Establishing a Tricking Club in Ontario ( Tutorial )

Ontario Sports Club Startup Checklist

1. Define the Club
Identify:

• the sport and geographic area;

• the club’s activities;

• whether minors will participate;

• fees, memberships, sponsorships, and commissions;

• coaches, employees, contractors, and volunteers; and

• any intended affiliation with provincial, national, or foreign organizations.

Do not claim to represent “Team Canada,” a national federation, or a foreign league without written authorization.

2. Choose a Legal Structure

Consider:

• sole proprietorship;

• partnership;

• Ontario corporation;

• federal corporation;

• Ontario not-for-profit corporation; or

• registered charity, if the purposes qualify.

Obtain legal and accounting advice before choosing a structure.

3. Select and Verify the Name

Before using a name:

• search the Ontario Business Registry;

• search federal corporate and trademark records;

• check domain and social-media availability;

• ensure the name does not imply unauthorized government, national-team, Olympic, university, or foreign-league authority; and

• obtain written permission for third-party names, logos, or branding.

4. Register or Incorporate

Register the business or incorporate the organization through the appropriate Ontario or federal process.

A foreign corporation carrying on business in Ontario may require an Ontario licence under the Extra-Provincial Corporations Act, RSO 1990, c E.27.

5. Establish Tax and Financial Systems

Determine whether the club requires:

• a CRA business number;

• GST/HST registration;

• payroll registration;

• corporate tax filings;

• charitable or non-profit filings; and

• municipal tax or licensing accounts.

Use a dedicated bank account. Issue receipts and maintain accurate records of all cash and electronic payments, expenses, sponsorships, grants, payroll, and reimbursements.

6. Confirm Municipal and Facility Requirements

Check requirements for:

• business licensing;

• zoning;

• facility permits;

• occupancy and fire safety;

• accessibility;

• parks and recreation use;

• special events;

• food or alcohol service; and

• signage.

Use written facility agreements.

7. Adopt Governance Documents

Prepare:

• articles and by-laws;

• director and officer appointments;

• signing authorities;

• conflict-of-interest policies;

• financial controls;

• complaint procedures;

• privacy policies;

• record-retention rules; and

• discipline procedures.

8. Obtain Insurance

Consider:

• commercial general liability;

• participant accident insurance;

• directors’ and officers’ liability;

• abuse and molestation coverage;

• professional liability;

• cyber and privacy coverage;

• automobile and travel insurance; and

• workplace coverage.

Confirm that coaches, volunteers, participants, and events are covered.

9. Create a Safe-Sport Program

Adopt a code of conduct addressing:

• abuse and harassment;

• discrimination;

• bullying and hazing;

• sexual misconduct;

• adult–minor boundaries;

• supervision and the Rule of Two;

• travel and accommodation;

• digital communications;

• recording and photography;

• reporting and retaliation;

• conflicts of interest;

• recruitment; and

• financial transparency.

Determine whether the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (UCCMS) applies.

For athletes under 26, comply with Rowan’s Law requirements, including concussion resources, a Concussion Code of Conduct, removal-from-sport procedures, and return-to-sport protocols.

10. Screen and Train Personnel

Before permitting access to participants:

• verify qualifications;

• obtain appropriate police or vulnerable-sector checks;

• check references;

• require safeguarding and first-aid training;

• provide concussion and emergency training;

• establish supervision requirements; and

• renew screening and training periodically.

Do not label a person a volunteer merely to avoid employment obligations.

11. Comply with Employment Requirements

Use written agreements identifying:

• duties;

• compensation;

• hours;

• location;

• reporting relationships;

• confidentiality;

• privacy;

• termination;

• insurance; and

• conflicts of interest.

Review compliance with the Employment Standards Act, 2000, SO 2000, c 41, Occupational Health and Safety Act, RSO 1990, c O.1, Ontario Human Rights Code, RSO 1990, c H.19, and Workplace Safety and Insurance Act, 1997, SO 1997, c 16.

12. Use Accurate Advertising

Advertising must accurately state:

• the legal identity of the operator;

• actual affiliations and approvals;

• fees and refund terms;

• selection criteria;

• services provided;

• travel and immigration requirements;

• employment or scholarship limitations; and

• whether opportunities are guaranteed or competitive.

False or misleading business representations may engage Competition Act, RSC 1985, c C-34, ss 52 and 74.01 or fraud under Criminal Code, RSC 1985, c C-46, s 380.

13. Obtain Participant Agreements

Registration documents should address:

• fees and cancellations;

• emergency medical consent;

• photography and media consent;

• privacy;

• the code of conduct;

• travel and accommodation;

• accessibility needs;

• parental consent for minors; and

• complaints and discipline.

Have waivers reviewed before use. A waiver cannot authorize criminal conduct, abuse, or unlawful discrimination.

14. Establish Financial Controls

Use:

• receipts for all payments;

• dual approval for significant expenses;

• written sponsorship agreements;

• conflict disclosures;

• refund and scholarship policies;

• separation of personal and club funds; and

• regular financial review.

Do not conceal revenue, compensation, commissions, sponsorships, or organizational relationships.

Recruitment-based compensation must be reviewed for compliance with Competition Act, RSC 1985, c C-34, s 55.1.

15. Address International Activities

Before recruiting or sending participants abroad:

• verify immigration and work authorization;

• use written contracts;

• identify the foreign contracting party;

• obtain travel and medical documents;

• disclose all fees and obligations; and

• obtain permission for foreign branding or affiliations.

A club cannot confer immigration status or governmental authority merely by issuing an invitation.

16. Obtain Written Affiliations

Contact the relevant governing bodies and confirm in writing:

• membership;

• sanctioned-event status;

• coach and official certification;

• insurance;

• ranking or selection authority;

• branding rights; and

• complaint and discipline procedures.

If no affiliation exists, state that clearly.

17. Complete a Pre-Launch Review

Before accepting participants or money, confirm that the club has:

• appropriate registration;

• insurance;

• facility authorization;

• tax and payroll systems;

• safeguarding policies;

• screened personnel;

• emergency procedures;

• accurate advertising;

• participant agreements;

• financial controls; and

• a complaints process.

Review compliance annually and whenever the club expands, recruits minors, hires staff, hosts events, or enters cross-border arrangements.

A following is an asset, not a substitute for registration, insurance, accurate advertising, written authority, financial controls, or participant-safety procedures.