Canada Basketball Member Equity, Diversity, and Inclusion (EDI) Pledge
- We pledge to provide an accessible, inclusive, and welcoming basketball environment for all.
- We will ensure everyone feels safe and that they belong, regardless of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.
- We firmly stand against any form of racism, discrimination, or harassment.
- We will strive to provide programming that targets underrepresented groups, while reducing systemic and overt barriers to participation.
- We commit to ongoing education to promote equity, diversity, inclusion, and accessibility.
1.1.1 - Code of Conduct
- For a full list of definitions related to this Code of Conduct, please visit this link.
- The purpose of this Code of Conduct (“Code”) is to ensure a safe and positive environment (within club programs, activities, and events) by making all individuals aware that there is an expectation, at all times, of appropriate behaviour.
- Jump Play Learn Canada (the club) is committed to providing an environment in which all individuals are treated with respect. It supports equal opportunity and prohibits discriminatory practices. Individuals are expected to conduct themselves at all times in a manner that shows respect, integrity, and fairness to all.
- Conduct that violates this Code may be subject to sanctions from the club, Provincial/Territorial Sport Organization, or Canada Basketball.
Application of this Code
- This Code applies to conduct that may arise during the course of club business, activities, and events, including but not limited to: its administrative environment, competitions, practices, training camps, tryouts, travel, and any meetings of the club.
- This Code also applies to the conduct of individuals that may occur outside of the club’s business, activities, events, and meetings when such conduct adversely affects relationships within the club and is detrimental to the image and reputation of the club.
- All Individuals have a responsibility to:
- Maintain and enhance the dignity and self-esteem of club members and other individuals by:
- Demonstrating respect to individuals regardless of body type, physical characteristics, athletic ability, gender, ancestry, colour, ethnic or racial origin, nationality, national origin, sexual orientation, age, marital status, religion, religious belief, political belief, disability, or economic status;
- Focusing comments or criticism appropriately and avoiding public criticism of athletes, coaches, officials, organizers, volunteers, employees, and members;
- Consistently demonstrating the spirit of sportsmanship, sport leadership, and ethical conduct;
- Acting, when appropriate, to prevent or correct practices that are unjustly discriminatory;
- Consistently treating individuals fairly and reasonably;
- Ensuring adherence to the rules of basketball and the spirit of those rules.
- Refrain from any behaviour that constitutes harassment, where harassment is defined as comment or conduct directed towards an individual or group, which is offensive, abusive, racist, sexist, degrading, or malicious. Types of behaviour that constitute harassment include, but are not limited to:
- Written or verbal abuse, threats, or outburst;
- Displaying visual material which is offensive or which one ought to know is offensive in the circumstances;
- Unwelcome remarks, jokes, comments, innuendo, or taunts;
- Leering or other suggestive or obscene gestures;
- Condescending or patronizing behaviour which is intended to undermine self-esteem, diminish performance or adversely affect working conditions;
- Practical jokes which cause awkwardness or embarrassment, endanger a person’s safety, or negatively affect performance;
- Any form of hazing where hazing is defined as “Any potentially humiliating, degrading, abusive, or dangerous activity expected of a junior-ranking participant by a more senior person, which does not contribute to either’s positive development, but is required to be accepted as part of a team, regardless of the junior-ranking person’s willingness to participate. This includes, but is not limited to, any activity, no matter how traditional or seemingly benign, that sets apart or alienates any teammate based on class, number of years on the team, or athletic ability.”
- Unwanted physical contact including, but not limited to, touching, petting, pinching, or kissing;
- Unwelcome sexual flirtations, advances, requests, or invitations;
- Physical or sexual assault;
- Behaviours such as those described above that are not directed towards a specific individual or group but have the same effect of creating a negative or hostile environment;
- Retaliation or threats of retaliation against an individual who reports harassment to the club.
- Refrain from any behaviour that constitutes sexual harassment, where sexual harassment is defined as unwelcome sexual comments and sexual advances, requests for sexual favours, or conduct of a sexual nature. Types of behaviour that constitute sexual harassment include, but are not limited to:
- Sexist jokes;
- Displaying sexually offensive material;
- Sexually degrading words used to describe a person;
- Inquiries or comments about a person’s sex life;
- Unwelcome sexual flirtations, advances, or propositions;
- Persistent unwanted contact.
- Abstain from the non-medical use of drugs or the use of performance-enhancing drugs or methods. More specifically, the club adopts and adheres to the Canadian Anti-Doping Program. Any infraction under this program shall be considered an infraction of this Code and shall be subject to disciplinary action, and possible sanction. The club will respect any penalty enacted pursuant to a breach of the Canadian Anti-Doping Program, whether imposed by the Provincial/Territorial Sport Organization, Canada Basketball, or any other sport organization.
- Refrain from associating with any person for the purpose of coaching, training, competition, instruction, administration, management, athletic development or supervision of the sport of competitive basketball, who has incurred an anti-doping rule violation and is serving a sanction involving a period of ineligibility imposed pursuant to the Canadian Anti-Doping Program and/or the World Anti-Doping Code and recognized by the Canadian Centre for Ethics in Sport (CCES).
- Refrain from the use of power or authority in an attempt to coerce another person to engage in inappropriate activities.
- In the case of adults, avoid consuming alcohol in situations where minors are present, and take reasonable steps to manage the responsible consumption of alcoholic beverages in adult-oriented social situations associated with club events.
- Respect the property of others and not willfully cause damage.
- Promote basketball in the most constructive and positive manner possible.
- Adhere to all federal, provincial, municipal, and host country laws.
- Comply at all times with the bylaws, policies, procedures, rules and regulations of the club, as adopted and amended from time to time.
Board/Committee Members and Staff
- In addition to paragraph 6 of the Code of Conduct (above), Board and Committee Members and Staff will:
- Function primarily as a member of the board and/or committee(s) of the club; not as a member of any other particular member or constituency
- Act with honesty and integrity and conduct themselves in a manner consistent with the nature and responsibilities of club business and the maintenance of member confidence
- Ensures that the financial affairs of the club are conducted in a responsible and transparent manner with due regard for their fiduciary responsibilities
- Conduct oneself openly, professionally, lawfully, and in good faith in the best interests of the club
- Be independent and impartial and not be influenced by self-interest, outside pressure, expectation of reward or fear of criticism
- Behave with decorum appropriate to both circumstance and position and be fair, equitable, considerate, and honest in all dealings with others
- Keep informed about the activities of the club, the provincial sport community, and general trends in the sectors in which it operates
- Exercise the degree of care, diligence, and skill required in the performance of their duties pursuant to the laws under which the club is governed
- Respect the confidentiality as appropriate to issues of a sensitive nature
- Ensure that all members are given sufficient opportunity to express opinions, and that all opinions are given due consideration and weight
- Respect the decisions of the majority and resign if unable to do so
- Commit the time to attend meetings and to be diligent in preparation for, and participation in, discussions at such meetings
- Have a thorough knowledge and understanding of all club governance documents
- Conforms to the bylaws and policies approved by the club, in particular this Code of Conduct and subsequent policies.
- In addition to paragraph 6 of the Code of Conduct (above), teams will:
- Deliver their services in compliance with the constitution, bylaws, policies, rules, regulations and procedures of the club
- Ensure that all athletes and coaches participating in sanctioned competitions are registered members, in Good Standing, of their respective teams.
- Engage only authorized coaches and sanctioned athletes.
- Do your best to see that all players are given the same chance to participate, regardless of gender, ability, ethnic background or race.
- Become familiar with the club’s Policies and Procedures and ensure that all others involved are aware of them as well.
- Incorporate Fair Play into team activities both on and off the court.
- Ensure that all equipment and facilities are safe and match the athlete’s ages and abilities.
- Ensure that the age and maturing level of the participants are considered in program development, rule enforcement and scheduling.
- Remember that play is done for its own sake and make sure that winning is kept in proper perspective.
- Remember that you are in a position of authority and will use best judgment that is in the best interests of the children and for the game of basketball.
- In addition to paragraph 6 of the Code of Conduct (above), coaches have additional responsibilities. The coach-athlete relationship is a privileged one and plays a critical role in the personal, sport, and athletic development of the athlete. Coaches must understand and respect the inherent power imbalance that exists in this relationship and must be extremely careful not to abuse it, consciously or unconsciously. Coaches will:
- Meet the highest standards of credentials, integrity and suitability, including but not limited to such considerations established by the Club Screening Policy, so that the community is satisfied it has minimized the risk of an unsafe environment
- Report any ongoing criminal investigation, conviction or existing bail conditions, including those for violence; child pornography; or possession, use or sale of any illegal substance
- Under no circumstances provide, promote or condone the use of drugs (other than properly prescribed medications) or performance-enhancing substances and, in the case of minors, alcoholic beverages, cannabis, and/or tobacco
- Respect all other teams and athletes from other teams and, in dealings with them, not encroach upon topics or actions which are deemed to be within the realm of ‘coaching’, unless first receiving approval from the coach who is responsible for the team or athlete(s) involved
- Not engage in a intimate / sexual / romantic relationship with an athlete of under the age of 18 years, or an intimate / sexual / romantic relationship with an athlete over the age of 18 if the coach is in a position of power, trust or authority over such athlete
- Recognize the power inherent in the position of coach and respect and promote the rights of all participants in sport. This is accomplished by establishing and following procedures for confidentiality (right to privacy), informed participation, and fair and reasonable treatment. Coaches have a special responsibility to respect and promote the rights of participants who are in a vulnerable or dependent position and less able to protect their own rights
- Dress professionally, neatly, and inoffensively
- Use inoffensive language, taking into account the audience being addressed
- Be reasonable when scheduling practices and games. I will remember the other interests and obligations of my players.
- Teach players to play fair and respect the rules of the game as they are written.
- Ensure that all players get equal instruction and support.
- Recognize and reward all achievements other than just scoring points.
- Never ridicule or yell at my players for making mistakes, performing poorly or losing. I will remember that children play to have fun and satisfaction and must be encouraged to have confidence in themselves.
- Ensure that equipment and facilities meet safety standards and are appropriate for my player’s age and size.
- Teach your team to respect the opposing teams, judgment of the referees and other administrators and will lead by example.
- Follow a physician’s advice to decide when injured players are ready to play again.
- Remember that children need a coach they can respect. I will be generous with deserved praise and set a good example.
- Keep informed on sound coaching techniques based on the principles of growth and development of children and continue to upgrade my coaching skills.
- Plan your season in advance and ensure I share it with my players and parents, particularly at the beginning of the season.
- In addition to paragraph 6 of the Code of Conduct (above), athletes will have additional responsibilities to:
- Report any medical problems in a timely fashion, where such problems may limit the athlete’s ability to travel, train or compete
- Participate and appear on time, well-nourished and prepared to participate to one’s best abilities in all competitions, practices, training sessions, events, activities, or projects
- Properly represent oneself and not attempt to enter a competition for which one is not eligible, by reason of age, classification, or other reason
- Adhere to the club’s rules and requirements regarding clothing and equipment
- Never ridicule a participant for a poor performance or practice
- Act in a sportsmanlike manner and not display appearances of violence, foul language, or gestures to other players, officials, coaches, or spectators
- Dress in a manner representative of the club with focus being on neatness, cleanliness, and discretion.
- Act in accordance with the club’s policies and procedures and, when applicable, additional rules as outlined by coaches or chaperones
- Participate because you want to, not just because parents or coaches want you to.
- Play the game for the game’s sake. Be generous when I win and be gracious when you lose.
- Play by the rules of basketball and in the spirit of the game.
- Control your temper and understand that fighting and “mouthing off” can spoil the game for everybody and is unacceptable.
- Respect your opponents.
- Do your best to be a true team player and work for the good of the team.
- Remember that having fun, improving skills, making friends and doing my best are more important than just winning games.
- Remember that coaches and officials are there to help me and accept their decisions and show them respect.
- Acknowledge all good plays / performances – those of your team and of your opponents.
Parents/Guardians and Spectators
- In addition to paragraph 6 of the Code of Conduct (above), parents/guardians of individuals and spectators at events will:
- Encourage athletes to play by the rules and resolve conflicts without resorting to hostility or violence
- Never ridicule a participant for a poor performance or practice
- Respect the decisions and judgments of officials and encourage athletes to do the same
- Not question the judgment or honesty of an official or a club staff or board member
- Respect and show appreciation to all competitors and to the coaches, officials, and other volunteers who give their time to the sport
- Keep off of the competition area and not interfere with events or calls
- Not force your child or others to participate in basketball.
- Remember that children play organized sports for their own fun and benefit. They are not there to entertain, and they are NOT miniature professional athletes.
- Explain the importance of “Fair Play” to your child and their coach along with others involved in basketball.
- Encourage your child to play by the rules and to resolve conflicts without resorting to hostility or violence.
- Teach your child that doing one’s best is as important as winning, so your child will never feel defeated by the outcome of the game.
- Make your child feel like a winner every time by offering praise for competing fairly and trying hard.
- Never ridicule or yell at your child or coach for making a mistake or losing a game.
- Remember that children learn best by example and will applaud good plays by the home team and the visiting team.
- Be on your best behaviour at all times and will not use profane language or harass players, coaches, referees, administrators, volunteers or the opposing team.
- Never question the referee or coach’s judgment or honesty in public and will respect their decisions and involvement in my child’s development.
- Show respect for the visiting team – without them there would be no game.
- Make involvement in this basketball program for your child and others a positive experience.
- Condemn the use of violence and verbal abuse in all forms.
- Encourage players always to play according to the rules of basketball.
- Attempt to relieve the pressure of competition, not increase it. A child is easily affected by outside influences.
1.1.2 - Athlete Protection Guidelines
- The following terms have these meanings in these Guidelines:
- “Person in Authority” – An individual who holds a position of authority within the club including, but not limited to, coaches, managers, support personnel, chaperones, and directors
- “Vulnerable Participants” – Includes minors and vulnerable adults (people who, because of age, disability or other circumstance, are in a position of dependence on others or are otherwise at a greater risk than the general population of being harmed by people in positions of trust or authority)
- These athlete protection guidelines describe how Persons in Authority can maintain a safe sport environment for athletes.
Interactions between Persons in Authority and Athletes – Rule of Two
- For interactions between Persons and Authority and Athletes, the club strongly recommends the ‘Rule of Two’ for all Persons in Authority who interact with athletes. The ‘Rule of Two’ is a directive that says that an athlete must never be alone one-on-one with an unrelated Person in Authority.
- The club recognizes that fully implementing the ‘Rule of Two’ may not always be possible. Consequently, at a minimum, interactions between Persons in Authority and Athletes must respect the following:
- The training environment should be open and transparent so that all interactions between Persons in Authority and Athletes are observable
- Private or one-on-one situations must be avoided unless they are open and observable by another adult or Athlete
- Persons in Authority shall not invite or have an unrelated Vulnerable Participant (or Vulnerable Participants) in their home without the written permission and concurrent knowledge of the Vulnerable Participant's parent or guardian
- Vulnerable Participants must not be in any situation where they are alone with an unrelated Person in Authority without another screened adult or Athlete present unless prior written permission is obtained from the Vulnerable Participant’s parent or guardian
Practices and Competitions
- For practices and competitions, the club and its members recommends:
- A Person in Authority should never be alone with a Vulnerable Participant prior to or following a competition or practice unless the Person in Authority is the Vulnerable Participant’s parent or guardian
- If the Vulnerable Participant is the first Athlete to arrive, the Athlete’s parent should remain until another Athlete or Person in Authority arrives
- If a Vulnerable Participant would potentially be alone with a Person in Authority following a competition or practice, the Person in Authority should ask another Person in Authority (or a parent or guardian of another Athlete) to stay until all of the Athletes have been picked up. If an adult is unavailable, another Athlete, who is preferably not a Vulnerable Participant, should be present in order to avoid the Person in Authority being alone with a Vulnerable Participant
- Persons in Authority giving instructions, demonstrating skills, or facilitating drills or lessons to an individual Athlete should always do so within earshot and eyesight of another Person in Authority
- Persons in Authority and Athletes should take steps to achieve transparency and accountability in their interactions. For example, a Person in Authority and an Athlete who know they will be away from other Participants for a lengthy period of time must inform another Person in Authority where they are going and when they are expected to return. Persons in Authority should always be reachable by phone or text message
- For communication between Persons in Authority and Athletes, the club recommends:
- Group messages, group emails or team pages are to be used as the regular method of communication between Persons in Authority and athletes
- Persons in Authority may only send personal texts, direct messages on social media or emails to individual athletes when necessary and only for the purpose of communicating information related to team issues and activities (e.g., non-personal information)
- Electronic communication between Persons in Authority and Athletes that is personal in nature should be avoided. If such communication occurs, it must be recorded and available for review by another Person in Authority and/or by the Athlete’s parent/guardian (when the Athlete is a Vulnerable Participant)
- Parents and guardians may request that their child not be contacted by Persons in Authority using any form of electronic communication and/or to request that certain information about their child may not be distributed in any form of electronic communications
- All communication between Persons in Authority and athletes must be between the hours of 6:00am and midnight unless extenuating circumstances exist
- Communication concerning drugs or alcohol use (unless regarding its prohibition) is not permitted
- Persons in Authority are not permitted to ask athletes to keep a secret for them
- A Person in Authority should not become overly-involved in an athlete’s personal life
- For travel involving Persons in Authority and Athletes, the club recommends:
- Teams or groups of Athlete shall always have at least two Persons in Authority with them
- For mixed gender teams or groups of Athletes, there should be one Person in Authority from each gender
- Screened parents or other volunteers will be available in situations when two Persons in Authority cannot be present
- No Person in Authority may drive a vehicle alone with an Athlete unless the Person in Authority is the Athlete’s parent or guardian
- A Person in Authority may not share a room or be alone in a hotel room with an athlete unless the Person in Authority is the athlete’s parent or guardian
- Room or bed checks during overnight stays must be done by two Persons in Authority
- For overnight travel when athletes share a hotel room, roommates will be age-appropriate (e.g., within 2 years of age) and of the same gender identity
Locker Room / Changing Area / Meeting Room
- For locker rooms, changing areas and other closed meeting spaces, the club recommends:
- Interactions between a Person in Authority and an individual athlete should not occur in any room where there is a reasonable expectation of privacy such as the locker room, meeting room, restroom, or changing area. A second Person in Authority should be present for any necessary interaction in any such room
- If Persons in Authority are not present in the locker room or changing area, or if they are not permitted to be present, they should still be available outside the locker room or changing area and be able to enter the room or area if required
Photography / Video
- For all photography and video of an Athlete, the club recommends:
- Parents/guardians should sign a photo release form (i.e., as part of the registration process) that describes how an athlete’s image may be used by the club
- Photographs and video may only be taken in public view, must observe generally accepted standards of decency, and be both appropriate for and in the best interest of the athlete.
- The use of recording devices of any kind in rooms where there is a reasonable expectation of privacy is strictly prohibited.
- Examples of photos that should be edited or deleted include:
- Images with misplaced apparel or where undergarments are showing
- Suggestive or provocative poses
- Embarrassing images
- The club understands that some physical contact between Persons in Authority and athletes may be necessary for various reasons including, but not limited to, teaching a skill or tending to an injury. For physical contact, the club recommends:
- Unless it is not possible because of serious injury or other circumstance, a Person in Authority should always clarify with an athlete where and why any touch will occur. The Person in Authority must make clear that they are requesting to touch the athlete and not requiring the physical contact
- Infrequent, non-intentional physical contact, particularly contact that arises out of an error or a misjudgment on the part of the athlete during a training session, is permitted
- Making amends, such as an apology or explanation, is encouraged to further help educate athletes on the difference between appropriate and inappropriate contact
- Hugs lasting longer than 5 seconds, cuddling, physical horseplay, and physical contact initiated by the Person in Authority is not permitted. The club is aware that some younger athletes may initiate hugging or other physical contact with a Person in Authority for various reasons (e.g., such as crying after a poor performance), but this physical contact should always be limited.
Reporting Inappropriate Behaviour & Child Sexual Abuse
- The following are quick steps for reporting from the Canadian Centre for Child Protection’s Commit to Kids Program. This is not meant to be an exhaustive list or replace legal advice. Users are strongly encouraged to consult with any or all of child welfare, law enforcement, and legal counsel as appropriate to a given situation.
- Reporting Inappropriate Conduct
- A child discloses information or information is discovered indicating that a coach / volunteer may have acted inappropriately. Document the information.
- Coach who receives the report notifies the supervisor / manager. Document.
- Manager notifies the head of the organization.
- Consultation between the manager and the head of the organization to decide if concern is warranted. Document.
- If warranted, meet with accused coach / volunteer to discuss allegations and concerns. The individual is told about the complaint without disclosing the source. The individual is asked to respond to the allegation. Document.
- If the head of the organization determines that the nature of the conduct is not sufficiently serious to warrant formal action, the organization may choose to clarify expectations with the coach / volunteer as outlined in the Code of Conduct. Document.
- If the head of the organization determines that the nature of the conduct is sufficiently serious to warrant action, an internal follow-up takes place. Document.
- Organization conducts an internal follow up and is documented. Outcomes of the follow up:
- Inappropriate conduct is not substantiated. Follow internal policies. No further action necessary but organization may choose to take the opportunity to remind all coaches / volunteers of the Code of Conduct.
- Inappropriate conduct is substantiated. Next steps will depend on severity of the conduct, the nature of the information gathered during internal follow up, and other relevant circumstances (such as past inappropriate conduct of a similar nature). Varying levels of disciplinary action may be appropriate. For example, it may be prudent for an organization to report concerns to child welfare or law enforcement.
- Inconclusive. Next steps will need to be carefully considered and depend on the nature of the information gathered during the internal follow up. Work through options, assess the risk, and consult professionals as needed.
- Adequately supervise and monitor the coach / volunteer consistent with internal policies. Document.
- Note: Consider when/if the child’s parents should be notified about allegations of inappropriate conduct.
- Reporting Child Sexual Abuse
- Child discloses abuse or abuse is discovered with he adult involved in the abuse being a coach / volunteer. Document the information.
- Coach / volunteer who receives disclosure notifies law enforcement and/or child welfare about the incident; consults with child welfare about notifying parents; and notifies the supervisor / manager who in turn notifies the head of the organization. Document.
- Head of the organization / manager suspends the coach / volunteer suspected of abuse with or without pay until the case is resolved. Seek legal guidance prior to suspension and/or dismissal. If the individual is a volunteer or unpaid staff, consider if the individual should be dismissed from their position immediately. Document.
- A child welfare agency and/or police carry out investigation. Organization should conduct an internal follow up in consultation with police/child welfare and adjust internal policies if needed. Potential outcomes of investigation:
- Substantiated / guilty. Coach / volunteer is dismissed from their position.
- Inconclusive / not guilty. Seek legal counsel. Consider if coach / volunteer should be dismissed, with or without severance.
- Note: Criminal processes can be complex and lengthy. A finding of not guilty may not necessarily mean that the abuse did not occur. Consult with a lawyer for this and prior to suspension and/or dismissal.
- Document the outcome of the investigation on an incident report form. Document the results of the internal follow up.
1.1.3 - Background Screening Policy
- The following terms have these meanings in this Policy:
- “Criminal Record Check (CRC)” – A search of the RCMP Canadian Police Information Centre (CPIC) system for adult convictions
- “Local Police Information (LPI)” – additional conviction and selected non-conviction information in national and local police data sources which may be relevant to the position sought
- “Enhanced Police Information Check (E-PIC)” – a Criminal Record Check plus a search of local police information, available from SterlingBackcheck
- “Vulnerable Sector Check (VSC)” – a detailed check that includes a search of the RCMP Canadian Police Information Centre (CPIC) system, local police information, and the Pardoned Sex Offender database
- “Vulnerable Participants” – A person under the age of 18 years old and/or a person who, because of age, disability or other circumstance, is in a position of dependence on others or is otherwise at a greater risk than the general population of being harmed by people in positions of trust or authority
- Jump Play Learn Canada (the club) understands that screening personnel and volunteers is a vital part of providing a safe sporting environment and has become a common practice among sport organizations that provide programs and services to the community.
Application of this Policy
- This Policy applies to all individuals whose position with the club is one of trust or authority which may relate to, at a minimum, finances, supervision, or Vulnerable Participants.
- Not all individuals associated with the club will be required to obtain a criminal record check or submit screening documents because not all positions pose a risk of harm to the club or to its participants. The club will determine which individuals will be subject to screening using the following guidelines (The club may vary the guidelines at its discretion):
- Level 1 – Low Risk - Participants involved in low risk assignments who are not in a supervisory role, not directing others, not involved with finances, and/or do not have unsupervised access to Vulnerable Participants. Examples:
- Parents, youth, or volunteers who are helping out on a non-regular or informal basis
- Level 2 – Medium Risk – Participants involved in medium risk assignments who may be in a supervisory role, may direct others, may be involved with finances, and/or who may have limited access to Vulnerable Participants. Examples:
- Athlete support personnel
- Non-coach employees or managers
- Coaches who are typically under the supervision of another coach
- Level 3 – High Risk – Participants involved in high risk assignments who occupy positions of trust and/or authority, have a supervisory role, direct others, are involved with finances, and who have frequent or unsupervised access to Vulnerable Participants. Examples:
- Full time coaches
- Coaches who travel with athletes
- Coaches who could be alone with athletes
- The implementation of this policy is the responsibility of the club’s Screening Committee or other club designates such as a club president/board members if the club’s size warrants this.
- The Screening Committee is responsible for reviewing all documents submitted and, based on the review, making decisions regarding the appropriateness of individuals filling positions within the club. In carrying out its duties, the Screening Committee may consult with independent experts including lawyers, police, risk management consultants, volunteer screening specialists, provincial/territorial sport organization, or any other person.
- Nothing in this Policy restricts or limits the Screening Committee from requesting that the individual attend an interview with the Screening Committee if the Screening Committee considers that an interview is appropriate and necessary to screen the individual’s application.
- Nothing in this Policy restricts or limits the Screening Committee from requesting the individual’s authorization to contact any professional, sporting or other organization in order to assess the individual’s suitability for the position that they are seeking.
- Nothing in this Policy restricts or limits the Screening Committee from requesting further information from the individual on more than one occasion, subject to the individual’s right to insist that the Screening Committee make a decision on the basis of the information before it.
- The Screening Committee may, where appropriate, draw an adverse inference from an individual’s failure to provide information or answer queries.
- When assessing an individual’s screening application, the Screening Committee shall determine whether there is reason to believe that the individual may pose a risk to the club, or to another individual.
- An individual having been previously penalized for a prior offence shall not prevent the Screening Committee from considering that offence as part of the individual’s screening application.
- If the Screening Committee determines on the basis of the individual’s screening application, in addition to any further material received by it, that the individual does not pose a risk to the members of the club, the Screening Committee shall approve the individual’s application, subject to the Screening Committee’s right to impose conditions.
- In the case of a decision denying an application or approving an application with conditions, a copy of the decision shall be provided to the applicant and to the Board of Directors of the club which may disseminate the decision as they see fit in order to best fulfil the mandate of the club.
- A Participant whose screening application has been denied or revoked may not re-apply to participate in the programs or activities of the club for two (2) years from the date the rejected application was made Screening Requirements
- It is the club’s policy that when an individual is first engaged by the club:
- Level 1 individuals will:
- Complete a Screening Disclosure Form (Appendix A)
- Participate in training, orientation, and monitoring as determined by the club
- Level 2 individuals will:
- Complete a Screening Disclosure Form
- Complete and provide an E-PIC
- Participate in training, orientation, and monitoring as determined by the club
- Provide a driver’s abstract, if requested
- Level 3 individuals will:
- Complete a Screening Disclosure Form
- Complete and provide an E-PIC
- Participate in training, orientation, and monitoring as determined by the club
- Provide a driver’s abstract, if requested
- If an individual subsequently receives a charge, conviction for, or is found guilty of, an offense they will report this circumstance immediately to the club. Additionally, the individual will inform the club of any changes in their circumstance that would alter their original responses in their Screening Disclosure Form.
- If the club learns that an individual has provided false, inaccurate, or misleading information, the individual will immediately be removed from their position and may be subject to further discipline in accordance with club policy.
- The club defines a young person as someone who is younger than 18 years old. When screening young people, the club will:
- Not require the young person to obtain a VSC or E-PIC; and
- In lieu of obtaining a VSC or E-PIC, require the young person to submit up to two (2) letters of reference.
- Notwithstanding the above, the club may ask a young person to obtain a VSC or E-PIC if the club suspects the young person has an adult conviction and therefore has a criminal record. In these circumstances, the club will be clear in its request that it is not asking for the young person’s youth record. The club understands that it may not request to see a young person’s youth record.
- Unless the Screening Committee determines, on a case-by-case basis, to modify the submission requirements, individuals who are required to submit an E-PIC, Screening Disclosure Form, VSC, or Screening Renewal Form, are required to submit the documents as follows:
- An E-PIC every three years
- A Screening Disclosure Form every three years
- A Screening Renewal Form (Appendix B) every year
- A Vulnerable Sector Check once every three years
- At any time, including after either the submission of an individual’s application or its approval (with or without conditions), the Screening Committee may re-open an individual’s file for additional screening if it is advised of new information that, in the discretion of the club, could affect the assessment of the individual’s suitability for participation in the programs or activities of the club, or the individual’s interactions with other individuals involved with the club.
Orientation, Training, and Monitoring
- The type and amount of orientation, training, and monitoring will be based on the individual’s level of risk, at the club’s discretion.
- Orientation may include, but is not limited to: introductory presentations, facility tours, equipment demonstrations, parent/athlete meetings, meetings with colleagues and supervisors, orientation manuals, orientation sessions, and increased supervision during initial tasks or initial period of engagement.
- Training may include, but is not limited to: certification courses, online learning, mentoring, workshop sessions, webinars, on-site demonstrations, and peer feedback. Courses may include:
- Respect in Sport for Activity Leaders
- CAC Safe Sport Training
- Commit to Kids
- At the conclusion of orientation and training, the individual will be required to acknowledge, in written form (Appendix D), that they have received and completed the orientation and training.
- Monitoring may include but is not limited to: written or oral reports, observations, tracking, electronic surveillance (e.g., facility security cameras), and site visits.
How to Obtain an E-PIC or VSC
- Canada Basketball has joined the Coaching Association of Canada’s Responsible Coaching Movement and therefore has access to the E-PIC at a discounted rate. Participants can obtain an E-PIC via this link.
- In Ontario, it is understood that the Police Record Checks Reform Act, 2015 requires the individual to consent in writing before requesting a criminal record check (such as an E-PIC). The Act also requires the individual to consent in writing for any disclosure of the results to the requesting organization.
- In BC, the process for obtaining a Criminal Record Check is different than in other provinces and territories and sections of this policy relating to obtaining a Criminal Record Check may not apply. In such cases, the Screening Committee will provide individuals with directions pursuant to the following website: VIASport Free Criminal Records Checks
- Participants may only obtain a VSC by visiting an RCMP office or police station, submitting two pieces of government-issued identification (one of which must have a photo), and completing any required paperwork. Fees may also be required.
- Fingerprinting may be required if there is a positive match with the individual’s gender and birth date.
- The club understands that it may be required to assist an individual with obtaining a VSC. The club may need to submit a Request for VSC (Appendix C) or complete other documentation describing the nature of the organization and the individual’s role with vulnerable individuals.
- Screening documents must be submitted to the Screening Committee.
- An individual who refuses or fails to provide the necessary screening documents will be ineligible to volunteer or apply for the position sought. The individual will be informed that their application and/or position will not proceed until such time as the screening documents are submitted.
- The club understands that there may be delays in receiving the results of an E-PIC or a VSC. At its discretion, the club may permit the individual to participate in the role during the delay. The club may withdraw this permission at any time and for any reason.
- The club recognizes that different information will be available depending on the type of screening document that the individual has submitted. For example, an E-PIC may show details of a specific offense, or not, and/or a VSC may be returned with specific information or simply a notification indicating ‘cleared’ or ‘not cleared’. The Screening Committee will use its expertise and discretion when making decisions based on the screening documents that have been submitted and may request further screening documents if deemed necessary.
- Following the review of the screening documents, the Screening Committee will decide:
- The individual has passed screening and may participate in the desired position;
- The individual has passed screening and may participate in the desired position with conditions;
- The individual has not passed screening and may not participate in the desired position; or
- More information is required from the individual.
- In making its decision, the Screening Committee will consider the type of offense, date of offense, and relevance of the offense to the position sought.
- The Screening Committee may decide that an individual has not passed screening if the screening documentation reveals any of the following:
- If imposed in the last ten years:
- Any offense involving the use of a motor vehicle, including but not limited to impaired driving
- Any offense involving conduct against public morals
- Any offense involving theft or fraud
- If imposed at any time:
- Any offense involving a Minor or Minors
- Any offense of assault, physical or psychological violence
- Any offense involving trafficking or possession of illegal drugs
- Any offense involving the possession, distribution, or sale of any child-related pornography
- Any sexual offense
Conditions and Monitoring
- Excluding the incidents above which, if revealed, would cause the individual to not pass screening, the Screening Committee may determine that incidents revealed on an individual’s screening documents may allow the individual to pass the screening process and participate in a desired position with conditions imposed. The Screening Committee may apply and remove conditions at its discretion and will determine the means by which adherence to conditions may be monitored.
- All records will be maintained in a confidential manner and will not be disclosed to others except as required by law, or for use in legal, quasi-legal, or disciplinary proceedings.
- The records kept, which will be stored in a secure area, by the club as part of the screening process include but are not limited to:
- An individual’s Vulnerable Sector Check
- An individual’s E-PIC (for a period of three years)
- An individual’s Screening Disclosure Form (for a period of three years)
- An individual’s Screening Renewal Form (for a period of one year)
- Records of any conditions attached to an individual’s registration by the Screening Committee
- Records of any discipline applied to any individual by the club or by another sport organization
1.1.4 - Concussion Policy
- This Policy is based on the 5th Consensus Statement on Concussion in Sport that was released in April 2017. This Policy interprets the information contained in the report that was prepared by the 2017 Concussion in Sport Group (CISG), a group of sport concussion medical practitioners and experts, and adapts concussion assessment and management tools.
- The CISG suggested 11 ‘R’s of Sport-Related Concussion (“SRC”) management to provide a logical flow of concussion management. This Policy is similarly arranged. The 11 R’s in this Policy are: Recognize, Remove, Re-Evaluate, Rest, Rehabilitation, Refer, Recover, Return to Sport, Reconsider, Residual Effects, and Risk Reduction.
- A concussion is a clinical diagnosis that can only be made by a physician. Jump Play Learn Canada (the club) accepts no liability for participants or other individuals in their use or interpretation of this Policy.
- The following terms have these meanings in this Policy:
- “Participant” – Coaches, athletes, volunteers, officials, and other registered individuals
- “Registered Individuals” – All individuals employed by, or engaged in activities with the club, including but not limited to, employees, volunteers, administrators, committee members and directors and officers.
- “Suspected Concussion” – means the recognition that an individual appears to have either experienced an injury or impact that may result in a concussion or who is exhibiting unusual behaviour that may be the result of concussion.
- “Sport-Related Concussion (“SRC”) – A sport-related concussion is a traumatic brain injury induced by biomechanical forces. Several common features that may be used to define the nature of a SRC may include:
- Caused either by a direct blow to the head, face, neck or elsewhere on the body with an impulsive force transmitted to the head.
- Typically results in the rapid onset of short-lived impairment of neurological function that resolves spontaneously. However, in some cases, signs and symptoms evolve over a number of minutes to hours.
- May result in neuropathological changes, but the acute clinical signs and symptoms largely reflect a functional disturbance rather than a structural injury and, as such, no abnormality may be visibly apparent.
- Results in a range of clinical signs and symptoms that may or may not involve loss of consciousness. Resolution of the clinical and cognitive features typically follows a sequential course. However, in some cases symptoms may be prolonged.
- The club is committed to ensuring the safety of those participating in the sport of basketball. The club recognizes the increased awareness of concussions and their long-term effects and believes that prevention of concussions is paramount to protecting the health and safety of Participants.
- This Policy provides guidance in identifying common signs and symptoms of a concussion, protocol to be followed in the event of a possible concussion and return to participation guidelines should a concussion be diagnosed. Awareness of the signs and symptoms of concussion and knowledge of how to properly manage a concussion is critical to recovery and helping to ensure the individual is not returning to physical activities too soon, risking further complication.
- If any of the following red flags are present, an ambulance should be called and/or an on-site licensed healthcare professional should be summoned:
- Neck pain or tenderness
- Double vision
- Weakness or tingling / burning in arms or legs
- Severe or increasing headache
- Seizure or convulsion
- Loss of consciousness
- Deteriorating conscious state
- Increasingly restless, agitated, or combative
- The following observable signs may indicate a possible concussion:
- Lying motionless on the playing surface
- Slow to get up after a direct or indirect hit to the head
- Disorientation or confusion / inability to respond appropriately to questions
- Blank or vacant look
- Balance or gait difficulties, motor incoordination, stumbling, slow laboured movements
- Facial injury after head trauma
- A concussion may result in the following symptoms:
- Headache or “pressure in head”
- Balance problems or dizziness
- Nausea or vomiting
- Drowsiness, fatigue, or low energy
- Blurred vision
- Sensitivity to light or noise
- More emotional or irritable
- “Don’t feel right”
- Sadness, nervousness, or anxiousness
- Neck pain
- Difficulty remembering or concentrating
- Feeling slowed down or “in a fog”
- Failure to correctly answer any of these memory questions may suggest a concussion:
- What venue are we at today?
- Which team is winning?
- Which quarter is it?
- What team are you playing against?
- In the event of a Suspected Concussion where there are observable signs of a concussion, symptoms of a concussion, or a failure to correctly answer memory questions, the Participant should be immediately removed from participation.
- Participants who have a Suspected Concussion and who are removed from participation should:
- Not be left alone (at least for the first 1-2 hours)
- Not drink alcohol
- Not use recreational / prescription drugs
- Not be sent home by themselves
- Not drive a motor vehicle until cleared to do so by a medical professional
- A Participant who has been removed from participation due to a suspected concussion should not return to participation until the Participant has been assessed medically, preferably by a physician who is familiar with the Sport Concussion Assessment Tool – 5th Edition (SCAT5) (for Participants over the age of 12) or the Child SCAT5 (for Participants between 5 and 12 years old), even if the symptoms of the concussion resolve.
- For Participants who have been removed from participation, the Participant’s parent/guardian should be immediately contacted. The Participant should be isolated in a dark room or area, stimulus should be reduced, the Participant should not be left alone, the Participant should be monitored, and any cognitive, emotional, or physical changes should be documented.
- A Participant with a Suspected Concussion should be evaluated by a licensed physician who should conduct a comprehensive neurological assessment of the Participant and determine the Participant’s clinical status and the potential need for neuroimaging scans.
Rest and Rehabilitation
- Participants with a diagnosed SRC should rest during the acute phase (24-48 hours) but can gradually and progressively become more active so long as activity does not worsen the Participant’s symptoms. Participants should avoid vigorous exertion.
- Participants must consider the diverse symptoms and problems that are associated with SRCs. Rehabilitation programs that involve controlled parameters below the threshold of peak performance should be considered.
- Participants who display persistent post-concussion symptoms (i.e., symptoms beyond the expected timeline for recovery – 10-14 days for adults and 4 weeks for children) should be referred to physicians with experience handling SRCs.
Recovery and Return to Sport
- SRCs have large adverse effects on cognitive functioning and balance during the first 24-72 hours after injury. For most Participants, these cognitive defects, balance and symptoms improve rapidly during the first two weeks after injury. An important predictor of slower recovery from an SRC is the severity of the Participant’s initial symptoms following the first few days after the injury.
- The table below represents a graduated return to sport for most Participants, in particular those that did not experience high severity of initial symptoms after the following the first few days after the injury.
|1||Symptom-limited activity||Daily activities that do not provoke symptoms||Gradual reintroduction of work/school activities|
|2||Light aerobic exercise||Walking or stationary cycling at slow to medium pace. No resistance training||Increase heart rate|
|3||Sport-specific exercise||Running drills. No head impact activities||Add movement|
|4||Non-contact training drills||Harder training drills (e.g., defense). May start progressive resistance training||Exercise, coordination, and increased thinking|
|5||Full contact practice||Following medical clearance, participate in normal training activities||Restore confidence and assess functional skills by coaching staff|
|6||Return to sport||Normal participation|
Table 1 – Return to Sport Strategy
- An initial period of 24-48 hours of both physical rest and cognitive rest is recommended before beginning the Return to Sport strategy.
- There should be at least 24 hours (or longer) for each step. If symptoms reoccur or worsen, the Participant should go back to the previous step.
- Resistance training should only be added in the later stages (Stage 3 or Stage 4).
- If symptoms persist, the Participant should return to see a physician.
- The Participant’s Return-to-Sport strategy should be guided and approved by a physician with regular consultations throughout the process.
- The Participant must provide the club with a medical clearance form, signed by a physician, following Stage 5 and before proceeding to Stage 6.
- The 2017 Concussion in Sport Group (CISG) considered whether certain populations (children, adolescents, and elite athletes) should have SRCs managed differently.
- It was determined that all Participants, regardless of competition level, should be managed using the same SRC management principles.
- Adolescents (13 to 18 years old) and children (5 to 12 years old) should be managed differently. SRC symptoms in children persist for up to four weeks. More research was recommended for how these groups should be managed differently, but the CISG recommended that children and adolescents should first follow a Return to School strategy before they take part in a Return to Sport strategy. A Return to School strategy is described below.
|1||Daily Activities at home that do not give the child symptoms||Typical activities of the child during the day as long as they do not increase symptoms (e.g., reading, texting, screen time). Start with 5-15 min at a time and gradually build up||Gradual return to typical activities|
|2||School activities||Homework, reading, or other cognitive activities outside of the classroom||Increase tolerance to cognitive work|
|3||Return to school part-time||Gradual introduction of schoolwork. May need to start with a partial school day or with increase breaks during the day||Increase academic activities|
|4||Return to school full time||Gradually progress school activities until a full day can be tolerated||Return to full academic activities and catch up on missed work|
Table 2 – Return to School Strategy
- Participants should be alert for potential long-term problems such as cognitive impairment and depression. The potential for developing chronic traumatic encephalopathy (CTE) should also be a consideration, although the CISG stated that “a cause-and-effect relationship has not yet been demonstrated between CTE and SRCs or exposure to contact sports. As such, the notion that repeated concussion or sub concussive impacts cause CTE remains unknown.”
Risk Reduction and Prevention
- The club recognizes that knowing a Participant’s SRC history can aid in the development of concussion management and the Return to Sport strategy. The clinical history should also include information about all previous head, face, or cervical spine injuries. The club encourages Participants to make coaches and other stakeholders aware of their individual histories.
- Failure to abide by any of the guidelines and/or protocols contained within this policy may result in disciplinary action in accordance with the club’s internal policies.
1.2.1 - Link to Canadian Sport Helpline
1.2.2 - Link to Rule Of Two
2.1.1 - Standard Organizational By-Laws
Section 1 - General
In this by-law and all other by-laws of the Corporation, unless the context otherwise requires:
- "Act" means the Not-for-Profit Corporations Act, or equivalent as it exists in your province or territory and, where the context requires, includes the regulations made under it, as amended or re-enacted from time to time;
- "Board" means the board of directors of the Corporation;
- "By-laws" means this by-law (including the schedules to this by-law) and all other by-laws of the Corporation as amended and which are, from time to time, in force and effect;
- "Chair" means the chair of the Board;
- "Corporation" means the corporation that has passed these by-laws under the Act or that is deemed to have passed these by-laws under the Act;
- "Director" means an individual occupying the position of director of the Corporation by whatever name he or she is called;
- "Member" means a member of the Corporation;
- "Members" means the collective membership of the Corporation; and
- "Officer" means an officer of the Corporation.
Other than as specified in Section 1.01, all terms contained in this By-law that are defined in the Act shall have the meanings given to such terms in the Act. Words importing the singular include the plural and vice versa, and words importing one gender include all genders.
1.03 Severability and Precedence
The invalidity or unenforceability of any provision of this By-law shall not affect the validity or enforceability of the remaining provisions of this By-law. If any of the provisions contained in the By-laws are inconsistent with those contained in the articles or the Act, the provisions contained in the articles or the Act, as the case may be, shall prevail.
The seal of the Corporation, if any, shall be in the form determined by the Board.
1.05 Execution of Documents
Deeds, transfers, assignments, contracts, obligations and other instruments in writing requiring execution by the Corporation may be signed by any two of its Officers or Directors. In addition, the Board may from time to time direct the manner in which and the person by whom a particular document or type of document shall be executed. Any person authorized to sign any document may affix the corporate seal, if any, to the document. Any Director or Officer may certify a copy of any instrument, resolution, By-law or other document of the Corporation to be a true copy thereof.
Section 2 - Directors
2.01 Election and Term
The Directors shall be elected by the Members at the first meeting of Members and at each succeeding annual meeting. The term of office of the Directors (subject to the provisions, if any, of the articles) shall be from the date of the meeting at which they are elected or appointed until the next annual meeting or until their successors are elected or appointed.
The office of a Director shall be vacated immediately:
- if the Director resigns office by written notice to the Corporation, which resignation shall be effective at the time it is received by the Corporation or at the time specified in the notice, whichever is later;
- if the Director dies or becomes bankrupt;
- if the Director is found to be incapable by a court or incapable of managing property under federal/provincial/territorial law; or
- if, at a meeting of the Members, the Members by ordinary resolution removes the Director before the expiration of the Director’s term of office.
2.03 Filling Vacancies
A vacancy on the Board shall be filled as follows, and the Director appointed or elected to fill the vacancy holds office for the remainder of the unexpired term of the Director’s predecessor:
- if the vacancy occurs as a result of the Members removing a Director, the Members may fill the vacancy by an ordinary resolution;
- if there is not a quorum of Directors or there has been a failure to elect the number or minimum number of Directors set out in the articles, the Directors in office shall, without delay, call a special meeting of Members to fill the vacancy and, if they fail to call such a meeting or if there are no Directors in office, the meeting may be called by any Member; and
- a quorum of Directors may fill a vacancy among the Directors.
Committees may be established by the Board as follows:
- The Board may appoint from their number a managing Director or a committee of Directors and may delegate to the managing Director or committee any of the powers of the Directors except those powers set out in the Act that are not permitted to be delegated; and
- Subject to the limitations on delegation set out in the Act, the Board may establish any committee it determines necessary for the execution of the Board’s responsibilities. The Board shall determine the composition and terms of reference for any such committee. The Board may dissolve any committee by resolution at any time.
2.05 Remuneration of Directors
The Directors shall serve as such without remuneration and no Director shall directly or indirectly receive any profit from occupying the position of Director; subject to the following:
- Directors may be reimbursed for reasonable expenses they incur in the performance of their Directors’ duties;
- Directors may be paid remuneration and reimbursed for expenses incurred in connection with services they provide to the Corporation in their capacity other than as Directors, provided that the amount of any such remuneration or reimbursement is:
- considered reasonable by the Board;
- approved by the Board for payment by resolution passed before such payment is made; and
- in compliance with the conflict of interest provisions of the Act; and
- Notwithstanding the foregoing, no Director shall be entitled to any remuneration for services as a Director or in other capacity if the Corporation is a charitable corporation, unless the provisions of the Act and the law applicable to charitable corporations are complied with.
Section 3 - Board Meetings
3.01 Calling of Meetings
Meetings of the Directors may be called by the Chair, president or any two Directors at any time and any place on notice as required by this By-law, provided that, for the first organizational meeting following incorporation, an incorporator or a Director may call the first meeting of the Directors by giving not less than five days' notice to each Director, stating the time and place of the meeting.
3.02 Regular Meetings
The Board may fix the place and time of regular Board meetings and send a copy of the resolution fixing the place and time of such meetings to each Director, and no other notice shall be required for any such meetings.
Notice of the time and place for the holding of a meeting of the Board shall be given in the manner provided in Section 10 of this By-law to every Director of the Corporation not less than seven days before the date that the meeting is to be held. Notice of a meeting is not necessary if all of the Directors are present, and none objects to the holding of the meeting, or if those absent have waived notice or have otherwise signified their consent to the holding of such meeting. If a quorum of Directors is present, each newly elected or appointed Board may, without notice, hold its first meeting immediately following the annual meeting of the Corporation.
The Chair shall preside at Board meetings. In the absence of the Chair, the Directors present shall choose one of their number to act as the Chair.
Each Director has one vote. Questions arising at any Board meeting shall be decided by a majority of votes. In case of an equality of votes, the Chair shall not have a second or casting vote.
3.06 Participation by Telephonic or Electronic Means
If all of the Directors of the Corporation consent, a Director may participate in a meeting of the Board or of a committee of Directors by telephonic or electronic means that permits all participants to communicate adequately with each other during the meeting. A Director participating by such means is deemed to be present at that meeting.
Section 4 - Financial
The Board shall by resolution from time to time designate the bank in which the money, bonds or other securities of the Corporation shall be placed for safekeeping.
4.02 Financial Year
The financial year of the Corporation ends on December 31 in each year or on such other date as the Board may from time to time by resolution determine.
Section 5 - Officers
The Board shall appoint from among the Directors a Chair and may appoint any other person to be president, treasurer, and secretary at its first meeting following the annual meeting of the Corporation. The office of treasurer and secretary may be held by the same person and may be known as the secretary-treasurer. The office of Chair and president may also be held by the same person. The Board may appoint such other Officers and agents as it deems necessary, and who shall have such authority and shall perform such duties as the Board may prescribe from time to time.
5.02 Office Held at Board’s Discretion
Any Officer shall cease to hold office upon resolution of the Board. Unless so removed, an Officer shall hold office until the earlier of:
- the Officer's successor being appointed,
- the Officer's resignation, or
- such Officer's death.
Officers shall be responsible for the duties assigned to them and they may delegate to others the performance of any or all of such duties.
5.04 Duties of the Chair
The Chair shall perform the duties described in sections 3.04 and 9.05 and such other duties as may be required by law or as the Board may determine from time to time.
5.05 Duties of the President
The president shall perform the duties described in Schedule A and such other duties as may be required by law or as the Board may determine from time to time.
5.06 Duties of the Treasurer
The treasurer shall perform the duties described in Schedule B and such other duties as may be required by law or as the Board may determine from time to time.
5.07 Duties of the Secretary
The secretary shall perform the duties described in Schedule C and such other duties as may be required by law or as the Board may determine from time to time.
Section 6 - Protection of Directors and Others
6.01 Protection of Directors and Officers
No Director, Officer or committee member of the Corporation is liable for the acts, neglects or defaults of any other Director, Officer, committee member or employee of the Corporation or for joining in any receipt or for any loss, damage or expense happening to the Corporation through the insufficiency or deficiency of title to any property acquired by resolution of the Board or for or on behalf of the Corporation or for the insufficiency or deficiency of any security in or upon which any of the money of or belonging to the Corporation shall be placed out or invested or for any loss or damage arising from the bankruptcy, insolvency or tortious act of any person, firm or Corporation with whom or which any moneys, securities or effects shall be lodged or deposited or for any other loss, damage or misfortune whatever which may happen in the execution of the duties of his or her respective office or trust provided that they have:
- complied with the Act and the Corporation’s articles and By-laws; and
- exercised their powers and discharged their duties in accordance with the Act
Section 7 - Conflict of Interest
7.01 Conflict of Interest
A Director who is a party to a material contract or transaction or proposed material contract or transaction with the Corporation or is a director or officer of, or has a material interest in, any person who is a party to a material contract or transaction or proposed material contract or transaction with the Corporation shall make the disclosure required by the Act. Except as provided by the Act, no such Director shall attend any part of a meeting of Directors during which the contract or transaction is discussed or vote on any resolution to approve any such contract or transaction.
7.02 Charitable Corporations
No Director shall, directly or through an associate, receive a financial benefit, through a contract or otherwise, from the Corporation if it is a charitable corporation unless the provisions of the Act and the law applicable to charitable corporations are complied with.
Section 8 - Members
Membership in the Corporation shall consist of the incorporators named in the articles and such other persons interested in furthering the Corporation’s purposes and who have been accepted into membership in the Corporation by resolution of the Board.
A membership in the Corporation is not transferable and automatically terminates if the Member resigns or such membership is otherwise terminated in accordance with the Act.
8.03 Disciplinary Act or Termination of Membership for Cause
- Upon 15 days’ written notice to a Member, the Board may pass a resolution authorizing disciplinary action or the termination of membership for violating any provision of the articles or By-laws.
- The notice shall set out the reasons for the disciplinary action or termination of membership. The Member receiving the notice shall be entitled to give the Board a written submission opposing the disciplinary action or termination not less than 5 days before the end of the 15-day period. The Board shall consider the written submission of the Member before making a final decision regarding disciplinary action or termination of membership.
Section 9 - Members’ Meetings
9.01 Annual Meeting
The annual meeting shall be held on a day and at a place fixed by the Board. Any Member, upon request, shall be provided, not less than five business days or other number of days that may be further prescribed in regulations before the annual meeting, with a copy of the approved financial statements, auditor’s report or review engagement report and other financial information required by the By-laws or articles.
The business transacted at the annual meeting shall include:
- receipt of the agenda;
- receipt of the minutes of the previous annual and subsequent special meetings;
- consideration of the financial statements;
- report of the auditor or person who has been appointed to conduct a review engagement;
- reappointment or new appointment of the auditor or a person to conduct a review engagement for the coming year;
- election of Directors; and
- such other or special business as may be set out in the notice of meeting.
No other item of business shall be included on the agenda for annual meeting unless a Member has given notice to the Corporation of any matter that the Member proposes to raise at the meeting in accordance with the Act, so that such item of new business can be included in the notice of annual meeting.
9.02 Special Meetings
The Directors may call a special meeting of the Members. The Board shall call a special meeting on written requisition of the Members who hold at least 10 per cent of votes that may be cast at the meeting sought to be held within 21 days after receiving the requisition unless the Act provides otherwise.
Subject to the Act, not less than 10 and not more than 50 days written notice of any annual or special Members’ meeting shall be given in the manner specified in the Act to each Member, each Director and to the auditor or person appointed to conduct a review engagement. Notice of any meeting where special business will be transacted must contain sufficient information to permit the Members to form a reasoned judgment on the decision to be taken, and state the text of any special resolution to be submitted to the meeting.
A quorum for the transaction of business at a Members’ meeting is a majority of the Members entitled to vote at the meeting. If a quorum is present at the opening of a meeting of the Members, the Members present may proceed with the business of the meeting, even if a quorum is not present throughout the meeting.
9.05 Chair of the Meeting
The Chair shall be the chair of the Members’ meeting; in the Chair’s absence, the Members present at any Members’ meeting shall choose another Director as chair and if no Director is present or if all of the Directors present decline to act as chair, the Members present shall choose one of their number to chair the meeting.
9.06 Voting of Members
Business arising at any Members’ meeting shall be decided by a majority of votes unless otherwise required by the Act or the By-law provided that:
- each Member shall be entitled to one vote at any meeting;
- votes shall be taken by a show of hands among all Members present and the chair of the meeting, if a Member, shall have a vote;
- an abstention shall not be considered a vote cast;
- before or after a show of hands has been taken on any question, the chair of the meeting may require, or any Member may demand, a written ballot. A written ballot so required or demanded shall be taken in such manner as the chair of the meeting shall direct;
- if there is a tie vote, the chair of the meeting shall require a written ballot, and shall not have a second or casting vote. If there is a tie vote upon written ballot, the motion is lost; and
- whenever a vote by show of hands is taken on a question, unless a written ballot is required or demanded, a declaration by the chair of the meeting that a resolution has been carried or lost and an entry to that effect in the minutes shall be conclusive evidence of the fact without proof of the number or proportion of votes recorded in favour of or against the motion.
The Chair may, with the majority consent of any Members’ meeting, adjourn the same from time to time and no notice of such adjournment need be given to the Members, unless the meeting is adjourned by one or more adjournments for an aggregate of 30 days of more. Any business may be brought before or dealt with at any adjourned meeting which might have been brought before or dealt with at the original meeting in accordance with the notice calling the same.
9.08 Persons Entitled to be Present
The only persons entitled to attend a Members’ meeting are the Members, the Directors, the auditor or the person who has been appointed to conduct a review engagement of the Corporation, if any, and others who are entitled or required under any provision of the Act or the articles or the By-laws of the Corporation to be present at the meeting. Any other person may be admitted only if invited by the Chair of the meeting or with the majority consent of the Members present at the meeting.
Section 10 - Notices
Any notice required to be sent to any Member or Director or to the auditor or person who has been appointed to conduct a review engagement of the Corporation shall be delivered personally, or sent by prepaid mail, facsimile, email or other electronic means to any such Member at the Member’s latest address as shown in the records of the Corporation; and to such Director at his or her latest address as shown in the records of the Corporation or in the most recent notice or return filed under the Corporations Information Act, whichever is the more current; and to the auditor or the person who has been appointed to conduct a review engagement at its business address; provided always that notice may be waived or the time for giving the notice may be abridged at any time with the consent in writing of the person entitled thereto.
10.02 Error or Omission in Giving Notice
The accidental omission to give any notice to any Member, Director, Officer, member of a committee of the Board or auditor or person conducting a review engagement, if any, or the non-receipt of any notice by any such person where the Corporation has provided notice in accordance with the By-laws or any error in any notice not affecting its substance shall not invalidate any action taken at any meeting to which the notice pertained or otherwise founded on such notice.
Section 11 - Adoption and Amendment of By-laws
11.01 Amendments to By-laws
The Board may from time to time in accordance with the Act amend or repeal and replace this By-law.
Enacted [insert date, except where Corporation is deemed to have passed this by-law under subsection 18(1) of the Act.].
[If appointed, insert President Name] [If appointed, insert Secretary Name]
Position Description of the President
If appointed, the president shall be the chief executive officer of the Corporation and shall be responsible for implementing the strategic plans and policies of the Corporation. The president shall, subject to the authority of the Board, have general supervision of the affairs of the Corporation. The president shall be entitled to receive notice or and to attend and speak at all meetings of the Board and of meetings of Members as a non-member thereof without the right to vote, save and except when the Board is discussing the position, salary or benefits of the president.
Establish agendas aligned with annual Board goals and preside over Board meetings if also holding the office of Chair. Ensure meetings are effective and efficient for the performance of governance work. Ensure that a schedule of Board meetings is prepared annually.
Serve as the Board’s central point of communication with the senior management, if any, of the Corporation; provide guidance to senior management, if any, regarding the Board’s expectations and concerns. In collaboration with senior management, develop standards for Board decision-support packages that include formats for reporting to the Board and level of detail to be provided to ensure that management strategies, planning and performance information are appropriately presented to the Board.
Lead the Board in monitoring and evaluating the performance of senior management, if any, through an annual process.
Ensure that a Board work plan is developed and implemented that includes annual goals for the Board and embraces continuous improvement.
Serve as the Board’s primary contact with the public.
Report regularly to the Board on issues relevant to its governance responsibilities.
Set a high standard for Board conduct and enforce policies and By-laws concerning Directors’ conduct.
Serve as a mentor to other Directors. Ensure that all Directors contribute fully. Address issues associated with underperformance of individual Directors.
Ensure succession planning occurs for senior management, if any, and Board.
Serve as member on all Board committees.
Position Description of the Treasurer
If appointed, the treasurer works collaboratively with the president and senior management, if any, to support the Board in achieving its fiduciary responsibilities.
Custody of Funds
The treasurer shall have the custody of the funds and securities of the Corporation and shall keep full and accurate accounts of all assets, liabilities, receipts and disbursements of the Corporation in the books belonging to the Corporation and shall deposit all monies, securities and other valuable effects in the name and to the credit of the Corporation in such chartered bank or trust company, or, in the case of securities, in such registered dealer in securities as may be designated by the Board from time to time. The treasurer shall disburse the funds of the Corporation as may be directed by proper authority taking proper vouchers for such disbursements, and shall render to the Chair and directors at the regular meeting of the Board, or whenever they may require it, an accounting of all the transactions and a statement of the financial position, of the Corporation. The treasurer shall also perform such other duties as may from time to time be directed by the Board.
Maintain a high standard for Board conduct and uphold policies and By-laws regarding Directors’ conduct, with particular emphasis on fiduciary responsibilities.
Serve as a mentor to other Directors.
Present to the Members at the annual meeting as part of the annual report, the financial statement of the Corporation approved by the Board together with the report of the auditor or of the person who has conducted the review engagement, as the case may be.
Position Description of the Secretary
If appointed, the secretary works collaboratively with the president to support the Board in fulfilling its fiduciary responsibilities.
Support the president in maintaining a high standard for Board conduct and uphold policies and the By-laws regarding Directors’ conduct, with particular emphasis on fiduciary responsibilities.
Keep a roll of the names and addresses of the Members. Ensure the proper recording and maintenance of minutes of all meetings of the Corporation, the Board and Board committees. Attend to correspondence on behalf of the Board. Have custody of all minute books, documents, registers and the seal of the Corporation and ensure that they are maintained as required by law. Ensure that all reports are prepared and filed as required by law or requested by the Board.
Give such notice as required by the By-Laws of all meetings of the Corporation, the Board and Board committees. Attend all meetings of the Corporation, the Board and Board committees.