Basketball Manitoba Conflict of Interest Policy

Minimizing Conflicts of Interest in Decision-Making

Basketball Manitoba – Conflict of Interest Policy


  1. The following terms have these meanings in this Policy:

  • Conflict of Interest” – Any situation in which a representative’s decision-making, which should always be in the best interests of Basketball Manitoba, is influenced or could be influenced by personal, family, financial, business, or other private interests

  • Pecuniary Interest” - 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” - An interest that an individual may have in a matter which may involve family relationships, friendships, volunteer positions or other interests that do not involve the potential for financial gain or loss

  • Representatives” – Individuals employed by, or engaged in activities on behalf of, Basketball Manitoba including: coaches, staff members, convenors, contract personnel, volunteers, managers, administrators, committee members, and Directors and Officers of  Basketball Manitoba


2. Individuals who act on behalf of an organization have a duty first to that organization and second to any personal stake, they have in the operations of Basketball Manitoba. For example, in not-for-profit organizations, Directors are required, by law, to act as a trustee (in good faith or in trust) of Basketball Manitoba. Directors, and other stakeholders, must not put themselves in positions where deciding on behalf of Basketball Manitoba is connected to their own personal interests. That would be a conflict of interest situation.


3. Basketball Manitoba strives to reduce and eliminate nearly all instances of conflict of interest – by being aware, prudent, and forthcoming about potential conflicts. This policy describes how representatives will conduct themselves in matters relating to conflict of interest and will clarify how representatives shall make decisions in situations where conflict of interest may exist. 

4. This Policy applies to all representatives / Board Members.


5. Any real or perceived conflict of interest, whether pecuniary or non-pecuniary, between a representative’s personal interest and the interests of Basketball Manitoba shall always be resolved in favour of Basketball Manitoba.

6. Representatives will not:

  • Engage in any business or transaction, or have a financial or other personal interest, that is incompatible with their official duties with Basketball Manitoba, unless such business, transaction, or other interest is properly disclosed to Basketball Manitoba and approved by Basketball Manitoba

  • Knowingly place themselves in a position where they are under obligation to any person who might benefit from special consideration or who might seek preferential treatment

  • In the performance of their official duties, give preferential treatment to family members, friends, colleagues, or organizations in which their family members, friends, or colleagues have an interest, financial or otherwise

  • Derive personal benefit from information that they have acquired during the course of fulfilling their official duties with Basketball Manitoba, if such information is confidential or not generally available to the public

  • 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 Basketball Manitoba, or in which they have an advantage or appear to have an advantage on the basis of their association with Basketball Manitoba

  • Without the permission of Basketball Manitoba, use Basketball Manitoba's property, equipment, supplies, or services for activities not associated with the performance of their official duties with Basketball Manitoba

  • Place themselves in positions where they could, by virtue of being  a Basketball Manitoba representative, influence decisions or contracts from which they could derive any direct or indirect benefit

  • 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 Basketball Manitoba representative

Disclosure of Conflict of Interest

7. On an annual basis, all Basketball Manitoba's Directors and candidates for election to the Board, Directors, Officers, Employees, and Committee Members will complete a Declaration Form disclosing any real or perceived conflicts that they might have. Declaration Forms shall be retained by Basketball Manitoba.

8. Immediately upon becoming aware that a conflict of interest may exist, all representatives must disclose any real or perceived conflict of interest as follows:

  • Directors, Officers, Committee Members, candidates for election to the Board, and the senior staff person (when employed) must disclose real and perceived conflicts of interest to the Board

  • Employees must disclose real and perceived conflicts of interest to the senior staff person or, in the absence of a senior staff person position, to the Board

  • Coaches, volunteers, managers, and other representatives must disclose real and perceived conflicts of interest to their immediate supervisor (e.g., team manager, staff person, other volunteer, etc., as applicable)

9. All representatives shall also disclose any and all affiliations with any and all other organizations involved with the same sport. These affiliations include the following roles: athlete, coach, manager, official, employee, volunteer, or Director.

Minimizing Conflicts of Interest in Decision-Making

10. Decisions or transactions that involve a conflict of interest that has been proactively disclosed by a Basketball Manitoba representative will be considered and decided with the following additional provisions:

  • The nature and extent of the representative’s interest have been fully disclosed to the body that is considering or making the decision, and this disclosure is recorded or noted

  • The representative does not participate in discussion on the matter

  • The representative abstains from voting on the decision

  • For board-level decisions, the representative does not count toward quorum

  • The decision is confirmed to be in the best interests of Basketball Manitoba

11. For potential conflicts of interest involving employees, Basketball Manitoba's Board will determine whether there is a conflict and if one exists, the employee will resolve the conflict by ceasing the activity giving rise to the conflict. Basketball Manitoba will not restrict employees from accepting other employment contracts or volunteer appointments, provided these activities do not diminish the employee’s ability to perform the work described in the employee’s job agreement with Basketball Manitoba or give rise to a conflict of interest.

Conflict of Interest Complaints

12. Any person who believes that a representative may be in a conflict of interest situation should report the matter, in writing (or verbally if during a meeting of the Board or any committee), to Basketball Manitoba's Board, who will decide on appropriate measures to eliminate the conflict. The Board may apply the following actions singly or in combination for real or perceived conflicts of interest if the conflict is determined:

  • Removal or temporary suspension of certain responsibilities or decision-making authority

  • Removal or temporary suspension from a designated position

  • Removal or temporary suspension from certain teams, events and/or activities

  • Expulsion from Basketball Manitoba

  • Other actions as may be considered appropriate for the real or perceived conflict of interest

13. Any person who believes that a Representative has made a decision influenced by a real or perceived conflict of interest may submit a complaint, in writing, to Basketball Manitoba to be addressed under the  Discipline and Complaints Policy.

14. Failure to comply with an action as determined by the Board will result in automatic suspension from Basketball Manitoba until compliance occurs.

15. The Board may determine that an alleged real or perceived conflict of interest is of such seriousness as to warrant suspension of designated activities pending a meeting and a decision of the Board.

PSO Board of Directors Approval Date:

Monday, November 28, 2022

Original policy enacted November 2017
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