By Joseph A. Gaetan

July 5th, 2025

BURLINGTON, ON

This recap summarizes the issues raised by the City of Burlington’s recent decision to deny the Burlington Aquatic Devilrays (BAD) access to municipal pool time. The recap is based, primarily on the Burlington Gazette articles between June 28 and July 4, 2025, that reveals wide-ranging legal, procedural, and community impacts.

1.  Administrative Breakdown & Procedural Flaws

The City’s rejection of BAD’s proposal centered on the absence of a ‘current and valid Certificate of Incorporation’. BAD asserts that such a document does not exist in Ontario’s legal framework. Instead, they submitted a “Certificate of Status”, the recognized document for confirming not-for-profit status.

Despite the experience and credentials of City procurement staff, no effort appears to have been made to clarify or rectify the language, leading to disqualification based on an unmeetable requirement.

2.  Transparency & Accountability Concerns

BAD received no opportunity to remedy or clarify its submission. After four decades of service to Burlington, they were abruptly informed of rejection. The City’s shifting justifications—from documentation issues to resident percentage requirements— to, was an RFP necessary, has raised further concern. Swim Ontario data adds further confusion and contradicts the City’s claims about club residency levels.

3.  Legal Ramifications

BAD has now apparently filed for a judicial review and an injunction to halt the City’s contract award to GHAC. This means the City could face dual legal risks: from GHAC if the contract is rescinded and/or possible legal consequences for failing to ensure fairness and due process for BAD.

4.  Equity and Policy Implications

GHAC’s higher fees and regional model contrast sharply with BAD’s accessible, community-focused approach. Choosing GHAC appears to favor a privatized, pay-to-play model over inclusive public service.

This decision may signal a troubling shift in how public infrastructure supports youth sports.

5.  Emotional and Community Impact

Bad swimmer during training exercises

BAD swimmers and families describe a deep emotional toll. loss of trust, disruption, and a sense of betrayal by local leadership. Many families fear their children will lose opportunities or be forced into programs that do not align with their values or budgets. The “Reinstate BAD’s Pool Access for Burlington Kids”, petition now has 1,990 signatures.

6.  Political Implications

Multiple City departments are implicated in this file. Communication has been opaque, and bad news was released at strategically quiet times. While procurement rules limit the Council’s direct involvement, many residents are demanding oversight and accountability.

Conclusion

This is more than a failed bid process. It reflects serious flaws in governance and policymaking.

The city must consider immediate remedies to restore public trust and uphold the principles of fairness that Burlington residents expect.

Joseph A. Gaetan, BGS,  is a Burlington resident who follows local governance issues.  A retired businessman, he brings a disciplined fact based approach to his thinking.

Don’t get him going on the Ontario Land Tribunal

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