examples may apply:

• An adult patron is either seen or reported to be engaging inappropriately with young patrons (or any patrons). 1. Consult with the promoter and together remove offender 2. Report (using Incident Form) and ensure that promoter and The Guild staff are fully aware of all actions taken, including provision of a copy of incident form, which will be kept on file. This is the result of the zero tolerance policy - there is no room for deescalation/intervention/3 strikes.

• A Guardian observes a minor interacting with another minor in a way that does not indicate consent – 1. Consult with promoter and together remove offender (either to holding area or from event by contacting parent/guardian for pick up), 2. Report (using Incident Form) and ensure that promoter and The Guild staff are fully aware of all actions taken, including provision of a copy of incident form, which will be kept on file. This is the result of the zero tolerance policy - there is no room for deescalation/intervention/3 strikes.

• Any patron becomes unconscious for any reason: follow standard First Aid procedures and call 911, requesting police and ambulance (check on this for BIPOC)

• A minor is involved in a violent altercations - 1. Intervene 2. De-escalate and advise consequences 3. Consult with the promoter and if required, together remove offender/s (either to holding area or from event), 4. Report (using Incident Form) and ensure that promoter and The Guild staff are fully aware of all actions taken, including provision of a copy of incident form, which will be kept on file.

• Adult patrons are involved in violent altercations -  1. Consult with promoter and together remove offender/s (from event), 2. Report (using Incident Form) and ensure that promoter and The Guild staff are fully aware of all actions taken, including provision of a copy of incident form, which will be kept on file. This is the result of the zero tolerance policy - there is no room for deescalation/intervention/3 strikes.

The Guild: Children Attending Workshops Policy

Updated 20 August 2024

This Policy is an Addendum to THE GUILD CHILD SAFE ENVIRONMENT POLICY and must be read in tandem with it, in its entirety.

The Guild Child Workshops Policy 

In most cases children will attend workshops run by Short Term Tenants (Venue Rentals) at The Guild. 

The following points are outlined in The Guild Child Safe Environment Policy, but are reiterated here with a focus on direct interaction with minors.

This policy, and The Guild Child Safe Environment Policy, are attachments to all Short Term Tenancy Agreements.

Consent and Communication

• The Tenant will ensure informed consent from the Legal Guardian, Parent (if under 15) and the Legal Guardian, Parent and child (if above 15) with regard to activities at The Guild

• The Tenant will collect consent forms for all workshop activities involving children prior to commencement of activities. These will not be retained by The Guild but will be available from the Tenant upon request.

• The Tenant will develop clear and consistent communication policies

• Policies will be communicated as follows: 

  • Plain English policies available on website and via social media messaging

  • Short and long term Tenant agreements, both written and verbally delivered upon receipt of first agreement, and upon update

  • Employee handbooks and agreements (includes volunteers and contractors), both written and verbally delivered upon receipt of first agreement, and upon update

  • Records of Criminal Record Checks and staff and Tenant agreements kept easily to hand and accurately filed

  • Public notices in our shared and private spaces within the building

  • Ticketing terms and conditions where required

  • Staff and Tenant training

• The Tenant will require staff to CC a Guardian or Parent/Legal Guardian in all communications with a minor

Supervision and Monitoring

Unaccompanied children (18 and under) can only attend events at The Guild where there are strict measures or policies in place for the protection of that child. These include:

• Workshops where The Guild’s policies apply 

• Shows/Concerts promoted as All Ages or Youth Only events where The Guild’s policies apply

• In all other instances, (for example, a visit to the Black Box space, attending a general admission show, or a meeting with a long-term or short-term tenant) the child must be accompanied by a parent or guardian.

• The Tenant will ensure that Guild Guardians (adults with Criminal Record Checks that incorporate Vulnerable Person Checks) are present at all events at the ratios described: 

  • a minimum of two Guardians must be present for any event involving minors

  • one guardian per three infants (under 22 months); 

  • one guardian per five toddlers (22 months to three years old); 

  • one guardian per ten pre-schoolers (three to five years old); 

  • one guardian for every 15 school-aged children (six years old or older); 

  • one guardian per every ten children aged 12 - 18.

• Guardians must not be alone with minors, and must adhere to the two person rule above.

• Guardians should strive to be within eye-line of other Guardians or adults

• The Tenant will conduct regular evaluations and check-ins (Tenant meetings + post-event reports)

• The entire party is to be restricted to the areas of The Guild explicitly referenced in their Agreement, unless they are accompanied by a staff member of The Guild.

Procedure:

• The Short Term Tenant must supply a list of Guardians, along with their Criminal Record Checks, who will be supervising their event/workshop no later than 48 hours prior to the event/workshop. In the case of the Short Term Tenant presenting a series or season, a full list of all possible Guardians, and their Criminal Record Checks, can be supplied one week ahead of the commencement of their season, and from that complete list, advise the list of attending supervising Guardians for each event at least 48 hours prior to the commencement of the event. The full list, Criminal Checks and list of each event/workshop’s supervising Guardians will be kept on file with the Agreement.

• A Code of Conduct will be posted in prominent areas throughout the event, alongside reporting processes (see below) - example: front door entrance, box office area, washrooms, and within event space.

• The appropriate policy is to be communicated to the Short Term Tenant verbally during contracting, and included in Tenancy Agreement.

• The appropriate policy is to be communicated by the Short Term Tenant verbally and in writing to their staff, coordinators and chaperones.

• All minors are to be registered with full name, Emergency Contact number, email, and allergies/cultural support notes