- Code of Conduct
- Discipline Policy
- Communications Policy
- Gender & Diversity Policy
- Risk Management
1.01 The name of the Society is “THE BRITISH COLUMBIA RUGBY UNION”, hereinafter also referred to as the Union.
The purposes of the Society are:
2.01 To grow, develop and manage the sport of Rugby in the Province of British Columbia.
2.02 To undertake any other roles, functions, responsibilities or actions to best serve the sport of Rugby in the Province of British Columbia.
BYLAWS OF THE BRITISH COLUMBIA RUGBY UNION
BYLAWS OF THE BRITISH COLUMBIA RUGBY UNION (known as “BC Rugby”) BC Society No. S-0015133 as amended May 10, 2017
Section 1 - General
(a) Associate Member – any school, society, organization, or group admitted to Associate Membership by the Board.
(b) Authorized Representative – A representative of a Voting Member who has been authorized in writing by the directors or governing body of the Voting Member to attend and vote at a BC Rugby general meeting as the representative of the Voting Member.
(c) BC Rugby – a commonly used name for the British Columbia Rugby Union.
(d) Board – the BC Rugby Board of Directors.
(e) Board Committee – an advisory group appointed by the Board from time to time to be responsible for governance, policy, or a strategic function, project or program or for such other tasks or functions as may be specified by the Board.
(f) Bylaws - means these Bylaws as amended from time to time.
(g) CEO - means the person appointed by the Board from time to time to be the Chief Executive Officer of BC Rugby.
(h) Club – any registered society or other registered non-profit organization whose primary purpose is the delivery of rugby-related programs; or a post-secondary institution that delivers rugby-related programs.
(i) Director - an individual elected or appointed to serve on the Board.
(j) Discipline Committee - the committee appointed by the Board pursuant to Section 14.1(b) of these Bylaws.
(k) Elected Director – an individual elected to the Board by acclamation or by simple majority vote of the Voting Members at an annual general meeting.
(l) Executive Committee -the committee appointed by the Board pursuant to section 7.3(a) of these Bylaws.
(m) Honorary Life Member – any individual proposed by the Board for recognition of service to Rugby in BC and approved by a simple majority vote of Voting Members.
(n) Individual Member – any member of a Club, or an unaffiliated individual, who has registered with BC Rugby and has been admitted as an Individual Member by the Board or its delegates but excluding any individual who is registered as a two-week visitor.
(o) Interim Director – an individual appointed to the Board by the Board to provide expertise or to fill a casual vacancy.
(p) Interpretation Act - means the Interpretation Act, R.S.B.C. 1996, c. 238.
(q) Management Committee – an advisory group appointed from time to time by the Executive Committee or CEO to be responsible for a tactical or operational function, project, or program.
(r) Member – means a Voting Member, Associate Member, an Individual Member, or an Honorary Life Member of BC Rugby.
(s) Officer – a Director appointed by the Board to the role of President, Vice President, Treasurer or other position as an Officer of BC Rugby.
(t) Person – is to be broadly interpreted and includes an individual, a corporation, society or other body corporate, a partnership, a joint venture, a trust, an association, an unincorporated organization, a regulatory body or agency, a government or governmental agency or authority or entity, an executor or administrator or other legal or personal representative, or any other entity.
(u) Registered Address – a Member’s address as recorded in the Register of Members.
(v) Rugby – the sport of rugby and its game variations.
(w) Societies Act - the Societies Act, S.B.C. 2015, c. 18, as amended, restated or replaced from time to time, and includes its regulations.
(x) Voting Authorization Form - a written appointment of an Authorized Representative in a form approved in accordance with Section 5.2(b).
(y) Voting Entitlement - The number of votes a Voting Member is entitled to cast in accordance with Section 4.8.
(z) Voting Member – any Club in good standing that has been admitted as a Voting Member by the Board and that facilitates the delivery, growth and/or development of the sport of rugby via BC Rugby-sanctioned leagues, programs, or events.
The definitions in the Societies Act apply to these Bylaws.
1.2 Compliance with Societies Act, Interpretation Act, and Other Enactments
Subject to Section 1.1, if a provision in these Bylaws is inconsistent with the Societies Act or any other enactment of British Columbia or Canada, such provision shall have no effect and may be severed from these Bylaws without affecting any other provision hereof. If there is a conflict between a definition of the Societies Act and a definition or rule in the Interpretation Act relating to a term used in these Bylaws, the definition in the Societies Act will prevail in relation to the use of the term in these Bylaws.
The Interpretation Act applies to the interpretation of these Bylaws as if these articles were an enactment.
In these Bylaws, words in the singular form include the plural and vice versa and words importing a specific gender include all other genders.
Section 2 - Membership
The Members of BC Rugby are those persons who have become Members in accordance with these Bylaws and have not ceased to be Members.
2.2 Application For Membership
(a) A person, Club, school, organization, or group may apply to the Board or its designates for membership in BC Rugby and, upon acceptance by the Board or its designates, the person, Club, school, organization, or group becomes a Member.
(b) An individual may apply to the Board or its designates for membership as an Individual Member and upon acceptance by the Board or its designates shall be admitted as an Individual Member in BC Rugby, provided that the proposed Individual Member:
(i) has completed the BC Rugby registration process; and
(ii) is otherwise in good standing with BC Rugby.
An individual Member is a non-voting Member of BC Rugby.
(c) A Club, school, organization, or group may apply to the Board or its designates for membership as an Associate Member and upon acceptance by the Board or its designates shall be admitted as an Associate Member, provided that the proposed Member:
(i) has a permanent mailing address;
(ii) the admission to membership will not conflict with the Laws of Rugby promulgated from time to time by World Rugby; and
(iii) is otherwise in good standing with BC Rugby.
An Associate Member is a non-voting Member of BC Rugby.
(d) A Club may apply to the Board or its designates for membership as a Voting Member and upon acceptance by the Board or its designates shall be admitted as a Voting Member, provided that the proposed Voting Member:
(i) has a permanent mailing address;
(ii) the admission to membership will not conflict with the Laws of Rugby promulgated from time to time by World Rugby;
(iii) is otherwise in good standing with BC Rugby; and
(iv) does not purport to represent an area or group already partly or wholly represented by another Voting Member of BC Rugby, except with the approval of the Board.
At any meeting of the Members of BC Rugby, a Voting Member shall be entitled to exercise that number of votes as is determined in accordance with these Bylaws.
(e) The Board shall admit to Honorary Life Membership a person proposed by the Board, and approved by a majority of votes cast by the Voting Members of BC Rugby voting at a BC Rugby annual general meeting, in recognition of such person’sservice to Rugby in BC. Honorary LifeMembers are non-voting Members. Each Honorary Life Member shall remain in good standing unless such Member shall have resigned from membership or shall have died.
(f) A membership is not transferable.
2.3 Duties of Members/Good Standing
(a) Every Member must uphold the BC Rugby Constitution and must comply with these Bylaws.
(b) Each Individual Member, Associate Member and Voting Member shall be in good standing with BC Rugby provided that such Member:
(i) shall have paid the annual dues set by BC Rugby for such membership, or all other monies owed by it to BC Rugby, not later than 45 days after payment is due;
(ii) in the case of Voting Members,delivers to BC Rugby, not later than 45 days after notice in writing from BC Rugby, its Statement of Annual Accounts for the preceding financial year ofthe Club,togetherwith any other requested financial information, a Certificate of Good Standing issued by the relevant regulatory authority, a copy of its current Constitution and Bylaws and a certificate of incumbency confirming the names of the persons holding office as directors or officers of the Club;
(iii) if an Associate Member or Voting Member, continues to be engaged in the growing, developing, and/or managing of Rugby;
(iv) shall not be in conflict or non-conformity with the Laws of Rugby promulgated from time to time by World Rugby;
(v) if a Voting Member, shall maintain its permanent mailing address and Board of Directors contact information and shall advise BC Rugby of any change thereof within 15 days; and
(vi) conducts its affairs to the satisfaction of the Directors, which satisfactory conduct shall be presumed in the absence of a resolution by majority of the Directors to the contrary.
2.4 Membership Dues
The membership dues for each category of membership will be such amounts as may be set by the Board from time to time and ratified by the membership. Dues shall be payable on such date as prescribed by the Board from time to time. Significant changes to the structure of membership dues would require approval by the Voting Members.
2.5 Termination of Membership
(a) The membership of a BC Rugby Member terminates when:
(i) the membership terminates in accordance with these Bylaws;
(ii) the Member resigns;
(iii) the Member, in case of an individual, dies or, in case of a Club, dissolves; or
(iv) the Member is expelled from membership in accordance with these Bylaws or the Societies Act.
(b) Any fees or dues owing by a member at the time of termination of membership shall remain due and owing to BC Rugby.
(c) In case of a Member who has failed to pay any fees, special assessments, dues or other debts owed to BC Rugby, membership in BC Rugby is terminated if the Member is not in good standing for six consecutive months.
(d) Any Member who ceases to be a Member of BC Rugby forfeits all rights, claims, privileges or interest arising from membership in BC Rugby.
2.6 Discipline and Expulsion
(a) A Member may be disciplined by resolution of the Board or by resolution of the Discipline Committee or may be expelled by resolution of the Board for any reason which is deemed by the Board or the Discipline Committee to be in the best interest of BC Rugby including, without limitation:
(i) violating any provisions of the Societies Act, the BC Rugby constitution, these Bylaws or any rules or policies adopted by BC Rugby from time to time;
(ii) carrying out any conduct which the Board or the Discipline Committee considers to be detrimental to BC Rugby; or
(iii) for any other reason that the Board or the Discipline Committee considers to be reasonable, having regard to the purposes of BC Rugby.
(b) Disciplining a Member may include a suspension of membership rights. Before a Member is disciplined or expelled, the Discipline Committee or the Board must give the Member notice of the proposed discipline or expulsion, including reasons, and give the Member a reasonable opportunity to make representations to the Discipline Committee or the Board respecting the proposed discipline or expulsion.
2.7 Good Standing
(a) A Member who has been suspended in accordance with Section 2.6, or who has failed to pay the Member’s annual membership dues, special assessments or fees, if any, or any other debt due and owing by the Member to BC Rugby, is not in good standing so long as the suspension continues or any amount outstanding remains unpaid.
(b) A Voting Member who is not in good standing shall not be entitled to vote at general meetings of the Members, or consent to a resolution of Members.
Section 3- Meetings of Members
3.1 Annual General Meeting (AGM)
(a) AGM - Unless the holding of an annual general meeting is deferred in accordance with the Societies Act, BC Rugby Directors must call annual general meetings so that an annual general meeting is held in each calendar year.
(b) Resolution Instead of AGM - An annual general meeting is deemed to have been held if all matters that must, under the Societies Act or these Bylaws, be dealt with at that meeting, including the presentation to the members of the financial statements and auditor’s report, if any, are dealt with in a resolution and all of the Voting Members consent in writing to the resolution on or before the date on which the annual general meeting must be held in accordance with Section 3.1(a).
3.2 Notice of Meetings
(a) Calling of General Meetings - Subject to Section 3.1(a), the Board may at any time call a general meeting of members at such date, time and location in British Columbia as may be determined by the Board.
(b) Other Persons at General Meetings- Each Member, the auditor, the Directors, the President, Vice-President or other Officers, if any, and any lawyer for BC Rugby shall be entitled to attend a general meeting of BC Rugby, and in addition any other person invited by the Board is entitled to attend a general meeting. Any person attending a general meeting who is not an Authorized Representative of a Voting Member shall not be counted in the quorum and shall not be entitled to vote at the meeting.
(c) Notice of General Meetings - BC Rugby shall give not less than 21 days written notice of the date, time and location of a general meeting to its Members. Notice of a general meeting must state the nature of any business, other than ordinary business, to be transacted at the meeting in sufficient detail to permit a member receiving the notice to form a reasoned judgment concerning that business and must include the text of any special resolution to be submitted to the meeting for approval.
(d) Waiver of Notice - A person entitled to notice of a general meeting may, in any manner, waive that person’s entitlement to notice of a general meeting or may agree to reduce the period of that notice. Attendance of a member at a general meeting is a waiver of the member’s entitlement to notice of the meeting unless the member attends the meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called.
(e) Form of Notice – BC Rugby may give notice of a general meeting by:
(i) Sending an email with the date, time and location of the general meeting and all other required information to every member who has provided an email address to BC Rugby; and
(ii) Posting notice of the date, time and location of the general meeting, throughout the period commencing at least 21 days before the meeting and ending when the meeting is held, on the BC Rugby website.
(f) Accidental Omission - The accidental omission to send a notice of a general meeting to a member or the non-receipt of any notice by a member or any of the persons entitled to receive notice does not invalidate any proceedings at the general meeting.
(g) Notice of Adjourned General Meeting - It is not necessary to give any notice of a continuation of an adjourned general meeting or of the business to be transacted at a continuation of an adjourned general meeting except that, when a general meeting is adjourned for 30 days or more, notice of the continuation of the adjourned meeting must be given.
3.3 Requisition of General Meetings
(a) 10% of the Voting Members in good standing may requisition the Directors to call a general meeting for the purposes stated in the requisition.
(b) Requisition Document - A requisition may be made in a single document or may consist of several documents in similar form, and must:
(i) Contain the names of, and be signed by, not fewer than 10% of the Voting Members in good standing;
(ii) State, in 200 words or less, the business to be considered at the meeting, including any special resolution intended for consideration at the meeting;
(iii) Be delivered to BC Rugby’s registered office; and
(iv) Be sent to each Director listed in BC Rugby’s Register of Directors.
(c) Requisition Notice - Promptly after BC Rugby receives a requisition in accordance with Section 3.3(b), the Directors must call a general meeting, to be held within 60 days after BC Rugby receives the requisition, to consider the business stated in the requisition, and BC Rugby must send, with the notice of the meeting, the text of the statement referred to in Section 3.3(b)(ii).
(d) Notice By Members - If, within 21 days after the date of BC Rugby’s receipt of a requisition, the Directors do not call a general meeting, a majority of the requisitionists listed in 3.3(b)(i) may call the meeting. A general meeting called under this Section 3.3(d) must be called within 60 days after the expiry of such 21 day period, and must be called and held in the same manner, as nearly as possible, as a general meeting called and held by the Board except that notice of the meeting must be sent to every Director as well as to every Member.
(e) Expenses - Unless otherwise resolved by ordinary resolution at the general meeting, BC Rugby must reimburse the Voting Members who called the meeting according to Section 3.3(d) for the out of pocket expenses actually and reasonably incurred by them in calling and holding that meeting.
Section 4 - Proceedings at General Meetings
4.1 Ordinary Business at General Meetings
At a general meeting, the following business is ordinary business:
(a) Adoption of rules of order;
(b) Consideration of any BC Rugby financial statements presented to the meeting;
(c) Consideration of the report, if any, of the Directors or auditor;
(d) Election or appointment of Directors;
(e) Appointment of an auditor; and
(f) Business arising out of a report of the Directors not requiring the passing of a special resolution.
4.2 Order of Business at General Meetings
(a) The order of business at a general meeting is as follows:
(i) Elect an individual to chair the meeting;
(ii) Determine that there is a quorum;
(iii) Approve the agenda;
(iv) Approve the minutes from the last general meeting;
(v) Deal with unfinished business from the last general meeting;
(vi) If the meeting is an annual general meeting:
- Receive the Directors’ report on BC Rugby’s financial statement for the previous financial year, and the auditor’s report, if any, on those statements;
- Receive any other reports of Directors’ activities and decisions since the previous annual meeting;
- Elect or appoint directors; and
- Appoint an auditor;
(vii) Deal with new business, including any matters about which notice has been given to the Members in the notice of meeting; and
(viii) Terminate the meeting.
(b) No business, other than ordinary business, shall be conducted at a general meeting of the Members except as may be set forth in the notice of the meeting, or that is proposed or authorized by the Chair.
(c) Meeting Minutes - Minutes of all BC Rugby general meetings shall be recorded, stored and made available to the Members in such a manner or format as may be approved by the Board from time to time.
4.3 Matters to Be Decided
(a) Ordinary Resolution - A matter to be decided at a general meeting must be decided by ordinary resolution unless the matter is required by the Societies Act or these Bylaws to be decided by special resolution or by another resolution having a higher voting threshold than the threshold for an ordinary resolution. Ordinary resolutions require a simple majority of votes cast by Voting Members for the resolution to pass.
(b) Special Resolution - The majority of votes required for a special resolution to be passed at a general meeting is two-thirds of the votes cast by Voting Members.
4.4 Chairing Meetings
(a) The Chair - The following individual is entitled to preside as Chair at a general meeting:
(i) the President;
(ii) if the President is unable or unwilling to act as Chair of the meeting, the Vice- President; or
(iii) one of the other Directors present at the general meeting, if both the President and the Vice-President are unable or unwilling to act as Chair of the general meeting.
(b) Selection of Alternate Chair - If there is no individual entitled under Section 4.4(a) who is able or willing to preside as Chair of a general meeting within 15 minutes from the time set for holding the meeting, the Voting Members who are present must elect an individual present at the meeting to chair the meeting.
(a) Quorum Necessary - Business, other than the election of the Chair of the meeting and the adjournment or termination of the meeting, must not be transacted at a general meeting unless a quorum of Voting Members is present.
(b) Quorum for General Meetings - The quorum for the transaction of business at a general meeting is the presence of the greater of:
(i) the Authorized Representatives of ten (10) Voting Members; and
(ii) the Authorized Representatives of Voting Members who collectively hold not less than 25% of the aggregate number of eligible votes.
(c) Lack of Quorum - If, within 30 minutes from the time set for holding a general meeting, a quorum of Voting Members is not present:
(i) In the case of a general meeting convened by requisition of Members, the meeting is terminated; and
(ii) In any other case, the meeting stands adjourned to the same day in the next week, at the same time and place, and if, at the continuation of the adjourned meeting, a quorum is not present within 30 minutes from the time set for holding the continuation of the adjourned meeting, the Voting Members who are present constitute the quorum for that meeting.
(d) Quorum Ceases to Be Present - If, at any time during a general meeting, there ceases to be a quorum of Voting Members present, business then in progress must be suspended until there is a quorum present or the meeting is adjourned or terminated.
4.6 Participation by Telephone or other Communications Medium
(a) A person who is entitled to participate in, including vote at, a general meeting may participate in person or by telephone or other communications medium if all of the persons participating in the meeting, whether in person, by telephone or other communications medium, are able to communicate with each other.
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(b) Notwithstanding the foregoing, BC Rugby is not obligated to take any action to facilitate the use of a communications medium at a general meeting to allow Members to participate by telephone or other communications medium.
(c) A Member who participates in a meeting in a manner contemplated by Section 4.6(a) is deemed for all purposes of the Societies Act and these Bylaws to be present at the meeting and to have agreed to participate in that manner.
4.7 Proposing a Motion
(a) The Chair of any general meeting is entitled to propose or second a motion.
(b) Board Motions – At a general meeting of the Members, any Director shall be entitled to propose motions or resolutions that have been approved by the Board, but only if prior written notice of the motion or resolution has been provided to the BC Rugby office at least 28 days in advance of the meeting, and such notice includes:
(i) the proposed motion; and
(ii) a statement in support of the motion. The motion and statement together, must not exceed 200 words in length.
(c) Member’s Motions - Voting Members in good standing holding not less than 5% of the eligible votes for a meeting or a minimum of two Voting Members in good standing, whichever is greater, may send to BC Rugby a notice of a motion that such Members propose to have considered at a general meeting of the Members provided that:
(i) such written notice sent to BC Rugby must contain the names of the Voting Members proposing the motion as required in this Section 4.7(c) and must be signed on behalf of each Voting Member by a duly authorized officer or director of the Voting Member.
(ii) proposed motions must be provided to the BC Rugby office at least 28 days in advance of the meeting, and must include with such notice:
- The proposed motion;
- The names, positions, and signatures of the authorized officers and/or directors of the Voting Members submitting the motion; and
- A statement in support of the motion.
Provided that the motion and statement together, must not exceed 200 words in length.
(iii) BC Rugby must circulate the motion to the Members, if all requirements from 4.7(c) are satisfied.
(iv) BC Rugby need not comply with Section 4.7(c)(ii), if substantially the same proposal was considered at a general meeting held within the two previous calendar years.
(d) Speaking to a Motion - All Members, including Directors, shall be entitled to speak to any motion presented at general meetings of the Members, subject to the direction of the Chair.
4.8 Voting on a Motion
(a) Only Voting Members in good standing shall be entitled to vote at meetings of the Members.
(b) On a vote held in respect of any resolution or other matter put before a meeting of Members, each Voting Member shall be entitled to one vote for each individual who is registered as an Individual Member of BC Rugby and is recorded with BC Rugby as registered with that Voting Member as of the immediately preceding August 31.
(c) The determination of the number of votes to be allocated to each Voting Member for any meeting of Members shall be made based on the registered Individual Members of BC Rugby as of August 31st of each year and the number of votes allocated to each Voting Member as of August 31st of each year shall apply for any meetings of the Members held in the subsequent year commencing September 1 until the following August 31, including the annual general meeting.
(d) For the purposes of determining the number of Votes allocated to Voting Members, only one vote can be allocated for each registered Individual Member of BC Rugby and if any Individual Member is associated with more than one Voting Member, the Individual Member must provide BC Rugby with written notification of which Voting Member the Individual Member elects to be associated with for the purposes of determining Voting Entitlement.
(e) Each Voting Member must designate in writing the name of an Authorized Representative to attend on behalf of the Voting Member and cast its vote at each BC Rugby general meeting. Written notice of the person designated to act as the Authorized Representative of the Voting Member at any meeting must be delivered to BC Rugby at least 72 hours prior to the meeting or presented to the Chair of the meeting, or their designate, prior to the commencement of the meeting.
(f) Votes at a general meeting of the Members shall be by show of VotingEntitlement for each Voting Member except that if, either before or immediately after such a vote is held by show of Voting Entitlement, two or more Voting Members request a ballot or if a ballot is directed by the Chair of the meeting, then any vote shall be made by ballot.
(g) For a show of Club Voting Entitlement, or on a ballot, a Voting Member must cast all of its votes as a single unified block of votes either for or against, or abstain, in respect of the resolution or other matter which is being voted upon and there can be no partial allocation or partial exercise of Voting Entitlement whether by the Authorized Representative or otherwise.
(h) Except where required by these Bylaws, the British Columbia Societies Act or otherwise by law, any resolution or other matter to be decided by a vote of Members at general meetings of the Members shall be determined by a simple majority of Voting Members who are present at the meeting in person, by telephone or by other communication medium, and who cast a vote on the resolution or other matter being voted upon.
4.9 Declaration of Results
(a) Vote Results - The Chair of a general meeting must declare to the meeting the outcome of each vote and that outcome must be recorded in the minutes of the meeting. A declaration of the Chair that a resolution is carried by the necessary majority or is defeated is final.
(b) Retention of Ballots and Proxies - BC Rugby must, for at least three months after a general meeting, keep each ballot cast at the meeting, and, during that period, make them available for inspection during statutory business hours by any Voting Member or Authorized Representative entitled to vote at the meeting. At the end of such three-month period, BC Rugby may destroy such ballots.
4.10 Meeting Adjournment
(a) The Chair of a general meeting may, or, if so directed by ordinary resolution must, adjourn the meeting.
(b) No business may be transacted at the continuation of the adjourned meeting other than the business left unfinished at the adjourned meeting.
Section 5 - Authorized Representation at General Meetings
5.1 Appointment of Authorized Representatives
(a) Authorized Representative – BC Rugby will recognize one Authorized Representative of a Voting Member to attend and act at a general meeting in the manner and with the powers normally held by the Voting Member. A Voting Member represented in accordance with this Section 5.1(a) shall be deemed to be present in person at the meeting for the purposes of these Bylaws.
(b) Dedicated Representative - An Authorized Representative may represent only one Voting Member.
(c) Directors Cannot Represent - Current BC Rugby Directors, or any nominee for election as Director at that meeting, cannot be an Authorized Representative.
5.2 Validity of Authorized Representatives
(a) Written Voting Authorization Form – The appointment of an Authorized Representative to represent a Voting Member at a general meeting must be in writing and must:
(i) Be received at the registered office of BC Rugby or at any other place specified in the notice of meeting , at least 72 hours before the day set for the holding of the meeting; or
(ii) Be delivered to the Chair of the meeting or their designate prior to the commencement of the meeting.
(b) Voting Authorization Form - A Voting Authorization Form, whether for a specified general meeting or otherwise, must be in a form approved by the Board or the Chair of the meeting. The form must be signed by a duly authorized director or officer of the Voting Member.
If no form is approved by the Directors or the Chair at least 28 days prior to the meeting, the following form may be used to appoint a Voting Member’s Authorized Representative.
Please see page 16 of the PDF document available here for a copy of the Voting Authorization Form.
(c) Voting Authorization Form Delivery - A Voting Authorization Form may be sent to BC Rugby by written instrument, fax, email, or any other method of transmitting legibly written messages.
(d) Validity of Authorized Representative Vote - A vote given by an Authorized Representative at a general meeting is valid notwithstanding the revocation of the appointment or the revocation of the authority under which the appointment is given, unless notice in writing of that revocation is received:
(i) At the registered office of BC Rugby, at any time up to and including the last business day before the day set for the holding of the general meeting at which the Authorized Representative was appointed; or
(ii) By the Chair of the meeting, at the start of the meeting.
(e) Production of Evidence of Authority to Vote - The Chair of any general meeting may, but need not, inquire into the authority of any person to vote at the meeting and may, but need not, demand from that person production of evidence as to the existence of the authority to vote.
5.3 Revocation of Vote Authority
(a) Revocation in Writing - Subject to Section 5.3(b), any Authorized Representative may have their voting authority revoked by an instrument in writing that is:
(i) Received at the registered office of BC Rugby at any time up to and including the last business day before the day set for the holding of the general meeting at which the Authorized Representative was appointed; or
(ii) Provided to the Chair of the general meeting at the start of the meeting.
(b) Revocation Must Be Signed - An instrument referred to in Section 5.3(a) must be signed by the President of the Voting Member or their designate duly authorized in writing.
Section 6 - Directors
6.1 Authority of Directors
(a) Powers and Function of Directors - Subject to the Societies Act and these Bylaws, the Board shall oversee and supervise the management of BC Rugby’s activities and internal affairs.
(b) Appointment of Attorney - The Board exclusively may from time to time, by power of attorney or other instrument, appoint any person to be the attorney of BC Rugby for such purposes, and with such powers, authorities and discretions and for such period, and with such remuneration and subject to such conditions as the Board may think fit.
(c) Validity of Acts of Directors - An act of a Director or of BC Rugby is not invalid merely because:
(i) A defect in the Director’s designation, election or appointment or in the qualifications of that director;
(ii) Fewer than the required number of Directors have been designated, elected or appointed;
(iii) The residency requirements, if any, for the Directors have not been met, or
(iv) The majority of the Directors, contrary to the Societies Act, receive or are entitled to receive remuneration from BC Rugby under contracts of employment or contracts for service.
(d) Directors’ Acts Not Invalidated - No Member’s resolution invalidates a prior act of the Directors that would have been valid if that resolution had not been made.
(e) Remaining Directors Power to Act - The Directors may act notwithstanding any vacancy in the Board, but if BC Rugby has fewer Directors in office than the minimum number of Directors set pursuant to these Bylaws, the Directors may only act for the purpose of appointing Directors up to that number or of calling a general meeting for the purpose of filling any vacancies on the Board.
6.2 Board Composition
(a) Board Diversity - To the extent it is reasonably practical with available volunteers, Board composition will reflect diversity of personal and professional perspectives, including diversity in genders, ages, regions, ethnicities, expertise, game variants, and levels of rugby. Furthermore, at least one Director must be a member of a Club in:
(i) Vancouver Island;
(ii) The Fraser Valley west of Hope;
(iii) The cities or municipalities of Vancouver, Burnaby, West and North Vancouver;
(iv) British Columbia outside of the areas as described in (i), (ii) and (iii) above.
(b) Board Expertise - To the extent that it is reasonably practical, the Board of Directors will hold qualifications, expertise, and/or high-level experience in the following areas:
• Organizational Leadership
• Canadian and/or British Columbian Law
• Sport Administration
• Not-for-profit organizations
• Finance and Accounting
• Risk Management and/or Insurance
• Marketing, Public Relations and/or Communications
• Sponsorship and/or Fund-raising
(c) Number of Directors – The Voting Members may, by ordinary resolution from time to time, determine the number of Directors, but there shall be no fewer than 3 and no greater than 12 Directors.
(d) Individuals not Qualified to be Directors - An individual is not qualified to be a BC Rugby Director if the individual is:
(i) Less than 19 years of age;
(ii) Found by any court, in Canada or elsewhere, to be incapable of managing the individual’s own affairs;
(iii) An undischarged bankrupt; or
(iv) Convicted in or out of British Columbia of an offence in connection with the promotion, formation, or management of a Society or unincorporated entity, or of an offence involving fraud, unless:
- The court orders otherwise,
- 5 years have elapsed since the last to occur of: the expiration of the period set for suspension of the passing of sentence without a sentence having been passed, the imposition of a fine; the conclusion of the term of anyimprisonment; and the conclusion of theterm of any probation imposed, or
- A pardon was granted or issued, or a record suspension was ordered, under the Criminal Records Act (Canada) and the pardon or record suspension, as the case may be, has not been revoked or ceased to have effect.
(e) Director not Qualified Must Resign - A Director who is not, or who ceases to be, qualified to be a Director must promptly resign.
(f) No act or proceeding of the Directors is invalid only by reason of there being less than the prescribed number of Directors in office or by reason of the composition of the Board not being in compliance with its Board composition guidelines.
6.3 Nominating Directors
Any Member may be nominated for election as a Director by a nomination in writing signed by the nominee, a duly authorized director or officer of one Voting Member, and at least six Individual Members, that:
(a) Contains the full name, address, and occupation of the nominee and a brief description of the qualifications and reason(s) of the nominee running for the position of Director; and
(b) Is received at the registered office of BC Rugby not less than 28 days before the general meeting at which the election is to take place.
6.4 Electing Directors
(a) Election and Term of Directors - At each annual general meeting, Voting Members of BC Rugby shall elect or appoint the Directors to replace those Directors whose terms expire as of the date of such meeting or to fill any casual vacancies on the Board. Each Director shall be elected to hold office for three years, at which time, each such Director shall retire as a Director, but, if qualified, shall be eligible for re-election. To the extent that it is practical, the terms of office for the respective Directors shall be staggered so that one-third of the number of Directors are elected each year.
(b) Consentto be aDirector -Nodesignation,electionor appointmentof an individual as a Director is valid unless:
(i) That individual consents to be a Director in writing; or
(ii) The designation, election or appointment is made at a meeting at which the individual is presentand the individual doesnot refuse, atthe meeting, to be a Director.
(c) Election Process - An election may be by acclamation or simple majority shown by Voting Entitlement or by ballot.
6.5 Appointing Interim Directors
(a) Directors May Fill Casual Vacancies - The Board may, at any time, by simple majority vote of the Directors appoint an individual qualified to be a Director as a
Director to fill a vacancy that arises on the Board as a result of the resignation, death or incapacity of a Director during such Director’s term of office. A Director appointed by the Board to fill a vacancy ceases to be a Director at the next general meeting.
(b) Interim Directors - Between successive annual general meetings, the Board has the authority to appoint one or more additional Interim Directors by a simple majority vote of the Directors. Any Interim Director so appointed shall hold office only until the following BC Rugby annual general meeting, but shall be eligible for election at such meeting and, so long as the person is an additional Director, the number of Directors may be increased accordingly.
(c) Number of Interim Directors - The number of Interim Directors shall not be more than one-third of the number of Elected Directors (includingasan Elected Director any Director appointed to filla casual vacancy created upon the death, resignation or incapacity of an Elected Director).
(d) Failure to Re-Elect - Where BC Rugby fails to hold an annual general meeting in accordance with the Societies Act, the Directors then in office will be deemed to have been elected or appointed as Directors on the last day on which the annual general meeting could have been held pursuant to these Bylaws and they may hold office until other Directors are appointed or elected or until the day on which the next annual general meeting is held.
(e) Insufficient Number of Directors - If, at any annual general meeting at which an election of Directors ought to take place, the places of the retiring Directors are not filled up, some retiring Directors may be required, if willing, to continue in office until further new Directors are elected at a general meeting specially convened for that purpose or at the annual general meeting in the next or some subsequent year. If the membership has determined it will reduce the number of Directors, this consideration may not apply.
6.6 Duties of Directors
(a) Duties of Directors - A Director of BC Rugby must,when exercising the powers and performing the functions of a Director, act with a view to the BC Rugby Purpose and must:
(i) Acthonestlyand ingoodfaith withaviewtothebest interestsofBCRugby;
(ii) Exercise the care, diligence and skill that a reasonably prudent individual would exercise in comparable circumstances;
(iii) Act in accordance with BC Rugby’s Code of Conduct;
(iv) Act in accordance with the Societies Act; and
(v) Subject to Sections 6.6(a)(i), (iii) and (iv), act in accordance with these Bylaws.
(b) Employment of Directors - A majority of the Directors shall not receive or be entitled to receive remuneration from BC Rugby under contracts of employment or contracts for service.
(c) Remuneration and Reimbursement of Directors – BC Rugby shall not pay a Director remuneration for being a Director. Subject to 6.6(b) and the Societies Act, BC Rugby may pay remuneration to a Director for services provided by the Director to BC Rugby in another capacity. BC Rugby may reimburse a Director for out-of-pocket expenses reasonably incurred by the Director in performing the duties of a Director.
(d) Delegation By Directors - For greater certainty, the powers of the Board under Section 6.1 may be exercised by a Director, senior manager, committee or other delegate, direct or indirect, of the Board authorized by the Board to exercise such powers.
6.7 Termination of Directorship
(a) Ceasing to be a Director - A Director ceases to be a Director when:
(i) The Director’s term of office expires;
(ii) The Director dies, resigns or becomes incapacitated;
(iii) The Director is removed from office pursuant to Section 6.7(c); or
(iv) The Director otherwise ceases to hold office in accordance with these Bylaws.
(b) Resignation of Directors - A Director who intends to resign must give the resignation to BC Rugby in writing, and the resignation takes effect on either of the following at the discretion of the Board:
(i) The receipt by BC Rugby of the written resignation; or
(ii) If the written resignation states that the resignation is to take effect on a specified date, specified date and time, or on the occurrence of a specified event:
- If a date is specified, the beginning of the day on the specified date;
- If a date and time are specified, that date and time; or
- If an event is specified, the occurrence of that event.
(c) Removal of Director - A BC Rugby Director may be removed from office by special resolution. In that event, the Voting Members may elect, or appoint by ordinary resolution, an individual as Director to fill the resulting vacancy. If the Members do not elect or appoint a Director to fill the resulting vacancy contemporaneously with the removal, then the Directors may appoint or the Members may elect, or appoint by ordinary resolution, a Director to fill that vacancy. An individual elected or appointed pursuant to this Section 6.7(c) shall serve as Director for the balance of the term of the removed Director.
(d) Director Expulsion for Many Missed Meetings - The Directors may expel a Director from the Board who is absent without reasonable excuse from three successive meetings of the Directors.
(e) Any Director who is expelled from membership in BC Rugby, is deemed to have resigned as Director upon such expulsion or upon ceasing to be a Member in good standing.
Section 7 - Proceedings at Directors’ Meetings
7.1 Board Meetings
(a) Board Meetings - The Board may meet for the conduct of business, adjourn and otherwise regulate its meetings as it thinks fit, and meetings of the Board held at regular intervals may be held at the place, at the time and on the notice, if any, that the Board may by resolution from time to time determine.
(b) Chair of Meetings - Meetings of the Board will be chaired by:
(i) The President;
(ii) In the absence of the President, the Vice-President; or
(iii) Any other Director chosen by the Directors if:
- Neither the President nor the Vice-President is present at the meeting within 15 minutes after the time set for holding the meeting;
- Neither the President nor the Vice-President is willing to chair the meeting; or
- The President and the Vice-President have advised any Director, that they will not be present at the meeting.
(c) Board Meetings by Telephone or Other CommunicationsMedium - A Director may participate in a meeting of the Board in person or by telephone or other communications medium if all Directors participating in the meeting, whether in person or by telephone or other communications medium, are able to communicate with each other. A Director who participates in a meeting in this manner is deemed for all purposes of the Societies Act and these Bylaws to be present at the meeting and to have agreed to participate in that manner.
(d) Calling of Meetings - A Director may call a Board meeting at any time.
(e) Notice of Meetings - Other than for meetings held at regular intervals as determined by the Board pursuant to Section 7.1(a), reasonable notice of each Board meeting, specifying the place, day and time of that meeting must be given to each of the Directors.
(f) When Notice Not Required - It is not necessary to give notice of a meeting of the Board to a Director if:
(i) The meeting is to be held immediately following a general meeting at which that Director was elected or appointed or is the Board meeting at which that Director is appointed; or
(ii) The Director has waived notice of the meeting.
(g) Meeting Valid Despite Failure to Give Notice - The accidental omission to give notice of any Board meeting to any Director, or the non-receipt of any notice by any Director, does not invalidate any proceedings at that meeting.
(h) Waiver of Notice of Meetings - A Director may, in any manner, waive that Director’s entitlement to notice of a Board meeting or may agree to reduce the period of that notice. Attendance of a Director at a Board meeting is a waiver of that Director’s entitlement to notice of the Board meeting unless that Director attends the Board meeting for the express purpose of objecting to the transaction of any business on the grounds that the Board meeting is not lawfully called.
(i) Quorum - The quorum necessary for the transaction of the business of the Board may be set by the Board and, if not so set, is deemed to be set at a majority of the Directors then in office.
(j) Meeting Minutes - An individual will be designated for all Board meetings to record the minutes of Board meetings.
7.2 Board Voting
(a) Voting at Meetings - Questions arising at any Board meeting are to be decided by a majority of votes and,in thecase of an equality of votes, the Chair ofthemeeting does not have a second or casting vote.
(b) No Seconder Required - No motion proposed at a Board meeting need be seconded unless the Chair of the meeting rules otherwise.
(c) Written Resolutions - A resolution in writing, signed by all the Directors is as valid and effective as if regularly passed at a meeting of Directors.
7.3 Board Committees
(a) Appointment and Powers of Executive Committee - The Board may, by resolution, appoint an Executive Committee consisting of such Director or Directors and/or executives or members of management that the Board considers appropriate, and this committee has, during the intervals between meetings of the Board, all of the Directors’ powers, except:
(i) The power to fill vacancies on the Board;
(ii) The power to change the membership of, or fill vacancies in, any committee of the Board; and
(iii) Such other powers, if any, as may be set out in that resolution or any subsequent Board resolution.
(b) Appointment and Powers of Other Committees - The Board may, by resolution:
(i) Appoint one or more committees (other than the Executive Committee) consisting of such Director or Directors, or any other individuals that the Board considers appropriate;
(ii) Appoint the Chair of each Board Committee;
(iii) Delegate to a committee appointed under Section 7.3(b)(i) any of the Directors’ powers, except:
- The power to fill vacancies on the Board;
- The power to change the membership of, or fill vacancies in, any committee of the Board, and
- The power to appoint or remove senior managers appointed by the Board; and,
(iv) Make any delegation referred to in Section 7.3(b)(iii) subject to the conditions set out in the resolution.
(c) Obligations of Committee - Any committee appointed under Section 7.3(a) or (b), in the exercise of the powers delegated to it, must:
(i) Conform to any rules that may from time to time be imposed on it by the Board; and
(ii) Report every act or thing done in exercise of those powers as the Board may require.
(d) Powers of Board - All committees are advisory committees and, notwithstanding any powers thatthe Board may delegate to a Committee, the Boardalwaysretains overall responsibility and authority for the affairs of BC Rugby. The Board may, at any time, with respect to a committee appointed under Sections 7.3(a) or (b):
(i) Revoke or alter the authority given to a committee, or override a decision made by a committee, except that the revocation or alteration of a committee’s authority does not invalidate a prior act of that committee that would have been valid if the revocation or alteration had not occurred;
(ii) Terminate the appointment of, or change the membership of, a committee; and
(iii) Fill vacancies on a committee.
(e) Committee Meetings - Subject to Section 7.3(c)(i), and unless the Board otherwise provides in a resolution, with respect to a committee appointed under Section 7.3(a) or (b):
(i) The committee may meet and adjourn as it thinks proper;
(ii) If, at any meeting, the Chair of the meeting is not present within 15 minutes after the time set for holding the meeting, the members of the committee may choose one of their number to chair the meeting;
(iii) A majority of the members of a committee constitute a quorum of the committee; and
(iv) Questions arising at any meeting of the committee are determined by a majority of votes of the members of the committee present, and in case of an equality of votes, the Chair of the meeting has no second or casting vote.
(f) Committee Meetings by Telephone or Other Communications Medium - A Director or individual may participate in a Board Committee meeting in person, by telephone, or other communications medium if all participants in the meeting, whether in person, by telephone, or by other communications medium, are able to communicate with each other. A Director or individual who participates in a meeting in this manner is deemed for all purposes of the Societies Act and these Bylaws to be present at the meeting and to have agreed to participate in that manner.
(g) Committee Resolutions - A resolution in writing, signed by all of the members of a Board Committee, is as valid and effective as if regularly passed at a meeting of a Board Committee.
(h) Meeting Minutes - An individual will be designated for all Board Committees to record the minutes of the committee meeting.
Section 8 - Officers
8.1 Appointing Officers
(a) Appointing Officers - The Board may appoint a President and a Vice-President from among the Directors. The Board may further appoint such person(s) as the Board may determine, who need not be a Director, as a Treasurer or to such other positions as Officers as the Board may determine from time to time.
(b) Officer Qualifications - An individual who is not qualified to be a Director pursuant to Section 6.2(d) is not qualified to be an Officer of BC Rugby. One individual may hold more than one position as a BC Rugby Officer.
8.2 Officer Positions, Functions, and Terms
(a) President – The President shall, when present, preside at all general meetings, and any meetings of the Board, sign all instruments which require the President’s signature in accordance with the Bylaws or otherwise, represent BC Rugby at public or official functions, and have such other powers and duties as may from time to time be assigned to the President by the Board. The President shall be appointed for a two-year term by the Board, beginning immediately following an Annual General Meeting. A President may serve no more than three consecutive two-year terms, unless otherwise approved by ordinary resolution.
(b) Vice-President – If appointed, the Vice-President shall be vested with all the powers and perform all the duties of the President in the absence of the President or upon the inability or unwillingness of the President to act. A Vice-President shall be appointed for a one-year term, beginning immediately following the Annual General Meeting, and may serve multiple consecutive terms in that position.
(c) Treasurer – If appointed, the Treasurer shall, keep proper accounting records in compliance with the Societies Act and shall be responsible for the deposit of money, the safekeeping of securities and the disbursement of BC Rugby funds. The Treasurer shall render to the Board whenever required an account of all transactions involving BCRugby and of its financial position and the Treasurer shall have such other powers and duties as the Board may specify. A Treasurer shall be appointed for a one-year term, beginning immediately following the Annual General Meeting, and may serve multiple consecutive terms in that position.
8.3 Termination of Officer Duties
(a) Subject to Section 6.6(b) and the Societies Act, all appointments of Officers are to be made on the terms and conditions that the Board thinks fit. Each Officer shall serve at the pleasure of the Board and shall hold office until the earlier of:
(i) Being removed by the Board;
(ii) A successor being appointed by the Board;
(iii) The Officer’s resignation, death or incapacity; or
(iv) No longer being qualified in accordance with Section 8.1(b);
(b) Such removal shall be without prejudice to any contractual rights, or rights under law, of the Officer.
8.4 Appointing Senior Managers
(a) Subject to the Societies Act, the Board may from time to time:
(i) Specify duties of senior managers;
(ii) Delegate powers to manage BC Rugby activities and affairs to senior manager(s); and
(iii) Vary, add to, or limit such duties and powers.
(b) The duties ofDirectors set forth in Section 6.6 apply in relation to a senior manager as if the senior manager were a BC Rugby Director. Subject to Section 6.6(b) and the Societies Act, a Director may be a senior manager of BC Rugby.
Section 9 - Disclosure of Interest by Directors and Officers
For the purposes of this Section 9:
(a) Disclosable Interest - means a direct or indirect material interest in a Matter; and
(b) Matter - means:
(i) A contract or transaction, or a proposed contract or transaction, of BC Rugby; or
(ii) A matter that is or is to be the subject of consideration by the Board, if that interest could result in the creation of a duty or interest that materially conflicts with that Director’s or senior manager’s duty or interest as a BC
Rugby Director or senior manager, but does not include a contract or transaction, or proposed contract or transaction, or matter that relates to:
- Reimbursement of a Director by BC Rugby for the Director’s expenses;
- Indemnification of or payment to a Director under Section 10.1(a);
- The purchase or maintenance of insurance under Section 10.3 for the benefit of a Director.
9.2 Disclosure of Interest and Conduct by Director
A Director who has a Disclosable Interest in a Matter must:
(a) Disclose fully and promptly to the other Directors the nature and extent of the Disclosable Interest;
(b) Abstain from voting on a Board resolution or, other than for purposes of being counted in the quorum, abstain from consenting to a consent resolution of the Board in respect of the Matter;
(c) Leave the Board meeting, if any, when the Matter is discussed, unless asked by the other Directors to be present to provide information, and when the other Directors vote on the Matter; and
(d) Refrain from any action intended to influence the discussion or vote by the other Directors.
9.3 Disclosure of Interest and Conduct by Officer or Senior Manager
An Officer or senior manager who has a Disclosable Interest in a Matter must:
(a) Disclose fully and promptly to the Board the nature and extent of the Disclosable Interest;
(b) If the Matter is to be the discussed at a Board meeting at which the Officer or senior manager is present, leave the Board meeting, if any, when the Matter is discussed, unless asked by the Board to be present to provide information, and when the Board votes on the Matter; and
(c) Refrain from any action intended to influence the discussion or vote by the Board.
9.4 Evidence of Disclosure
A disclosure under Sections 9.2 or 9.3 must be evidenced in at least one of the following records:
(a) The minutes of a Board meeting;
(b) A consent resolution by the Board; or
(c) A record addressed to the Board that is delivered to the delivery address or mailed by registered mail to the mailing address, of the registered office of BC Rugby.
If all of the Directors have disclosed a Disclosable Interest in a Matter, any or all of the Directors may vote on a Board resolution or consent to a consent resolution of the Board in respect of the Matter and Sections 9.2(c) and (d) do not apply.
9.6 Obligation to Account for Profits
A Director or senior manager who has a Disclosable Interest must pay to BC Rugby an amount equal to any profit made by the Director or senior manager as a consequence of BC Rugby entering into or performing a contract or transaction unless:
(a) The Director or senior manager discloses the Disclosable Interest in the contract or transaction in accordance with,and otherwise complies with Sections 9.2 or 9.3 as applicable, and, after the disclosure, the contract is approved by a resolution of the Board; or
(b) The contract or transaction is approved by a special resolution after the nature and extent of the Director’s or senior manager’s interest in the contract or transaction has been fully disclosed to the Members.
9.7 Validity of Contracts
Subject to the Societies Act, the fact that a Director or senior manager is in any way, directly or indirectly, materially interested in a contract or transaction that BC Rugby has entered into, or proposes to enter into, does not make the contract or transaction void.
Section 10 - Indemnification and Insurance
(a) Eligible Party - means a current or former Director, Officer or senior manager of BC Rugby, an individual who holds or held an equivalent position in a BC Rugby subsidiary.
(b) Eligible Proceeding - means a legal proceeding (including a civil, criminal, quasi-criminal, administrative or regulatory proceeding) or investigative action, whether current, threatened, pending or completed, in which an Eligible Party or a Representative by reason of such Eligible Party holding or having held a position of current or former Director, Officer or senior manager of BC Rugby or an equivalent position in a subsidiary of BC Rugby.
(c) Expense - includes costs, charges and expenses, including legal and other fees, but does not include Penalties.
(d) Penalty - means a judgment, penalty or fine awarded or imposed in, or an amount paid in settlement of, an Eligible Proceeding.
(e) Representative - means an heir, or personal or other legal representative, of an Eligible Party.
(a) Indemnification - Subject to the provisions of the Societies Act and Section 10.3, BC Rugby may, and in the case of Section 10.2(a)(iii), shall:
(i) Indemnify an Eligible Party or a Representative against all penalties to which the Eligible Party or the Representative is or may be liable in respect of an Eligible Proceeding;
(ii) Pay the expenses actually incurred by an Eligible Party or a Representative in respect of an Eligible Proceeding:
- After the final disposition of such proceeding; or
- As they are incurred in advance of the final disposition of an Eligible Proceeding provided BC Rugby has first received from such Eligible Party a written undertaking that, if it is ultimately determined that the payment of expenses is prohibited pursuant to the Societies Act or Section 10.3, the Eligible Party or the Representative will repay the amounts advanced;
(iii) Pay, after the final disposition of an Eligible Proceeding, the expenses actually and reasonably incurred by an Eligible Party in respect of such proceeding ifthe Eligible Party has not been otherwise reimbursed for such expenses and such party was not adjudged to have committed any fault or to have omitted to do anything that the Eligible Party ought to have done.
(b) Indemnification Prohibited - Subject to the provisions of the Societies Act, BC Rugby shall not indemnify or pay the expenses of an Eligible Party or a Representative in respect of an Eligible Proceeding if:
(i) The Eligible Party did not act honestly and in good faith with a view to the best interests of BC Rugby or a subsidiary of BC Rugby, as the case may be;
(ii) The Eligible Proceeding is not a civil proceeding and the Eligible Party did not have reasonable grounds for believing that their conduct, in respect of which the Eligible Proceeding was brought, was lawful; or
(iii) Such Eligible Proceeding is brought by or on behalf of BC Rugby or a subsidiary of BC Rugby unless the Supreme Court of British Columbia, on the application of BC Rugby, approve the indemnification or payment of expenses.
BC Rugby may purchase and maintain insurance for the benefit of an Eligible Party or a representative of such Eligible Party against any liability that may be incurred by reason of the Eligible Party being or having been a Director, Officer or senior manager of BC Rugby or holding or having held an equivalent position in a subsidiary of BC Rugby.
Section 11 - Auditor
11.1 Appointment of Auditor
(a) Appointment - The auditor shall be appointed at each annual general meeting, by ordinary resolution, to hold office until the close of the next annual general meeting. If a subsequent auditor is not appointed as required above, the auditor in office continues as auditor until a successor is appointed.
(b) Remuneration of Auditors - The remuneration of the auditor shall be such amounts as may be approved by the Board.
(c) Vacancy - If there is a vacancy in the office of auditor created by resignation, death or otherwise, other than by removal under Section 11.2, the Board may appoint an auditor to hold office until the close of the next annual general meeting.
11.2 Removal of Auditor
(a) Removal – BC Rugby may, by ordinary resolution passed at a general meeting called for the purpose, remove its auditor before the expiration of the auditor’s term of office, and must, by ordinary resolution passed at such general meeting, appoint a person as auditor for the remainder of the term of office of the auditor so removed.
(b) Notice to Auditor Proposed to be Removed - Before calling a general meeting for the purpose of removing its auditor, BC Rugby must send to the auditor a written notice of the intention to call the meeting, specifying the date on which the notice of the meeting is proposed to be sent, and a copy of all of the materials proposed to be sent to the Members in connection with the meeting. BC Rugby must send to the auditor who is proposed to be removed the records referred to above at
least 14 days before the date on which the notice of the meeting is sent. The auditor may send to BC Rugby written representations respecting the auditor’s proposed removal as auditor, and, if BC Rugby receives those written representations at least 7 days before the date on which the notice of the meeting is sent, BC Rugby must send a copy of those representations with the notice of the meeting.
11.3 Qualification and Duties of Auditor
(a) Qualified and Independent - A person appointed as auditor of BC Rugby shall be qualified to act as an auditor and be independent of BC Rugby within the meaning of the Societies Act.
(b) Auditor to Attend General Meetings - The auditor of BC Rugby is entitled, in respect of a general meeting, to receive each notice and other communication relating to the meeting to which a Member is entitled, to attend the general meeting, and to be heard at the general meeting on any part of the business of the general meeting that deals with the financial statements of BC Rugby or any other matter with respect to which the auditor has a duty or function. A Member may, by written notice received by BC Rugby at least 7 days before such general meeting, require the attendance of the auditor at a general meeting at which the financial statements of BC Rugby are to be considered, or the auditor is to be appointed or removed. If BC Rugby receives such written notice from a Member, BC Rugby must promptly inform the auditor, the auditor must attend the general meeting and BC Rugby must pay the expenses of that attendance.
Section 12 - Investments, Borrowing, Distributions, and Disposal of Undertaking
BC Rugby may invest its funds only in an investment or investments in which a prudent investor might invest.
BC Rugby may from time to time, if authorized by the Board:
(a) Borrow money in the manner and amount, on the security, from the sources and on the terms and conditions that the Board may determine;
(b) Issue bonds, debentures, notes or other evidences of debt obligations either outright or as security for any liability or obligation of BC Rugby at any time, to any person and for any consideration that the Board may determine.
(c) Guarantee the repayment of money by any other person or the performance of any obligation of any other person; and
(d) Mortgage or charge, whether by way of specific or floating charge, or give other security on the whole or any part of the present and future undertaking of BC Rugby.
12.3 Restrictions on Distributions
BC Rugby must not distribute any of its money or other property other than:
(a) For full and valuable consideration;
(b) In furtherance of the purposes of BC Rugby;
(c) To a qualified recipient; or
(d) For a distribution required or authorized by the Societies Act.
12.4 Disposal of Undertaking
BC Rugby must not sell, lease or otherwise dispose of all or substantially all of its undertaking unless BC Rugby has been authorized to do so by special resolution.
Section 13 - Notices, Access to Records, and Signatories
(a) Method of Giving Notice - Unless the Societies Act or these Bylaws provide otherwise, a record (including any notice, statement or report) required or permitted by the Societies Act or these Bylaws to be sent to a Member, Director, senior manager, auditor or other person may be sent by any of the following methods:
(i) By mail:
- For a record mailed to a Member, Director or senior manager to that person’s registered address; and
- In any other case, the intended recipient’s most recent mailing address known to the sender;
(ii) By delivery:
- For a record delivered to a Member, Director or senior manager at that person’s registered address;
- For a record delivered to BC Rugby at the delivery address of its registered office, by leaving the record in a mail box or mail slot for that delivery address; and
- In any other case by leaving the record with the person or an agent of the person or, in case of a person other than an individual, by leaving the record in a mail box or mail slot, or the address at which the person carries on activities or business; or
(iii) If the intended recipient has provided an email address or fax number for that purpose, by email or fax to that email address or fax number.
(b) Deemed Receipt - A record that is mailed to a person by ordinary mail to the applicable address for that person referred to in Section 13.1(a) is deemed to be received by the person to whom it was mailed on the beginning of 5th day after the record is mailed. A record that is delivered to a person at the applicable address for that person referred to in Section 13.1(a) is deemed to be received by the person to whom it was delivered on the beginning of the next business day after the record is delivered. If the person has provided an email address or fax number to which records may be sent, a record sent to such email address or fax number is deemed to be received by that person on the beginning of the next business day after the record is emailed or faxed to that email address or fax number.
(c) Certificate of Sending - A certificate signed by a senior manager of BC Rugby stating that a record was sent as required by Section 13.1(a) is conclusive evidence of the fact.
13.2 Access to Records
(a) Members Entitled to Records - A Member in good standing is entitled to receive, without charge, one copy of the current BC Rugby Constitution and Bylaws and the most recent financial statements of BC Rugby.
(b) No Access to Board Documents - A Member is not entitled to inspect, or receive copies of, the minutes of Board meetings, Board consent resolutions (including in camera meeting minutes) and the accounting records of BC Rugby (other than the financial statements), with the exception of those portions of any of the above records that evidence a disclosure of a Director’s or senior manager’s interest in the Board minutes or consent resolutions in accordance with Section 9.4 or the Societies Act.
(a) Signatures - Except for documents executed in the usual and ordinary course of BC Rugby activities, which may be signed by any senior manager or employee of BC Rugby acting within the scope of their authority, the following are the only persons authorized to sign any document on behalf of BC Rugby:
(i) The President, together with any other Director;
(ii) If the President is unable to provide a signature, by the Vice-President, together with any other Director;
(iii) The senior manager together with any other Director; or
(iv) Any individual appointed by resolution of the Board to sign the specific document, or that type of document or documents generally on behalf of BC Rugby.
(b) Facsimile Signatures - The signature of any individual authorized to sign on behalf of BC Rugby may, if specifically authorized by resolution of the Board, be written, printed, stamped, engraved, lithographed or otherwise mechanically reproduced. Anything so signed shall be as valid as if it had been signed manually, even if that individual has ceased to hold office when anything so signed is issued or delivered, until revoked by resolution of the Board.
Section 14 - Discipline
14.1 Board Authority on Discipline
(a) The Board of Directors shall have the responsibility and the authority to discipline, for any infringement or violation of the Laws of Rugby, the BC Societies Act, the Constitution, the Bylaws, the Rules or Policies of BC Rugby, the BC Rugby Code of Conduct, the BC Rugby Harassment Policy or any other conduct which in the opinion of the Board is prejudicial to Rugby or BC Rugby:
(i) Any Member;
(ii) Any Director, Officer, or employee of BC Rugby;
(iii) Any player, referee, touch judge, coach, manager, club member, executive, and visiting member of a rugby club or team, in respect of activities under the jurisdiction of BC Rugby; or
(iv) Any individual in attendance at any competition or event organized, owned or sanctioned by BC Rugby.
(b) The Board of Directors may delegate discipline authority (other than the authority to expel a Member from membership in BC Rugby) to the Discipline Committee and set the Charter of the Discipline Committee.
(c) The Board will appoint the Chair and the Vice Chair of the Discipline Committee
(d) No Member shall participate or permit its members to participate in Rugby activities with any person, group or organization which has been expelled from membership in BC Rugby, is under suspension, or acts contrary to and in violation of any disciplinary penalty imposed hereunder.
Section 15 - Bylaws and Rules
15.1 Bylaw Authority
(a) BC Rugby shall from time to time maintain a current online copy of the Constitution and Bylaws of BC Rugby that is accessible by members.
(b) These Bylaws shall not be altered or added to except by special resolution.
(c) All amendments to BC Rugby Bylaws must be compliant with BC Societies Act.
15.2 Rules of Procedure
(a) The Board may make rules, from time to time, to direct the conduct of the business and affairs of BCRugby, including theprocedurestobefollowedby Board Committees or Management Committees.
Section 16- Miscellaneous
BC Rugby has the power and authority to belong to other societies or associations, whether or not incorporated, with purposes similar, complementary or beneficial to BC Rugby and without limiting the generality of the foregoing, BC Rugby may be a member of the Canadian Rugby Union.
16.2 Winding up or Dissolution of BC Rugby
Upon the winding up or upon dissolution of BC Rugby, the assets which remain after payment of all costs, charges and expenses which are properly incurred in winding up shall be distributed to such charitable organization or organizations registered under the provisions of the Income Tax Act (Canada) as may be determined by the Voting Members at the time of winding up or dissolution. [This provision was previously unalterable]
16.3 Charitable Status
The business of BC Rugby shall be conducted without purpose of monetary gain for its Members and any profit which may accrue shall be used for promoting its purposes set out in its constitution. [This provision was previously unalterable]
BC Rugby Appeals Policy
This document sets out the policy and procedure for an appeal by a member of BC Rugby in any category of membership of a decision that directly affects them. It provides for an internal process and, in some cases, a final external process.
- Policy Statement
1.1 BC Rugby recognizes the right of any Member to appeal a decision of BC Rugby made against them or that directly affects them and hereby provides for an appropriate process to resolve – fairly, expeditiously and affordably – a dispute that could arise from time to time from any such decision.
1.2 In this Policy, unless context otherwise requires, words in the singular include the plural and vice versa; words importing gender include all genders.
Appeal Bond: means the sum set as a bond to accompany the Notice of Appeal (Appendix A). The Appeal bond shall be refunded to the Member if the Appeal is upheld;
Appeal Officer: means the person who receives the Notice of Appeal, as designated by the BC Rugby Board of Directors;
Appeal Panel: means the appeal panel established pursuant to section 8;
Appellant: means a Member appealing a decision of BC Rugby;
Committee: means the group of individuals appointed by the BC Rugby Board of Directors who may serve as an Appeal Officer or on an Appeal Panel;
Days: means total days, irrespective of weekends or holidays;
Interested Party: means an individual who can be directly affected or impacted by a decision of the Appeal Panel and is accepted or named as such by the Appeal Panel;
Member: means a member of BC Rugby in any category of membership, as well as to all individuals engaged in activities with or employed by BC Rugby, including but not limited to, athletes, coaches, officials, volunteers, directors and officers, managers, administrators and committee members, including contract personnel;
Notice of Appeal: means the notice filed by the Appellant to initiate an appeal (current form) ;
Party: means an Appellant, Interested Party or a Respondent and Parties means more than one of them;
Policy: means this Appeals Policy;
Record of Proceedings: means all documents, video, photographs, written submissions and all materials which were before the party or body who made the decision from whom the Appeal was brought.
Respondent: means the body, person, or persons against whose decision an appeal is brought;
Response: means the written response submitted by the Respondent to the Notice of Appeal; and
Working Days: means total days, excluding weekends and statutory holidays.
3.1 Any Member who is affected by a decision of the Board of Directors, or any committee of BC Rugby, or of any entity or individual who has been delegated authority to make decisions on behalf of BC Rugby, will have the right to appeal that decision, provided there are sufficient grounds for appeal, as set out in section 4.
3.2 This Policy will not apply to decisions relating to:
- (a) doping offences, which are handled in accordance with the Canadian Anti-Doping Program;
- (b) any incident which is the subject of a criminal investigation or in respect of which criminal proceedings have been commenced;
- (c) commercial matters for which another appeal process already exists under the applicable law or contract;
- (d) labour disputes for which another appeal process already exists under the applicable law or contract;
- (e) decisions taken by third parties, including but not limited to, World Rugby, Rugby Canada, and the Canadian Centre for ethics; and
- (f) matters arising during games and events organized by entities other than BC Rugby, including but not limited to, World Rugby, Rugby Canada, U Sport, Canada Games Society, BC Summer Games Society.
- Grounds for an Appeal
4.1 An Appellant cannot challenge a decision only on the grounds that it is not favourable to the Member. An appeal may be heard only if there are sufficient grounds, which include, but are not limited to:
- (a) making a decision for which the decision-maker did not have authority or jurisdiction as set out in its governing documents;
- (b) failing to follow procedures as laid out in the bylaws or approved policies and rules of BC Rugby;
- (c) making a decision which was influenced by bias, where bias is defined as a lack of neutrality to such an extent that the decision-maker is unable to consider other views or that the decision was made on the basis of, or significantly influenced by, factors unrelated to the merits of the matter;
- (d) the decision-maker exercised its discretion for an improper purpose;
- (e) the decision-maker made a decision that was clearly in error, grossly unreasonable or unfair, such that an erroneous decision resulted; or
- (f) sufficient grounds does not include any defect, irregularity, or other technicality unless it raises a material doubt as to the findings or the decision being appealed.
- Filing of Notice of Appeal (Internal Appeal)
5.1 A Member who wishes to appeal a decision of BC Rugby that affects the Member must initiate the appeal process by completing and filing with the Appeal Officer for BC Rugby, or their designate, the Notice of Appeal (see Appendix A) together with an Appeal Bond within fourteen (14) days from the date the Member received notice of the decision that is being appealed. For the purposes of this section, decision shall mean the final written decision of the party or body who made the decision from which the appeal is brought.
5.2 Other timelines provided for in this Policy can be amended by the Appeal Officer or Appeal Panel when justified by the circumstances.
- Screening of the Appeal
6.1 Upon receipt of the documents relating to the appeal, the Appeal Officer will decide whether there are sufficient grounds for appeal.
6.2 If the request for an appeal is denied, where it can be denied, the Appellant will be notified of this decision and its reasons in writing within five (5) Working Days from the receipt of Notice of Appeal.
6.3 Upon notification of denial of an appeal, the Appellant has up to two (2) Working Days to provide a written request for a further screening of the request for Appeal by the Committee. The Appellant will be notified of the outcome of this review in writing within five (5) Working Days.
- Notification of the Appeal and Statement by the Respondent
7.1 If the Appeal Officer decides to hear the appeal, then the Appeal Officer will forward a copy of the Notice of Appeal to the Respondent within not more than two (2) Working Days and request a written Response (Appendix B) by the Respondent briefly outlining the Respondent’s position with respect to the issues raised in the Notice of Appeal. The Appeal Officer will provide the Respondent with the Notice of Appeal.
7.2 The Respondent must complete and sign the Response and deliver it to the Appeal Officer within seven (7) Working Days from the date of receipt of the Appeal Officer’s request or such shorter or longer period as the Appeal Officer may specify depending on the urgency of the matter.
7.3 The Appeal Officer must forward a copy of the written Response to the Appellant without delay after receipt.
7.4 Should the Respondent submit an incomplete Response or fail to submit the Response within the time limit provided by sub-section 7.2, then the Appeal Officer will initiate the establishment of the Appeal Panel.
- Appeal Panel
8.1 Within no more than twelve (12) Working Days of the having received the Notice of Appeal, the Appeal Officer will initiate the establishment of an Appeal Panel as follows:
- (a) the Appeal Panel must include three (3) persons named from the Committee;
- (b) the Appeal Officer will also designate which of the appointees will act as chairperson; and
- (c) the members of the Committee may include individuals who are not Members.
8.2 Each of the three (3) members of the Appeal Panel must be appointed in accordance with the following conditions:
- (a) the member must have no significant relationship with any of the Parties involved;
- (b) the member must have no involvement whatsoever with the decision being appealed; and
- (c) the member must be free from any actual or perceived bias or conflict of interest.
8.3 Upon being appointed, the members of the Appeal Panel will be provided with a copy of the Notice of Appeal and the Response, any exhibits filed by the parties in support of their respective positions, and the Record of Proceedings from which the Appeal is brought.
- Identification of Interested Parties
9.1 Upon its appointment, the Appeal Panel must notify potential Interested Parties of the existence of the appeal and invite them to take part in the appeal proceedings.
10 Procedures for the Appeal
10.1 The Appeal Panel, in consultation with the Parties, and considering the relative urgency of the matter, shall determine the procedural steps with respect to the Appeal.
10.2 Within no more than five (5) Working Days of being established, the Appeal Panel shall communicate to all Parties the necessary information to enable their full participation, such as, but not limited to, the following:
- (a) timelines for exchange of documents;
- (b) format of the appeal (written or oral submissions or both);
- (c) date and location of the hearing; and
- (d) any other matter that may assist in expediting the appeal proceedings.
10.3 The Appellant has the burden of proof in an appeal to prove, on a balance of probabilities, that the decision being appealed was wrongly decided, and in the interest of justice and fairness should be overturned.
10.4 The Appeal Panel shall regulate the Appeal proceedings as it deems appropriate, provided that the appeal is heard in a timely manner and that the principles of natural justice are applied at all relevant times.
10.5 Copies of any written submissions which any of the Parties would like the Appeal Panel to consider shall be provided to the Appeal Panel, and to all Parties with an opportunity to reply.
10.6 Each party shall have the right to be represented at the hearing.
10.7 All three members of the Appeal Panel shall hear the appeal, but a majority in favour of the same result will be sufficient to effect a decision.
11 Appeal Decision
11.1 Wherever possible, within seven (7) Working Days of the conclusion of the appeal hearing, the Appeal 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 review; or
- (c) to uphold the appeal and vary the decision where circumstances do not require that the matter be remitted to the original decision-maker.
11.2 A copy of the written decision will be provided to each of the Parties.
11.3 The Appeal Panel may issue an oral decision or a summary written decision, with full written reasons to follow, in accordance with sub-section 11.1.
- Liability Disclaimer
12.1 The Appeal Panel and the Appeal Officer will bear no liability in respect of any of the Parties for any act or omission in connection with the resolution of a dispute in accordance with the policies of BC Rugby.
12.2 No action or proceeding may be brought against BC Rugby or its Members in respect of a dispute, unless BC Rugby is failing or refusing to comply with the provisions with regards to appeals or dispute resolution as provided in the governing documents and polices of BC Rugby.
13.1 The appeal process is confidential and involves only the Parties, the Appeal Officer, the Appeal Panel, and any independent advisors to the Appeal Panel. Once initiated and until a decision is released, none of the Parties will disclose confidential information to any person not involved in the appeal proceedings.
- Appeals of the Appeal Panel Decisions
14.1 A Party may appeal the decision of the Appeal Panel to the BC Rugby Board of Directors, with five (5) Working Days of receipt of the written appeal decision. The BC Rugby Board of Directors will apply the grounds for appeal as outlined in section 4.1.
14.2 A Party may appeal the decision of the BC Rugby Board of Directors to the Sport Dispute Resolution Centre of Canada (SDRCC) if the matter satisfies the criteria of a dispute that body will hear.
Code of Conduct
1. Policy Objective
3. Application and Authority
4. Policy Statement
5. Key Principles
5.4 Inclusion for all
6.1 Directors, Committee Members, Employees
6.3 Team Managers, Athletic Therapists & Medical Support Personnel
6.6 Parents and Guardians
7. Breaches and Complaints
8. Disciplinary Action
10. Revision and Approval
11. Contact Us
1. Policy Objective
The BC Rugby Code of Conduct aims to provide a safe, positive and inclusive environment within BC Rugby and all of BC Rugby’s programs, competitions, events and activities.
In addition to the definitions included in the BC Rugby Bylaws, as amended from time to time, the following definitions apply to this Code of Conduct:
- Appellant – the Individual, or their representative, who is appealing a decision.
- Complainant – any Individual or member of the public who lodges a formal complaint in accordance with this document.
- Employee – any person receiving wages for work with BC Rugby, where wages includes salaries, commissions or money paid or payable by BC Rugby to any person for work, but does not include allowances, grants or expenses.
- Harassment – any comment or conduct directed towards an individual or group, which is offensive, abusive, racist, sexist, degrading or malicious. Types of behaviour that constitute harassment include, but are not limited to:
- written or verbal bullying, abuse, threats or outbursts;
- the display of visual material which is offensive or which one ought to know is offensive in the circumstances;
- unwelcome remarks, jokes, comments, innuendo or taunts;
- leering or other suggestive or obscene gestures;
- condescending or patronizing behaviour which is intended to undermine self-esteem, diminish performance or adversely affect working conditions;
- practical jokes which cause awkwardness or embarrassment, endanger a person’s safety or negatively affect performance;
- any form of hazing where hazing is defined as ‘any potentially humiliating, degrading, abusive or dangerous activity expected of a junior- or lower-ranking player by a more senior or higher-ranked player, which does not contribute to either player’s positive development, but is required to be accepted as part of a team, regardless of the junior/lower-ranking player’s willingness to participate. This includes, but is not limited to, any activity, no matter how traditional or seemingly benign, that sets apart or alienates any teammate based on class, number of years on the team or athletic ability;
- behaviours such as those described above that are not directed towards a specific individual or group but have the same effect of creating a negative or hostile environment; and
- retaliation or threats of retaliation against an individual who reports harassment to BC Rugby.
- Individual – any Individual Member as defined in the BC Rugby Bylaws, as well as those employed by, or engaged in activities with BC Rugby including, but not limited to, players, coaches, managers, officials, volunteers, parents, guardians, administrators, committee members, and directors and officers of BC Rugby.
- Respondent – any Individual about whom a complaint has been submitted to BC Rugby with respect to either an alleged breach of this Code of Conduct or a subsequent appeal regarding a decision made in relation to an alleged breach.
- Sexual Harassment – any unwelcome sexual comments, sexual advances, requests for sexual favours, or conduct of a sexual nature. Types of behaviour that constitute sexual harassment include, but are not limited to:
- sexist jokes;
- display of sexually offensive material;
- sexually degrading words used to describe a person;
- inquiries or comments about a person’s sex life;
- unwelcome sexual flirtations, advances or propositions; and
- unwanted physical contact including, but not limited to, touching, pinching, poking, slapping, hugging or kissing.
- Workplace – any place where business or work-related activities are conducted.
- Workplace Harassment – any vexatious comments or conduct against a worker in a Workplace – a comment or conduct that is known to ought reasonably to be known to be unwelcome. Workplace Harassment should not be confused with legitimate, reasonable management actions that are part of the normal work function, including measures to correct performance deficiencies, such as placing someone on performance improvement plan, or imposing discipline for Workplace infractions. Types of behaviour that constitute Workplace Harassment include, but are not limited to:
- offensive or intimidating phone calls or emails;
- displaying or circulating offensive pictures, photographs or materials in printed or electronic form;
- psychological abuse;
- sexual harassment;
- intimidating words or conduct (offensive jokes or innuendos); and
- words or actions which are known or should reasonably be known to be offensive, embarrassing, humiliating or demeaning.
- Workplace violence – the exercise of physical force by a person against a worker, in a Workplace, that causes or could cause physical injury to the worker; an attempt to exercise physical force against a worker, in a Workplace, that could cause physical injury to the worker; or a statement or behaviours that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a Workplace, that could cause physical injury to that worker. Types of behaviour that constitute Workplace Harassment include, but are not limited to:
- verbal threats to attack a worker;
- sending to or leaving threatening notes or emails for a worker;
- making threatening physical gestures to a worker;
- wielding a weapon in a Workplace; and
- hitting, pinching or unwanted touching of a worker.
3. Application and Authority
3.1 In accordance with BC Rugby’s Bylaws, this Code of Conduct applies to any Member of BC Rugby and any Director or Officer of BC Rugby. Additionally, this Code of Conduct applies to all Employees, provincial and program coaches, provincial team managers and athletic therapists, contractors, volunteers and interns of BC Rugby.
3.2 This Code applies to all Individuals’ conduct during and involvement with BC Rugby business, teams, programs, competitions, events and activities including, but not limited to, matches, practices, training camps, workshops, conferences, any travel associated with BC Rugby activities, teams and competitions, the BC Rugby office environment and any meetings concerning BC Rugby business.
3.3 Any Individual who violates this Code may be subject to discipline in accordance with BC Rugby’s Bylaws, Section 12.
3.4 Any Employee of BC Rugby found to have violated this Code will be subject to appropriate disciplinary action in accordance with the Employee’s employment agreement.
4. Policy Statement
BC Rugby is committed to leading by example, treating all individuals with respect and consideration, and providing an organization, community and environment that is welcoming, safe and supportive for all Individuals to enjoy Rugby.
5. Key Principles
Safety is the top priority at all times. All Individuals have a responsibility to:
- enhance the safe play of Rugby by instilling and upholding a culture of safety, injury prevention and fair play;
- understand the symptoms of concussion, and support the disclosure of those symptoms;
- refrain from consuming alcohol, any tobacco products or recreational drugs while participating in BC Rugby programs, activities or competitions; and
- in the case of individual adults who meet the legal drinking age, take reasonable steps to manage the responsible and safe consumption of alcohol at events associated with BC Rugby.
Integrity is a core value of Rugby and is upheld through honesty, diligence and fair play. All Individuals will:
- consistently demonstrate the spirit of sportsmanship, sport leadership and ethical behaviour;
- ensure adherence to the Laws of the Game and the spirit of those laws;
- promote and uphold Rugby as a Clean Sport by abstaining from the promotion, endorsement, supply or use of non-medical drugs or the use of performance-enhancing drugs. More specifically, BC Rugby adopts and adheres to the Canadian Policy Against Doping in Sport. Any infraction under the Canadian Policy Against Doping in Sport shall be considered an infraction of this Code and may be subject to further disciplinary action. BC Rugby will respect any penalty enacted pursuant to a breach of the Canadian Anti-Doping Program, whether imposed by BC Rugby or any other recognized sport organization;
- adhere to all federal, provincial, municipal and host country laws; and
- comply, at all times, with BC Rugby’s Bylaws, policies, procedures, rules and regulations, as adopted and amended from time to time.
Respect is at the heart of our sport and the Rugby community should have a sense of pride for upholding this core value. All Individuals have a responsibility to:
- maintain and enhance the dignity and self-esteem of individuals by:
- treating all individuals fairly and respectfully regardless of body type, physical characteristics, athletic ability, gender, ancestry, ethnic or racial origin, nationality, national origin, sexual orientation, age, marital status, religion, religious belief, political belief, disability or economic status; and
- focusing comments or criticism appropriately and avoiding public criticism of players, coaches, officials, organizers, volunteers, employees or any other Individual Members.
- refrain from any behaviour that constitutes Harassment or online Harassment;
- refrain from any behavior that constitutes Sexual Harassment;
- refrain from the use of power or authority in an attempt to coerce another person to engage in inappropriate activities; and
- respect the property of others and not willfully cause damage.
5.4 Inclusion for All
Rugby has the power to build communities through camaraderie, teamwork and loyalty which transcends cultural, geographic, political and religious differences. All individuals have a responsibility to:
- promote the sport of Rugby in the most constructive and positive manner possible;
- proactively invite and include all people, regardless of age, athletic ability, gender, ancestry, ethnic or racial origin, nationality, national origin, sexual orientation, marital status, religion, religious belief, political belief, disability or economic status;
- upholding safety for all as the top priority, make or provide modifications to make BC Rugby competitions, programs and events accessible for disabled players, coaches, officials;
- upholding safety for all as the top priority, make or provide modifications or exemptions to facilitate mixed-gender play; and
- upholding integrity as the top priority, make or provide modifications or exemptions to facilitate the inclusion of players from lower socio-economic households.
As set out elsewhere in this document, all Individuals are accountable to this Code of Conduct. However, due to the nature of various positions within BC Rugby, the following have additional responsibilities.
6.1 Directors, Committee Members and Employees
Directors, Committee Members and Employees are the privileged keepers of our great sport and must uphold the highest standards of ethical behaviour. Therefore, BC Rugby’s Board of Directors, Committee Members and Employees shall:
- provide leadership by demonstrating and promoting the values of Rugby and the key principles of the Code of Conduct through their decisions, actions and behaviour. Their behaviour must build and inspire the community’s trust and confidence in BC Rugby;
- function primarily as a Director, Member of a Committee or an Employee of BC Rugby, and not act with self-interest or as a representative of any other organization;
- act with honesty and integrity and conduct themselves in a manner consistent with the Values of Rugby and the responsibilities of BC Rugby business;
- conduct themselves openly, professionally, responsibly, lawfully and in good faith in service of BC Rugby’s Constitutional Purpose;
- behave with decorum appropriate to both circumstance and position, and to be fair, equitable, considerate and honest in all dealings with others;
- exercise the degree of care, diligence, thoughtfulness, skill and time commitment required in the performance of their duties pursuant to the laws under which BC Rugby is incorporated;
- conform to and uphold the Bylaws and Policies approved by BC Rugby, in particular this Code of Conduct, Conflict of Interest Policy and Confidentiality Policy;
- refrain from any behaviour that constitutes Workplace Harassment; and
- Refrain from any behaviour that constitutes Workplace Violence.
Coaches have many responsibilities. The coach-player relationship is a privileged one and plays a critical role in the personal, mental and athletic development of the player. Coaches must understand and respect the inherent power imbalance that exists in this relationship and must be extremely careful not to abuse it, consciously or unconsciously. Coaches will:
- ensure a safe training and playing environment by selecting activities, training equipment and establishing controls that are suitable for the age, gender, body type, experience, ability and fitness level of the involved players;
- maintain World Rugby’s ‘Concussion Management for the General Public’ certification, educate players, and their parents/guardians, on the symptoms of concussion, encourage and facilitate the reporting of any symptoms of concussion, and adhere to the “Recognize and Remove, if in doubt, sit them out”’ protocol at all training sessions, training camps and matches;
- act in the best interest of the player’s development as a whole person, particularly their formal education;
- at all times display respect towards opponents and officials, both in victory and defeat, setting an example and educating players on the values of Rugby; and
- not engage in an intimate or sexual relationship with a player under 18 years old, or an intimate or sexual relationship with a player over the age of 18 if the coach is in a position of power, trust or authority over that player.
6.3 Team Managers, Athletic Therapists & Medical Support Personnel
Team managers, athletic therapists and medical support personnel have particular responsibilities to ensure the safety and well-being of Players. Team managers, athletic therapists and medical support personnel will:
- act in the best interest of the player’s physical and mental well-being;
- understand and respect the inherent power imbalance of the coach-player relationship and, as appropriate, protect the player’s privacy;
- maintain World Rugby’s ‘Concussion Management for the General Public’ certification, educate players, and their parents/guardians, on the symptoms of concussion, encourage and facilitate the reporting of any symptoms of concussion, and adhere to the “Recognize and Remove, if in doubt, sit them out” protocol at all training sessions, training camps and matches; and
- not engage in an intimate or sexual relationship with a player under 18 years old, or an intimate or sexual relationship with a player over the age of 18 if the team manager, athletic therapist or medical support personnel is in a position of power, trust or authority over that player.
Officials have a significant role in the prevention and management of injuries and concussion. Officials will:
- ensure a safe playing environment by enforcing and communicating the enforcement of the Laws of the Game appropriate to the age, gender, body type, experience, ability and fitness level of the involved players;
- maintain World Rugby’s ‘Concussion Management for the General Public’ certification and enforce the ‘Recognize and Remove, if in doubt, sit them out’ protocol at all BC Rugby competitions, tournaments and events.
Players have responsibilities on and off the pitch. Players will:
- compete and participate in a spirit of fair play, honesty and respect for the opponent, the officials and the supporters;
- compete and participate within the Laws of the Game and any rules of competitions or tournament rules;
- at all times show and uphold respect for coaches and team managers and show appreciation for their contribution to the sport of Rugby; and
- at all times show and uphold respect for officials and show appreciation for their contribution to the sport of Rugby.
6.6 Parents and Guardians
Parents and guardians have additional responsibilities, particularly as it relates to ensuring the safe and fair play of Rugby. Parents and guardians of players will:
- instill a spirit of fair, positive play and sportsmanship in their rugby-playing children;
- at all times show and uphold respect for the child’s coach and team manager, the opponents, the officials and other supporters;
- continually inform the relevant coach, team manager, club official and/or athletic therapist if your child has been injured, is ill, concussed, or shows any symptoms of concussion; and
- inform the relevant coach, team manager, club official and/or athletic therapist if your child has any medical or health condition, as well as any sensory, intellectual or physical disability that may impact their health, ability or enjoyment while participating in Rugby.
7. Breaches and Complaints
7.1 All Individuals shall abide by the requirements of BC Rugby’s Bylaws and this Code of Conduct, and shall endeavour to resolve disputes in good faith.
7.2 Any complaints concerning a violation or breach of this Code of Conduct must be submitted in writing to the Chair of the Discipline Committee within three (3) months of the alleged breach or last alleged breach where there is a continuing breach. If the Chair of the Discipline Committee is the subject of, or is implicated in a complaint, then the complaint shall be addressed to the CEO or the President of BC Rugby. Written complaints submitted should contain full and exact details of the incident(s), including date, time and/or duration, location, full names of the persons involved, names of any witnesses, and other pertinent details of the alleged breach of this Code of Conduct.
- Upon receipt of the complaint under Section 7.2, the Chair of the Discipline Committee shall inform the CEO of BC Rugby and shall assemble an independent and impartial investigative panel comprised of one or more persons to investigate the complaint.
- The investigative panel will conduct a preliminary assessment of the complaint, at the conclusion of which the investigative panel may determine to continue the investigation or make a written recommendation to the Chair of the Discipline Committee that the complaint be dismissed as unfounded, beyond the jurisdiction of this Code of Conduct or unlikely to succeed. The investigative panel will determine when to notify the Respondent of the complaint and any investigation but it must be done in a timely manner in the circumstances.
7.5 If the investigative panel determines to continue with the investigation, then the investigative panel shall in a timely manner:
- conduct an investigation of the complaint in a manner that accords with the principles of due process and natural justice;
- provide an investigation update to the Chair of the Discipline Committee within thirty (30) days of receipt of the complaint;
- provide a written, confidential report of the findings of the investigation, including findings as to whether there has been, on a balance of probabilities, a breach of this Code of Conduct, to the Chair of the Discipline Committee and the CEO, as applicable, and to the Complainant and Respondent;
- provide recommendations in the report as to the appropriate resolution of the complaint, which recommendations may include:
- dismissal of the complaint; or
- sanction of the Respondent for misbehaviour or a breach of this Code of Conduct, including but not limited to suspension from play or probation;
- public censure of the Respondent for misbehaviour or a breach of this Code of Conduct;
- a requirement that an individual apologize to any person adversely affected by a breach of this Code of Conduct;
- counselling of an Individual; or
- such other measures as are deemed appropriate in the discretion of the investigative panel; and
- where the investigative panel finds that a Director, Committee Member or Employee has breached this Code of Conduct, the Panel may additionally recommend to:
- counsel the Director, Committee Member or Employee;
- terminate the Director’s or Committee Member’s appointment;
- terminate the Employee’s employment; or
- implement such other measures as deemed appropriate in the discretion of the investigative panel.
7.6 The Discipline Committee will not be bound to accept all or any of the recommendations of the report prepared by the investigative panel. The Discipline Committee may make such decisions as it deems appropriate in its discretion.
7.7 All complaints shall be dealt with by the Discipline Committee, but nothing herein stops a Voting Member or Associate Member from undertaking its own investigation of alleged misconduct, and from imposing its own sanctions where appropriate on its own Individual Members.
7.8 BC Rugby will retain all reports prepared under Section 7.5
7.9 Any complaints concerning a violation of World Rugby Regulation 17 must be submitted in writing to the Chair of the Discipline Committee.
8. Disciplinary Action
8.1 Any individual found to have breached this Code of Conduct may be subject to disciplinary action, which may include reprimand, suspension or expulsion from BC Rugby and/or BC Rugby’s Board, Committees, competitions, events, programs, squads or teams.
8.2 BC Rugby may determine that a particular alleged breach or breaches of this Code of Conduct are of such seriousness to warrant suspension of the Individual Member or Individual pending a hearing and a decision of the Discipline Committee.
8.3 At the sole discretion of BC Rugby, a conviction for a Criminal Code offense may result in expulsion from BC Rugby and/or removal from BC Rugby teams, competitions, programs, activities and events as well as banning from any future membership or involvement with BC Rugby.
9.1 Any Individual who wishes to appeal a decision of the Discipline Committee may appeal to the BC Rugby Appeals Committee.
9.2 An Individuals who wishes to appeal a decision of the Discipline Committee has seven (7) days from the date on which the Individual receives notice of the decision to submit in writing (via email) to the BC Rugby CEO and/or President the following:
- notice of the intention to appeal;
- contact information and status of the Appellant;
- name of the respondent and any affected parties;
- date the Appellant was advised of the decision that the Appellant is appealling;
- a copy of the decision being appealed, or description of decision if written document is not available;
- grounds for the appeal as set out in Section 9.3; and
- An administration fee of two hundred dollars ($200) payable to BC Rugby.
An Individual who wishes to appeal a decision of the Discipline Committee and has submitted the foregoing within the seven (7) day period shall then submit in writing (via email) to the BC Rugby CEO and/or President the following within 30 days from the date on which the Individual receives notice of the decision of the Discipline Committee:
- detailed reasons for the appeal;
- all evidence that supports these grounds; and
- requested remedy or remedies.
9.3 An appeal must be based on one or more of the following grounds:
- the Discipline Committee made a decision outside of its authority or jurisdiction;
- the Discipline Committee failed to follow its own procedures or the procedures set out in this Code of Conduct;
- the Discipline Committee breached natural justice; or
- the Discipline Committee made a decision that was unreasonable in the circumstances.
9.4 In any appeal of the decision of the Discipline Committee, the Appellant bears the burden of proving that there are sufficient grounds for appeal as described in 9.3 section of this Code of Conduct.
10. Revision and Approval
This Code of Conduct shall be reviewed by the Governance Committee and the Chief Executive Officer on a regular basis, who may each recommend revisions to the BC Rugby Board of Directors for their approval.
11. Contact Us
All feedback, comments, requests for support and other communications relating to this Code of Conduct should be directed to: firstname.lastname@example.org.
In accordance with BC Rugby’s Bylaws, this Code of Conduct applies to any Member of BC Rugby and any Director or Officer of BC Rugby. Additionally, it applies to all Individuals’ conduct during or involvement with BC Rugby business, teams, programs, competitions, events and activities. Any Individual who violates this Code may be subject to discipline in accordance with BC Rugby’s Bylaws, Section 12.
BC RUGBY DISCIPLINE POLICY Effective September 1, 2018
Rugby Union is a sport that involves physical contact. Any sport involving physical contact has inherent dangers. It is very important that players play the game in accordance with the Laws of the Game and be mindful of the safety of themselves and others. It is the responsibility of those who coach or teach the game to ensure that players are prepared in a manner which ensures compliance with the Laws of the Game and in accordance with safe practices.
It is the duty of the match officials to apply fairly all the Laws of the Game in every match except when an experimental law has been authorized by the World Rugby Council. It is the duty of BC Rugby and its sub‐unions to ensure that the Game at every level is conducted in accordance with disciplined and sporting behaviour. This principle cannot be upheld solely by the match officials; its observance also rests on BC Rugby and its affiliated bodies and clubs.
Terms used in this Policy that are defined in World Rugby's Laws of the Game shall have the same meanings in this Policy, unless a contrary definition or intention is stated herein.
1.1 The BC Rugby Board delegates the primary responsibility for discipline issues to the Discipline Committee (DC) in accordance with Section 14.1(b) of the BC Rugby Bylaws (the "Bylaws").
2. Powers of the DC:
2.1 The powers of the DC are as outlined in the Bylaws, Section 14 (Discipline).
2.2 Allegations of violations of the BC Rugby Code of Conduct (the "Code") are within the jurisdiction of the DC and may be heard by the DC.1
3. Composition of the DC:
3.1 The DC shall be chaired by the person appointed by the CEO to chair the DC (the "DC Chair").
3.2 The DC shall have as representatives of the DC of the following sub‐unions: FVRU, VIRU and VRU.
3.3 The President of the BCRRS (or the President's delegate) shall be a member of the DC.
3.4 The CEO shall appoint up to two independent persons as members of the DC.
3.5 The absence of any member of the DC shall not invalidate any hearing or decision made by the DC.
1 Please refer to the BC Rugby Code of Conduct
Approved by Board – September 2018
3.6 The quorum for a DC hearing is one if the only person available is the DC Chair and two if the DC Chair is not available.
3.7 For certain BC Rugby events (e.g. provincial regional championships), the Chair may delegate authority for the DC as the DC Chair determines is appropriate and, in conjunction with the CEO, theDCChair may appoint ad hoc members of the DC for the purpose of holding DC hearings during such events.
4. Conflict of Interest:
4.1 A member of the DC is considered to be in a conflict of interest if either (1) the individual appearing at a hearing is a member of the DC member’s club or (2) the DC Chair determines in the DC Chair's sole discretion that the DC member is in a conflict of interest.
4.2 A DC member will not participate in resolving any matter in which the DC member has a conflict of interest as determined under section 4.1
5. Delegation of Authority:
5.1 Except as set out in this Policy, the DC will deal with discipline in accordance with Article 14 of the Bylaws and, specifically, with discipline reports that arise from BC Rugby sanctioned matches or competitions.
5.2 Subject to Article 22 of this Policy, the DC may delegate discipline matters arising from a sevens tournament to a duly appointed discipline officer for such tournaments. Where no such delegation for a sevens tournament has been made, the DC retains the right to hold a hearing and make a determination where there has been an act of foul play at the tournament that has resulted in a player being sent off or temporarily suspended.
6. Discipline Meetings:
6.1 This Policy sets out the procedures for dealing with the following:
(a) when a player is sent off the playing enclosure;
(b) when a player is cited for an act or acts of illegal or foul play;
(c) when a player has been temporarily suspended three times in accordance with section 6.4; and
(d) when an act or acts of misconduct may have been committed by a union, club player or person.
6.2 For the purposes of this Policy, illegal or foul play means a breach or breaches of Law 9 of the Laws of the Game.
6.3 A player is sent off when he is sent off the playing enclosure permanently by the referee and can take no further part in the match in which he was sent off.
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6.4 A player is temporarily suspended when he is cautioned in a match by the referee and temporarily sent off the playing enclosure by the referee for a period of ten minutes playing time which is spent in the so‐called "sin bin".
6.5 A player who is temporarily suspended three times within a 12‐month period commencing June 1st of a particular year and ending May 31st of the following year, will be deemed to have been sent off upon the conclusion of the match in which the third temporary suspension occurred.
6.6 An act of misconduct means a breach of the Code which occurs outside the playing enclosure.
7. Initial Procedures sending off:
Where a player in a match is sent off the referee shall, within 48 hours of the completion of the match, provide a written report of the incident to the BC Rugby Office. If a player is sent off the playing enclosure as a result of the intervention of an assistant referee, then the assistant referee shall also deliver a written report to the BC Rugby Office within 48 hours of the completion of the match.
7.1 When submitting a report in connection with the issuance of a yellow card, a red card or any other matter that falls within the jurisdiction of the DC, match officials must use the appropriate form of report provided by BC Rugby from time to time.
7.2 Reports prepared by match officials when a player has been sent off should contain the following information:
(a) the date of the match, the venue and the teams participating;
(b) the name of the player sent off and his team;
(c) the circumstances in which the player was sent off;
(d) the reason for the player being sent off; and
(d) any other information the match official considers relevant.
7.3 The player sent off shall be supplied with a copy of the match official's report(s) as soon as reasonably practicable and advised:
(a) of the date, place and time of the DC hearing at which the discipline proceedings will be heard;
(b) that the player will be required to attend in person or by telephone at the hearing;
(c) that if the player is unable to appear at the DC as notified, he should advise the BC Rugby Office forthwith;
(d) that the player is entitled to adduce evidence and make submissions and be represented by his club representative or a legal advisor; and
(e) the player is not eligible to play pending resolution of the case.
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7.4 Where possible, notice to the sent off player under this Article 7 shall be given in writing. It shall be sufficient compliance with this Article 7 if a copy of the match official's report(s) and notice of the information required in section 7.3 are sent by email to the member’s club. Where a player is deemed to have been sent off under section 6.5, it shall be sufficient compliance with this Article 7 if notice of the particulars of the three temporary suspensions are sent by email to the member’s club.
8.1 Although the DC does not want to receive vexatious or nuisance citings it will not condone acts contrary to the Laws of the Game that occur within the playing enclosure but may not have been detected by the match officials.
8.2 The DC will accept a citing if it is submitted in writing to the BC Rugby Office by a minimum of two individuals filing separate reports within 72 hours of a match or one individual with admissible video evidence.
8.3 The citing complaint shall contain the following information:
(a) the date and place of the alleged illegal or foul play;
(b) the name of the player in respect of whom the complaint is made and the team he was playing for at the time of the alleged illegal or foul play;
(c) the name of the opposing team; and
(d) full details of the alleged illegal or foul play or misconduct including brief details of the evidence relied upon.
8.4 Admissible video evidence shall mean, subject to the discretion of the DC, video evidence of the incident giving rise to the complaint which provides unedited coverage for one minute both before and after the incident giving rise to the complaint. The DC may, in its discretion, accept video evidence of shorter duration if it is satisfied that the evidence has significant probative value and is not unreasonably prejudicial to any parties having regard to the circumstances surrounding the incident.
8.5 The DC shall forthwith obtain such information and reports in relation to the act or acts of illegal or foul play subject to the citing complaint that it considers appropriate. All persons requested to provide reports or information shall co‐operate with such requests and provide the reports or information as the case may be. Copies of the information and reports obtained shall be forwarded by the DC to the player and other parties that were provided with a copy of the citing complaint. The DC Chair shall, as he or she considers appropriate, be entitled to deal with procedural applications and matters prior to the hearing.
8.6 The DC shall review the written reports of the citing at the next regular meeting of the DC.
8.7 Should the DC determine that a citing is vexatious or without merit the individuals filing the report shall be informed that the DC will take no further action in this matter.
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8.8 Should the DC determine that the citing is neither vexatious nor a nuisance complaint the individuals filing the reports and the person cited shall be informed that a hearing will be called to consider the matter.
8.9 The player cited shall be supplied with a copy of the relevant reports and information, and video coverage of the incident, if available, by the DC as soon as reasonably practicable and advised:
(a) of the date, place and time of the DC hearing at which the discipline proceedings will be heard;
(b) that the player will be required to attend in person or by telephone at the hearing;
(c) that if the player is unable to appear at the DC hearing as notified, the player should advise the DC forthwith;
(d) that the player is entitled to adduce evidence and make submissions and be represented by his union or a legal advisor; and
(e) as to the player’s eligibility to play pending resolution of the case.
8.10 At any hearing of a citing complaint, the DC may require the individual(s) who filed the citing to attend in person or via telephone conference or video link in order to present evidence or explain the basis upon which the citing complaint has been made.
8.11 In the interests of time and minimizing inconvenience, a player who has been cited, and whose discipline hearing is pending, can be required by the DC, prior to the hearing, to supply it with full particulars of the case that will be presented on his behalf at the hearing.
8.12 Where a player is the subject of a citing complaint, in the absence of a contrary determination from the DC, he shall not be considered to have been sent off. It will be open to the DC, in extraordinary circumstances, to deem a player who is cited to be considered sent off, and thus immediately suspended, if the DC is satisfied that having regard to the incident of complaint and the DC’s preliminary view of possible sanction, such action is warranted. Wherever practicable, a citation compliant should be adjudicated within 30 days of the end of the match in which the alleged foul play that is the subject of the complaint occurred.
8.13 In circumstances where a player has not been cited within the time period specified in Article 8 as a result of either:
(a) mistaken identity; or
(b) the nature of the incident(s) concerned is such that further investigation is needed to identify the player(s) alleged to have committed an act(s) of illegal or foul play,
then a citing complaint may be validly made by the complainant notwithstanding the submission of the citing complaint after the expiry of the applicable time period specified herein. However, any citing complaint submitted pursuant to this provision shall be lodged as soon as reasonably practicableandinanyeventwithinaperiodoffourteendaysfromtheconclusionoftheapplicable citing period.
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8.14 The DC shall determine, based on the evidence presented at the hearing, the course of action to be followed in the matter which may include the imposition of sanctions in accordance with these policies.
8.15 Notwithstanding anything else contained in this Article 8, for any league or division for which all matches are required to be video recorded, the provisions of Addendum 1 attached hereto shall apply to all matches played within that league or division (regardless whether a video recording (in whole or in part) for any match played within that league or division is available or has been submitted to BC Rugby as required for such league or division). To the extent of any conflict between the provisions of this Article 8 and the provisions of Addendum 1 the provisions of Addendum 1 shall prevail. Where the provisions of this Article 8 can be applied without being in conflict with the express terms of Addendum 1 or the stated purpose or rationale thereof, then such provisions of this Article 8 shall continue to apply.
9.1 Match official's reports should be filed with the BC Rugby Office within 48 hours of the completion of the relevant match.
9.2 Reports for consideration by the DC should be faxed, e‐mailed or hand delivered to the BC Rugby Office.
9.3 If a report for consideration by the DC is sent to a sub‐union, then the sub‐union shall fax, e‐mail or hand deliver it to the BC Rugby Office immediately so it can be circulated to the DC.
10. Determination of a discipline Case:
10.1 The standard of proof for decisions of the DC is the balance of probabilities, not beyond a reasonable doubt.
10.2 Decisions of the DC are based on the examination of the facts. Extraneous opinions about those who come before the DC are not germane to the process
10.3 Subject to Article 11, the DC will show deference to a match official's report unless the DC determines, on the balance of probabilities having given due consideration to the evidence provided to the DC, that the facts of the relevant incident differ from those set out in the match official's report.
10.4 The fact that a player may have been provoked into retaliation is no defense but may be considered when determining the sanction to be imposed.
10.5 The fact that a player has been provoked into foul play is no defense but may be considered when determining the sanction to be imposed.
10.6 The past record of a person appearing before the DC may not be considered as to guilt but may be considered when determining the sanction to be imposed.
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11. Standard of Proof:
11.1 This Article 11 relating to Standard of Proof has been prepared with the Laws of the Game in mind. It is essential to preserve the integrity of this Law and the referee’s position as sole judge of fact and law during the match. Any decision by a referee during a match cannot be affected by a ruling of the DC. A distinction is drawn between the referee’s decision on the field of play and reasons for the decision. This means that when the DC considers the discipline consequences of an incident, where the referee has already made a decision during the match in relation to that incident, the DC may, nevertheless, enquire into the referee’s reasons for that decision and the circumstances surrounding it.
11.2 In any case where the DC considers an incident(s) of illegal or foul play or alleged illegal or foul play, it may decide to impose a sanction in accordance with the provisions of this policy, or in the case of an sending off where the DC is satisfied on the balance of probabilities that the referee’s reasons for his decision were wrong take no further action.
11.3 In the case of an sending off, the function of the DC is to consider the circumstances of the case and determine what further sanction, if any, should be imposed on the player. The player sent off may seek to show that the referee’s reasons for his decision were wrong and the DC may, subject always to section 11.1, review the referee’s reasons for the sending off decision and the circumstances surrounding it. In any such case, the DC shall not make a finding contrary to the referee’s decision unless it is satisfied, on the balance of probabilities that the referee’s reasons for his decision were wrong.
11.4 In the case of a citing, the function of the DC shall be to review the case and determine whether on the balance of probabilities the player concerned committed the act or acts of illegal or foul play that are the subject of the citing complaint, provided that:
(a) in any case where the DC is required to consider a citing complaint in respect of an incident where the referee has made a decision on the field of play in relation to that incident, the DC may review the referee’s reasons for the decision and the circumstances surrounding it. In any such case, the DC shall not make a finding contrary to the referee’s decision unless it is satisfied on the balance of probabilities that the referee’s reasons for his decision are wrong; and
(b) in any case where the DC is required to consider an incident of illegal or foul play or alleged illegal or foul play which has not been the subject of a determination on the field of play by the referee it shall not uphold the citing complaint unless it is satisfied on the balance of probabilities that the player concerned committed the act or acts of illegal or foul play that are the subject of the citing complaint.
12. Discipline Committee – Power to Regulate its Own Procedures:
12.1 The procedure of the DC shall be as the DC shall determine in each case and the DC shall be entitled to depart from the procedures set out in Article 13. However, subject to the power to regulate its own procedures and depart from the procedures set out in Article 13, it shall:
(a) seek to conform generally with the procedures set out in Article 13;
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(b) ensure that a player subject to discipline proceedings has a reasonable opportunity to be heard and to present his case;
(c) comply with the Standard of Proof provisions set out in Article 11; and
(d) ensure that for citing complaints made by a member club, such club has a representative in attendance at the hearing, failing which the case will be dismissed.
12.2 In any case, the DC Chair, or delegate, may convene a pre‐hearing conference for the purposes of giving directions for the hearing and clarification of the procedures. Such conference may include any player sent off or cited or any club or their representative, match officials, and any other person or body whose participation is considered desirable.
12.3 The DC shall endeavour to ensure that discipline proceedings are heard in the presence of the club or player who is the subject of the proceedings, but nothing in this Policy, or otherwise, shall prevent a DC hearing and determining discipline proceedings in the absence of the club or player concerned where the club or player does not attend the hearing. In such circumstances, the DC may take written representations made by or on behalf of the club or player into account in making its decision.
13. Discipline Committee – General Procedures:
13.1 A player who is required to attend a hearing by a DC shall be entitled to be represented at the hearing by an official of his club or other affiliated organization, or by legal counsel.
13.2 The referee of the match in which the player is sent off may be required by the DC to attend the hearing of the DC whether in person or via telephone conference or video link. Nothing in this Article 13 shall prevent the DC hearing and determining discipline proceedings in the absence of a match official.
13.3 In respect of cases involving the sending off of a player, the DC shall ensure that, prior to the hearing, the player sent off has been supplied with, and has had a sufficient opportunity to consider, the match official's, together with other evidence including (where available) video evidence. In respect of cases involving a citing complaint, the DC shall ensure that prior to the hearing, the player cited has been provided with and has had a sufficient opportunity to consider the information and reports of the incident.
13.4 The DC, subject to section 11.1, shall be entitled to receive such evidence and in such form as it thinks fit (including evidence in writing), notwithstanding the evidence may not be legally admissible and shall be entitled to attach such weight to that evidence as it sees fit.
13.5 Generally, the DC shall look to the best evidence available to the DC. This means that first‐hand accounts from persons present at the hearing as to their observations of the incident in question should be preferred. Hearsay evidence may be accepted. However, caution will be exercised before hearsay evidence is accepted in preference to first‐hand evidence and generally less weight is likely to be given to hearsay evidence. Further, as a general rule, the DC should not permit the introduction of opinion evidence other than expert opinion evidence. Expert opinion evidence is only likely to be permitted when the evidence falls outside the everyday knowledge of members of the DC, for example, medical opinion.
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13.6 The DC shall be entitled to determine whether witnesses that give evidence are able to remain in the room in which the hearing is being heard after their evidence has been given.
13.7 The DC may direct the attendance, in person or by telephone conference, at the meeting of any player sent off or cited, and any witness. Where such a direction is given by the DC it shall be the responsibility of the club, the player or person or witness concerned to ensure that it is complied with, notwithstanding any arrangements that may need to be made or altered. In any situation where a direction given by the DC is not complied with, the DC may refuse to allow the evidence of the club, player or person or witness to be given in any other form.
13.8 Where evidence is given before the DC there shall be no direct questioning of any witness, save by DC members, except as otherwise agreed by the DC. Questions may, however, be put to a witness through the DC Chair at the DC Chair’s discretion.
13.9 The DC shall be entitled to call on experts to provide specialist advice, including legal advice.
13.10 Unless it otherwise directs, the procedure of the DC at a hearing will be as follows:
(a) the DC Chair will explain the procedure to be followed;
(b) for cases involving sending off, the referee’s report and, where applicable, the Assistant referee’s report will be read;
(c) the player will be asked to confirm if he admits that he has committed an act or acts of illegal or foul play;
(d) evidence from the sent off player, if he elects to give evidence, and from any witnesses to be called will be heard;
(e) final submissions will be heard; and
(f) a similar procedure subject to such modification as the DC deems appropriate may be adopted at the discretion of the DC with regard to cases involving citing however, the player will be asked to confirm if he admits that he has committed an act or acts of illegal or foul play.
13.11 For citing complaints, the club citing the player must have a representative in attendance at the hearing to present the basis of the citing complaint and evidence in support.
13.12 The player subject to the proceedings may admit the offence at any time in which case the DC should proceed immediately to hear submissions as to the sanction (if any) to be imposed.
13.13 The DC deliberations on its decision shall take place in private. A decision of a DC shall be valid if taken by at least a simple majority of the Members of the DC of those eligible to participate. No Member of a DC may abstain from any decision subject to application of the conflict rules. Where a DC has an even number of Members and the Members of such DC are unable to come to a unanimous or majority decision, then the DC Chair shall have a casting vote.
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13.14 Subject always to Article 11, the DC shall, in the first instance, determine, its factual findings. Thereafter, as appropriate, it will reconvene and hear and consider evidence and submissions in relation to sanctions.
13.15 The DC Chair shall, as he or she considers appropriate, be entitled to deal with any investigatory matters or procedural matters relating to a hearing.
13.16 The DC shall have power to postpone or adjourn a hearing at which discipline proceedings are to be heard.
14.1 When imposing sanctions, the DC shall refer to World Rugby's recommended penalties for illegal or foul play in Regulation 17, with the exception that, in most cases, the World Rugby period of time shall be converted to matches. This conversion reflects the variety of matches played over a fixed time period in the various competitions of the BC Rugby and the nature of our year‐round season of league and tournament play. For age‐grade players, the DC will follow World Rugby's sanction variations for underage players (Regulation 17, Appendix 3).
14.2 As a general rule in reference to the World Rugby recommended sanctions, a suspension of one match is generally deemed equivalent to a period of seven days in the World Rugby RecommendedSanctions, as that is the average number of days between matches for most teams in most competitions in British Columbia; however, this general interpretation rule is not intended to effectively reduce suspensions when a suspended player’s club has no matches during the suspension period.
14.3 A suspension from any union or sub‐union makes an individual player ineligible to play rugby in any other jurisdiction until such time as the player has completed the sanction imposed by the first jurisdiction.
14.4 The DC shall undertake an assessment of the seriousness of the player’s conduct, which constitutes the offending and categorize the offence as being at the lower end, mid‐range or top end of the scale of seriousness, in order to identify the appropriate entry point for consideration of a particular incident(s), having specific regard to the recommendations of World Rugby. Such assessment of the seriousness of the player’s conduct shall be determined by reference to the following features of offending:
(a) the offending was intentional, that is, committed intentionally or deliberately;
(b) the offending was reckless, that is the player knew (or should have known) there was a risk of committing an act of illegal or foul play;
(c) the gravity of the player’s actions in relation to the offence:
(i) nature of actions, manner in which offence committed including part of body used i.e. fist, elbow, knee or boot; and
(ii) the existence of provocation and whether the player acted in retaliation or self‐ defence;
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(d) the effect of the offending player’s actions on the victim (i.e. extent of injury, removal of player from match);
(e) the effect of offending player’s actions on the match;
(f) the vulnerability of victim player including part of victim’s body involved or affected, position of player, ability to defend himself;
(g) the level of participation in the offending and level of premeditation;
(h) whether the conduct of the offending player was completed or amounted to an attempt; and
(i) any other feature of the player’s conduct which constitutes the offending.
14.5 Having identified the applicable entry point for consideration of a particular incident, the DC shall identify all relevant off‐field aggravating factors and determine what additional period of suspension, if any, above the applicable entry point for the offence should apply to the case in question. Off‐field aggravating factors include the following:
(a) an absence or lack of remorse or contrition on the part of the offending player;
(b) the player’s status as an offender of the Laws of the Game;
(c) the need for a deterrent to combat a pattern of offending; and
(d) any other off‐field aggravating factor that the DC considers relevant and appropriate.
14.6 Thereafter, the DC shall identify all relevant off‐field mitigating factors and determine if there are grounds for reducing the period of suspension, if any. Off‐field mitigating factors include the following:
(a) the presence and timing of an acknowledgement of culpability by the offending player;
(b) a good record or good character;
(c) the age and experience of the player;
(d) the player’s conduct prior to and at the hearing;
(e) remorse for the player’s actions and the victim player; and
(f) any other off‐field mitigating factor that the DC considers relevant and appropriate.
14.7 In cases involving offending that has been classified pursuant to section 14.4 as lower‐end offending, where there are compelling off‐field mitigating features and a complete absence of off‐ field aggravating features, the DC may apply sanctions less than the World Rugby lower‐end entry sanctions and, in this respect only, the World Rugby lower‐end sanctions are not minimum sanctions.
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14.8 In cases of multiple offending, the DC may impose sanctions to run either on a concurrent or a consecutive basis provided that the total sanction is in all the circumstances proportionate to the level of the overall offending.
14.9 In addition to any sanction imposed by the DC by reference to the World Rugby recommended sanctions, the DC may impose a term of probation of between six and 36 months during which the player may be subject to harsher sanctions in relation to any new incidents requiring review by the DC.
14.10 The DC may also, in appropriate circumstances, require, as part of a sanction imposed upon a player or a Coach, that the player or Coach attend and satisfactorily complete one or more (referee or coaching) development courses or one or more referee or coaching assignments.
14.11 In any case, where a player has, in addition to the player's current offence, been previously suspended by the DC at any time when the player is under a probation sanction, the DC shall take into account the player’s previous offence and suspension in imposing any penalty on that player.
14.12 By default, unless the DC expressly determines otherwise, any offence while a player is subject to a probation sanction shall result in an automatic doubling of the penalty for the second offence.
14.13 The DC shall, upon request of a player who has appeared at a discipline hearing, provide written reasons for its decisions which specify the reasoning for their findings, including the finding on culpability, how the DC has categorized the seriousness of the offence by reference to the standard described in section 14.4, how the DC applied aggravating and mitigating factors and concluding with the sanction, if any, imposed.
14.14 The DC may, when considering a sanction, if any is to be imposed on a player who has been deemed to have been sent off under section 6.5, reset the yellow card count for that player at 0, 1 or 2 depending on the circumstances which gave rise to the yellow cards previously received by the player and whether the player was under a probation sanction when any of such yellow cards were received.
14.15 With respect to yellow cards, Addendum 2 applies to amend the provisions in this Policy. To the extent of any conflict between the provisions of this Policy and the provisions of Addendum 2, the provisions of Addendum 2 shall prevail.
15. Traveling and Off‐Field Infractions:
15.1 Upon the receipt of a written complaint from a public carrier, hotel, or restaurant or any other similar business, institution or organization with respect to misconduct by BC Rugby members, the DC may require the cited member’s club to post a bond of up to $1,000 subject to a full hearing into the matter.
15.2 The DC will determine, based on the evidence presented, the appropriate course of action to follow as a result of an investigation into this matter.
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16.1 Clubs are responsible and accountable for the conduct of their players, officials and all persons under their jurisdiction (which shall include Club supporters, whether or not such supporters are Club members), Clubs, players and persons must conduct themselves in a disciplined and sporting manner and ensure that they do not commit an act or acts or misconduct.
16.2 For the purposes of this Article 16, misconduct shall mean any conduct, behaviour or practices on or off the playing enclosure in connection with a match or tournament (excluding foul play during a match) that is unsporting or unruly or ill‐disciplined or that brings or has the potential to bring the game, or BC Rugby into disrepute.
16.2 It is not possible to provide a definitive and exhaustive list of the types of conduct, behaviour, statements or practices that may amount to misconduct. By way of illustration, each of the following types of conduct is an example of misconduct:
(a) acts of violence or intimidation within the venue in which the match is being played including (without limitation) the tunnel, changing rooms or warm‐up areas;
(b) acting in an abusive, insulting, intimidating or offensive manner towards match officials or any person associated with the clubs participating in the match or spectators;
(c) acts or statements that are or conduct that is discriminatory by reason of religion, race, sex, colour or national or ethnic origin;
(d) seeking or accepting any bribe or other benefit to fix a match or to achieve a contrived outcome to a match or to otherwise influence improperly the outcome of any dimension of aspect of any match;
(e) entering into any wager, bet or form of financial speculation, directly or indirectly as to the result of any other dimension or aspect of any match in which the person is directly or indirectly involved or connected with;
(f) providing inaccurate or misleading information about previous discipline record in any proceedings under this Article or other discipline proceedings or misleading information concerning the player’s future playing intentions;
(g) any other breach of the Code;
(h) comments or conduct in connection with current or anticipated discipline proceedings or matchofficiating (orany aspect thereof), whichmaybeprejudicialtoorimpactoncurrent or anticipated discipline proceedings or which are prejudicial to the interests of the match or any person.
16.3 Where the DC is made aware of an act of misconduct, the DC shall take such investigative steps as it deems appropriate to determine the particulars of the alleged incident including holding a hearing in respect of the incident in which case Article 8 of this Policy shall apply, mutatis mutandis.
BC Rugby Discipline Policy ‐ effective September 2018 - 13 -
16.4 The DC shall consider sanctions for misconduct in accordance with World Rugby Regulation 20.10.
17. Public Notice of Discipline Hearing Findings:
17.1 The BC Rugby Office will circulate DC minutes to DC members.
17.2 The BC Rugby Office is to maintain a database with respect to all discipline cases reported to the DC.
17.3 The record of all discipline cases shall remain in the database for at least 24 months period.
17.4 BC Rugby will post all DC discipline hearing results on the BC Rugby website.
18.1 An appeal of an order of the DC shall be heard by a BC Rugby Appeals & Complaints Committee in accordance with the BC Rugby Appeal Policy.
19. Post‐Hearing Procedures:
19.1 The decision of the DC shall be advised to applicable parties, as soon as practicable after the conclusion of the hearing and shall be binding on notification to the player or his representative, if any. Where it considers it appropriate, the DC may deliver a short oral decision at the conclusion of the hearing.
19.2 Relevant parties heard by the DC shall be entitled to a copy of any written decision of the DC which shall, where practicable, be sent to them by the host club within 48 hours after it is available.
19.3 In any case where a player is adversely affected by a decision of the DC, he shall be advised by the DC of the circumstances in which he may appeal to the BC Rugby Appeals & Complaints Committee. Such advice shall, ordinarily, be included in the DC’s written decision, if any, and advised at the conclusion of the hearing if an oral decision is given.
19.4 The hearing by the DC (save for private deliberations) shall, ordinarily, be fully audio recorded. The record of the proceedings, and all papers associated with the proceedings, shall be held by the DC which shall make the same available if required. Copies of the record shall be made available at reasonable cost only on appeal of the decision of the DC. An appeal of a decision of the DC shall be undertaken in accordance with the BC Rugby Appeal Policy.
20. Playing While Under Suspension:
20.1 A player sent off or deemed to have been sent off by the DC under section 8.12 may not take part or be selected for any further match until his case has been dealt with by a DC.
20.2 Without in any way limiting the effect of section 20.1, a player that is subject to an sending off (or as maybe applicable subject to a misconductcomplaint) is not entitled to play in anyInternational match or match forming part of an International Tournament or International Tour until his case has been finally resolved.
BC Rugby Discipline Policy ‐ effective September 2018 - 14 -
20.3 A suspended person or player who elects to appeal may not take part or be selected for any further match until a decision with respect to the appeal has been issued.
20.4 BC Rugby will not tolerate members playing while under suspension.
20.5 If a player is found to be playing while under suspension, the issue will be dealt with at the next regular meeting of the DC.
20.6 The DC will determine, based on the evidence presented, the best course of action to follow with respect to imposing additional penalties upon the player and the player's team or club.
20.7 TheDC may make a recommendation to the Competition Committee to sanction a particular team or club who has played a match with a suspended player.
21. Definition of a match for Purposes of Discipline:
21.1 A match is defined as a league, exhibition, representative match or a tournament at the same divisional level, or above, in which the offence occurred.
21.2 An player ejected from a Premier match may not count a lower division or league match as part of the player's sanction but may count an exhibition match, a representative fixture, a tournament or provincial or regional competition as part of the match count for the player's suspension in accordance with section 21.4.
21.3 A suspended player may use a defaulted match as a part of the match count for the player's suspension if the player was not a member of the defaulting team and in accordance with section 21.4.
21.4 An exhibition match, a representative match, a tournament, provincial or regional competition or a defaulted match may only be counted towards a suspension if the player or the player's club requests in writing to the DC Chair to count these competitions as part of the suspension and the DC Chair provides written confirmation of its approval of the request application.
21.5 Generally, a sevens tournament will be treated as being equivalent to one divisional or league match.
21.6 The DC Chair has the final discretion to determine what constitutes a match for the purpose of a sanction.
22. Sevens Tournaments:
22.1 Subject to the exceptions noted below, the provisions of this Policy shall apply mutatis mutandis to matches played, and any incidents arising from, a sevens tournament.
22.2 The sponsors of each sevens tournament shall arrange for one or more discipline officers (a “Tournament Discipline Officer”) to be appointed to deal with any discipline issues arising during the tournament.
BC Rugby Discipline Policy ‐ effective September 2018 - 15 -
22.3 No person shall be entitled to act as a Tournament Discipline Officer unless his or her appointment as such has been approved by the DC.
22.4 A duly appointed Tournament Discipline Officer shall deal with discipline issues arising during the pertinent tournament and, when doing so, shall apply the provisions of this Policy.
22.5 A Tournament Discipline Officer will file within 48 hours of the tournament’s completion a sevens tournament discipline report (in accordance with the form established from time to time by BC Rugby), which sets out the following:
(a) a discipline hearing summary for each red card issued during the tournament, such summary to include:
(i) name of player receiving red card;
(ii) nature of the incident giving rise to the issuance of the red card;
(iii) resolution of the Tournament Discipline Officer regarding the sanction to be imposed; and
(iv) any additional observations of the Tournament Discipline Officer regarding the incident or hearing that should be considered by the DC; and
(b) a summary of any issue arising during the tournament, whether within the playing enclosure or external thereto, which the Tournament Discipline Officer believes merits consideration by the DC.
22.6 The DC shall maintain a record of all red cards issued during the Summer Seven Aside tournament schedule.
22.7 The DC shall review each tournament discipline summary and determine what, if any, additional action is required.
22.8 The DC shall have the power to compel players who receive multiple red cards during the sevens tournament season to attend a hearing before the DC. The provisions of this Policy shall apply to such hearing.
22.9 A player who receives a red card while participating in a Summer Seven Aside tournament shall not be eligible to play in any subsequent match until the player has appeared before the pertinent Tournament Discipline Officer or the DC.
22.10 A Tournament Discipline Officer will not, and does have the authority to, impose a sanction on a player that extends beyond the end of the Tournament Discipline Officer’s tournament.
23. Additional Provisions:
23.1 In all proceedings heard by the DC, match officials may only give evidence of fact, not opinion, unless an opinion is expressly sought by the DC.
BC Rugby Discipline Policy ‐ effective September 2018 - 16 -
23.2 The standard of proof on all questions to be determined by the DC shall be the balance of probabilities.
23.3 Procedures or proceedings under this Article 23 or any decision of a DC shall not be quashed or held invalid by reason only of any defect, irregularity, omission or other technicality unless such defect, irregularity, omission or technicality raises a material doubt as to the reliability of the findings or decisions of a DC results in a miscarriage of justice.
23.4 Hearings by the DC shall be held in private.
23.5 Where discipline proceedings, however arising, are taken against more than one player as a result of incidents occurring in a match, such proceedings may be heard by a DC at the same time, provided there is no prejudice to any person against whom the discipline proceedings are taken.
23.6 No member of the DC should comment to the media on a decision of the DC but the DC Chair may release a copy of that decision to the media if it is available; or if a full written decision is not available, release to the media a brief resume of that decision.
23.7 In respect of any matter not provided for in this Article 23 the DC shall take a decision according to general principles of natural justice and fairness.
23.8 The DC, prior to a hearing or at any stage during a hearing, may amend the offence for which the player or person has been sent off or cited unless, having regard to the circumstances of the case, such amendment cannot be made without causing injustice.
BC Rugby Discipline Policy ‐ effective September 2018 - 17 -
ADDENDUM 1 MODIFIED CITING POLICY
BC Rugby Citing Addendum
The purpose of this policy is to outline the process that Member Clubs must follow to pursue disciplinary action with respect to an incident that the Club believes to be worthy of a sending off during a match in a BC Rugby sanctioned league match or tournament.
The Discipline Committee (DC) is charged with ruling on many sending off incidents throughout BC Rugby sanctioned leagues & tournaments. In the age of video evidence, it is becoming increasingly difficult for the DC to keep up with increasing demands of hearing cases. A Citing process will act to ensure that the DC only hears cases where a sending off should have occurred according to the opinion of a Citing Representative.
A Citing process in turn allows the DC to focus its time and energy on making informed decisions pertaining to acts of foul play. The decrease in total hearings will allow for more accurate precedents in the wake of decisions delivered by the DC.
"Citing" means a request by a Member Club to have the DC formally review an incident believed to be worthy of a sending off. In addition, where the Citing Incident involves a player making physical contact with a match official, the request may be submitted by a match official or the referees' society.
"Citing Incident" means an alleged act of foul play occurring during a match that contravenes the Laws of the Game established by World Rugby.
"Citing Report" means a written report with respect to a Citing Incident that includes the following:
- declaration of intent to cite, a description of the incident,
- the law(s) alleged to have been offended,
- the date and time of the match, the minute of play and half when the incident occurred, a video clip or timestamp identifying when the incident can be seen on video, and
- any other relevant information pertaining to the incident, including description of any injury suffered or a third person account.
"Citing Representative" means a person appointed by the DC to review a cited act of foul play and to determine whether a sending off would have been warranted in the circumstances of the cited act of foul play. A Citing Representative will be appointed for a one‐year term, commencing September 1 and ending August 31 of the following calendar year.
Approved by Board – September 2018
"Member Clubs" any registered society or other registered non‐profit organization whose primary purpose is the delivery of rugby‐related programs, or a post‐secondary institution that delivers rugby‐ related programs.
"Sending Off" means a sanction where a player can take no further part in a match.
1) Competitions where the Citing process is available
The availability of Citing must be equally applied throughout a competition. Citing under this Addendum will apply only for BC Rugby Divisions & Tournaments where video footage is required to be made for the entirety of that division or tournament. Citing does not replace decisions by match officials and cannot be applied without video evidence.
2) Establishing the intent to cite
Any Member Club wishing to cite an act of foul play occurring during a match in a BC Rugby sanctioned league match or tournament must produce a Citing Report and send it to BC Rugby’s Officials Development Officer within 5 days from the conclusion of the match or tournament during which the Citing Incident occurred.
3) Administrative review of documents
The Citing Report must be sent to BC Rugby’s Officials Development Officer, Chris Assmus, by e‐mail to email@example.com within 5 days of the incident referred to in the Citing Report.
4) Submission of citing to Citing Representative
The Officials Development Officer will promptly confirm receipt of the Citing Report to Member Club and forward the Citing Report to a Citing Representative.
5) Review of citing
The Citing Representative will review the Citing Report and determine whether in his opinion the Citing Incident should have warranted a Sending Off. The Citing Representative mayseekadditional information from the Member Club, the match officials or from any other person as determined by the Citing Representative. After a decision is made by the Citing Representative, the Officials Development Officer will communicate the decision to the Member Club who submitted the Citing Report.
6) Submission to Discipline Committee
If the Citing Representative determines in his opinion that the Citing Incident should have warranted a Sending Off, then the Officials Development Officer will provide the Citing Report, the Citing Representative's decision, and any other relevant information to the DC to arrange a player hearing in accordance with the Discipline Policy.
BC Rugby Discipline Policy ‐ effective September 2018 - 2 -
7) No suspension until a Discipline Committee Hearing
A player who is the subject of a Citing Report will not be suspended pending the completion of a hearing for a Citing Incident unless the DC determines that the player has unduly delayed the completion of the hearing.
8) No Appeal
A decision by a Citing Representative is final and cannot be appealed. The DC shall not make a finding contrary to the determination made by the Citing Representative unless the DC is satisfied, on the balance of probabilities, that the Citing Representative's decision is incorrect.
BC Rugby Discipline Policy ‐ effective September 2018 - 3 -
ADDENDUM 2 MODIFIED YELLOW CARD POLICY
The purpose of this modified policy is to introduce changes to the handling and review of the issuance of yellow cards and the assessment yellow card sanctions in BC Rugby. This policy is introduced for the2018‐ 2019 season on a trial basis.
While the accumulation of yellow cards should be sanctioned, the DC has recommended to BC Rugby that variations to past practice be examined to minimize the potentially harsh result that can occur when a player is deemed to be sent off for an accumulation of yellow cards, in particular when the accumulation includes a yellow card for a team infringement or when the player, by virtue of the success of the player's team in progressing through the playoffs, plays more matches than players on other teams.
1. Subject to paragraphs 2 and 3 below, a player who receives three yellow cards during one season (defined in the Discipline Policy as the period from June 1 to May 31) will automatically receive a sanction of a one‐game suspension and 12 months' probation without the need to hold a DC hearing.
2. The threshold at which a player receives an automatic sanction under paragraph 1 above will increase from three yellow cards to four yellow cards for players who actually play in two or more playoff games in the same league or division.
3. The first yellow card issued to a player for a team infringement will not count towards a player's annual yellow card accumulation total. However, notwithstanding the foregoing in this paragraph 3, if the player receives a second yellow card for a team infringement then both yellow cards (and all subsequent yellow cards for team infringements) will count towards the player's annual accumulation total.
4. A player who receives a yellow card and who wants to appeal the issuance of the yellow card must initiate an appeal of the yellow card within 72 hours of the end of the game in which the yellow card was issued. A player may only appeal a yellow card on the basis that either (a) an act of foul play occurred but the player was incorrectly identified as having committed the act of foul play (in which case the player must identify the teammate who did commit the act of foul play), or (b) an act of foul play did not occur. The burden of proof rests solely with the player. There is no right of appeal against the award of a yellow card for a technical offence. A player who wishes to appeal a yellow card must send a written notice to the BC Rugby Office setting out the basis on which the yellow card is being appealed. All evidence supporting the player's position must be submitted concurrently with the notice. The DC will review the player's submissions and make its determination on the balance of probabilities, with or without a full hearing involving the player's attendance at the discretion of the DC. Yellow cards that have not been contested, or that have been upheld after having been contested, will not be subject to further scrutiny by the DC in examining any sanction against the player, whether automatic under paragraph 1 above or otherwise.
Approved by Board – September 2018
Approved January 16, 2016
Effective date: October 13, 2015
Board Approved: January 16, 2016
1. Policy Objective
The purpose of this policy is to set out and describe how British Columbia Rugby Union (BC Rugby) may collect, use and disclose your personal information.
2. Policy Statement
British Columbia Rugby Union (BC Rugby) is committed to protecting your privacy and safeguarding your personal information.
This Policy applies to:
• BC Rugby’s website located at www.bcrugby.com (the “Website”);
• To information received by BC Rugby from persons who use the services provided through the Website; and
• To information received from persons who use services provided by BC Rugby through its operations or who participate in programs or activities that are sponsored or supported by BC Rugby or its member clubs (collectively, the “Services or Programs”).
• “Contact Information” is information that enables an individual to be contacted at a place of business, including their name, position, business telephone number, business address, business e-mail or business fax number.
• “Personal Information” is information about an identifiable individual, as defined under British Columbia's Personal Information Protection Act or other applicable laws, but does not include Contact Information or Work Product Information.
• “Work Product Information” is information related to an individual’s employment or business which is prepared or collected by the individual or group of individuals as part of their employment or business responsibilities.
5. Consent and Information Collection
Sometimes your consent will be implied through your conduct with us if the purpose of the collection, use or disclosure is obvious and you voluntarily provide the information. For example, if you provide your contact information and request information regarding a particular Service or Program, consent to our use of the contact information in order to provide the requested information will be implied. We may store and process personal information in Canada and in other countries.
6. Privacy Officer
BC Rugby’s privacy officer is Louise Wheeler who may be contacted at firstname.lastname@example.org and +1.604.737.3065.
7. Use of Information
BC Rugby may use your personal information for the following purposes:
• To support the development and delivery of BC Rugby programs;;
• To communicate with Clubs, players, parents and supporters, process applications, and to offer Services or Programs;;
• To enable BC Rugby to operate its administrative functions, including payment of dues or fees, and to offer and maintain rugby programs and support activities, including parent and volunteer participation and fundraising initiatives;;
• To communicate with Clubs, players, parents (past and present), and friends and supporters of BC Rugby and of its member Clubs to inform them of upcoming activities and events and to promote rugby in British Columbia and Canada, including providing information about upcoming games, competitions or touring sides,
• For our internal business purposes, such as to analyze trends and statistics, for audits, to develop new programs, to enhance our websites, to improve our programs and services, to identify usage trends and to determine the effectiveness of our promotional campaigns;;
• Submission of funding requests and reporting against funds received from federal or provincial government, government and private grant- giving organizations, BC Rugby’s private and commercial sponsors, Rugby Canada, the International Rugby Board (World Rugby);;
• To prevent, detect and investigate activities and transactions that are suspicious, fraudulent, or violate our Website Terms and Conditions;;
• As required or authorized by law;; and • Other purposes consented to by you.
You also may provide personal information to be published or displayed on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Examples of User Contributions are personal information provided for the purposes of inclusion in public contact lists, and personal information contained within or connected to photographs, videos or other media. Your User Contributions are published or displayed on the Website and transmitted to others at your own risk. We cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
You may occasionally receive general communications from us regarding our Services or Programs, news and events. You have the option to not receive this general information. We provide an opt-out function within all email communications of this nature (see: BC Rugby Communication Policy), or will cease to communicate with you for this purpose if you contact us and tell us not to send general communications to you.
8. Sharing of Personal Information
BC Rugby may disclose an individual's personal information to others in connection with the purpose for which it was collected, as consented to by the individual, or as required or permitted by law. Without limiting the generality of the foregoing, examples of where your personal information may be disclosed include:
• Other rugby unions or administrative bodies may contact BC Rugby for personal information about players. For example, if a player moves to another province, information may be requested by another rugby union to determine the player’s eligibility for participation in games. Permission to pass on these playing records is usually obtained when the player is registered and authorizes BC Rugby to disclose such information to rugby unions or sports governing bodies for ongoing game competition purposes.
• Personal information may be used to enable BC Rugby to provide the Services or Programs and other rugby related or administrative services that are offered from time to time by BC Rugby whether on its own or in conjunction with other rugby administrative bodies. These services may include the provision of information about fixtures, playing sides, rep competitions, training programs and other services.
• BC Rugby may share your personal information with certain service providers, including without limitation hosting providers, printers, vendors, consultants and credit card or payment processing companies ("Service Providers"). When we engage Service Providers who manage personal information on our behalf and/or perform services on our behalf, such as hosting content, conducting surveys, sending communications or helping prevent fraudulent transactions, we may share your personal information with such Service Providers under the requirement that such personal information is used only to provide services to us.
BC Rugby is not responsible for the actions of any independent third parties you may choose to engage with directly, nor are we responsible for any additional information you provide directly to any third parties, and we encourage you to become familiar with their privacy practices before disclosing information directly to any such parties.
9. Rights to Your Information
We strive to ensure that any personal information we retain and use is accurate, complete and up-to-date as necessary for the purposes for which we will use it. If our records regarding your personal information are inaccurate or incomplete, we will amend that information at your request.
10. Aggregated Data
We may also use your personal information and Website usage statistics to generate Aggregated Data for internal use and for sharing with others on a selective basis. “Aggregated Data” means records which have been stripped of information potentially identifying customers or users, and which have been manipulated or combined to provide generalized, anonymous information.
Your identity and personal information will be kept anonymous in Aggregated Data.
12. Cookies and Log Files
Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or functionality of our Website.
13. Change of Ownership or Business Transition
In the event of a change to the status or structure of British Columbia Rugby Union or other business transition, such as a merger, acquisition or sale of our assets, your information may be transferred in accordance with applicable privacy laws.
We will strive to prevent unauthorized access to your personal information, however, no data transmission over the Internet, by wireless device or over the air, is guaranteed to be 100% secure. We will continue to enhance security procedures as new technologies and procedures become available to the extent reasonably practical. Please remember that you control what personal information you provide while using the Website.
Ultimately, you are responsible for maintaining the secrecy of any personal information provided in connection with the use of the Website. Always be careful and responsible regarding your personal information. We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Website.
Similarly, we cannot assume any responsibility for the content of any personal information or other information which you receive from other users through the Website, and you release BC Rugby from any and all liability in connection with the contents of any personal information or other information which you may receive using the Website.
We cannot guarantee, or assume any responsibility for verifying, the accuracy of the personal information or other information provided by any third party. You release BC Rugby from any and all liability in connection with the use of such personal information or other information of others.
15. Supporting Policies
• Communications Policy
16. Contact Us
Effective date: October 1, 2015
1. Policy Objective
The purpose of this policy is to set a standard, ensuring that communications across British Columbia Rugby Union (BC Rugby) are well coordinated, presented coherently, managed effectively and compliant with all relevant Canadian and Provincial Laws of British Columbia.
2. Policy Statement
It is the policy of BC Rugby to:
A. Provide the membership with timely, accurate, intelligible and complete information about BC Rugby policies, programs, services and initiatives;
B. Employ a variety of methods and channels to effectively communicate BC Rugby information, utilizing a mix of traditional methods and new technologies, reflecting the diversity within the BC Rugby community and continuous change in technology and multi-media;
C. Deliver prompt, courteous and responsive service to all in the spirit of BC Rugby, including responding to every unsubscribe request within 10 days or less at no cost to the recipient;
D. Protect minors from inappropriate communications from BC Rugby and cyber-bullying through BC Rugby communication channels;
E. Respect the privacy of its members and stakeholders in compliance with the Personal Information Protection Act (PIPA) of British Columbia;
F. Comply with the Canadian Anti-Spam Legislation (CASL) by withholding commercial electronic messages from any individual or business without their explicit or implied consent.
This policy covers any communication, including, but not limited to, electronic mail (email), public and private communications via social media, telemarketing, short messaging service (SMS), written correspondence and verbal communications.
This policy applies to all British Columbia Rugby Union (BC Rugby) Board Members, members of staff, as well as any contractor or volunteer that is communicating on behalf of BC Rugby.
5. Supporting Policies
• Personal Information Protection Policy
• Staff, Coach and Volunteer Code of Conduct
6. Policy Implementation
A. BC Rugby will employ a full-time Communications Manager who shall be responsible for the planning, management and efficient execution of an annual communications plan;
B. BC Rugby will invest in the development and maintenance of a high-functioning and accessible website, and invest in the use of an e-marketing service provider, while maintaining a presence on popular social media platforms;
C. BC Rugby will utilize built-in analytics to measure the effectiveness of BC Rugby’s communications plan and the effectiveness of BC Rugby’s website, social media channels and e-marketing service provider;
D. BC Rugby senior staff and Board of Directors will regularly connect with BC Rugby affiliated associations and clubs’ leadership to facilitate greater understanding and feedback on BC Rugby’s policies, programs, services and initiatives;
E. BC Rugby will employ a full-time Member Services Manager who shall be responsible for overseeing that all enquiries are responded to in a timely and respectful manner; unsubscribe requests shall be automated through the e-marketing service provider;
F. BC Rugby will regularly monitor BC Rugby’s social media platforms for abusive or disrespectful behavior; when communicating with minors, BC Rugby will endeavor to limit communication to written format and restrict access to any minor’s contact details to relevant personnel who have a current criminal check and signed a non-disclosure agreement with BC Rugby;
G. BC Rugby will maintain member and stakeholder contact details through the e-marketing service provider, allowing members and stakeholders to manage their personal data, unsubscribe and update preferences at any time;
H. BC Rugby will centralize all commercial communications via the Communications Manager who shall oversee the management and distribution of all commercial communications through the e-marketing service provider that complies with CASL.
Gender and Diversity Policy
Approved January 16, 2016
British Columbia Rugby Union
Gender Equity and Diversity Policy
Effective date: October 1, 2015
Board Approved: January 16, 2016
1. Policy Objective
The purpose of this policy is to state the commitment of the British Rugby Union (BC Rugby) to equity and diversity, and to identify strategies that will help to promote equity and diversity within our organization and our sphere of influence.
2. Policy Statement
It is the policy of BC Rugby to:
- Welcome and promote the involvement of all persons in its programs and services, leadership and employment regardless of language, gender, gender identity, sexual orientation, race, ethnicity, physical ability, or marital or family status;;
- Adhere to our corporate values of fairness, respect, equity and inclusion in our allocation of resources, program design and decision-making;;
- Be a equal opportunity employer;;
- Providing fair terms of employment including equal pay for work of equal value;;
- Identify and address any imbalances in the benefits and opportunities, or barriers and disadvantages, affecting members and non-members of a particular population subset.
This policy covers all governance, strategic, operational and financial policies and procedures of BC Rugby.
This policy applies to all BC Rugby Board Members, members of staff, BC Rugby Committee Members, BC Rugby Working Groups, as well as any contractor or volunteer that is acting on behalf of BC Rugby.
5. Supporting Policies
- Staff, Coach and Volunteer Code of Conduct
- Provincial Age-Grade XV Team Selection Policy
- Communications Policy
6. Policy Implementation
- BC Rugby will equitably allocate resources and provide opportunities for participation, leadership and employment for both males and females without discrimination on the basis of
- BC Rugby will maintain a policy on Staff, Coach and Volunteer Code of Conduct that addresses issues of harassment, including sexual harassment.
- BC Rugby will ensure that gender is portrayed equitably in promotional materials and official publications, that ethnic minority groups are represented and that appropriate language is used in all
- BC Rugby will ensure that its programs and activities welcome the participation of all persons, including persons with a disability, aboriginal persons and other minority
- BC Rugby will recruit and manage on the basis of an individual’s competence, qualification and
- BC Rugby will seek out opportunities to enhance diversity when recruiting for employment or volunteer positions within the
- BC Rugby will pursue opportunities to encourage gender balance on its Board of Directors and
- BC Rugby will not solicit or accept sponsorship from companies which knowingly discriminate or undermine the corporate values of BC
- BC Rugby will work cooperatively with our Sub Unions, Clubs, other partner organizations, officials, coaches, athletes and the broader sport community to raise awareness and understanding of equity and diversity issues, and to promote inclusive
- BC Rugby will collate relevant data and maintain statistics on participation of women and girls, people with disabilities, ethnicity and newcomers to Canada in all facets of the
- BC Rugby will conduct equity and diversity audits to regularly evaluate BC Rugby’s culture and effective implementation of this
7. Responsibility, Monitoring and Evaluation
The BC Rugby Board of Directors will monitor the scope and currency of this policy. The Board is responsible for developing, where possible, measurable objectives and strategies to meet the objectives of this policy and monitoring the progress of those objectives. Management of BC Rugby is responsible for implementing, monitoring and reporting on measurable objectives as established by the Board.
Risk Management Policy
Approved January 27, 2018
British Columbia Rugby Union
Risk Management Policy
Approved by the Board: January 27, 2018
1. Policy Objective
The purpose of this policy is to outline a consistent approach to risk management of the governance, strategic and operational practices of British Columbia Rugby Union (BC Rugby) and to detail the transparent approach to the identification, communication, evaluation and management of risk.
It is the policy of BC Rugby to:
- Embed risk management into the governance and operations of BC Rugby;
- Integrate risk management into strategic, operational, and financial planning;
- Manage risk and leverage opportunities in accordance with best practices and BC Rugby’s risk tolerance;
- Regularly re-assess BC Rugby’s risk profile and the effectiveness of risk practices;
- Anticipate and respond to changing social, environmental and legislative requirements.
This policy applies to all plans, activities, organization processes, policies, procedures, individuals and property that comprise BC Rugby, in accordance with BC Rugby Bylaws.
Board of Directors: responsible for the oversight of the Risk Management Policy to ensure that the policy is used to develop and achieve the strategic objectives of BC Rugby, and to forecast potential risk events or conditions beyond the duration of the strategic plan.
Treasurer: responsible to ensure that the Risk Management Policy is integrated into the financial management and forecasting of BC Rugby.
Chief Executive Officer: responsible to ensure that the Risk Management Policy is integrated into the development of strategic plans and operational decisions, and to report on BC Rugby’s risk profile to the Board of Directors semi-annually.
All employees: responsible for effectively managing risk in their area of responsibility and identifying and advising their line manager of potential risks.
5. Supporting Policies
- BC Rugby Bylaws
- BC Rugby’s Code of Conduct
- Risk Register
- Risk Assessment
(a) Identification of Risks – BC Rugby will explore all potential risks to the organization and the sport of Rugby in British Columbia across the following vital areas:
iii. Infrastructure (Financial and physical)
iv. Legal, safety and security
v. Reputation and trust
(b) Analysis of Risks – BC Rugby will analyse all identified risks on the probability and the potential impact of that risk event or condition occurring, as detailed in appendix 1, and make a record of the analysis of each risk in the Risk Register.
(c) Tolerance of Risks – BC Rugby will determine the tolerance of risk based on the Risk Level Score of each risk, as detailed in appendix 2, and make a record of the Risk Level Score of each risk in the Risk Register and corresponding Risk Assessment.
(d) Control Measures of Risks – BC Rugby will consider and decide upon one, or a combination, of four control measures for each risk, as detailed in appendix 3, and make a record of this in the Risk Assessment document.
(e) Communication of Risks – BC Rugby will maintain a Risk Register and Risk Assessment that is readily available and proactively shared with all Board of Directors and BC Rugby staff.
(f) Owner of risk – BC Rugby will allocated a Risk Owner to all identified risks who will be responsible for the management of the control measure detailed for the risk, and a record of the risk owner will be recorded in the Risk Register and Risk Assessment.
APPENDIX 1: Analysis of Risks – Measure of Variables
A risk score is developed by assessing two variables:
- The probability or likelihood of the risk event or condition occurring; and
- The impact of consequences of that event of condition occurring.
Assisted by the following two tables, the risk owner estimates the probability on a scale from ‘rare’ to ‘almost certain’ and estimates the consequences from ‘insignificant’ to ‘extreme’, then determines the overall level of risk by multiplying the numerical scores of probably and impact for a total risk score.
A. Measure of Probability
Has not occurred at any amateur sport organization in the last 10 years
Has not occurred at a Canadian amateur sport organization within the last 10 years
Similar events have occurred at BC amateur sport organisations within the last 10 years
Similar events have occurred at BC amateur sport organisations within the last 5 years
Similar events have occurred within the last 2 years
B. Measure of Impact
$1 - $10,000
Exactly meets objectives
Impact is primarily operational, local and mediated within the current fiscal quarter
$10k - $50k
Significantly meets objectives
Negative/positive outcomes from risk event or occurrence unlikely to have permanent of significant effect on reputation or performance
$50k - $100k
Meets 50% of objectives
Negative/positive outcomes from risk event or occurrence that will have impact can be managed effectively in the medium term
$100k - $500k
Partially meets objectives
Negative/positive outcomes from risk event or occurrence require major effort to manage or resolve in medium term but do not threaten organisation’s existence
Does not meet objectives
Negative/positive outcomes from risk event or occurrence if not resolved in medium term threatened existence of organisation
APPENDIX 2: Measure and Tolerance of Risk Level
The numerical scores of probability and impact are multiplied to determine a total risk score. If the risk falls into several categories, it is always the category with the highest risk level.
Low (score 1 to 3)
A low (green) risk generally requires no additional control measures. The risk should be analysed to determine whether it is being over managed where control measures can be relaxed in order to redeploy resources.
Medium (score 4 to 7)
A medium (yellow) risk will be accepted as long as it is reduced to a lower level of risk in the long term using low resource options. The risk should be analysed to determine whether it is beign over managed where the control measures could be relaxed in order to redeploy resources.
High (score 8 to 12)
A high (orange) risk will be accepted as long as it is reduced to a lower level of risk in the midterm through reasonable and practicable control measures.
Extreme (score 13 and over)
An extreme (red) risk will not be accepted without additional control measures unless analysed and approved by the Board of Directors. Control measures must be implemented immediately to reduce the risk to a high score or below before the event can proceed.
APPENDIX 3: Control Measures
To effectively control a risk, the underlying causes and factors contributing to the risk must be considered and individually approached. BC Rugby will consider each risk in respect to the risk being able to either negatively or positively affect BC Rugby’s strategic goals and deploy one the following actions to effectively and efficiently control the risk:
Mainly for low impact and low probability risks, BC Rugby may be prepared to accept the risk due to the cost and/or effort required to further reduce or eliminate the risk exceeds the benefits of removing the risk.
For medium to extreme risks, BC Rugby may transfer the risk in whole or in part to relevant third-parties, through contracts and risk financing arrangements such as insurance.
For medium to extreme risks, BC Rugby will design effective treatments to eliminate or reduce the probability and/or impact of each risk requiring treatment. Treating a risk means that BC Rugby wishes to continue with the event or condition giving rise to the risk, and will task the risk owner to manage the risk in a cost effective manner.
In the event that a high to extreme risk can not be transferred or treated, BC Rugby should explore how best to avoid the risk event or condition altogether.