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Proposed Changes to the Income Tax Act to Affect RCAAAs

by Rachel Corbett. The federal government is in the final stages of reviewing changes to the Income Tax Act that will affect Registered Canadian Amateur Athletic Associations (RCAAAs). The impetus for these changes is the revocation of charitable status from a number of NSOs in recent years (see Football Canada and the Tax Man). It [...]

Important Lessons for NSOs in Recent CAS Decision

by Hilary Findlay. What can Canadian sport organizations learn from a recent decision of the Court of Arbitration for Sport (CAS)? As it turns out, a lot, at least from one of its most recent decisions rendered on October 4, 2011 (CAS 2011/0/2422 USOC v. IOC). First, a quick discussion of the decision, then a [...]

Avoiding Uncertainty in Policies and Contracts

By Hilary Findlay. We know … writing and reading policy documents and contracts can be boring and tedious. I can attest to this as I have spent the last several months as a member of a team negotiating a collective bargaining agreement at a Canadian University. But these documents are important and they are essential [...]

International Weightlifting Federation (IWF) Paves the Way in Creating a More Inclusive Sport Environment

By Rachel Corbett. I am in Ottawa this weekend participating in the centennial celebrations of the Canadian PGA, and I had the opportunity to have lunch with my friend and colleague Moira Lassen, who is an international official with the sport of weightlifting and a member of the IWF’s Technical Committee. Moira had just returned [...]

PIPEDA Review Should Focus on “Networked Publics”

by Kevin Lawrie.  Recently the Office of the Privacy Commissioner of Canada released its annual report to Parliament on the Personal Information Protection and Electronic Documents Act (PIPEDA).  PIPEDA sets the ground rules for the management of personal information in the private sector – and the Privacy Commissioner (Jennifer Stoddart) oversees its application and determines [...]

Determining Notice Periods: Length of Service is Only ONE Consideration

By Hilary Findlay. We are often asked to help sport organizations determine appropriate notice periods where employees are being released without cause. This can be a tricky task. While there are a number of factors that should be considered, most are very difficult to quantify. The result has been that length of service often became [...]

OFSAA Eligibility Policy Discriminatory? Or Just a Poor Fit With Organization’s Mandate

by Hilary Findlay. Direct discrimination on well-known prohibited grounds is typically easily discerned. For example, it is well-known, if not always accepted, that girls may try out for boys’ teams – whether or not there is a girls’ team available to them.  Discrimination on other prohibited grounds has not been as well discussed or clarified, [...]

Private Information on Work Computers and the Need for Clear Policies and Procedures

By LeeAnn Cupidio and Steven Indig If your organization does not have a technology policy in place to deal with the use of electronic devices such as work-issued computers, Blackberrys and cell phones, now is the time to get one. For those organizations savvy enough to have one, it no doubt needs updating. We bring [...]

Saskatoon Blades (and Blades’ Fans) Get It Wrong on Facebook

By Kevin Lawrie. Recently there was outrage in Saskatchewan when a fake Facebook account purportedly belonging to Saskatoon Blades’ hockey star Brayden Schenn posted racist comments demeaning Aboriginals.  The Saskatoon Blades responded to the public outcry by banning its players from having Facebook accounts. Huh? An impostor made racists comments on a fake Brayden Schenn [...]

Case Comment: Voorhorst v. Canadian Soccer Association – A Bylaw That Went Too Far

by Hilary Findlay The Alberta Court of Appeal has reminded us in no uncertain terms that sport organizations cannot, through their bylaws or policies, or through threats of disciplinary action, stop individuals from seeking recourse in the courts. Getting to this nugget of knowledge has been a bit of a convoluted journey, and no doubt [...]