Burlington swim club says it might have to close after it was disqualified from bidding on city contract

Two Burlington, Ont., swim clubs are treading water as they wait to see if city council will intervene in a process that disqualified one club from bidding on a contract to operate in public pools. 

That club is challenging the validity of the process and says it may be forced to close after its application for a new contract was denied due to missing documentation. Its leaders warn of negative effects on its 400 young swimmers.

The other club — the successful applicant — says it followed that process in good faith and is hopeful it will be treated fairly and allowed the opportunity it was promised. 

Members of the unsuccessful club, the Burlington Aquatic Devilrays (BAD), and the successful Golden Horseshoe Aquatic Club (GHAC) packed council chambers Monday as leaders delegated before councillors at the city's Committee of the Whole meeting.

Current contract holder's application for new contract disqualified 

BAD president Kimberly Calderbank and vice-president Katie Lebel spoke about the situation in dire terms.

"I've delivered talks around the world on the power of sport but I'm not sure I've ever spoken with more at stake than I do today," Lebel said. "What's at risk isn't just pool time. It's community, continuity and the systems we count on to support our children and what matters in civic life."​​

She said young club members like her daughter risk "losing their community," and club coaches risk losing their jobs.

In 2020, BAD was the successful applicant for Burlington's youth competitive aquatics contract, which expires at the end of August. The club and city agree that BAD applied for a 2025-to-2030 contract under the same rules. However this year, the city disqualified BAD's bid because it was missing a required component: a certificate of incorporation as a non-profit or not-for-profit.

BAD says the city asked for a "current and valid" certificate of incorporation but such certificates are only issued at incorporation. On the advice of a Service Ontario representative, Calderbank told CBC Hamilton, they submitted a certificate of status and other supporting materials she says are typically accepted. She said they also included their certificate of incorporation in the body of their submission but staff told BAD they did not review the documentation because the certificate was not submitted as requested.  

The city, meanwhile, maintains that BAD did not submit the application properly.

"City staff are not allowed to overlook missing mandatory requirements or allow submission after the [request for proposal] closing date," the city said in a June 30 news release after BAD publicized its situation. "This protects the fairness of the process." 

The city said BAD requested a review of the decision that confirmed it was made "according to our policies and procedures." It also said the city will work with the club to "explore options for accessing pool time through our regular allocation process."

Lebel said the city's process, which was introduced in 2020, is not appropriate for youth sports, and seems more like something a city would use to hire construction contractors.

Calderbank said the club sought a lawyer to request a "judicial review" of the city's application process, in order to assess if it's "fair and just." She said the club paused the process "in good faith," while it works with the city to find pool space but will "fight for these kiddos" if necessary. 

"The stakes are high, not just for swimmers, but for Burlington and what you choose to stand for," Calderbank told councillors.

Successful club president said he initially offered to share space

Councillors also heard from GHAC chief operating officer and associate head coach Cody Bradt.

He noted his club also applied for the city contract in 2020 but lost to BAD. As a result, Bradt said, GHAC lost 150 swimmers and missed out on untold opportunities. However, he said, the club picked up pool space where it could, continued to operate in Burlington and refined its 513-page bid for the 2025 request for proposal.

"Here we are, facing public pressure not because the process was flawed, but because the unsuccessful bidder was simply louder this time," Bradt said.

When asked his thoughts on the city's request for proposals process, Bradt said it differs from the model in Hamilton where his club also operates. There, he said, multiple clubs share public pool space.

With that in mind, Bradt said he reached out to BAD prior to the 2025 application process and asked if the other club might be interested in asking the city to consider sharing public space like they had before 2020. 

BAD refused, he said, so GHAC went ahead with their application.

"It's now on the other foot and here we are," Bradt said.

In a public statement he shared with CBC Hamilton, Bradt noted that his club currently has around 175 Burlington members and said GHAC has committed to the city that at least 85 per cent of its swimmers at Burlington pools will be Burlington residents.

He also said despite some saying otherwise, his is not a "Hamilton club," and has been in Burlington for over 20 years. Bradt added he grew up in Burlington and lived there for more than 20 years.

In the committee meeting Monday, Coun. Shawna Stolte (Ward 4) asked Bradt why he wants to expand into public pools and cause BAD to collapse. 

Bradt refuted that characterization, saying he doesn't want any club to collapse. He said GHAC operated outside of public pools in Burlington and wanted access to better-equipped public facilities for the benefit of members. 

"The youth of Burlington are not losing their place to swim. They're gaining a new opportunity to continue their development with a different organization if they so choose," he said.

Stolte also asked Bradt if he agrees GHAC benefited from an administrative error. 

Brad said he doesn't know, adding "there's nothing to say we wouldn't have won," if BAD's application had been considered.  

Mayor and councillors don't rule out intervening

Burlington Mayor Marianne Meed Ward asked Bradt if he would still be open to discussing a shared-use model. He said if council goes in that direction, he'd have to be, since he wants to keep operating in the city. 

Calderbank and Lebel told councillors they're losing members daily and can't commit to important upcoming swim meets. They said BAD was looking at all options for pool space, including private schools and condo pools. 

Councillors did not say what, if any, action they will take regarding BAD's concerns. 

Committee members met privately Monday to discuss a "confidential legal report on potential litigation for aquatics procurement." Afterwards, they voted to direct Burlington's commissioner of legal and legislative services and city solicitor to follow confidential instructions and report back. 

Meed Ward posted on X Tuesday, thanking residents for coming to council to share their experiences.

"We will update the community once there is more to share," she said. 

At 9 a.m. on Thursday, council is set to receive updates from staff, in a confidential special meeting.