CCES Releases Draft Canadian Safe Sport Program Rules for Feedback

By: Brittany Bates , Frank Cesario , Kayley C. Leon

This fifth installment of the Safe Sport series addresses a first draft of the Canadian Safe Sport Program Rules (CSSP) which has been published for consultation and feedback. This is an important document for the future of safe sport in Canada. As the Canadian Centre for Ethics in Sport (CCES) begins its transition to administer the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (UCCMS), the CSSP is the first document which sets out the procedure to support this mandate.

Currently, the Office of the Sport Integrity Commissioner (OSIC) is the independent third-party body responsible for administering the UCCMS. The OSIC is an independent division of the Sport Dispute Resolution Centre of Canada (SDRCC). On May 2, 2024, the Minister of Sport and Physical Activity announced that the administration of the UCCMS would transition from the SDRCC to the CCES as of April 1, 2025.

The CCES has now released the first draft of its CSSP for consultation and feedback. The CSSP sets out how the CCES will independently administer the UCCMS beginning next year.

The CSSP is to be accepted and adopted by sport organizations through a formal contract as part of their internal governing documents. Failure to comply in all respects with the contract may result in the sport organization being deemed non-compliant, and consequently non-compliant with the requirements for continued funding by Sport Canada.

The CSSP note that the Canadian Safe Sport Program is committed to the goal of “advancing a respectful sport culture that delivers quality, inclusive, accessible, welcoming and safe sport experiences.” The purpose of the CSSP is (1) to address the adoption of the CSSP by sport organizations and (2) to set out the process by which reports of prohibited behaviour in sport will be administered and enforced by the CCES.

The “general principles” in the CSSP include the statement that the CCES “is committed to administering the CSSP in a manner that…. recognizes the importance of proportionality, efficiency and timeliness in responding to, and determining, Reports of Prohibited Behaviour.” The CSSP also note that reports of prohibited behaviour “are often time sensitive, with delay having potential negative implications.” This may provide important context and insight into the CSSP and how, procedurally, the new rules and UCCMS will be eventually enforced and applied by the CCES going forward.

Relationship Between UCCMS and CSSP

The CSSP is not intended to replace the UCCMS. The CSSP confirm that the UCCMS and CSSP are equally authoritative and are intended to be read harmoniously.

The UCCMS will be incorporated by reference into the CSSP. Consequently, any amendments to the UCCMS would apply automatically and come into effect immediately upon adoption.

Upcoming Rules

The CSSP contains 23 sections which include information concerning, amongst other things:

• to whom the new rules apply
• information regarding an organization’s adoption of the CSSP
• information regarding reporting (who can submit a report, the format, how a report is processed, timelines, when/how the CCES will determine whether it has jurisdiction over a report)
• information regarding the investigation process and the determination of a breach
• coordination with law enforcement
• privacy and confidentiality measures
• information concerning provisional measures
• methods of resolution (i.e., letters of concern, remedial resolution, mediation, formal resolution)
• a review of a CCES decision by the Safeguarding Tribunal, and methods of appeal
• when the CCES may require information about one’s prior history
• information concerning the public registry
• investigation and sanctions for breaches of the CSSP
• the enforcement of sanctions
• available supports

Individuals subject to the CSSP will also be required to complete annual online education training.

Key Takeaways

It is important to note that the current version of the CSSP is in draft form and the CCES is currently seeking feedback as part of this process until November 22, 2024.

Should they be accepted, the CSSP formal contract will integrate the CSSP into the rules of each adopting sport organization and render the CSSP binding on, at minimum, the participants (as defined in the CSSP). The rules of procedure would apply to all reports of prohibited behaviour under the CSSP, regardless of whether they occurred prior to the coming into effect of the CSSP.

The final version of the CSSP is scheduled to be published in December 2024, with the adoption process to begin from January to March 2025.

Until March 31, 2025, maltreatment reports will continue to be directed to the SDRCC.

For any questions about the draft CSSP or the feedback process, please contact?Brittany Bates ?at 416.864.7508,?Frank Cesario ?at 416.864.7355 or?Kayley C. Leon ?at 416.864.7028.

The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Hicks Morley Hamilton Stewart Storie LLP and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Hicks Morley Hamilton Stewart Storie LLP. ?

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