The Pas Skating Club Club Constitution and By-laws Revised May 2, 2014 General Information Mailing Address: The Pas Skating Club Box 927 The Pas, MB R9A 1K9 Website: http://www.skatethepas.com Contact Email Address: [email protected] 1 CONSTITUTION OF THE PAS SKATING CLUB Revised May 2, 2014 ARTICLE 1: NAME OF CLUB The Name of the Club shall be The Pas Skating Club, hereinafter called the Club. ARTICLE 2: SKATE CANADA a) A not-for-profit skating club, that is a member of Skate Canada and is managed by a volunteer board of directors for the general purpose of providing Skate Canada skating programs for Skate Canada members [Skate Canada By-law 1100 (3)]. b) The Club shall pay such fees and such other charges as shall be required of clubs from time to time by Skate Canada. [Skate Canada By-law 1201 (1) (c) (ii), 1201 (1) (c) (viii) and 1201 (1) (c) (ix)] c) The Club shall abide by all Skate Canada By-laws, rules and regulations as per Skate Canada By-law 1201 (1) (c) (iv). d) The Club is located in the Manitoba Section of Skate Canada. See Skate Canada By-law 1503 for definition of Sections. ARTICLE 3: PURPOSE OF THE CLUB a) The purpose of the Club shall be to encourage the instruction, practice, enjoyment and advancement of its members in all aspects of skating in accordance with the Rules, Policies and Procedures of Skate Canada. b) The Club, with regard to any aspect of its operation is to be managed and operated by eligible volunteers who are duly registered as Associate Members of Skate Canada [By-law 1201 (1) (c) (iv)] c) The Club shall protect the eligibility status of its members. The Club shall not take or omit any action that would knowingly jeopardize the eligible status of its members. d) The Club shall operate only Skate Canada skating programs. e) Only Skate Canada Professional Coaches are permitted to teach skating in the Club. ARTICLE 4: BY-LAWS OF THE CLUB a) The By-laws, appended to this Constitution, shall describe the organization and functions of the Club, and the means by which members of the Club may elect the Club Board of Directors and control the property and activities of the Club. b) The By-laws, Rules and Regulations of Skate Canada and those of the Section in which the Club operates shall take precedence over any Club By-laws [Skate Canada By-law 1201 (1) (c) (iv)]. 1 c) Any Club By-law contrary to the By-laws, Rules and Regulations of Skate Canada and those of the Section shall be invalid. It is acknowledged that any provincial statute governing a club has precedence over any inconsistent Skate Canada by-law relating to that club. [Skate Canada by-law 1201 (1) (c) (iv).] BY-LAWS OF THE PAS SKATING CLUB MEMBERSHIP By-law 1: Club Membership Membership in the Club shall be open to all, irrespective of sex, age, creed or color. By-law 2: Classes of Club Membership The classes of membership, eligibility and privileges shall be as follows: Individual membership: Non-skating members who have paid the fees as set by the club and are Associate Members of Skate Canada. Individual members of legal age of 18 shall be entitled to one vote at each Annual General Meeting and Special Meeting of the Club. Active Membership: All eligible skaters who participate in a Club Skating Program and who have paid the fees as set by the club and is Associate Members of Skate Canada. All Active Members of the legal age of 18 shall be entitled to one vote at each Annual General Meeting and Special Meeting of the Club. (Underage Active Members have no vote but may be represented by Special Members) Special Membership: Parent or guardian of legally underage Active Members who have paid the fees as set by the Club and are Associate Members of Skate Canada. Partial Membership: All eligible skaters who are Associate Member or Restricted Member of Skate Canada through another HOME club and have paid a reduced fee as set by the Club. Honorary Membership: The Annual Meeting of members may elect any person an Honorary Member of the club. An Honorary Member shall be exempt from club dues (but not Skate Canada dues) if the club is not incorporated add the following: and shall not have interests in the assets of the Club and shall not vote at meetings of the club unless otherwise qualified. They may have a voice at the meetings of the club. Restricted Membership: A restricted member is an individual who is a paid employee (of the club, Section or Association), a non-active coach, a performing professional skater or a professional dance partner. A restricted member is not permitted to hold elected office, may not vote at meetings, is not permitted to compete in competitions, and is not permitted to officiate at tests or competitions. See Skate Canada By-law 1201 (1) (c) (xi), By-law 1202 (2) and Rule 2001. Active Member (Non voting rights) or (Restricted Voting Rights) – An active member (NonVoting rights) is a member who meets the following criteria. This includes a class of membership with restricted voting rights. [Skate Canada By-law 1201 (1) (c) (i) and 1202 (1) (e)] 2 By-law 3: Skate Canada and Club By-laws, Rules and Regulations All members shall uphold, observe and conform to the By-laws, Rules and Regulations of Skate Canada, the By-laws of the Club and such regulations as made by the Board of Directors of the Club. By-law 4: Membership Fees Any volunteer club executive member shall have their Skate Canada registration and other fees as set from time to time paid for by the club. At the executive’s discretion, registration and other fees as set from time to time by Skate Canada, will be paid for by the club for selected on ice volunteers. (See Skate Canada By-law 1201 (1) (c) (ix), Skate Canada By-law 1202 (1) (a), Rule 2101, Policies and Procedures.) By-law 5: Member in Good Standing For a member of the Club to be considered in good standing with the Club, that member must pay Club fees as are stipulated by the Club Board of Directors in advance of the membership year in question. Members will not be permitted to take part in any Club activities if these fees are not paid within the time limit, set by the club. Members in arrears may have their club membership terminated and skaters may be denied access to the ice. By-law 6: Setting of Club Fees, Rules and Skating Hours Fees, skating rules and skating hours of the Club shall be as the Board of Directors decides from time to time. Club membership shall commence on the first day of the Skate Canada membership year, 1 September, or the date that fees are paid (whichever is the latter) and terminate on the last day of the Skate Canada membership year, 31 August. By-law 7: Suspension and Expulsion from the Club The Board of Directors may suspend or expel a member of the club for acting contrary to the By-laws, Rules and Regulations of Skate Canada or of the Club. The Club Board shall develop a suspension and expulsion policy in accordance with the Skate Canada Complaint, Suspension and Expulsion Policy and Procedure that contains a provision for suspending or expelling of any member of the Club from such membership on terms and conditions that are deemed appropriate and necessary by the Club Board of Directors. This policy shall be approved by the Club Board of Directors from time to time and it shall be in writing and made available to all members in advance of its implementation. This policy must include an appropriate hearing and appeal process, which includes principles of due process, an appropriate reinstatement application process and an appropriate graduated series of disciplinary measures. See Skate Canada By-law 1204. LIABILITY By-law 8: Liability The Club shall not be responsible for any damages, injury, or loss of property to any member, guest or visitor to the Club regardless of the reason or nature of such damage, loss or injury. Every member, guest or visitor shall use the Club facilities at his or her own risk. The Club shall participate in the Skate Canada Club Liability and Member Accident Insurance programs [Skate Canada By-law 1201 (1) (c) (viii)]. (See Appendix 1 for Club Liability Form) CLUB MANAGEMENT By-law 9: Members of Board of Directors, Committees and Club Delegate to Skate Canada The members of the Board of Directors, Chairs of committees, and the Club Delegate to Skate Canada must be members in good standing of the Club, be registered as Associate Members of Skate Canada, be of legal age, and be eligible persons (with the exception of the Coaching Representative) as defined 3 by Skate Canada Rules. These members are: President, Vice President, Treasurer, Secretary, Test Chair, Registrar, and Past President. By-law 10: General Management of the Club The general management of the club shall be vested in a Board of Directors consisting of: immediate Past President, President, Vice-president, Secretary, Treasurer, Test Chair, CanSkate Chair, STARSkate Chair, Public Relations/Newsletter Chair and a Coaching Representative. All of the above, with the exception of the Past President and the Coaching Representative shall be elected for 1-year terms at the Annual General Meeting. The Coaching Representative shall be elected annually by and from within the coaches of the club. The Past President shall be ex-officio and shall hold office until a new President has been duly elected. The coaching representative shall be elected as per Skate Canada bylaws. By-law 11: Holding of Board of Directors Office The Board of Directors shall hold office until the close of the meeting at which their successors have been duly elected. Any member of the Board of Directors may be removed by the members by a 2/3 majority vote at a Special General Meeting duly called for that purpose. By-law 12: Voting at Board of Directors Meetings A quorum of the Board of Directors shall consist of 50% plus 1 of the following positions that are filled: Past President, President, Vice President, Treasurer, Secretary, Registrar, Test Chair, CanSkate Chair, Public Relation/Newsletter Chair, Fundraise Chair, Special Events Chair, Member at Large and Coaches’ Representative NOTE: Questions arising at any meeting of the Board of Directors shall be decided by a majority of votes. The meeting chair may vote only when the vote would change the result. Therefore the chair may vote to break a tie, and thus pass the motion, or to create a tie, and thus defeat a motion. A majority of the Board of Directors shall form a quorum. [Skate Canada By-law 1420 (5)] By-law 13: Board of Directors Vacancies Casual vacancy occurring between any Annual General Meeting of the Club, may be filled, until the next annual General Meeting by a majority vote of the remaining members of the Board of Directors or in the case of the Coaching Representative, by the coaching staff. By-law 14: Board of Directors Member Absenteeism If a Board of Directors Member is absent for more than three consecutive scheduled Board of Directors meetings, without good cause and/or without prior notification to the President or Secretary, then that office may be declared vacant by a majority vote of the Board of Directors. Club Executive By-law 15: Role of President The President shall act as Chair of all Board of Directors and general meetings. In his/her absence, the Vice-president will fill this duty. Non-voting member (unless vote is needed to break a tie); Chairs all Executive and General meetings; Oversees running of the Club, including hiring of coaches; Determines meeting agendas in consultation with the Vice-President; Seeks volunteers for committees and activities as required; Liaison between the Club and Skate Manitoba and Skate Canada; Contact for KRC; 4 Has cheque and legal document signing authority; (Signing authorities: President can sign with the Treasurer or Test Chair or Ice Convener; Treasurer or President must sign each cheque) Makes ice Schedule – monthly Calendar Books ice time for Club, including special activities; Keeps record of ice time for the Club; Cancels ice time as required; By-law 17: Role of Past President (this position is filled only in the year of a new President and following year or years when there is no President or Vice President) Voting member; Assists in running of the Club; Provides context and continuity from past skating seasons; Books ice time for Club, including special activities; Keeps record of ice time for the Club; Cancels ice time as required; By-law 18: Role of Vice President Voting member; Acts for President in President’s absence; Works with President in all aspects of the running of the Club, as requested; By-law 19: Role of Secretary The Secretary shall deal with all correspondence subject to the approval of the President or his/her delegate, shall issue all notices for Board of Directors and general meetings, shall take minutes at all meetings, and shall be responsible for submitting to Skate Canada and the Section such reports as are required by Skate Canada rules and other regulations. Voting member; Distributes notices and agendas for Executive and General meetings (usually, Executive meetings are called and agendas are distributed by email; Executive members that do not have email need to be telephoned); Responsible for taking minutes at meetings – prepares minutes, submits minutes to President for approval, distributes approved minutes to Executive members, and submits minutes to Skate Canada Manitoba according to Skate Canada rules; Arranges (or delegates) pick up of Club mail from post office as required; Assists President with Club correspondence and skating calendars as required; Maintains Club binder of meeting minutes and general information in the Skating Office; By-law 20: Role of Treasurer Voting member; Responsible for safe control of all Club funds, including preparing and submitting budgets to the Executive, and keeping such records as are required for financial review; Makes and manages bank deposits, accounts payable and accounts receivable no later than on a biweekly basis, including issuing refunds and tax receipts in a timely manner; Ensures that receipt books are available as required; Responsible for arranging for an unaudited annual financial statement; Has cheque and legal document signing authority; (Signing authorities: Treasurer can sign with President or Test Chair or Secretary; Treasurer or President must sign each cheque) Calculates skating fees and subsequent adjustments, with input from others. 5 Responsible for payroll remittance; Prepares and distributes monthly financial reports for each Executive meeting; Prepares year-end financial statement for the Club, to be presented at AGM; By-law 21: Member at Large Voting member; Duties as assigned by executive; By-law 22: Public Relations/Newsletter Chair Voting member; Promotes details of Club skating programs and special events, as well as any achievements of the Club, skaters and coaches as required, including awards, competitions, and special recognitions; (eg. Submits an article and photo of Club skaters to Opasquia Times newspaper after each competition or special event) Maintains bulletin boards and trophy case, and makes recommendations for additional displays or changes to existing displays; Posts changes to regularly scheduled skating programs on bulletin boards; Produces and distributes promotional Club brochures, posters or newsletters as needed; Other public relations duties as required; By-law 23: CanSkate Chair Voting member; Helps determine PreCanSkate/CanSkate/JETS programming details and schedules; Contact for PreCanSkate (formerly CanFirstSkate), CanSkate and JETS parents; Assists coaches as needed, handing out CanSkate badges and report cards; Recruits program assistants, ice captains for PreCanSkate, CanSkate and JETS programs and ensures that ice captains receive and understand a list of expectations/ duties; Assists coach to determines program assistant, ice captain and distributes schedules By-law 24: Test Chair Voting member; Organizes and troubleshoots all aspects of Test days as required; Provides information to Clubs, skaters and parents about Test days and collects/submits fees, Recruits ice captains and music players for Test days; Completes required information for Regional Judges Bureau Representative, judges, and other Skate Manitoba representatives in a timely manner; By-law 25: Coaches’ Representative Voting member; Attends meetings representing all Club coaches; Prepares STARSkate orientation materials for members, including general information on the Competitive skating stream, competitions and test days; Recruits additional Executive members as required regarding STARSkate activities; Recruits ice captains and music players for STARSkate ice time, and distributes schedules as required; Provides information and assistance regarding registering for competitions, and opportunities for skating/competition financial assistance; 6 By-law 26: Registrar Chair Voting member; Prepares registration materials and forms for members; Acts as contact person for inquiries regarding costs, insurance, registration in and withdrawal from skating programs; Registers skating Club members in skating programs, or ensures that other Executive members are trained to take registrations; Takes a lead role in the ‘Parade of Programs’ registration opportunity, recruiting other Executive members to assist as required; Arranges for other registration opportunities as required; Ensures that registrations and amendments are submitted to Skate Canada (via internet) in a timely manner, including Skate Canada insurance; Provides Executive with registration report numbers updates at each Executive meeting; By-law 27: Fundraising Chair Voting member; Decides fundraising activities for the year; Oversees the running of the fundraising activities; Recruits additional volunteers for specific fund-raising programs By-law 28: Specials Events Chair Voting member; Organizes and oversees Club events (non-fundraising); Records event details and numbers of participants at special events; Recruits additional volunteers for specific special events, such as the Year-End Review, Norman STARSkate Regional Competition and FunSkate or Norman Regional Seminar; Looks after the purchase and distribution of Club promotional items, club clothing or other items required by the Club; Organizes ‘swap’ sessions for gently used skating item By-law 29: Committees – President as ex-officio member The President shall be an ex-officio member of all committees. By-law 30: Committees - Appointment The President shall seek volunteers to serve as standing committee Chairs who shall look after duties assigned to them. All Committee Chairs must submit the names of their committee members to the President for approval. By-law 31: Committees: Eligibility to Serve All Club Board of Directors and members of Committees shall be eligible persons and shall be of legal age (18 years). They must be members in good standing of the club and be Associate Members of the Association. Skate Canada By-law 1201 (1) (c) (ii). By-law 32: Rules of Order Rules of order for all meetings, General and Board of Directors, shall be as outlined in General Rules of Order for The Pas Skating Club Meetings in all cases in which they are applicable and consistent with the by-laws or special rules of the Association (Skate Canada By-law 1603). 7 SKATE CANADA CLUB DELEGATE AND REGION COUNCILORS By-law 32 The Club Delegate to Skate Canada and/or the Section shall be appointed annually by the Board of Directors. The Delegate need not be a member of the Board of Directors. The Section and/or Skate Canada National Office shall be advised of the appointed delegate's name. The Club shall appoint a Councilor and an alternate Councilor to serve on the Region Council as required by the By-laws of the Region Council. The delegates and councilors shall report on activities at these meetings. ANNUAL GENERAL MEETING By-law 33: Timing, Quorum, Special Meeting Request An Annual General Meeting shall be held within sixty days of the close of the March 31 st fiscal year. Other general meetings may be held from time to time upon the request of the Board of Directors or upon written request of two thirds of Club Members. A quorum for an Annual General Meeting or Special Meeting shall be ten per cent of the eligible-voting members. By-law 34: Written Notice Annual General Meeting and Special Meetings shall be advertised a minimum of 15 days in advance. The notice shall include the time and place of the meeting. By-law 35: Voting on Club Elections Voting on Club elections shall be by secret ballot and a simple majority shall elect a candidate. Voting on other matters may be by a show of hands. By-law 36: Eligibility to Vote Voting for club elections or on any matters pertaining to skating shall be restricted to eligible club members who are registered as Associate Members of Skate Canada and are 18 years of age, to the club Coaching representative(s) and to Special Members of the club voting on behalf of their underage children (who are members of the club and registered as an Associate Member of Skate Canada). Special Members shall be restricted to one vote per family regardless of how many children are in the family. By-law 37: Order of Business The order of business at an Annual General Meeting of the Club shall be as follows: Reading of the Notice of Meeting Quorum Approval of Agenda Minutes of the preceding General/Special meeting Confirmation of the actions taken by the Board of Directors President’s Report Vice-President’s Report Secretary’s Report Treasurer’s Report (Annual Financial Statement) Other Reports Election of Board of Directors Amendments to the Constitution and By-laws Appointment of Auditors (as applicable) New Business 8 AMENDMENTS By-law 38: Right to Submit, Process for Submitting Any member of the Club, in good standing, may propose an amendment to the Constitution or by-laws of the club. This proposal must be submitted in writing to the Club Board of Directors. The proposed amendment will be presented to the Annual General Meeting or Special Meetings. All amendments must be submitted at least 21 days before the respective meeting. No amendment to the Constitution or By-laws of the Club shall be accepted from the floor at any meeting. By-law 39: Interim Amendments By-laws may be enacted or amended by a majority vote (50% plus 1) of the Board of Directors whenever required. Such by-laws or amendments must be presented at the next General Meeting for ratification by the members. If they fail to be ratified, they will cease to be effective and may not be reenacted by the Board of Directors for one calendar year. By-law 40: Voting of Amendments Any amendment, to be accepted or ratified, must pass by a vote of 2/3 of those eligible to vote and present at an Annual General Meeting of the Club. By-law 41: Effective Force of Amendments to By-laws All amendments to the by-laws upon receiving approval of any general or special meeting of members and upon approval of the provincial government (if applicable) shall come into force immediately or on a date specified for same. All such amendments shall be submitted to Skate Canada. Skate Canada reserves the right of refusal of any amendment. Such refusal shall only be made if the intent of such amendment is to violate, in principle or spirit, any Skate Canada rule and/or by-law. DISPUTE RESOLUTION POLICY By-law 42: Dispute Resolution For the purposes of these By-laws the Skate Canada Manitoba Policy will apply. (Policy B.114) (See Appendix 3) APPEALS POLICY By-law 43: Appeals For the purposes of these By-laws the Skate Canada Manitoba Policy will apply. (Policy I.101) (See Appendix 4) PRIVACY POLICY By-law 44: Privacy For the purposes of these By-laws, the Skate Canada Manitoba Policy will apply. (Policy J.101) (See Appendix 5) FUNDS By-law 45: Deposit of Club Funds The Treasurer shall deposit all funds of the Club in such banks or other institutions as may be designated by the Board of Directors, as per The Pas Skating Club position duties descriptions. (See Appendix 2) 9 By-law 46: Disbursement of Club Funds All disbursements of club funds shall be by cheque or other auditable document. By-law 47: Review of Financial Transactions A person designated by the Board of Directors shall make a review of the financial transactions of the Club each year and the financial statements shall be made available to the membership of the Club. By-law 48: Dissolution of Club In the event that the club ceases to exist, the net assets from liquidation shall go to the Norman Regional Skating Association. COMMITTEES By-law 49: Club Committees Special program committees, as deemed necessary by the Club, may be formed. Adopted by: THE PAS SKATING CLUB (Club Name) On the 2nd_____ of __May____ (day) (month) _2014____ (year) Signed: ____________________________________ (President) ____________________________________ (Club Board Member) ________________________ (Date) ________________________ (Date) 10 APPENDIX 1 THE PAS SKATING CLUB – CONSENT, WAIVER AND RELEASE FORM Re: PRIVACY OF PERSONAL INFORMATION. Skate Canada, Skate Canada-Manitoba Section and The Pas Skating Club agree that the information provided regarding registration in The Pas Skating Club programs will be used in accordance with provisions for the Personal Information Protection and Electronic Documents Act (PIPEDA) and with the Skate Canada privacy policy. Information on the Skate Canada privacy policy may be obtained by calling Skate Canada at 1-888-747-2372. I agree that the personal information contained on this form may be used by Skate Canada, Skate Canada-Manitoba Section and by The Pas Skating Club for the purpose of offering skating information and providing and administering skating programs (including but limited to instruction, testing, competitions, seminars and meetings). Re: LIABILITY FOR INJURY, LOSS OR DAMAGE. It is understood and agreed, as a condition of participation in skating programs offered by The Pas Skating Club and Skate Canada, that neither The Pas Skating Club nor Skate Canada shall be liable for any injury, loss or damage suffered by member named below whilte travelling to or from, or while participating in skating practices, competitions or other activities, however caused. It is further agreed that neither The Pas Skating Club nor Skate Canada is responsible for any injury, loss or damage caused by the member while travelling to or from or while participating in the said practices, competitions or other activities. The member, or his/her parent/legal guardian who has signed this form, shall indemnify The Pas Skating Club and Skate Canada and hold them harmless from any claims, demands or actions arising from or in respect of such injury, loss of damage. Re: CONSENT TO PHOTOGRAPH SKATER. I also consent and give permission to The Pas Skating Club to photograph my child in connection with The Pas Skating Club programs and activities. I understand that The Pas Skating Club will use such photographs to assist coaches in the identification of each skater, and may publish them to promote The Pas Skating Club and the sport of amateur skating, and to acknowledge achievements of Club members. I voluntarily waive any and all rights with respect to any such photographs, including compensation, copyright, and any right to inspect or approve such photographs and/or copy, print or other materials that may be used in connection with them. I hereby release and discharge, and agree to hold harmless The Pas Skating Club and all persons acting under its permission or authority, from any claims and liability in connection with such photographs and/or their use. I HAVE READ AND FULLY UNDERSTAND THE CONTENTS OF THIS CONSENT, WAIVER, AND RELEASE FORM, AND I SIGN IT FREELY AND VOLUNTARILY. Printed Child’s Name (First, Last): ________________________________________ Printed Parent/Guardian’s Name (First, Last): _______________________________ Signature of Parent/Guardian: _______________________________ Date: ________________ 11 APPENDIX II The Pas Skating Club Executive & Committee Positions and Duties The following are the positions available on the Executive of The Pas Skating Club (the “Club”). It may not be possible to fill all positions each year. If positions remain vacant, essential duties will be covered by existing Executive members, to the best of their abilities. Executive meetings are held approximately once per month. An Annual General Meeting is held at the end of the skating season. Executive President: Non-voting member (unless vote is needed to break a tie); Chairs all Executive and General meetings; Oversees running of the Club, including hiring of coaches; Determines meeting agendas in consultation with the Vice-President; Seeks volunteers for committees and activities as required; Liaison between the Club, Region and Skate Manitoba and Skate Canada; Contact for KRC, together with Ice Convener; Has cheque and legal document signing authority; (Signing authorities: President can sign with the Treasurer or Test Chair or Secretary; Treasurer or President must sign each cheque) Past President: (this position is filled only in the year of a new President and following year or years when there is no President or Vice President) Voting member; Assists in running of the Club; Provides context and continuity from past skating seasons; Vice-President: Voting member; Acts for President in President’s absence; Works with President in all aspects of the running of the Club, as requested; Secretary: Voting member; Distributes notices and agendas for Executive and General meetings (usually, Executive meetings are called and agendas are distributed by email; Executive members that do not have email need to be telephoned); Responsible for taking minutes at meetings – prepares minutes, submits minutes to President for approval, distributes approved minutes to Executive members, and submits minutes to Skate Canada Manitoba according to Skate Canada rules; Arranges (or delegates) pick up of Club mail from post office as required; Assists President with Club correspondence and skating calendars as required; Maintains Club binder of meeting minutes and general information in the Skating Office; Treasurer: Voting member; Responsible for safe control of all Club funds, including preparing and submitting budgets to the Executive, and keeping such records as are required for financial review; Makes and manages bank deposits, accounts payable and accounts receivable no later than on a biweekly basis, including issuing refunds and tax receipts in a timely manner; 12 Ensures that receipt books are available as required; Has cheque and legal document signing authority; (Signing authorities: Treasurer can sign with Fundraise Chair or Public Relations/NewsLetter Chair; Calculates skating fees and subsequent adjustments, with input from others. Responsible for payroll remittance; Prepares and distributes monthly financial reports for each Executive meeting; Prepares year-end financial statement for the Club, to be presented at AGM; Public Relations / Newsletter Chair: Voting member; Promotes details of Club skating programs and special events, as well as any achievements of the Club, skaters and coaches as required, including awards, competitions, and special recognitions; (eg. Submits an article and photo of Club skaters to Opasquia Times newspaper after each competition or special event) Maintains bulletin boards and trophy case, and makes recommendations for additional displays or changes to existing displays; Posts changes to regularly scheduled skating programs on bulletin boards; Produces and distributes promotional Club brochures, posters or newsletters as needed; Other public relations duties as required; CanSkate Chair: Voting member; Helps determine PreCanSkate/CanSkate/CanJETS programming details and schedules; Contact for PreCanSkate(formerly CanFirstSkate), CanSkate and CanJETS parents; Assists coaches as needed, handing out PreCanSkate/CanSkate/CanJETS badges,report cards, newsletter, calendars and coloring sheets; Recruits program assistants, ice captains and music players for PreCanSkate/CanSkate/CanJETS programs and ensures that ice captains and music players receive and understand a list of expectations/ duties; Determines program assistant, ice captain and music player rosters, and distributes schedules as required; Test Chair: Voting member; Organizes and troubleshoots all aspects of Test days as required; Provides information to Clubs, skaters and parents about Test days and collects/submits fees, Recruits ice captains and music players for Test days; Completes required information for Regional Judges Bureau Representative, judges, and other Skate Manitoba representatives in a timely manner; Coaches’ Representative: Voting member; Attends meetings representing all Club coaches; Prepares STARSkate orientation materials for members, including general information on the Competitive skating stream, competitions and test days; Recruits additional Executive members as required regarding STARSkate activities; Recruits ice captains and music players for STARSkate ice time, and distributes schedules as required; Provides information and assistance regarding registering for competitions, and opportunities for skating/competition financial assistance; 13 Registrar: Voting member; Prepares registration materials and forms for members; Acts as contact person for inquiries regarding costs, insurance, registration in and withdrawal from skating programs; Registers skating Club members in skating programs, or ensures that other Executive members are trained to take registrations; Takes a lead role in the ‘Parade of Programs’ registration opportunity, recruiting other Executive members to assist as required; Arranges for other registration opportunities as required; Ensures that registrations and amendments are submitted to Skate Canada (via internet) in a timely manner, including Skate Canada insurance; Provides Executive with registration report numbers updates at each Executive meeting; Fundraising Chair: Voting member; Decides fundraising activities for the year; Oversees the running of the fundraising activities; Keeps track of volunteer hours in binder, as required; Recruits additional volunteers for specific fund-raising programs (eg. Bingo or Raffles) Special Events Chair: Voting member; Organizes and oversees Club events (non-fundraising); Records event details and numbers of participants at special events; Member at Large: Voting member Carries out duties as assigned by the President Committee Ice Convener: Non-voting member; Books ice time for Club, including special activities; Keeps record of ice time for the Club; Cancels ice time as required; Contact for KRC, together with the President Recruits additional volunteers for specific special events, such as the Year-End Show, Regional Competition or Regional Seminar and club dinners; 14 APPENDIX III DISPUTE RESOLUTION POLICY AS PER SKATE MANITOBA STANDING RULES (Revised by Skate Manitoba February 15, 2008) B114 DISPUTE RESOLUTION POLICY Preamble 1. Skate Canada Manitoba supports the principles of Alternative Dispute Resolution (ADR) and is committed to the techniques of negotiation, facilitation, mediation and arbitration as effective ways to resolve disputes with and among members, and to avoid the uncertainty, costs and other negative effects associated with litigation. Scope 2. This policy applies to disputes with and among members, where the term “Member” refers to all categories of members within Skate Canada Manitoba, as well as to all individuals engaged in activities with or employed by Skate Canada Manitoba, including but not limited to: athletes, coaches, officials, volunteers, directors, officers, team managers, team captains, medical and paramedical personnel, administrators and employees (including contract personnel). 3. This policy does not apply to disputes relating to a) Matters of employment; b) Infractions for doping offences, which are dealt with pursuant to the Canadian Policy on Doping in Sport and the Canadian Doping Control Regulations; c) Skate Canada Rules, which may not be appealed; and d) Discipline matters arising during events organized by entities other than Skate Canada Manitoba, which are dealt with pursuant to the policies of these other entities. Negotiation 4. Skate Canada Manitoba encourages all Members to communicate openly and to collaborate in using problem-solving and negotiation techniques to resolve their differences. In almost all cases a negotiated settlement is preferable to any outcome achieved through other dispute resolution techniques, and negotiated resolutions to disputes with and among Members are strongly encouraged. Facilitation and Mediation 5. Opportunities for facilitation and mediation may be pursued at any point in a dispute within Skate Canada Manitoba where it is appropriate and where the disputing parties agree that such a course of action would be mutually beneficial. 15 6. Where mediation is pursued, it will be done so in accordance with standard mediation practice using trained mediators who are acceptable to the parties (at the expense of those parties involved – not Skate Canada Manitoba). Appeals 7. Appeals within Skate Canada Manitoba will be dealt with under the Skate Canada Manitoba Appeal Policy. Arbitration 8. In the event that a dispute persists after internal avenues of decision-making, negotiation, facilitation, mediation and/or appeals have been exhausted, opportunities for independent arbitration may be pursued by the parties (at the expense of both parties) 9. Where such independent arbitration is pursued, it will be done so in accordance with standard arbitration practice using trained arbitrators who are acceptable to the parties 10. The parties involved in a dispute may also mutually agree to bypass internal avenues of dispute resolution and may directly pursue opportunities for independent arbitration. 11. Where a dispute is referred to arbitration, all parties to the original dispute will become parties to the arbitration. 12. The parties to arbitration will enter into a written Arbitration Agreement that will specify that the decision of the arbitrator will be final and binding upon the parties and not subject to any further review by any court or any other body. No Legal Action 13. No action, application for judicial review or other legal proceeding will be commenced against Skate Canada Manitoba respecting a dispute, unless the remedies afforded by this policy have been exhausted. 16 APPENDIX IV APPEALS POLICY AS PER SKATE MANITOBA STANDING RULES (Revised by Skate Manitoba February 15, 2008) I.101 Appeals Policy Preamble The purpose of this appeals policy is to enable disputes with members to be dealt with fairly, expeditiously and affordably, within Skate Canada Manitoba, without recourse to formal legal and court-like procedures. Definitions • Days -- will mean total days, irrespective of weekends or holidays. • Member -- refers to all categories of members in the Skate Canada Manitoba, as well as to all individuals engaged in activities with or employed by the Skate Canada Manitoba, including, but not limited to, athletes, coaches, officials, volunteers, directors, officers, team managers, team captains, medical and paramedical personnel, administrators and employees (including contract personnel) • Appellant -- refers to the member appealing a decision • Respondent -- refers to the body whose decision is being appealed. Scope of Appeal 1. Any member of Skate Canada Manitoba who is affected by a decision of the Board of Directors, of any Committee of the Board of Directors, or of any body or individual who has been delegated authority to make decisions on behalf of the Board of Directors, will have the right to appeal that decision, provided there are sufficient grounds for the appeal as set out in Section 5 of this policy. Examples of decisions that may be appealed are those relating to eligibility, harassment, team selection and discipline. 2. This policy will not apply to decisions relating to: a) Matters of employment; b) Infractions for doping offenses, which are dealt with pursuant to the Canadian Policy on Doping in Sport and the Canadian Doping Control Regulations; c) The rules of figure skating, which may not be appealed; d) Discipline matter arising during events organized by entities other than Skate Canada Manitoba, which are dealt with pursuant to the policies of these other entities; and e) Any decisions made under Sections 4 and 7 of this policy. Timing of Appeal 3. (i) Members who wish to appeal a decision will have 21 days from the date on which they received notice of the decision, to submit in writing notice of their intention to appeal, grounds for the appeal and a summary of the evidence which supports these grounds, to 17 the Chairman of Skate Canada Manitoba. ii) Members who wish to appear a Games Team Selection will have 7 days from the date on which they received notice of the decision, to submit in writing notice of their intention to appeal, grounds for the appeal and a summary of the evidence which supports these grounds, to the Chairman of Skate Canada Manitoba. 4. i) Any party wishing to initiate an appeal beyond the 21-day period must provide a written request stating reasons for an exemption to the requirement of Section 3. i). The decision to allow, or not allow an appeal outside the 21 day period will be at the sole discretion of the Chairman, and may not be appealed. ii) Any party wishing to initiate an appeal beyond the 7 day period for Games Team Selection must provide a written request stating the reasons for an exemption to the requirement of Section 3. ii). The decision to allow, or not allow an appeal outside the 7 day period will be at the sole discretion of the Chairman, and may not be appealed. Grounds for Appeal 5. Not every decision may be appealed. A decision cannot be appealed, nor can an appeal be heard, on substantive grounds relating to the merits of the decision. Decisions may only be appealed, and appeals may only be heard, on procedural grounds. Procedural grounds are strictly limited to the Respondent: a) Making a decision for which it did not have authority or jurisdiction as set out in Skate Canada Manitoba’s governing documents; b) failing to follow procedures as laid out in the bylaws or approved policies of Skate Canada Manitoba; or c) making a decision that was influenced by bias. Screening of Appeal 6. i) Within 5 days of receiving the notice and grounds of an appeal, the Chairman will determine whether there are appropriate grounds for the appeal to proceed as set out in Section 5. In the absence of the Chairman, a designate will perform this function. ii) Within 4 days of receiving the notice and grounds of a Games Team Selection appeal, the Chairman will determine whether there are appropriate grounds for the appeal to proceed as set out in Section 5. In the absence of the Chairman, a designate will perform this function. 7. If the appeal is denied on the basis of insufficient grounds, the Appellant will be notified of this decision in writing, giving reasons. This decision is at the sole discretion of the Chairman, or designate, and may not be appealed. Appeals Panel 8.i) If the Chairman, or designate, is satisfied that there are sufficient grounds for an appeal, within 14 days of having received the original notice of appeal the Chairman will establish an Appeals Panel (the "Panel") as follows: a) The Panel will be comprised of three individuals who will have no significant relationship with the affected parties, will have had no involvement with the decision being appealed, and will be free from any other actual or perceived bias or 18 conflict. b) The Panel's members will select from themselves a Chairperson. ii) If the Chairman, or designate, is satisfied that there are sufficient grounds for a Games Team Selection appeal, within 7 days of having received the original notice of Games Team Selection appeal the Chairman will establish an Appeals Panel (the "Panel") as follows: a) The Panel will be comprised of three individuals who will have no significant relationship with the affected parties, will have had no involvement with the decision being appealed, and will be free from any other actual or perceived bias or conflict. b) The Panel's members will select from themselves a Chairperson. Preliminary Conference 9. The Panel may determine that the circumstances of the appeal warrant a preliminary conference. The matters which may be considered at a preliminary conference include: a) format of the appeal (hearing by documentary evidence, oral hearing or a combination of both); b) timelines for exchange of documents; c) clarification of issues in dispute; d) clarification of evidence to be presented to the Panel; e) order and procedure of hearing; f) identification of witnesses; and g) any other procedural matter which may assist in expediting the appeal proceedings. 10. The Panel may delegate to its Chairperson the authority to deal with these preliminary matters. Procedure for the Hearing 11. Where the Panel has determined that the appeal will be held by way of oral hearing, the Panel will govern the hearing by such procedures as it deems appropriate, provided that: a) The hearing will be held within 21 days of the Panel's appointment. b) The Appellant and Respondent will be given 10 days written notice of the date, time and place of the hearing. c) A quorum will be all three Panel members d) Decisions will be by majority vote, where the Chairperson carries a vote. e) If the decision of the Panel may affect another party to the extent that the other party would have recourse to an appeal in their own right, that party will become a party to the appeal in question. f) Any of the parties may be accompanied by a representative or advisor including legal counsel. g) The Panel may direct that any other person participate in the appeal. 19 12. In order to keep costs to a reasonable level the Panel may conduct the appeal by means of a telephone conference. Procedure for Documentary Appeal 13. Where the Panel has determined that the appeal will be held by way of documentary submissions, it will govern the appeal by such procedures as it deems appropriate provided that: a) All parties are given a reasonable opportunity to provide written submissions to the Panel, to review written submissions of the other parties, and to provide written rebuttal and argument. b) The applicable principles and timelines set out in Section 11 are respected. Evidence that may be Considered 14. As a general rule, the Panel will only consider evidence that was before the original decision-maker. At its discretion, the Panel may hear new evidence that is material and that was not available at the time of the original decision. Appeal Decision 15. Within 14 days of concluding the appeal, the Panel will issue its written decision, with reasons. In making its decision, the Panel will have no greater authority than that of the original decision-maker. The Panel may decide: a) To reject the appeal and confirm the decision being appealed; b) To uphold the appeal and refer the matter back to the initial decision-maker for a new decision; c) To uphold the appeal and vary the decision where it is found that an error occurred and such an error cannot be corrected by the original decision-maker for reason of lack of clear procedure, lack of time, or lack of neutrality; and d) To determine how costs of the appeal, excluding legal fees and legal disbursements of any of the parties, will be allocated, if at all. 16. A copy of this decision will be provided to each of the parties and to the President. 17. In extraordinary circumstances, the Panel may issue a verbal decision or a summary written decision, with reasons to follow, provided the written decision with reasons is rendered within the timelines specified in Section Timelines 18. If the circumstances of the dispute are such that this policy will not allow a timely appeal, or if the circumstances of the disputes are such the appeal cannot be concluded within the timelines dictated in this policy, the Panel may direct that these timelines be revised. Location 19. The appeal will take place in the location designated by the Chairman, unless the Panel decides the appeal is to be held by way of telephone conference, or unless, at the 20 specific request of a party, a different location is mandated by the Panel as a preliminary matter. Final and Binding 20. The decision of the Panel will be final and binding on the parties and on all members of Skate Canada Manitoba, subject only to the provisions of Skate Canada Manitoba's policies relating to Alternative Dispute Resolution. 21 APPENDIX V PRIVACY POLICY AS PER SKATE MANITOBA STANDING RULES (Revised by Skate Manitoba February 15, 2008) J.101 PRIVACY POLICY Purpose of this Policy 1. Privacy of personal information is governed by the Personal Information Protection and Electronics Documents Act (“PIPEDA”). This policy describes the way that Skate Canada Manitoba collects, uses, retains, safeguards, discloses and disposes of personal information, and states Skate Canada Manitoba’s commitment to collecting, using and disclosing personal information responsibly. This policy is based on the standards required by PIPEDA, and Skate Canada Manitoba’s interpretation of these responsibilities. Background 2. Our organization, Skate Canada Manitoba, is the governing body for the sport of Figure Skating in Manitoba and provides these services to members and the public: SKATE CANADA MANITOBA MISSION To provide opportunities for every Manitoban to participate in skating throughout their lifetime for fun, fitness and achievement Personal Information 3. Personal information is information about an identifiable individual. Personal information includes information that relates to their personal characteristics (e.g., gender, age, income, home address or phone number, ethnic background, family status), their health (e.g., health history, health conditions, health services received by them) or their activities and views (e.g., religion, politics, opinions expressed by an individual, an opinion or evaluation of an individual). Personal information, however, does not include business information (e.g., an individual’s business address and telephone number), which is not protected by privacy legislation. Accountability 4. The Executive Director is the Privacy Officer and is responsible for the monitoring information collection and data security, and ensuring that all staff receives appropriate training on privacy issues and their responsibilities. The Privacy Officer also handles personal information access requests and complaints. The Privacy Officer may be contacted at the following address: 22 Skate Canada Manitoba, 200 Main Street, Winnipeg, MB R3C 4M2 Purpose 5. Personal information will only be collected by Skate Canada Manitoba to meet and maintain the highest standard of organizing and programming the sport of Figure Skating. Skate Canada Manitoba collects personal information from prospective members, members, coaches, officials, participants, team managers and volunteers for purposes that include, but are not limited to, the i) Name, address, phone number, cell phone number, fax number and e mail address for the purpose of communicating about Skate Canada Manitoba’s programs, events and activities. ii) NCCP number, education, resumes and experience for database entry at the Coaching Association of Canada to determine level of certification and coaching qualifications. Skate Canada number to determine level of certification, coaching qualifications and registration confirmation iii) Date of birth, athlete biography, and member club to determine eligibility, age group and appropriate level of play. iv) Banking information, social insurance number, criminal records check, resume, and beneficiaries for Skate Canada Manitoba’s payroll, company insurance and health plan. v) Criminal records check and related personal reference information for the purpose of implementing Skate Canada Manitoba’s volunteer screening program. vi) Personal health information including provincial health card numbers, allergies, emergency contact and past medical history for use in the case of medical emergency. vii) Athlete information including height, weight, feedback from coaches and trainers, performance results for athlete registration forms, outfitting uniforms, media relations, and various components of athlete and team selection. viii) Athlete whereabouts information including sport/discipline, training times and venues, training camp dates and locations, travel plans, competition schedule, and disability, if applicable, for Canadian Centre for Ethics in Sport inquiries for the purposes of out-of-competition drug testing. ix) Marketing information including attitudinal and demographic data on individual members to determine membership demographic structure, and program wants and needs. 23 x) Name, address, phone number, cell phone number, fax number and e-mail address for the purpose of providing insurance coverage, managing insurance claims and conducting insurance investigations. 6 If a purpose has not been identified herein, Skate Canada Manitoba will seek consent from individuals when personal information is used for a purpose not already consented to. This consent will be documented as to when and how it was received. Consent 7 Consent is required to be obtained by lawful means from individuals at the time of collection, prior to the use or disclosure of the personal information. If the consent to the collection, use or disclosure was not obtained upon receipt of the information, consent will be obtained prior to the use or disclosure of that information. Skate Canada Manitoba may collect personal information without consent where reasonable to do so and where permitted by law. 8 By providing personal information to Skate Canada Manitoba, individuals are consenting to the use of the information for the purposes identified in this policy. 9 Skate Canada Manitoba will not, as a condition of a product or service, require an individual to consent to the collection, use or disclosure of information beyond that required to fulfill the specified purpose. 10 An individual may withdraw consent to the collection, use or disclosure of personal information at any time, subject to legal or contractual restrictions, provided the individual gives one week’s notice of such withdrawal to Skate Canada Manitoba. The Privacy Officer will advise the individual of the implications of such withdrawal. Limiting Collection 11 All personal information will be collected fairly, by lawful means and for the purposes as specified in this policy. SKATE CANADA MANITOBA will not use any form of deception to obtain personal information. Limiting Use, Disclosure and Retention 12 Personal information will not be used or disclosed by SKATE CANADA MANITOBA for purposes other than those for which it was collected as described herein, except with the consent of the individual or as required by law. 13 Personal information will be retained for certain periods of time in accordance with the following: 14 Registration data and athlete information will be retained for a period of three years after an individual has left a program of Skate Canada Manitoba, in the event that the individual chooses to return to the program; 24 15 Parental/family information will be retained for a period of three years after an individual has left a program of Skate Canada Manitoba, in the event that the individual chooses to return to the program; 16 Information collected by coaches will be retained for a period of three years after an individual has left a program of Skate Canada Manitoba, in the event that the individual chooses to return to the program. 17 Employee information will be retained for a period of seven years in accordance with Canada Customs and Revenue Agency requirements. 18 Personal health information will be immediately destroyed when an individual chooses to leave a program of Skate Canada Manitoba. 19 Marketing information will be immediately destroyed upon compilation and analysis of collected information. 20 As otherwise may be stipulated in federal or provincial legislation. 21 Personal information that is used to make a decision about an individual will be maintained for a minimum of one year of time to allow the individual access to the information after the decision has been made. 22 Skate Canada Manitoba may disclose personal information to a government authority that has asserted its lawful authority to obtain the information or where Skate Canada Manitoba has reasonable grounds to believe the information could be useful in the investigation of an unlawful activity, or to comply with a subpoena or warrant or an order made by the court or otherwise as permitted by applicable law. 23 Documents will be destroyed by way of shredding and electronic files will be deleted in their entirety. When hardware is discarded, SKATE CANADA MANITOBA will ensure that the hard drive is physically destroyed. Accuracy 24 Skate Canada Manitoba will use accurate and up-to-date information as is necessary for the purposes for which it is to be used, to minimize the possibility that inappropriate information may be used to make a decision about an individual. Safeguards 25 Personal information is protected by security safeguards appropriate to the sensitivity of the information against loss or theft, unauthorized access, disclosure, copying, use or modification. 26 Methods of protection and safeguards include, but are not limited to, locked filing cabinets, restricted access to offices, security clearances, need-to-know access and technological measures including the use of passwords, encryption and firewalls. 25 27 The following steps will be taken to ensure security: 28 Paper information is either under supervision or secured in a locked or restricted area. 29 Electronic hardware is either under supervision or secured in a locked or restricted area at all times. In addition, passwords are used on computers. 30 Paper information is transmitted through sealed, addressed envelopes or in boxes by reputable courier/delivery companies. 31 Electronic information is transmitted either through a direct line or is encrypted. 32 Staff are trained to collect, use and disclose personal information only as necessary to fulfill their duties and in accordance with this policy. 33 External consultants and agencies with access to personal information will provide Skate Canada Manitoba with appropriate privacy assurances. Openness 34 Skate Canada Manitoba will publicize information about its policies and practices relating to the management of personal information. This information is available through this policy, on Skate Canada Manitoba’s web site or upon request by contacting the Privacy Officer. 35 The information available to the public includes: a) The name or title, address and telephone number of Skate Canada Manitoba’s Privacy Officer. b) The forms that may be used to access personal information or change information. c) A description of the type of personal information held by Skate Canada Manitoba, including a general statement of its approved uses. Individual Access 36 Upon written request, and with assistance from Skate Canada Manitoba, an individual may be informed of the existence, use and disclosure of his or her personal information and will be given access to that information. As well, an individual is entitled to be informed of the source of the personal information along with an account of third parties to whom the information has been disclosed. 37 Requested information will be disclosed to the individual within 30 days of receipt of the written request at no cost to the individual, or at nominal cost relating to photocopying expenses, unless there are reasonable grounds to extend the time limit. 38 If personal information is inaccurate or incomplete, it will be amended as required. 39 An individual may be denied access to his or her personal information if: 40 This information is prohibitively costly to provide; 41 The information contains references to other individuals; 26 42 The information cannot be disclosed for legal, security or commercial proprietary purposes; 43 The information is subject to solicitor-client or litigation privilege. 44 Upon refusal, Skate Canada Manitoba will inform the individual the reasons for the refusal and the associated provisions of PIPEDA. Challenging Compliance 45 An individual may challenge Skate Canada Manitoba’s compliance with this policy and PIPEDA, by submitting a challenge in writing. 46 Upon receipt of a written complaint, Skate Canada Manitoba will: 47 Record the date the complaint is received; 48 Notify the Privacy Officer who will serve in a neutral, unbiased capacity to resolve the complaint; 49 Acknowledge receipt of the complaint by way of telephone conversation and clarify the nature of the complaint within three days of receipt of the complaint; 50 Appoint an investigator using Skate Canada Manitoba personnel or an independent investigator, who will have the skills necessary to conduct a fair and impartial investigation, and who will have unfettered access to all files and personnel, within ten days of receipt of the complaint. 51 Upon completion of the investigation and within 25 days of receipt of the complaint, the investigator will submit a written report to Skate Canada Manitoba. 52 Notify the complainant of the outcome of the investigation and any relevant steps taken to rectify the complaint, including any amendments to policies and procedures, within 30 days of receipt of the complaint. 53 An individual may appeal a decision made by Skate Canada Manitoba under this Policy, in accordance with Skate Canada Manitoba’s policies for appeals. 27
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