ARTICLE 13: WAIVERS AND LOANS OF PLAYERS TO MINOR LEAGUE CLUBS
13.1 A Club shall not dispose of the services of any Player in which it has a proprietary interest by Loan to a club of another league without first having complied with the provisions of this Article. The Waivers that are recognized by this Agreement are Regular Waivers, Re-Entry Waivers and Unconditional Waivers.
13.2 The "Playing Season Waiver Period" shall begin on the twelfth (12th) day prior to the start of the Regular Season and end on the day following the last day of a Club's Playing Season. Subject to the provisions of this Article, the rights to the services of a Player may be Loaned to a club of another league, upon fulfillment of the following conditions, except when elsewhere expressly prohibited:
(a) Regular Waivers were requested and cleared during the Playing Season Waiver Period; and
(b) the Player has not played in ten (10) or more NHL Games cumulative since Regular Waivers on him were last cleared, and more than thirty (30) days cumulative on an NHL roster have not passed since Regular Waivers on him were last cleared.
13.3 Re-Entry Waivers. A Player who requires Regular Waivers may not be Recalled without first clearing Re-Entry Waivers, in accordance with Section 50.9(g) of this Agreement.
13.4 Exempt Players. Players who meet the criteria set forth below are exempt from Regular and Re-Entry-Waivers:
GOALIES SKATERS
Age Years from Signing
– NHL NHL Games Played Years from Signing
– NHL NHL Games Played
18 6 80 5 160
19 5 80 4 160
20 4 80 3 160
21 4 60 3 80
22 4 60 3 70
23 3 60 3 60
24 2 60 2 60
25+ 1 1
As used above, NHL Games include NHL Regular Season and NHL Playoff Games.
The exemption from Regular and Re-Entry Waivers ends immediately upon a Player playing in the number of NHL Games set forth in the applicable column above.
For purposes of Regular Waivers and Re-Entry Waivers, the five (5) year exemption for an 18 year old skater and the four (4) year exemption for a 19 year old skater shall both be reduced to three (3) years commencing the first season that the 18 or 19 year old skater plays in eleven (11) NHL Games or more. The next two (2) seasons, regardless of whether the skater plays any NHL Games in either season, shall count as the second and third years toward satisfying the exemption.
For purposes of Regular Waivers and Re-Entry Waivers, the six (6) year exemption for an 18 year old goalie and the five (5) year exemption for a 19 year old goalie shall both be reduced to four (4) years commencing the first season that the 18 or 19 year old goalie plays in eleven (11) NHL Games or more. The next three (3) seasons, regardless of whether the goalie plays any NHL Games in any of those three (3) seasons, shall count as the next three (3) years toward satisfying the exemption.
The first season in which a Player who is age 20 or older plays in one (1) or more Professional Games shall constitute the first year for calculating the number of years he is exempt from Regular Waivers and Re-Entry Waivers.
A Player 25 years old or older who plays in one (1) or more Professional Games in any season shall be exempt from Regular Waivers and Re-Entry Waivers for the remainder of that season.
For Players age 20 or older, Professional Games include NHL Games, all minor league regular season and playoff games and any other professional games, including but not limited to, play in European leagues when Player is on Loan to such club, and while Player is party to an SPC.
Note:
1. For purposes of this Article, a "year" of exemption shall mean a playing season.
2. For purposes of this Article, "age 18" means a Player reaching his eighteenth birthday between January 1 next preceding the Entry Draft and September 15 next following the Entry Draft, both dates included; "age 19" means a Player reaching his nineteenth birthday in the calendar year of the Entry Draft; "age 20" means a Player reaching his twentieth birthday in the calendar year of the Entry Draft; and "age 21" means a Player reaching his twenty-first birthday in the calendar year of the Entry Draft.
The following examples illustrate how the provisions in the Regular and Re-Entry Waivers chart shall be applied:
(a) An 18 year old or 19 year old drafted in the '05 Entry Draft who signed and played in eleven (11) NHL Games or more in the 2005-06 season will be exempt as follows:
Season Regular Waivers/Re-Entry Waivers
05-06 Exempt
06-07 Exempt
07-08 Exempt
08-09 Eligible
Note: Once an 18 year old or 19 year old Player has played in his 160th NHL Game, he will immediately become eligible for Regular Waivers and Re-Entry Waivers.
(b) An 18 year old drafted in the '05 Entry Draft who does not sign an SPC until July 2006 at the age of 19, and plays eleven (11) NHL Games in the 2006-07 season, will be exempt as follows:
Season Regular Waivers/Re-Entry Waivers
05-06 n/a
06-07 Exempt
07-08 Exempt
08-09 Exempt
09-10 Eligible
Note: Once an 18 year old or 19 year old Player has played in his 160th NHL Game, he will immediately become eligible for Regular and Re-Entry Waivers.
(c) A 20 year old Player who plays in one or more Professional Games in the 2005-06 season will be exempt from Regular and Re-Entry Waivers as follows:
Season Regular Waivers/Re-Entry Waivers
05-06 Exempt
06-07 Exempt
07-08 Exempt
08-09 Eligible
Note: Once a 20 year old Player has played in his 160th NHL Game, he will immediately become eligible for Regular and Re-Entry Waivers.
(d) A Player 25 years old or older who plays in one or more Professional Games in the 2005-06 season will be exempt from Regular and Re-Entry Waivers as follows:
Season Regular Waivers/Re-Entry Waivers
05-06 Exempt
06-07 Eligible
13.5 Waiver Expiration. The rights granted under this Article to Loan a Player(s) who is otherwise required to clear Regular Waivers to a minor league club expire for any Player(s) who, after clearing Regular Waivers:
(i) is not Loaned to a minor league club, or is Recalled from a minor league club (except on emergency recall); and
(ii) remains on an NHL roster for thirty (30) days (cumulative) or plays ten (10) NHL Games (cumulative).
13.6 Injured Player Loan to Minor Leagues. A Player who is otherwise required to clear Regular Waivers and who is injured while on an NHL roster can be placed on Regular Waivers and be Loaned to a minor league club prior to appropriate medical clearance being granted only if the Player was on NHL Recall at the time of injury and has not played ten (10) NHL Games (cumulative) or remained on the NHL roster for thirty (30) days (cumulative) since his Recall. Player shall receive his Paragraph 1 NHL Salary and benefits until appropriate medical clearance is granted. All other Players may not be Loaned until appropriate medical clearance is granted.
A Player who is otherwise required to clear Regular Waivers who is injured during Training Camp must clear Regular Waivers if he remains on an NHL roster for thirty (30) days (cumulative) during his injury or if he plays ten (10) NHL Games (cumulative) before being Loaned to a minor league club.
The Player's injured days on the roster and NHL Games played following such injury count towards the Waiver expiration provision of Section 13.5.
13.7 Expansion Draft, Team Relocation. Any Player forced to move as a result of being claimed in an expansion draft, or as a result of a team relocation, shall be paid $6,000. (This payment shall not affect or be credited against "moving expenses" to which the Player might otherwise be entitled).
13.8 Conditioning Loan. Unless a Player consents, he shall not be Loaned on a Conditioning Loan to a minor league club. Such Conditioning Loan shall not extend for more than fourteen (14) consecutive days. The Commissioner may take whatever steps he deems necessary to investigate the circumstances under which a Player is Loaned on a Conditioning Loan. If the Commissioner has reason to believe or determines that the Club has used the Conditioning Loan to evade the Re-Entry Waivers, or otherwise Circumvent any provision of this Agreement, he may take such disciplinary action against the Club, as he deems appropriate. The Player shall continue, during the period of such Conditioning Loan, to receive the same Paragraph 1 NHL Salary, and be entitled to the same benefits, that he would have received had he continued to play with the Club.
13.9 Bona Fide Long-Term Injury/Illness Exception Conditioning Loan: A Player who is on the Bona Fide Long-Term Injury/Illness Exception as set forth in Article 50 may, with his consent, during the term of such Bona Fide Long-Term Injury/Illness Exception (but in no event during the first fourteen (14) calendar days and six (6) NHL Games), be Loaned on a Conditioning Loan (the "Bona Fide Long-Term Injury/Illness Exception Conditioning Loan") for a period not to exceed up to the longer of six (6) days and three (3) games, solely for the purpose of determining whether the Player is fit to play. If the Club determines that it needs more time to assess the Player's fitness to play, the Club may file a written request by facsimile with the Commissioner's Office, with a copy to the NHLPA, in accordance with Exhibit 3 hereof, to extend the Loan for an additional two (2) games. The Commissioner, upon good cause, may approve the one-time extension. The Commissioner's approval shall not be unreasonably withheld. A Player on a Bona Fide Long-Term Injury/Illness Exception Conditioning Loan will continue to be listed on Injured Reserve and will not count against the Club's 23-man roster limit. The Club's Bona Fide Long-Term Injury/Illness Exception will continue until the Conditioning Loan ends, and his Paragraph 1 NHL Salary and Bonuses will continue to count against the Club's Upper Limit and the Players' Share during such time. The Commissioner may take whatever steps he deems necessary to investigate the circumstances under which a Player is placed on a Bona Fide Long-Term Injury/Illness Conditioning Loan. If he has reason to believe or determines that the Club has used the Bona Fide Long-Term Injury/Illness Conditioning Loan to evade Re-Entry Waivers or otherwise to Circumvent any provision of this Agreement, he may take other disciplinary action against the Club as he deems appropriate. A Bona Fide Long-Term Injury/Illness Conditioning Loan may be extended on one occasion. This procedure can only be used once during each period of time that the Player is on a Bona Fide Long-Term Injury Exception.
13.10 Recognition of Minor League. For purposes of this Agreement, except as expressly set forth in Article 9, minor league club shall only include any club in the American Hockey League.
13.11 No Loans to East Coast Hockey League. A Player who is not in the Entry Level System may not be Loaned to the East Coast Hockey League without his consent.
13.12 Transfers To/From Minors. In the case of a Club moving a Player either to or from a minor league club, the following procedure shall be followed:
(a) The Club responsible for the move shall provide to the Player for a period of up to 28 days (through the 28th day or earlier upon Club's notice to Player that the move is permanent) a reasonable single hotel room or, at the Player's option, a daily payment - applicable NHL per diem for Player Recalled from minors: $45 for Player Loaned to minors. If Section 13.12(d) applies, the Club shall provide the aforementioned daily payment or the applicable accommodations under Section 13.12(d) for a period of up to 56 days (through the 56th day or earlier upon Club's notice to Player in writing by hand delivery with a copy to the Central Registry and the NHLPA, in accordance with Exhibit 3 hereof, that the move is permanent). In either case, where the Club has provided the Player with accommodation, the Club shall provide an additional five (5) days accommodation and one-half per diem for each of the same five (5) days after he has been advised to get a place or at the conclusion of the 28th day (or 56th day if Section 13.12(d) applies). The Player shall be allowed to keep his hotel room at Club's expense while the Club is traveling on the road during the said 28-day period (or 56-day period if Section 13.12(d) applies).
(b) A Club that provides a Player with accommodation, whether it be in the minor league or NHL (hotel, house, apartment, etc.), shall pay one-half day per diem for each day the Player is in his home city. Normal per diem shall be paid when Player is traveling with team. A Player who elects to receive the cash payment described in (a) above shall not receive the one-half day per diem.
(c) The Club must decide and notify Player, in writing by hand delivery, with a copy to the Central Registry and the NHLPA by facsimile, in accordance with Exhibit 3 hereto, by not later than the 28th day following the move as to whether or not the Player will remain with the Club to which he has been moved. Until such notification, the Player may not incur liability in connection with rental or purchase of quarters, except at his own risk.
(d) In the case of a Club moving a Player from a minor league club to the Club, if after the 28th day the Club has not decided whether the Player will remain with the Club, the Club shall so notify the Player in writing by hand delivery, with a copy to Central Registry and the NHLPA by facsimile, in accordance with Exhibit 3 hereto and provide the Player with a hotel or similar accommodation, with a kitchen area, at least of comparable quality to that the Club stays at when it is on the road (such accommodation shall be a two (2) bedroom accommodation if the Player is joined by his spouse or Living Companion and also his children) for a period of up to an additional 28 days. Until the Club notifies the Player that he will remain with the Club, the Player may not incur liability in connection with rental or purchase of quarters, except at his own risk. At the expiration of the 56th day, the Player shall be free to arrange his own accommodations without seeking the Club's permission.
(e) The Player shall be entitled to one (1) round trip economy class air fare, between the minor league team and the Club location, within fifteen (15) days of the Loan or Recall or, with the consent of the Club, within any extended period. Club and Player shall agree on a two (2) day period for this trip, but said period shall not interfere with any NHL Game.
(f) Following the 28th day (or the 56th day if Section 13.12(d) applies), or sooner upon notice by the Club to the Player, in writing by hand delivery, with a copy to Central Registry and the NHLPA by facsimile, in accordance with Exhibit 3 hereto, that the move is permanent, the Player shall be allowed to obtain his own accommodation and move his household goods and family to the city to which he has been transferred in accordance with Article 14. In the case of a Player moved from the minors, following the 28th day, the Player shall be allowed to bring his spouse or Living Companion to join him, at the Club's expense.
(g) Any Player Recalled to a Club under emergency conditions shall be entitled to the same benefits provided a Player under Article 13.12. However, following the 28th day after the Recall, the Player shall be allowed to bring his spouse or Living Companion to join him, at the Club's expense, and the Club shall pay for their return when the Player is returned after termination of the emergency. The Player shall not be entitled to reimbursement of expenses if he obtains his own accommodation and moves his household goods without the consent of the Club.
(h) Solely for purposes of this Article 13, days on the Active Roster shall include the day the Player is Recalled from a minor league club. Days on the Active Roster shall not include the day the Player is Loaned to a minor league club provided such Loan is noticed to the Player no later than the earlier of:
(i) The beginning of that day's practice with his Club, or
(ii) 12 noon local time.
(i) A Club may Loan Players on its Reserve List to clubs of any league affiliated with the NHL. The names of the Players Loaned shall remain on the Reserve List of the Club. A Loan Agreement shall be executed in the form approved by the Governors and shall contain all the particulars thereof and shall be signed on behalf of both clubs. Such Loan Agreement shall be filed promptly in the office of the Commissioner.
(j) A Player may be Loaned to a club of any league affiliated with the League at any time up to 3:00 p.m. New York time of the fortieth (40th) day immediately preceding the final day of the Regular Season (the "Trade Deadline"). Following this period only the Player or Players who have been Recalled during such restricted period under Article 13.12(l) or 13.12(m) may be Loaned back to the member club of the affiliated league from which they were Recalled.
(k) A Player who has been Loaned to a club of any league affiliated with the NHL may be Recalled at any time subject to the provisions of Articles 13.12(l) and 13.12(m).
(l) During the period following 3:00 p.m. New York time of the fortieth (40th) day immediately preceding the final day of the Regular Season no Player may be Recalled from Loan to a club of any league affiliated with the NHL, except that:
(i) A Club may exercise four Recalls from a club or clubs of any league affiliated with the NHL, of Player(s) listed on its own Reserve List.
(ii) Players may be Recalled under Article 13.12(m).
(iii) Players may be Recalled upon completion of the regular season and playoff schedule of the club to which they were Loaned.
(m) Emergency Recall.
(i) A Player on Loan to a club of any league affiliated with the League may be Recalled from such Loan under emergency conditions at any time for the duration of the emergency only following which he must be returned promptly to the club from which he was Recalled.
(ii) Emergency conditions shall be established when the playing strength of the Loaning Club, by reason of incapacitating injury or illness or by League suspension to its Players is reduced below the level of two (2) goalkeepers, six (6) defensemen and twelve (12) forwards. Proof of the existence of the emergency conditions including the incapacity shall be furnished to the Commissioner of the League upon request made by him.
(iii) For the purpose of establishing the existence of emergency conditions at any time, to support the Recall of a Player for participation in any Playoff Game, it shall be deemed that the Player(s) on Loan following 3:00 p.m. New York time of the fortieth (40th) day immediately preceding the last day of the Regular Season are continuing on Loan for the remainder of the season notwithstanding that the Loaned club(s) may have been eliminated from further play for the season.
13.13 Waiver Notification.
(a) The Player and the NHLPA shall be notified within two (2) hours whenever the Player: (a) is placed on Waivers; (b) clears Waivers; or (c) is claimed on Waivers. Notification to the NHLPA shall be by fax in accordance with Exhibit 3.
(b) A Player who is placed on Waivers by his Club may request permission from his Club to contact other Clubs during the applicable Waiver period to discuss the Club's level of potential interest in the Player's services. The Club may decline such request in its sole discretion. If such permission is granted, it must be evidenced in writing from the Club, with a copy via facsimile to Central Registry and the NHLPA, all in accordance with Exhibit 3 hereof.
(c) The League shall notify the NHLPA in accordance with Exhibit 3, within two (2) hours upon the expiration of the Waiver period for such particular Player, whenever multiple claims are made on a Player who is put on Waivers.
13.14 Transfer Form.
(a) Player(s) Loaned to or Recalled from a minor league club shall receive a transfer form. In order to make said Loan or Recall effective, the Club must send a copy to the NHLPA and NHL by facsimile, in accordance with Exhibit 3 hereto, prior to that Player playing in an NHL Game and, in all other circumstances, immediately.
(b) (i) A Club Recalling a Player from a minor league club, under emergency conditions, must specify on the transfer form the name of the injured, ill or suspended Player whom the Player on emergency Recall is replacing.
(ii) When an emergency condition terminates, the Club must submit a transfer form indicating whether the Player's status has converted to regular Recall or is Loaned to his minor league club.
(c) Clubs will provide written confirmation that Players Loaned to or Recalled from the minors will receive or have received the per diems required by Article 13.12 by way of the Club checking the appropriate box on the revised version of the Transfer Form attached hereto as Exhibit 26.
(d) In the event that a Player is not paid the per diem payments required by Article 13.12, the NHLPA may file a Grievance on behalf of that Player, by specifically identifying the Player, the amount alleged to be due and owing and the dates to which such per diems are alleged to relate. Such a Grievance may be filed at any time up until 30 days after the completion of the Stanley Cup Finals following the season in which the nonpayment occurred and any such Grievance pleaded with such specificity will be deemed timely.
13.15 Holiday Roster Freeze. For all Players on an NHL Active Roster, Injured Reserve, or Players with Non-Roster and Injured Non-Roster status as of midnight local time December 19, a roster freeze shall apply through midnight local time December 27, with respect to Waivers, Trades and Loans; provided, however, that Players may be Recalled to NHL Clubs during this period and, provided further, that if a Player is placed on Regular Waivers or Re-Entry Waivers prior to the roster freeze period and is claimed during such roster freeze period, the roster freeze period shall not apply and the Player shall immediately report to the claiming Club. However, during the roster freeze period a Club can make any Player transactions necessary for the Club to come into compliance with Article 50 as a result of a Player being removed from the Bona Fide Long-Term Injury/Illness Exception.
13.16 Waiver Prices.
(a) Except as specifically otherwise provided in this Agreement, the prices applicable to Players being Waived on Regular and Re-Entry Waivers shall be in US dollars, and are as follows:
For each forward and defenseman who has not in the aggregate completed more than the following years under one or more SPCs:
2 Years - $67,500
3 Years - $56,250
4 Years - $41,250
5 Years - $26,250
For each goaltender who has not in the aggregate completed more than the following years under one or more SPCs:
2 Years - $90,000
3 Years - $75,000
4 Years - $67,500
5 Years - $63,750
For each forward, defenseman and goaltender who has not in the aggregate completed more than the following years under one or more SPCs:
6 Years - $15,000
7 Years - $13,125
8 Years - $11,250
9 Years - $7,500
In the case of any Player who has completed more than nine (9) years under one or more SPCs - $3,375.
(b) The Waiver price of a Player for whom an unconditional release is sought via Unconditional Waivers shall be $125.00 US dollars.
13.17 A Club desiring to obtain Regular, Re-Entry or Unconditional Waivers on a Player subject to the provisions of this Article shall notify the NHL of such request via the method then being used by the League. The resulting procedure will be conducted by the Central Registry which shall notify all parties affected by the request and report the result to the parties entitled thereto.
13.18 The request for Regular, Re-Entry and Unconditional Waivers to Central Registry will be processed every day at 12:00 noon New York time. The following specifies the schedule within which a Waiver claim must be made:
DISPATCHED
(At Noon New York time) WAIVER PERIOD EXPIRY DAY
(At Noon New York time)
Monday 24 hours Tuesday
Tuesday 24 hours Wednesday
Wednesday 24 hours Thursday
Thursday 24 hours Friday
Friday 24 hours Saturday
Saturday 48 hours Monday
Sunday 48 hours Tuesday
(a) A Player on Regular, Re-Entry or Unconditional Waivers cannot be Traded or Loaned until after the expiration of the Waiver period.
(b) If no Club has claimed the Player within the time specified in the request for Waivers the requesting Club may Loan such Player to a club of another league.
13.19 If only one Club makes a claim for the Player on whom Waivers have been requested, such Player shall be transferred to that Club. In the event that more than one Club makes a claim for such Player, he shall be transferred to the claiming Club having earned the lowest percentage of possible points in the League standing at the time of the request for Waivers or, if Waivers are requested outside the playing season, then to the Club having earned the lowest percentage of possible points in the preceding season's schedule of Regular Season Games. If the successful Waiver claim is made before November 1st then the priority shall be determined by the final standing in the League's Regular Season schedule in the preceding season.
13.20 (a) The Club acquiring a Player by Waiver claim shall take an Assignment of the Player's SPC. Nevertheless, if the Commissioner determines that a Player acquired by Waiver claim is not physically fit at the time the claim is made, the Club making the claim may refuse to take an Assignment of such Player's SPC and the request for Waivers shall be canceled.
(b) A Player who has been acquired by Waiver claim shall not be Traded to another Club until the termination of Playoffs of the season in which he was acquired unless he is first offered on the same terms to the Club(s) that entered a claim when Waivers were requested originally and the offer has been refused.
13.21 (a) When a Club desires to terminate a Player's SPC for any reason, such action may not be taken until Unconditional Waivers have been requested and cleared in conformity with this Article. Notwithstanding this provision, a Player with a no-move clause shall have the rights set forth in Section 11.8.
(b) Subsection (a) hereof is not applicable to a Player whose name is being placed on the Voluntarily Retired List.
13.22 When a Club claims a Player on Regular, Re-Entry or Unconditional Waivers, and, subsequently, in the same season it requests Waivers on the same Player and the original owning Club is the successful and only Club making a Waiver claim, then the original owning Club shall be entitled to Loan such Player to a club in another league within thirty days without further Waivers being asked; provided that such Player has not participated in ten or more NHL Games (cumulative) and remained on an NHL roster more than thirty days (cumulative) following such successful claim.
13.23 In the event a professional or former professional Player plays in a league outside North America after the start of the NHL Regular Season, other than on Loan from his Club, he may thereafter play in the NHL during that Playing Season (including Playoffs) only if he has first either cleared or been obtained via Waivers. For the balance of the Playing Season, any such Player who has been obtained via Waivers may be Traded or Loaned only after again clearing Waivers or through Waiver claim.
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