MANITOBA CURLING ASSOCIATION - RESIDENCY POLICY

Thursday Jun 11 2009

During the early part of last curling season, the subject of residency was much talked about among Manitoba curling fans. Questions like 'Did the Manitoba Curling Association have a residency rule? and was it being implemented?  were asked. As I recall the wording of a brief response to the question about residency of, specifically, Kevin Park and Don Walchuk was along the lines of 'they've provided the documentation required to establish eligibility to compete in Manitoba'. Fair enough - and let it go at that.

At last Saturday's MCA-AGM there was mention of the fact that a new MCA Residency Policy had been approved that very morning by the Board of Directors. The document was not available but would be posted on the MCA website sometime this week.

The new MCA Residency Policy is also printed in its entirety below.  For the first time, an exact set of expectations has been published as the basis of what should now be a simple decision. In response to a written 'protest' or request for a ruling on residency of any player, the first decision will be whether or not the request is real or malicious. If real, the MCA's Executive Director will ask the player to provide any two of six documents - driver's license, Manitoba Health card, mortgage or lease, utility bill, vehicle registration, & income tax return - showing name and address. (See point #6 below for more detail.) If the documentation is provided, simply stated - the issue is resolved.

A long-time stumbling block in regard to privacy concerns has been set aside  based on professional advice that in effect says 'the policy can request these forms of residency verification - privacy issues only arise when the information is stored and/or used for some other purpose'. If the documents are viewed but not copied, they can be the basis of the decision without privacy concerns.

Although there may be some weak spots in the new policy, it is a step forward. The complete MCA Residency Policy follows:
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Definitions
1.     The following terms have these meanings in this Policy:
a)     Days- Days irrespective of weekend and holidays.
b)     MCA Curler- Any individual active curler who is a member of an MCA affiliated member club which is situated within the boundaries of the Province of Manitoba.

Purpose
2.     The purpose of this Policy, upon receipt of a residency protest, is to determine the residency status of an MCA Curler participating in Zone Play downs, Berth Bonspiels or to qualify through bonspiels with a berth into Manitoba Provincial Championships and National Championships.  Eligibility of these competitions requires MCA Curlers to be Manitoba residents as of November 1st of the current curling season and at all times until the end of the respective competition.  

Application of this Policy
2.     This Policy applies to all MCA Curlers as defined in the Definitions.
3.     This Policy only applies to residency matters that may arise during the course of Zone Play downs, Berth Bonspiels or to qualify though bonspiels with a berth into Manitoba Provincial Championships and National Championships.
4.     Residency matters arising within the competition or events organized by entities other than MCA, including its member clubs, will be dealt with pursuant to the policies of these other entities unless requested and accepted by MCA at its sole discretion.
 Residency
5.     All MCA Curlers are initially deemed residents of Manitoba.
6.     Upon receipt of a residency protest, an MCA Curler who can submit any two of the following documents naming the MCA Curler will be deemed a resident of Manitoba: 
    a)     A mortgage, lease or rental agreement for habitable dwelling in Manitoba listing the MCA Curler or MCA Curler’s spouse or parent/guardian; or
    b)     Valid Manitoba driver’s license with a Manitoba address; or
    c)     Valid Manitoba health card with a Manitoba address; or
    d)     Utility bills for a habitable dwelling in Manitoba listing the MCA Curler or MCA Curler’s spouse or parent/guardian; or
    e)     Manitoba Public Insurance for a registered vehicle owned by the MCA Curler; or
    f)     The previous year’s income tax return listing the MCA Curler as a resident of Manitoba.

Students
7.     MCA Curlers attending school on a full time basis outside of the Province of Manitoba are deemed residents of Manitoba.  The MCA may request that the MCA Curler document their full time student status.
8.     MCA Curlers attending school on a full basis within the Province of Manitoba must meet the requirements of paragraph 6 to be deemed a resident of Manitoba.

Other Exemptions
9.     The MCA may define other MCA Curlers residents of Manitoba when specifically dealing with family relocations or transfer/change of employment when an MCA Curler can reasonably demonstrate that the MCA Curler will be a resident of Manitoba for a significant portion of the curling season.
 Reporting a Residency Protest
10.  Any person or MCA staff may report to the MCA head office any residency protest with regard to an MCA Curler’s residency status.  Such protest must be signed and in writing.  Anonymous complaints may be accepted upon the sole discretion of MCA. 
11.  MCA will appoint the Executive Director, or designate, who will determine whether the residency protest is frivolous or vexatious.  If the Executive Director, or designate, determines the residency protest is frivolous or vexatious, the residency protest will be dismissed immediately. 
12.  If a residency protest is determined by the Executive Director, or designate, to be legitimate, the Executive Director will contact the affected MCA Curler and request any two documents listed in paragraph 6 to determine the MCA Curler’s residency status.  The MCA Curler will have fourteen (14) days to provide the evidence listed in paragraph 6 in support of their Manitoba residency status.
 13.  The Executive Director, or designate, will govern the decision making process fairly and as they see fit, provided that the affected MCA Curler:
    a)     Is provided copies of all evidence to be relied upon; and
    b)     Will have the right to present evidence and argument.
14.  After hearing and reviewing the residency protest and all applicable evidence, the Executive Director, or designate, will determine whether or not the MCA Curler is deemed a resident of Manitoba in accordance with this Policy. If the MCA Curler is deemed a resident of Manitoba the matter is closed; if the MCA Curler is deemed a non-resident of Manitoba, the Executive Director, or designate will determine the appropriate penalty to be imposed.
15.  The Executive Director’s, or designate’s, written decision, with reasons, will be distributed to the MCA and the affected MCA Curler within fourteen (14) days of the conclusion of the hearing and review of evidence.
16.  Where the affected MCA Curler acknowledges the facts that they are a non-resident of Manitoba, the Executive Director, or designate, will determine the appropriate sanction(s).
17.  If the affected MCA Curler chooses not to participate in accordance with this Policy, the Executive Director, or designate, may proceed in any event.
 
Sanctions
18.  The Executive Director, or designate, may apply the following sanctions singly or in combination, for being deemed a non-resident of Manitoba:
    a)     Written reprimand to be placed in the individual’s file;
    b)     Written apology;
    c)     Forfeiture of games, wins, bonspiels and/or championships;
    d)     Ineligible for certain teams, championships, bonspiels, events and/or activities;
    e)     Removal of certain privileges of membership;
    f)     Suspension from certain MCA teams, championships, bonspiels, events and/or activities;
    g)     Suspension from all MCA activities for a designated period of time;
    h)    Suspension from MCA;
    i)      Expulsion from MCA; or
    j)      Other sanctions as may be considered appropriate.
19.  MCA Curlers who give incorrect or misleading information may be disciplined in accordance with MCA’s Discipline and Complaints Policy.
20.  Unless the Panel decides otherwise, any sanctions will commence immediately. Failure to comply with a sanction as determined by the Executive Director, or designate, will result in automatic suspension of membership in MCA until such time as compliance occurs.

Timelines
21.  If the circumstances of the residency protest are such that this Policy will not allow a timely conclusion, or if the circumstances of the residency protest are such the review cannot be concluded within the timelines dictated in this Policy, the Executive Director, or designate, Panel may direct that these timelines be revised. 

Confidentiality
22.   The residency protest process is confidential involving only the person submitting the residency protest, the affected MCA Curler, the MCA Board of Directors and the Executive Director, or designate.  Once initiated and until a decision is released, none of the Parties will disclose confidential information relating to the residency protest to any person not involved in the proceedings. 

Appeals Procedure
23.  The decision of the Executive Director, or designate, may be appealed in accordance with the MCA’s Appeal Policy.

 

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