 | |
         |
Introduction and Overview | Harrassment and Abuse Policy | Sport Yukon Executive and Staff Constitution | Bylaws SPORT YUKON TABLE OF CONTENTS 1. Societies Act means the Societies Act of the Yukon Territory from time to time in force and all amendments. 2. Societies Regulations means the Societies Regulations of the Yukon Territory from time to time in force and all amendments. 3. Special Resolution means: a) A resolution passed by the vote of not less than 75% of the members voting at a General Meeting of which not less than twenty one (21) days notice of the resolution has been given or, b) A resolution agreed to in writing by all the members who would have been entitled to vote at a General Meeting. 4. Words stating the singular include the plural and vice-versa and words stating a male person include a female person and vice-versa. 1. The members of Sport Yukon may include: a) VOTING MEMBERS whom shall be: i) Sport governing bodies, duly registered under Yukon's Societies Act, representing all clubs active in a specific sport throughout the Yukon, and who are approved by Sport Yukon, or ii) Clubs or associations, duly registered under the Yukon's Societies Act, who are the sole representative of a specific sport in Yukon and who are approved by Sport Yukon. b) NON-VOTING MEMBERS who shall be clubs, associations or individuals who support the aims and objectives of Sport Yukon and who wish to contribute towards its development and who are approved by Sport Yukon. Note: NON-VOTING MEMBERS are entitled to non-monetary benefits only. 2. The Executive Committee of Sport Yukon shall review all applications for membership, and upon acceptance grant membership in Sport Yukon. Sport governing bodies, clubs, associations or individuals satisfying one of the criteria for membership may not be denied membership in Sport Yukon, providing no past debts or reasons for expulsion (as per By-law 5 b) and c) remain outstanding. 3. Every member shall uphold the constitution and comply with these by-laws. 4. The membership fee(s) shall: a) be set forth at the Annual General Meeting of Sport Yukon, b) be for the membership year of April 1 to March 31, c) be paid in full on or before the 31 of March of the preceding year, in order for a member to remain in good standing. 5. Members shall cease to be a member of Sport Yukon, a) by delivering a resignation in writing to the Secretary of Sport Yukon or by mailing it or delivering it to the address of Sport Yukon, or b) upon being expelled, or c) upon having been a member not in good standing for twelve (12) consecutive months. 6. All members are in good standing except a member who has failed to pay the current annual membership fee or any other subscription or debt due and owing to Sport Yukon and the member is not in good standing so long as the debt remains outstanding. 7. EXPULSION OF A MEMBER: a) A member may be expelled by a special resolution of the members passed at a General Meeting. b) Thirty (30) days prior notice, in writing, of the intention to place such a special resolution before the General Meeting shall be given to the member organization involved and to all member organizations. c) The notice of special resolution for expulsion shall be accompanied by a brief statement of the reason or reasons for the proposed expulsion. d) The member, who is the subject of the proposed special resolution for expulsion, shall be given an opportunity to be heard at the General Meeting before the special resolution is put to a vote. 8. Sport Yukon shall hold an Annual General Meeting annually. The date, time and place shall be decided by the Executive Committee. 9. All General Meetings shall be open to the public. 10. Every General Meeting other than the Annual General Meeting is a Special General Meeting. 11. Special General Meetings may be called at any time by the President or the Board of Directors. 12. A Special General Meeting shall be called by the President or First Vice-President upon receipt of a petition signed by one third of the VOTING MEMBERS in good standing and setting forth the reasons for calling such a meeting. 13. Special business shall not be conducted at a General Meeting unless notice has been given of the proposal to conduct that business at that meeting, Special business is: a) At a Special General Meeting, all business other than the adoption of the rules of order, and b) At an Annual General Meeting, all business other than: i) the adoption of the rules of order ii) the consideration of financial statements iii) the reports of the directors iv) the report of the professional accountant v) the election of officers and confirmation of directors vi) the appointment of the professional accountant, if required vii) the other business that, under these by-laws, ought to be transacted at an Annual General Meeting, or business which is brought under consideration by the report of the Directors issued with the notice convening the meeting. 14. The President of Sport Yukon shall preside as Chairman or in his absence the First Vice-President shall be Chairman, or in his absence one of the other vice-presidents. In the absence of all of the above, one of the other directors shall preside as Chairman of a General Meeting. 15. If at a General Meeting, there is no president and no vice-presidents present within thirty (30) minutes after the time appointed for holding the meeting, or the President and all vice-presidents present are unwilling to sit as Chairman, the VOTING MEMBERS present shall choose one of their directors to be the Chairman. 16. NOTICE OF GENERAL MEETINGS: a) Notification of the Annual General Meeting and Special General Meetings shall be sent to each member thirty (30) days prior to the meetings. Notices shall be sent in writing to the last known address and shall include the date, time and place of the meetings. b) A notice sent by mail shall be deemed to have been given on the third day following that on which notice is posted and in proving that notice has been given it is sufficient to prove that the notice was properly addressed and put in a Canada Post receptacle. c) The accidental omission to give notice to or the non-receipt of a notice by any of the members entitled to receive notice does not invalidate proceedings at that meeting. 17. QUORUM: A quorum at any General Meeting shall be: a) Where the number of VOTING MEMBERS is fifteen (15) or less, three (3) VOTING MEMBERS; b) Where the number of VOTING MEMBERS is sixteen (16) or more, at least 20% of the VOTING MEMBERS. 18. A General Meeting may be adjourned from time to time and from place to place, but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place. 19. When a meeting is adjourned for ten (10) days or more, notice of the adjourned meeting shall be given as in the case of the original meeting. 20. VOTING: a) Each VOTING MEMBER in good standing shall be allowed three (3) votes at each meeting, one of which must be a delegate from rural Yukon. NON-VOTING MEMBERS shall have no voting privileges. b) No proxy voting shall be allowed. c) Each elected officer shall be allowed one vote. d) The Chairman shall vote only to break a tie. e) Voting, except for the election of officers, is by a show of hands. f) At all meetings of the Society, every question shall be determined by a majority vote unless otherwise specifically provided by the Societies Act. g) When meetings are convened utilizing the electronic media, votes will be recognized except in the case of the election of officers at the Annual General Meeting. 21. (a) Meetings of the Board of Directors shall be held three (3) times per year, one of the three meetings shall be the annual general meeting. The dates shall be set by the Executive Committee and the meetings called by the President or First Vice-President. (b) Meetings of the Executive Committee shall be held as often as the business of Sport Yukon shall require and shall be held at least once a month. Meetings shall be called by the President or First Vice-President. 22. A special meeting of the Board shall be called upon receipt of a petition signed by one third of the board members provided they request the President or First Vice-President, in writing, to call such a meeting and state the business to be brought before the meeting. 23. NOTIFICATION: a) Notification of regular and special meetings shall require ten (10) days notice, in writing, mailed to each member or three (3) days notice by telephone or fax. b) The accidental omission to give notice of any meeting, or the non-receipt of a notice by any of the members entitled to receive notice, does not invalidate the proceedings at that meeting. c) A director may by letter, fax, telex or other communication send or deliver to the address of Sport Yukon a written waiver of notice of any meeting of the directors and may at any time withdraw the waiver, and until the waiver is withdrawn: i) No notice of meetings of directors need be sent to that director; and ii) Any and all meetings of the directors of Sport Yukon, notice of which has not been given to that director shall, if a quorum is present, be valid and effective. 24. The President shall be Chairman of all meetings of the directors. If at a meeting, the President is not present within thirty (30) minutes after the appointed starting time, the First Vice-President, or in the absence of both, another vice-present shall act as Chairman. If none are present, the directors present may choose one of their number to be Chairman at that meeting. 25. QUORUM: A quorum at any Board of Directors Meeting shall be: a) Where the number of VOTING MEMBERS is fifteen (15) or less, three (3) VOTING MEMBERS; b) Where the number of VOTING MEMBERS is sixteen (16) or more, at least 20% of the VOTING MEMBERS. 26. Questions arising at a meeting of the directors shall be decided by a majority vote and there shall be no proxy voting. 27. Where electronic media is used for a meeting of directors, votes will be recognized. 28. The Chairman shall have a vote but in the case of an equality of votes, the Chairman does not have a second or casting vote. 29. Resolutions proposed at a meeting of directors must be seconded and the Chairman of a meeting may move or propose a resolution. 30. A resolution in writing, signed by all the directors and placed with the minutes of the directors, is as valid and effective as if passed at a regular meeting of directors. 31. The Executive Committee may appoint such committees as they deem necessary in order to carry out the objectives of Sport Yukon. 32. A committee so formed in the exercise of the powers so delegated shall conform to any rules imposed on it by the Executive Committee and shall report every act or thing done in the exercise of those powers to the earliest meeting of the Executive Committee to be held after it is done. 33. The members of a committee may meet and adjourn as they think proper. 34. The committee shall elect a chairman of its meetings. If within thirty (30) minutes of the appointed starting time for the meeting, the chairman is not present, the directors present, who are members of the committee, shall choose one of their number to be chairman for the meeting. 35. A standing committee will be the Nominating Committee, which shall consist of three (3) members and shall be chaired by the Past President. 36. a) The directors may exercise all the powers and do all the acts and things that Sport Yukon may exercise and do and which are not by these bylaws or by statute or otherwise lawfully directed or required to be exercised or done by Sport Yukon in general meeting. b) The authority of the directors is subject to: i) all laws affecting Sport Yukon; 3) No rule, made by Sport Yukon in a general meeting, invalidates a prior act of the directors and officers that would have been valid if that rule had not been made. 37. a) The Board of Directors shall consist of elected officers and appointed directors. b) The officers of Sport Yukon shall be the Executive Committee and shall be comprised of the President, Past President, First Vice-President and three (3) other vice-presidents. c) The appointed directors shall be one representative from each VOTING MEMBER that is a member of Sport Yukon in good standing. That director shall be the President of the sport governing body/club or another person appointed by the sport governing body/club. d) Appointed directors shall cease to hold office when their organization advises Sport Yukon of a new appointee or when their organization ceases to be a member in good standing. 38. a) The President, First Vice-President and three other vice presidents shall be elected for a term of one year. b) The Past President shall also sit as a voting member of the Board of Directors and the Executive Committee. c) The elected officers shall cease to hold office when their successors are elected at a general meeting of Sport Yukon. d) Separate elections shall be held for each office to be filled. e) An election shall be by secret ballot unless a nominee is acclaimed. 39. a) The Executive Committee may at any time and from time to time appoint a member as an officer to fill a vacancy on the Executive Committee. A maximum of two (2) appointed officers will be permitted. b) An officer so appointed ceases to hold office when a successor is elected at a general meeting of Sport Yukon, but is eligible for re-election at the meeting. 40. No act or proceeding of the officers is invalid only by the reason of there being less than the prescribed number of officers in office. 41. The members may by "Special Resolution" remove an officer before the expiration of the officer's term of office, and may elect a successor to complete the term of office. The same rules given to a member shall apply to an officer. Refer to Bylaw 7 - Membership. 42. No officer shall be remunerated for being or acting as an officer, but an officer shall be reimbursed for all expenses, necessarily and reasonably incurred by the officer while engaged in the affairs of Sport Yukon, which have prior approval of the Executive Committee. 43. When an officer fails to attend three (3) consecutive regular Executive Committee meetings, the position will be considered vacant. 44. 1) The President shall, except where these by-laws provide otherwise, preside at all meetings of Sport Yukon and of the directors. 2) The President is the chief executive officer of Sport Yukon and shall supervise the other officers in the execution of their duties. 45. 1) The First Vice-President shall carry out the duties of the President during the President's absence. 2) One of the other vice-presidents shall carry out the duties of the President during the absence of the President and the First Vice-President. 46. Signing authority shall be any two of the President, First Vice-President and the Executive Director. 47. 1) The Board of Directors may hire an executive director and a secretary. The Executive Director shall not be entitled to vote but shall attend all board meetings unless excused by the President. 2) Where Sport Yukon has hired an executive director, the Executive Director beside other duties shall; a) keep the financial records, including books of accounts; and b) render financial statements to the directors monthly, and to members and others upon request. 3) Where Sport Yukon has hired a secretary, the Secretary beside other duties shall; a) conduct the correspondence of Sport Yukon; b) issue notices of meetings of the Board of Directors and Executive Committee; c) keep minutes of all meetings of the Board of Directors and Executive Committee; d) have custody of all records and documents of Sport Yukon except those required to be kept by the treasurer; e) have custody of the seal of Sport Yukon; and f) maintain the register of members 48. In the absence of the Secretary from a meeting, the directors shall appoint another person to act as Secretary at the meeting. 49. The directors may adopt a seal for Sport Yukon and substitute a new seal. 50. The seal shall be affixed only when authorized by a resolution of the directors and then only in the presence of the persons prescribed in the resolution, or if no other persons are prescribed, in the presence of the President and First Vice-President. 51. In order to carry out the purpose of Sport Yukon the directors may, on behalf of and in the name of Sport Yukon raise or secure the payment or repayment of money in the manner they decide. 52. No debenture shall be issued unless authorized by a "Special Resolution". 53. The members may by "Special Resolution" restrict the borrowing powers of the directors. 54. Sport Yukon financial statements shall be reviewed and prepared within the appropriate category listed in the Societies Act of the Yukon. 55. Financial statements must be prepared in accordance with generally accepted accounting principles and be approved by the directors and be signed by at least two members of the Executive Committee. 56. Financial statements shall consist of a balance sheet and a statement of revenue and expenditures and shall include statements of the amounts: a) received as grants from government bodies, b) received as donations from the public, c) paid as remuneration or loaned to any members or director. 57. Sport Yukon must present the financial statement for its most recently completed fiscal year to its members at the Annual General Meeting. 58. Sport Yukon shall file a copy of its financial statements with the Registrar of Societies within 30 days after the Annual General Meeting. 59. The fiscal year of Sport Yukon shall be April 1st to March 31st. 60. In the event of dissolution of Sport Yukon, the assets remaining after all debts have been paid or provisions for payment have been made shall, subject to the requirements of the regulations, be distributed by a special resolution. 61. Sport Yukon may amend its bylaws by "Special Resolution" but the change is not effective until filed with and approved by the registrar. 62. An amendment to the bylaws shall be made by deleting, substituting, or adding entire articles. 63. The notice of the meeting, at which a "Special Resolution" to change the bylaws to be voted on, shall a) state the identifying numbers of the articles to be deleted, if any; and b) the entire texts of the articles to be substituted or added. 64. If a member requests an amendment to the by-laws at the Annual General Meeting there must be unanimous approval from the voting members present to proceed with the discussion of the matter. It will then be dealt with in the same manner as if notice had been given. 65. On being admitted to membership, each member is entitled to, and Sport Yukon shall give to the member without charge, a copy of the constitution and by-laws of Sport Yukon. 66. Any member may examine the records of Sport Yukon a) during the 30 minutes prior to the commencement of business at any General Meeting; b) once every three months at the place where the records are normally kept, on giving the person responsible for keeping the records, 7 days notice; c) at any time or place agreed upon by the person having custody of the records, such agreement not to be unreasonably withheld. 67. Any dispute concerning the interpretation or application of the by-laws, and any dispute concerning the rights of a member or the powers of a director or officer, shall be submitted to and decided by arbitration under the Arbitration Act of the Yukon. |
