MATA Conflict of Interest Policy

MANITOBA ATHLETIC THERAPISTS’ ASSOCIATION


CONFLICT OF INTEREST POLICY


 
Preamble
 
It is in the best interest of the Manitoba Athletic Therapists Association (the “MATA”) to be aware of and properly manage all conflicts of interest and appearances of a conflict of interest. This conflict of interest policy is designed to help directors, officers, employees, members and volunteers of the MATA identify situations that present potential conflicts of interest and to provide the MATA with a procedure to appropriately manage conflicts in accordance with legal requirements and the goals of accountability and transparency in the MATA.

 
 
Purpose
 
1.         The purpose of this policy is to describe how members of the MATA will conduct themselves in matters relating to conflicts of interest, and to clarify how the MATA will make decisions in situations where conflicts of interest may exist.
 
Description of Conflict of Interest
 
2.         A conflict of interest exists where “there is an arrangement or relationship between the Member or a related person or related corporation and a person, where a reasonable person could conclude that the exercise of the Member’s professional expertise or judgment may conflict with or be influenced by the arrangement or relationship. A conflict of interest may be actual, potential or perceived.” (MATA Code of Ethics)
 
Application
 
3.         This policy applied to directors, officers, employees, contractors, committee members, volunteers and other decision-makers with the MATA (hereafter referred to as “Representatives” of the MATA).
 
Statutory Obligations
 
4.         The MATA 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 MATA.
 
5.         Under the Act, any real or perceived conflict, whether pecuniary or non-pecuniary, between a director’s or officer’s interests and the interests of the MATA must at all times be resolved in favour of the MATA.
 
 
 
 
 
Additional Obligations
 
6.         In addition to fulfilling all requirements of the Act, the MATA and it Representatives will also fulfill the additional requirements of this policy. Representatives of the MATA shall not:


  1. a)Engage in any business or transactions, or have a financial or other personal interest that is incompatible with their official duties with the MATA, unless such business, transaction or other interest is properly disclosed in accordance with this policy;


  1. b)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;


  1. c)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;


  1. d)Derive personal benefit from information that they have acquired during the course of fulfilling their official duties with the MATA, where such information is confidential or is not generally available to the public.


  1. e)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 the MATA, or in which they have an advantage or appear to have an advantage on the basis of their association with the MATA;


  1. f)Use the MATA property, equipment, supplies or services for activities not associated with the performance of official duties with the MATA;


  1. g)Place themselves in positions where they could, by virtue of being a Representative of the MATA , influence decisions or contracts from which they could derive any direct or indirect benefit or interest;


  1. h)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 the MATA.
 
Disclosure of Conflict of Interest
 
7.         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.
 
8.         At any time that a Representative of the MATA becomes aware that there may exist a real or perceived conflict of interest, they shall disclose this conflict to the Board of Directors immediately.
 
9.         Any person who is of the view that a Representative of the MATA may be in a position of conflict of interest may report this matter to the Board.
 
Resolving Conflicts in Decision-Making
 
10.       Decisions or transactions that involve real or perceived conflict of interest that has been disclosed by a Representative of the MATA may be considered and decided upon by the MATA provided that:


  1. a)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;


  1. b)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;


  1. c)The Representative abstains from voting on the proposed decision or transaction;


  1. d)The Representative is not included in the determination of quorum for the proposed decision or transaction; and


  1. e)The decision or transaction is in the best interests of the MATA.
 
Conflicts Involving Employees
 
11.       The MATA will not restrict employees from accepting other employment, contracts or volunteer appointments during the term of their employment with the MATA, 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 the MATA. Any determination as to whether there is a conflict of interest will rest solely with the MATA, 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.
 
Conflicts Involving Litigation by a Representative


  1. 1.If a Representative initiates litigation of any kind against the CATA, its Directors or its Officers, that Representative shall be deemed to be unable to fulfill their duties with the CATA with impartiality, and in keeping with the values and ethics of the CATA, the Representative shall be immediately removed from any position as an Officer, Director or committee member with the CATA until such time as the litigation is resolved.
 
Enforcement
 
12.       Failure to adhere to this policy may give rise to discipline in accordance with the MATA Code of Conduct and Discipline policy.
 
Review and Approval
 
13.       This policy was approved by the Board of Directors on November 21, 2012 and will be reviewed by the Board of Directors on an annual basis.
 
 
 
 
 

 
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