Documents Relevant to May 29, 2019 SNC letter

The following documents demonstrate the extent to which SNC’s Actions against Masters Swimming Canada (MSC) were planned and coordinated with its Provincial Sections.

March 24, 2014 – notes from telephone meeting between MSC and SNC (names withheld because, as with many business meeting, notes were not public)

SNC participant: Independence – means MSC would want own registration system.  Integration of systems suggests that MSC wants to merge into SNC.

2015 Alberta by-passes MSC in fee collection

  • Previously Posted MSC Minutes June 11, 2015
    • MSC notified of Alberta disbanded the Masters Committee
    • Swim Alberta informs MSC that it does not recognize MSC and will forward all fees collected from masters directly to SNC.
    • MOU mentioned in the context of flow of funds

May 2016 – SNC-MSC Announce signing of MOU

  • Press Release
    • Text of the MOU was never made public by either party.  When MSO raised the lack of transparency with MSC, the response was the MSO was free to release its members.
    • Expired August 31, 2018.  Unclear if it was renegotiated in 2018 or if there were attempts to renegotiate in 2019
  • Text of the MOU
    • Article 5.6 Information
      • All persons must register or appear in the SNC Database to be considered a member of SNC.
      • Note: Article was used in 2017 to demand the membership lists from BC,  Manitoba, Ontario, PEI.  MSO’s refusal lead to its expulsion in 2017.
        • MSO saw the situation in Alberta where the Masters Committee was prevented from using the mailing list to communicate with masters swimmers. SNC cited unauthorized use of private information.
        • MSO’s membership data could not be surrendered to a third party (SNC) for the same reasons SNC cited in respect of Alberta’s Masters Committee.
    • Article 6.1 Fees
      • authority to set fees refers to the SNC fee.  “SNC will seek input from MSC prior to setting the fee…”
        • Question: the MOU does not end until August 2019.  Did SNC consult MSC on the fee change to $10? (more below)
    • Article 6.2 Remittance
      • The PSO will collect fees and distribute applicable portion to MSC and SNC or just he full amount to SNC. In the event a PSO pays SNC directly [NOTE: e.g., Alberta] SNC will forward MSC portion no later than 7 business days from receipt. 
      • In the event that MSC collects fees on behalf of SNC [NOTE: e.g., MSABC, Manitoba, Ontario], MSC will forward the fees collected to SNC no later than October 31 of each year.

May 29, 2019 – SNC / Swim Ontario Letter

  • Letter issued 3 days AFTER MSC’s National competition in Montreal, thus preventing any discussion amongst the 750+ swimmers in attendance.
  • All letters were co-signed by the heads of the SNC and PSO
  • Same letter went out in every province; sent to clubs in most provinces
  • Letter was coordinate with the release of the rewritten SNC National Registration Procedures and Rules Manual, dated May 31. 2019

June 5, 2019 MSC Open Letter

May 31, 2019 NEW SNC National Registration Procedures and Rules Manual

  • Fee collection was a LONGSTANDING administrative arrangement between MSC and SNC that predates the MOU.  Masters related text in the 2013 Manual remains virtually unchanged until 2016. The administrative arrangement was brought into the 2016 MOU largely because of Alberta’s refusal to forward fees to MSC in 2015.
  • Comment: This is a substantive rewrite of the Manual that would have taken months to consult and coordinate. Article 6.1 of the MOU requires consultation with MSC. Did this happen?
  • Comparison between the 2016 Manual and 2018 Manual shows impact of the MOU and how MSC starts to diminished in the way it is described. Consolidation of authorities into SNC.
  • Comparison between 2018 Manual and 2019 Manual policies
    • Fees
      • 2018 version fees were $4.00 in 2018-19; $4.50 in 2019-20; $5.00 in 2020-21 (page 11)
      • 2019 version  single fee of $10.00 for 2019-20 (page 8)
    • Definition of club change
    • Registration Procedure and Rules for MSC (page 34 in 2018) disappears in 2019 version
    • Registration process for MSC as a Special Interest Group members disappears
      • Page 34 from 2018 referring to MSC is gone in 2019
      •  Page 26 in the 2019 version continues to provide information for the CSCTA, also a Special Interest Group member

June 6, 2019 Swim Ontario Update Email

  • This letter prompted MSO’s own letter to Canadian swimmers and subsequently to MSO membership.

June 13, 2019 SNC Swimmer Update Letter

  • Reference to MOU and the sentence….  “While the specifics of the MOU will not be shared,…..”
  • Reference to Masters membership [with SNC] not affected
  • SNC not collecting MSC fees … “MANDATORY MEMBERHIP with MSC no longer exists.”  [Note: SNC never required membership with MSC, but there was an administrative arrangement regarding the collection of fees through the SNC Registration Manual]