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FAQ – Informed Consent Form

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This document provides general information concerning the Informed Consent Form which UCCMS Participants are asked to sign.

General

Is the Informed Consent Form the same for all UCCMS Participants?

The Informed Consent Form is consistent for all UCCMS Participants as to its content, with required changes in the case of minors.

Why is it necessary for Participants to complete a consent form if a Sport Organization has become a signatory of the Abuse-Free Sport program?

The Abuse-Free Sport program was established pursuant to a contractual mandate by the Government of Canada in relation to the implementation of the Universal Code to Prevent and Address Maltreatment in Sport (“UCCMS”). The UCCMS requires both sport organizations and participants to abide by the stated terms. It is therefore necessary for both organizations and individuals to agree to abide by the terms of the UCCMS and the processes which are necessary for its administration and enforcement.

Who is required to sign the Informed Consent Form? What happens if I am asked to sign the Informed Consent Form but choose not to?

All Program Signatories that receive federal funding are required to ensure that participants at the national level confirm their acceptance to be subject to the jurisdiction of the OSIC through the execution of the Informed Consent Form.

The Program Signatory Agreements identify categories of participants ranging from the national level through the grassroots level and can include different types of participants such as the following: athletes, coaches, officials, volunteers, contractors, etc. The categories of participants to be considered “UCCMS Participants” are included in the Program Signatory Agreement for each Program Signatory.

An individual who does not sign the Informed Consent Form will not be considered a “UCCMS Participant” and will not be subject to the terms of the UCCMS or the processes required for its administration or enforcement. However, an individual's capacity to participate in the Program Signatory's activities will be impacted as their consent to the above is a necessary condition of their continued participation and involvement with that Program Signatory.

Are individuals who are affiliated with multiple Program Signatories required to sign the Informed Consent Form multiple times (for each Program Signatory)?

Yes, each Program Signatory is contractually required to collect the consent of participants under their authority. Although the Informed Consent Form is consistent for all UCCMS Participants, it is important to agree to the internal processes of each Program Signatory so that each Program Signatory can carry out their duties and obligations under their respective agreements.

How will the OSIC determine the jurisdiction of a Complaint if a Participant is affiliated with multiple Program Signatories?

The OSIC will assess jurisdiction depending on the nature of the complaint and in a manner to give effect to the mandate of the OSIC.

Registry

Who maintains the Registry and who has access to the Registry?

OSIC maintains the Registry in accordance with its mandate regarding the administration of the UCCMS.

Currently, the OSIC Registry is restricted and may be accessed by designated representatives of Program Signatories. Consistent with the purpose and objectives of the UCCMS, an analysis is currently under way to establish the conditions where the OSIC Registry could be searchable publicly, in compliance with applicable privacy and other laws.

Does information published to the Registry relate to sanctions, to allegations, or to both?

The Registry is a registry of sanctions and provisional measures (as contemplated under section 7 of the UCCMS). Accordingly, if there are no sanctions or provisional measures imposed on a UCCMS Participant, no information regarding that UCCMS Participant will be published to the Registry.

Will information concerning Provisional Measures be published on the Registry, and if so, will this information be removed if a complaint is withdrawn or dismissed?

Imposed provisional measures will be reflected in the Registry to ensure their effective implementation. In that case, a general mention of the category (i.e., allegations of prohibited behaviour) and corresponding action taken (i.e., provisional measures) could be inserted, but no actual allegations would be published until a finding of violation has been reached (i.e., in accordance with the OSIC Guidelines Regarding Provisional Measures). We refer you to Section 9 of the Consent Form in connection with this point.

Provisional measures are interim measures which are in place until the final resolution of a Complaint. Information concerning Provisional Measures will be removed from the Registry once the Provisional Measures are no longer in effect.

Will the OSIC publish information to the Registry if the OSIC does not have jurisdiction to administer the Complaint?

If the OSIC determines that it does not have jurisdiction to administer a Complaint, no information concerning that Complaint or individuals involved will be published to the Registry.

Is information published to the Registry permanent or can it be removed?

Information may be removed from the Registry if its publication is not necessary to achieve the objectives of the UCCMS, the Legislation, and the mandate of the SDRCC.

Other

How long is a UCCMS Participant subject to the jurisdiction of the OSIC? If the time limit to initiate a civil or criminal claim has passed, can a complaint or report still be made to the OSIC?

In accordance with Section 3 of the Informed Consent Form, UCCMS Participants are subject to the jurisdiction of the OSIC “during the period that [they are] employed or contracted by, or otherwise associated with, the Organization, and for such longer period as required for purposes of administration and enforcement of the UCCMS.” The OSIC’s administration of complaints is carried out further to the contractual agreement of the Participant with the SDRCC. As such, any time limit to initiate a civil or criminal claim does not impact the OSIC’s ability to administer a complaint.

What is the difference between being “subject to the terms of the UCCMS” (Section 1 of the Informed Consent Form) and being “subject to the jurisdiction of the Organization, the SDRCC and their respective agents in the administration and/or enforcement of the UCCMS” (Section 3 of the Informed Consent Form)?

Article 1 refers to being “subject to the terms of the UCCMS”. Article 3 refers to being “subject to the jurisdiction of the Organization, the SDRCC and their respective agents in the administration and enforcement of the UCCMS”.

Accordingly, an individual is only bound to adhere to the terms of the UCCMS for the duration of their employment or association with an Adopting Organization (Article 1). However, that individual is subject to the jurisdiction of the Organization and the SDRCC to enforce the UCCMS for “such longer period as required for purposes of administration and enforcement of the UCCMS” (Article 3).

The functional effect of this distinction is that an individual who is no longer associated with a Program Signatory is still subject to the Organization’s and the OSIC’s processes and can be investigated for alleged breaches of the UCCMS having occurred during the period that they were associated with the Organization (i.e., while still being subject to the terms of the UCCMS).

What does the “collection”, “use” and “disclosure” of personal information, as referenced throughout the Informed Consent Form, refer to?

The collection of information refers to the collection of personal information by the Program Signatory relating to the individual participant.

The use of information refers to the use of personal information by the Program Signatory and by OSIC for purposes of administering and enforcing the UCCMS and for purposes of carrying out the mandate of the OSIC.

The disclosure of information refers to the disclosure of personal information relating to the participant to third parties as is necessary for purposes of administering and enforcing the UCCMS and for purposes of carrying out the mandate of the OSIC, including investigating and adjudicating complaints, and administering the Registry.

Which rules govern this disclosure process and what safeguards are in place to ensure the responsible use of personal information?

Disclosure of personal information to third parties is governed by applicable policies, including, without limitation, the Protection of Privacy Policy of the SDRCC, the OSIC Confidentiality Policy, the OSIC Policy Regarding Treatment of Information Related to Alleged Prohibited Behaviour(s), the OSIC Guidelines Regarding Initial Review and Preliminary Assessment of Complaints, and the OSIC Guidelines Regarding Investigation of Complaints, all of which may be consulted here.

Individuals involved in the investigative process are bound by their professional obligations and a Declaration of Confidentiality, wherein they agree to abide by rules including without limitation, those set out in the Protection of Privacy Policy of the SDRCC, the Code of Conduct for Members of the OSIC Investigation Unit and Sport Environment Assessment Unit, all of which may be consulted here.

As set out in their Declaration of Confidentiality, these individuals undertake to not disclose any personal, sensitive, or confidential information or documentation that comes into their possession by reason of being involved with the OSIC.

Why are UCCMS Participants unable to withdraw their consent to the collection, use and disclosure of personal information (Section 10 of the Informed Consent Form)?

The Guidelines for Obtaining Meaningful Consent issued by the Office of the Privacy Commissioner of Canada states that individuals have the right to withdraw consent, subject to legal or contractual restrictions. In the circumstances, there is a legitimate purpose for contractually limiting the ability of individuals to withdraw consent.

Are investigators or other professionals involved in the OSIC Complaint Management process required to sign the Informed Consent Form? If not, how is investigator conduct regulated and is it possible to make a complaint against these individuals?

Professionals performing aspects of the OSIC Complaint Management process (e.g., investigators, mediators, arbitrators) are not UCCMS Participants. They are independent service providers

That said, their professional conduct with OSIC/Abuse-Free Sport is governed by the terms of their service agreement and respective Code of Conduct under the applicable rosters. For example, the Code of Conduct applicable to members of the OSIC Investigation Unit and Sport Environment Assessment Unit can be found here. A complaint may be lodged against those professionals in case of alleged breach. In addition to this Code of Conduct,

OSIC also requires compliance with the UCCMS under its service agreement with all members as a condition of their continuous membership on the OSIC Investigation Unit and Sport Environment Assessment Unit.

What is the role of the Program Signatory insofar as it concerns the “collection, use, and disclosure” of personal information?

The Program Signatory will not process or adjudicate any UCCMS Complaints submitted to the OSIC. Instead, they are required to refer all applicable UCCMS-related matters concerning UCCMS Participants to the OSIC so that they may be administered by the OSIC and addressed in accordance with the OSIC Complaint Management Process.

The provision cited above exists because Program Signatories (NSOs) have an obligation under the Service Agreement with the SDRCC to provide required information regarding its members (including names, contact information, potential witnesses, etc.) to the OSIC for the purpose of addressing a Complaint/conducting Preliminary Assessments/Investigations.

The Program Signatory’s involvement in the process consists of collecting these consent forms and other basic information so that the information contained therein can be relayed as part of the Complaint Management Process.

For reference, the OSIC’s involvement in the Complaint Management process is more fully set out in the OSIC Guidelines Regarding Initial Review and Preliminary Assessment of Complaints and the OSIC Guidelines Regarding Investigation of Complaints, both of which may be consulted here.

How do the UCCMS and Informed Consent Form interact with the Criminal Code, civil obligations and other legal obligations?

The UCCMS and the Informed Consent Form provide for separate administrative and contractual obligations and procedures, which co-exist with the Criminal Code, civil obligations and/or other legal obligations (professional or otherwise) that may apply to relevant UCCMS Participants. The UCCMS and Annotated Version of the UCCMS contain references indicating that in applicable circumstances, these distinct obligations may be considered in assessing how the UCCMS ought to be applied.

Are there other documents that might be useful for me to consult to learn more about the Informed Consent Form, the Program Signatory Agreement and the OSIC’s Policies and Procedures?

Yes. Please see the list of resources below: