- 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 on the right of the document.
- Suggestions for modifications or additions should be forwarded to the Secretary of the Board of Directors.
- September 2009
PART 2 - POLICIES OF THE CORPORATION
- Section 1 - Conflict of Interest Policy
- Section 2 - Supporter Recognition Policy
- Section 4 - Harassment and Abuse Prevention Policy
- Section 5 - Guiding Principles for Squadron Sponsoring Committees
- ANNEX A - Harassment and Abuse - Definitions and Terms
- ANNEX B - The Child and Family Services Act of Manitoba
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.
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.
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.).
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.
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:
- 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;
- 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;
- 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;
- 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;
- 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.;
- Use ACL (MB) Inc. property, equipment, supplies or services for activities not associated with the performance of official duties with ACL (MB) Inc.;
- 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;
- 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.
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.
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:
- 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;
- 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;
- The Representative abstains from voting on the proposed decision or transaction;
- The Representative is not included in the determination of quorum for the proposed decision or transaction; and
- The decision or transaction is in the best interests of the corporation.
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.
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.
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.
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.
1. When you became a member of the Air Cadet League of Canada (Manitoba) Incorporated (ACL (MB) Inc.) you shared important personal information with us. You did this so we could conduct the necessary business of the corporation and verify your status as a potential member, as well as, knowing we would respect your privacy.
2. Personal information is information about an identifiable individual, but does not include the name, title or business address or telephone number of a member of an organization.
3. ACL (MB) Inc. is responsible for protecting your personal information in our possession or custody, including personal information that has been transferred, or received from, a third party in the course of business activities for processing or other purposes for which you have consented.
4. We collect personal information for one reason: to better conduct the business of the Air Cadet Program. Knowing your information allows us the capability to ensure you meet the standards required for membership and to communicate effectively with you. We collect information about you through the membership registration application, from your interactions with us and from police or consumer reporting agencies, such as Police Record Checks.
5. We collect and use this information to:
- Verify your identity;
- Determine your eligibility for membership;
- Detect and prevent fraud;
- Investigate specific transactions or patterns of transactions to detect unauthorized or illegal activities;
- Comply with the law; or
- Communicate mandatory matters or information of interest.
6. If you provide personal information to us or through any of the previously mentioned sources, you do so with the understanding that your personal information may be used or disclosed for the identified purposes amongst us, the previously mentioned sources, or third parties. The ACL (MB) Inc. may verify such information, or obtain additional information about you by checking with agencies and other fact collecting and verifying entities to assist us for the identified purposes. Your personal information is retained only as long as we need it to effectively communicate with you or in case we need to meet any potential obligations or legal or government requirements. We shall use care when storing or destroying your personal information in order to prevent unauthorized access.
7. Your knowledge and consent are required before we may collect, use or disclose your personal information, except in special circumstances, such as during an investigation by police or in situations otherwise permitted by the law. You may withdraw your consent at any time upon reasonable notice. Please note, however, that withdrawing your consent may affect our ability to continue to provide you with relevant information that you may require to carry out your obligations as a member.
8. To withdraw your consent you should contact our Secretary at the Provincial Office address or telephone number. Unless we hear otherwise from you, you are giving to us your consent for the collection, use and disclosure of personal information as provided in this Policy.
9. You may access your personal information that we have in our possession or control. You may request that we correct any of your personal information at any time. You also have a right to know which third parties, if any, have received your information from ACL (MB) Inc. Please make your request in writing to the ACL (MB) Inc. Secretary, at the Provincial Office address, stating as specifically as possible which personal information you are requesting or correcting.
10. We will try to respond to such requests as soon as possible, and will advise you if for some reason we cannot respond right away. ACL (MB) Inc. may charge you a reasonable fee for providing access to your personal information, but only after first advising you of the approximate cost.
11. ACL (MB) Inc. has the right to refuse your request for access to personal information if:
- The information is protected by solicitor-client privilege;
- Granting access would reveal confidential information;
- Doing so would reasonably be expected to threaten the life or security of another individual;
- The information was collected for purposes related to the investigation of a breach of an agreement or a contravention of the laws of Canada or a province;
- The information was generated in the course of a formal dispute resolution process; or
- The information would likely reveal personal information about another individual.
12. If you have a complaint related to this personal information policy or any of our procedures contact our Secretary. We will take steps necessary to resolve all justified issues, including amending our Policy and practices if necessary.
13. If we are not able to resolve your concern, or if you have any other concerns about ACL (MB) Inc. policy and procedures you may contact the Office of the Privacy Commissioner of Canada or, if applicable, the provincial Privacy Commissioner. The ACL (MB) Inc. Secretary will provide you with this contact information upon request.
1. This policy sets out the principles and practices of the ACL (MB) with regard to abusive behaviour towards participants. Each member-association is responsible for complying with this policy or a similar policy tailored to reflect their specific needs.
1. The ACL (MB) is committed to providing a learning and work environment in which all individuals are treated with respect and dignity. Each individual has the right to participate and work in an environment that promotes equal opportunities and prohibits discriminatory practices.
2. Harassment is a form of discrimination and the ACL (MB) is committed to providing an environment free from harassment on the basis of race, nationality or ethnic origin, religion, age, sex, sexual orientation, marital status, family status, or disability. Harassment on the basis of any of these grounds is a form of discrimination that is prohibited by human rights legislation throughout Canada.
3. Harassment is offensive, degrading and threatening. In its most extreme forms, harassment can be an offense under Canada's Criminal Code.
1. This policy applies to all ACL (MB) directors, officers, volunteers and members of the ACL (MB), as well as, all ACL (MB) employees. It applies to harassment that may occur during the course of all ACL (MB) business, activities and events.
2. Harassment arising within the business, activities and events of other organizations affiliated with the ACL (MB) shall be dealt with using the policies and mechanisms of such organizations.
1. The ACL (MB) recognizes that not all incidents of harassment are equally serious in their onsequences. Harassment covers a wide spectrum of behaviours, and the response to harassment must be equally broad in range, appropriate to the behaviour in question and capable of providing a constructive remedy. There must be no summary justice or hasty punishment. The process of investigation and settlement of any complaint of harassment must be fair to all parties, allowing adequate opportunity for the presentation of a defence to the charges.
2. Minor incidents of harassment (e.g.: inappropriate jokes) should be corrected promptly and informally, taking a constructive approach with the aim of bringing about a change in negative attitudes and behaviour.
3. More serious incidents (e.g. a course of repeated taunting, any form of sexual or physical assault) should be dealt with according to policy guidelines. Complaints will be handled in a timely, sensitive, responsible and confidential manner. There should be no tolerance of reprisals taken against any party to a complaint. The names of parties and the circumstances of the complaint should be kept confidential except where disclosure is necessary for the purposes of investigation or taking disciplinary measures.
4. Anyone making a complaint, which is found to be clearly unfounded, false, malicious or frivolous, will be subject to discipline.
5. Procedures for the handling of complaints brought against employees or volunteers of the ACL (MB) are detailed in the "Harassment Complaint Procedures".
1. Some behaviour that might be described as harassment (Annex A) when directed towards an adult, may constitute abuse when directed towards a child or youth by any person with power or authority over the person harassed. The ACL (MB) Harassment and Abuse Prevention Policy covers the entire spectrum of abusive and harassing behaviours.
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.
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.
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.
1. Sponsors of Manitoba's air cadet squadrons are either:
- incorporated organizations, such as, businesses or service clubs; or
- 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;
- Executive Committee Officers, to include a Chairperson, a Vice-chairperson, a Secretary, a Treasurer and a Member-at-large;
- Eligible member qualifications;
- Requirement for elections, usually annually;
- Requirement of Notices of Meetings;
- Voting and procedural guidelines;
- Financial Guidelines; and
- 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.
BY-LAWS, POLICIES & PROCEDURES MANUAL
PART 2 - Section 4
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.
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.
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.
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.
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:
|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|
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.
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.
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).
The following is a non-exhaustive list of examples of harassment:
- Unwelcome jokes, innuendo or teasing about a person's body, looks, race, sexual orientation etc.;
- Condescending, patronizing, threatening or punishing actions which undermine self-esteem;
- Practical jokes which cause awkwardness or embarrassment, or may endanger a person's safety;
- Any form of hazing;
- Unwanted or unnecessary physical contact including touching, patting, pinching;
- 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;
- Leering, ogling or other suggestive or obscene gestures;
- Physical or sexual assault;
- 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;
- Retaliation or threats of retaliation against an individual who reports harassment; or
- Condescending, paternalistic or patronizing behaviour which is intended to undermine self-esteem, diminish performance or adversely affect working conditions.
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:
- Submitting to or rejecting this conduct is used as the basis for making decisions which affect the individual; or
- Such conduct has the purpose or effect of interfering with an individual's performance; or
- 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.
|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|
BY-LAWS, POLICIES & PROCEDURES MANUAL
PART 2 - Section 4
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.
17 (2) Without restricting the generality of subsection (1), a child is in need of protection where the child
- is without adequate care, supervision or control;
- is in the care, custody, control or charge of a person
- who is unable or unwilling to provide adequate care, supervision or control of the child, or
- whose conduct endangers or might endanger the life, health or emotional well-being of the child, or
- 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;
- is abused or is in danger of being abused;
- is beyond the control of a person who has the care, custody, control or charge of the child;
- 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;
- is subjected to aggression or sexual harassment that endangers the life, health or emotional well-being of the child;
- 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
- 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.
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.
means a child and family services agency that is
- a corporation without share capital mandated under subsection 6.1(1),
- continued under section 6.2,
- a regional office, or
- Jewish Child and Family Service; (" office ")
18 (1.1) Where a person under subsection (1)
- does not know the identity of the parent or guardian of the child;
- has information that leads the person reasonably to believe that the parent or guardian
- is responsible for causing the child to be in need of protection, or
- is unable or unwilling to provide adequate protection to the child in the circumstances; or
- 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.
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.
18.3 Where a person,
- through an act or omission of the person, causes a child to be a child in need of protection as provided in section 17;
- fails to report information as required under section 18;
- discloses the identity of an informant in contravention of subsection 18.1(2); or
- 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.