Canadian Safe Sport Program Consent Form

DOCUMENT PART 1: CONTEXT IN RELATION TO THE CANADIAN SAFE SPORT PROGRAM (“CSSP”) INFORMED CONSENT FORM (Consent Terms are found in Part 2)

The Canadian Safe Sport Program Rules (“CSSP Rules”) (https://cces.ca/canadian-safe-sport-program) are the set of rules to implement the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (“UCCMS”) (https://cces.ca/canadian-safe-sport-program), which commits the Canadian sport community to advancing a respectful sport culture that delivers quality, inclusive, accessible, welcoming and safe sport experiences. The purpose of this CSSP Consent Form is to set out the terms pursuant to which Participants and other individuals at Events that are subject to the CSSP and UCCMS under Rule 3.2 of the CSSP Rules agree to be subject to the Canadian Centre for Ethics in Sport (“CCES”)’s jurisdiction and its administration and application of the UCCMS and the CSSP.

If you have been asked to agree to this Consent Form, your Sport Organization(s) has adopted the CSSP and is bound by the UCCMS and you (your child), has been designated as a Participant or is otherwise subject to the CSSP and UCCMS, and therefore must abide by the CSSP and UCCMS.

This Consent Form is a condition for participation with your Sport Organization(s).

In case of violation of the terms of the UCCMS or CSSP, you (your child) may be subject to the CSSP Rules, including provisional measures, investigations, mediation, decision-making and sanctions, as further described therein.

It is important to read and understand the terms contained in the UCCMS and the CSSP, as they include the conduct expectations of Participants.

Public Disclosure and the Public Registry

In accordance with the UCCMS and CSSP, the CCES will maintain a Public Registry, which is a public database of individuals whose eligibility to participate in sport has in some way been restricted due to provisional measures and/or sanctions imposed.

Relevant information contained on the Public Registry (e.g., name, city/province, sport, provisional measure, sanction and, in the case of a sanction, the UCCMS or CSSP violation), will be publicly searchable as long as an eligibility restriction is in effect, after which it will be removed from the Registry.

Once information is removed from the Public Registry, or where a violation of the UCCMS is not disclosed on the Public Registry in accordance with the CSSP, it may be accessed by your (your child’s) Sport Organization(s) in accordance with the terms of this Consent Form and applicable laws.

PART 2: CSSP CONSENT FORM (“CONSENT FORM”)

I (on my behalf / on behalf of my child in the case of a legal guardian for their child) hereby consent to being subject to the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (the “UCCMS” available at https://cces.ca/canadian-safe-sport-program) and the Canadian Safe Sport Program (the “CSSP” available here: https://cces.ca/canadian-safe-sport-program).

Without limiting the foregoing, I (on my behalf / on behalf of my child) hereby consent to the collection, use and disclosure of my personal information in relation to the administration and enforcement of the UCCMS under the CSSP, as detailed below.

1. Consent and duration of consent

You (on behalf of your child) agree to comply with and be subject to the terms of the UCCMS and the CSSP for the duration of time that you are (your child is) a Participant under the CSSP or are otherwise subject to the CSSP.

You (on behalf of your child) agree to be subject to the CSSP and to the jurisdiction of the CCES, and its respective agents, professionals (e.g., investigators, decision-makers) responsible for the administration and enforcement of the UCCMS and the CSSP (collectively the “Agents”) during the period that you are or have been (your child is or has been) a Participant or are otherwise subject to the CSSP, and for any longer period as required for purposes of the administration and enforcement of the UCCMS and the CSSP.

You (on behalf of your child) agree that events which occurred prior to the implementation of the UCCMS and/or CSSP, or prior to agreement to this Consent Form, may also fall retroactively within the jurisdiction of the Agents if such events fall within the scope of the UCCMS and the CSSP.

You (on behalf of your child) agree that you have had the opportunity to be educated regarding the UCCMS and CSSP via Safe Sport E-Learning: Individuals at Designated National-Level Events (https://cces.ca/safesport-events) and you (on behalf of your child) expressly acknowledge and agree that ignorance of the UCCMS and CSSP is not a defence to any potential violations of the UCCMS and/or CSSP.

2. Obligations under the UCCMS and the CSSP Rules

The UCCMS and the CSSP contain rights and protections as well as responsibilities to the benefit of each Participant.

You (your child) may be subject to a Report in relation to an alleged violation of the UCCMS or CSSP Rules. You (your child) may also be otherwise involved in the UCCMS administration and enforcement processes of the CSSP.

You agree (on your behalf and on behalf of your child) to participate in the UCCMS/CSSP administration and enforcement processes as detailed in the CSSP Rules, including without limitation, an investigation, mediation, a decision on provisional measure, a decision on whether a violation of the UCCMS/CSSP has occurred, a decision on sanction, and enforcement of a provisional measure/sanction, as the case may be.

3. Personal Information

You (on your behalf and on behalf of your child) understand and agree that your (your child’s) personal information will be used, collected and disclosed strictly to the extent required to carry out the objectives of the UCCMS and the CSSP. In particular, your (your child’s) personal information will be processed as follows:

a. for compliance by Sport Organizations with the CSSP

In the context of its participation under the CSSP, the Sport Organization may collect, use and disclose information collected from you (your child), and/or about you (your child) in order to fulfil its obligations under the CSSP, including any requests made by the Agents pursuant to the CSSP, as well as in the context of the administration and enforcement of the UCCMS/CSSP processes under the CSSP, as described below.

b. for UCCMS and CSSP administration and enforcement processes

In the context of a Report made under the UCCMS/CSSP in relation to you (your child), Agents may receive, process, administer, investigate and/or adjudicate the Report in accordance with the CSSP Rules.

To do so, the Agents may collect, use and disclose information collected from you (your child), and/or about you (your child), including but not limited to the following:

i. allegations, records (including documents, audio recordings, videos or any other type of record) or information provided by a Reporting Person or Respondent;

ii. allegations, records or information from third parties (such as relevant witnesses, Sport Organizations or other available sources; and/or

iii. any response, statement, records or information that you (your child) provide.

More specifically, the Agents may collect, use and disclose information relating to the Report to individuals to the extent reasonably necessary as part of the CSSP processes, in accordance with relevant confidentiality parameters and other terms of the CSSP.

Information about you (your child), including personal information, can be obtained from, disclosed, used or collected by, and shared between organizations (including but not limited to Sport Organizations, the Office of the Sport Integrity Commissioner (OSIC), the Sport Dispute Resolution Centre of Canada (SDRCC) and public or governmental authorities) for purposes of implementing the UCCMS and/or CSSP or other legitimate purposes, including those related to safety and security of individuals and those related to the investigation of potential violations of the UCCMS and/or CSSP or as otherwise required by law. The Agents may obtain or otherwise collect your (your child’s) personal information (including, without limitation, information from past cases) from Sport Organizations, the OSIC or from the SDRCC for safe sport-related purposes, if such information is directly relevant to potential violations of the UCCMS and/or CSSP that have been asserted against you (your child), as well as for any other purpose relating to the implementation, administration and enforcement of the UCCMS and/or CSSP. To be clear, information obtained or otherwise collected in this manner may be used or disclosed by Agents for any purpose relating to the implementation, administration and enforcement of the UCCMS and/or CSSP.

If a Report is made under the UCCMS or CSSP in relation to another individual, the Agents may collect, use and disclose information from or about you (your child) in relation to the receipt, processing, investigation and adjudication of the Report in accordance with relevant confidentiality parameters and other terms of the CSSP, UCCMS and/or the CSSP Privacy Policy (available here: https://cces.ca/canadian-safe-sport-program).

c. in relation to the Public Registry

Information listed in Section 4 below about you (your child) may be collected, stored, used and/or disclosed on the Public Registry when, following a Report against you (your child) under the UCCMS or CSSP, a sanction or a temporary or provisional measure restricting your (your child’s) eligibility to participate in sport is imposed against you (your child).

In such circumstances, information about you (your child) on the Public Registry will be publicly searchable and/or accessed by Sport Organizations and/or relevant Agents, in accordance with the CSSP and applicable laws.

Agents may disclose this information on the Public Registry for the duration of the eligibility restriction only.

d. in Decisions

For purposes of demonstrating the fairness of any review or appeal of a CCES decision under the CSSP Rules, the SDRCC may publish decisions of the Safeguarding Tribunal and/or Appeal Panel that are rendered following determination of a Report under the UCCMS and CSSP which may include your (your child’s) personal information about the Report, the provisional measure, resolution or sanction if you are (your child is) the respondent. However, limitations on publication and/or exceptions may apply, as provided for in the CSSP, including where necessary to protect the identity of complainant(s), minor(s), individuals directly impacted by the UCCMS or CSSP violation and other relevant third parties.

e. internally by the CCES and access by Sport Organizations

For the purpose of internal record keeping by the CCES, the CCES will maintain an internal database with information on all provisional measures, resolutions and sanctions related to Participants and other individuals who were Respondents under the CSSP, irrespective of whether the information was publicly disclosed on the Public Registry. This information may contain your (your child’s) personal information for the time and indefinitely to the extent required to carry out the objectives of the UCCMS and the CSSP.

Once information is removed from the Public Registry, or where a violation of the UCCMS or CSSP is not disclosed on the Public Registry in accordance with the CSSP, your (your child’s) Sport Organization will still be able to access this information in a confidential and secure manner as set out in a user agreement with the CCES.

If another Sport Organization requires access to any record of a process conducted under the CSSP in which you (your child) were a Respondent, the Sport Organization will be required to obtain your prior written authorization before such access is granted.

4. Disclosure on the Public Registry

If you are (your child is) sanctioned in some way that restricts your (your child’s) eligibility to participate in sport due to a violation related to the CSSP or UCCMS, that information will be posted on the Public Registry. In particular, that information may include your (your child’s):

a. full name;

b. city and province of residence;

c. Sport Organization affiliation;

d. category of alleged violation(s) of the UCCMS (i.e., when provisional measures are imposed);

e. nature of violation of the UCCMS pursuant to a decision under the CSSP;

f. sanction or provisional measures imposed and description of the imposed sport participation restriction or sanction conditions; and,

g. date of issuance of sanction or provisional measures and period in effect.

If you are (your child is) a coach or other person of authority and provisional measures are imposed on you (your child) that suspend or restrict in some way your (your child’s) eligibility to participate in sport due to an alleged violation related to the UCCMS or the CSSP Rules, then that provisional measure will be posted on the Public Registry. If you are (or your child is) not a coach or person in authority, then there is a presumption that the provisional measure will be posted on the Public Registry, subject to the discretion of the relevant Agents pursuant to the terms of the CSSP Rules. For any publication of provisional measures, the category and particulars of the alleged prohibited behaviour will not be posted.

For minors who may be subject to provisional measures and/or a sanction, the disclosure of their information on the Public Registry will be considered on a case-by-case basis by the relevant Agents, taking into account the sensitivity of personal information and the need to carry out the objectives of the UCCMS and the CSSP.

Concerning disclosure on the Public Registry, particular consideration will also be given by the relevant Agents to foster the protection of the identity of individuals directly impacted by the UCCMS or CSSP violation or other relevant third parties, in accordance with the CSSP. This may include, without limitation, redacting any identifying information.

5. Concerns and Questions

If you have any questions regarding the collection, use or disclosure of your (your child’s) information as described in this Consent Form, in relation to the UCCMS or the CSSP, you may contact the CCES at safesport@cces.ca.

Regarding the possibility to file a Report in relation with the processing of personal information, to access this information or to correct it, you may refer to the Privacy Policy available here: https://cces.ca/canadian-safe-sport-program.

6. Claims and Proceedings

You (on your behalf and that of your child) agree that no Agent or CCES director, staff member, professional, principal, assign, agent, representative, administrator, investigator or assessor, expert or dispute resolution professional, is a compellable witness in any court or administrative proceeding, including other SDRCC proceedings, with respect to any of the services provided by them in the administration and enforcement of the UCCMS and the CSSP. You (your child) understand that this is required to ensure the confidentiality and the independence of the UCCMS and CSSP administration and enforcement processes, among other things.

For the same reasons, no person shall subpoena or demand the production of any notes, records or documents prepared by Agents in the course of proceedings arising from the administration and enforcement of the UCCMS or the CSSP, regardless of their form or medium.

7. Consent

You (on your behalf and that of your child) have had the opportunity to seek independent advice before agreeing to this Consent Form and thereby giving your consent.

You (on your behalf and that of your child) understand, agree and freely consent to the terms set out in this Consent Form.

You (on your behalf and that of your child) understand and agree that this consent is irrevocable for any CSSP related processes. You (on your behalf and that of your child) understand and accept that this consent must be irrevocable for CSSP related process so that the purpose of the UCCMS and the CSSP are not frustrated and/or undermined.

You are (your child is) free to terminate your (your child’s) association as a Participant with your (your child’s) Sport Organization(s) at any time. More specifically, to the extent there are allegations involving violation of the UCCMS or the CSSP alleged to have occurred prior to such termination, your consent (on your behalf and on behalf of your child) under this Consent Form is irrevocable for any CSSP related process, including to the UCCMS and the CSSP, to the jurisdiction of the CCES, and its Agents, and to the collection, use and disclosure of your (your child’s) information for purposes relating to implementing, administering and enforcing the UCCMS and/or CSSP.