Subject: Draft
By-Law No. 2, I - III
May 21, 2002
BOY SCOUTS OF
CANADA
BY-LAW NO. 2
ARTICLE I - GENERAL
(a) Name -
The name of the corporation is Boy Scouts of Canada.
For
convenience of reference in this by-law the
corporation is sometimes
called the
"Corporation."
(b) Corporate Seal - The seal, an impression of
which is stamped in the
margin hereof, shall be the
seal of the Corporation. The seal of the
Corporation shall be kept in the custody of the Executive
Commissioner
& Chief Executive Officer (CEO) or
such other person or persons as
may be designated by
resolution of the Board of Governors. All
papers or documents required to be sealed on behalf of
the
Corporation shall be sealed in the presence of
such person or persons.
(c) Head Office - The head office of the
Corporation shall be in the
City of Ottawa, in the
Province of Ontario.
(d) Financial Year - Unless otherwise
determined by resolution of the
Board of Governors,
the financial year-end of the Corporation shall
be
August 31.
(e) Policies - The Board of Governors may, establish and
amend policies
relating to the business and affairs
of the Corporation including
its divisions, all
councils and local groups and sections.
(f) Definitions - Defined
terms used in this By-Law No. 2 shall have the
meanings ascribed to them in the policy established by
the
Board of Governors entitled "Structure, Roles
and Responsibilities"
as the same may be amended
from time to time.
(g) Priorities - This By-Law No. 2 shall be
consistent with the
Act of the Canadian Parliament
pursuant to which the Corporation was
incorporated,
as amended from time to time (the "Act"). In the
event
of any conflicts or inconsistencies, the
provisions of the Act shall
govern.
ARTICLE
II - MEMBERS
(a) Categories of Membership - Membership
in the Corporation shall be
divided into three
classes. Persons within such classes are
referred
to herein individually as a "Member" and
collectively as the "Members." The classes are as
follows:
(i) Ordinary Members - An
Ordinary Member shall be any person
who
subscribes
to the Mission, Principles, Practices and
Methods
of the
Corporation, and
who:
A. Falls into one of the following
categories:
a. any youth (under twenty-seven (27) years of age
on
September 1) in a Program
Section;
b. any Activity Leader or Scouter - in
Training;
c. any adult leader, Service Team member,
or
Commissioner;
d. any member of a Group Committee, Section
Committee
or
auxiliary;
e. any member of the Board of Governors, a Division
or
any
Council;
f. any member of a standing committee of a Division
or
a
Council;
g. any member of a BP Guild not otherwise registered
as
an Ordinary Member of Boy Scouts of Canada;
and
B.
Pays the membership and national insurance fee
established
from time to time by the Board of Governors (or has
such
fees paid for him or
her).
In addition, all individuals employed as executive
staff,
as defined in the "Scouts Canada Personnel Policy" of
the
Corporation, shall be Ordinary Members of the
Corporation.
Ordinary Members shall be entitled to receive notice of,
in
the manner set forth in Article III, and attend, but not
vote
at, all meetings of Members.
(ii) Honorary
Officers and Members - The Voting Members may elect
as
an Honorary
Officer or Honorary Member of the Corporation
any
person they
may deem suitable. The number of Honorary
Officers
shall
not exceed twelve (12).
(iii) Voting Members -
The Voting Members of the Corporation shall
be:
(a) three (3) representatives, one of whom must be a youth
member
(under twenty-seven (27) years of age on September 1)
from
each Council, named by each such
Council;
(b) the members of the Board of
Governors;
(c) one (1) representative from the Salvation Army
Scout
Association, appointed by such
Association;
(d) three (3) representatives from L'Association des
Scouts
du Canada, appointed by L'Association des Scouts du
Canada;
(e) three (3) representatives from the Canadian Council of
BP
Guilds, appointed by the Canadian Council of BP Guilds;
and
(f) all Honorary
Officers.
The names of all appointees must be submitted by the
applicable
persons to the Chief Commissioner care of the national office
of
the
Corporation by no later than seventy-five (75)days prior
to
the date of
the annual general meeting of Members in each
year.
Voting
Members shall serve in such capacity for the
period
(i)
commencing on the termination of the annual general meeting
of
Members
immediately following their appointment, in the case
of
appointees,
or at which they are elected, in the case of
members
of the
Board of Governors, Honorary Officers and (ii) ending at
the
conclusion
of the next succeeding annual general meeting
of
Members.
Voting Members shall be entitled to receive notice of, in
the
manner set
forth in Article III, and attend and vote at
all
meetings of
Members.
(b) Resignation - Any Member may withdraw from the
Corporation by
delivering a written resignation
addressed to the Corporation and
delivered to the
Secretary of the Corporation care of the national
office of the Corporation.
(c) Removal - Any Member may be removed
as a Member by resolution of the
Board of Governors
and shall be removed as a Member if he or she is
included in the Confidential List maintained pursuant to
the
provisions of Administrative Procedure No. 3 of
the Corporation.
(d) Membership Not Transferable - except as
provided in paragraph (f) of
Article II, the
interest of a Member in the Corporation is not,
directly or indirectly, transferable.
ARTICLE III - MEETINGS OF
MEMBERS
(a) Meetings - Meetings of the Members shall be either an
annual general
meeting or a special general meeting.
The annual general or any
special general meeting of
Members shall be held at a time and place
to be
fixed by the Board of Governors.
(b) Business at Annual General
Meetings - The following business shall be
transacted at each annual general meeting:
(i) receipt and consideration of reports including
the
Corporation's annual report;
(ii) receipt and consideration of the financial statement
and
auditor's report for the preceding year;
(iii) election of Honorary Officers and Honorary
Members;
(iv) recommendation
to the Chief Scout of an individual to
fill
the position of Chief Commissioner;
(v) appointment of Officers and election of members of
the
Board
of Governors (except for the Executive Commissioner
&
Chief Executive Officer (CEO), who is appointed by the
Board
of Governors, and the Chief Commissioner), who is
appointed
by the Chief Scout;
(vi)
appointment of an auditor or auditors; and
(vii) consideration and, if deemed appropriate, approval of
any
matter placed before it by the Chief Commissioner on
behalf
of the Board of Governors.
As well, the Members
may consider and transact any business which the
Members under applicable law are authorized to transact.
(c) Notice
- Written notice of the time and place of any annual
general
meeting of the Members shall be given by the
secretary at least sixty
(60) days before the date
of such annual general meeting (a) to the
Voting
Members by mail or electronic means and (b) to the
Ordinary Members by publishing the same in the Canadian
Leader
magazine.
Written notice of the time and place of any special general
meeting
of the Members shall be given by the
secretary at least thirty (30)
days before the date
of such special general meeting (a) to the
Voting
Members by mail or electronic means and (b) to the
Ordinary
Members by publishing the same in both an
English and a French
language newspaper which has
wide distribution in Canada.
Sufficient
information shall be provided to the Voting Members
at
least thirty (30) days prior to any meeting, to
permit the
Voting Members to form a reasoned
judgment on any matter to be
considered at such
meeting. No error or omission in giving notice
of any annual general or special general meeting or any
adjourned
meeting, whether annual general or special
general, shall invalidate
such meeting or make void
any proceedings taken thereat and the
Voting Members
may at any time waive notice of any such meeting
and
may ratify, approve and confirm any or all proceedings taken
or
had thereat. The statutory declaration of
the Chief Commissioner
that notice has been given
shall be sufficient and conclusive
evidence of the
giving of such notice.
(d) Special General Meetings - Special
general meetings of the Members
may be called by the
Chief Commissioner with the consent of the
Board of
Governors and shall be called by the Chief Commissioner
upon
the written request of a minimum of twenty (20)
Voting Members of
the Corporation.
(e)
Quorum - A quorum at any meeting of Members shall be fifty
percent
(50%) plus one (1) of the Voting Members of
the Corporation or
their
substitutes.
(f) Substitute Voting Member - Should a Voting Member,
except an
Honorary Officer, be unable, for any
reason, to attend a meeting of
Members, a substitute
designated by (i) the person which appointed
such
Voting Member, in the case of appointees, and (ii) by
the
Board of Governors, in the case of a member of
the Board of Governors,
may attend and act in such
Voting Member's stead.
(g) Voting - Except as expressly provided
herein, at all meetings of the
Members, every
question shall be determined by a majority of votes
cast by the Voting Members at the meeting. A declaration by
the
Chief Commissioner of the meeting that a
resolution has been carried
and an entry to that
effect in the minutes shall be prima facie proof
of
the fact without proof of the number or proportion of the
votes
recorded in favor or against such
resolution.
No Voting Member or substitute may
exercise more than one (1) vote
on any issue coming
before the meeting.
(h) Minutes - The acts or proceedings of
meetings of Members shall be
adopted by resolution
and shall be entered in a minute book and
confirmed
at the next meeting of Members.