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Conflict of Interest Policy

Purpose
The purpose of this policy is to describe how representatives of Taekwondo Manitoba will conduct themselves in matters relating to conflicts of interest, and to clarify how Taekwondo Manitoba will make decisions in situations where conflicts of interest may exist.

Definitions

Conflict of interest: is a situation in which an individual has, in relation to a matter coming before Taekwondo Manitoba, a private or personal interest, sufficient to influence or appear to influence the objective, open-minded, and loyal exercise of his or her function as a decision-maker. Conflicts of interest include both pecuniary and non-pecuniary interests.

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 with whom that individual is associated.

Non-pecuniary interest: may include family relationships, friendships, and volunteer positions in associations or other interests that do not involve the potential for financial gain or loss.

Representative: includes all Board members, directors, officers, coaches, officials, committee members, volunteers and other decision-makers or decision-influencers within Taekwondo Manitoba

Application
This policy applies to all Representatives of Taekwondo Manitoba. All representatives are bound to act honestly, in good faith, and in the best interest of Taekwondo Manitoba.

Statutory Obligations
Taekwondo Manitoba 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. Each individual is under an obligation to avoid, whenever reasonably possible, a conflict of interest. However, conflicts of interest may nevertheless arise. In such situations the individual is to refer to Taekwondo Manitoba’s Resolving Conflicts Policy.

Under the Act, any real or perceived conflict, whether pecuniary or non-pecuniary, between a representative and the interests of Taekwondo Manitoba must at all times be resolved in favour of Taekwondo Manitoba.

Additional Obligations
In addition to fulfilling all requirements of the Act, representatives of Taekwondo Manitoba will also fulfill the additional requirements of this policy.

Representatives of Taekwondo Manitoba 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 Taekwondo Manitoba, 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. Allow their loyalty to Taekwondo Manitoba to be compromised by their relationship to or involvement in another organization or corporation.
  5. Allow information of a confidential nature to be disclosed to those who might gain an advantage from its use such as the securing of a contract with Taekwondo Manitoba.
  6. Use Taekwondo Manitoba property, equipment, supplies or services for activities not associated with the performance of official duties with Taekwondo Manitoba without prior authorization.
  7. Place themselves in positions where they could, by virtue of being a Representative of Taekwondo Manitoba, 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 Taekwondo Manitoba.
  9. Remuneration: Members of the Board of Directors or other Taekwondo Manitoba Committees shall receive no compensation, either directly or indirectly, for acting as such and shall not receive, either directly or indirectly, any profit from their position. The members of the Board of Directors or other Taekwondo Manitoba Committees shall be paid their reasonable traveling and other out-of-pocket expenses properly incurred by them as agreed to from time to time for attending meetings or in carrying out business on behalf of Taekwondo Manitoba.

Disclosure of Conflict of Interest
On an annual basis, all Board members and decision-making employees will complete a written statement disclosing any real or perceived conflicts that they might have in the performance of their duties (Appendix A).

At any time that a Representative of Taekwondo Manitoba becomes aware that there may exist a real or perceived conflict of interest, they shall disclose this conflict to the President and/or Board of Directors immediately. As soon as the meeting considers a matter or begins to discuss an issue which puts the Representative in a circumstance of conflict of interest, he or she should interrupt and say, “I am declaring my conflict as (here insert your conflicting position of interest) and I am leaving the meeting while this subject is under discussion” or words to that effect. The secretary of the meeting will record this in the minutes as follows:

“Person A having disclosed their conflict as a director of Taekwondo Manitoba (or other) was absent from the meeting during discussion of (describe topic)”. If agreed to by the Board (or committee), the Representative with the conflict may remain in the meeting and respond to any questions posed during the discussion.

Any person who is of the view that a Representative of Taekwondo Manitoba may be in a position of conflict of interest may report this matter to the President.

Resolving Conflicts in Decision-making
Decisions or transactions that involve a real or perceived conflict of interest that has been disclosed by a Representative of Taekwondo Manitoba must be considered and decided upon by Taekwondo Manitoba 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 agrees 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;
  5. The decision or transaction is in the best interests of the Taekwondo Manitoba; and.
  6. In circumstances of conflict of interest, besides declaring the conflict and absenting himself or herself from the meeting and not voting on the issue, the representative will be expected not to lobby or otherwise participate in the decision making process.

Enforcement
Failure to adhere to this policy may give rise to discipline in accordance with Taekwondo Manitoba’s Code of Conduct and Discipline policy.

Appendix A – Conflict of Interest Disclosure Form

Name: ______________________________
Address: ____________________________________________
Telephone #: Home: ______________ Other: ______________
E-mail: ______________________
Manitoba Taekwondo Position and/or Involvement: __________________________________________________
Details lending to a real or perceived conflict:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________

____________________________________________________________________________

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