Conflict of Interest Policy
Definitions
1. The following terms have these meanings in this Policy:
a. “Act” – Corporations Act of Ontario, R.S.O. 1990, Chapter C.38
b. “Conflict of Interest” – A real or seeming incompatibility between
one’s private interests and one’s public or fiduciary duties.
c. “Pecuniary Interest” - An interest that an individual may have in
a matter because of the reasonable likelihood or expectation of financial
gain or loss for that individual, or another person with whom that individual
is associated.
d. “Non-Pecuniary Interest” - Family relationships, friendships, volunteer
positions in associations or other interests that do not involve the potential
for financial gain or loss.
e. “Perceived Conflict of Interest” – A perception by an informed person
that a conflict of interest exists or may exist.
f. “CUSSL/LUCNS” – Canadian University Synchro Swim League/Ligue Universitaire
Canadienne de Nage Synchronisée.
g. “CUSSL/LUCNS Representative” - Any director, officer, committee
member, employee, contractor, volunteer, coach, official, referee, manager,
parent and member within CUSSL/LUCNS.
Purpose
2. The purpose of this Policy is to describe how CUSSL/LUCNS Representatives
will conduct themselves in matters relating to real or perceived conflicts
of interest, and to clarify how CUSSL/LUCNS will make decisions in situations
where conflicts of interest may exist.
Application
3. This Policy applies to all CUSSL/LUCNS Representatives.
Statutory Obligations
4. CUSSL/LUCNS is incorporated and governed under the Act in matters
involving a real or perceived conflict between the personal interests of
CUSSL/LUCNS Representatives and the broader interests of the CUSSL/LUCNS.
5. Under the Act, any real or perceived conflict, whether pecuniary
or non-pecuniary, between a CUSSL/LUCNS Representatives’ interest and the
interests of CUSSL/LUCNS, must at all times be resolved in favor of CUSSL/LUCNS.
Additional Obligations
6. In addition to fulfilling all requirements of the Act, CUSSL/LUCNS
Representatives will also fulfill the additional requirements of this Conflict
of Interest Policy as follows, CUSSL/LUCNS Representatives will not:
a. Engage in any business or transaction, or have a financial or other
personal interest that is incompatible with their official duties with
CUSSL/LUCNS, unless such business, transaction or other interest is properly
disclosed to CUSSL/LUCNS:
b. Knowingly place themselves in a position where they are under obligation
to any person who might benefit from special consideration, or who might
seek, in any way, preferential treatment;
c. In the performance of their official duties, accord preferential
treatment to family members, friends or colleagues, or to organizations
in which their family members, friends or colleagues have an interest,
financial or otherwise;
d. Derive personal benefit from information that they have acquired
during the course of fulfilling their official duties with CUSSL/LUCNS,
where such information is confidential or is not generally available to
the public;
e. Use CUSSL/LUCNS property, equipment, supplies or services for activities
not associated with the performance of official duties with CUSSL/LUCNS
without the permission of CUSSL/LUCNS;
f. Place themselves in positions where they could, by virtue of being
a CUSSL/LUCNS Representative, influence decisions or contracts from which
they could derive any direct or indirect benefit or interest; or
g. Accept any gift or favor that could be construed as being given
in anticipation of, or in recognition for, any special consideration granted
by virtue of being a CUSSL/LUCNS Representative.
Disclosure of Conflict of Interest
7. A CUSSL/LUCNS Representative will disclose a conflict of interest
to the CUSSL/LUCNS Board of Directors immediately upon becoming aware that
there exist real or perceived conflicts of interest.
8. Any person who is of the view that a Representative of CUSSL/LUCNS
may be in a position of conflict of interest may report this matter in
writing to the CUSSL/LUCNS Board of Directors.
Resolving Conflicts in Decision-making
9. Decisions or transactions that involve a real or perceived conflict
of interest that have been disclosed by a CUSSL/LUCNS Representative will
be considered and decided upon by CUSSL/LUCNS Board of Directors provided
that:
a. The nature and extent of the CUSSL/LUCNS Representative’s interest
has been fully disclosed to the body that is considering or making the
decision, and this disclosure is recorded in the minutes;
b. The CUSSL/LUCNS Representative does not participate in discussion
on the matter giving rise to the conflict of interest;
c. The CUSSL/LUCNS Representative abstains from voting on the proposed
decision or transaction;
d. The CUSSL/LUCNS Representative is not included in the determination
of quorum for the proposed decision or transaction; and
e. The decision or transaction is in the best interests of the CUSSL/LUCNS.
Conflicts Involving Employees
10. CUSSL/LUCNS will restrict employees from being affiliated with
any CUSSL/LUCNS member during the term of their employment unless consented
to by CUSSL/LUCNS. Any determination as to whether there is a conflict
of interest will rest solely with CUSSL/LUCNS, and where a conflict of
interest is deemed to exist, the employee will resolve the conflict by
ceasing the activity giving rise to the conflict
11. CUSSL/LUCNS will not restrict employees from accepting other employment,
contracts or volunteer appointments during the term of their employment
with CUSSL/LUCNS, provided that the employment, contract or volunteer appointment
does not diminish the employee’s ability to perform the work contemplated
in their employment agreement with CUSSL/LUCNS or is in conflict with section
10. Any determination as to whether there is a conflict of interest will
rest solely with CUSSL/LUCNS, and where a conflict of interest is deemed
to exist, the employee will resolve the conflict by ceasing the activity
giving rise to the conflict.
Enforcement
12. Failure to adhere to this Policy may give rise to discipline in
accordance with CUSSL/LUCNS’s Discipline and Complaints Policy.