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FIFA Directive Impacts all Provincial/Territorial Soccer Associations and their Members
2015-05-26
REGINA - IN its 11 May 2015 decision in Regina Soccer Association Inc. v. Saskatchewan Soccer Association Inc., the Saskatchewan Court of Queen’s Bench, in line with courts in other provincial jurisdictions, delivered a definitive statement concerning how disputes between individuals and bodies within a nonprofit sport association should be handled. In short, the Court will not hear such cases until the disputants have exhausted every possible internal process that is available to them to resolve their differences. As of May 2, 2015, this same principle has been affirmed by Canada Soccer, as directed by FIFA, in Section 2.01 D i. d) of the Canada Soccer By-laws. Section 2.01D i. d) requires each of its (provincial/territorial) member associations, as an obligation of membership, to:
“...adopt by December 31st 2016 a clause inserted in the by-laws or regulations of the Member, specifying that the Association, its members, Leagues and Clubs, players, and officials shall use the mediation/arbitration provisions in these By-laws as their exclusive remedy to resolve any and all disputes or disagreements between them and each waives any and all resort to the ordinary courts of each province and territory, including the federal courts.”
As directed by an earlier FIFA ruling, the SSA has had such a provision in its by-laws for a number of years: Section 22.1.1 of the SSA By-laws states:
"Any recourse to the courts of any jurisdiction in a dispute by any Member before all rights of appeal and all the rights and remedies of the By-laws of the SSA have been exhausted, shall be deemed a violation and breach of these By-laws, and shall result in automatic indefinite suspension from the SSA.”
The SSA takes this opportunity to remind all Member Organizations that they must comply with all duties arising from the By-laws, policies and directives of the SSA including Section 22.1.1, and that failure to do so may lead to sanctions as per Article 6.1.1.a.
“...adopt by December 31st 2016 a clause inserted in the by-laws or regulations of the Member, specifying that the Association, its members, Leagues and Clubs, players, and officials shall use the mediation/arbitration provisions in these By-laws as their exclusive remedy to resolve any and all disputes or disagreements between them and each waives any and all resort to the ordinary courts of each province and territory, including the federal courts.”
As directed by an earlier FIFA ruling, the SSA has had such a provision in its by-laws for a number of years: Section 22.1.1 of the SSA By-laws states:
"Any recourse to the courts of any jurisdiction in a dispute by any Member before all rights of appeal and all the rights and remedies of the By-laws of the SSA have been exhausted, shall be deemed a violation and breach of these By-laws, and shall result in automatic indefinite suspension from the SSA.”
The SSA takes this opportunity to remind all Member Organizations that they must comply with all duties arising from the By-laws, policies and directives of the SSA including Section 22.1.1, and that failure to do so may lead to sanctions as per Article 6.1.1.a.