- Accessibility Policy Statement
- Concussion Management Policy
- Workplace Harassment Policy
- Health and Safety Policy
- Violence in the Workplace Prevention Policy
- Parent Code of Conduct
- Drug & Alcohol Free Workplace Policy
- Protection & Complaint Resolution Policy (Whistle Blower)
Accessibility Policy Statement
The Lake of Bays Sailing Club Inc. (“LBSC”) is committed to providing excellent customer service to everyone who visits our facility and participates in our programs, including people with disabilities.
This commitment means that we do our best to provide services to people with disabilities in a manner that respects their dignity and independence, while at the same time gives them the same opportunity to access our services, and allows them to benefit from the same services, in the same place and in a similar way, as all other customers.
POLICIES, PRACTICES AND PROCEDURES:
As part of this commitment, we have established various policies, practices and procedures to define how our services are provided to people with disabilities. These include the following areas:
1. Assistive Devices
At LBSC we are committed to serving people with disabilities who use, or who may benefit from the use of, assistive devices; whether to access our programs or events, or for other reasons because of their disability. LBSC will ensure that methods of communication will be available in any way that is deemed reasonable when accessing programs and services. LBSC will train employees and volunteers to ensure they are familiar with the various types of assistive devices that may be used by persons with disabilities when accessing our programs and services.
We recognize that people with disabilities may communicate differently because of their disability. At LBSC, we are committed to communicating with customers with disabilities in ways that take the nature of their disability into account. Information will be made available upon request in a variety of formats to enable all persons to communicate effectively.
3. Service Animals
We welcome people with disabilities who use service animals. Service animals are allowed in areas of LBSC property that are open to the public.
Most of the time, our staff and volunteer team will be able to easily identify whether an animal is being used as a service animal or not. In the rare situation, when it is not readily apparent, our employees and/or volunteers may ask for clarification confirming that the service animal is required for reasons relating to disability.
4. Support Persons
We also welcome people with disabilities who are accompanied by support persons. LBSC recognizes that some people with disabilities may have support people (e.g., paid professionals, volunteers, family members or friends) to help them with communication, mobility, personal care or medical needs, or with accessing our programs and events. Support persons are allowed on any part of our premises that are open to the public. At no time will a person with a disability be prevented from having access to his or her support person while on the premises.
LBSC does not charge additional fees to support workers who are acting in a support role with a disabled person at one of our events.
LBSC may require a person with a disability to be accompanied by a Support Person where it is necessary to protect the health and safety of the person with a disability or the health or safety of others on the premises.
5. Temporary Disruptions
We recognize that people with disabilities often rely on certain facilities or services being available at LBSC. As part of our commitment to providing accessible customer service, we will promptly notify customers whenever there is a temporary disruption– whether it is planned or unplanned–in such facilities or services. This notice will include the reason for the disruption, its anticipated duration, and any alternative facilities or services available. Notification will be done through postings and social media forums as well as informed staff who will be able to communicate with public.
LBSC is committed to providing training in the requirements of Ontario’s accessibility laws and the Ontario Human Rights Code as it applies to people with disabilities. Training will take place annually at the start of the season.
When it comes to providing accessible customer service, we will always try our best and will certainly learn from any mistakes. This is why we encourage and appreciate hearing about how we are doing – both good and bad.
Feedback may be provided in person, by telephone, in writing, or by delivering an electronic text by email or online, on disk or otherwise.
Feedback can be given in any format to any member of the LBSC’s leadership team (staff or volunteer) and it will be addressed by the appropriate members of the Board.
Approved April 11, 2022
Concussion Management Policy
This policy applies to all registered participants, coaches, volunteers and individuals involved with the club in any capacity. This policy will apply to all sailing activities including but not limited to ongoing registered activities, special events or groups and regattas.
The Lake of Bays Sailing Club Inc. has agreed to adopt the Ontario Sailing Concussion Management Policy for all sailing activities associated with our club to be in compliance with Ontario laws and Ontario Sailing policies.
The Policy as set by our Provincial Sport Organization is appropriate to all our sailing activities and ensures alignment with best practices as well as legal requirements.
The policy and procedures as approved by Ontario Sailing on February 12th 2019 and updated August 20th 2019 is attached. We commit to ensuring we update our policy and procedures as Ontario Sailing updates their document.
Board approved last: April 11, 2022, Review date: April 11, 2022
The Lake of Bays Sailing Club Inc. will follow the procedures as laid out in the Ontario Sailing procedures incorporating sign-off of review of resources and Codes of Conduct into our registration process.
Copies of the Concussion Recognition Tool 5 and the Concussion Removal and Return Handout Document will be available in First Aid Kits as well as in the club house.
We will take responsibility for decision making in the removal of a participant both during our activities and while traveling to events with participants representing the club. If someone is removed, our team will ensure they communicate the required information and the incident will be reported and their progression through Return to Sailing tracked, ensuring they do not return to the water without written medical clearance.
Last reviewed: April 11, 2022
Workplace Harassment Policy
The Lake of Bays Sailing Club Inc. (“LBSC”) is committed to providing a work environment in which all workers are treated with respect and dignity. Workplace harassment will not be tolerated from any person in the workplace. This policy and the expectation to contribute to an environment where any form of harassment is unacceptable applies to all staff and volunteers of LBSC and in turn customers and businesses associated with LBSC. This policy applies to all LBSC programs and organization functions including social events.
Workplace harassment means engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome or workplace sexual harassment. Workplace sexual harassment means:
- engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or
- making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome;
Reasonable action taken by the employer or supervisor relating to the management and direction of workers or the workplace is not workplace harassment.
Employees are encouraged to formally report any incidents of workplace harassment to the Executive Director or President of the Board. Should these individuals be inappropriate given the nature of the complaint any member of the Board of Directors is prepared to assist employees or volunteers with formal reports of incidents of harassment. No one is to be penalized or disciplined for reporting an incident or for participating in an investigation involving workplace harassment.
All complaints or incidents of workplace harassment will be investigated and dealt with in a fair, respectful and timely manner. Information provided about an incident or about a complaint will not be disclosed except as necessary to protect workers, to investigate the complaint or incident, to take corrective action or as otherwise required by law. Detailed information on the process of filing formal complaints and the investigation process are in the attached Workplace Harassment Program. Employees and volunteers are expected to adhere to this policy, and will be held responsible by LBSC for not following it. LBSC will provide annual training in workplace harassment and workplace sexual harassment.
If an employee needs further assistance, he or she may always file their complaint with the President of the Board of Directors of LBSC or file an application with the Human Rights Tribunal of Ontario.
This policy will be review annually and revised as needed by the Board of Directors.
Reviewed and approved by Board of Directors
Date: April 11, 2022
Health and Safety Policy
The Lake of Bays Sailing Club Inc. (“LBSC”) is vitally interested in the health and safety of its employees and volunteers. Protection of employees and volunteers from injury or occupational disease is a major continuing objective. LBSC will make every effort to provide a safe, healthy work environment. All employers, supervisors and employees must be dedicated to the continuing objective of reducing risk of injury.
LBSC will meet the requirements applicable health and safety legislation, but will also look for input from all involved with the club to further ensure the safety of all individuals involved with the club. This high level of safety will be accomplished by providing and maintaining a safe and healthy work environment and by providing education and regular training to employees and volunteers to ensure daily activities of operation are performed safely.
LBSC will work in partnership with the staff and volunteers to ensure that health and safety is a first consideration in any task, decision making and overall operations. Neglect of health and safety responsibilities will not be tolerated, nor shall it be sacrificed for expediency. The Board, in consultation with employees and volunteers, will ensure that procedures are in place to ensure safe work practices.
The Board has the responsibility for ensuring that employees and volunteers are trained in approved work procedures to obtain optimal performance without incidents and injury and to ensure that employees follow safe work methods and all related regulations.
In addition to the priority with our employees, all outside contractors working on projects for the club will be required to support the Occupational Health and Safety Program and make sure that Health and Safety is a part of their daily routine by following safe work methods and relevant regulations.
This policy, and associated procedures will be shared regularly with the relevant individuals at the club in a variety of methods and will be reviewed regularly to ensure current best practices are in place for the club.
It is in the best interest of all parties to consider health and safety in every activity. Commitment to health and safety must form an integral part of this organization, for every individual involved.
Reviewed and approved by Board of Directors
Date: April 11, 2022
Violence in the Workplace Prevention Policy
The Lake of Bays Sailing Club Inc. (“LBSC”) is committed to providing a respectful, supportive, healthy, safe, accessible and inclusive work environment for all employees, as they are entitled to work in an environment free from Workplace Violence. We uphold a zero tolerance to acts of Workplace Violence. All incidents and alleged incidents of workplace violence, no matter of what magnitude or whom it may involve, must be treated seriously and handled in a manner which includes immediate reporting to the supervisor/manager and, when required, the police. Whatever the cause or whoever the perpetrator, workplace violence is not to be accepted or tolerated. Sanctions could include up to immediate dismissal for perpetrators and criminal charges.
LBSC will be proactive in working with its employees to prevent violence in the workplace by establishing and implementing a comprehensive workplace violence prevention program to fulfill the requirements of relevant legislation including the:
- Occupational Health and Safety Act
- Criminal Code of Canada
- Ontario Human Rights Code
- Workplace Safety and Insurance Act
This policy defines Workplace Violence (violence) and identifies the responsibilities of Employees and Management. It identifies behaviours that constitute violence and identifies the process for reporting and resolving incidents of violence.
This policy applies to all employees of LBSC which includes but is not limited to regular, temporary and contract employees including consultants. This policy also applies to volunteers, including Board of Directors.
This policy covers incidents of violence, as defined below. This policy does not apply to Workplace Harassment. Refer to the Workplace Harassment Policy and Workplace Harassment Program in response to incidences of Workplace Harassment.
Workplace violence includes acts of physical violence, abuse (verbal or physical), bullying, intimidation, or other threatening behaviour that occurs in the work place.
For the purposes of this policy, workplace includes any location in which employees and/or volunteers are engaged in LBSC business activities necessary to perform their assignments. This includes, but is not limited to LBSC offices, employee/volunteer parking lots, employee/volunteer organized social events, field locations, and during business related travel.
Bullying is an offensive, cruel, intimidating, insulting or humiliating behaviour that includes physical violence or the threat of physical violence. It can be physical or verbal, direct or indirect such as gossip. Bullying is considered harassment in general, unless there is physical contact or a threat of violence, where it is considered violence. Bullying is ill treatment that is not addressed under human rights legislation or criminal codes.
Note: If you witness an act of workplace violence in progress or if an individual becomes violent and your safety is at risk, leave the area immediately and call 911 or the emergency services number in your area.
A number of different actions in the work environment can trigger or cause workplace violence. It may even be the result of non-work related situations such as family crises, alcohol or drug abuse, financial pressures, or legal difficulties. Workplace violence can be inflicted by an abusive employee, volunteer, supervisor, manager, co-worker, client, family member, or even a stranger.
However, there is no sure way to predict human behaviour and, while there may be warning signs, there is no specific profile of a potentially dangerous individual. The best prevention comes from identifying any problems early and dealing with them.
Prevention of workplace violence is the most important part of any plan. At its core, it involves awareness by management, employees and volunteers on the potential of violence and steps that can be taken to lessen the possibilities of an incident:
Pre-employment screening – The adherence to present policies regarding employee and volunteer screening is essential to identifying potential offenders before they are hired or engaged
Code of Conduct – All employees and volunteers are to read, sign and abide by the Code of Conduct.
Security – Maintaining a safe workplace is part of any good prevention program. There are a variety of ways to help ensure safety, such as locked doors after hours and general awareness.
Dispute resolution – An employee or volunteer may turn violent, in part, due to a build-up of frustrations in the workplace. Use of the organizations appeal process is key to providing individuals with a constructive outlet for their concerns. Where there is interpersonal conflict, efforts will be made to support all parties.
Finally, and most importantly, employees and volunteers need to be aware of the fact that interpersonal behaviours can dramatically affect the possibility of a violent incident. Relations among all those in the organization’s family, including participants, should include respect for one another and an awareness of the importance of human dignity. Furthermore, willingness to listen to and assist fellow staff and volunteers can go a long way towards mitigating feelings of depression and helplessness that can lead to violent behaviour.
Everyone has the right to an environment that is free from violence, and threat of violence, and to file a complaint when the environment is not free from violence. Employees have the right to file a complaint without fear of any discrimination or retaliation for being, or perceived to be, victims of workplace violence.
Employees have the right to refuse unsafe work where workplace violence is likely to endanger them. While work refusal is being investigated, the employee is to remain in a safe place that is as near as possible to their work location, making themselves available for the purposes of the investigation.
Employees & volunteers are responsible for:
- Being familiar with applicable policies, procedures and programs affecting violence in the workplace, including Harassment in the Workplace, and Workplace Violence; securing their own workplace; questioning and/or reporting strangers to supervisors/managers
- Reporting any threats, physical or verbal, and/or any disruptive behaviour of any individual to the appropriate supervisor/manager
- Being familiar with any local procedures for dealing with workplace threats and emergencies
- Taking all threats seriously
- In the event of an incident of violence, reporting it immediately to his/her supervisor/manager or police, as the case may necessitate.
Management is responsible for:
- Informing employees and volunteers of applicable policies, procedures and programs affecting violence in the workplace, including Harassment in the Workplace and Workplace Violence.
- Ensuring that employees and volunteers know specific procedures for dealing with workplace threats and emergencies, and how to contact police, fire, and other safety and security officials
- Ensuring that employees and volunteers with special needs are aware of emergency evacuation procedures and have assistance (as necessary) regarding emergency evacuation situations
- Ensuring the security of buildings and offices
- Providing adequate resources for training and awareness and including workplace violence awareness in employee and volunteer orientation. Training is to be updated for any new sites or situations that may present new or different risks for workplace violence.
- Ensuring compliance with applicable provincial/territorial Health and Safety legislation
- Responding to potential threats, escalating situations and incidents of violence by utilizing proper resources from the following: first aid providers, local law enforcement and medical services.
- Ensuring that all incidents of violence in the workplace are documented as outlined by the individual affected using the applicable Staff Incident/ Accident Report and Investigation Form. These forms are located in the first aid kits. The Executive Director will be advised of all incidents resulting in lost time from the workplace or if medical attention is required in order that proper documentation is completed and sent to Workers’ Compensation
- In consultation with Executive Director or Board, determining whether sufficient evidence exists to justify taking disciplinary action or discharging the employee/volunteer once the investigation of any misconduct is complete
- Taking all threats seriously
- Providing information about third party support opportunities for any employee who experience violence in the workplace
Where an act of violence has occurred, workplace injury protocols are to be followed, the perpetrator removed (by police where there is an ongoing threat) and the site secured. Authorities are notified, if they have not been already, as well Executive Director and in turn the Board of Directors. An investigation will then be conducted.
Where a threat of violence has occurred, the Executive Director and in turn Board of Directors are to be notified. If the person who is uttering the threat is at the worksite, s/he shall be removed prior to any further investigation. An investigation will then be conducted.
If there has not been a threat or an act of violence, the act may be considered harassment. Refer to LBSC Workplace Harassment Policy.
No investigation information is to be kept on the employee/volunteer’s personnel file with the exception of official disciplinary/termination papers. Similar to problem resolution cases, investigation information should be kept indefinitely in a separate file. Proven allegations of violence, including disciplinary action taken shall be documented and form part of the employee/volunteer’s permanent record.
An act of violence, committed or threatened, by an employee or volunteer is a serious offence. If the act or threat of violence is substantiated, the violent employee/volunteer will be subject to immediate disciplinary action, up to and including dismissal. LBSC reserves the right to discipline those whose complaints are frivolous or vexatious.
Any interference with the conduct of an investigation, or retaliation against a complainant, respondent or witness, may itself result in disciplinary action.
Criteria in determining level of disciplinary action shall be based on fact scenario and will take into account harm to the individual, harm to the organization and its reputation, and whether or not there was an unequal power relationship.
Where the conduct involves, or may involve, criminal activity, LBSC reserves the right involve the appropriate Police Services.
Employees and volunteers have a duty to disclose criminal activity.
Nothing in this policy shall be deemed to limit the right of an employee or volunteer to pursue criminal charges or civil legal action.
The Board of Directors is responsible for maintaining, monitoring, and revising this policy; and for authorizing exceptions. The Board is responsible for reviewing this policy annually.
Members of LBSC’s Management Team are responsible for applying and implementing this policy throughout their organization.
Reviewed and approved by Board of Directors
Date: April 11, 2022
Parent Code of Conduct
- I am registering my child or children in the LBSC Sailing programs so that they have fun, learn more about sailing, and learn more about being a good team-player.
- I will encourage my child or children to follow the LBSC Participant’s Code of Conduct.
- I will respect the instructors and encourage my child or children to respect them.
- I acknowledge that my child or children need to be careful with equipment, such as rudders, and spinnaker poles. They also need to try not to crash into other boats. I acknowledge that I am responsible for losses causes by my child’s carelessness or recklessness, and will be charged the cost of replacement or repair in such cases.
- I acknowledge that my child will get the most out of the program if they are in the correct level, and will not challenge or dispute the level they are assigned to by the instructors. In other words, I am not helping my child if I insist that they be put in a level that is too high for them. If I have questions about this, I will communicate with the head instructor.
- I acknowledge that the learning and demonstration of knowledge and skills required for a child to pass from one sailing level to another is considerable. The learning that can occur also depends on the weather conditions during my child’s program.
- I will bring my child or children on time for the program, or encourage them to be on time. This means early enough to help set up (rig) sailboats and participate in pre-sailing lessons and games.
- I understand that if my child doesn’t follow the participant code of conduct, they can be given a warning or may have to leave for the day. In extreme or serious situations, or where there is repeated failure to adhere to the Participant’s Code of Conduct, they may not be able to return to the program. No refunds will be given in any of these situations. If they have to leave for the day and are not picked up promptly, additional charges may be levied if we assign an instructor to care for them while they are waiting to be picked up.
Please download printable PDF, to be signed by participating parents.
Drug & Alcohol Free Workplace Policy
This policy applies to all employees and volunteers as well as any other individuals representing The Lake of Bays Sailing Club Inc. (“LBSC”). While individuals are participating in sailing activities, this policy also applies to sailing participants and all individuals giving leadership to sailing based activities, indoor or outdoor.
LBSC prides itself on a high level of safety in all aspects of club operations. All individuals play a role in ensuring a safe environment and employees and volunteers are responsible for leading safety practices in the club. Alcohol and drug use that impairs the ability of employees or volunteers to perform their jobs, including jeopardizing their safety and the safety of other employees, volunteers, participants and the general public, is prohibited.
The club recognizes that alcohol and drug abuse are illnesses, which can respond to therapy and treatment. The club is committed to safety, health and wellness and will assist individuals in obtaining treatment for such illnesses if required when addiction is disclosed.
Violation of Policy
The following is prohibited while on club premises, while operating a vehicle (either owned by the club or used for club business) and anytime representing the club at functions, events, or competitions:
- Possession, consuming, or being under the influence of alcohol or legalized drugs
- The presence in the body, possession, use, distribution, dispensation, sale or manufacture of illicit or illegal drugs
- Using prescribed or over-the-counter medications irresponsibly. The intentional misuse of medications (e.g.: using medication other than as prescribed or combining medication and alcohol against direction)
Being under the influence of any substance, including but not limited to alcohol, legalized marijuana, illegal or illicit drugs, when reporting to any club related activity is prohibited.
Board and Representatives
- Communicate this policy to all employees and volunteers of the club.
- Deal promptly with an actual or perceived alcohol or drug problem.
- If an individual arrives at the workplace appearing to be impaired as a result of alcohol or drug use, the club will make all reasonable efforts to ensure that they return home safely.
- In so far as it is reasonable, protect the confidentiality and privacy of an individual taking steps to deal with an alcohol or drug dependency problem.
- The club will make all reasonable efforts to ensure attendees at club sponsored functions (where alcohol is served) return home safely.
- Attend any training and awareness programs as directed by the club.
- Monitor individuals for fitness for work, including documenting evidence of alcohol or drug use and/or impairment.
- Take immediate action to remove from the job an individual appearing to be impaired. Impairment is to be judged by a supervisor on the behaviour or performance of an individual that suggests consumption or impairment by alcohol or drugs.
Employees and Volunteers
- Read and understand this policy; perform job in a safe manner in accordance with this policy.
- Report any possible impairment of other individuals who are suspected of being in violation of this policy to their supervisor.
- Cooperate fully during investigations related to this policy.
- Seek counseling and accept the necessary treatment as prescribed for an emerging alcohol or drug problem before the problem adversely affects performance.
- Follow any recommended monitoring or follow-up program as part of rehabilitation from an alcohol or drug dependency.
Any medical information regarding an individual’s alcohol or drug use will be handled in a confidential manner. Such information will be shared only among the appropriate Board members as required to effectively deal with the situation. Medical information will not be disclosed by the club, except with written consent; as required by law; or where the club determines that there is a serious risk to the health or safety of the employee or others.
Failure to Comply with Policy
The consequences for violation of this policy will depend on the facts of each case. Some of the factors that will be considered include the nature of the violation; the existence of prior violations; the response to prior treatment or corrective programs; and the seriousness of the violation.
Failure of an individual to report another when suspicions of a violation of this policy are reasonably warranted will also have consequences subjected to the facts of each case.
No individual with an alcohol or drug dependency will be disciplined or terminated for requesting help in overcoming a problem or because of involvement in a treatment or rehabilitation program. However, an individual with a substance dependency is expected to seek treatment prior to violating this policy or
putting their safety and the safety of others in jeopardy. Accordingly, if this policy is violated, appropriate disciplinary action will be taken, including but not necessarily limited to a warning or reprimand, suspension, corrective action agreement or termination for cause.
Reviewed and Approved by The Board of Directors
June 6, 2022
Protection & Complaint Resolution Policy (Whistle Blower)
In keeping with The Lake of Bays Sailing Club Inc.’s (“LBSC”) goal of maintaining the highest standards of conduct and ethics, we will investigate complaints of suspected fraudulent or dishonest use or misuse of our resources or property by staff, board members, consultants, volunteers, or members/participants. To maintain the highest standards of service, LBSC will also investigate complaints concerning its programs and services. Additionally, LBSC will not retaliate against an employee who, in good faith, raised a complaint against some practice of the club, or of another individual or entity with whom the club had a business relationship, on the basis of a reasonable belief that the practice is in violation of law or a clear mandate of public policy.
We are committed to using ensuring our established and implemented policies and procedures enable individuals to come forward with information on illegal practices or violations of organizational policies.
Staff, board members, volunteers, and all our stakeholders are encouraged to report suspected fraudulent or dishonest conduct or problems with services provided, following the procedures set forth below. This policy supplements, and does not replace, any procedures required by law, regulation, or funding source requirements.
A person’s concerns about possible fraudulent or dishonest use or misuse of resources or property, or program operation, should be reported to the Commodore. If, for any reason, a person finds it difficult to report his or her concerns to this individual, they may report the concerns directly to any member of the Board of Director’s Executive. Alternately, to facilitate reporting of suspected violations where the reporter wishes to remain anonymous, a written statement may be submitted to one of the individuals on the Board’s Executive.
All relevant matters, including suspected but unproved matters, will be promptly reviewed and analyzed, with documentation of the receipt, retention, investigation, and treatment of the complaint. Appropriate corrective action will be taken, if necessary, and findings may be communicated to the reporting person and their supervisor, if appropriate. Investigations may be conducted by independent persons such as auditors and/or attorneys. Investigators will endeavor to maintain and protect confidentiality, to the best of their ability as the situation allows.
No director, officer, employee, volunteer, or member/participant who in good faith reports suspected fraudulent or dishonest use or misuse of its resources or property or complaints concerning LBSC’s programs and services shall suffer harassment, retaliation, or adverse employment or other consequence. An employee who retaliates against someone who has reported a violation in good faith is
subject to discipline up to and including termination of employment. This Protection & Complaint Resolution Policy is intended to encourage and enable employees and others to raise serious concerns within the organization prior to seeking resolution outside the organization. The Policy is in addition to any non-retaliation requirements contained in the club’s human resource policies and those required by law.
This protection from retaliation is not intended to prohibit supervisors from taking action, including disciplinary action, in the usual scope of their duties and based on valid performance-related factors. Individuals making complaints must be cautious to avoid baseless allegations; employees who intentionally make false allegations are subject to disciplinary action in accordance with the club’s human resource policies.
Reviewed and Approved by The Board of Directors
June 6, 2022
For not-for-profit organizations in Ontario, the privacy of personal information is governed by the Personal Information Protection and Electronic Documents Act (PIPEDA). This Policy is based on the standards required by PIPEDA as interpreted by the Club.
1. The following terms have these meanings in this Policy:
- “Commercial Activity” – any particular transaction, act or conduct that is of a commercial character.
- “Club” – The Lake of Bays Sailing Club Inc.
- “Personal Information” – any information about an individual that relates to the person’s personal characteristics including, but not limited to: gender, age, income, home address, home phone number, ethnic background, family status, health history, and health conditions
- “Stakeholder” – Individuals employed by, or engaged in activities on behalf of, Club including: coaches, staff members, contract personnel, volunteers, managers, administrators, committee members, and directors and officers of the Organization
- “Member” – All categories of membership defined in the Club’s Constitution and Bylaws as well as all individuals employed by, or engaged in activities with, the Club including, but not limited to, athletes, coaches, convenors, officials, volunteers, managers, administrators, committee members, and directors and officers of the Club
2. The Club recognizes Stakeholder and Members’ right to privacy with respect to their Personal Information. This Policy describes the way that the Club collects, uses, safeguards, discloses, and disposes of Personal Information.
Application of this Policy
3. This Policy applies to all Stakeholders and Members in connection with personal information that is collected, used or disclosed during Club activity.
4. Except as provided in PIPEDA, te Club’s Board of Directors will have the authority to interpret any provision of this Policy that is contradictory, ambiguous, or unclear.
5. The Club is obligated to follow and abide by PIPEDA in all matters involving the collection, use, and disclosure of Personal Information.
6. In addition to fulfilling the legal obligations required by PIPEDA, Club Stakeholders will not:
- Publish, communicate, divulge, or disclose to any unauthorized person, firm, corporation, or third party any Personal Information without the express written consent of the Member
- Knowingly place themselves in a position where they are under obligation to any organization to disclose Personal Information
- In the performance of their official duties, disclose Personal Information to family members, friends, colleagues, or organizations in which their family members, friends, or colleagues have an interest
- Derive personal benefit from Personal Information that they have acquired during the course of fulfilling their duties with the Club
- Accept any gift or favour that could be construed as being given in anticipation of, or in recognition for, the disclosure of Personal Information
7. The Privacy Officer is responsible for the implementation of this policy and 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:
THE LAKE OF BAYS SAILING CLUB INC.
1111 Glenmount Road, Baysville, ON
Telephone: (705) 767-3937
8. Duties – The Privacy Officer will:
- Implement procedures to protect personal information
- Establish procedures to receive and respond to complaints and inquiries
- Record all persons having access to personal information
- Ensure any third party providers abide by this policy
- Train and communicate to staff information about Club’s privacy policies and practices.
9. The Club may collect Personal Information from Members and prospective Members for purposes that include, but are not limited to:
- Sending communications in the form of e-news or a newsletter with content related to Club programs, events, fundraising, activities, discipline, appeals, and other pertinent information
- Publishing articles, media relations and postings on the Club website, displays or posters
- Award nominations, biographies, and media relations
- Communication within and between Stakeholders and Members
- Discipline results and long term suspension list
- Checking residency status
Registration, Database Entry and Monitoring
- Registration of programs, events and activities
- Database entry at the Coaching Association of Canada and to determine level of coaching certification coaching qualifications and coach selection.
- Database entry to determine level of officiating certification and qualifications
- Determination of eligibility, age group and appropriate level of play/competition
- Player Registration, outfitting uniforms, and various components of athlete and team selection
- Technical monitoring, officials training, educational purposes, sport promotion, and media publications
Sales, Promotions and Merchandising
- Purchasing equipment, coaching manuals, resources and other products
- Promotion and sale of merchandise
- Travel arrangement and administration
- Implementation of the Club screening program
- Medical emergency, emergency contacts or reports relating to medical or emergency issues
- Determination of membership demographics and program wants and needs
- Managing insurance claims and insurance investigations
- Video recording and photography for personal use, and not commercial gain, by spectators, parents and friends
- Video recording and photography for promotional use, marketing and advertising by the Club
- Payroll, honorariums, company insurance and health plans
10. The Club’s Stakeholders may collect Personal Information from Members and prospective Members for other purposes, provided that documented consent specifying the use of the Personal Information is obtained from the Members or prospective Members.
11. By providing Personal Information to the Club, Members are implying their consent to the use of that Personal Information for the purposes identified in the Identifying Purposes section of this Policy.
12. At the time of the collection of Personal Information and prior to the use or disclose of the Personal Information, the Club will obtain consent from Members by lawful means. The Club may collect Personal Information without consent when it is reasonable to do so and permitted by law.
13. In determining whether to obtain written or implied consent, the Club will take into account the sensitivity of the Personal Information, as well the Members’ reasonable expectations. Members may consent to the collection and specified use of Personal Information in the following ways:
- Completing and/or signing an application form
- Checking a check box, or selecting an option (such as ‘Yes’ or ‘I agree’)
- Providing written consent either physically or electronically
- Consenting orally in person
- Consenting orally over the phone
14. The Club will not, as a condition of providing a product or service, require Members to consent to the use, collection, or disclosure of Personal Information beyond what is required to fulfill the specified purpose of the product or service.
15. A Member may withdraw consent in writing, at any time, subject to legal or contractual restrictions. The Club will inform the Member of the implications of withdrawing consent.
16. The Club will not obtain consent from Members who are minors, seriously ill, or mentally incapacitated. Consent from these individuals will be obtained from a parent, legal guardian, or a person having power of attorney.
17. The Club is not required to obtain consent for the collection of Personal Information, and may use Personal Information without the Member’s knowledge or consent, only if:
- It is clearly in the Member’s interests and the opportunity for obtaining consent is not available in a timely way
- Knowledge and consent would compromise the availability or accuracy of the Personal Information and collection is required to investigate a breach of an agreement or a contravention of a federal or provincial law
- An emergency threatens a Member’s life, health, or security
- The information is publicly available as specified in PIPEDA
18. The Club is also not required to obtain consent for the collection of Personal Information if the information is for journalistic, artistic, or literary purposes.
19. The Club may disclose Personal Information without the Member’s knowledge or consent only:
- To a lawyer representing the Club
- To collect a debt that the Member owes to the Club
- To comply with a subpoena, a warrant, or an order made by a court or other body with appropriate jurisdiction
- To a government institution that has requested the information and identified its lawful authority, if that government institution indicates that disclosure is for one of the following purposes: enforcing or carrying out an investigation, gathering intelligence relating to any federal, provincial, or foreign law, national security or the conduct of international affairs, or administering any federal or provincial law
- To an investigative body named in PIPEDA or a government institution, if the Club believes the Personal Information concerns a breach of an agreement, contravenes a federal, provincial, or foreign law, or if Club suspects the Personal Information relates to national security or the conduct of international affairs
- To an investigative body for purposes related to the investigation of a breach of an agreement or a contravention of a federal or provincial law
- In an emergency threatening an Member’s life, health, or security (the Club will inform the Member of the disclosure)
- To an archival institution
- 20 years after the individual’s death or 100 years after the record was created
- If it is publicly available as specified in PIPEDA
- If otherwise required by law
Accuracy, Retention, and Openness
20. In order to minimize the possibility that inappropriate Personal Information may be used to make a decision about a Member, Personal Information will be accurate, complete, and as up-to-date as is necessary for the purposes for which it will be used.
21. Personal Information will be retained as long as reasonably necessary to enable participation in Club programs, events, and activities, and in order to maintain historical records as may be required by law or by governing organizations.
22. The Club’s Stakeholders will be made aware of the importance of maintaining the confidentiality of Personal Information.
23. Personal Information will be protected against loss or theft, unauthorized access, disclosure, copying, use, or modification by security safeguards appropriate to the sensitivity of the Personal Information.
24. Personal Information that has been used to make a decision about a Member will be maintained for a minimum of one year in order to allow the individual the opportunity to access the Personal Information after the decision has been made.
25. The Club will make the following information available to Members:
- The means of gaining access to Personal Information held by the Club
- A description of the type of Personal Information held by the Club, including a general account of its use
- Identification of any third parties to which Personal Information is made available
26. Upon written request, and with assistance from the Club after confirming the Member’s identity, Members may be informed of the existence, use, and disclosure of their Personal Information and will be given access to that Personal Information. Members are also entitled to be informed of the source of the Personal Information, and provided with an account of third parties to which the Personal Information has been disclosed.
27. Unless there are reasonable grounds to extend the time limit, requested Personal Information will be disclosed to the Member, at no cost to the Member, within thirty (30) days of receipt of the written request.
28. Members may be denied access to their Personal Information if the information:
- Is prohibitively costly to provide
- Contains references to other individuals
- Cannot be disclosed for legal, security, or commercial proprietary purposes
- Is subject to solicitor-client privilege or litigation privilege
29. If the Club refuses a request for Personal Information, it shall inform the Member the reasons for the refusal and identify the associated provisions of PIPEDA that support the refusal.
30. Members are able to challenge the Club for its compliance with this Policy.
31. Upon receipt of a complaint, the Club will:
- Record the date the complaint is received
- Notify the Privacy Officer who will serve in a neutral, unbiased capacity to resolve the complaint;
- Acknowledge receipt of the complaint by way of telephone conversation and clarify the nature of the complaint within seven (7) days of receipt of the complaint
- Appoint an investigator using the Club’s personnel or an independent investigator, who will have the skills necessary to conduct a fair and impartial investigation and will have unfettered access to all file and personnel
- Upon completion of the investigation and within thirty (30) days of receipt of the complaint, the investigator will submit a written report to the Club
- Notify the complainant the outcome of the investigation and any relevant steps taken to rectify the complaint, including any amendments to policies and procedures
32. The Club will not dismiss, suspend, demote, discipline, harass, or otherwise disadvantage any Club Member or Stakeholder who:
- Challenges the Club for its compliance with this Policy
- Refuses to contravene this Policy or PIPEDA
- Takes precautions to be compliant with this Policy and/or PIPEDA; even though said precautions may be in opposition to the regular duties performed by the Member
Reviewed and Approved by The Board of Directors
June 6, 2022