Arbitration rulings overturned
In February 2017, arbitration held under the auspices of the Sport Dispute Resolution Centre of Canada (SDRCC) pertaining to the election of the Cricket Canada Board of Directors last May 2016 led to a number of rulings. These included an order to hold new elections for all board positions, and various stipulations in regard to the holding of elections. Cricket Canada has respected these rulings in the conduct of the elections held in May 2017, but disputed the authority of the arbitrator to direct Cricket Canada to amend its bye-laws to put in place specific governance measures.
Cricket Canada therefore sought a legal ruling on these matters. The specific measures disputed were the following decisions:-
• Any person having a role in the selection of the members of the Nomination Committee shall be prohibited from running in the elections;
• Any Provincial Director, or any other person with voting rights by virtue of their position, who intends to run in the elections must resign from his or her position before the elections are held;
• Any offer, suggestion or promise of a benefit by a person running in the elections to a voter is prohibited;
• All necessary amendments to the bylaws shall be made to meet complete compliance with the Not-for-profit Corporations Act and with the findings of this award.
In a hearing of the Ontario Superior Court of Justice, the judge ruled that these portions of the award were outside the scope of the arbitration agreement, and set them aside.
Cricket Canada currently is in compliance with the Not-For-Profit Corporations Act following bye-law revisions made at a meeting held in Winnipeg on March 5, 2017 (before the original decision was made by the arbitrator). Irrespective of this ruling, Cricket Canada is committed to continually reviewing its internal governance in order to ensure compliance with the requirements of the Not-For-Profit Corporations Act, and those of national and international sporting bodies.
Cricket Canada President Ranjit Saini said:-
“I am very much pleased that we were able to see this through.We are here to improve governance standards as well as helping cricket to develop at all levels in Canada, reflected in top performances by our national teams.”