Risk Management Policy

Hamilton Cycling Club. 2023

This Risk Management Policy covers all relevant activities of the Hamilton Cycling Club and follows closely the Ontario Cycling Association guidelines for club activities.

Club Activities:

A club activity is defined as a bicycle activity including but not restricted to a road race, a criterium, a time trial, a pursuit, and a track meet. It also includes training rides and club tours. The Hamilton Cycling Club acknowledges that if it wishes to run either road races (other than Australian Pursuit) or criteriums under the clubs umbrella it is required to submit an Event Permit Application to the Sport Coordinator at the OCA.

These activities are primarily for the benefit of club members. Except for a sanctioned race, participants must be members, in good standing, of the said club. Event organizer will have an up to date membership sheet in his/her possession at commencement of the event.

A rider signed up as an Associate Member shall be eligible to ride in a club event at the club discretion so long as he or she is a member in good standing of the OCA (Ontario Provincial Race License / UCI licence holder) or a club affiliated with the OCA (must provide proof of membership via current club membership card of an OCA affiliated club). The club will ensure per above that the majority of members in an event shall be full club (as opposed to Associate Members) members.

All club activities must be registered with the Ontario Cycling Association with the proper affiliation documents before the event and have the approval of the club executive. The relevant waiver forms must be completed, signed and dated before the event and held on file by the Ontario Cycling Association. Associate forms will be obtained prior to the event and forwarded to the OCA in a timely fashion. The club will retain a copy of these waivers.

A team of competent officials appointed by the club will directly supervise racing type activities which have been approved by the OCA. These officials shall include, but not be limited to, a registrar, a timekeeper, a starter, marshals, first aid personnel, etc. The same individual may perform more than one duty (e.g.: a marshall and a first aid person). These officials will ensure rules regarding bicycle components and rider attire etc as outlined by the OCA/CCA/UCI are complied with.

Specifically for training rides and tours, the club will designate a group leader who will be responsible for the group conduct. The group leader will be required to have or ensure a rider with the ride has a cell phone to call for medical or other help.

The Group leader will ensure all riders in a ride are wearing ANSI approved helmets. Riders are expected to ensure their bikes are in good and safe running order. Where twenty or more riders show up for a group ride the group leader will split the riders into two or more smaller groups.

In the event that there are insufficient officials, the activity shall be cancelled and participants asked to leave the general area. It is not permitted to hold an 'unofficial' activity with the participants.

Sanctioned Events:

A sanctioned race shall be organized by the club under the auspices of the Ontario Cycling Association with the appropriate insurance coverage, paperwork and city and police approvals. The club shall designate a team of officials to oversee the race (including Commissaires as appointed by the OCA). This team will be staffed with personnel as demanded by the type of race. The race shall be open to all club members, in good standing and possessing a current racing license and all others complying with the rules and regulations of the OCA/CCA/UCI the governing bodies of the sport of cycling in Canada. The Commissaires will ensure rules regarding bicycle components and rider attire etc as outlined by the OCA/CCA/UCI are complied with.

Safety:

All club activities will obey the rules of the road (as laid out in the Ontario Highway Traffic Act and local area bylaws) and any rider not complying (upon first warning) will be immediately expelled from the activity. The same will apply to riders observed to be under the influence of alcohol, drugs or items that may influence their judgement. The expulsion shall be final with no appeal procedure.

In the event of an accident, first aid will be administered as required. An accident report will be prepared and sent to the Ontario Cycling Association within 48 hours of the incident. The report should contain details of the accident with names and addresses of the individuals involved, the names and addresses of witnesses and if possible photographs of injuries, damaged property and the general area of the accident. This report will be filed in the club records and a copy registered with the Ontario Cycling Association for future reference.

The Club reserves the right to cancel any club activity in poor weather and will cancel any activity if lightning is sighted.

Hamilton Cycling Club

Constitution

Hamilton Cycling Club. 2017

A copy of the club's constitution can be downloaded here.

Membership Policy

“Organization” refers to: The Hamilton Cycling Club

Purpose

The purpose of this Policy is to describe the application, rights, conditions and obligations for membership within the Organization.

Scope and Application

This policy applies to all Members as defined in the Organization’s Bylaws.

Membership Year and Dues

Membership within the Organization is granted upon an annual basis and will terminate on December 31st of each year, subject to re-registration in accordance with this Policy and the Organization’s Bylaws. Membership dues are established annually at the discretion of the Organization’s Board of Directors.

Renewal of Membership

No Member will be accepted or renewed as a Member, unless:

• The potential Member has made an application for membership in a manner prescribed by the Organization
• The potential Member has agreed to comply with, and meets the requirements of, the Organization’s Bylaws, policies, procedures, rules and regulations
• The potential Member has paid membership dues owing from any previous membership period
• If, at the time of applying for membership the potential Member is a Member in Good Standing as defined in this Policy, unless approved otherwise by the Board
• The potential Member meets the requirements listed in the Organization’s Bylaws and in this Policy.

Minimum Requirements for Renewal

Potential Members must comply with the following minimum requirements to maintain and renew membership with the Organization: Submit the following applicable information:

• Rider Category
• Name
• Address
• Telephone number
• Email address
• Date of birth
• Gender identity

Good Standing

A Member of the Organization will be in good standing provided that the Member:

• Has not ceased to be a Member;
• Has not been suspended or expelled, or had other restrictions or sanctions imposed;
• Has completed and remitted all documents, fees and payments as required by the Organization;
• Has complied with the Bylaws, policies, procedures, rules and regulations of the Organization;
• Is not subject to a disciplinary investigation or action by the Organization or the OCA, or if subject to disciplinary action previously, has fulfilled all terms and conditions of such disciplinary action to the satisfaction of the Board;
• and Has paid all required membership dues or debts to the Organization, if any.

Members who cease to be in good standing may have privileges suspended and will not be entitled to vote at meetings of Members or be entitled to the benefits and privileges of membership until such time as the Board is satisfied that the Member has met the definition of good standing as set out above.

Membership Rights and Privileges

Members in good standing are entitled to:

• Receive communications and access to annual financial reports from the Organization
• Attend the Organization’s Annual and Special Meetings
• Nominate and vote for the Organization’s Directors in accordance with the Organization’s Bylaws
• Call a Special Meeting at any time, upon the written requisition of Members holding not less than ten percent of the total Members’ votes
• Remove a Director by ordinary resolution, provided that the Director has been given proper notice and the opportunity to respond at a meeting duly called for that purpose
• Amend the Bylaws in accordance with the Constitution
• Submit a proposal for consideration at a meeting of the Members in accordance with the Constitution
• Examination of the following documents during the Organization’s usual business hours and make copies free of charge:
  • The report of the public accountant, if any
  • Prescribed comparative financial Reports
  • Any further information respecting the financial position of the Organization
  • A copy or summary of the documents described in subsection (h) twenty-one (21) days prior to the Annual Meeting
• Examination, on payment of any reasonable fee, the following Organization documents:
• The Articles and Bylaws (available on the club website)
• Minutes of Meetings of Members and any committee of Members
• The Resolutions of Members and any committee of Members
• Any debt obligation issued by the Organization
• A register of Directors
• A register of Officers

Withdrawal and Termination of Membership

Membership in the Organization will terminate immediately upon:

• The expiration of the Member’s membership, unless renewed in accordance with this Policy
• Resignation by giving written notice to the Organization in which case the resignation becomes effective on the date specified in the notice. Resignation as a Member does not relieve the Member of its obligation to pay any outstanding dues or fees
• Liquidation or Dissolution of the Organization
• The Member no longer meets the definition of Member as defined in the Organization’s Bylaws
• The Member ceases to be in good standing by virtue of:
  • Failing to pay membership dues, fees or other monies owing to the Organization by the prescribed deadline dates,
  or
  • Having had disciplinary sanctions imposed in accordance with the Organization’s Bylaws and/or policies relating to the discipline of Members or by the OCA
• By Ordinary Resolution of the Board or of the Members at a duly called meeting, provided fifteen (15) days’ notice is given and the Member is provided with reasons and the opportunity to be heard. Notice will set out the reasons for termination of membership and the member receiving the notice will be entitled to submit a written submission opposing the termination.
• The Member’s death

Interpretation

In the event that this Policy conflicts or contradicts the Organization’s Bylaws, the Bylaws shall take precedence.

Privacy Policy

“Organization” refers to:The Hamilton Cycling Club

Background

Different privacy legislation applies to the public sector and to the private sector. Not-for-profit sport organizations in Canada are considered to be part of the private sector. The Personal Information Protection and Electronic Documents Act (PIPEDA) is the federal privacy legislation that applies to all not-for-profit sport organizations in Canada. PIPEDA applies to the Organization’s use of Personal Information for Commercial Activity. This Privacy Policy is based on the standards required by PIPEDA as interpreted by the Organization.

Definitions

The following terms have these meanings in this Policy:

• “Commercial Activity” – any particular transaction, act or conduct that is of a commercial character.
• “Personal Information” – any information about an individual that relates to the person’s personal characteristics including, but not limited to: gender, age, income, home address, home phone number, ethnic background, family status, health history, and health conditions
• “Stakeholder” – Individuals employed by, or engaged in activities on behalf of, the Organization including: coaches, staff members, contract personnel, volunteers, managers, administrators, committee members, and Directors and Officers of the Organization
• “Individual” – All categories of membership defined in the Organization’s Bylaws as well as all individuals employed by, or engaged in activities with, the Organization including, but not limited to, athletes, coaches, convenors, officials, volunteers, managers, administrators, committee members, and Directors and Officers of the Organization

Purpose

The Organization recognizes Individuals’ right to privacy with respect to their Personal Information. This Policy describes the way that the Organization collects, uses, safeguards, discloses, and disposes of Personal Information.

Application of this Policy

This Policy applies to all Stakeholders and Individuals in connection with personal information that is collected, used or disclosed during the Organization’s Commercial Activity and Non-Commercial activity. Except as provided in PIPEDA, the Organization’s Board will have the authority to interpret any provision of this Policy that is contradictory, ambiguous, or unclear.

Obligations

The Organization is obligated to:

• Follow and abide by PIPEDA in all matters involving the collection, use, and disclosure of Personal Information during the Organization’s Commercial Activity;
• and Always disclose what Personal Information is being collected from Individuals and for what purpose the Personal Information is being collected. The Organization will not require the collection of any Personal Information if the purpose for its collection is not identified.

In addition to fulfilling the legal obligations required by PIPEDA, the Organization’s Stakeholders will not:

• Publish, communicate, divulge, or disclose to any unauthorized person, firm, corporation, or third party any Personal Information without the express written consent of the Individual
• Knowingly place themselves in a position where they are under obligation to any organization to disclose Personal Information
• In the performance of their official duties, disclose Personal Information to family members, friends, colleagues, or organizations in which their family members, friends, or colleagues have an interest
• Derive personal benefit from Personal Information that they have acquired during the course of fulfilling their duties with the Organization Accept any gift or favour that could be construed as being given in anticipation of, or in recognition for, the disclosure of Personal Information

Accountability

The Organization’s Membership Secretary is responsible for the implementation of this policy and monitoring information collection and data security, and ensuring that all executives receives appropriate training on privacy issues and their responsibilities. The Organization’s Membership Secretary also handles personal information access requests and complaints. The Organization’s Membership Secretary may be contacted at the following address: 106-298 Carlisle Rd, Carlisle, ON L0R 1H2

Duties

The Privacy Officer will:

• Implement procedures to protect personal information
• Establish procedures to receive and respond to complaints and inquiries
• Record all persons having access to personal information
• Ensure any third party providers abide by this Policy
• Communicate to executive information about the Organization’s privacy policies and practices.

Information Collection Purposes

The Organization may collect Personal Information from Individuals and prospective Individuals for purposes that may include any of the following:

• Non-Commercial Activity

• Communications
• Sending communications in the form of e-news or a newsletter with content related to the Organization’s programs, events, fundraising, activities, discipline, appeals, and other pertinent information
• Publishing articles, media relations and postings on the Organization’s website, displays or posters
• Award nominations, biographies, and media relations
• Communication within and between Stakeholders and Individuals
• Discipline results and long term suspension list
• Checking residency status

Identification

• Informing governing bodies (e.g., Provincial Sport Organizations (PSOs), National Sport Organizations (NSOs)) of Individuals’ registration and/or participation with the Organization
• Informing government funders the number and demographic profile of registered Individuals

Registration, Database Entry and Monitoring

• Registration of programs, events and activities
• Database entry at the Coaching Association of Canada and to determine level of coaching certification, coaching qualifications, and coach selection
• Database entry to determine level of officiating certification and qualifications
• Determination of eligibility, age group and appropriate level of play/competition
• Athlete Registration, outfitting uniforms, and various components of athlete and team selection
• Technical monitoring, officials training, educational purposes, sport promotion, and media publications

General

• Travel arrangement and administration
• Medical emergency, emergency contacts or reports relating to medical or emergency issues
• Determination of membership demographics and program wants and needs
• Managing insurance claims and insurance investigations
• Video recording and photography for personal use, and not commercial gain, by spectators, parents and friends
• Payroll, honorariums, company insurance and health plans
• Any and all complaints and inquiries

Commercial Activity

• Sales, Promotions and Merchandising
• Purchasing equipment, coaching manuals, resources and other products
• Promotion and sale of merchandise
• Video recording and photography for promotional use, marketing and advertising by the Organization

The Organization’s Stakeholders may collect Personal Information from Individuals and prospective Individuals for other purposes, provided that documented consent specifying the use of the Personal Information is obtained from the Individuals or prospective Individuals.

Consent

By providing Personal Information to the Organization, Individuals are implying their consent to the use of that Personal Informationfor the purposes identified in the Information Collection Purposes section of this Policy. At the time of the collection of Personal Information and prior to the use or disclosure of the Personal Information, the Organization will obtain consent from Individuals by lawful means, in a manner similar to the form in Appendix A. The Organization may collect Personal Information without consent when it is reasonable to do so and permitted by law. In determining whether to obtain written or implied consent, the Organization will take into account the sensitivity of the Personal Information, as well the Individuals’ reasonable expectations.

Individuals may consent to the collection and specified use of Personal Information in the following ways:

• Completing and/or signing an application or registration form (see Appendix A)
• Checking a check box, or selecting an option (such as ‘Yes’ or ‘I agree’)
• Providing written consent either physically or electronically
• Consenting orally in person
• Consenting orally over the phone

The Organization will not, as a condition of providing a product or service, require Individuals to consent to the use, collection, or disclosure of Personal Information beyond what is required to fulfill the specified purpose of the product or service. An Individual may withdraw consent orally or in writing, at any time, subject to legal or contractual restrictions. The Organization will inform the Individual of the implications of withdrawing consent. The Organization will not obtain consent from Individuals who are minors, seriously ill, or mentally incapacitated. Consent from these individuals will be obtained from a parent, legal guardian, or a person having power of attorney.

The Organization is not required to obtain consent for the collection of Personal Information, and may use Personal Information without the Individual’s knowledge or consent, only if:

• It is clearly in the Individual’s interests and the opportunity for obtaining consent is not available in a timely way
• Knowledge and consent would compromise the availability or accuracy of the Personal Information and collection is required to investigate a breach of an agreement or a contravention of a federal or provincial law
• An emergency threatens a Individual’s life, health, or security
• The information is publicly available as specified in PIPEDA
• The Organization is also not required to obtain consent for the collection of Personal Information if the information is for journalistic,artistic, or literary purposes.

The Organization may disclose Personal Information without the Individual’s knowledge or consent only:

• To a lawyer representing the Organization
• To collect a debt that the Individual owes to the Organization
• To comply legal proceedings of any sort
• To comply with government regulations
• To an investigative body for purposes related to the investigation of a breach of an agreement or a contravention of a federal or provincial law
• In an emergency threatening an Individual’s life, health, or security (the Organization will inform the Individual of the disclosure)
• To an archival institution 20 years after the individual’s death or 100 years after the record was created
• If it is publicly available as specified in PIPEDA

Accuracy, Retention, and Openness

To minimize the possibility that inappropriate Personal Information may be used to make a decision about a Member, Personal Information will be accurate, complete, and as up-to-date as is necessary for the purposes for which it will be used. Personal Information will be retained as long as reasonably necessary to enable participation in the Organization programs, events, and activities, and in order to maintain historical records as may be required by law or by governing organizations. Personal Information will be protected against loss or theft, unauthorized access, disclosure, copying, use, or modification by security safeguards appropriate to the sensitivity of the Personal Information.

The Organization will make the following information available to Individuals:

• This Privacy Policy
• Any additional documentation that further explains the Organization’s Privacy Policy
• The name or title, and the address, of the person who is accountable for the Organization’s Privacy Policy
• The means of gaining access to Personal Information held by the Organization
• A description of the type of Personal Information held by the Organization, including a general account of its use
• Identification of any third parties to which Personal Information is made available

Access

Upon written request, and with assistance from the Organization after confirming the Individual’s identity, Individuals may be informed of the existence, use, and disclosure of their Personal Information and will be given access to that Personal Information. Individuals are also entitled to be informed of the source of the Personal Information, and provided with an account of third parties to which the Personal Information has been disclosed. Unless there are reasonable grounds to extend the time limit, requested Personal Information will be disclosed to the Individual, at no cost to the Individual, within thirty (30) days of receipt of the written request.

Individuals may be denied access to their Personal Information if the information:

• Is prohibitively costly to provide
• Contains references to other individuals
• Cannot be disclosed for legal, security, or commercial proprietary purposes
• Is subject to solicitor-client privilege or litigation privilege

If the Organization refuses a request for Personal Information, it shall inform the Individual the reasons for the refusal.

Compliance Challenges

Individuals are able to challenge the Organization for its compliance with this Policy. Upon receipt of a complaint, the Organization will:

• Record the date the complaint is received
• Notify the Membership Secretary who will serve in a neutral, unbiased capacity to resolve the complaint;
• Acknowledge receipt of the complaint by way of telephone conversation and clarify the nature of the complaint within seven (7) days of receipt of the complaint
• Appoint an investigator using the Organization’s personnel or an independent investigator, who will have the skills necessary to conduct a fair and impartial investigation and will have unfettered access to all file and personnel
• Upon completion of the investigation and within thirty (30) days of receipt of the complaint, the investigator will submit a written report to the Organization
• Notify the complainant the outcome of the investigation and any relevant steps taken to rectify the complaint, including any amendments to policies and procedures

The Organization will not dismiss, suspend, demote, discipline, harass, or otherwise disadvantage any Organization Individual or Stakeholder who:

• Challenges the Organization for its compliance with this Policy
• Refuses to contravene this Policy or PIPEDA
• Takes precautions not to contravene this Policy or PIPEDA; even though said precautions may be in opposition to the regular duties performed by the Individual

Appendix A – Consent

The Organization will include the following paragraph (or a variation) whenever Personal Information is being collected from Individuals:

I authorize the Organization to collect and use personal information about me for the purposes described in the Organization’s Privacy Policy (need link) In addition to the purposes described in the Organization’s Privacy Policy, I authorize the Organization to: Distribute my information to the Ontario Cycling Association Photograph and/or record my image and/or voice on still or motion picture film and/or audio tape, and to use this material to promote the sport through the media of newsletters, websites, television, film, radio, print and/or display form. I understand that I waive any claim to remuneration for use of audio/visual materials used for these purposes I understand that I may withdraw such consent at any time by contacting the Organization’s Privacy Officer. The Privacy Officer will advise the implications of such withdrawal.