PURPOSE AND SCOPE

 

The purpose of this Policy is to support the Company’s commitment to integrity and ethical conduct by providing a “safe harbour” process for employees and others who wish to report any questionable business practices of Peak or its employees. (“Employees” in this Policy means the board of directors, officers, employees and contractors.)

 

POLICY

 

Employees and other stakeholders must be able to report any reasonable concerns about questionable business practices in confidence to an appropriate authority in the Company without any fear of retaliation.

 

High standard of conduct

 

Peak has publicly declared its commitment to the highest levels of ethical conduct and transparency. This commitment, along with a guideline on its application in various circumstances, is presented in POL-COR-264 Code of Conduct, and is reinforced through the documented policies and procedures of the Company.

 

The Company takes this commitment very seriously. Every director, officer, employee and contractor has a duty to live up to the Code of Conduct and to report any reasonable concern they may have about questionable business practices. By doing so, you will help to protect the Company, safeguard its good reputation and reinforce the market’s confidence in our integrity.

 

What to report

 

The following list illustrates questionable business practices that you are encouraged to report if you believe they are occurring in our Company and are contraventions of the Code of Conduct:

 

·         Suspicious accounting practices or circumvention of internal accounting controls.

·         Inclusion of fraudulent or misleading information in the Company’s financial disclosures.

·         Suspected fraud or theft.

·         Workplace harassment or other violations of human rights.

·         Questionable destruction or falsification of records.

·         Improper disclosure of confidential or private information.

·         Coercion or threatening by a supervisor.

·         Risk to the Company’s assets or personnel.

·         Interference with the independence of auditors.

·         Violations of law, regulations or contractual obligations.

·         Non-compliance with the Company’s documented policies and procedures.

·         Dangerous or questionable health, safety or environmental practices.

 

The above list will serve as a guideline that shows the intent of this Policy.

 

Confidentiality and employee protection

 

When you contact the external reporting service following the procedures described below, your report will be treated anonymously unless you choose to identify yourself.

 

Peak assures employees that when they make, in good faith, a report of questionable business practice following the procedure set out below, the employee will not be subject to any retaliation, threats, harassment or discrimination, including actions affecting the employee’s compensation or conditions of employment, that are the consequence of the submission of the report. Any employee who retaliates against someone who reports a suspected ethical violation will be subject to disciplinary action that may include termination of employment.

 

Peak does have the right to take disciplinary action with an employee or contractor who makes a report without a reasonable, good-faith belief in the truth and accuracy of the information or who knowingly makes a false report or provides false information. The Company may take similar action where an employee seeks resolution outside the Company – for example, through the media – without using the internal reporting mechanisms that are available through this Policy.

 

Management response

 

Peak has engaged an independent external service for receiving and forwarding reports on questionable business practices. All reports shall be received and investigated jointly by the Chief Operating Officer and the Vice President, Human Resources and Administration. Oversight is provided by the President and Chief Executive Officer, the Chief Financial Officer and a designated member of Peak’s external legal counsel, all of whom have read-only access to all reports received from the service provider. Any reports that involve a member of senior management are routed by the service provider directly to Peak’s legal counsel for investigation.

 

Where an employee makes a report directly to a member of management, the recipient of the report is responsible for informing the Chief Operating Officer and the Vice President, Human Resources and Administration, who shall ensure there is appropriate follow-up and response. The Chief Financial Officer is responsible for maintaining a record of all reports received and their resolution, and for providing a quarterly summary report to the board of directors.

 

All reports under this Policy will be investigated and all information disclosed during the course of the investigation will remain confidential, except as necessary to conduct the investigation and take any remedial action and subject to applicable law.

 

PROCEDURE

 

How to report a concern

 

You are encouraged to report any concern you might have about questionable business or ethical practices in the Company. You should provide as much specific information as possible including names, dates, places and events that took place, and your perception of why the incident(s) may be an ethical violation and what action you would recommend be taken.

 

There are four ways to make a report. You can:

 

·         Speak directly to any member of Peak’s senior management.

·         Telephone the confidential support line at 1-800-661-9675.

·         Contact the external service provider by clicking on the “confidence line” link on Peak’s Intranet website.

·         Go to the independent secure website at www.peakenergy-eweb.com.

 

How to report suspected retaliation

 

Peak prohibits retaliation against any employee who reports in good faith a concern about questionable ethical behavior. If you have made such a report and believe you have been subjected to retaliation of any sort for having done so, please advise the Vice President, Human Resources and Administration or any senior officer of the Company.