TRIATHLON CANADA Bylaw No. 3
Appeal Procedure
revised November 2010
NOTE the link above is to the current Appeal Procedure on the Triathlon Canada website and shall be considered correct in any discrepancies
1.0 Purpose
1.1. The purpose of this appeal bylaw is to enable disputes with members and participants to be dealt with fairly, expeditiously and affordably, within Triathlon Canada, without recourse to external legal procedures.
2.0 Definitions
2.1. These terms will have these meanings in this bylaw:
(a) Days – will mean total days, irrespective of weekends or holidays;
(b) Appellant – refers to the legal entity or individual appealing a decision. All of the following corporate organizations and individuals are qualified to be an Appellant under this bylaw:
(i) All Members (PSGBs) of Triathlon Canada;
(ii) All individuals who are involved with or engaged in any activities of Triathlon Canada or its agents, including athletes, coaches, officials, volunteers, directors, officers, team managers, team captains, medical personnel, and administrators;
(c) Appeals Officer – refers to the Board Member appointed by the Board of Directors to deal with the appeal procedures as set out in this bylaw;
(d) Respondent – refers to the body whose decision is being appealed. 3.0 Scope of Appeal
3.1. Any Appellant who is affected by a decision of the Board of Directors, of any Committee of the Board of Directors, or of any body or individual who has been delegated authority to make decisions on behalf of the Board of Directors, will have the right to appeal that decision, provided there are sufficient grounds for the appeal as set out in Section 5.1 of this bylaw.
3.2. This bylaw will not apply to decisions relating to:
(a) Matters of employment;
(b) Infractions for doping offences, which are dealt with pursuant to the Canadian Bylaw on Doping in Sport and the Canadian Doping Control Regulations;
(c) The competition rules of Triathlon Canada except as specifically set out in Rule 12;
(d) Discipline matters arising during events sanctioned by entities other than Triathlon Canada, which are dealt with pursuant to the bylaws of these other entities; and
(e) Any decisions made under Sections 4.2 and 6.2 of this bylaw.
4.0 Timing of Appeal
4.1. Members who wish to appeal a decision will have twenty-one (21) days from the date on which they received notice of the decision, to submit in writing notice of the intention to appeal, grounds for the appeal and a summary of the evidence that supports these grounds, to the Executive Director of Triathlon Canada who will then forward them to the Appeals Officer as soon as possible.
4.2. Any party wishing to initiate an appeal beyond the 21-day period must provide a written request stating reasons for an exemption to the requirement of Section 4.1. The decision to allow, or not allow an appeal outside the 21-day period will be at the sole discretion of the Appeals Officer, and may not be appealed.
5.0 Grounds for Appeal
5.1. Not every decision may be appealed. Decisions may only be appealed, and appeals may be heard, on procedural grounds. Procedural grounds are strictly limited to the Respondent:
(a) Making a decision for which it did not have authority or jurisdiction as set out in Triathlon Canada’s governing documents;
(b) Failing to follow procedures as laid out in the approved bylaws of Triathlon Canada; or
(c) Making a decision that was influenced by bias.
6.0 Screening of Appeal
6.1. Within fourteen (14) days of receiving the notice and grounds of an appeal, the Appeals Officer will determine whether there are appropriate grounds for the appeal to proceed as set out in Section 5.1. In the absence of the Appeals Officer, a designate will perform this function.
6.2. If the appeal is denied on the basis of insufficient grounds, the Appellant will be notified of this decision in writing, giving reasons. This decision is at the discretion of the Appeals Officer, or designate, and may only be appealed, pursuant to Section 14.1 below, to the Sport Dispute Resolution Centre of Canada (SDRCC).
7.0 Appeals Panel
7.1. If the Appeals Officer, or designate, is satisfied that there are sufficient grounds for an appeal, within 21 days of having received the original notice of appeal, the Appeals Officer will establish an Appeals Panel (thereafter referred to as the “Panel”) as follows:
(a) The Panel will be comprised of three (3) individuals who will have no significant relationship with the affected parties, will have had no involvement with the decision being appealed, and will be free from any other actual or perceived bias or conflict; and
(b) The Appeals Officer may designate one of the Panel members to serve as Chairperson of the Panel. In the event the Appeals Officer does not designate a Chairperson, the members of the Panel will select from themselves a Chairperson.
8.0 Preliminary Conference
8.1. The Panel may determine that the circumstances of the appeal warrant a preliminary conference. The matters that may be considered at a preliminary conference include:
(a) Format of the appeal (hearing by documentary evidence, oral hearing or a combination of both);
(b) Timelines for exchange of documents;
(c) Clarification of issues in dispute;
(d) Clarification of evidence to be presented to the Panel; order and procedure of hearing;
(e) Location of hearing, where the hearing is an oral hearing;
(f) Identification of witnesses; and
(g) Any other procedural matter that may assist in expediting the appeal proceedings.
8.2. The Panel may delegate to its Chairperson the authority to deal with these preliminary matters on behalf of the Panel.
9.0 Procedure for the Hearing
9.1. Where the Panel has determined that the appeal will be held by way of oral hearing, the Panel will govern the hearing by such procedures as it deems appropriate, provided that:
(a) The hearing will be held within sixty (60) days of the Panel’s appointment;
(b) The Appellant and Respondent will be given ten (10) days written notice of the date, time and place of the hearing;
(c) A quorum will be all three Panel members. Decisions will be by majority vote, where the Chairperson carries a vote;
(d) If the decision of the Panel may affect another party to the extent that the other party would have recourse to an appeal in their own right under this bylaw, that party will become a party to the appeal in question and will be bound by its outcome;
(e) Any of the parties may be accompanied by a representative or advisor, including legal counsel; and
(f) The Panel may direct that any other person participate in the appeal. The Panel may conduct the appeal by means of a telephone conference.
10.0 Procedure for Documentary Appeal
10.1. Where the Panel has determined that the appeal will be held by way of documentary submissions, it will govern the appeal by such procedures as it deems appropriate provided that:
(a) All parties are given a reasonable opportunity to provide written submissions to the Panel, to review written submissions of the other parties, and to provide written rebuttal and argument; and
(b) The applicable principles and timelines set out in Section 9.1 are respected.
11.0 Appeal Decision
11.1. Within fourteen (14) days of concluding the appeal, the Panel will issue its written decision, with reasons. In making its decision, the Panel will have no greater authority than that of the original decision-maker. The Panel may decide:
(a) To reject the appeal and confirm the decision being appealed; or
(b) To uphold the appeal and refer the matter back to the initial decision-maker for a new decision; or
(c) To uphold the appeal and vary the decision but only where it is found that an error occurred and such an error cannot be corrected by the original decision-maker for reason of lack of clear procedure, lack of time, or lack of neutrality;
(d) To determine how costs of the appeal, excluding legal fees and legal disbursements of any of the parties, will be allocated, if at all; and
(e) To return the appeal fee.
11.2. A copy of this decision will be provided to each of the parties and to the Appeals Officer.
11.3. In extraordinary circumstances, the Panel may issue a verbal decision or a summary written decision, with reasons to follow, provided the written decision with reasons is rendered within the timelines specified in Section 11.1.
12.0 Timelines
12.1. If the circumstances of the dispute are such that this bylaw will not allow a timely appeal, or if the circumstances of the disputes are such that the appeal cannot be concluded within the timelines dictated in this bylaw, the Panel may direct that these timelines be revised.
13.0 Location
13.1. The appeal will take place in the location designated by the Appeals Officer, unless the Panel decides the appeal is to be held by way of telephone conference, or unless, at the specific request of a party, a different location is mandated by the Panel as a preliminary matter.
14.0 Final and Binding Decision
14.1. The decision of the Panel will be final and binding on the parties and on all members of Triathlon Canada, subject only to an appeal to the Sport Dispute Resolution Centre of Canada (SDRCC).
a) Not withstanding 14.1 above, for any matters related to the Athlete Assistance Program Nomination or de-carding, all appeals must follow the Policies and Procedures of Sport Canada’s Athlete Assistance Program (AAP) Section 13.1 Sport Canada Appeal.
14.2. The appeal fee as determined from time to time by the Board of Directors of Triathlon Canada shall be paid to Triathlon Canada at the time of filing the notice of appeal.
Adopted: July 1996
Revised: November 2007, November 2010
