Organizing on Your Bicycle

• Author: Christopher Waters
• Pages: 133-168

organizing on your bicycle » 133

chapter 6

Organizing on Your

Bicycle

introduction

Cycling is not just a mode of transportation or an individual recrea-

tional activity. It can also be an organized activity along one or more

axes — social, political, economic, and so on. Socially, we could start

with the classic “club ride.” In many parts of the country, cyclists

assemble on weekend mornings from spring to late fall to pedal the

country’s back roads with other club members. It is a great way to

stay t, to hone group riding skills, and to establish friendships with

like-minded individuals. It also feels safe and empowering to ride

in groups. By the same token, cyclists come together in community

to advocate for greater investments in cycling infrastructure, rebal-

ancing of our roadways through law, and to inspire a culture shift

through public education toward a mode of transportation that is

healthy and sustainable. Cyclists may also establish community bike

shops or other forms of social enterprise to increase the accessibility

of cycling. Organizing small-scale occasional group rides, grass-

roots advocacy eorts, or pop-up bicycle maintenance workshops

are wonderful and a big part of how cycling builds momentum.

But, if you want to start or run a “formal” club or organization, this

chapter is for you. I briey examine legal issues associated with the

creation and operation of a club or organization (and for shorthand

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purposes, these terms are used interchangeably — what matters in

terms of law is the type of corporate structure that is created to carry

out the activities), including liability and how to minimize it. I will

also look at sports coaching and the legal obligations associated with

it. The chapter ends with a primer on insurance law for bike clubs

and the leadership of those clubs.

this chapter’s takeaways

If your riding club, advocacy, or community activities are becoming

organized, consider whether you should incorporate. While incorpor-

ation requires what feels like endless paperwork, a company can own

property and shield its members from personal liability.

If you decide to incorporate, expect a number of administrative

steps to complete the process, and be ready for the expectations

that come with corporate status. These vary from province to prov-

ince — there are many guides to which you can refer. Basically, you

will be incorporating a not-for-prot corporation. In most instances,

a bike club will not qualify for charitable status but you should con-

sider whether that is a possibility.

» Once you incorporate, you will need to follow certain steps to

comply with corporate law. Again, follow the rules applicable to

your jurisdiction.

» In running your aairs, be attentive to various areas of the law

that apply to your operations. This includes human rights and

privacy laws.

» Once you start doing bike club things — especially when organ-

izing rides and events — you need to think about people hurting

themselves. Make sure you understand your liability exposure. If

you have coaches training athletes, make sure you and they under-

stand everyone’s full range of legal obligations. Make sure you use

proper liability waivers.

» Aliate with provincial cycling associations and take advantage of

the insurance policies that come with membership.

organizing on your bicycle » 135

incorporating (or not) your bike club

There are “clubs” and then there are “Clubs Inc.” A club can be noth-

ing more than an informal association of like-minded individuals,

coming together to enjoy a shared activity. Many Canadian bicycle

clubs are simply loose associations of people with shared interests

and a mailing list, rather than formally structured organizations.

At some point, however, an association may reach a higher level

of organization and even begin acquiring property, at which point

the club may wish to incorporate. Incorporation has virtues: an

incorporated entity has a “separate legal personality,” meaning that

it has a separate legal personality distinct from its members. One

corollary of this concept is that liability is generally limited to the

corporation itself and does not extend to its members or, to a lesser

degree, its directors and ocers. This may become an important

consideration as the club’s activities become more sophisticated and

its liability exposure increases apace. I will have more to say about

liability further below.

A corporation may also be the legal owner of property; it may

enter into contracts and leases; and it can sue (and be sued) in its own

name. A corporation also endures indenitely, until dissolved, and so

its persistence does not depend on its founders and members.1 Char-

ities are almost always corporations — this will be expanded on below.

The disadvantage of incorporation is red tape. There are all sorts

of regulatory and paperwork requirements that corporations must

meet. There are also requirements relating to governance structures

and accountability that must be observed.

The balance of this section assumes that a bike club or advo-

cacy/community group has made the decision to incorporate, and

therefore I outline the basic legal considerations that arise in those

circumstances. A word of warning: this chapter is not intended as

a denitive guide to the process, not least because of the number

of provincial and territorial jurisdictions in which a club can be

incorporated that have slightly dierent rules and procedures. In

practice, it is useful to seek the assistance of a lawyer to help nalize

this process — perhaps even a member of the club willing to do the

incorporation for free or at reduced cost.