Section 8 - Appeals
8.1.1 The purpose of this section is to make available procedures by which committee decisions may be addressed openly, promptly, and fairly. This section is available to PGA of Canada Professionals, Apprentices, Applicants or Participants in the PGA of Canada’s programs, events, and activities, who may be affected by decisions of the PGA of Canada.
8.1.2 This section applies to decisions made by the PGA of Canada, by committees of the PGA of Canada, and by individuals who are delegated authority to make decisions on behalf of the PGA of Canada. For further clarity, this section will apply to all decisions of the PGA of Canada except:
a) Decision made based on Rules of Golf;
b) Matters that are decided by and within the jurisdiction of the general membership of the PGA of Canada, such as enactment and amendment of the Bylaws, and approval and revision of Competition Rules;
c) Those decisions which are required of or imposed by outside authorities or agencies such as (but not limited to) Sport Canada, Coaching Association of Canada, Canadian Centre for Ethics in Sport, World Anti-Doping Agency, Sport Dispute Resolution Centre of Canada, or Industry Canada;
d) Matters arising during events organized by entities other than the PGA of Canada, which are dealt with by the policies of those entities;
e) Decisions relating to operational structure, staffing or employment;
f) Decisions about allocation of volunteer appointments and the withdrawal of those appointments;
g) Matters of budgeting and budget implementation, and
h) Decisions of a commercial nature for which another dispute resolution mechanism exists.
8.1.3 Disputes within a Zone Association may be heard under this section based on procedural or merit grounds, where the parties to such a dispute and the PGA of Canada, in its sole discretion, agree.
8.1.4 The Independent Third Party of the PGA of Canada will administer appeals under this policy. This individual has an overall responsibility to ensure procedural fairness and timeliness are always respected in the appeals process and more particularly, has a responsibility to:
a) Receive appeals;
b) Determining if appeals lie within the jurisdiction of this Policy;
c) Determine if appeals are brought within 14 days of the decision;
d) Determine if appeals are brought on permissible procedural or merit grounds;
e) Appoint the Appeal Committee (and Chair) to hear and decide appeals;
f) Determine the format of the appeal hearing;
g) Provide administrative assistance and logistical support to the Appeal Committee as required, and
h) Provide any other service or support that may be necessary to ensure a fair and timely appeal proceeding.
8.1.5 If the Independent Third Party is unable or unwilling to serve as Administrator, an alternate Administrator will be designated by the Chief Executive Officer.
8.1.6 Persons who wish to appeal under this policy will submit written notice to the Independent Third Party indicating their intention to appeal, the reasons and grounds for the appeal, a summary of evidence to support the appeal, and the remedy requested. This notice must be submitted within 14 days of notification of the PGA of Canada’s decision that is being appealed.
8.1.7 Decisions may only be appealed on procedural or merit grounds, which are limited to:
a) Failing to follow procedures as set out in this Code;
b) Making a decision which was influenced by bias;
c) Exercising discretion for an improper purpose;
d) Making a decision which was grossly unreasonable; and,
e) Any other grounds which are deemed sufficient.
8.1.8 If the Independent Third Party is satisfied that the appeal may proceed, then a Hearing before an Appeal Committee will take place. The Independent Third Party will appoint an Appeal Committee to hear and decide the appeal. The members of the Appeal Committee will have had no involvement in the matter that is under appeal and will have no connection or relationship with the parties involved in the appeal.
8.1.9 The Hearing will be governed by the procedures and timeliness that the Appeal Committee deem appropriate in the circumstances. The Appeal Committee will have authority to rule in the event of any dispute about procedure, timeliness, format of the appeal, disclosure of documents and participations of witnesses and other persons in the hearing.
8.1.10 After the Hearing, the Appeal Committee will issue a written decision with reasons. The Appeal Committee may decide:
a) To reject the appeal and confirm the decision being appealed, or
b) To uphold the appeal, identify the error and refer the matter back to the ITP and PGA of Canada for a new decision, or
c) To uphold the appeal and vary the decision but only where the Appeal Committee has determined that the error or errors cannot be corrected by the PGA of Canada due to lack of clear procedures, lack of time, or lack of neutrality.
8.1.11 The appeal process is confidential involving only the parties, the Independent Third Party, and the Appeal Committee. Once initiated and until a written decision is released from the Appeals Committee to the parties involved, the parties will not disclose confidential information relating to the appeal to any person not involved in the proceedings.
8.1.12 Decisions of the Independent Third Party rendered under Section 8.1.4 and the decision of the Appeal Committee rendered under Section 8.1.10, will be final and binding upon the parties and upon the PGA of Canada, subject only to any review that may be permitted under the rules of the Sport Dispute Resolution Centre of Canada.
8.1.2 This section applies to decisions made by the PGA of Canada, by committees of the PGA of Canada, and by individuals who are delegated authority to make decisions on behalf of the PGA of Canada. For further clarity, this section will apply to all decisions of the PGA of Canada except:
a) Decision made based on Rules of Golf;
b) Matters that are decided by and within the jurisdiction of the general membership of the PGA of Canada, such as enactment and amendment of the Bylaws, and approval and revision of Competition Rules;
c) Those decisions which are required of or imposed by outside authorities or agencies such as (but not limited to) Sport Canada, Coaching Association of Canada, Canadian Centre for Ethics in Sport, World Anti-Doping Agency, Sport Dispute Resolution Centre of Canada, or Industry Canada;
d) Matters arising during events organized by entities other than the PGA of Canada, which are dealt with by the policies of those entities;
e) Decisions relating to operational structure, staffing or employment;
f) Decisions about allocation of volunteer appointments and the withdrawal of those appointments;
g) Matters of budgeting and budget implementation, and
h) Decisions of a commercial nature for which another dispute resolution mechanism exists.
8.1.3 Disputes within a Zone Association may be heard under this section based on procedural or merit grounds, where the parties to such a dispute and the PGA of Canada, in its sole discretion, agree.
8.1.4 The Independent Third Party of the PGA of Canada will administer appeals under this policy. This individual has an overall responsibility to ensure procedural fairness and timeliness are always respected in the appeals process and more particularly, has a responsibility to:
a) Receive appeals;
b) Determining if appeals lie within the jurisdiction of this Policy;
c) Determine if appeals are brought within 14 days of the decision;
d) Determine if appeals are brought on permissible procedural or merit grounds;
e) Appoint the Appeal Committee (and Chair) to hear and decide appeals;
f) Determine the format of the appeal hearing;
g) Provide administrative assistance and logistical support to the Appeal Committee as required, and
h) Provide any other service or support that may be necessary to ensure a fair and timely appeal proceeding.
8.1.5 If the Independent Third Party is unable or unwilling to serve as Administrator, an alternate Administrator will be designated by the Chief Executive Officer.
8.1.6 Persons who wish to appeal under this policy will submit written notice to the Independent Third Party indicating their intention to appeal, the reasons and grounds for the appeal, a summary of evidence to support the appeal, and the remedy requested. This notice must be submitted within 14 days of notification of the PGA of Canada’s decision that is being appealed.
8.1.7 Decisions may only be appealed on procedural or merit grounds, which are limited to:
a) Failing to follow procedures as set out in this Code;
b) Making a decision which was influenced by bias;
c) Exercising discretion for an improper purpose;
d) Making a decision which was grossly unreasonable; and,
e) Any other grounds which are deemed sufficient.
8.1.8 If the Independent Third Party is satisfied that the appeal may proceed, then a Hearing before an Appeal Committee will take place. The Independent Third Party will appoint an Appeal Committee to hear and decide the appeal. The members of the Appeal Committee will have had no involvement in the matter that is under appeal and will have no connection or relationship with the parties involved in the appeal.
8.1.9 The Hearing will be governed by the procedures and timeliness that the Appeal Committee deem appropriate in the circumstances. The Appeal Committee will have authority to rule in the event of any dispute about procedure, timeliness, format of the appeal, disclosure of documents and participations of witnesses and other persons in the hearing.
8.1.10 After the Hearing, the Appeal Committee will issue a written decision with reasons. The Appeal Committee may decide:
a) To reject the appeal and confirm the decision being appealed, or
b) To uphold the appeal, identify the error and refer the matter back to the ITP and PGA of Canada for a new decision, or
c) To uphold the appeal and vary the decision but only where the Appeal Committee has determined that the error or errors cannot be corrected by the PGA of Canada due to lack of clear procedures, lack of time, or lack of neutrality.
8.1.11 The appeal process is confidential involving only the parties, the Independent Third Party, and the Appeal Committee. Once initiated and until a written decision is released from the Appeals Committee to the parties involved, the parties will not disclose confidential information relating to the appeal to any person not involved in the proceedings.
8.1.12 Decisions of the Independent Third Party rendered under Section 8.1.4 and the decision of the Appeal Committee rendered under Section 8.1.10, will be final and binding upon the parties and upon the PGA of Canada, subject only to any review that may be permitted under the rules of the Sport Dispute Resolution Centre of Canada.