Schedule B
SOCIETY ACT
Bylaws of the Summerland Minor Hockey Association
(March 2015)
This section includes information pertaining to:
Part 1 Interpretation | Part 2 | Part 3 Meetings | Part 4 Proceedings at General Meeting | Part 5 Voting |
Part 6 Executive Officers and Appointed Positions | Part 7 Powers and Responsibilities of Executive Officers | Part 8 Specific Duties of Executive Officers | Part 9 Committees-Duties and Powers | Part 10 Appeals |
Part 11 Regulations/Harassment and Sexual Abuse Policies | Part 12 Borrowing | Part 13 Notice to Members | Part 14 Bylaws |
Part 1-Interpretation
1(1) In these bylaws, unless the context otherwise requires:
1(2) The definitions in the Society Act (RSBC 1996) on the date these bylaws become effective apply to these bylaws, unless otherwise defined in these bylaws for the purposes of these bylaws.
1(3) Words importing the singular include the plural and vice versa, and words importing a male person include a female person and a corporation.
Part 2-Membership
2(1) A person who is defined as a member in Part 2 Section 2(2) shall subsequently join the membership of the Association, in accordance with the constitution, bylaws and regulations. Membership within the Association shall only cease as defined in Part 2, Section 2(6) of these bylaws. Members may be required to register with the Registrar of the Association and/or the OMAHA and/or the BCAHA as required.
2(2) A member of the Association shall be defined as follows:
2(3) The membership year for the Association shall commence on May 1st and shall end on April 30th the following year.
2(4) Every member of the Association must uphold the constitution, bylaws and regulations of the Association. Any violation of the constitution, bylaws and regulations of the Association, or failure to follow the direction of the Executive Officers of the Association, by any member of the Association shall render such member liable to suspension and/or disciplinary action and/or expulsion from the Association as the case may be.
2(5) All members are in good standing unless they are deemed to be a member not of good standing or membership ceases as defined in Part 2, Section 2(6).
2(6) Membership within the Association shall cease where:
2(7) Life Membership is the highest honour that can be bestowed by the Association and is awarded for distinctive service to the Association. Life Members shall be elected at the Annual General Meeting of the Association by a 75% majority of the members voting thereon. A Life Member shall have full voting rights at any General Meeting of the Association.
2(8) A complete list of Life Members shall be kept and maintained by the Registrar.
Part 3-Meetings
3(1) Every General Meetings shall be held at a time and place, in accordance with the Society Act, as decided by the Executive Officers of the Association.
3(2) The Annual General Meeting of the Association shall be held within 30 days of the fiscal year end[2].
3(3) Notice of a General Meeting, special resolution or new business to be discussed at a General Meeting of the Association, shall be posted at the Summerland Arena and the Association web site 14 clear days prior to the date of the General Meeting. Notice shall be given in writing and shall state the place, day and hour of the meeting and the general nature of the business to be brought before the meeting. The accidental omission of information, accidental failure to give notice within 14 clear days, or due to circumstances beyond the control of the Association that may result in members not receiving notice that are entitled to receive notice does not invalidate proceedings at that meeting.
3(4) The President shall call an Extraordinary General Meeting of the Association, at any time, to address issues deemed by a majority vote of the Executive Officers to be of importance to the welfare of the Association, subject to Part 3, Section 3(3). The President of the Association, on the requisition of 10% or more of the voting members of the Association must convene an Extraordinary General Meeting of the Association without delay. For the purposes of this bylaw "without delay" means a minimum of 14 clear days to notify the membership as outlined in Part 3, Section 3(3).
3(5) Any member wishing to bring new business before a General Meeting must provide notice of the new business to be discussed to the President of the Association. Any notice of new business shall be received in writing 21 clear days prior to the date of the General Meeting. Such notification is necessary to advise the membership as outlined in Part 3, Section 3(3) of these bylaws.
3(6) The President shall call regular meetings of the Executive Officers throughout the year. All meetings of the Executive Officers shall be at the call of the President, except as outlined in Part 3, Section 3(7). Any member of the Association may attend an Executive Meeting providing written notification stating the business to be discussed by the member is received in writing, by the President, seven (7) clear days prior to the date of the Executive Meeting. The President shall ensure such members receive and are allocated appropriate time to state their business before the Executive Officers. No other business, other than the business stated, shall be attended or discussed by the member at the Executive Meeting. A member of the Association shall not attend an Extraordinary Executive Meeting, unless they are the subject of the Extraordinary Executive Meeting; the final decision of which shall rest with the President. The President may invite any member or other person to attend an Executive Meeting and speak before the Executive Officers of the Association.
3(7) At the request of five (5) Executive Officers, the President shall call an Extraordinary Executive Meeting. No subject shall be discussed or considered at any Extraordinary Executive Meeting of the Executive Officers except that specified in the notice to the Executive Officers attending the Extraordinary Executive Meeting.
Part 4-Proceedings at General Meeting
4(1) The order of business at General Meeting of the Association shall be:
4(2) No General Meeting shall precede without a quorum. At any time during a General Meeting there ceases to be a quorum present, business then in progress must be suspended until there is a quorum present or until the General Meeting is adjourned or terminated by the chair. A quorum shall be a minimum of 3 members present or a greater number that the members may determine at a General Meeting.
4(3) If within 30 minutes from the time appointed for the General Meeting a quorum is not present, the meeting, if convened on the requisition of members, must be terminated. A General Meeting convened for any other reason, must stand adjourned to the same day in the next week, at the same time and place or as reasonably practical, and if, at the adjourned General Meeting, a quorum is not present within 30 minutes from the time appointed for the meeting, the members present constitute a quorum..
4(4) No business, other than the election of a chair and the adjournment or termination of a General Meeting may be conducted when a quorum is not present.
4(5) The President of the Association, Vice-President or, in the absence of both, one of the Executive Officers present must preside as chair of a General Meeting. If at a General Meeting:
4(6) A General Meeting may be adjourned from time to time and from place to place, but business must not be conducted at an adjourned General Meeting other than the business left unfinished at the General Meeting from which the adjournment took place. When a General Meeting is adjourned for 10 days or more, notice of the adjourned General Meeting must be given as in the case of the original General Meeting. Except as provided by bylaw, it is not necessary to give notice of an adjournment or of the business to be conducted at the adjourned General Meeting.
4(7) An Executive Officer, at the end of their elected term, must retire from office at the Annual General Meeting upon the election of their successor.
4(8) All General Meetings of the Association shall be conducted in a civil and orderly manner. Roberts Rules of Order Newly Revised are the Official Rules of Order covering all meetings of the Association, except where they are inconsistent with the constitution, bylaws or regulations of the Association, in which case the constitution, bylaws or regulations of the Association shall prevail.
4(9) The Secretary or designate of the Association shall keep accurate minutes of all proceeding of the Association. The Secretary or committee chair as the case maybe, shall maintain custody of the minutes and provide the minutes to the President for filing. The minutes shall be kept by the President for seven (7) years.
PART 5-Voting
5(1) There shall be no proxy votes at any meeting within the Association.
5(2) Association members who are of good standing are deemed to be voting members for the purposes of a General Meeting providing they meet one of the following criteria:
5(3) A non voting member shall be a member who is:
5(4) No member who is eligible to vote, shall vote more than once on any individual matter of business, in which a vote of the Association membership is required at a General Meeting.
5(5) Voting at General Meetings will be by a show of hands, with the exception of the election of Executive Officers or any other matter deemed appropriate by the members of the Association.
5(6) Separate elections must be held for the office of each Executive Officer within the Association at the Annual General Meeting.
5(7) An election may be by acclamation if no nominations are received from the floor at a Annual General Meeting, otherwise it shall be by secret ballot.
5(8) The election of Executive Officers to elected positions of the Association shall be done by secret ballot. Three (3) members of the Association shall be chosen by the chair to act as a scrutineer. The scrutineers shall over see the secret ballot process to ensure it is conducted fairly and consistently. The scrutineers shall count the secret ballots and report their findings to the chair. No secret ballots shall be destroyed, until a motion is tabled and passed by the membership of the Association to destroy the secret ballots.
5(9) Members of the Association may by special resolution, at a General Meeting, remove an Executive Officer, before the expiration of their term of office, and may elect a successor to complete the term of office.
5(10) A special resolution shall require not less than 75% of the majority of the vote at a General Meeting in order to be adopted by the Association.
5(11) The President of the Association shall only vote at a General Meeting in the event of a tie vote.
5(12) Any member in good standing may attend a General Meeting or an Executive Meeting of the Association, subject to Part 3, section 3(5) of these bylaws.
5(13) Any member attending a General Meeting of the Association has the right to nominate any adult member in attendance, or nominate any adult member who has provided a written proxy of intent to run for an elected position within the Association.
5(14) A nomination shall not be accepted for the position of President, unless the member nominated has served as an Executive Officer in the past two years and the nominated member has served and completed at least a one (1) year term as an Executive Officer within the Association.
5(15) All elected and appointed Executive Officers to hold office within the Association must undertake a criminal record background check as prescribed by the regulations of the Association. Executive Officers who do not successfully complete a criminal background check or are deemed unsuitable as Executive Officers as a result of a criminal background check shall automatically forfeit their position within the Association. Such matters will be dealt with through the disciplinary committee. An effected Executive Officer shall have the right of appeal to the appeal committee of the Association.
Part 6-Executive Officers and Appointed Positions
6(1) Pursuant to the Society Act the directors of the Association shall be known and hereinafter referred to as the Executive Officers of the Association. The Executive Officers of the Association shall consist of the: President, Vice- President, Immediate Past President, Secretary, Treasurer, Registrar, Referee-in- Chief, Head Coach, Ice Manager, Tournament Director, Risk Manager/Team
First, Senior Director, Junior Director, and the Member at Large (1 positions).
6(2) The elected positions of the Executive Officers of the Association shall be the President, Vice-President, Secretary, Registrar, Senior Director, Junior Director, Ice Manager,Tournament Director, Risk Manager/Team First,and the Members at Large ( one positions). The elected term of the Executive Officers positions shall be for a one (1) year term, except for that of the President and Registrar. The Elected Term of the President and Registrar shall be for a two (2) year term.
6 (3) The position of Immediate Past President shall be automatic upon the election of a new President of the Association at the Annual General Meeting. The Immediate Past President may hold this position, until such time the presiding President of the Association is replaced.
6(4) The Positions of Referee-in Chief, Assistant Referee-in-Chief, Head Coach, Fund Raising Coordinator, Equipment Manager, Goalie Coach and Treasurer shall be appointed by the Executive Officers.
6(5) The appointed positions of Referee-in Chief, Assistant Referee-in-Chief, Head Coach, and Treasurer shall be for a two (2) year term. The appointed positions of Fund Raising Coordinator, Equipment Manager, Goalie Coach shall be for a one (1) year term. The Positions of Referee-in Chief and Assistant Referee-in Chief shall be offsetting terms whenever possible.
6(6) The President of the Association shall request any Executive Officer, with the exception of the Immediate Past President; who is absent from two (2) consecutive Executive Meetings to resign their position. This section shall not apply, if in the opinion of the President, in consultation with the discipline committee, extenuating circumstances exist.
Part 7-Powers and Responsibilities of Executive Officers
7(1) The Executive Officers may exercise all the powers and do all the acts and things that the Association may exercise and do, and that are not by these bylaws or by statute or otherwise lawfully directed or required to be exercised or done by the society in a General Meeting, but subject, nevertheless, to:
7(2) A rule, made by the Association in a General Meeting, does not invalidate a prior act of the Executive Officers that would have been valid if that rule had not been made.
7(3) The Executive Officers of the Association shall have the power to, and shall if practical, appoint a member as an Executive Officer to fill a vacancy which may occur within its numbers. An Executive Officer so appointed shall hold office until the conclusion of elections at the next Annual General Meeting, but is eligible for re-election at the Annual General Meeting.
7(4) The Executive Officers of the Association may amend, alter or delete the regulations of the Association, provide direction to members of the Association, amend or alter the rules of any House League or Championship Competition providing the amendments are consistent with OMAHA, BCAHA and CHA Rules and Regulations.
7(5) The President of the Association shall have the power to suspend, discipline or expel [expelled subject to Part 2, section 2(6)(e) of these bylaws] any team official, player, on-ice official, off-ice-official, parent, guardian, Executive Officer or any other member of the Association. A mutually aided player or on- ice official who is the ward of a parent or guardian; deemed not to be in good standing by the Association may also be subject to suspension, discipline or expulsion by the Association. Any suspension, disciplinary action or expulsion must be consistent with the constitution, bylaws and the regulations of the Association.
7(6) All matters of business, clauses in the constitution, bylaws or regulations may be clarified and defined at any time by a majority vote of a quorum at any meeting of the Executive Officers. A quorum shall consist of majority of all the Executive Officers (more than 50%).
7(7) The number of Executive Officers within the Association must be a minimum of five (5) or a greater number determined from time to time at a General Meeting. An act or proceeding of the Executive Officers is not invalid merely because there are less than the numbers of Executive Officers as required by these bylaws.
7(8) The Executive Officers of the Association shall attend regular Executive Meetings throughout the year at the call of the President. The Executive Officers may meet at any place they see fit to conduct business, adjourn and otherwise regulate the meetings and proceedings of the Association.
7(9) The President shall chair all meetings of the Executive Officers of the Association, but if at an Executive Meeting the President is not present within 15 minutes after the time appointed for holding the meeting, the Vice-President shall act as chair, but if neither is present the Executive Officers may choose one of their number to act as chair at the Executive Meeting.
7(10) Only the Executive Officers shall have the right to vote at an Executive Meeting of the Association.
7(11) The President of the Association shall only vote at an Executive Meeting in the event of a tie vote.
7(12) The President may submit a notice of motion to the Executive Officers via electronic correspondence providing the nature of the business is deemed to be of an urgent nature and cannot wait until the next regular meeting of the Executive Officers. An Executive Officer shall table the notice of motion via the President, which in turn shall be seconded by a separate Executive Officer. Upon the notice of motion being seconded by an Executive Officer; the President shall provide a discussion period; upon the completion of the discussion period the motion shall be put to the Executive Officers. A quorum shall be required to pass the motion. This bylaw in no way negates the authority of the President to act on behalf of the Association in the event of an emergency.
Part 8-Specific Duties of Executive Officers[3]
Voting Members
8(1) President (Elected 2 Year Term) - The President is the Chief Executive Officer of the Association and oversees the other Executive Officers in the performance of their duties. Within the jurisdiction of the Association, the President shall have all the powers of the President of the Branch, including the powers to:
8(2) Vice-President (Elected 1 Year Term) - In the absence of the President, the Vice-President shall have and exercise all the obligations, duties and powers of the President. Duties specific to the position of Vice-President are as follows:
8(3) Immediate Past President (Honorary Position) - The Immediate Past President may:
8(4) Secretary (Elected 1 Year Term) - The Secretary or designate shall:
8(5) Treasurer (Appointed 2 Year Term) - The Treasurer shall:
8(6) Registrar ( Elected 2 Year Term) - The Registrar shall:
8(7) Referee-in-Chief (Appointed 2 Year Term) - The Referee-in Chief shall:
8(8) Head Coach (Appointed 2 Year Term) - The Head Coach shall:
8(9) Senior Director (Elected 1 Year Term) - The Senior Director shall:
8(10) Junior Director (Elected 1 Year Term) - The Junior Director shall:
8(11) Ice Manager (Elected 1 Year Term) - The Ice Manager shall be:
8(12) Risk Manager/Team First (Elected 1 Year Term) - The Risk Manager/Team First shall:
8(13) Tournament Director (Elected 1 Year Term) - The Tournament Director shall:
8(14) Member at Large - 1 position (Elected 1 year Term) - The Member at Large shall:
8(15) Division Directors (to be drawn from voting Executive Members) - The Division Directors shall:
Non-voting Members
8(16) Fund Raising Coordinator (Appointed 1 Year Term) - The Fund Raising Coordinator shall:
8(17) Assistant Referee-in-Chief (Appointed 2 Year Term) - The Assistant Referee- in-Chief shall:
8(18) Equipment Manager (Appointed 1 Year Term) - The Equipment Manager shall:
8(19) Goalie Coach (Appointed 1 year term) - The Goalie Coach shall:
Part 9-Committees-Duties and Powers
9(1) The standing committees of the Association shall be:
An Executive Officer appointed to a committee of the Association with a direct conflict of interest shall step down from the committee and an alternate may be
appointed by the chair of the committee. The final decision on any direct conflict of interest will rest with the President. The standing committees of the Association shall
be established as soon as practical after the Annual General Meeting.
Discipline Committee
9(2) The discipline committee shall consist of:
The discipline committee shall have the power to investigate and hear all matters pertaining to discipline. The discipline committee shall follow the discipline procedure prescribed by the regulations of the Association and shall consult with and make recommendations to the President.
Coach Selection Committee
9(3) The coach selection committee shall consist of:
The coach selection committee shall use the coach selection process as prescribed by the regulations of the Association. The Head Coach or designate shall then make recommendations to the President, for subsequent ratification by the Executive Officers.
Player Selection Review Committee
9(4) The player selection review committee shall consist of:
The player selection review committee shall investigate and hear complaints in regards to player selection within the Association. The player selection review committee shall follow the player selection procedure prescribed by the regulations of the Association and shall consult with and make recommendations to the President.
Part 10- Appeals
Appeal Committee
10(1) The appeal committee shall consist of:
10(2) Decisions made by the President of the Association pertaining to the suspension or discipline of a member, coach selection, player selection or a determination of a member being not of good standing may be appealed to the appeal committee.
10(3) Decisions made by the appeal committee pertaining to the suspension or discipline of a member, coach selection, player selection or a determination of a member being not of good standing shall not be subject to further appeal within the Association.
10(4) The expulsion of a member by way of special resolution at a General Meeting shall not be subject to further appeal within the Association.
10(5) An appeal must be received in writing within seven (7) clear days of the notification of the suspension, disciplinary action or decision. An appeal hearing shall be scheduled within seven (7) clear days of the notification of the appeal being received in writing by the President.
10(6) All scheduled appeals shall be heard by the appeal committee within fourteen (14) clear days of the day of written notification, unless a mutual agreement is reached by both parties to extend the time. If the appellant member has requested a personal appearance, the appeal shall be dealt with within forty five (45) clear days of written notification.
10(7) The appeal committee shall only review a decision or hear an appeal under one of the following conditions:
10(8) Executive Members of the standing committee involved in the decision under appeal may present evidence at the appeal committee hearing, but shall not vote on the outcome of the appeal.
10(9) An appeal does not act as a stay of proceedings. All decisions made by the President or the chair of the appeal committee will remain in force pending the outcome of the appeal committee hearing; or a body of competent jurisdiction, as the case may be.
10(10) Suspensions or other disciplinary actions issued by the OMAHA or the BCAHA shall not be appealed to the Association; these societies have their own appeal procedure.
Part 11-Regulations/Harassment and Sexual Abuse Policies
11(1) The contents of the “Summerland Minor Hockey Association Policy Manual” shall be known as the regulations for the purposes of the constitution and these bylaws.
11(2) The regulations of the Association may be amended, deleted or created by a majority vote of the Executive Officers of the Association.
11(3) Any amendments to the Association regulations shall be posted at the Arena and the Association Web Site within fourteen (14) days following ratification by the Executive Officers. Failure to post the amended regulations within the fourteen (14) day period does not invalidate the amended regulations of the Association.
11(4) The 1998 Annual General Meeting adopts the BCAHA Harassment Policy (Appendix A) and Sexual Abuse Policy (Appendix B) and subsequent amendments in their entirety.
Part 12-Borrowing
12(1) In order to carry out the business of the Association the Executive Officers may, on behalf of and in the name of the Association, raise or secure the payment or repayment of money in the manner the Executive Officers decide, and, in particular but without limiting that power, by the issue of debentures.
12(2) A debenture must not be issued without the authorization of a special resolution at a General Meeting.
12(3) The members may, by special resolution, restrict the borrowing powers of the Executive Officers, but a restriction imposed expires at the next Annual General Meeting.
Part 13-Notice to Members
13(1) Notice to members pertaining to the business of the Association shall be by written notice posted at the arena and posted on the Association web site.
Part 14-Bylaws
14(1) On being admitted to the membership of the Association, each member is entitled to, and the Association must provide (upon request) to each member without charge, a copy of the constitution and bylaws of the Association.
14(2) These bylaws must not be altered or amended except by special resolution at a General Meeting of the Association.
[1] As per Extraordinary General Meeting on April 7, 2014
[2] As per Extraordinary General Meeting on April 7, 2014
[3] As per the Annual General Meeting on April 28, 2014