Soo Pee Wee Hockey League 285 Northern Avenue East Sault Ste Marie ON P6B 4H9 P: 705-253-3581 F: 705-575-4625 Email: [email protected] Web: www.soopeewee.ca

June 11th, 2015

RE: Soo Pee Wee Hockey League Appeal

Dear Mr. McKee

Please be advised that we are in receipt of the Northern Hockey Association memorandum dated the 02nd June 2015. After reviewing the document, there is clear evidence that the author does not understand the release policy for which the reasons remain unknown.

The following are definitions provided by the three governing bodies, Hockey , the Ontario Hockey Federation and the Northern Ontario Hockey Association.

Branch - A geographic subdivision of Hockey Canada empowered to conduct amateur hockey within its jurisdiction. Branches are full members of Hockey Canada. The OHF is the recognized Hockey Canada Branch within the geographic territory of the OHF as defined by Hockey Canada Article 4.8. (OHF – Part III – Regulations – Definitions)

Club – means a local Minor Hockey Association operated and controlled by a duly elected Executive or Board of Directors. (Hockey Canada By-law - Definitions)

Home Branch - means where a Player resided and was last registered to play Minor Hockey prior to registering to play Junior hockey. (Hockey Canada Regulation – Definition A - 18.)

Home Centre - means for minor hockey, a program for which a player is eligible to participate in by residence or other Regulations. (Ontario Hockey Federation – Definition.)

Member Partners - Organizations that are members of the OHF as per Partner the OHF Constitution. Current Member Partners are Greater Hockey League (GTHL), Northern Ontario Hockey Association (NOHA), Minor Hockey Alliance of Ontario (Alliance), Ontario Hockey Association (OHA), Ontario Hockey League (OHL), Ontario Minor Hockey Association (OMHA), and Ontario Women’s Hockey Association (OWHA). (NOHA – Glossary) Registered Participants – Any person, Club, team, Association, league, Sports School, Residential School or similar entity registered with Hockey Canada or any of its Members, or any person, affiliated with or associated with, in any capacity whatsoever, any Club, team, league, Sports School, Residential School or similar entity participating in games or activities of any kind sponsored or organized by Hockey Canada or any of its Members, including but not limited to the parents or legal guardians of any minor aged participant registered in Hockey Canada programming, shall nor have membership status within Hockey Canada but, rather, shall be referred to throughout these By-Laws as a “Registered Participant”. (Hockey Canada By-Law – 14.1)

Release - Means the unconditional discharge of a Player from Team or Club registration. (Hockey Canada Regulation – Definition A – 31.)

Release - The unconditional release of a player from a team authorized by the Official signing officers of that team/ association/club. The Branch or Member Partner has the right, at its discretion, to place conditions on a release as per Hockey Canada Regulations. (Ontario Hockey Federation – Definition.)

Teams – for registration purposes: 1. a) A group of team Officials, at least one of whom must be a Coach, with all coaches meeting Branch certification and Speak Out requirements and one of whom must be qualified in the Hockey Canada Safety Program (HTCP in Ontario), (Does not apply to Senior Championship competition, at the discretion of the individual Branches). And either b) i. a group of not less than fifteen (15) registered Players, at least two (2) of whom must be Goaltenders, who are qualified in one (1) Division and Category under Hockey Canada regulations governing age, and other regulations up to the maximum number provided by Hockey Canada regulations for Teams eligible for the Regional or National Championship. 2. It is the responsibility of the Branch to ensure that every Team competing in a series conducted by Hockey Canada shall be registered with Hockey Canada. (Hockey Canada Regulation – E. Teams, Clubs and Affiliations – 1)

A search of the following, the word “territory” and “zone” was conducted. Both words could not be located in the NOHA glossary, although we did locate “zone” in a 2012 bulletin, suggesting, “Zone” means “District.”

In the memorandum, the NOHA refers to the Hockey Canada Regulation F1. It is quite convenient to the NOHA, to quote only a brief portion of the section. This section clearly provides direction to the registration of players within the NOHA boundaries.

Hockey Canada Regulations

H.C. - F. Players- Residential Qualifications

1. It shall be the obligation/responsibility of all Branches under the authority of Hockey Canada, in their sole and unfettered discretion, to implement registration regulations for the formations of Teams within their Branch. 2. A) Players must play in the Branch where their Parent(s)/court appointed guardian(s) reside. B) Regulation F.2 (a) does not apply to Players registered in a Residential School (as defined in Regulation A) if they register with one (1) of that Residential School’s hockey teams. 3. In reference to F.1, F.2 (a) and F.5, residence is established by: a. The Parents’ usual residence when Parents live in the same house, or if one of the Parents is deceased, the usual residence of the surviving Parent. b. In cases where Parents do not live in the same residence, the legal residence is the usual residence of the Parent having legal custody of the Players; or, if both Parents have legal custody, the usual residence of the Parent with whom the Player usually lives; or again, if the Player lives equally with both Parents, his place of residence shall be determined by the Branch. c. When legal custody has been granted to a third person, the usual residence of that person. NOTE: the term “usual residence” is defined as four (4) out of seven (7) days. NOTE: In the application of the above, the term “legal custody” and / or “legal guardian” refers to the granting of custody as determined by a Court of Law in one of the following circumstance: I. The application of the Divorce Act, II. In the case of an order enforcing or recognizing a legal separation agreement, III. Loss of Parental authority, IV. When it is deemed the child’s development is compromised, V. When both (2) parents are deceased, VI. Married, or the equivalent of married. 4. A) Hockey Canada, in its sole and unfettered discretion under powers vested in it by By-Law Fifty-Seven may, on application made by or on behalf of any Player, deem such Player to be resident in a Branch other than that where his Parent is resident and Hockey Canada’s decision in this regard shall be final and binding. b) A Branch, in its sole and unfettered discretion may, on application made by or on behalf of any Player, deem such Player to be resident in a place within the Branch other than that where his Parent is resident and the Branch’s decision in this regard shall be final and binding.

This section specially addresses the “residency rule.” The OHF (Branch) has established geographical boundaries to its member partner (NOHA). Within these geographical boundaries, the NOHA has established Districts. These District have separate catchment areas, ours is better known as “Sault Ste Marie Catchment area.” This is the foundation for the implementation of registration regulations for the formations of teams.

To be registered to a club within the Sault Ste Marie catchment area, the player must follow the registration regulation and reside with a parent within that area.

To reiterate, the residency registration regulation in the Hockey Canada F. Players – Residential Qualification section, unequivocally dictate that a player must play within the catchment area, where the player resides with a parent or guardian, as designated by the NOHA. This release of player policies does not apply to this section.

NOHA – By-Law Number #1

B.1.13. The DISTRICTS in the NOHA are defined as follows: DISTRICT NUMBER ONE – PORCUPINE: Whitney, South Porcupine, Schumacher, , Foleyet, Chapleau, Ramore, Holtyre, Matheson, Porcupine, Val Gagne. DISTRICT NUMBER TWO – SUDBURY REGION: , Nickel Centre, (Garson, Falconbridge, Coniston, Skead, Wahnapitae), Valley East, (Hanmer, Val Caron, Blezzard Valley, Val Therese), Rayside-Balfour, (Chelmsford, Azilda), Onaping Falls, (Levack, Onaping, Dowling), Walden, (Lively, Naughton, Whitefish), Espanola, (Nairn Centre, McKerrow, Webbwood, Birch Island). DISTRICT NUMBER THREE – SAULT STE MARIE: Sault Ste Marie, Bruce Mines, Wawa, Desbarats, Dubreuilville, Echo Bay, St. Joseph’s Island, Thessalon. DISTRICT NUMBER FOUR – TEMISKAMING: Englehart, Earlton, Cobalt, New Liskeard, Haileybury, Latchford, Temagami, Swastika, Kearns, Kirkland Lake, Larder Lake, Virginiatown, Matachewan, Charlton, Chamberlain, Dack, Elk Lake, Dymond, Hillard, Brethour, Thornloe. DISTRICT NUMBER FIVE – NORTH BAY: North Bay, Bonfield, Mattawa, Callander, Corbeil, Astorville, Sturgeon Falls, Verner, Warren, Markstay, St. Charles, Noelville, Powassan. DISTRICT NUMBER SIX – ABITIBI: Moosonee, Moose Factory, Cochrane, Iroquois Falls, Monteith, Porquis. DISTRICT NUMBER SEVEN – BLIND RIVER: Blind River, Spanish, Elliot Lake, Manitoulin Island, Massey, Serpent River, Spragge, Algoma Mills. DISTRICT NUMBER EIGHT – SUDBURY CITY: City of Sudbury, Copper Cliff. DISTRICT NUMBER NINE – KAPUSKASING: Kapuskasing, , Hearst, Mattice, Smooth Rock Falls.

In the memorandum, the NOHA failed to refer to the following sections in the Hockey Canada regulations.

H.C. - F. Players- Registration

11. Every Player competing in the games provided by Hockey Canada and its Branches shall be a Registered Participant of a team which is itself registered with Hockey Canada and shall, prior to competing in any League or championship game, be registered by the Branch and duly validated by the Branch Executive Director or his designate for the current playing Season.

13. Once registered with a Team, a Player shall remain with such team until he is released or meets the criteria provided in Regulation H.8. When over-age, the Player shall be considered a Registered Participant of the next Team of his Club, provided the Club has a Team in a Higher Division for which the Player is eligible.

14. The process for registration shall be in line with Hockey Canada’s Registry requirements.

15. Upon validation and approval by the Branch Executive Director, registration data will be distributed as follows: A. To the Branch B. To the local association/Team; C. To Hockey Canada’s registry.

16. The Branch Executive Director will not approve a registration until it is fully completed with all required information.

H.C. - F. Players- Registration Procedures

35. A Team registering Players must submit all information required for the National Registry to its Branch Executive Director for proper validation and approval.

37. Effective the beginning of the 2008 – 09 registration Season, the specific mandatory fields of information required to be part of all real time submissions made to the Hockey Canada Registry are: - Last Name - First Name - Date of Birth - Address - Street Address or P.O. Box - City/Town - Postal Code - E-mail address (if available) - Name of Team or Club - Team Division (e.g. Initiation, Novice, Atom, Peewee, Bantam, Midget, Junior, Juvenile, Senior and Adult Recreational) - Team Category (e.g. House League, A, AA, AAA, etc.) - Role on team/Association (e.g. Player, Goaltender, Coach, Bench Staff, Safety, or Official) - On-ice Official (and certification, season of qualification and criminal record check) - Coach (level of coach certification, season of qualification and criminal record check) - Safety Personnel (level, expiry date and criminal record check) - Registration date - Name of Hockey Association or Club name - Affiliate Status - Import Status - Tryout Status - Release status - Release date (if applicable) - Active Season (e.g. 2010/11)

Regulations H. Player Releases

1. A Player desiring to transfer from one Team to another within the Branch must first secure a Release in writing from the Club or Team of which he is a Registered Participant. Such Release shall be filed with the Branch Executive Director along with the new registration data. If a Team uses a Player who is not properly registered, the Branch shall have the right to discipline the Club or Team as they see fit. 2. Even though a Release has been obtained, the Branch Executive shall have the right, in its discretion, to refuse the transfer from a Team within a Branch to another Team within the same Branch. 3. Where the Release of a Player is required, it shall be effective only if signed by the President and Secretary or by designated signing officers of the Team or Club of which the Player is a Registered Participant, as provided for in Regulation E.4 or Regulation E.20 whichever applies.

8. Notwithstanding Regulations H.1 to H.7 inclusive, a Player shall not require a written Release under the following conditions: A. When he has not been a Registered Participant of any Club or Team in Hockey Canada, or in any other Federation of the IIHF during the previous playing Season. B. When the Player is of Junior hockey age or under and resides with his Parent and the Parent changes his place of residence and the Player continues to reside with his Parent. When a Release under this regulation involves a Branch-to Branch transfer, it shall be the responsibility of the registrar of the Player’s new Branch to ensure, by statement or otherwise, that the Player is qualified under the exemption. C. When a Player is of Minor Hockey age and registers with a Hockey Canada Sports School. When a Release under this regulation involves a Branch-to-Branch transfer, it shall be the responsibility of the registrar of the Player new Branch to ensure, by statement or otherwise, that the player is qualified under this exemption. D. When the Player is a member of any Branch of the permanent military forces or of the R.C.M.P and his residence is changed. E. When the Player has been a full-time employee since May 1 of the previous Season and is moved by his employer and continues to be employed by the same employer. Also when a Player has left school at the end of the scholastic year to enter into employment for the first time thereafter, is moved by his employer and continues to be employed by the same employer. F. I) When a Player becomes over-age for the Division in which he last registered and there is in the community in which he resides or last registered, no Team of the same Club in a higher Division in which he is then qualified. ii)Junior Players who become over-age as a result of League self-imposed age restrictions, whether part of a Club or not, shall, for the purpose of interpreting this regulation be deemed free agents as of November 1 of the current Season. G. When a Player qualifies as outlined in Regulation G.1 as a Player from a Disbanded Team. H. When a Player qualifies under Regulation F.43 or Regulation F.50 (a) & (c). I. When a Player was a Registered Participant in the previous Season of a Team that does not operate in the current Season. J. Player Release under a decision of Hockey Canada or a Branch, (See By-Law Fifty- Six)

A written release is mandatory when a “registered participant” is registered with a Club or Team in Hockey Canada and is desiring to play for another Club. There is no stipulation negating the release policy, indicating that if the two Clubs are in the same catchment area there is no release requirements. The Branch Executive shall only have the right, in its discretion, to refuse the transfer from a Team within a Branch to another Team within the same Branch.

In the past, the NOHA has allowed “memorandum of understanding” between Club’s allowing for the free movement of players within a District. Such agreement, are not located in any of the governing documents by Hockey Canada, the Ontario Hockey Federation and the NOHA. If challenged, the validity of these agreements may bring the administration of a hockey program into disrepute.

The NOHA also referred to the Ontario Hockey Federation Manual. The following are the two specific sections.

OHF – Part III – Regulations – Residential Requirements

E17 Residential qualifications of the Hockey Canada Regulations F1 through F5, shall be strictly enforced. In addition Regulations of the Minor Hockey Member Partners shall also determine eligibility for those respective minor hockey programs.

E18 Residency is where a player and his parents habitually reside and is presumed to be where the player was legitimately registered for hockey in the preceding season. In all other cases, unless established to the contrary, it is presumed to be with the parents of the player.

Both sections further establishes the “residency rule.” The NOHA being a Member Partner has established catchment areas within their Districts where a player and his parents resided, registered and are assigned to a team within a Club.

The NOHA omitted other applicable sections of the OHF manual. Please be advised of the following:

OHF – Part III – Regulations – Residential Requirements

E21 The onus of proof to establish habitual residence rests entirely with the player.

OHF – Part III – Regulations – Player Movement – Minor Hockey

E29 All player movement within minor hockey shall be governed by residential requirements contained herein and regulations.

OHF – Part III – Regulations – AAA Waivers

E32 A player requiring a written release to change Clubs who is in compliance with Residential qualifications and OHF Regulations E17, E18, and E19 for AAA hockey only, must be offered, in writing, a player’s registration for the current season, and a copy of that offer must be delivered by: (a) Registered mail sent and postmarked within fourteen (14) days after the commencement of AAA tryouts; (b) Courier with a receipt verifying date the package was given to the courier, within fourteen (14) days after the commencement of AAA tryouts, or (c) Personal service, verified by sworn affidavits of the deliverer and a witness to the delivery that the delivery was made to the player/parent within fourteen (14) days after the commencement of AAA tryouts. Note: AAA tryouts commence the first Monday following the OHF Championships except in the NOHA where AAA tryouts must be completed by Labour Day. Note: For Midget AAA Hockey the dates in E32 (a), (b), and (c) do not apply and an offer is to be made by September 30. Note: If one or more Statutory Holiday(s) falls within the 14 day period the tryout period is extended by two (2) days.

E37 A player who has accepted an offer and is released by the Club is automatically entitled to an AAA Waiver.

E39 If a Club does not comply with Regulations E32 and E33, the player is entitled to a Release and AAA Waiver for that season. In the following season, a player who registered with a minor division team with an adjacent Club in the previous season will have the option of remaining with the Club the player registered with in that previous season, or the player may return to his residential AAA Club/Zone. Players must be released back to their residential AAA Club/Zone at the end of each full age division.

OHF – Part III – Regulations – Player Releases

E97 All releases must be signed by the Official Signing Officer(s) of the team / club / centre / association with whom the player is registered in order to be valid.

E99 A written release is not required when: (a) A player has not been registered with any team in Hockey Canada or the IIHF during the entire previous playing season. (b) When a player of junior age or under who resides with his parents and the parents change their place of residence and the player continues to reside with his parents following the change of residence. (c) When a player has been a full-time employee since May 1 of the previous season and is moved by his employer and continues to be employed by the same employer (Hockey Canada Regulation H8 e)). (d) When a player becomes overage for the age division in which he was last registered and there is in the community in which he resides or last registered, no team in the same club in a higher age division in which he is qualified. (e) When a player is a member of a team that disbands (Hockey Canada Regulation G1). (f) In Junior and Senior hockey, when a player is not among the team’s active player list on the required date that the lists are due (December 1 and January 10). (g) When a player’s release has been granted by a decision of Hockey Canada or the OHF.

E100 Please refer to Hockey Canada Regulation H8 for further information and other allowable conditions.

OHF – Part III – Regulations – Minor Hockey

E101 While a release provided to a minor hockey player is unconditional, a player must meet residential requirements in order to register with another minor hockey team. Such permission to register with another minor hockey team in which the player does not meet residential or other eligibility requirements may only be granted by a Member Partner or by the OHF through appeal or other mechanisms available.

Mr. Jamieson also referred to the NOHA regulations. Please review the following:

R.5.4 A player must compete with the club nearest to his/her place of residence having a team entered in a series for which he/she is qualified to play – Junior, Juvenile, Midget, Bantam, Peewee, Atom and Novice. Players may, at their discretion, play for the club nearest to their place of residence having a team entered in the series for which they are, by age, qualified to play in.

Please be advised that we do agree that a player must compete with the club nearest to his/her place of residence. Players can register with either Clubs, the Soo Pee Wee Hockey League or Sault Major, if they offered the identical service with the Sault Ste Marie catchment area. Once a player is registered in the Hockey Canada Registry (HCR) to a particular Club, the player becomes a “registered participant” of that Club. A player requires a release from their Home Branch to play for any other club.

R.6.7. A player resident in a community represented by an Association and/or Club with a team entered in a series for which the player is eligible to play, must register with that club except where such player receives a signed NOHA Permission to Skate/Release form. In which case the player may play for the Team as named on the NOHA Permission to Skate/Release form. The NOHA Permission to Skate/Release form must be attached in the Hockey Canada Registry to the player’s record. A player who is released, is only released to that team so named on the form. If the team is a Minor aged team and the player is of Minor age then the player returns to his Association after the season is completed. If the team is a Major aged team and the player is of Minor age then the player returns to her Association after she has completed her Major season. To return to his habitual residence after his minor year a player requires a release from the current team. It must not be construed as having altered the original residence of the player and it shall be filed with the Executive Director of the NOHA.

Please be advised that a player must register with his “Home Branch” unless he receives a signed NOHA Permission to Skate/Release form if he wishes to play on another team from another Club. If the player makes the team named on the form, the form must be attached to the Hockey Canada Registry. If the player is of minor age making a major team, the player can play without release until the completion of the major season, returning to the original residence. If the same minor player decide to return to his “Home Branch” after his minor year, the player required a release to return to his “original club.”

In the memorandum, the NOHA state ” As mentioned, the City of Sault Ste Marie has two Minor Hockey Associations within the same boundaries. There are no other centres in the NOHA territory that are the same.” Please be advised that Sudbury Minor Hockey and Copper Cliff Minor Hockey both draw from the same area and both are in District #8. Every year, there is a letter of agreement signed between the two associations. As President of the NOHA, Mr Jamieson should be aware of this policy. Furthermore, we believe the NOHA does endorse the agreement between the two association.

Once a player is registered to a club within the Sault Ste Marie Catchment area, the player wishing to play with any other club, including a club within the same catchment area, the player must be released from the “Home Branch.”

The Sault Ste Marie catchment area does not have the free movement of players, nor does it have a signed memorandum of understanding between the two associations.

NOHA R.5.2. AAA Major and Minor Juvenile, Midget, Bantam, and Peewee in the NOHA adopt the Zone concept. Zone divisions will be the districts as outlined in the NOHA By-Law B.1.13. A player from within the Zone may request a NOHA Permission to Skate/Release form from the Signing Officers of the Association or Single Entry team holding his/her playing rights to tryout for the AAA Club within the Zone. This NOHA Permission to Skate/Release form carries an automatic release for the player upon being signed by the AAA club. This same provision will apply for a player wanting to tryout for a AAA club outside his/her zone. For example if a player registers with a Minor Bantam AAA team then they must return to their Home community after their Minor Bantam year. If the player registers with a Major Bantam team as a Minor Bantam player then they stay for the 2 years unless they obtain their release to return to their Home Association.

NOHA R.6.3. A player shall cease to be a member of a club under the following circumstances: A) Regulation Removed May, 2012. B) When a player is released by the club, such release being in writing executed by the President and Secretary of the club. C) When the player is not over 18 years of age and resides with their parents or Legal Guardian, and the parents or Legal Guardian change their place of residence and player then continues to reside with their parents or Legal Guardian. NOTE: A Legal Guardian as defined in the Hockey Canada Regulations. D) Regulation Removed May, 2012. E) Regulation Removed May, 2012. F) Regulation Removed May, 2012. G) When the player is a member of any branch of the permanent military forces or the Royal Canadian Mounted Police. H) When the player is a full-time employee since May 1st of the current year, or has entered employment at the end of the scholastic year, and is moved by his/her employer and continues in their employ. I) Regulation Removed May, 2012.

1. NOHA R.6.7. A player resident in a community represented by an Association and/or Club with a team entered in a series for which the player is eligible to play, must register with that club except where such player receives a signed NOHA Permission to Skate/Release form. In which case the player may play for the Team as named on the NOHA Permission to Skate/Release form. The NOHA Permission to Skate/Release form must be attached in the Hockey Canada Registry to the player’s record. A player who is released, is only released to that team so named on the form. If the team is a Minor aged team and the player is of Minor age then the player returns to his Association after the season is completed. If the team is a Major aged team and the player is of Minor age then the player returns to her Association after she has completed her Major season. To return to his habitual residence after his minor year a player requires a release from the current team. It must not be construed as having altered the original residence of the player and it shall be filed with the Executive Director of the NOHA.

Historically, there has always been a release policy between the Soo Pee Wee Hockey League and Sault Major, in accordance to Hockey Canada, the Ontario Hockey Federation and the NOHA. The release policy was removed on February 18th 2015, which we believe the intent of the NOHA Board of Director was a malicious act and has cause irreparable damage to the Soo Pee Wee Hockey League. To our knowledge, the release policy was only changed in the City of Sault Ste Marie.

Furthermore, the NOHA has acted outside of their Constitution, Bylaws and regulations and has denied the Soo Pee Wee Hockey League the ability to protect themselves, contrary to all governing documents. Due to their negligence and inability to understand the ramifications of their decision, the Pee Wee Division has suffered irreparable damage. Two non-sanction teams at the Pee Wee Divisions have been created and the possibility of two more at other divisions. In addition, the have removed AA cards from the Soo Pee Wee Hockey League which has caused further damages.

In conclusion, we believe there is Prima Facie evidence to support that the release of players is necessary in the Sault Ste Marie catchment area. We believe that the NOHA interpretation of the policies and regulations regarding releases are flawed and unsettling. We will provide necessary documentation to support our position, but strongly believe that the NOHA arguments will only bring the OHF administration into disrepute.

Witnesses:

Bryce Kulik – NOHA – Immediate Past President Andrew MacDonald – NOHA – Past President Chris May – NOHA – Immediate Past Executive Director

Documents attached via e-mail

Repespctfully,

Mike Landry President

cc: Mr. Brian Delorenzi, Oneil, DeLorenzi and Mendes Law Firm (Email: [email protected] Mr. John Jamison, Northern Ontario Hockey Association (Email: [email protected]) Mr. Jason Marchand, Northern Ontario Hockey Association (Email: [email protected]) Mr. Phil McKee, Ontario Hockey Association (Email: [email protected])

Co.K. by his next friend P.K. Applicant

-and-

Ontario Hockey Federation and Hockey Canada Respondents

______

DECISION

______

Adjudicator: Sherry Liang

Date: January 13, 2012

File Number: 2010-04795-I

Citation: 2012 HRTO 76

Indexed as: Co.K. v. Ontario Hockey Federation

The organization of minor hockey in Ontario

[5] Amateur hockey in Canada is governed by the respondent Hockey Canada. Hockey Canada is a voluntary association of members and individuals, subdivided into branches. The Ontario Hockey Federation (“OHF”), a not-for profit Ontario corporation, is a member branch of Hockey Canada and governs amateur minor hockey in Ontario along with the Ottawa District Hockey Association and Hockey Northwestern Ontario.

[6] The OHF in turn is composed of seven member partners including the Greater Toronto Hockey League (“GTHL”), the Ontario Minor Hockey Association (“OMHA”), and the Ontario Women’s Hockey Association (“OWHA”). Each member partner of the OHF must operate in a manner consistent with the Constitution, By-laws, Regulations and Rules of Hockey Canada, but have their own respective governing rules and regulations.

[7] The jurisdiction of the member partners is described in the OHF Constitution. The Northern Ontario Hockey Association covers minor hockey in northern Ontario. The GTHL governs minor hockey in an area including the Cities of Toronto, Mississauga and Vaughan. The OWHA has jurisdiction for “female hockey” within the province. The OMHA governs minor hockey in most of the areas not covered by the GTHL and the Northern Ontario Hockey Association.

[8] Within each age category there are various levels for a player to play in, from House League to the AAA level. AAA is the most skilled level.

[9] For all minor hockey programs in Hockey Canada there is a general requirement that players shall play hockey for a team that matches their residence. A player must play hockey in the branch in which he or she resides. Each branch moreover may establish its own residency requirements and geographic sub-divisions.

[10] The OHF’s Regulations require that players are required to try out and play in the geographic area in which they reside. There are particular for AAA level hockey. A hockey player who wishes to play AAA level hockey must play for the team in his or her residential zone. If he or she wishes to play for another AAA team within the OHF but outside his or her residential zone, he/she must obtain a “waiver” from the hockey club/association in that residential zone in order attend a tryout for another team. In some instances, a player must obtain waivers from all hockey clubs adjacent to their residential zone, in order to try out for a team not adjacent to the zone.

[11] Each member partner of the OHF has jurisdiction over a certain geographic area and may establish further subdivisions/zones within their respective area. Within the OMHA, AAA level hockey is organized through member clubs or associations that operate within specified residential zones. In the Newmarket area, the York Simcoe Express Hockey Association governs AAA hockey for the region. Under the residency rules of the OHF, a player who lives in the area and wishes to play AAA level hockey must play for the York Simcoe Express Hockey team, or obtain a waiver to join a team in another area.

[12] The residency rules in the OWHA are less restrictive. Unlike in the OMHA, there is no AAA level in minor girls’ hockey. The OWHA also does not operate through residential centres or zones and therefore it appears that the only geographic restriction is that players must reside in Ontario, the geographic area of the OWHA’s jurisdiction. However, players who wish to change teams must, under the OWHA regulations and by-laws, obtain a release form from their previous team. [13] The respondents’ Response indicates that the rationale for having residency rules is to promote accessibility and competitiveness in minor hockey. It states that without residency rules, players would move from one zone to another without restriction. Communities would no longer have reasonable certainty as to the resources required for minor hockey in their area, or whether monies spent by them were being spent ultimately on players who reside in the community. The respondents state that the unrestricted movement of players would infringe upon municipalities’ rights and obligations to provide opportunities to the residential tax-paying constituency.

[14] Further, the respondents state that it would be unfair to force players to travel outside their residential areas in order to play for a team at their skill level, because roster spots on the team in their residential area have been taken by non-residents.

[15] In addition, the respondents state that residency rules are intended to eliminate the recruitment and solicitation of players, and especially, minors, by coaches, teams, clubs and associations outside of a player’s residential area.