The 2021 CADP and World Anti-Doping Code took effect on January 1, 2021.
Retired athletes looking to return to competition are still required to be subject to the CADP for six months prior to participation in a national or international event and can still apply for an exemption to return sooner. However they will not be permitted to compete until the decision to grant an exemption has been made by WADA and, if applicable, any subsequent appeal has been heard.
The requirement that athletes must be subject to the CADP for six months prior to participation in an international event remains. However, the requirement has been made more flexible to allow for exceptions in instances where the strict application of this rule would be unfair or unreasonable.
Yes, an example of a new requirement is that following an anti-doping rule violation, sport organizations will be required to conduct a review and to report the outcome and any steps for improvement to the CCES. In an effort to hold sport organizations accountable for their participants, an organization that fails to conduct a review or implement the recommended actions can be fined.
Substances that are frequently abused in society outside of the context of sport and have been identified in WADA’s 2021 Prohibited List. Cocaine, heroin, MDMA and THC have been identified as substances of abuse in the 2021 List. Athletes who commit violations for these substances may have their sanctions reduced if they can demonstrate that use was out of competition and unrelated to sport performance, in which case the suspension imposed will be three months and may be reduced to one month if the athlete completes an approved treatment program.
Athletes who join a sport organization are subject to the rules of the sport organization, and thus subject to the CADP. National athlete pool (NAP) members who are subject to the CADP will expressly agree in the athlete contract to remain subject to the CADP (regardless of their membership status in a sport organization) until they are removed from the NAP or they retire, whichever is earlier.
Yes, the CADP applies to athlete support personnel, which includes coaches, trainers, managers, agents, team staff, officials, medical and paramedical personnel, and parents. Under the 2021 CADP, designated Athlete Support Personnel who work with national athlete pool (NAP) members will also be asked to complete education and sign contracts to confirm they are subject to the CADP. This will only apply to a relatively small number of coaches and trainers and individuals assisting athletes in Canada. In addition, certain staff and volunteers at the CCES and in sport organizations also fall under the jurisdiction of the CADP.
The 2021 Code includes a comment that permits international federations to use data from a doping control test to monitor eligibility relating to gender verification and other eligibility rules (Comment 23.2.2), but the 2021 CADP makes it express that the CCES will not use such data for anything other than legitimate anti-doping purposes.
The new Athletes’ Anti-Doping Rights Act was developed by athletes, for athletes. It provides an outline of rights provided by the 2021 Code and International Standards in terms of equality of opportunity, fair testing programs, medical treatment, justice, accountability, education, data protection and more. The Act has been incorporated into the CADP Rules in Part C and the meaning of the three additional Recommended Rights has been expressed. See more.
There are a few changes that may affect hearings:
- Athletes can request a public hearing, which consists of a publicly accessible audio link to the Doping Panel’s proceedings.
- The 2021 CADP includes a new approach to dealing with results management hearings and appeals, which includes the ability of the parties involved to seek reimbursement of certain expenses from the other party.
- Currently, all doping appeals are heard by three arbitrators, but if all parties involved in the decision under appeal agree in writing, a single arbitrator may be appointed by the Doping Tribunal to sit as the Doping Appeal Panel.
Wording has been updated throughout to better reflect terminology used by the Sport Dispute Resolution Centre of Canada with respect to Doping Tribunal, Doping Panel and Doping Appeal Panel.