Preamble
As the national sport organization governing basketball throughout Canada, Basketball Manitoba recognizes that there are risks inherent in all facets of our governance, program delivery and business operations.
Basketball Manitoba is committed to managing risks to the organization and to its PTSOs, clubs and registered participants. We take the safety, well-being and satisfaction of our members and participants seriously. While we are not averse to taking organizational and financial risks and pursuing opportunities, we will do so thoughtfully and in an informed manner so as not to jeopardize future opportunities.
Purpose
The aim of this policy is to provide a guiding statement on how risk management is to be performed within Basketball Manitoba. In general, we view risk management as a comprehensive approach to improving organizational performance. This policy has other purposes as well, namely:
- Reinforcing an understanding of risk management as having a broad focus, beyond merely preventing lawsuits, reputational damage and financial losses;
- Performing an educational function for staff, volunteers, PTSOs, clubs and registered participants;
- Over the longer term, contributing to enhancing a ‘risk management culture’ within Basketball Manitoba.
Ultimately, successful risk management has the following benefits for our organization:
- Prevents or limits injury or losses to participants, volunteers and staff;
- Helps to protects Basketball Manitoba and its PTSO partners, clubs and individual participants against litigation;
- Ensures that Basketball Manitoba is compliant with all applicable laws, regulations and standards;
- Improves the programs and services that Basketball Manitoba provides to its members, participants, partners and sponsors;
- Promotes improved business management and human resource management practices;
- Enhances Basketball Manitoba’s brand, reputation and image in the community;
- Overall, enhances Basketball Manitoba’s ability to achieve its strategic objectives.
Scope and Authority
The Executive Director is appointed as Risk Manager for Basketball Manitoba, responsible for the implementation, maintenance and communication of this policy. This policy applies to all activities undertaken by Basketball Manitoba at the national level. Where Basketball Manitoba exercises authority over activities below the national level, risk management measures may also be prescribed by Basketball Manitoba for implementation by PTSOs and clubs. PTSOs are encouraged to prepare policies similar to this policy, to govern the management of risk within their jurisdictions.
Policy
Basketball Manitoba makes the following commitments to its member PTSOs and registered participants:
- All activities and events undertaken by Basketball Manitoba will be analyzed from a risk management perspective;
- Systematic and explicit steps will be taken to identify, assess, manage and communicate risks facing Basketball Manitoba;
- Risk control strategies will be reasonable and will reflect the given standard of care in any circumstance (where standard of care is determined by written/published standards, industry practices, established case law precedent, and common sense).
Basketball Manitoba acknowledges that risk management is a broad activity and a shared responsibility. All directors, officers, staff, and volunteers have an ongoing responsibility to take appropriate measures within their scope of authority and responsibility to identify, assess, manage and communicate risks.
The Risk Management Process
Managing risks involves three steps: 1) identify potential risks using an informed, environmental scan approach, 2) assessing the significance of a risk by considering its possibility and consequences, and 3) developing and implementing measures to address those risks deemed significant by reducing possibility, consequences or both.
Risks arise from a number of categories of Basketball Manitoba’s operations. In the sport domain, facilities, equipment, people and programs all give rise to potential risks. Basketball Manitoba has determined that the following categories will be used when identifying risks:
- Operational/Program Risks: Risk related to key programs in the areas of coach, official and athlete development; management of human resources, including staff and volunteers; organizational capacity to meet participant and stakeholder expectations; event and competition management; remaining vital and relevant to our members; the inherent physical risks of our sport.
- Compliance Risks: Risk related to failure to comply with existing laws and regulations governing employment, privacy, workplace safety, new corporations legislation, tenant legal responsibilities, RCAAA charitable status, Imagine Canada standards, anti-doping standards, Sport Canada/OTP standards for funding and accountability, fulfillment of contractual obligations.
- Communication Risks: Risks related to internal and external communications; information management systems; crisis and issues management; media relations; image and reputation management; missed opportunities to promote and exploit successful outcomes; management of intellectual property; social media management; confidentiality.
- External Risks: Risks that are not in direct control of the organization such as funding frameworks from government, OTP and other agencies; relations with governments, games organizations and international federations; involvement in other sport partnerships; hosting decisions and requirements.
- Governance Risks: Risks related to clarity of roles and responsibilities, decision-making and oversight, organizational structure and performance; management of disputes and conflict of interest, planning for diversity and succession within the Board and committees, knowledge retention and transfer.
- Financial Risks: Risks related to financial monitoring and reporting, deficit reduction, flexibility to direct funds, sponsorship attraction and retention, investment and management of reserve funds, long-term financial sustainability.
All risks faced by Basketball Manitoba can be addressed by one or more of the following four general strategies:
- Retain the risk – no action is taken because the possibility and consequence of the risk is low. It may also be that the risk is inherent in the sporting activity itself and thus can be accepted in its present form.
- Reduce the risk – steps are taken to reduce the possibility of the risk, and/or its potential consequences, through efforts such as improved planning, policies, organization, delivery, supervision, monitoring or education.
- Transfer the risk – accept the level of risk but transfer some or all of it to others through the use of insurance, waiver of liability agreements or other business contracts.
- Avoid the risk – eliminate the risk by avoiding the activity giving rise to the risk – in other words, simply decide not to do something, or to eliminate some activity or initiative.
The above general strategies translate into a variety of risk control measures, which for Basketball Manitoba may include (but are not limited to):
- Policy development
- Effective communication
- Education, instruction, professional development and specialized training
- Ensuring a core set of organizational values have been identified, defined and communicated throughout the organization and the sport
- Adherence to minimum, mandatory qualifications or certifications for key staff and leaders
- Use of robust and legally sound contracts (codes of conduct, athlete and coach agreements, employment agreements, contractor agreements, partnership agreements)
- Improving role clarity through use of written position descriptions and committee terms of reference
- Supervision and monitoring of staff, volunteers, participants and activities
- Establishing and communicating procedures to handle concerns, complaints and disputes
- Implement schedules for regular review, maintenance, repair and replacement of equipment
- Preparing procedures and protocols for emergency response and crisis management
- Use of warnings, signage, participation agreements and waiver of liability agreements where warranted
- Purchasing appropriate insurance coverage for all activities and reviewing regularly
Reporting and Communication
To ensure that risk management remains a high priority within Basketball Manitoba, and to promote an organizational culture that embraces a risk management perspective, risk management will be a standing item on the agenda of every regular Board meeting, so that the Executive Director can provide updates on risk management as required.
Basketball Manitoba recognizes that communication is an essential part of risk management. This Policy will be communicated frequently to our staff, committees, PTSOs, and clubs, and we will encourage all members and participants to communicate to Basketball Manitoba their risk management issues and concerns.
Insurance
Basketball Manitoba maintains a comprehensive insurance program that provides General Liability, Sports Accident and Directors and Officers Errors and Omissions coverage to the directors, officers, staff, members, volunteers and sponsors of Basketball Manitoba. Upon annual renewal of this policy, Basketball Manitoba consults with the insurance provider to determine if there are any emerging gaps, issues or concerns to be addressed through insurance renewal.
Not all risks are insurable. However, as part of its commitment to risk management, Basketball Manitoba will take all reasonable steps to ensure that insurance coverage is available for those activities essential to the mission of Basketball Manitoba that pose significant risks and that may be insured.
Approval
This Policy was approved by the Board of Directors on November 24, 2014 and will be reviewed annually by the Executive Director.