By-Laws
United Party of Canada By-Laws
Enacted by the National Executive on recommendation of the By-Laws,
As adopted by the National Executive Committee on December 4, 2010.
INDEX
1. Financial
2. Recognition
3. Membership
4. Meetings
1. FINANCIAL
1.1 Each constituency association within 45 days following its Annual General Meeting or such other time(s) as the National Executive may determine shall provide to the Secretary of the Party a completed financial report in the form attached as Schedule 1.1. If an association or organization fails to provide the required financial report the Secretary of the Party shall report such failure to file to the National Executive.
1.2 All candidates for Leader shall be subject to such disclosure in relation to the donations received and expenses incurred for each Leadership campaign as the National Executive shall from time to time prescribe in Rules and Procedures established for a Leadership selection process, provided that as a minimum the Rules and Procedures shall:
1.2.1 prescribe a spending limit for each candidate;
1.2.2 require that each candidate appoint a person to act as agent for financial dealings including disclosure to the National Executive of all expenses, receipts (including goods and services), borrowings and payments of accounts; and,
1.2.3 prescribe a timely format for providing disclosure of all required information to the National Executive. Such information shall be made available for disclosure in such manner as the National Executive shall determine.
1.3 Special circumstances which entitle the National Executive to take all necessary steps to assume control and ownership of all the assets of a constituency association include:
1.3.1 failure of the constituency association to meet the requirements of the Constitution, as applies to the respective constituency association;
1.3.2 suspension or revocation of recognition of the constituency association ; and,
1.3.3 for any constituency association, failure by a Member of Parliament elected from an electoral district in which the constituency association is situated to continue as a Member of the Party or failure of such Member of Parliament to actively support the Aims and Principles of the Party.
2. RECOGNITION
2.1 Constituency Recognition;
2.1.1 Until the party reaches official party status we will allow interim EDA’s. We have established a registration process and form for submission by groups or individual’s for recognition of EDA status. Groups or individuals must complete and submit the form to the Executive of the Party for their approval. Recognition of EDA status is at the sole authority of the party executive.
The Registration Form will include:
- Name of Electoral District
- The President must supply his address and any other contact information available.
- Name of Secretary and all other officers of the EDA
- Attach a copy of the adopted EDA Constitution/By-Laws
- Signed and dated application to the Executive
- Date of Approval (to be determined)
2.1.2 During each calendar year and within 45 days following its Annual General Meeting, every constituency shall file an Annual Return with the Secretary of the Party,
2.1.3 An Annual Return shall be in the form attached as Schedule 2.1.2, which form may be amended from time to time by the National Executive.
2.1.4 In the event a constituency association fails to meet the requirements of Articles 5.1 or 5.1.1 of the Constitution, a motion for suspension or revocation of that constituency association’s recognition may be made at the next National Executive meeting by the Secretary of the Party, provided that:
2.1.4.1 the motion of revocation or suspension has first been approved by the National Executive; and,
2.1.4.2 at least thirty (30) days prior to the National Executive meeting, the Secretary of the Party delivers written notice to the president or designated representative of the constituency association as recorded on the books of record of the Party.
2.1.5 A motion to suspend or revoke the recognition of a constituency association shall require the support of a simple majority of constituency association representatives present and voting at a National Executive meeting, and in the event such motion is approved, the National Director, authorized to take such actions as may be appropriate in the best interest of the Party.
2.1.6 Where a constituency association’s recognition has been suspended or revoked, recognition may be restored upon motion of the Secretary of the Party approved at a meeting of the National Executive.
3. MEMBERSHIP
3.1 At least ninety (90) days prior to the holding of:
3.1.1 an annual general meeting of a constituency association;
3.1.2 a delegate selection meeting of any such association for a national meeting; or,
3.1.3 a candidates’ nomination meeting; the secretary of the association shall send to the National Director notice of the date, time and place of the meeting.
3.2 The membership list of each constituency association shall be certified by the National Director through the Party’s National Headquarters fourteen (14) days before the holding of any meeting referred to in Sections 3.1.2 or 3.1.3 and the said certified membership list shall be remitted to the secretary of the association. Only certified Members shall be allowed to vote at any such meeting. Only those memberships which are received by National Headquarters at least thirty (30) days before the meetings noted above shall be certified by National Headquarters.
3.3 At any other time, the membership list of a constituency association shall be updated and remitted by the National Director to the president or secretary of the association upon request or to such other person(s) as may be determined by the Secretary.
3.4 No use of any list generated from or administered by the National Membership Program (NMP) may be made for any purpose external to the Party without the prior written approval of the National Executive.
3.5 A membership in the Party is valid until December 31st of each calendar year for which it is purchased in the case of constituency associations, (“Renewal Date”);
3.5.1 New memberships purchased after October 1 of a given year shall be valid for the duration of that year and for the full subsequent year.
3.6 Applications for membership and renewals of membership shall be in forms prescribed for such purpose by the Secretary of the Party, which forms shall be provided by the Party.
3.7 Membership cards shall be in a form prescribed by the Secretary of the Party.
3.8 In the case of constituency associations, a request to renew membership shall be extended by the Party to all members of each association within three (3) months of the Renewal Date unless the secretary of an association files a notice with the Secretary of the Party.
3.9 For the purposes of Articles 5.3 of the Constitution of the Party, the words “regular basis” are defined as follows:
3.9.1 with regard to constitutional amendments, within thirty (30) days of approval;
3.9.2 with regard to executive members, within thirty (30) days of election or appointment;
3.9.3 with regard to name and address lists, every ninety (90) days; and,
3.9.4 with regard to financial reports, on an annual basis as provided for in the Financial By-laws of the Party.
3.10 For a Membership Application Form to be considered received by the Party, it must be physically received, by either National Party Headquarters or the President of the Riding Association, or the person designated to receive memberships for the riding, in which the member is applying for membership. In certain circumstances, at the discretion of the National Director, additional arrangements may be made and written notice of these arrangements must be given to members of the National Executive.
4. MEETINGS
4.1 Notice of the time and place of an annual meeting of the party shall be sent by the Secretary of the Party not less than twenty-eight (28) days before the meeting to each Member in good standing and such notice shall be accompanied by a statement of the nature of the business to be transacted.
4.2 Notice of the time and place of a National Executive meeting shall be sent by the Secretary of the Party not less than thirty (30) days before the meeting to each member of the National Executive, and such notice shall be accompanied by a statement of the nature of the business to be transacted.
4.3 Notice of the time and place of a National Executive meeting shall be sent by the Secretary of the Party not less than seven (7) days before the meeting to each member of the National Executive, and such notice shall be accompanied by a statement of the nature of the business to be transacted. In exceptional circumstances as determined by the President, the notice period may be reduced to not less than one (1) day.
4.4 For the purpose of sending notice to any Member, Board of Directors, and National Executive member or officer, the address of the Member, member or officer shall be the last address of such person recorded on the books of the record of the Party.
4.5 Any constituency association may designate a representative to substitute for its president as a member of the Board of Directors. Any such designation must be filed in writing by the secretary of the constituency association with the Secretary of the Party and in the event no such notice has been filed for any constituency association the president of any such constituency association shall be deemed on the books of record of the Party to be the member of the Board of Directors for such constituency association. Notice given on any date to the person then recorded on the books of record of the Party as representing the constituency association shall constitute valid notice to the constituency association.
4.6 Notice of any meeting of the Board of Directors or of the National Executive shall be sent by electronic telecommunication and the notice shall be deemed to have been received on the first business day following the date of electronic telecommunication. It is the responsibility of the individual to keep an up to date address.
4.7 No minor error or omission in giving notice of any meeting of the Party shall invalidate such meeting or make void any proceedings taken at such meeting.
4.8 The President may allow any member of the Board of Directors or National Executive to participate in any meeting of the Boards of Directors or National Executive by means of telephone or video conferencing facilities which permit all persons in the meeting to hear each other and a member of the Board of Directors or National Executive participating in such a meeting by such means is deemed to be present at the meeting.
4.9 All meetings of the Party shall be conducted in accordance with the most recent edition of Robert’s Rules of Order (10th Edition).
4.10 The quorum for a meeting of the Board of Directors shall be a number equal to one-third (1/3) of the federal electoral districts as determined under the Canada Elections Act as at the date of the meeting. Those persons eligible to constitute the quorum shall be the presidents of constituency associations, or their designated representatives, and the quorum shall be determined as at the commencement of the meeting for the purpose of all business to be carried on at the meeting until the adjournment of the meeting.
4.11 The quorum of a meeting of the National Executive shall consist of fifty (50%) percent plus one of the total number of members of the National Executive.
4.12 National Executive may appoint an Annual General Meeting Organizing Committee to have responsibility for organizing and overseeing any meeting of the party and, subject to any specific provisions provided for in the Party’s Constitution or these Bylaws, for determining and administering the rules and procedures relating to any such meeting of the party, including, without limitation, travel cost equalization/subsidies and a dispute resolution procedure. The AGM may appoint such sub-committees as may be determined necessary by it to carry out its responsibilities relating to any national meeting of the party.
4.13 The Chair(s) of any annual general meeting of the party shall be determined by the National Executive.
4.14 The fees to be paid by Members or any other category of attendee for attendance at an annual general meeting of the party shall be determined by the National Executive.
4.15 National Executive shall determine the number of delegates entitled to vote at any annual general meeting of the party from each constituency association, which shall be not less than six (6), from each affiliated organization, which shall be not less than two (2), and from each youth association, which shall be not less than two (2); and shall determine the number of alternate delegates to which each constituency association, affiliated organization, and youth association is entitled.
4.16 In addition to the delegates determined by National Executive in Article 5.2, the following persons, provided they are Members of the Party as at the Record Date, shall be entitled to vote at any annual general meeting of the party:
4.16.1 the Leader of the Party;
4.16.2 members of the Board of Directors;
4.16.3 elected Members of the House of Commons representing the Party;
4.16.4 members of the Senate representing the Party;
4.16.5 United Party Privy Councillors;
4.16.6 official candidates of the Party for each federal electoral district in the preceding federal election or the then current nominated Party candidate for each such electoral district;
4.16.7 past United Party Members of the House of Commons and the Senate;
4.16.8 elected United Party Members of a Provincial or Territorial Legislature;
4.16.9 past leaders of the Party and leaders and past leaders of recognized provincial and territorial United Party Parties;
4.16.10 past Presidents of the Party; and,
4.17 Subject to the right of the National Executive to make, amend or revoke any determination or decision of the Annual General Meeting Organizing Committee the general rules applicable to all delegate selection meetings for any annual general meeting of the party are as follows:
4.17.1 The AGM Committee shall determine the dates during which delegate selection meetings will be scheduled.
4.17.2 The selection of delegates and alternate delegates must comply with the Party’s Constitution and these Bylaws.
4.17.3 The AGM Committee will determine a date by which all documentation (e.g., certificates of delegate and alternate delegate status, registration, accommodation and travel requests) must be completed and filed with the AGM Committee, failing which a late registration penalty will apply.
4.17.4 For the purposes of identity and residence of Members attending a delegate selection meeting, the executive of an association shall require from each of said Members a form of personal identification to which a photograph or signature and residential address shall be displayed to accurately ascertain identity and residence.
4.17.5 At least fourteen (14) days notice in writing of a delegate selection meeting for an association must be given to all members of the association and reasonable public notice of any such meeting shall be given in advance of the meeting.
4.17.6 Any protest resulting from the delegate selection process prior to or at any association delegate selection meeting must:
4.17.6.1 be received by the Chair or any one of the Chairs of the AGM Committee within three (3) business days of the date the meeting was held;
4.17.6.2 be signed by ten (10) members of the association; and
4.17.6.3 set out in detail the nature of the protest and the names, addresses and telephone numbers of all persons who are parties to the protest.
4.18 The Chair of the AGM Committee on receipt of any protest shall immediately refer such protest to the National Executive of the Party for reference to a panel of the National Executive for consideration and decision. The decision of any such panel is final and binding on all parties to the protest and is not subject to appeal or review on any grounds.
4.19 The selection of delegates and alternate delegates at a delegate selection meeting shall be carried out as follows:
4.19.1 The vote shall be by secret ballot;
4.19.2 The vote for the selection of delegates shall be conducted first; and,
4.19.3 The vote for the selection of alternate delegates shall be conducted separately following the election of delegates.
4.20 The AGM Committee will determine a date by which all documentation (i.e., certificates of delegate and alternate status, registration, accommodation and travel requests) must be filed with the AGM Committee, failing which a late registration penalty will apply.
4.21 The AGM Committee may make such further and other rules and regulations from time to time as it in its discretion may deem necessary to give full effect to the foregoing and in the best interest of any national meeting.
4.22 An association may enact such additional rules for the delegate selection process which are not inconsistent with the Party’s Constitution and with the provisions of these By-laws. In the case of conflict, the provisions of the Party’s Constitution and these By-Laws shall prevail.
5. REDISTRIBUTION
5.1 In the event the boundaries of any federal electoral district are changed, by an Act of Parliament or other procedure (“Redistribution”) so that the Annual Return of a constituency association last filed with the Secretary of the Party is no longer accurate, such constituency association shall file within six (6) months of the effective date of Redistribution, or within such shorter period as the National Executive may determine, an amended annual return similar to the Annual Return which is required pursuant to the Recognition By-laws, and all provisions of the Recognition By-laws of the Party shall apply equally to such amended Annual Return.
5.2 Any dispute between two or more constituency associations which relates to the filing of amended Annual Returns may be referred to the National Executive of the Party for reference to a panel of the National Executive for consideration and decision. The decision of any such panel is final and binding on all parties to the dispute and is not subject to appeal or review on any grounds.
5.3 The final determination as to whether the pre-Redistribution Annual Return of a constituency association remains accurate after the effective date of Redistribution rests with the National Executive, acting responsibly.
6. LEADERSHIP SELECTION
Leadership Selection Process (LSP)
6.1 The voting list, as certified by the National Director, listing all those persons who are Constituency Members for at least fourteen (14) days prior to exercising a leadership vote and delegate selection vote, shall determine who is eligible to vote;
6.2 The National Executive has the authority to appoint to the Leadership Selection Committee (LSC) the following members:
6.2.1the Chair(s);
6.2.2 the Chief Returning Officer (CRO);
6.2.3 the Caucus Liaison Representative (CLR);
6.2.4 the Candidate Liaison (CL); and
6.2.5 any other person(s), up to a maximum of five (5), whom the LSC Chair(s), in consultation with the National Executive, may deem necessary to implement the Leadership Selection Process (LSP).
6.3 In addition to the above noted members of the LSC shall also be comprised of the following members:
6.3.1 the National President of the Party;
6.3.2 the National Treasurer of the Party;
6.3.3 the Secretary of the Party; and,
6.3.4 three (3) representatives of the National Executive and Board of Directors as may be determined by the National Executive.
6.4 All members of the LSC shall undertake, in writing, to remain neutral throughout the entire Leadership Selection Process (LSP). Any LSC member who fails to remain neutral during the LSP may be removed from the LSC by a majority of votes of the other members of the LSC;
6.5 The National Executive has the authority to fill any vacancy that arises in the LSC during the LSP; and
6.6 The LSC shall operate in accordance with the Constitution of the United Party, these Bylaws and with the Rules and Procedures established by the LSC.
Leadership Candidates6.7 A Leadership Candidate shall undertake, in writing, to abide by all the Rules and Procedures duly established by the LSC, as amended from time to time, including providing any prescribed deposit upon filing of papers.
6.8 Any decision taken by the LSC or by the Chief Returning Officer
(CRO) of the LSC on any matter relating to the LSP is final and binding.
6.9 The LSC is responsible to the National Executive and Board of Directors and through
it, to the Members of the Party to define, implement, and monitor the Rules and Procedures to be followed throughout the LSP.
Duties6.10 The LSC shall:
6.10.1 develop an open, fair and equitable Leadership Selection Process (LSP);
6.10.2 develop a dispute resolution procedure for the LSP including a procedure for recording any and all decisions arrived at from a dispute by the LSC or CRO;
6.10.3 develop uniformity in the leadership vote and delegate selection process for all Constituency Associations;
6.10.4 ensure that the election procedures are in accordance with the requirements of the Constitution of the United Party and democratic principles which apply to all;
6.10.5 develop a method to monitor and assess all aspects of the LSP and to authorize those individuals to whom functions have been assigned to take such actions as may be required;
6.10.6 establish the procedure for the conduct of the direct voting process, the selection of delegates, ballot counting and reporting, together with accountability of those participating in the process;
6.10.7 require candidates to file nomination papers and any prescribed fees or deposit;
6.10.8 make available appropriate opportunities for candidates to meet with the membership as is reasonable and appropriate;
6.10.9 provide terms and conditions and establish standards by which candidates are to conduct their campaigns;
6.10.10 modify these rules and procedures to the extent necessary to deal with circumstances which have not been foreseen and which may occur throughout the LSP;
6.10.11 appoint such persons, who shall commit to remain neutral, to perform such functions as appear to the LSC to be required and necessary;
6.10.12 provide for the publication of notice of the LSP, the names of candidates, and the roles of the various participants in the LSP;
6.10.13 prepare and make available to the CRO ballots for use in advance polls, if required, as well as election day(s) vote;
6.10.14 promote consensus as to the election procedures with all candidates and provide them with such rules and procedures as are approved from time to time;
6.10.15 establish times, locations, rules and procedures for advance polls, if applicable;
6.10.16 establish rules and procedures on financial and other resources that may be used by a Leadership Candidate and to obtain, in a timely manner, full and complete financial disclosure using a common format; and,
6.10.17 recommend to the National Executive that any Leadership Candidate who fails to or neglects to provide the required financial disclosure in a timely manner, is banned from seeking the office of Leader in subsequent LSPs;
6.10.18 prepare and present a final report on the conduct of the election and the LSP to the National Executive including any recommendations. Upon completion and presentation of this report, the LSC is disbanded.
6.11 The Chair(s) of the LSC shall:
6.11.1 convene and preside over any and all meeting of the LSC;
6.11.2 preside over any LSP convention, and declare the election results.
6.12 The Treasurer of the Party shall:
6.12.1 be responsible for obtaining and monitoring full and complete financial disclosure for each Leadership Candidate;
6.12.2 administer and monitor the LSP budget as allocated by the National Executive and report same to the National Executive;
6.12.3 submit a report, in writing, to the National Council which report shall include the written financial disclosure of each Leadership Candidate.
6.13 The Secretary of the Party shall:
6.13.1 be responsible for providing the Certified National membership List (CNML) for each Constituency Association as of fourteen (14) days prior to that Constituency Association’s leadership vote and delegate selection meeting;
6.13.2 at the commencement of the LSP, prepare and make available to Leadership Candidates, who have paid their deposit, a voting list as certified by the National Director of existing members in the most convenient format available;
6.13.3 establish voting lists as certified by the National Director for each Constituency Association as of fourteen (14) days prior to each Constituency Association’s leadership vote and delegate selection meeting; and
6.13.4 offer to the Leadership Candidates reasonable access to the voting lists as certified by the National Director as established pursuant to Section 7.13.3.
6.14 The Chief Returning Officer (CRO) shall:
6.14.1 oversee the election process;
6.14.2 be responsible for the conduct of the election including ballot distribution for advance polls, if applicable, and election day(s) and for certifying the election results, whether the Leader is chosen by election or by acclamation;
6.14.3 preside over the election process of the LSP at the National and Constituency Association Levels;
6.14.4 authorize the appointment of as many Deputy Returning Officers (DRO) as are reasonably required for the conduct of the election at the Constituency Association and National levels; and,
6.14.5 ensure the results of all leadership and delegate selection votes held within Constituency Associations are properly recorded and filed with the LSC.
7. GENERAL MATTERS
7.1 Any member of the National Executive and Board of Directors and or any Member of an EDA Executive or Board of Directors who wishes to become a candidate must resign his/her position upon announcing their intention to seek nomination. This does not apply to the Party Leader.
7.2 Unless the context otherwise requires, all words and phrases used in the By-laws and Rules and Procedures of the Party shall have the same meaning as set out in the Constitution of the Party.
7.3 In the event of any conflict between the Constitution of the Party and the By-laws and/or Rules and Procedures of the Party, the Constitution shall prevail over the By-laws and Rules and Procedures and the By-laws shall prevail over the Rules and Procedures.
7.4 The National Executive in exceptional circumstances has the authority to alter, abridge or suspend the time periods provided for in the By- laws or the Rules and Procedures.
7.5 As concerns signature and delivery of notices, forms or documents to the Party:
7.5.1 Any notice, form or document to be delivered or filed with the Party may be signed in several counterparts, each of which so signed shall be deemed to be an original and such counterparts together shall constitute one and the same notice, form or document dated as of the last date of signature.
7.5.2 Any notice, form or document to be delivered or filed with the Party may be sent by electronic telecommunication as confirmed by pre-paid mail or courier and the notice, form or document will be deemed to be received as at the date and time the electronic communication is received by the Party; and,
7.5.3 Any signature on any notice, form or document to be delivered or filed with the Party may be signed by way of tele-copying device and any such signature shall be accepted as though the signature was a signed original.
7.6 Words importing the singular number include the plural and vice-versa and words importing any one gender shall include the other.
2010 United Party of Canada Parti Uni du Canada 2010