Purpose

The purpose of this Policy is to ensure that all Directors, Committee Members and Employees of Ontario Basketball (OBA) maintain confidentiality with respect to Confidential Information pertaining to OBA’s operations (including: financial, human resources, and program delivery, and current Employees and community members affected by such).

This Policy is designed to provide guidance for each Ontario Basketball Director, Committee Member and Employee with regard to confidential matters that come to their attention. This Policy’s objective is to address matters of confidentiality in a manner that:

  • Facilitates the operations of OBA and of its Board of Directors and its Committees while maintaining the highest business and ethical standards;
  • Protects the integrity of OBA and the Board and its Committees;
  • Allows for appropriate levels of transparency and accountability in matters handled by Employees and before the Board and its Committees; and
  • Supports the maintenance of effective relationships among Committee Members, Directors, Employees and other stakeholders.

Definitions

“Board” means the Board of Directors of OBA.

“Committee” means a committee established by Ontario Basketball/the Board.

“Committee Members” means members of any Committee.

“Confidential Information” includes information which a reasonable person would believe by its nature to be confidential, and may include financial information, human resources information, and program delivery information, and information about Employees and community members affected by such.

“Meeting” means a meeting of the Board or a Committee, as applicable.

“Policy” means this Confidentiality Policy.

“Employees” means employees of OBA.

OBA” means the Ontario Basketball Association.

Duty of Each Director, Committee Member and Employee

(a) Each Director, Committee Member and Employee owes to Ontario Basketball a duty of confidence not to disclose or discuss with another person or entity, or to use for his or her own purposes, Confidential Information concerning the business, activities and affairs of Ontario Basketball received in his or her capacity as a Director, Committee Member or an Employee unless otherwise authorized by the Board.

(b) Each Director and Committee Member shall not make any statement to stakeholder groups, the media or the public unless such statement is authorized by the Board. Each Employee shall not make any statement to stakeholder groups, the media or the public unless such statement is authorized by the Executive Director. Normally, as required and appropriate:

i) The Executive Director serves as spokesperson for OBA with stakeholder groups, the media or the public; and

ii) The Chair of the Board (or, when requested by the Chair of the Board, the Vice-Chair of the Board) serves as spokesperson for the Board of Directors and Committees of the Board with stakeholder groups, the media or the public.

Confidential Matters

(a) All matters that are the subject of any in camera portion of any Meeting of the Board are confidential until disclosed in an open Meeting of the Board of Directors.

(b) All matters that are before a Committee are confidential unless they have been determined not to be confidential by the Chair of the relevant Committee following consultation with the Chair of the Board and/or the Executive Director. The overall purpose and objectives of this Policy will serve as points of reference in making such determinations.

(c) All Confidential Information acquired or handled by Employees shall be collected, used, stored, transported, transmitted and (as appropriate) destroyed in a manner that is appropriately confidential and secure given the nature of the information and the related circumstances. Confidential Information shall only be disclosed by Employees in a manner that is appropriate given the nature of the information and the related circumstances. Employees shall address any questions or issues regarding the preceding to the Executive Director (and the Executive Director shall address any questions or issues regarding the preceding to the Chair of the Board).

 

Approved March 5, 2018 by Ontario Basketball Board of Directors