For-profit sports face tougher liability rules
As province eases COVID-19 insurance restrictions for non-profits, many business left in limbo
The risk of catching or transmitting COVID-19 has kept much of the world in a social lockdown for months.
Another risk has kept British Columbians from their sports and recreation even as the province slowly reopens: one of liability.
The concern over liability related to COVID-19 was a major roadblock in sports organizations returning to action — insurers were refusing to cover leagues and associations — until the provincial government issued a Ministerial Order last week, ensuring “directors, officer, volunteers and staff of not-for-profit amateur sport organizations are not held liable for damages caused by exposure to COVID-19, provided they are complying with provincial health officer orders.”
Note the three key words: “not-for-profit.” Any other organizations, like soccer’s TSS Academy, are left out in the cold.
“(The Ministerial Order) has opened the can of worms with the for-profit (organizations), everywhere,” said TSS co-owner Colin Elmes.
“They’re looking to cover the volunteer person who’s given their time and energy to whatever sport, and ends up getting exposed or somebody gets sick … and next thing you know the poor volunteer is getting wrapped up in some sort of lawsuit. And I certainly wouldn’t want to wish that upon anybody who’s volunteering their time and sport. I get that part.
“I just wouldn’t have minded somebody coming to me and saying, ‘Hey guys, sorry, you’re actually not involved in this.’
“Because of the speed of all of this, and all the moving parts, I don’t think this was malicious by any means, but it’s certainly an oversight.”
Non-profit organization Viasport has developed the return-to-play guidelines at the direction of the B.C. government, providing the broad guidelines and restrictions that follow the reopening protocols set by provincial health officer Dr. Bonnie Henry.
Both Viasport and the provincial regulators are still looking into the matter of forprofit versus NFP organizations, but it’s a complex issue that extends beyond the boundaries of sports.
The issue is just a singular symptom facing sports and recreation organizations as the complex morass of relaxing stringent physical distancing guidelines goes through its cause-and-effect contortions, like a game of legal Whack-A-Mole.
Even with the issues, teams, leagues, organizations and associations are all glad to be released from their virtual house arrests to be able to get active again.
“It’s also nice to get back on the floor and actually train,” said Thomas Staron, owner and coach at 3D Basketball Academy in North Vancouver.
“Kids are pretty excited to get back to the gym … and that’s probably the best part. Everyone gets to see each other again, the familiar faces, the coaches, the teammates. It makes a big difference.
“It’s difficult to have the same kind of motivation when you don’t have your coach or teammates pushing you. It’s been good to get back.”
The 3D academy has only recently started conducting outdoor conditioning training sessions, and opened the doors to the gym this week, where athletes can take part in individual shooting and ball-handling drills, but not much else.
Balls can’t be shared — so no passing — equipment and common areas have to be disinfected between sessions, and athletes have to sanitize their hands before and after each practice.
Each sport — basketball, soccer, baseball, etc. — has individualized protocols depending on how equipment and facilities are used, which sometimes don’t make sense.
“I think the biggest thing is there is no real set of rules,” said Staron.
“Every sport is handling it differently. For example, basketball, we’re not allowed to share equipment, yet volleyball … they’re all sharing a ball.
“There’s no streamlined set of rules. One sport can do one thing, and another can’t do one thing, so (the rules,” he continued.
The sports lockdown hasn’t had the disastrous impact predicted in mid-March, when future registration number forecasts were all doom and gloom.
Tanya Foley, an executive member with the Vancouver Thunderbirds, said that the hockey club’s registration numbers have been “incredibly strong,” especially with the number of players who are returning.
“Associations are reporting up to a 98 per cent retainment level, and for our Thunderbirds club, we are already close to full capacity in most age divisions,” she said.
“This is higher than usual for this time of year as people are more aware than ever how important the social interaction is that their children receive from sport.
“Mental health is a critical part of parents’ focus right now and having something they know will be safe and fun to look forward to is part of the solution to coming through the impact of COVID19.”
The parents will also be able to take care of their own mental health, as the Vancouver park board opened its facilities for permit use again.
On July 1, sports teams and child care programs will be able to reserve sport fields, diamonds and courts for modified training, camps and play.
“Now that we are resuming our operations … the restart of our permitted use of outdoor sports facilities will allow for over 40,000 participants to get back on track,” said Daisy Chin, the park board director of recreation.
“Between July and August is typically our busiest time and our facility use during that time is almost at its maximum. We tend not to have a lot of our bookable fields and amenities sitting empty,” she added.
“We also recognize how important outdoor activity is and allowing for people — especially kids — to get outside for physical and mental wellness in terms of being able to enjoy the summer, right, instead of being in an 800-square-foot apartment,” she said.
“I think we all recognize that when you’re outdoors and feeling that fresh air … it’s better than being indoors, and certainly we’ve had that experience for the last threeand-a half-months now.”