Customer Service
Accessibility Policy

Phoena Inc. (“the Company”) fully supports the inclusion of persons with disabilities in all of its operations. In accordance with the requirements of the Accessibility of Ontarians with Disability Act, 2005 (“AODA”) and the Ontario Human Rights Code, the Company strives to conduct business in a way that is accessible, inclusive, and responsive to the needs of persons with disabilities.

All goods and services provided by Phoena Inc. will follow the principles of dignity, independence, integration, and equal opportunity.

This policy has been prepared to outline what the Company must do to comply with the customer service standards included in the Integrated Accessibility Standards Regulation under the Accessibility for Ontarians with Disabilities Act, 2005. It applies to the provision of goods and services to the public or other third parties, not to the goods themselves.

This policy, the information it contains, and all documents required by the AODA Customer Service Standards, are available in alternate formats upon request.

 

DEFINITIONS

Assistive device: A technical aid, communication device, or other instrument that is used to maintain or improve the functional abilities of people with disabilities.

Personal assistive devices are typically devices that customers bring with them, such as a wheelchair, walker, or a personal oxygen tank, and that might assist in hearing, seeing, communicating, moving, breathing, remembering, or reading.

Disability: As defined by the Accessibility for Ontarians with Disabilities Act, 2005, and the Ontario Human Rights Code, refers to:

  • Any degree of physical disability, infirmity, malformation, or disfigurement that is caused by bodily injury, birth defect, or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device;
  • A condition of mental impairment or a developmental disability;
  • A learning disability, or dysfunction in one or more of the processes involved in understanding or using symbols or spoken language;
  • A mental disorder; or
  • An injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997.

Guide dog: A highly trained working dog that has been trained at one of the facilities listed in Ontario Regulation 58 under the Blind Persons’ Rights Act, to provide mobility, safety, and increased independence for people who are blind.

Service animal: A service animal for a person with a disability if:

  1. The animal can be readily identified as one that is being used by the person for reasons relating to the person’s disability, as a result of visual indicators such as the vest or harness worn by the animal; or
  2. The person provides documentation from a member of one of the following regulated health professional colleges confirming that the person requires the animal for reasons relating to the disability:
  • College of Audiologists and Speech-Language Pathologists of Ontario;
  • College of Chiropractors of Ontario;
  • College of Nurses of Ontario;
  • College of Occupational Therapists of Ontario;
  • College of Optometrists of Ontario;
  • College of Physicians and Surgeons of Ontario;
  • College of Physiotherapists of Ontario;
  • College of Psychologists of Ontario; or
  • College of Registered Psychotherapists and Registered Mental Health Therapists of Ontario.

Support person: In relation to a person with a disability, another person who accompanies them in order to help with communication, mobility, personal care, medical needs, or access to goods and services.

 

GUIDELINES
The Provision of Goods and Services to Persons with Disabilities
Phoena Inc. will make every reasonable effort to ensure that its policies, practices, and procedures are consistent with the principles of dignity, independence, integration, and equal opportunity by:

  • Ensuring that all customers receive the same value and quality;
  • Allowing customers with disabilities to do things in their own ways, at their own pace when accessing goods and services, as long as this does not present a health and safety risk;
  • Using alternative methods when possible to ensure that customers with disabilities have access to the same services, in the same place and in a similar manner;
  • Taking into account individual accommodation needs when providing goods and services; and
  • Communicating in a manner that takes into account the customer’s disability.

The Use of Assistive Devices
Customer’s Own Assistive Devices
Persons with disabilities may use their own assistive devices as required when accessing goods or services provided by the company.
In cases where the assistive device presents a health and safety concern or where accessibility might be an issue, other reasonable measures will be used to ensure the access of goods and services, up to the point of undue hardship.

Guide Dogs and Service Animals
A customer with a disability who is accompanied by a guide dog or service animal will be allowed access to premises that are open to the public unless otherwise excluded by law. “No pet” policies do not apply to guide dogs or service animals.
Staff may respectfully ask if an animal is a service animal and will not ask the nature of the person’s disability or purpose of the animal.
Exclusion Guidelines
If a customer’s guide dog or service animal is excluded by law (see applicable laws below), Phoena Inc. will offer alternative methods to enable the person with a disability to access goods and services, when possible. For example, the company might accommodate a customer’s disability by securing the animal in a safe location and offering the assistance of an employee to facilitate the delivery of goods and services.
Applicable Laws
Dog Owners’ Liability Act, 2005: If there is a conflict between a provision of this legislation or of a regulation under this or any other act relating to banned breeds (such as pit bulls) and a provision of a by-law passed by a municipality relating to these breeds, the provision that is more restrictive in relation to controls or bans on these breeds prevails. Staff will respectfully explain that the service animal must be removed from the public area due to a municipal by-law and make alternate arrangements or provide the service outside the public area.
Recognizing a Guide Dog or Service Animal:
If it is not readily apparent that the animal is being used by the customer for reasons relating to their disability, Phoena Inc. may request verification from the customer.
Care and Control of the Animal:
The customer who is accompanied by a guide dog or service animal is responsible for maintaining care and control of the animal at all times.
Allergies and Other Health and Safety Concerns
If a health and safety concern presents itself, for example, in the form of a severe allergy to the animal, Phoena Inc. will make all reasonable efforts to meet the needs of all individuals. Pursuant to the company’s obligations under the Human Rights Code and the Occupational Health and Safety Act, each customer’s accommodation needs will be considered on a case-by-case basis, up to the point of undue hardship.
Due diligence needs to be paid to address health and safety requirements. For example, if a person’s health and safety could be seriously affected by the presence of a service animal on the premises open to the public, management must fully analyze all options for safely accommodating the service animal. Options could include creating distance between the two individuals to eliminate in-person contact, changing the time the two individuals receive service, or using air purifiers and other measures that could allow the person to use their service animal on the premises.
In very exceptional circumstances where a service animal becomes out of control, causing a clear disruption or a threat to the health and safety of others, and the animal’s behaviour is not corrected by the owner, a person with a disability can be asked to remove their service animal from the premises.
As a courtesy, particularly if the person and service animal have been in attendance on the premises for a long time, staff may ask whether the animal requires water, may designate an area in which the service animal can relieve itself, or ask whether the staff can be of assistance pertaining to the service animal.

The Use of Support Persons
If a customer with a disability is accompanied by a support person, Phoena Inc. will ensure that both persons may enter the premises together and that the customer is not prevented from having access to the support person.
There may be times where seating and availability prevent the customer and support person from sitting beside each other. In these situations, the company will make every reasonable attempt to resolve the issue.
In situations where confidential information might be discussed, consent will be obtained from the customer before any potentially confidential information is mentioned.

Notice of Disruptions in Service
Service disruptions may occur for reasons that may or may not be within the control or knowledge of Phoena Inc. In the event of any temporary disruptions to facilities or services that customers with disabilities rely on to access or use goods or services, reasonable efforts will be made to provide advance notice. In some circumstances, such as in the situation of unplanned temporary disruptions, advance notice may not be possible.
If a notification needs to be posted, the following information will be included unless it is not readily available or known:

  • Goods or services that are disrupted or unavailable;
  • Reason for the disruption;
  • Anticipated duration; and
  • A description of alternative services or options.

Notification Options
When disruptions occur, Phoena Inc. will provide notice by:

  • Posting notices in conspicuous places, including at the point of disruption, at the main entrance, and the nearest accessible entrance to the service disruption, or on the company website;
  • Verbally notifying customers when they make a reservation or appointment; or
  • By any other method that may be reasonable under the circumstances.

Customer Feedback
Phoena Inc. shall provide customers with the opportunity to provide feedback on the service provided to customers with disabilities.

We welcome your comments and feedback. If you would like to share your thoughts regarding the Company’s AODA policies, practices, and procedures, please contact us at info@phoena.com.

If email is not a suitable method of communication for you, please contact us either via phone at 1-855-794-2266 or via our mail at: 3280 Langstaff Road, Unit 1, Vaughan, Ontario L4K 5B6.

Privacy will be respected and all feedback will be reviewed for action as necessary.

Submitting Feedback
Customers who wish to provide feedback by completing an onsite customer feedback form or verbally can do so to any Phoena Inc. employee.

Customers who provide formal feedback will receive acknowledgement of their feedback, along with any resulting actions based on concerns or complaints that were submitted.

Training
Training will be provided to:

  • Every employee of or a volunteer with Phoena Inc.;
  • Every person who participates in developing the policies of Phoena Inc.; and
  • Every other person who provides goods, services, or facilities on behalf of Phoena Inc.

Training Provisions
Regardless of the format, training will cover the following:

  • A review of the purpose of the Accessibility for Ontarians with Disabilities Act, 2005;
  • A review of the requirements of the customer service standards;
  • Instructions on how to interact and communicate with people with various types of disabilities;
  • Instructions on how to interact with people with disabilities who:
  • Use assistive devices;
  • Require the assistance of a guide dog or other service animal; or
  • Require the use of a support person;
  • Instructions on how to use equipment or devices that are available at our premises or that we provide that may help people with disabilities;
  • Instructions on what to do if a person with a disability is having difficulty accessing our services; and
  • Policies, procedures, and practices of the company pertaining to providing accessible customer service to customers with disabilities.

Training Schedule
Phoena Inc. will provide training as soon as practicable. Training will be provided to new employees, volunteers, agents, and contractors during orientation. Revised training will be provided in the event of changes to legislation, procedures, policies, or practices.

Record of Training
Phoena Inc. will keep a record of training that includes the dates training was provided and the number of employees who attended the training.

Notice of Availability and Format of Documents to Customers
Phoena Inc. shall notify customers that the documents related to the customer service standards are available upon request and in a format that takes into account the customer’s disability. Notification will be given by posting the information in a conspicuous place owned and operated by Phoena Inc., the website of Phoena Inc., and any other reasonable method.

Administration
If you have any questions, concerns or requests, please contact Phoena Human Resources at 1-855-794-2266 or info@phoena.com.

This policy and its related procedures will be reviewed as required in the event of legislative changes or changes to company procedures.

Corné Melissen

Interim Chief Executive Officer

Corné Melissen is the Interim CEO of Phoena. In March 2021 Corné founded Kenzoll, a Netherlands-based investment firm. Kenzoll in 2022 acquired a 90% equity interest in Phoena Holdings.

Corné has been in the private equity industry since 1991 when he started working for Dutch private equity firm Alpinvest. In parallel to his business career, he served as a reserve-officer in the Netherlands Army. He was mobilized as active-duty officer in various domestic and overseas deployments.

Since 2006 until 2021 he was a partner at Dutch private equity firm Ramphastos Investments. In 2021 Kenzoll carved out part of the Ramphastos portfolio (mostly energy and technology assets) in a buy-out.  Corné still serves as a non-executive director on the board of some Ramphastos owned investee companies, like US biometrics firm Lumenvox and upstream oil firm Mazarine Energy.

Corné has been involved in an extensive list of mostly special situation acquisitions across the globe, ranging from technology, energy, mining and retail (HEMA). Mr. Melissen holds a master’s degree in Economics from the University of Amsterdam.

DAN HOGAN

Dan Hogan is a seasoned executive with over 40 years of experience in consumer products companies. Hogan has strong operations, finance and executive leadership skills, as well as extensive experience in restructuring, remediation, continuous improvement, and strategic development.

Hogan is the former Head of Strategic Priorities at Phoena. His career spans multiple senior roles, including CEO of eBags Inc., COO and CFO of the Coleman Company, as well as senior international roles at Georgia-Pacific and World Kitchen.

GREG GUYATT

Greg Guyatt has more than 20 years of experience leading high-performing teams across the cannabis, CPG, retail, pharmaceutical and private equity sectors.

Guyatt is the current CEO of Phoena, following roles as our CFO, CFO of GreenSpace Brands Inc. and increasingly senior roles at Sears Canada.

Guyatt has extensive knowledge across governance, strategic planning, risk management, financial reporting and treasury, as well as a wealth of M&A and capital markets expertise, having begun his career at Deloitte, before spending several years as an investment banker with UBS in the United Kingdom.

DAVID BLAIR, CPA, CA

Chief Financial Officer

David Blair is the Chief Financial Officer of Phoena. Mr. Blair joined the business in October 2019 as the VP of Finance and leads all areas of the company’s financial planning, risk management, record-keeping, and reporting.

An accomplished executive, Mr. Blair has extensive public company controllership, operational and financial strategy experience. Prior to Phoena, Mr. Blair spent 18 years at Wajax, a Canadian distributor of equipment, power systems and industrial machinery, as a corporate controller, following 7 years as a financial analyst with companies including JD Edwards, Apple Inc. and Marion Merrell Dow.

Mr. Blair has a Bachelors in Mathematics from the University of Waterloo and also holds a CPA, CA designation.

SHAWNA PAGE

Director

Ms. Page brings years of experience in both the capital markets, as well as the consumer retail markets.

Ms. Page spent 10 years working at Merrill Lynch Canada, followed by 10 years at TD Securities where she was Managing Director and Chief of Staff.

In 2007, Shawna launched a unique mass-channel brand of gender-specific and condition-specific products into the highly regulated nutraceutical industry across Canada, and later in various international markets, which she successfully exited in November 2016.

MARK DAWBER, FCPA, FCA

Director

Mr. Dawber is a FCPA with significant public accounting experience having been an Audit Partner at Moore Stephens Hyde Houghton from 1971 until 1998 and BDO Canada LLP from 1999 to 2000.

He has extensive public company experience having served on public company boards for many years as an independent director, chair of audit committees and as a member of governance and compensation committees.

He has conducted numerous assignments for the Institute of Chartered Accountants of Ontario’s Professional Conduct Committee.

MITCHELL SANDERS

Director

Senior Partner at Goldman, Spring, Kichler & Sanders LLP, an established boutique commercial law firm in Toronto.

Specializes in corporate finance, mergers and acquisitions, and securities law to mid-market clients in Canada and the US.

Serves on the board of numerous companies and not-for-profit entities.

Former member of the Small Business Advisory Committee to the Ontario Securities Commission and TEC, an international organization of CEO’s.

ROBERT MARCOVITCH

Chairman of the Board

Mr. Marcovitch is a seasoned chief executive with substantial business experience, managing companies with in excess of $1 billion dollars in revenue.

Until recently, he was the President and CEO of K2 Sports, an international developer, manufacturer, marketer and distributor of winter sports equipment (and was previously with K2 from 1999 to 2011). His responsibilities included managing factories in Europe, the USA and Asia.

He was previously the Chief Executive Officer at The Coleman Outdoor Company from 2011 until 2015, and prior to that, was Chief Executive Officer and President of Ride, Inc. from 1994 to 1999, which prior to its acquisition by K2 was a large publicly traded company.

ANNA JAKOBSMEIER

Senior Director, Production

Anna Jakobsmeier is the Senior Director of Production, leading Phoena’s Vaughan Manufacturing Facility.

She began her tenure with Phoena in 2016, overseeing the extraction department and was responsible for launching our award-winning cannabis oils and capsules. In her time with the business, Anna has taken on increasingly more senior roles within the business and currently manages all production and manufacturing projects in our Vaughan facility. Anna has simultaneously led a number of special projects for the business, notably leading the redesign and renovation of Phoena’s GPP facility, while successfully maintaining operations.

Ms. Jakobsmeier brings significant international experience to the Phoena team having worked in numerous Countries in the beverage alcohol and agriculture industries, across operations and logistics roles.

When she isn’t travelling or exploring music and arts festivals, Anna enjoys spending time at home with her puppy Ralphie.

DAVID HAMBY

Chief Operating Officer

As an experienced farmer, David Hamby oversees the growing operation at Phoena’s greenhouse facility in Pelham, ON. Prior to joining the business, David was the President of Operations at the Cambridge Towel Companies where he was responsible for the oversight of manufacturing operations in Ontario, North Carolina and South Carolina.

He is also an inventor and holds the US and Canadian patent for an institutional towel format.

David obtained the rank of Sergeant First Class in the US Armed Forces and a Vietnam veteran, having spent five years in active duty and eight years in the Reserve.

CHARL VAN RENSBURG

VP, Sales and Business Development

Charl van Rensburg is the Vice President of Sales and Business Development. In his role, he will be responsible for managing all recreational, medical, and international sales, as well as driving existing and new product growth. He is a passionate and collaborative senior sales leader with 20+ years of international sales and business development experience in various sectors and regulated industries – including Consumer Packaged Goods and Beverage Alcohol.

Prior to joining Phoena, Charl gained vast experience working his way up in multinational organizations (including British American Tobacco, MolsonCoors Canada and Brown – Foreman) where he contributed strategically, operational and tactically to help drive and achieve corporate objectives. Brands he has managed include Jack Daniel’s, Heineken, Miller, Corona, Coors Light, Molson Canadian as well as du Maurier, Dunhill, Marlboro, Lucky Strike and Vogue.

Charl’s educational background lies in Business Administration and Marketing Management.

JEFFERY ZIETLOW, MBA

SVP & Chief Commercial Officer

Jeffrey Zietlow is the Chief Commercial Officer at Phoena where he leads the company’s marketing, sales, and innovation strategy. He began his tenure with Phoena as the Vice President of Marketing during which the company was recognized at the 2018 Licensed Producer of the Year.

Jeffery’s has vast experience as a senior marketing executive with broad operational expertise in corporate strategy, business development, supply chain and operations. Prior to joining Phoena, Jeffery provided executive leadership at Mill Street Brewery as the Vice President of Marketing. Prior to that, Jeffery was the Director of Marketing at Mother Parkers Tea and Coffee where he developed the vision, led the creation and launch of the new single serve beverage business, RealCup™, compatible with Keurig brewing systems, which grew exponentially over the first 24 months. It was during this time he developed a talent for building cross-functional teams and lead new product innovations.

His career began at Kraft Foods Canada where he excelled through a variety of positions in manufacturing, supply chain, strategy and growth before taking the reigns as director of marketing where he led strategy and business leadership of Premium and Super Premium Coffee Categories, including Nabob, Starbucks and Tassimo.

Jeffery earned his undergraduate degree in engineering from McGill University and later went on to earn his MBA from the Rotman school of Management at the University of Toronto.

DR. ILANA PLATT, PhD

SVP & Chief Regulatory Officer - RP & A/QAP

Dr. Ilana Platt is the Chief Regulatory Officer at Phoena.

She began her tenure with Phoena in 2013, overseeing all aspects of Regulatory Affairs, Quality Assurance, Analytical Sciences, and R&D.  Dr. Platt was instrumental in obtaining numerous key licenses for the company including the original licenses to grow, manufacture, and sell dried cannabis; to manufacture and sell cannabis oil; and the rarely issued Controlled Drugs and Substances licence, which permitted the company to conduct research on cannabis at a time when research activities were not permitted under the governing cannabis regulations.

Dr. Platt’s illustrious career includes more than 12 years as a regulatory science, regulatory affairs and quality assurance professional.  Her 18 years of research experience is vast, and covers clinical, animal, cell research and R&D.

Dr. Platt earned her BSc. At McMaster University in biochemistry and her PhD at the University of Toronto in medical sciences.  Following her PhD studies, Dr. Platt completed a Fellowship at Harvard Schools of Medicine and Dental Medicine.  Dr. Platt is the recipient of 13 national and international awards, including a post-graduate scholarship from the Natural Sciences and Engineering Research Council of Canada.

GREG GUYATT, CPA, CA

Chief Executive Officer

Greg Guyatt is the Chief Executive Officer of Phoena. He joined the business in February 2019 as Chief Financial Officer. Previously, he served as the CFO of GreenSpace Brands. Inc., a Canadian-based premium natural food product company, and brings more than 20 years of experience leading high-performing finance teams from the CPG, pharmaceutical and private equity sectors.

From 2009 through 2016, he held increasingly senior finance roles at Sears Canada, and prior to that spent seven years in the pharmaceutical industry. In these roles, he had responsibility for a broad portfolio of financial operations including governance, audit and risk management, financial reporting, treasury and strategic planning, and has a wealth of M&A and capital markets expertise.

He began his career at Deloitte, followed by several years as an investment banker with UBS in the United Kingdom. Mr. Guyatt holds a B.Comm from Mount Allison University, and a CPA, CA designation.