2nd Session, 43rd Legislature

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Bill 21

THE PROTECTING YOUTH IN SPORTS ACT

(Assented to                                         )

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

INTRODUCTORY PROVISIONS

Definitions

1   The following definitions apply in this Act.

"coach" means an individual who is authorized or recognized by a provincial sports organization to provide instruction and direction to participants in a sport. (« entraîneur »)

"independent adjudicator" means an individual, corporation, organization or other entity appointed under section 7. (« arbitre indépendant »)

"maltreatment" means

(a) physical, sexual or psychological abuse;

(b) grooming for the purpose of sexual abuse;

(c) neglect;

(d) unreasonable discrimination on the basis of a characteristic set out in subsection 9(2) of The Human Rights Code; or

(e) other prescribed conduct. (« mauvais traitements »)

"official" means any individual who is authorized or recognized by a provincial sports organization to perform any of the following roles in a sport:

(a) manager;

(b) trainer;

(c) referee, umpire, judge or other individual who enforces the rules of the sport;

(d) a prescribed role. (« officiel »)

"parent" includes a legal guardian. (« parent »)

"prescribed" means prescribed by regulation. (Version anglaise seulement)

"provincial sports organization" means

(a) an association or organization recognized by Sport Manitoba that organizes or oversees the operation of a sport in Manitoba and which, directly or indirectly, receives government funding; or

(b) a prescribed association, organization or entity. (« organisme sportif provincial »)

"safe sport policy" means the policy established by Sport Manitoba under section 3. (« politique de sport sécuritaire »)

"sport" means an individual or team sport that is organized or overseen by a provincial sports organization. (« sport »)

"Sport Manitoba" means Sport Manitoba Inc., a corporation established under The Corporations Act. (« Sport Manitoba »)

"young athlete" means an individual who is 21 years of age or under who participates in a sport. (« jeune sportif »)

Act does not apply to school sporting activities

2   This Act does not apply to

(a) sporting activities that students engage in that are part of the curriculum of a public school or independent school; and

(b) extra-curricular sporting activities involving students at a public school or independent school.

SAFE SPORT POLICY

Safe sport policy

3(1)   Sport Manitoba must establish a safe sport policy that is designed to ensure that all young athletes have a safe and positive experience when participating in sports.

Individuals subject to safe sport policy

3(2)   The safe sport policy must establish behavioural expectations and prohibited conduct for

(a) coaches and officials;

(b) young athletes; and

(c) parents of young athletes.

Procedures for complaints and investigations

3(3)   The safe sport policy must establish procedures respecting the handling and investigation of complaints of maltreatment of young athletes and other conduct prohibited under the policy in accordance with the principles of procedural fairness and natural justice.

Discipline

3(4)   The safe sport policy must set out the disciplinary measures that may be imposed if an individual is found to have engaged in maltreatment or other conduct prohibited under the policy.

Appeals

3(5)   The safe sport policy must establish a process to appeal decisions on complaints.

Safe sport policy available on website

3(6)   Sport Manitoba must make the safe sport policy available to the public by posting the policy on its website.

Provincial sports organizations must adopt safe sport policy

4   Each provincial sports organization must adopt and implement the safe sport policy.

INFORMATION FOR YOUNG ATHLETES AND PARENTS

Educational information for young athletes

5(1)   Sport Manitoba must prepare or approve age-appropriate information for young athletes that sets out

(a) behavioural expectations and prohibited conduct for young athletes under the safe sport policy;

(b) examples of maltreatment and other conduct prohibited under the safe sport policy and situations in which that conduct might occur; and

(c) actions that a young athlete may take if they believe they have experienced maltreatment or other conduct prohibited under the safe sport policy, including how to make a complaint about that conduct.

Educational information for parents

5(2)   Sport Manitoba must prepare or approve information for parents of young athletes that sets out

(a) behavioural expectations and prohibited conduct for young athletes and their parents under the safe sport policy;

(b) examples of maltreatment and other conduct prohibited under the safe sport policy and situations in which that conduct might occur;

(c) examples of behaviour that indicates that a young athlete may have experienced maltreatment or other conduct prohibited under the safe sport policy; and

(d) actions that a parent may take if they believe that their child has experienced maltreatment or other conduct prohibited under the safe sport policy, including how to make a complaint about that conduct.

Information available to young athletes and parents

5(3)   Each provincial sports organization must make the information prepared or approved under subsections (1) and (2) available to young athletes participating in that sport and their parents.

EDUCATION FOR COACHES

Coaching courses

6(1)   Sport Manitoba must prepare or approve courses for coaches that provide training on how to

(a) create a safe and positive environment for young athletes; and

(b) identify, prevent and report maltreatment and other conduct prohibited under the safe sport policy.

Courses must address prohibited conduct

6(2)   The coaching courses must also address behavioural expectations and prohibited conduct for coaches under the safe sport policy.

Coaches required to complete courses

6(3)   Each provincial sports organization must ensure that each of its coaches completes the coaching courses prepared or approved by Sport Manitoba at prescribed intervals.

INVESTIGATION AND DETERMINATION OF MALTREATMENT COMPLAINTS

Independent adjudicator

7(1)   Sport Manitoba must appoint one or more individuals, corporations, organizations or other entities that are independent of any provincial sports organization as an independent adjudicator to

(a) receive, review and investigate maltreatment complaints involving young athletes;

(b) determine whether maltreatment of a young athlete occurred; and

(c) impose discipline or any other form of resolution when appropriate if maltreatment is found to have occurred.

Staff

7(2)   An independent adjudicator may retain one or more individuals to perform a specified role in relation to maltreatment complaints. These individuals must not have any relation to any provincial sports organization.

Maltreatment complaints to independent adjudicator

8(1)   Each provincial sports organization must ensure that young athletes and parents are provided with information about how to make a maltreatment complaint directly to an independent adjudicator.

Referring complaints to independent adjudicator

8(2)   If a maltreatment complaint is made to a provincial sports organization or one of its coaches or officials, the complaint must be immediately referred to an independent adjudicator.

Preliminary review

9(1)   On receiving a maltreatment complaint, the independent adjudicator must acknowledge receipt to the complainant and conduct a preliminary review of the complaint.

Dismissal after preliminary review

9(2)   The independent adjudicator may dismiss a complaint after conducting a preliminary review of the complaint if the adjudicator determines that

(a) the matters raised in the complaint do not constitute maltreatment or are otherwise outside the jurisdiction of the adjudicator; or

(b) the complaint is frivolous, vexatious or trivial.

Notice to complainant

9(3)   The independent adjudicator must give written notice to the complainant if the adjudicator decides to dismiss the complaint.

Investigation and hearing

10   The independent adjudicator must carry out an investigation of a maltreatment complaint that is not dismissed under section 9 and hold any hearing into the complaint in accordance with the procedures established under the safe sport policy.

Decision

11(1)   After carrying out an investigation of a maltreatment complaint and holding any hearing, the independent adjudicator may

(a) dismiss the complaint if the adjudicator determines that the maltreatment alleged in the complaint did not occur; or

(b) impose such discipline or other form of resolution as may be appropriate in the circumstances if the adjudicator determines that the maltreatment alleged in the complaint did occur.

Notice of decision to parties to complaint

11(2)   The independent adjudicator must give written notice of their decision to the complainant and the subject of the complaint. The notice must include the reasons for the decision.

Summary of decision

11(3)   The independent adjudicator must give Sport Manitoba and the applicable provincial sports organization a summary of the decision on a maltreatment complaint. The summary must include only the following information:

(a) the name of the subject of the complaint;

(b) a brief summary of the nature of the complaint;

(c) the adjudicator's findings on the complaint and any discipline or other form of resolution imposed;

(d) the date of the adjudicator's decision.

Implementing discipline

11(4)   The applicable provincial sports organization must ensure that it promptly implements any discipline or other form of resolution imposed by the independent adjudicator on the subject of the complaint.

Notice to all provincial sports organizations

12(1)   Sport Manitoba must give written notice to each provincial sports organization when an independent adjudicator finds that a coach or official maltreated a young athlete. The notice must set out

(a) the name of the coach or official;

(b) the sport in which the maltreatment occurred;

(c) the discipline or other form of resolution imposed on the coach or official, including the end date of any suspension; and

(d) the date of the adjudicator's decision.

Discipline applies across all sports

12(2)   The discipline imposed on a coach or official applies across all sports governed by a provincial sports organization. Each provincial sports organization must enforce the discipline if the disciplined individual coaches or acts as an official in that organization's sport or attempts to do so after the notice under subsection (1) is given.

MISCELLANEOUS PROVISIONS

Confidentiality

13   An independent adjudicator and their staff and any other person who becomes aware of information about a maltreatment complaint as a result of activities under this Act must keep the information confidential and must not disclose it to any other person or entity unless

(a) the information is available to the public or is authorized or required to be disclosed under this Act;

(b) the disclosure is necessary to administer or enforce this Act;

(c) the disclosure is necessary to comply with an order made by a court or other person or body with jurisdiction to compel production of the information; or

(d) the person the information is about consents to the disclosure.

Application

14   This Act applies only to maltreatment complaints involving conduct that is alleged to have occurred on or after the coming into force of this Act.

Duty to report

15   Nothing in this Act affects an obligation or duty to report behaviour that is prohibited under the Criminal Code (Canada) or another enactment.

REGULATIONS, C.C.S.M. REFERENCE AND COMING INTO FORCE

Regulations

16   The Lieutenant Governor in Council may make regulations

(a) requiring all officials or a class of officials to complete courses or training on specified subjects;

(b) respecting independent adjudicators, including

(i) reporting requirements for independent adjudicators,

(ii) the handling of complaints about independent adjudicators, and

(iii) the process for terminating the appointment of independent adjudicators;

(c) requiring provincial sports organizations to report on the implementation of discipline imposed by an independent adjudicator;

(d) respecting the maintenance of summaries of decisions under subsection 11(3) received by Sport Manitoba;

(e) respecting the public reporting of information about coaches and officials found to have maltreated a young athlete;

(f) prescribing anything referred to in this Act as being prescribed;

(g) defining any word or expression used but not defined in this Act;

(h) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.

C.C.S.M. reference

17   This Act may be referred to as chapter P143.6 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

18   This Act comes into force on a day to be fixed by proclamation.