March 14, 2009

To All OSRA Members:

As many of you are aware, the Ontario Soccer Association has announced that, beginning with the 2009 registration year, referees must sign a “waiver” in order to complete the registration process. For months following the original announcement in the fall of 2008, the OSRA tried to obtain more information about what the waiver would include. Andrew Backer, Manager of the OSA Referee Development Department, repeatedly refused to provide a copy and also stated that there would be no consultation with the OSRA. The fact that we are an associate member of the OSA was completely ignored.

Finally, after releasing the waiver to District Referee Coordinators on February 9, 2009, Andrew provided a copy to the OSRA on February 10^th. The OSRA responded with comments to Andrew, outlining deficiencies in the document from a referee’s point of view. Subsequently the OSA modified some of the wording. Despite these changes, the OSRA feels that there are significant deficiencies that need to be rectified; I informed Andrew of this and offered to work cooperatively with him to find a solution. Unfortunately, Andrew responded unequivocally that there would be no further changes and no discussion.

Late yesterday afternoon, the OSA opened up the registration process even though the new on-line system is not working. DRCs were asked to communicate with all referees about how to register and what they must sign. Since the process has been so delayed this year, the deadline for registering without penalty has been extended until May 1^st.

The registration form and waiver can be downloaded from the OSA website. You may also look on the OSRA website. I encourage those interested to take a look at the waiver so that you can form your own opinion about the issues it raises. From my perspective, there are 4 major concerns:

• The definition of the “Organization” is entirely too broad;
• The Organization is attempting to absolve itself of liability in the event of its negligence;
• It requires agreement that the referee’s signature is a voluntary action, even though it has been made clear that a referee cannot register without signing this waiver; and
• There is insufficient clarity that this does not apply to cases of referee assault.

If any of you is a lawyer or has a lawyer friend who would be willing to offer observations, I would be pleased to receive additional views to complement those already received from lawyers who have seen the document.

Your Executive is discussing how to approach this situation now that the OSA has moved forward unilaterally. Since there are still 6 weeks until a penalty may be incurred for late registration, I encourage all members to hold off until we can develop a reasonable and cohesive strategy that will meet the needs of referees.

Several Branch Presidents have provided comments and an assessment of the feelings of their members. It would help the Provincial Executive in its deliberations to hear from all Branches. Please respond as soon as possible.

This message is being sent to all Branch Presidents and Secretaries for distribution to Branch members. Please ensure that it is passed along as soon as possible; I would appreciate being copied on those further distribution messages.

Thanks for your support as we work towards more reasonable treatment by the OSA. Yours in soccer,

Original signed by

David Cope

President