BY-LAWS, POLICIES AND PROCEDURES MANUAL
PART 2 - POLICIES OF THE CORPORATION
INTRODUCTION
The By-laws, Policy and Procedures Manual is intended as a resource for members of the Air Cadet League of Canada (Manitoba) Incorporated to facilitate their assignments in support of Corporation projects and programs.
Users may navigate through Part 2 of this document by selecting the relevant Article in the Table of Contents; they can return to the Table of Contents by selecting any TOC button Table of Contents 1 on the right of the document.
Suggestions for modifications or additions should be forwarded to the Secretary of the Board of Directors.
October 2014
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PART 2 - POLICIES OF THE CORPORATION

SECTION 1 - Conflict of Interest Policy
201. PURPOSE

1. The purpose of this policy is to describe how members of the ACL (MB) Inc. will conduct themselves in matters relating to conflicts of interest, and to clarify how ACL (MB) Inc. will make decisions in situations where conflicts of interest may exist.

Article I. Definition of Conflict of Interest

Conflicts of interest include both pecuniary and non-pecuniary interests. A pecuniary interest is 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 whom that individual is associated. A non-pecuniary interest may include family relationships, friendships, volunteer positions in associations or other interests that do not involve the potential for financial gain or loss.

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202. Application

This policy applies to directors, officers, employees, contractors, committee members, volunteers and other decision-makers within ACL (MB) Inc. (hereafter referred to as "Representatives" of ACL (MB)Inc.).

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203. Statutory Obligations

1. ACL (MB) Inc. is incorporated under the Manitoba Corporations Act and is governed by the Act in matters involving a real or perceived conflict between the personal interests of a director or officer (or other individual involved in decision-making or decision-influencing roles) and the broader interests of the corporation.

2. Under the Act, any real or perceived conflict, whether pecuniary or non-pecuniary, between a director's or officer's interest and the interests of ACL (MB) Inc. must at all times be resolved in favour of ACL (MB) Inc.

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204. Additional Obligations

1. In addition to fulfilling all requirements of the Act, ACL (MB) Inc. and its Representatives will also fulfill the additional requirements of this policy. Representatives of ACL (MB) Inc. will not:

  1. Engage in any business or transaction, or have a financial or other personal interest that is incompatible with their official duties with ACL (MB) Inc., unless such business, transaction or other interest is properly disclosed in accordance with this policy;
  2. 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;
  3. 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;
  4. Derive personal benefit from information that they have acquired during the course of fulfilling their official duties with ACL (MB) Inc., where such information is confidential or is not generally available to the public;
  5. Engage in any outside work, activity or business or professional undertaking that conflicts or appears to conflict with their official duties as a representative of ACL (MB) Inc., or in which they have an advantage or appear to have an advantage on the basis of their association with ACL (MB) Inc.;
  6. Use ACL (MB) Inc. property, equipment, supplies or services for activities not associated with the performance of official duties with ACL (MB) Inc.;
  7. Place themselves in positions where they could, by virtue of being a Representative of ACL (MB) Inc., influence decisions or contracts from which they could derive any direct or indirect benefit or interest;
  8. Accept any gift or favour that could be construed as being given in anticipation of, or in recognition for, any special consideration granted by virtue of being a Representative of ACL (MB) Inc.
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205. Disclosure of Conflict of Interest

1. On an annual basis, all directors, officers, employees and committee members will complete a written statement disclosing any real or perceived conflicts that they might have.

2. At any time that a Representative of ACL (MB) Inc. becomes aware that there may exist a real or perceived conflict of interest, they shall disclose this conflict to the Board of Directors immediately.

3. Any person who is of the view that a representative of ACL (MB) Inc. may be in a position of conflict of interest may report this matter to the Board.

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206. Resolving Conflicts in Decision-making

1. Decisions or transactions that involve a real or perceived conflict of interest that has been disclosed by a Representative of ACL (MB) Inc. may be considered and decided upon by ACL (MB) Inc. provided that:

  1. The nature and extent of the 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;
  2. The Representative does not participate in discussion on the matter giving rise to the conflict of interest, unless the body considering the matter votes to allow such participation;
  3. The Representative abstains from voting on the proposed decision or transaction;
  4. The Representative is not included in the determination of quorum for the proposed decision or transaction; and
  5. The decision or transaction is in the best interests of the corporation.
Article II. Conflicts Involving Employees

ACL (MB) Inc. will not restrict employees from accepting other employment, contracts or volunteer appointments during their term of their employment with ACL (MB) Inc., 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 ACL (MB) Inc. Any determination as to whether there is a conflict of interest will rest solely with ACL (MB) Inc., 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.

207. Enforcement

1. Failure to adhere to this policy may give rise to discipline in accordance with ACL (MB) Inc.'s Code of Conduct and Discipline policy.

208. Review and Approval

1. This policy was approved by the Board of Directors on August 18, 2003, and will be reviewed by the Executive Committee on an annual basis.


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SECTION 2 - Supporter Recognition
220. General

1. From time to time supporters of the Air Cadet Program provide generous donations for equipment or activities. Their contributions are deserving of recognition and this section provides the guidelines for such acknowledgment.

2. The ACL (MB) Inc. has a number of gliders, tow aircraft and vehicles that may be labelled with words or logos. Should a donor contribute a sum of $1000.00 or more to the purchase of this type of equipment their logo or name will be placed upon that piece of equipment for one year; if the donation is $5000.00 or more the logo will be permanent. A yearly sponsorship of five years or more will become permanent after the fifth year donation.

3. Alternatively, a sponsor's logo may be placed on our stationary and newsletter for one year for a donation of $500.00.


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SECTION 3 - Privacy Policy
230. General

1. We comply fully with Federal and Provincial laws regarding the privacy of personal information and maintain strict confidentiality with regard to the storage and non disclosure of related records;

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SECTION 4 - Harassment and Abuse Prevention
GENERAL
240. General

1. CF policy on emotional, physical or sexual abuse within the Canadian Cadet Organization is detailed in CATO 13-24. This order applies to Cadets, Officers of the Cadet Instructor Cadre and Civilian Instructors. Members of the Regular Force and Primary Reserve are subject to related regulations in Canadian Forces Administrative Orders. The Air Cadet League supports the CF policy, will assist in its implementation where appropriate, and will work to reduce abuse within the Air Cadet Movement.

Air Cadet League Members at all levels and associated civilian volunteers who become aware of an abuse situation involving a Cadet should report it to that Cadet's Commanding Officer or equivalent authority

Read More: CATO 13-23 Drugs and Alcohol
CATO 13-24 Cadet Harassment and Abuse Prevention Program (CHAP) (FEB 2001)

Go To: www.cadets.ca/support/cato-oaic/admin3.aspx#CATO%2013-23

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241. Protection of Youth

1. The ACL (MB) is part of the youth mentoring community in our country that is committed to seeking better ways to keep our youth safe.

2. It is the policy of the ACL (MB) that there shall be no abuse and neglect, whether physical, emotional or sexual of any participant in any of its programs. The ACL (MB) expects every member organization and its volunteers to take all reasonable steps to safeguard the welfare of its participants and protect them from any form of maltreatment.

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246. Child in Need of Protection

1. The ACL (MB) realizes that persons working closely with children and youth have a special awareness of abusive situations. Therefore, we have a responsibility to ensure the safety of Manitoba's young, by knowing relevant provincial protection acts and following through as required.

2. Manitoba has mandatory reporting laws regarding the abuse and neglect of children and youth (Annex B). Consequently, it is the policy of the ACL (MB) that any ACL (MB) personnel (part-time and full-time staff, volunteer, participant, ACL (MB) partner, parent or guardian) who, has reasonable grounds to suspect that a participant is or may be suffering or may have suffered from emotional, physical abuse and neglect and/or sexual abuse shall immediately report the suspicion and the information on which it is based to the local child protection agency. In Manitoba a child is considered anyone under the age of 18.

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247. Responsibility

1. Those involved with the ACL (MB) in providing learning and recreational opportunities for participants understand and agree that abuse or neglect, as defined in Annex A, may be the subject of a criminal investigation and/or disciplinary procedures. Failure to report an offence and thereby, failure to provide safety for participants may render the adult who keeps silent legally liable for conviction under the provincial child protection acts.

2. By educating our provincial body, members and associated organization's personnel, the ACL (MB) is weaving a tighter safety web around our most prized resources... the participants.


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SECTION 5 - Guiding Principles For Squadron Sponsoring Committees
GENERAL
250. Responsibility

1. Sponsors of Manitoba's air cadet squadrons are either:

  1. incorporated organizations, such as, businesses or service clubs; or
  2. dedicated-groups, such as, associations formed to sponsor a specific squadron.

2. The federally or provincially incorporated organizations operate under the respective legislation overseeing their corporation. The dedicated-groups that are not incorporated may or may not have the guidance of by-laws or constitutions to provide similar governance. Therefore, squadron sponsoring committees, as well, may not have the benefit of appropriate governance of their operations.

3. Accordingly, the squadron sponsoring committees of Manitoba air cadet squadrons that function under an incorporated or unincorporated sponsor must develop their own by-laws or constitutions that provide governance of their operations. Such by-laws or constitutions must follow the Policies and Procedures of the Air Cadet League of Canada to ensure that National direction and Provincial legislation are being followed.

4. These by-laws or constitutions will be validated by the Manitoba Provincial Committee. Respective squadron sponsoring committees are then required to operate in accordance with the approved principles. Modifications to approved by-laws or constitutions will also require Provincial Committee approval. At minimum by-laws or constitutions will include;

  1. Executive Committee Officers, to include a Chair, a Vice&345;chair, a Secretary, a Treasurer and a Member-at-large;
  2. Eligible member qualifications;
  3. Requirement for elections, usually annually;
  4. Requirement of Notices of Meetings;
  5. Voting and procedural guidelines;
  6. Financial Guidelines; and
  7. Minutes of Meetings distribution.

5. Oversight of all squadron sponsor committees is the responsibility of the Provincial Committee in accordance with National Policies and Procedures and when guidance is required such counsel should be sought from the Provincial Committee Executive.


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ANNEX A

BY-LAWS, POLICIES & PROCEDURES MANUAL
PART 2 - Section 4
HARASSMENT AND ABUSE - DEFINITIONS & TERMS
1. CHILD ABUSE

Child abuse is any form of physical, emotional and/or sexual mistreatment or lack of care that causes physical injury or emotional damage to a child. A common characteristic of all forms of abuse against children and youth is an abuse of power or authority and/or breach of trust. In Manitoba a child is considered any person under the age of 18.

2. EMOTIONAL ABUSE

Emotional abuse is a chronic attack on a child's self-esteem; it is psychologically destructive behaviour by a person in a position of power, authority or trust. It can take the form of name-calling, threatening, ridiculing, berating, intimidating, isolating, hazing or ignoring the child's needs.

3. PHYSICAL ABUSE

Physical abuse is when a person in a position of power or trust purposefully injures or threatens to injure a child or youth. This may take the form of slapping, hitting, shaking, kicking, pulling hair or ears, throwing, shoving, grabbing, hazing or excessive exercise as a form of punishment.

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4. NEGLECT

Neglect is chronic inattention to the basic necessities of life such as clothing, shelter, nutritious diets, education, good hygiene, supervision, medical and dental care, adequate rest, safe environment, moral guidance and discipline, exercise and fresh air. This may occur when injuries are not adequately treated or participants are made to play with injuries, weight loss or gain is required to "make weight", equipment is inadequate or unsafe; no one intervenes when peers are persistently harassing another participant, or road trips are not properly supervised.

5. SEXUAL ABUSE

Sexual abuse is when an older child, adolescent or adult for his or her own sexual stimulation or gratification, uses a young person. There are two categories:

Contact Non-contact
touched or fondled in sexual areas obscene remarks on phone/computer or in notes
forced to touch another person's sexual areas voyeurism
kissed or held in a sexual manner shown pornography
forced to perform oral sex forced to watch sexual acts
vaginal or anal intercourse sexually intrusive questions and comments
vaginal or anal penetration with an object or finger forced to pose for sexual photographs or videos
sexually oriented hazing forced to self-masturbate or forced to watch others masturbate
6. HARASSMENT

Harassment is defined as conduct, gestures or comments directed toward an individual or group of individuals which are insulting, intimidating, humiliating, hurtful, malicious, degrading or otherwise offensive to an individual or group of individuals, and which create a hostile or intimidating environment for work or sports activities, or which negatively affect performance or work conditions.

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7. FORMS OF HARASSMENT

Any of the different forms of harassment may be based on the grounds prohibited in human rights legislation, such as race, ethnicity, sex, sexual orientation and religion.

8. HARASSMENT OCCURRENCE

Harassment may occur between peers (e.g.: cadet to cadet of the same age group, parent to officer, member to member) or between someone in a position of power or authority and an adult in a subordinate position (e.g.: administrator to employee).

9. TYPES OF HARASSMENT

The following is a non-exhaustive list of examples of harassment:

  1. Unwelcome jokes, innuendo or teasing about a person's body, looks, race, sexual orientation etc.;
  2. Condescending, patronizing, threatening or punishing actions which undermine self-esteem;
  3. Practical jokes which cause awkwardness or embarrassment, or may endanger a person's safety;
  4. Any form of hazing;
  5. Unwanted or unnecessary physical contact including touching, patting, pinching;
  6. Unwanted conduct, comments, gestures or invitations of a sexual nature which are likely to cause offence or humiliation, or which might on reasonable grounds be perceived as placing a condition of a sexual nature on employment or on any opportunity for training or advancement;
  7. Leering, ogling or other suggestive or obscene gestures;
  8. Physical or sexual assault;
  9. Behaviours such as those described above that are not directed towards individuals or groups but have the same effect of creating a negative or hostile environment;
  10. Retaliation or threats of retaliation against an individual who reports harassment; or
  11. Condescending, paternalistic or patronizing behaviour which is intended to undermine self-esteem, diminish performance or adversely affect working conditions.
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10. SEXUAL HARASSMENT

For the purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favours or other verbal or physical conduct of a sexual nature when:

  1. Submitting to or rejecting this conduct is used as the basis for making decisions which affect the individual; or
  2. Such conduct has the purpose or effect of interfering with an individual's performance; or
  3. Such conduct creates an intimidating, hostile or offensive environment.

It is important to note that the behaviours described above, when directed towards a child or youth, constitute abuse under child protection legislation. This may also be true of other behaviours, for example, certain hazing practices. In such cases, the duty to report provisions of the Prevention of Abuse Policy comes into effect.

11. HARASSMENT AND ABUSE - DIFFERENCES AND SIMILARITIES
ABUSE HARASSMENT
Victim Any person under age of majority as determined by Provincial and Territorial Child Protection Acts; may be male or female. Person of any age; may be male or female.
Offender Any person who has power or authority over victim and/or breeches trust; may be male or female. May be peer or person with power or authority over adult victim; may be male or female.
Investigation External to organization; referred to child welfare or police. Most often internal unless referred to police in cases of suspected physical or sexual assault or criminal harassment (stalking).
Follow-up actions Determined by Provincial and Territorial Child Protection Acts and Criminal Code; civil suits may also occur. Determined by organization's harassment policies, Criminal Code, labour tribunals, civil action and/or Provincial Human Rights Tribunals; may be used concurrently or alone.
Philosophy The victim is not to blame; offenders are responsible for their behaviour. The victim is not to blame; offenders are responsible for their behaviour

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ANNEX B

BY-LAWS, POLICIES & PROCEDURES MANUAL
PART 2 - Section 4
PART III CHILD PROTECTION
Child in need of protection

17 (1) For purposes of this Act, a child is in need of protection where the life, health or emotional well-being of the child is endangered by the act or omission of a person.

Illustrations of child in need

17 (2) Without restricting the generality of subsection (1), a child is in need of protection where the child

  1. is without adequate care, supervision or control;
  2. is in the care, custody, control or charge of a person
    1. who is unable or unwilling to provide adequate care, supervision or control of the child, or
    2. whose conduct endangers or might endanger the life, health or emotional well-being of the child, or
    3. who neglects or refuses to provide or obtain proper medical or other remedial care or treatment necessary for the health or well-being of the child or who refuses to permit such care or treatment to be provided to the child when the care or treatment is recommended by a duly qualified medical practitioner;
  3. is abused or is in danger of being abused;
  4. is beyond the control of a person who has the care, custody, control or charge of the child;
  5. is likely to suffer harm or injury due to the behaviour, condition, domestic environment or associations of the child or of a person having care, custody, control or charge of the child;
  6. is subjected to aggression or sexual harassment that endangers the life, health or emotional well-being of the child;
  7. being under the age of 12 years, is left unattended and without reasonable provision being made for the supervision and safety of the child; or
  8. is the subject, or is about to become the subject, of an unlawful adoption under The Adoption Act or of a sale under section 84.

S.M. 1986-87, c. 19, s. 8; S.M. 1989-90, c. 3, s. 3; S.M. 1997, c. 47, s. 131.

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Reporting a child in need of protection

18 (1) Subject to subsection (1.1), where a person has information that leads the person reasonably to believe that a child is or might be in need of protection as provided in section 17, the person shall forthwith report the information to an agency or to a parent or guardian of the child.

"agency"

means a child and family services agency that is

  1. a corporation without share capital mandated under subsection 6.1(1),
  2. continued under section 6.2,
  3. a regional office, or
  4. Jewish Child and Family Service; (" office ")
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Reporting to agency only

18 (1.1) Where a person under subsection (1)

  1. does not know the identity of the parent or guardian of the child;
  2. has information that leads the person reasonably to believe that the parent or guardian
    1. is responsible for causing the child to be in need of protection, or
    2. is unable or unwilling to provide adequate protection to the child in the circumstances; or
  3. has information that leads the person reasonably to believe that the child is or might be suffering abuse by a parent or guardian of the child or by a person having care, custody, control or charge of the child;

subsection (1) does not apply and the person shall forthwith report the information to an agency.

Duty to report

18 (2) Notwithstanding the provisions of any other Act, subsection (1) applies even where the person has acquired the information through the discharge of professional duties or within a confidential relationship, but nothing in this subsection abrogates any privilege that may exist because of the relationship between a solicitor and the solicitor's client.

S.M. 1989-90, c. 3, s. 4; S.M. 1996, c. 4, s. 3.

Summary conviction offences

18.3 Where a person,

  1. through an act or omission of the person, causes a child to be a child in need of protection as provided in section 17;
  2. fails to report information as required under section 18;
  3. discloses the identity of an informant in contravention of subsection 18.1(2); or
  4. interferes with or harasses an informant in contravention of subsection 18.1(3); the person commits an offence punishable on summary conviction.

S.M. 1989-90, c. 3, s. 5.

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