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CANADIAN BASKETBALL LEAGUE
Yes Tv Broadcast

Gambling and Game Fixing Policy

CBL Gambling & Game Fixing

Policy

2016-2017

COUNTRY, COMMUNITY, CLUB!

CONTENTS

INTRODUCTION 3

2. APPLICATION 3-4

2.1 APPLICATION OF POLICY 3

2.2 RELEVANT PERSONS 4

2.3 EDUCATION 4

2.4 CODE OF CONDUCT  4

3. PROHIBITED CONDUCT  5-6

4. REPORTING PROCESS  6

5. INVESTIGATIONS 7-8

6. DISCIPLINARY PROCESS 8-12

5.1 ALLEGATIONS OF PROHIBITED CONDUCT 7

5.2 CONFIDENTIALITY AND REPORTING 7-8

5.3 CRIMINAL OFFENCES 8

5.4 PRIVILEGE 8

6.1 COMMENCEMENT OF PROCEEDINGS  8-9

6.2 PROCEDURE OF THE DISCIPLINARY OFFICER 10-11

6.3 APPEALS 11-12

7. SANCTIONS  12-13

8. INFORMATION SHARING 13-14

9. INTERPRETATIONS AND DEFINITIONS 14-16

8.1 INFORMATION SHARING 13

8.2 MONITORING BY BETTING OPERATORS 13-14

8.3 SPONSORSHIP 14

9.1 INTERPRETATION  14

9.2 DEFINITIONS 15-16

APPENDIX A — ATHLETE FRAMEWORK 16

APPENDIX B — COACHES FRAMEWORK 16

APPENDIX C — OFFICIALS AND VOLUNTEERS FRAMEWORK 16

APPENDIX D — CODE OF CONDUCT  17

APPENDIX E- REFEREE ANTI-GAMBLING RULES 19-20

GUIDING PRINCIPLES 17-19

CODE OF CONDUCT 20

1. INTRODUCTION

The Canadian Basketball League (CBL) recognizes that whilst betting may be a legitimate pursuit in certain circumstances, sport must safeguard against illegal or fraudulent betting. Fraudulent betting on sport and the associated game-fixing is an emerging and critical issue globally, for sport, the betting industry and governments alike.

Canadian Basketball League (CBL) and its Member Clubs have an obligation to address the threat of game-fixing and the corruption that flows from it.

Canadian Basketball League (CBL) and its Member Clubs have a zero tolerance for illegal gambling and game-fixing.

Canadian Basketball League (CBL) will engage the necessary technical expertise to administer, monitor and enforce this Policy.

The purpose of the National Policy on Game-Fixing is to:

Protect and maintain the integrity of Canadian Basketball League (CBL) Protect against any efforts to impact improperly the result of any game or event Establish a uniform rule and consistent scheme of enforcement and penalties

The conduct prohibited under this Policy may also be a criminal offence and/or a breach of other applicable laws or regulations. This Policy is intended to supplement such laws and regulations. It is not intended, and should not be interpreted, construed or applied, to prejudice or undermine in any way the application of such laws and regulations. Relevant Persons must comply with all applicable laws and regulations at all times.

2. APPLICATION

2.1 APPLICATION OF POLICY

This Policy is made by the CEO and/or COO and is binding on all Relevant Persons. It may be amended from time to time by the CEO and/or COO.

The CEO and/or COO may, in its sole discretion, delegate any or all of its powers under this Policy, including but not limited to the power to adopt, apply, monitor and enforce this Policy.

By virtue of their ongoing membership, employment or other contractual relationship with Canadian Basketball League (CBL), Relevant Persons are automatically bound by this Policy and required to comply with all of its provisions.

2.2 RELEVANT PERSONS

This Policy applies to any Relevant Person as defined from time to time by the CEO and/or COO. For clarity this includes, but is not limited to:

Coaches

Canadian Basketball League (CBL) staff and volunteer persons who hold governance positions with Canadian Basketball League (CBL) or its Member Administrators Selectors, and Team Support Staff, including but not limited to, doctors, physiotherapists, team managers.

2.3 EDUCATION

All Relevant Persons must complete appropriate education and training programs as directed by Canadian Basketball League (CBL) from time to time.

All Relevant Persons as at the commencement of this Policy must undertake Canadian Basketball League (CBL)’s Gambling and Game-Fixing Education Program.

All persons who become Relevant Persons after the commencement of this Policy must undertake the Gambling and Game-Fixing Education Program as part of their induction:

Prior to competing in any Event or Competition, or Within two months of commencing employment or volunteering with Canadian Basketball

League (CBL) or its Member Clubs.

2.4 CODE OF CONDUCT

In addition to this Policy, all Relevant Persons are bound by Canadian Basketball League (CBL)’s Anti-Game-Fixing Code of Conduct (AGF Code of Conduct) (see Appendix D), as amended from time to time, which is underpinned by the following principles:

Be smart: know the rules
Be safe: never bet on your sport
Be careful: never share sensitive information
Be clean: never fix an event
Be open: tell someone if you are approached

3. PROHIBITED CONDUCT

A Relevant Person to whom this Policy applies must not directly or indirectly, alone or in conjunction with another or others breach this Policy or Canadian Basketball League (CBL)’s AGF Code of Conduct.

The following conduct is a breach of this Policy and is Prohibited Conduct:

Betting, gambling or entering into any other form of financial speculation on any Competition or on any Event, or on any incident or occurrence in a Competition or Event, connected with

Canadian Basketball League (CBL);

Communicating in any way, including by using a mobile phone, computer or other device, information that might give another person an unfair advantage if they were to engage in gambling related to that information, other than as required as part of acquitting official duties; or Participating (whether by act or omission) in game-fixing or attempted game-fixing by:

Deliberately underperforming or ‘tanking’ as part of an arrangement relating to betting on the outcome of, or any contingency within, a Competition or Event; Deliberately fixing, or exerting any undue influence on, any occurrence within any Competition or Event, as part of an arrangement relating to betting on the outcome of, or any contingency within, a Competition or Event;

Inducing or encouraging any Relevant Person to deliberately underperform as part of an arrangement relating to betting on the outcome of, or any contingency within, a Competition or Providing Inside Information that is considered to be information not publicly known and likely to be valuable, such as Team or its members configuration (including, without limitation, the Team’s actual or likely composition, tactics, or the form of individual athletes or their playing or injury status) other than in connection with bona fide media interviews and commitments;

Ensuring, or unduly influencing, that a particular incident, that is the subject of a bet, either does or does not occur;

Providing or receiving any gift, payment or benefit that might reasonably be expected to bring the Relevant Person or Canadian Basketball League (CBL) into disrepute;

Facilitating, assisting, aiding or abetting, encouraging, covering-up or any other type of complicity involving Prohibited Conduct; and Engaging in conduct that relates directly or indirectly to any of the conduct described in this clause 3 above and is prejudicial to the interests of Canadian Basketball League (CBL) or which either brings, or is reasonably likely to bring, a Relevant Person or Canadian Basketball League (CBL) into disrepute.

For the avoidance of doubt, betting, gambling and financial speculation includes payment or reward, whether monetary or not, on, or to influence or effect, the occurrence of an incident or outcome, as well as the receipt of payment or reward whether monetary or not, on, or to influence or effect, the occurrence of an incident or outcome.

Any attempt or any agreement to act in a manner that would culminate in Prohibited Conduct shall be treated as if the relevant Prohibited Conduct had occurred, whether or not the Prohibited Conduct actually occurred as a result of the attempt or agreement to act.

If a Relevant Person knowingly assists or is a party to ‘covering up’ Prohibited Conduct, that Relevant Person will be treated as having engaged in the Prohibited Conduct personally.

Nothing in this clause 3 prevents the CEO and/or COO from enforcing any other rules and regulations or referring any Prohibited Conduct to a relevant law enforcement agency.

4. REPORTING PROCESS

A Relevant Person to whom this policy applies must promptly notify the Chief Executive Officer

(CEO) and/or Director of Basketball Operations of the Canadian Basketball League (CBL) if he:

Is interviewed as a suspect, charged, or arrested by police in respect of conduct that would amount to an allegation of Prohibited Conduct under this Policy Is approached by another person to engage in conduct that is Prohibited Conduct Knows or reasonably suspects that another person has engaged in conduct, or been approached to engage in conduct that is Prohibited Conduct Has received, or is aware or reasonably suspects that another person has received, actual or implied threats of any nature in relation to past or proposed conduct that is Prohibited Conduct.

Notification by a Relevant Person under this clause 4 can be made verbally or in writing at the discretion of the Relevant Person and may be made confidentially if there is a genuine concern of reprisal. However, the CEO and/or Director of Basketball Operations must record the fact of the reporting of Prohibited Conduct and particulars of the alleged Prohibited Conduct in writing within 48 hours of the report from the Relevant Person for presentation to the CEO and/or COO.

Any report by a Relevant Person under this clause 4 will be dealt with confidentially by the Canadian Basketball League (CBL) unless disclosure is otherwise required or permitted under this Policy, by law, in agreements regulating betting, or if the allegation of the Prohibited

Conduct is already in the public domain.

A Relevant Person has a continuing obligation to report any new knowledge or suspicion regarding any conduct that may amount to Prohibited Conduct under this Policy, even if the Relevant Person’s prior knowledge or suspicion has already been reported.

5. INVESTIGATIONS

5.1 ALLEGATIONS OF PROHIBITED CONDUCT

Canadian Basketball League (CBL) will establish a Disciplinary Officer who will have the power to investigate the alleged Prohibited Conduct and determine an appropriate sanction in accordance with this Policy, and will be required to report their findings to the CEO, Director of

Basketball Operations and any relevant law enforcement agency. If the CEO and/or COO receives a report or information that a Relevant Person has allegedly breached this Policy including by engaging in actual or suspected Prohibited Conduct, the CEO and/or COO must, as soon as reasonably practicable refer that report or information and any documentary or other evidence that is available to it in relation to the alleged Prohibited Conduct by the Alleged Offender to the Disciplinary Officer.

The CEO and/or COO may, in its sole discretion, elect to not refer matters to the Disciplinary Officer until after it discloses the allegations of Prohibited Conduct to the Police or other such relevant regulatory agency.

If the CEO and/or COO has referred to the Disciplinary officer a report or information that an Alleged Offender has allegedly breached this Policy including by engaging in actual or suspected Prohibited Conduct, the CEO and/or COO may, in its discretion and pending determination by the Disciplinary officer provisionally suspend the Alleged Offender from any Event or activities sanctioned by Canadian Basketball League (CBL) or a Member Club until the outcome of any Disciplinary officer determination under section 6 of this Policy.

Nothing in this clause 5 prevents the CEO and/or COO from enforcing any other rules and regulations or referring any Prohibited Conduct to a relevant law enforcement agency.

5.2 CONFIDENTIALITY AND REPORTING

To maintain the confidentiality of the process, no Relevant Person, the Canadian Basketball League (CBL), or any other party will publicly announce, comment on or confirm any details of investigations or subsequent hearings or appeals except in accordance with this clause 5.2.

The identity of a Relevant Person against whom a finding of Prohibited Conduct has been made by the Disciplinary officer may only be publicly disclosed after the Disciplinary officer has notified the Relevant Person, Canadian Basketball League (CBL) and any other interested party of its decision. Thereafter, such public disclosure will be by way of an official release by the Canadian Basketball League (CBL) in its sole discretion.

For the avoidance of doubt, in circumstances where a finding is made by the Disciplinary officer against a Relevant Person, and the Relevant Person subsequently appeals, Canadian Basketball League (CBL) is not prohibited from making a public disclosure as set out in this clause prior to the Appeal being finalized.

In circumstances where the Disciplinary officer finds in favour of the Relevant Person against whom allegations of Prohibited Conduct have been made, Canadian Basketball League (CBL) may only make such public disclosure with the consent of the Relevant Person.

The Canadian Basketball League (CBL) must not disclose any specific facts of an allegation of Prohibited Conduct or breach of this Policy prior to determination by a Disciplinary officer.

Notwithstanding this clause, however, a general description of a process that may be instigated under this policy is permissible.

Where any public announcement may be considered detrimental to the wellbeing of a Relevant Person, the CEO and/or COO will determine the most appropriate course of action in its sole discretion based on the circumstances of the Relevant Person.

All parties must maintain all information received in the course of any report, notice, hearing or appeal (other than a notice of decision by the Disciplinary officer or an appeal tribunal) in relation to an allegation of conduct that is Prohibited Conduct as strictly confidential.

Clauses 5.2 (a) to (e) do not apply if the disclosure is required by law or Canadian Basketball League (CBL) determines to refer information to a law enforcement agency.

5.3 CRIMINAL OFFENCES

Any alleged Prohibited Conduct by an Alleged Offender which is considered by the CEO and/or COO as an unlawful offence will be reported to the police force in the jurisdiction the offence is alleged to have occurred and/or the Canadian Federal Police.

5.4 PRIVILEGE

Notwithstanding anything else in this Policy, a Relevant Person who is interviewed under suspicion, charged or arrested by a law enforcement agency in respect of a criminal offence that is, or may be considered to be conduct that is Prohibited Conduct under this Policy shall not be required to produce any information, give any evidence or make any statement to the CEO and/or COO if they establish that to do so would breach any privilege against self-incrimination, or legal professional privilege.

Clause 5.4(a) does not limit the CEO and/or COO from enforcing any other rules and regulations.

6. DISCIPLINARY PROCESS

6.1 COMMENCEMENT OF PROCEEDINGS

The Disciplinary officer will appointed by the Canadian Basketball League (CBL) with appropriate skills and experience. On receipt of a referral from the CEO and/or COO of an actual or suspected contravention of this Policy by an Alleged Offender, the Disciplinary officer must issue a notice to the Alleged Offender detailing:

The alleged offence including details of when and where it is alleged to have occurred The date, time and place for the proposed hearing of the alleged offence which shall be as soon as reasonably practicable after the Alleged Offender receives the Notice Information advising the Alleged Offender of their rights and format of proceedings The potential penalties in the event that the Disciplinary officer makes a finding that the Alleged Offender engaged in the Prohibited Conduct A copy of the referral from the CEO and/or COO and any documentary or other evidence that was submitted to the Disciplinary officer by the CEO and/or COO in relation to the alleged Prohibited Conduct by the Alleged Offender. (‘the Notice’). Within fourteen business days of the date of the Notice, the Alleged Offender must notify the Disciplinary officer in writing of: Whether or not he wishes to contest the allegations, and If the Alleged Offender does not wish to contest the allegations and accedes to the imposition of penalty, he may notify the Disciplinary officer in writing, in which case no hearing shall be conducted and the Disciplinary officer will remit the matter to the CEO and/or COO for the CEO and/or COO’s consideration and imposition of a penalty, or If the Alleged Offender does not wish to contest the allegations, but wishes to make submissions disputing and/or seeking to mitigate the penalty, he must notify the Disciplinary officer either:

That he wishes to make those submissions at a hearing before the Disciplinary officer, in which case, the Hearing will proceed in accordance with clause 6.2 below; or That he wishes to make those submission in writing, in which case the Disciplinary officer will, on receipt of those submissions, remit the matter to the CEO and/or COO for the CEO and/or COO’s consideration and imposition of a penalty (giving due consideration to those written submissions)

If the Alleged Offender does not admit or denies the alleged Prohibited Conduct and notifies the Disciplinary officer that he wishes to contest the allegations, the Alleged Offender, is, by that notice, taken to have consented to the determination of the allegations in accordance with the procedure outlined in this Policy, and if the Disciplinary officer finds that the Alleged Offender breached this Policy including by engaging in Prohibited Conduct, to the imposition of a penalty.

If the Alleged Offender fails to respond to the Notice within fourteen business days of the date of the Notice, the Alleged Offender shall be deemed to have:

Waived their entitlement to a hearing in accordance with this Policy, and Admitted to the Prohibited Conduct specified in the Notice, and Acceded to the imposition of a penalty by the CEO and/or COO, and The Disciplinary officer will remit the Alleged Offender’s Prohibited Conduct to the CEO and/or COO, informing the CEO and/or COO , by notice in writing, of the Alleged Offender’s failure to respond to the Notice and requesting the CEO and/or COO to impose a penalty in the CEO and/or COO’s Discretion in accordance with this clause.

A. Notwithstanding any of the above, an Alleged Offender shall be entitled at any stage to admit they have engaged in the Prohibited Conduct specified in the Notice and to accede to penalties determined by the CEO and/or COO.

6.2 Procedure of the Disciplinary officer

A. This clause applies if the Alleged Offender contests the allegation(s) that he has engaged in the Prohibited Conduct specified in the Notice, and there is a hearing of the allegations by the Disciplinary officer.

B. The purpose of the hearing shall be to determine whether the Alleged Offender has engaged in the Prohibited Conduct specified in the Notice and, if the Disciplinary officer considers that the Alleged Offender has engaged in Prohibited Conduct, for the imposition any penalty in the Disciplinary officer’s discretion.

C. The Disciplinary officer may conduct the hearing as it sees fit and, in particular, shall not be bound by the rules of evidence or unnecessary formality. The Disciplinary officer must determine matters in accordance with the principles of procedural fairness, such as a hearing appropriate to the circumstances; lack of bias; inquiry into matters in dispute; and evidence to support a decision.

D. The hearing shall be inquisitorial in nature and the Disciplinary officer may call such evidence as it thinks fit in its discretion and all Relevant Persons subject to this Policy must, if requested to do so by the Disciplinary officer, provide such evidence as they are able.

E. The hearing must be conducted with as much expedition as a proper consideration of the matters permit. However, the Disciplinary officer may adjourn the proceedings for such reasonable time as it considers it necessary.

F. Notwithstanding the above, the Alleged Offender:

A. Is permitted to be represented at the hearing (at their own expense);

B. May call and question witnesses;

C. Has the right to address the Disciplinary officer to make their case; and

D. Is permitted to provide written submissions for consideration by the Disciplinary officer (instead of or as well as appearing in person). If the Alleged Offender provides any written submissions, the Disciplinary officer must consider those submissions in its deliberations.

G. The hearing shall be closed to the public. Only persons with a legitimate interest in the hearing will be permitted to attend. This will be at the sole discretion of the Disciplinary officer.

H. The Disciplinary officer must determine whether the Alleged Offender engaged in the Prohibited Conduct on the balance of probabilities, and must be “comfortably satisfied” on the weight of the evidence, and bearing in mind the potential serious nature of the allegations and repercussions of any finding.

I. The decision of the Disciplinary officer shall be a majority decision and must be recorded

in writing. The decision must, at a minimum, set out and explain:

A. The Disciplinary officer’s findings, on the balance of probabilities and by reference to

B. If the Disciplinary officer makes a finding that the Alleged Offender engaged in

C. Subject only to the rights of appeal under clause 6.3, the Disciplinary officer’s the evidence presented or submissions made, as to whether the Alleged Offender engaged in Prohibited Conduct, and Prohibited Conduct, what, if any, penalties it considers appropriate.

decision shall be the full, final and complete disposition of the allegations of Prohibited Conduct by the Alleged Offender and will be binding on all parties.

J. If the Alleged Offender or their representative does not appear at the hearing, after proper notice of the hearing has been provided, the Disciplinary officer may proceed with the hearing in their absence.

6.3 Appeals

A. The Alleged Offender, Canadian Basketball League (CBL) and/or the Member Clubs have a right to appeal the decision of the Disciplinary officer.

K. The available grounds of appeal are:

A. Where the decision of the Disciplinary officer is wrong having regard to the

B. Where new evidence has become available;

C. Where natural justice has been denied; or

D. In respect of the penalty imposed.

L. A notice of appeal must be made in writing and lodged with the CEO and/or COO through the CEO, within fourteen business days of receipt by the Appellant of the Disciplinary officer’s written decision. The notice of appeal must specify the grounds for the appeal.

M. Where the CEO and/or COO receives a notice of appeal, the CEO and/or COO must convene an appeal tribunal for the purposes of hearing the appeal (‘the Appeal application of this Policy or the AGF Code of Conduct; Tribunal’). Any hearing of the appeal must be held within thirty days of the notice of appeal being received by the CEO and/or COO.

N. Any decision of the Disciplinary officer that is appealed to the Appeal Tribunal will remain in effect while under appeal unless the CEO and/or COO orders otherwise.

O. The Appeal Tribunal must be appointed by the CEO and/or COO for such time and for such purposes as the CEO and/or COO thinks fit and must:

A. Be comprised of three persons independent of Canadian Basketball League (CBL)

B. include at least one person who has considerable previous experience in the legal

C. not include the initial Disciplinary officer.

P. The hearing before the Appeal Tribunal is not a rehearing of the matter, but a hearing of the issue under appeal only.

Q. The Appeal Tribunal may conduct the appeal as it sees fit. However, any party to the appeal can be represented at and make written and oral submissions to the Appeal Tribunal subject to the discretion of the Appeal Tribunal.

A. The Appeal Tribunal may, in its discretion: with appropriate skills and experience to hear the matter aspects of a disciplinary/hearings tribunal and dispute resolution, and

A. Affirm the decision of the Disciplinary officer and the penalty imposed

B. Affirm the decision of the Disciplinary officer but decide to impose an alternative penalty, or

C. Revoke the decision of the Disciplinary officer and the penalty imposed.

R. The decision of the Appeal Tribunal shall be a majority decision and must be recorded in writing. The Appeal Tribunal’s decision must be communicated to the CEO, appellant and any other person affected by the decision as soon as practicable.

S. The decision of Appeal Tribunal shall be final, non-reviewable, non-appealable and enforceable. No claim, arbitration, lawsuit or litigation concerning the dispute shall be brought in any other court or tribunal. Note: This provision does not prevent any law enforcement agency taking action.

7. Sanctions

A. If a Relevant Person admits they engaged in Prohibited Conduct or there is a finding that a Relevant Person has engaged in conduct that is Prohibited Conduct under this Policy or the AGF Code of Conduct, the CEO and/or COO, the Disciplinary officer or the Appeal Tribunal, as the case may be, may order:

A. The Alleged Offender to be fined, and the amount of such fine;

B. The Alleged Offender to be suspended from participating in any Competition or

C. The Alleged Offender to be banned from participating in any Competition or Event;

D. The Alleged Offender to be reprimanded for their involvement in the Prohibited

E. The disqualification of results, including individual points and prizes, as well as team Event; Conduct; results;

F. The Alleged Offender to lose accreditation to continue their involvement in Canadian

G. The Alleged Offender to be ineligible, for life, from participating in any Competition or

H. The Alleged Offender to be counselled and/or required to complete a course of

I. Subject to the terms and conditions of any contract between Canadian Basketball

T. Notwithstanding the provisions of clause 7(a), the CEO and/or COO, the Disciplinary officer or the Appeal Tribunal may impose any other such penalty as they consider appropriate in their discretion.

U. In addition to the penalties set out above, the CEO and/or COO, the Disciplinary officer or the Appeal Tribunal may impose any combination of these penalties in their absolute discretion taking account of the gravity of the Prohibited Conduct.

V. Further, the CEO and/or COO, the Disciplinary officer or the Appeal Tribunal may, depending on the circumstances of the Prohibited Conduct, suspend the imposition of a penalty in their absolute discretion.

W. All fines received pursuant to this Policy must be remitted to Canadian Basketball League (CBL) for use by Canadian Basketball League (CBL) for the development of integrity programs or as otherwise deemed appropriate by the CEO and/or COO.

X. The Disciplinary officer and the Appeal Tribunal may, in their sole discretion, award costs to a Relevant Person accused of Prohibited Conduct in circumstances where the Disciplinary officer or the Appeal Tribunal makes no finding against them. This is the only circumstance in which costs can be awarded. For the avoidance of doubt, the award of costs to a Relevant Person by the Disciplinary officer is not of itself an appealable decision.

8. Information Sharing

8.1 Information sharing

A. Canadian Basketball League (CBL) may share personal information relating to an Alleged Offender with Betting Operators, law enforcement agencies, government agencies and/or other sporting organizations to prevent and investigate game-fixing incidents.

Y. In sharing information Canadian Basketball League (CBL) will remain bound by the legal obligations contained in the Privacy Act.

8.2 Monitoring by Betting Operators

A. The Canadian Basketball League (CBL) will work with Betting Operators to help ensure the ongoing integrity of the Competitions and Events played under the auspices of Canadian Basketball League (CBL) and Authorized Providers.

Basketball League (CBL);

Event or from any other involvement in Canadian Basketball League (CBL);

education related to responsible gambling and harm minimization; or League (CBL) and the Relevant Person, have that contract terminated.

Z. Relevant Persons to whom this Policy applies must disclose information to Canadian Basketball League (CBL) of all their business interests, and connections with Betting Operators.

AA. Betting Operators will monitor and conduct regular audits of their databases and records to monitor the incidents of suspicious betting transactions (including single or multiple betting transactions or market fluctuations) that may indicate or tend to indicate that Relevant Persons have engaged in conduct that is Prohibited Conduct under this Policy.

BB. In order to enable the Betting Operators to conduct such audits, Canadian Basketball League (CBL) may, from time to time and subject to any terms and conditions imposed by Canadian Basketball League (CBL) (including in relation to confidentiality and privacy), provide to Betting Operators details of Relevant Persons for the purposes of assisting Betting Operators in detecting Prohibited Conduct.

CC. Betting Operators must provide the CEO and/or COO with regular written reports on incidents of suspicious betting transactions (including single or multiple betting transactions or market fluctuations) that may indicate or tend to indicate that Relevant Persons have engaged in conduct that is Prohibited Conduct under this Policy.

DD. All requests for information or provision of information by the Canadian Basketball League (CBL) or a Betting Operator shall be kept strictly confidential and shall not be divulged to any third party or otherwise made use of except where required by law or where information is already in the public domain other than as a result of a breach of this Policy, and all Canadian Basketball League (CBL) contracts agreements with Betting Operators must contain provisions to this effect.

8.3 Sponsorship

A. Canadian Basketball League (CBL) acknowledges that betting is a legal activity, and recognizes that Betting Operators may wish to enter commercial agreements to promote their business.

EE. The Canadian Basketball League (CBL) may enter commercial agreements with Betting Operators from time to time, subject to any applicable legislative requirements.

FF. A Member Club or any Team may enter into a commercial agreement with a Betting Operator only with the written consent of the Canadian Basketball League (CBL). Such consent may be withheld at the discretion of the Canadian Basketball League (CBL) and

specifically where the proposed commercial agreement:

A. Conflicts with an existing commercial agreement held between Canadian Basketball

B. Is with a Betting Operator with whom Canadian Basketball League (CBL) has not League (CBL) and a Betting Operator(s), and/or entered into an integrity agreement as required under the Policy on Game-Fixing in Sport and recognized by the applicable state gambling regulator.

GG. Subject to clause 8.3(c) above, a Relevant Person shall not be permitted to:

A. Enter into any form of commercial agreement with a Betting Operator, or

B. Promote a Betting Operator, or

C. Have any form of commercial relationship with a Betting Operator.

9. Interpretations and Definitions

9.1 Interpretation

A. Headings used in this Policy are for convenience only and shall not be deemed part of the substance of this Policy or to affect in any way the language of the provisions to which they prefer.

HH. Words in the singular include the plural and vice versa.

II. Reference to ‘including’ and similar words are not words of limitation.

JJ. Words importing a gender include any other gender.

KK. A reference to a clause is a reference to a clause or sub-clause of this Policy.

LL. Where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings.

MM. In the event any provision of this Policy is determined invalid or unenforceable, the remaining provisions shall not be affected. This Policy shall not fail because any part of this Policy is held invalid.

NN. Except as otherwise stated herein, failure to exercise or enforce any right conferred by this Policy shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any other occasion.

9.2 Definitions

In this Policy unless the context requires otherwise these words mean:

A. Alleged Offender means a person accused of engaging in Prohibited Conduct under this Policy, prior to a determination by the Disciplinary officer.

OO. Athlete means any person identified within Canadian Basketball League (CBL)’s athlete framework (Appendix A) as amended and updated from time to time.

PP. Authorized Providers means Canadian Basketball League (CBL)‘s Member Clubs, affiliates, or other organizations from time to time that conduct Events (a private event management company operating an Event on behalf of Canadian Basketball League (CBL)).

QQ. Betting Operator means any company or other undertaking that promotes, brokers, arranges or conducts any form of betting activity in relation to Canadian Basketball League (CBL)

RR. CEO and/or COO means the CEO and/or COO of Canadian Basketball League (CBL)

SS. Coaches means any person described in Canadian Basketball League (CBL)’s coach framework (Appendix B) as amended and updated from time to time.

TT. Competition means a Basketball contest, event or activity measuring performance against an opponent, oneself or the environment either once off or as part of a series.

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UU. Event means a one off Competition, or series of individual Competitions conducted by Canadian Basketball League (CBL) or an Authorized Provider .

VV. Gambling and Game-Fixing Education Program refers to the education program developed by Canadian Basketball League (CBL) for ensuring that Relevant Persons are aware of their obligations and the rules surrounding gambling and game-fixing in Basketball.

WW. Disciplinary officer means the league representative appointed to hear and determine allegations of Prohibited Conduct.

XX. Inside Information means any information relating to any Competition or Event that a Relevant Person possesses by virtue of his position within Canadian Basketball League (CBL). Such information includes, but is not limited to, factual information regarding the competitors in the Competition or Event, tactical considerations or any other aspect of the Competition or Event but does not include such information that is already published or a matter of public record, readily acquired by an interested member of the public, or disclosed according to the rules and regulations governing the relevant Competition or Event.

YY. Member Clubs means those entities recognized by Canadian Basketball League (CBL)’s constitution as its member clubs.

ZZ. Official means any person identified within Canadian Basketball League (CBL)’s Officials Accreditation Framework (Appendix C) as amended and updated from time to time.

AAA. Canadian Basketball League (CBL) means Canadian Basketball League (CBL) Limited

BBB. Basketball means the Canadian Basketball League (CBL) and games of basketball as determined by Canadian Basketball League (CBL) and the International Basketball Federation (FIBA) with such variations as may be recognized from time to time and this Policy. Policy means Canadian Basketball League (CBL)’s National Policy on game-fixing as amended from time to time.

CCC. Prohibited Conduct means conduct in breach of clause 3 of this Policy.

DDD. Relevant Person means any of the persons identified in clause 2.2, or any other person involved in the organization administration or promotion of Basketball, whose involvement in gambling would bring Basketball into disrepute.

EEE. Team means a collection of Athletes that competes in CBL Competitions or Events.

Appendix A — Athlete Framework

The Policy on Game Fixing applies to athletes competing in, or registered with: The Canadian Basketball League (CBL)

Appendix B — Coaches Framework

The National Policy on Game Fixing applies to coaches of players in the:

• The Canadian Basketball League (CBL)

Appendix C — Officials and Volunteers Framework

The National Policy on Game Fixing applies to referees, score-table officials, time keepers,

statisticians, game commissioners and volunteers for the:

The Canadian Basketball League (CBL)

Appendix D — Code of Conduct

Anti Game-Fixing Code of Conduct (AGF)

Preamble

Canadian Basketball League (CBL) recognizes that betting is a legitimate pursuit, however illegal or fraudulent betting is not. Fraudulent betting on sport and the associated game-fixing is an emerging and critical issue globally, for sport, the betting industry and governments alike. Accordingly, Canadian Basketball League (CBL) and its Member Clubs have a major obligation to address the threat of game-fixing and the corruption that flows from that. Canadian Basketball League (CBL) and its Member Clubs have a zero tolerance for illegal gambling and game-fixing.

Canadian Basketball League (CBL) has developed a Policy on Game-Fixing (Game-Fixing Policy) to:

• Protect and maintain the integrity of Canadian Basketball League (CBL);

• Protect against any efforts to impact improperly the result of any game;

• Establish a uniform rule and consistent scheme of enforcement and penalties.

A copy of the Game-Fixing Policy can be obtained from Canadian Basketball League (CBL) upon request, and is available on Canadian Basketball League (CBL)’s website. Canadian Basketball League (CBL) will engage necessary technical expertise to administer, monitor and enforce the Game-Fixing Policy.

1. Application

The National Policy, as amended from time to time, includes a defined list of Relevant Persons to whom this code of conduct applies.

2. Sample Code of Conduct Principles/Rules of Behaviour This code of conduct sets out the guiding principles for all Relevant Persons on the issues surrounding the integrity of sport and betting.

Guiding principles

1. Be smart: know the rules

2. Be safe: never bet on your sport

3. Be careful: never share sensitive information

4. Be clean: never fix an event

5. Be open: tell someone if you are approached

1. Be smart: know the rules

Find out Canadian Basketball League (CBL)’s betting integrity rules (set out in the Game-Fixing Policy) prior to each season, so that you are aware of Canadian Basketball League (CBL)’s most recent position regarding betting. If you break the rules, you will be caught and risk severe punishment including a potential lifetime ban from basketball and even being subject to a criminal investigation and prosecution.

2. Be safe: never bet on your sport Never bet on yourself, your opponent or your sport. If you, or anyone in your entourage (coach, friend, family members etc), bet on yourself, your opponent or your sport you risk being severely sanctioned. It is best to play safe and never bet on any events within basketball including:

• Never betting or gambling on your own games or any basketball competitions; including betting on yourself or your team to win, lose or draw as well as any of the different spot bets (such as first point, etc);

• Never instruct, encourage or facilitate any other party to bet on sports you are participating

• Never ensure the occurrence of a particular incident, which is the subject of a bet and for which you expect to receive or have received any reward; and

• Never give or receive any gift, payment or other benefit in circumstances that might reasonably be expected to bring you or basketball into disrepute.

3. Be careful: never share sensitive information As a Relevant Person you will have access to information that is not available to the general public, such as knowing that a team mate is injured or that the coach is putting out a weakened side. This is considered sensitive, privileged or inside information. This information could be sought by people who would then use that knowledge to secure an unfair advantage to make a financial gain.

There is nothing wrong with you having sensitive information; it is what you do with it that matters. Most Relevant Persons know that they should not discuss important information with anyone outside of their club, team or coaching staff (with or without reward) where the Relevant Person might reasonably be expected to know that its disclosure could be used in relation to betting.

4. Be clean: never fix an event

Play fairly, honestly and never fix an event or part of an event. Whatever the reason, do not make any attempt to adversely influence the natural course of an event or competition, or part of an event or competition. Sporting contests must always be an honest test of skill and ability and the results must remain uncertain. Fixing an event or competition, or part of an event or competition goes against the rules and ethics of sport and when caught, you may receive a fine, suspension, lifetime ban from basketball, and/or even a criminal prosecution.

Do not put yourself at risk by following these simple principles:

• Always perform to the best of your abilities;

• Never accept to fix a game. Say no immediately. Do not let yourself be manipulated unscrupulous individuals might try to develop a relationship with you built on favours or fears that they will then try to exploit for their benefit in possibly fixing an event. This can include the offer of gifts, money and support; and

• Seek treatment for addictions and avoid running up debts as this may be a trigger for unscrupulous individuals to target you to fix competitions. Get help before things get out of control.

5. Be open: tell someone if you are approached If you hear something suspicious or if anyone approaches you to ask about fixing any part of a game then you must tell someone at the Canadian Basketball League (CBL) (this person is stipulated in the Game-Fixing Policy) straight away. If someone offers you money or favours for sensitive information then you should also inform the person specified above. Any threats or suspicions of corrupt behaviour should always be reported. The police and national laws are there to protect you. Canadian Basketball League (CBL) has developed the Game-Fixing

Policy and the procedures contained in it to help.

Appendix E — Referee Anti-Gambling Rules

Preamble

The core business of the CBL is athletic competition among professional basketball players. I order for this competition to be attractive and meaningful to fans, it must be honest and fair. The games must have integrity, with the outcomes determined solely by the skills and efforts of the teams and players involved within the rules of CBL basketball and not improper factor. The integrity of CBL referees, who officiate our games is of paramount importance to the publics perception of the CBL.

Betting or wagering on CBL games by referees is inconsistent with fair and honest competition and has no place in our sport. Such betting means the referee has a financial interest in the outcome of a particular game that could lead home or hear to take steps to have the game decided other than on its merits. Any perception by our fans that CBL games are “fixed” would be injurious to our sport, business and the individual career of the referee involved.

Accordingly, all referees are prohibited from betting or wagering on ANY CBL game. This prohibition applies whether or not you are a participant in that particular game. Any violation of this rule subject the referee to expulsion from the CBL.

In addition, because it is critical that referees remain free from improper influences and because gambling can lead to financial problems that can subject a referee to such influences, CBL referees are prohibited from engaging in any gambling or placing bets of any kind. Any violation of this rule will subject the referee to discipline, including termination of his or her employment.

Code of Conduct

A. Referees must not disclose confidential information (officiating schedules, player discipline information, coaches tendencies etc) of any kind at any time.

B. Referees are prohibited fro disclosing their schedule of game assignments to anyone including family, friends and acquaintance (with the exception of immediate family members).

C. Any person who directly or indirectly wagers money or anything of value on the outcome of any game played by a Team in the CBL shall, on being charged with such wagering be given an opportunity to answer such charges after due notice, the decision of the disciplinary officer shall be final, binding, conclusive and unappealable. The penalty for such offence shall be within the absolute and sole discretion of the Disciplinary Officer and may include a fine, suspension, expulsion and/or perpetual disqualification from further association with the CBL and any of its Member Clubs.

D. All CBL referees are prohibited from participating in any gabling or placing bets of any kind, visiting or attending any race track, off track betting establishment, casino or gambling establishment of any kind.

A. Referees may visit and attend a show at a hotel/casino during the off-season so long as the official is not present in the ‘gaming’ area of the hotel/casino.

E. Referees are prohibited from any attempt to fix the result or score of a game of basketball, this provision prohibits any attempt to fix or manipulate the outcome or score of an CBL and will be subject to the following:

A. The disciplinary officer shall direct the dismissal and perpetual disqualification from any further association with the CBL or any of its Member Clubs or any referee found by the Disciplinary officer after a hearing to have been guilty of offering, agreeing, conspiring, aiding or attempting to cause any game of basketball to result otherwise than on its merits.

F. All attempts or offers of a bribe or improper approach to manipulate or affect the outcome or score of a CBL game just immediately be reported to the CEO and/or Director of Basketball Operations of the CBL. Failure to report will be subject to immediate discipline.

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