LIABILITY ISSUES FOR ROTARY CLUBS Risk Management 2004 District 7810 Conference

1. LIABILITY ISSUES FOR ROTARY CLUBSRisk Management2004 District 7810 Conference G.R.BASQUE, Q.C. MONCTON ROTARY CLUB May 15 2004

2. Housekeeping: • Only scratching the surface • No time to go into any depth on any subject • Do not consider this as legal advice • Specific advice will depend on specific situation • Congrats to Convention Committee for their initiative • Don’t shoot the messenger • This is why people hate lawyers! • Something to think about

3. WHAT! I’m being sued? • Society is increasingly litigious • People more and more prepared to sue • Even Canadians • People are more aware of their rights • Lawyers take “shotgun approach” • “Deep pockets” thinking • Cost of defence can outstrip damages • No “charitable” exemption in Canada SUED FOR WHAT?

4. Potential Liabilities • Weekly meetings • Food poisoning • Injury • Theft of goods • Defamation by a speaker / member • Human Rights violation • Sexual harassment by a member • Hotel / Restaurant staff • Club staff • Other member

5. Potential Liabilities • Youth exchange • Injury or death • In the course of a Rotary activity • On the way to the meeting in Rotarian’s vehicle • In a host family vehicle, at the host’s home, on a host family activity • DUI, swimming pool accident, etc. • Serious illness • Accusation of assault on the student by a Rotarian • Host parent / sibling • Accusation of harmful activity by the student • Against a Rotarian or a Rotarian’s family • Against a third party • Improper supervision • Pregnancy, STDs, alcohol, drugs, criminal activity

6. Potential Liabilities • Group study exchange • Injury or death • Serious illness • Improper conduct by a Rotarian • Improper conduct by the exchange member • Criminal • Tort • Other • Against a Rotarian’s family • Against a third party

7. Potential Liabilities • Employees • Termination • Constructive dismissal • Harassment by officer or director • Source deductions for C.P.P., E.I. and income tax not remitted to Revenue Canada • Motor vehicle accident of a Rotarian in the course of doing work for the Club • DUI • Contracts or checks not signed properly • Overreaching in contracts • Potential liability to members

8. Potential Liabilities • Fundraising or other club activities • Failure to meet commitments • Debts to funding partners • Injury during the activity • Injury as a result of the activity • Food poisoning • Defective product • Host liability issues • Accident with DUI as a result of consumption at the activity • Defamation • Human Rights violations • Privacy issues • Environmental problems caused by the activity

9. Potential Liabilities • Privacy issues • Now a major consumer concern • Are you privacy compliant? • Web site • Files • Information collected during fundraising activities • Canada: PIPEDA; US: Safe Harbor Legislation • “Commercial Activity means any particular transaction, act or conduct or any regular course of conduct that is of a commercial character, including the selling, bartering or leasing of donor, membership or other fundraising lists”

10. Potential Liabilities • Director’s liabilities • Source deductions • G.S.T. \ Sales taxes • Certain wages due to employees • Breach of statutory obligations • Filing annual returns, tax returns, etc. • Breach of common-law obligations • CARE, SKILL, PRUDENCE, DILIGENCE, HONESTY, AND GOOD FAITH • Exceeding authority in bylaws

11. HOW’YA DO’IN

12. Liability Solutions • Incorporate • Unincorporated association means potential liability for individual members • Insurance cannot cover everything • Insurance • Blanket liability and/or specified perils • Motor vehicle (excess) • Directors’ liability • Health • Students, exchange members • Have a broker do an insurance review

13. Liability Solutions • Weekly meetings • Insure location has insurance • Is it wheelchair accessible? • Rotarians and host families who interact with students and exchange members • Should be screened • Consider police checks • Should there be training? • How to handle difficult cases • Alcohol issues • Should they enter into a “contract”? • Should you ever be one-on-one?

14. Liability Solutions • Structural safeguards • Don’t leave coat check, valuable equipment, etc. unattended • Policy issues • Code of conduct • State unequivocally principles of mutual respect, zero tolerance of harassment, etc. • Fixed term contracts for employees • Make sure Revenue Canada is paid first, employees second

15. Liability Solutions • Careful of the contracts you take on • Understand how contracts and cheques are to be signed: • “Your Rotary Club Inc. Per: President Per: Treasurer”

16. Liability Solutions • Director’s liability • Insurance • None available for environmental issues!! • Indemnity clause in bylaws • Annual ratification motion • Stay within authority of bylaws • Understand director’s obligations • Get a lawyer to do a session for you • Declare conflicts of interest • Watch statutory obligations • Remittances, annual returns, environment • Not just for your CV: Read your materials! Go to meetings!

17. Liability Solutions • Report environmental issues, if they happen • Deal with harassment issues immediately • Deal with Human Rights issues immediately • Have a lawyer do a “liability check-up” • Do a “privacy check-up” • Are your databanks secure? • Electronic and paper • Are your files secure • Members’ financial information

18. Questions?

19. FORBES ROTH BASQUE L A W Y E R S - A V O C A T S P.O. Box 480 Suite\Pièce 300 – 814 Main Moncton (N.B.) E1C 8L9 Tel: 506 857 4880 Fax: 506 857 0151 grbasque@forbesrothbasque.nb.ca