Part 4: Legal Considerations and Safe Sport

The evergreen strategy utilized for this second edition means that chapters from the previous edition published in April, 2022 are included in the collection.
Thus – it is important to note that Chapters 7-11 were written:
After the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (UCCMS) was institute in 2019.
- Prior to 2022, June, when the Office of the Sport Integrity Commissioner (OSIC) was formed as an independent division within the Sport Dispute Resolution Centre of Canada (SDRCC) – and;
- Prior to 2025, April, when the administration of the UCCMS transitioned to the Canadian Safe Sport Program (CSSP) within the Canadian Centre for Ethics in Sport (CCES).
As the organizational structure that oversees the UCCMS continues to evolve, the fair, transparent and effective management of reported cases of maltreatment remains vital.
Hence, understanding the legal aspects of implementation, dispute resolution, and enforcement is critical for students, researchers, professionals and other stakeholders within the Canadian sport system.
Four phases of dealing with a complaint by this body have been identified:
Phase 1 – jurisdiction
Phase 2 – investigation
Phase 3 – dispute resolution
Phase 4 – enforcement
The following five chapters within Part 4: Legal Considerations and Safe Sport, examine key issues of each phase.
- Chapter 7 on jurisdiction examines the authority of the body to act. Its jurisdiction stems from the UCCMS and extends beyond the scope of authority of the federally funded sport organizations that will be adopting the UCCMS. Some form of contractual relationship will have to be established to ensure that the body has appropriate authority to act. This becomes more complex as provincial, territorial, and local use is considered.
- Chapter 8 on investigation discusses the importance of incorporating principles of procedural fairness in all stages of an investigation and explore the intersection of reporting and investigative processes with parallel child protection systems under provincial and criminal laws.
- Chapter 9 and Chapter 10 on dispute resolution focus on the use of arbitration to resolve disputes arising from investigations. Chapter 10 will examine institutional issues, such as having diverse and appropriately trained adjudicators and a system of precedent. Chapter 11 explores the procedural and substantive elements of the process, such as an adjudicator’s scope of authority, matters of confidentiality and privacy, and principles of interpretation.
- Chapter 11 on enforcement examines how sanctions can be enforced across different types and levels of sport, and how an arbitration decision involving the UCCMS could be challenged in court.
Abbreviations and Acronyms
CAC | Coaching Association of Canada |
CADP | Canadian Anti-Doping Program |
CAS | Court of Arbitration for Sport |
CCES | Canadian Centre for Ethics in Sport |
COC | Canadian Olympic Committee |
ECHR | European Court of Human Rights |
FEI | International Equestrian Federation |
FIN | Italian Swimming Federation |
FINA | International Swimming Federation |
FIPPA | Freedom of Information and Protection of Privacy Act |
HRTO | Human Rights Tribunal of Ontario |
ICAS | International Council of Arbitration in Sport |
IF | International Sport Federation |
IOC | International Olympic Committee |
IPC | International Paralympic Committee |
ISU | International Skating Union |
ITFs | International Tennis Federation |
ITP | Idenpendent Third Party |
JAMS | Judicial Arbitration Management Service |
LGBTQIA | Lesbian, gay, bisexual, trans, transexual, transgender, questioning, queer, intersex, asexual |
NGBs | National Sport Governing Bodies |
NIM | National Independent Mechanism |
NSO | National Sport Organization |
NSP | National Safeguarding Panel |
NTC | National Team Committee |
OLTFC | Ottawa Lions Track and Field Club |
PIPEDA | Personal Information Protection and Electronic Documents Act |
PTSOs | Provincial/Territorial Sport Organizations |
SDRCC | Sport Dispute Reolution Centre of Canada |
SFT | Swiss Federal Tribunal |
U.K. | United Kingdom |
U.S. | United States |
UCCMS | Universial Code of Conduct to Prevent and Address Maltreatment in Sport |
UEFA | The Union of European Football Associations |
USOPC | United States Olympic and Paralympic Committee |
WADA | World Anti-Doping Agency |