Date of Issue: 26 may 2015
Purpose of this operating procedure (OP)
- The purpose of this Operating Procedure is to identify the procedure to establish, maintain and disburse the Instructor Defence Fund.
- The purpose of the Instructor Defence Fund is to provide immediate and further monetary assistance for the National Hang Gliding and Paragliding Club current Instructors if they require legal assistance in a Hang Gliding or Paragliding matter related to their teaching activities.
- The Instructor Defence Fund shall be established using:
- Funds shall be realized from the school insurance fee charged by HPAC/ACVL each year to each Instructor. And, and from general revenue up to $5000 per year;
- A sum per annum shall be decided by the BOD yearly to establish the fund until the fund attains a $30,000 minimum level;
- Donations from private, corporate and public sources especially earmarked for the fund shall be accepted into it;
- The annual HPAC/ACVL contribution shall be established at the annual ADM. The fund shall be managed by the Executive Director, the treasurer;
- The fund shall be disbursed by the Executive Director upon direction by the Board of Directors.
- The fund shall be maintained outside the general bank account of the Association, in a long term interest paying vehicle. This vehicle shall be of a secure and guaranteed nature;
- Interest earned and not used shall be reinvested in the fund;
- The fund is not to be used for the day to day financial concerns of the Association;
- The fund can only be accessed for financial operating account emergency by unanimous approval of all voting members of the board of directors;
- The Instructor Defence Fund can only be terminated by approval of the general membership at an extraordinary meeting of the association or at the Annual General Meeting;
- If the Instructor Defence Fund is terminated the funds shall be placed in the regular operating account of the HPAC/ACVL.
Grant Eligibility and Distribution
- The Instructor Defence Fund grant shall be disbursed to an Instructor upon application and review by the Board of Directors using these criteria:
- Application must be accompanied by a copy of legal costs incurred or an invoice for payment in seeking advice or defending themselves in a dispute from a student, landowner, or other claimant;
- Applications for funding must include a description of the incident;
- Eligibility shall be defined by the instructor applicant:
- Having paid their HPAC/ACVL school insurance fee for the year of the occurrence under dispute;
- Is a HPAC/ACVL member at the time of the occurrence of the episode under dispute;
- The incident must be filed with the HPAC/ACVL Safety Officer.
- The original amount shall be up to $5000 to cover legal costs;
- A second grant of up to $10,000 may be distributed upon approval by the Board of Directors;
- The maximum grant shall be $15,000 to any school or individual for life;
- The Board of Directors must be satisfied the dispute does not arise from gross negligence on the part of the school or applying individual;
- The Board of Directors may stop payment or request a repayment should the claim arise from negligence on the part of the Instructor;
- The Board of Directors shall decide on the distribution and size of individual grants;
- Administration of the grant shall be carried out by the HPAC/ACVL Executive Director.
- Please note that an application may be denied if all involved parties had not signed an appropriate waiver before the incident.
- 2006-06-12: version 1
- 2006-09-09: version 2
- 2015-12-16 SL: new version conform to canadian regulations