Contents Introduction 1 Legal risks 1 Evaluation 1 Children/Members 2 Children 2 Camp Activities 2 Peer Assault 3 Staff / Operations 3 Workplace Violence and Harassment 3 Procurement and Operations 4 Privacy Breach 5 Injuries 5 Slips and falls 5 Equipment Injuries 6 Swimming Pools 6 Vandalism and Theft 7 Disease and Contraction of Illness 8 Financial Coverage 8 Conclusion 8 Appendix 9 Exhibit 1: Cooper Koo Family YMCA Under Construction 9 Exhibit 2: YMCA’s Purpose 10 Exhibit 3: 10 Exhibit 4: 11 Bibliography 13

Introduction
The Greater Toronto Area (GTA) YMCA has approved plans to convert the Pan Am Athletes’ Village located on Front and Cherry Street into the largest YMCA centre following the games in 2015.The 82,000 square feet “Cooper Koo Family YMCA” is expected to attract a diverse neighbourhood with an expected population increase of 13.5% by 2020.The green facility currently under construction will be equipped with a full gymnasium including exercise and fitness studios, as well as a swimming pool (Exhibit 1).Cooper Koo is to continue to promote the YMCA’s vision to build healthier communities and commit to the association’s guiding principles to remain ethical, accountable and proactive (Exhibit 2). As Risk Management Consultants in reviewing this project, we are taking the proactive approach to identify and assess the facility’s operational legal risks and to mitigate the major risk areas prior to a breach (Exhibit 3).This report examines the identified legal risks in detail and devises a risk management plan to avoid, reduce, transfer or retain such risks. As the largest YMCA in the GTA, Cooper Koo will aim to attract and retain new members from a diverse community and it is therefore crucial for the facility to protect the interest of those members and the involved participants. This report will propose recommendations and action plans to be used to raise awareness and communication within the Cooper Koo Family YMCA to address the identified legal risks.
Legal risks
The Cherry Street YMCA faces the following operational legal risks: 1. Negligence 2. Contract 3. Professional Liability 4. Occupier’s Liability 5. Vicarious Liability 6. Fiduciary Duties 7. Product Liability 8. Assault and Battery
These risks will be addressed through identification of the categories in detail below.
Evaluation

Category | Event | Probability (1-10) | Severity (1-10) | RiskFactor (P x S) | Children/ Members | Supervision of Children | 5 | 9 | 45 | | Camp Activities | 2 | 8 | 16 | | Peer Assault | 6 | 4 | 24 | Staff/Operations | Workplace Harassment, Violence & Discrimination | 7 | 5 | 35 | | Procurement & Ops Contract Breaches | 6 | 5 | 30 | | Privacy Breach | 4 | 3 | 12 | Injuries | Slips and Falls | 5 | 8 | 40 | | Equipment Injuries | 5 | 8 | 40 | | Swimming Pool Related Incidents | 5 | 8 | 40 | | Disease & Contracted Illness | | | | Misc. | Vandalism & Theft | | | |
Children/Members
Children
As a choice destination for many children and youth, the YMCA provides these groups access to their facilities and a wide array of programs that help them in improving their health, social interaction and general well being. The YMCA faces many legal risks with this age group such as assault, battery, negligence and vicarious liability through potential violent acts committed by employees.
Risk Management Plan
In dealing with individuals who have not reached the age of majority, a higher standard of care and supervision are required by law to the above groups in relation of the torts of negligence and Occupier’s Liability Act in Ontario. Members who have not reached the age of 18 are not bound by waivers that release the YMCA from injuries caused through intentional or unintentional actions such as negligence. Even waivers signed by parents and guardians on behalf of children and youth are not enforceable by law.Although children and youth are exposed to the same “slip and fall” risks as adults are, their naïve and careless nature make them more vulnerable as they are less likely to take precaution or read warning signs when they are at the YMCA. Furthermore, these two vulnerable groups are targets of predators who may be lured by the YMCA, as they know that there are many opportunities to interact with these groups.
Recommendation
Other than placing cautionary signs that are seen at most YMCAs, the centre should make it mandatory for all individuals under the age of 18 to attend orientation sessions that describe the risks and dangers that are present including assault and harassment at the facilities as well as the centre’s code of conducts. After each session they should be tested on the key contents and failure to pass the test will prohibit the members from joining the YMCA until they are able to pass the assessment for e.g. over 80%. The centre should also limit the number of children and youths when there is not sufficient adult supervision, staff volunteers and employees based on expectation of required supervision. An example could be the creation of a ratio such as a 15 students per supervisor.

As already implemented in many centres in the United States, with the permission of Canadian Head Quarters’ approval and cooperation from law enforcement agencies, this YMCA should conduct regular screening of its members for individuals who are part of the country’s sex offenders registry. If it is deemed that that these members are at risk to the centre, as per guidance from legal counsel and law enforcement, then the membership for the individuals will be revoked upon confirmation of the identity. If it is found that such an individual is at the facility, then protocols must be in place to monitor the individual and law enforcement agents must be called immediately.
Financial Impact
Financial loss resulting from child abuse and injuries could range from $140,000.00 to $1,000,000.00.
Camp Activities
Ensuring participant safety during camp activities is crucial and subject to protection under the Health Protection and Promotion Act (HPPA). Whether onsite or offsite, camp operators have a fiduciary duty to participants and the YMCA is vicariously liable for negligence by camp operators.
Risk Management Plan
The YMCA will mitigate financial losses arising from camp activities by complying with the HPPA. It is recommended the YMCA perform background checks on all camp operators and use waivers to transfer risks of participants. Finally, the YMCA should take full use of report procedures to ensure the safety of all members.
Recommendation
The YMCA must avoid possible risks by ensuring complete compliance with the HPPA including but not limited to providing sanitary facilities, food preparation and storage, cleaning and sanitation, safety disposal and water safety. A comprehensive background check including a Vulnerable Sector Screening must be performed for all camp operators that includes disclosure of any criminal convictions, outstanding charges and warrants as well as a search of the Pardoned Sex Offender Registry. In the event of possible incidents, the assumption of risks can be transferred by the use of mandatory waivers that must be signed by guardians to acknowledge risks and release the YMCA of any liabilities and responsibilities and to outline participants’ medical history. Finally, camp incident report procedures must be place and communicated to all camp operators. Every effort must be made to contact parents and YMCA management in case of incidents and prompt follow-up must be required by all supervisors.
Financial Impact
Multi-Million dollar settlements have been made by the YMCA camp for incidents such as a child contracting Lyme disease on a campsite.
Peer Assault
The YMCA provides a safe and comfortable place for teens between 13-to 18–year-olds to play, learn and socialize. So far, at the central YMCA, teen memberships are nearing 1,000. Similar to the current YMCA, the new YMCA will also be subjected to the torts of negligence and Occupier’s Liability Act in Ontario by the teens’ acts of peer assault.
Risk Management Plan
Increasing security levels and education programs can avoid the risk of peer assault.
Recommendation
The YMCA should provide educational program by raising awareness of consequence of assault among teens. It should also keep sufficient supervision level including staff volunteers and employees to prevent assault.
Financial Impact
Financial losses resulting from peer assault can range from $20,000 - $1,000,000.
Staff / Operations
Workplace Violence and Harassment
The Cherry Street YMCA will be home to hundreds of employees and volunteers. As such it will be exposed to potential incidents of workplace violence and harassment.
Workplace violence and harassment can cause both physical and psychological harm and is prohibited under Section 32 of the Ontario Health and Safety Act (OHSA). Incidents involving unfair treatment and harassment are also prohibited under the Ontario Human Rights Code (OHRC). In addition to criminal action arising from acts of workplace violence, civil action can be taken by victims for damages such as lost wages. Civil actions can be taken for assault and battery, deliberate infliction of Emotional or psychological distress, or vicarious liability in cases involving an employer. As well, employers who have failed to do their due diligence in preventing the occurrences involving harassment are subject to a breach of fiduciary duty.
Risk Management Plan
There are several steps the new YMCA should take to mitigate the financial losses associated with workplace violence and harassment. It’s recommendedthat the YMCA prepare necessary enforceable policies, set up manager run educational programs for staff and volunteers. Finally, the YMCA should provide a safe physical environment for staff and members.

Recommendation
Under Section 32 of the OHSA, employers are obliged to prepare policies with respect to violence and harassment and to review those policies at least once a year. Managers should facilitate annual educational programs for staff and volunteers to create awareness on preventing violence. Managers must be prepared for changing laws as in the case of the amendment brought forth by Bill 168 in 2009 that for example requires employers to display the policies in noticeable places in written form such as break rooms.
Risks of violent incidents can be reduced by providing a safe physical environment such as coded doors, widened service desks and alarms. With respect to workplace discrimination, managers should be required to promote equal treatment and to prevent barriers to accessibility. However, procedures must also be put in place to report possible incidents by completing incident report forms, prompt follow-ups by supervisors and contacting the appropriate organization such as WSIB.
Financial Impact:
Financial loss from workplace harassment and assault could range from $20,000 to $500,000.
Procurement and Operations
These actions will address risks related to the overall build-out of the new YMCA location at Cherry Beach and the ongoing contracts for general operations of the facility. The inherit risks here are the required or perceived need to breach contract for variations in price/specifics and/or failure to contract commitment requirements.
Risk Management Plan
Anyone purchasing goods or services on behalf of the Cherry Street YMCA should have sufficient knowledge of contract law to understand the risks and drawbacks. It should be the responsibility of contract management to implement best practice policies and guidelines to ensure good contract administration and performance management. Prior to any work being delivered, record discussions, ensure approvals are received, and all contract amendments will be issued in writing before any acceptance. This clears-up any potential disputes regarding acceptance.
Recommendation
To mitigate risks related to contract dispute and subsequent breach, such as inadequate terms of the contract and unauthorized scope changes, there should be limitations in place of who can give final sign-off on purchases and contracts. Policy should dictate that for any contract/purchase of greater than $500 in value, sign-off should be received from the acting contract manager to ensure contract management expertise is applied.
Additional policies practices to be initiated by contract management: * Hold regular inspections/meetings and use progress reports * Ensure all staff know responsibilities and conditions * Ensure good record keeping and documentation
Financial Impact
The financial impact of risks associated with procurement and operations is situational depending on contract value. Potential losses may range from $20,000to $20,000,000.

Privacy Breach
The YMCA will lawfully require personal information to process new members, payments, and check the validity of member information. The risks associated with the procurement of personal information are internal and external privacy breaches.
Risk Management Plan
YMCA can mitigate the risk of personal information leakage by enforcing privacy policies, educating employees on proper practice and gathering information only required for the delivery of services.
Recommendation
According to the Freedom of Information and Protection of Privacy Act, no person shall collect personal information on behalf of an institution unless the collection is expressly authorized by statute, used for purposes of law enforcement or necessary to the proper administration of a lawfully authorized activity R.S.O. 1990, c. F.31, s. 38 (2). Ontario’s recent recognition of the tort of invasion of privacy means that the YMCA should be mindful that they could be vicariously liable for intrusion through the actions of their employees. Policies, procedures, and network architecture should be set in place to reduce civil liability.
The YMCA currently enforces a privacy policy that is committed to protecting personal information. The YMCA must continue to strictly enforce privacy policies that will disclosure the nature of the information collection, who is given access, and who has access. One key way to further reduce privacy related risk is to minimize data collection and retention. The YMCA should only collect and store the data required to deliver service. Any additional information can increase risk of data loss or theft. This policy, in combination with another policy granting only need-to-know personnel with access to personal information will greatly reduce risk.
The disclosure of breaches is voluntary under the Office of Privacy Commission of Canada, and reasons behind disclosure are situational. In the case of a privacy breach via hacker, or inside leak, the YMCA can approach the OPC for guidance and can follow the privacy breach checklist to control the breach and determine whether to disclose to customers.
Financial Impact
The financial loss for non-pecuniary losses is valued at $20,000. For pecuniary losses the damage would be equivalent to the amount stolen.
Injuries
Slips and falls
Similar to current YMCAs within the Greater Toronto Area, the Cherry Street YMCA will be subjected to potential negligent acts, which may cause slipping and falling injuries to individuals on site.
Risk Management Plan
Although slips and falls cannot completely be avoided, they can be mitigated by placing clear and legible signs in areas that are visible by all individuals within the facility.
Recommendation
For Employees
Prior to opening the facility to the public several walk-throughs should be performed to identify common areas that are more prone to slipping. The YMCA should ensure that common causes of slips and falls are prevented by paying close attention to wet surfaces, spills, walking surfaces that do not have traction, carrying objects that may obstruct view, poor lighting and uneven walking surfaces. The managers should ensure that employees have access to and can view the Ontario Occupational Health & Safety Act. Employees should familiarize themselves with the act and make sure that the organization is compliant with the regulation to minimize slips and falls as well as other common types of injuries.
For Members
During membership registration, members should be provided with a floor plan of the YMCA facility highlighting the hazardous areas that they should be cautious around. They should be required to sign a consent form stating they have acknowledged the hazardous areas. Member should also be provided with a tour of the facility prior to participating in any activities on site to familiarize themselves of the surroundings.
Financial Impact
A Negligence act in regards to slip and falls by the YMCA has been estimated to result in a financial loss ranging from $220,000 – multimillion-dollar settlements.
Equipment Injuries
Similar to current YMCAs within the Greater Toronto Area, the new YMCA on Cherry Street will be subjected to potential negligent acts derived from injuries due to equipment failure or vicariously liable through the non-compliance of employees.
Risk Management Plan
Eliminating the risk of equipment related injuries can be avoided by routine checks and maintenance by YMCA employees. The risk of injuries can further be avoided by ensuring YMCA employees follow correct procedures when instructing members on the use of machines.
Recommendation
For Employees
Employees should check the operations of the machines on a routine basis. Any machine that appears faulty should be labelled with an “out of order sign” to ensure that no individuals use the malfunctioned equipment. Trained personnel should be in the fitness facility at all times in case faulty equipment does cause injury while individuals are using them. Employees should also have access to injury manuals to ensure that safety protocol is followed and compliant with YMCA’s guidelines. Employees should have first aid training and be able to help anyone who may have suffered injuries from equipment use. An equipment logbook should be used to keep track of maintenance check on gym equipment.
Employees should be responsible with knowing the contact information of equipment suppliers in the case of malfunction. They should also ensure the equipment is tested sufficiently in its final location prior to use by a member.
For Members
Members should have access to training handouts on any equipment on site to ensure thorough understanding of all equipment. In addition, members should be provided with proper training on any equipment that the member chooses to use. Members should feel encouraged to ask employees to show them how to use equipment if they are unsure.
Financial Impact
Financial loss from an equipment related injury could range from $50,000 to $1,000,000 dollars.
Swimming Pools
Access to swimming pools at the YMCA provides health and social benefit to its members and helps the association fulfill their mission and values of improving the health and well being of the community. Swimming pools presents a myriad of challenges and as users and visitors to the pools may slip and fall, drown, contract infection, or be electrocuted through negligence by the YMCA.
Risk Management Plan
The risk of injuries around the pool area can be avoided by continued maintenance and cleaning of the surrounding pool deck. The YMCA should maintain a certified lifeguard on site at all-times and ensure the pool complies with municipal by-laws.
Recommendation
Before opening the pool to the public, the YMCA should ensure the swimming area, including the change room, complies with all municipal by-laws, such as the ones outlines in the Toronto Municipal Code Chapter 608, Parks and Ontario’s Health and Promotion Act, Regulation 565 Public Pool.To ensure that these guidelines are met, regular meetings should be set up with the centre’s facility manager, life guard, maintenance staff, and an inspector from the Toronto Public Health department, to discuss and develop procedures that deal with the maintenance of the swimming pool area, such as the proper use and amount of cleaning chemical. A cleaning log outlining the tasks and frequency should be updated and monitored in a timely manner.
Other than inherent health risk of swimming pools, the centre should have protocols in place to deal with the safety of the “visitors” of the pools as they are subject to the tort of occupier’s liability. Safety measures such as, signage of the usage of the pool must be displayed in accordance to the municipal and provincial laws, and indicator line should be clearly display that separates the shallow end and the deep end. Members should also be required to attend a mandatory session that discusses the rules and regulations that pertain to the use of the swimming pool. Once the pool is opened to the public, the centre should solicit members and employees for ways to improve the health and safety of the pool, and complaints should be addressed in a timely manner.
Financial Impact
Financial loss from a swimming pool injury could range between $140,000- $2,000,000.
Vandalism and Theft
By representing a place of community in an established location the YMCA is inherently under the threat of vandalism and theft by individuals. Vandalism/theft incidents will be burdensome to the YMCA by generating unexpected costs associated with the repairs and cleaning. Most vandalism in the YMCA will include indoor graffiti, break-in theft, damaging of property. Much vandalism is done in thelate evening hours when properties have little or nosurveillance.
Risk Management plan
The YMCA can reduce the risk of vandalism by building collaborative relationships between law enforcement, the neighbourhood, and property managers. It can also transfer the risk by utilizing insurance.
Recommendation
Before opening to the public, the YMCA should have securities cameras installed around the building. In addition, installing tall light posts around the entrance and window will deter tampering and break-in. Setting up an alarm system is highly recommended by the local law enforcement agency to effectively reduce vandalism. On the top of the above-mentioned hardware, frequent staff patrol around the premise will prevent burglary and vandalism. The YMCA should develop a neighbourhood watch program to encourage residents nearby to watch over for the benefit of the community. Property managers should also set up Safety Self Inspection Checklist, and assign duty of conducting and documenting regular inspection including alarm systems. Property managers should make sure that all outside entrances and inside security doors have deadbolt locks, and that windows have secure locks and burglar-resistant glass.The YMCA should have property insurance coverage in place to mitigate potential losses.
Financial Impact

Vandalism and theft in the YMCA could result in financial loss more than $20,000.

Disease and Contraction of Illness
Legal Risk
The YMCA’s legal duty may arise from the spread of infectious disease. Diseases may occur mostly in day care centers and swimming pools. Communicable disease can result in financial issues and impact the YMCA’s reputation.
Risk management plan
The risk of contraction of illness can be avoided by routine cleaning and maintenance by employees.
Action plan
Swimming pool Disease prevention should be the top priority for water quality management for swimming pool in the YMCA. Disinfection is critical to protect against pathogens and can be best managed through routine monitoring and maintenance of chemical feed equipment to ensure optimum chemical levels in accordance with the Parks and Ontario’s Health and Promotion Act, Regulation 565 Public Pool.
Day care In order to provide a healthy environment to children, the YMCA should ensure its day care center offer immunization program recommended by the Ontario Public Health Department for children in preventing of infectious diseases. It should ensure its day care service complies with the Health Protection and Promotion Act (R.S.O. 1990, CHAPTER H.7).
For example, employees should know how to response to the child or adult who presents with symptoms of an infectious disease and prevent the affecting of other children.
Gym Regular cleaning of the facility in the Gym is also important to prevent the germs. Proper signage should be place around the gym-notifying members to wipe down equipment after use and to keep the facility clean. This behaviour should be encouraged by staff and resonate throughout the culture of the Cherry Street YMCA.
Financial Impact
Financial loss due to disease and the contraction of illness could result in financial loss more than $20,000.
Financial Coverage
The entirety of this plan is estimated to cost between $200,000 and $300,000 dollars. The YMCA will subsidize these costs through a variety of means. Funds remaining from Michael Cooper and Krystal Koo’s 2 million dollar donation will firstly be exhausted. Secondly, the YMCA will make sure of a portion of additional funds remaining in the fund balance (Exhibit 3). The third proposed funding measure is to work with the government to increase the funds needed to successfully implement the risk management plan (Exhibit 4).
Conclusion
This report has unveiled and brought attention to many operational legal risks facing the Cooper Koo YMCA. Through implementing the above risk mitigating plans it is strongly believe the YMCA will vastly limit their exposure to the full range of risks identified. It is well known that not all risks can be avoided, instead the goal of this report is to utilize all viable means to avoid, reduce, or transfer risks wherever possible. The Cooper Koo YMCA has been designed to be a beacon within the community. By taking these necessary measures it will be in a position to succeed to bring joy to thousands of children, teenager and adults for many, many years to come.

Appendix
Exhibit 1: Cooper Koo Family YMCA Under Construction | | Cooper Koo Family YMCA under construction | Downtown Toronto view from the proposed rooftop | | | Rendering of YMCA Front Entrance | Rendering of Swimming Pool | Source: http://urbantoronto.ca/news/2013/05/cooper-koo-family-ymca-topped-west-don-lands |

Exhibit 2: YMCA’s Purpose STATEMENT OF PURPOSEThe YMCA in Canada is dedicated to the growth of all persons in spirit, mind and body, and to their sense of responsibility to each other and the global community.OUR VALUESCaring, Respect, Honesty, Responsibility, InclusivenessYMCA CANADA’S GUIDING PRINCIPLESYMCA Canada is: * Ethical and accountable – Upholds the federation’s values, constitution and by-laws; is transparent and trusted. * Collaborative – Supports and acts in concert with the aspirations and expectations of Member Associations while respecting the uniqueness of each Association and recognizing their interdependence. * Open and Responsive – Welcomes ideas, encourages dialogue, and plays a leadership role in response to member Associations’ needs. * Integrated and Convergent – Engages, stimulates and uses its vibrant network as it coordinates and integrates its Delivery of Service to fulfill its role. * Proactive – Advances and protects the interests of member Associations and leverages their work for maximum impact.OUR SHARED VISIONYMCAs in Canada are individually and jointly committed to achieving and upholding the following shared vision:Together… * We are building stronger kids, families and communities. * We are making our communities better places for everyone to live. * We have more people joining with us as participants, members, volunteers, staff, donors and partners. * We are a thriving and vibrant network that exchanges ideas, information and expertise in faster and better ways. * We help and support each other more than ever. * We are a leading Canadian charity. * We are the YMCA. | Source: http://www.ymca.ca/en/who-we-are/our-purpose.aspx |

Exhibit 3:

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Exhibit 4:

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