Subject: Draft
By-Law No. 2, VI - XIV
May 21, 2002
BOY SCOUTS OF
CANADA
BY-LAW NO. 2
ARTICLE VI - COMMITTEES and TASK
GROUPS
(a) Committees and Task
Groups
The Corporation shall have Three (3)
standing committees, namely,
a Nominating Committee,
Audit Committee and a Governance Committee.
By
resolution, the Board of Governors may establish other
committees
and task groups as deemed appropriate and
shall assign duties to them
on such terms and
conditions as the Board of Governors may
determine.
Unless otherwise determined by
resolution of the Board of Governors,
each of the
Chief Commissioner and the Executive Commissioner
& Chief Executive Officer (CEO) shall be an ex-officio member of
all
committees/task groups of the Corporation,
except the Nominating
Committee in which case only
the Executive Commissioner & Chief
Executive
Officer (CEO) shall be an ex-officio member.
Except where membership is prescribed, each committee/task group
shall
be empowered to obtain voluntary assistance,
as required, and shall
be encouraged to include at
least one youth Member (under twenty-seven
(27)
years of age as at September 1).
Unless the
Board of Governors otherwise by resolution determines,
each
committee/task group shall be comprised of not
more than nine (9) and
not less than five (5)
members, including the Chief Commissioner and
the Executive Commissioner & Chief Executive Officer (CEO) and
a
quorum of each such committees/task groups shall
be a majority of
its members.
(b)
Nominating Committee
Each year the Chief
Commissioner shall ensure that a Nominating
Committee is formed by the Board of Governors and carries out
its
responsibilities.
The Nominating Committee shall
report to the Members and shall be
chaired by the
Past Chief Commissioner. Should no former Chief
Commissioner be willing and able to serve, the Board of
Governors
shall appoint a chair of the Nominating
Committee.
The Nominating Committee
shall be comprised of the following:
(i) the chair;
(ii) the
Executive Commissioner & Chief Executive Officer
(CEO);
(iii) two (2) Commissioners;
and
(iv) three (3) members at large one
(1) of which will be a
youth
Member
(under the age of twenty-seven (27) years of age
at
September
1.
The Nominating Committee shall
prepare for presentation to the annual
general
meeting of Members in each year a list of:
(i) Officers, namely, Chief Commissioner, Vice Chair -
Finance,
Vice
Chair - Strategic, Past Chief Commissioner
and
Honorary
Legal Counsel;
(ii) seventeen (17)
individuals with at least one (1)
individual
from
each Province and four (4) of the seventeen (17) must
be
youth Members
(under the age of twenty-seven (27)
years
of age at
September 1); and
(iii) Honorary Members if
deemed appropriate.
At least sixty (60) days
prior to the annual general meeting of
Members, the
chair of the Nominating Committee shall circulate to
the
Voting Members by mail and/or by electronic
means the nominations of
the Nominating Committee
for positions on the Board of Governors
accompanied
by a curriculum vitae for each such nominee.
Additional nominations for positions on the Board of Governors may
be
made provided that (A) each nomination is signed
by five (5) Voting
Members and is accompanied by a
curriculum vitae and a written
confirmation from the
nominee acknowledging that he/she is willing to
serve and that he/she has an understanding of the position to
which
he/she has been nominated and (B) such
additional nominations are
presented to the chair of
the Nominating Committee, care of the
national
office of the Corporation, twenty-five (25)
days
prior to the date of the annual general meeting of
Members.
At least fourteen (14) days
prior to the annual general meeting of
Members, the
chair of the Nominating Committee shall circulate to
the
Voting Members by mail and/or by electronic
means the names of the
additional nominees along
with their curriculum vitae and the names
of their
nominators.
(c) Audit
Committee
Each year the Chief Commissioner shall
ensure that an Audit Committee
is formed by the
Board of Governors and meets at least once a
year.
The Audit Committee shall present an
annual report at each annual
general meeting of
Members.
The Audit Committee shall be comprised
of a minimum of four (4) and a
maximum of six (6)
members and may include a majority who are not
members of the Board. A member of the Board of Governors shall
be
named as Chair. No Officer or employee of
the Corporation may be a
member of the Audit
Committee.
The principal responsibilities of the
Audit Committee shall be, but
not limited to, the
following:
(i) annually meet with
the Corporation's auditors to review
their
audit of
the Corporation's financial accounts and records
and
the audited
financial statements of the Corporation;
(iii)
reviewing any recommendations put forward by the
Corporation's
auditors and management's response to such
recommendations;
(iv) annually
recommending to the Members the appointment of
an
auditor for
the Corporation; and
(v) performing
other reviews and preparing recommendations
as
requested by
the Board of Governors.
(d) Governance
Committee
A committee of the Board of
Governors comprised of the Chief
Commissioner,
who will serve as Chair, Vice Chair -
Strategic,
Vice Chair - Finance, Executive
Commissioner and Chief Executive
Officer (CEO)
and one other member of the Board appointed by
the
Chief
Commissioner.
The Governance Committee
reviews, reports and where appropriate
provides recommendations to the Board on matters of
corporate
governance including but not limited
to:
(i) Matters
affecting the Board
itself:
- reports to the Board on the effectiveness of
the
Board in the discharge of its
duties
- reviews standards of performance, performance
and
tenure of
governors
- assists governors through surveys to assess
their
individual performance on the
Board
- assists newly appointed Board members in
becoming
acquainted with the Corporation and its
governance
process
- assists the Chief Commissioner with Board
agendas
and other pertinent processes
(ii) Matters affecting Management
Oversight:
- periodically reviews the implementation of policy
by
Management throughout the Corporation, to assess
the
effectiveness of its
execution
- reviews the Management Business Plan and
recommends
acceptance to the
Board
- reviews any major changes to the Corporation
and
makes recommendations to the Board
(iii) Matters affecting the Executive Commissioner
and
Chief Executive Officer
(CEO)
- assists the Chief Commissioner in evaluating
the
performance of the Executive Commissioner
and
Chief Executive Officer (CEO)
(iv) Matters affecting Strategy and Long Term
Planning:
- assists Vice Chair - Strategic to develop and
keep
current on behalf of the Corporation, the longer
term
strategic direction and longer term plans for
the
Corporation and recommends changes to the Board
as
appropriate
ARTICLE VII - INDEMNITY AND INSURANCE
(a)
Indemnity - The Corporation shall indemnify and save harmless
each
Officer; and member of the Board of Governors
and his/her heirs,
executors and administrators
against all costs, charges and expenses,
including
an amount paid to settle an action or satisfy a
judgement
reasonably incurred by that Officer or
member in respect of any civil,
criminal or
administrative action or proceedings to which he/she
has
been made a party by reason of being an Officer
or member of the Board
of
Governors:
(i) that Officer or member of
the Board of Govenors acted
honestly
and in good
faith with a view to the best interests of
the
Corporation;
and
(ii) in the case of a criminal or administrative
action or
proceeding
that is enforced by a monetary penalty,
that
Officer or member
of the Board of Governors had
reasonable
grounds for
believing that his/her conduct was lawful.
(b) Insurance - The
Corporation may purchase, maintain and participate
in
such insurance for the benefit of the Officers
and members of the
Board of Governors as the Board
of Governors may from time to time
determine.
ARTICLE VIII - EXECUTION OF CONTRACTS, DOCUMENTS AND
INSTRUMENTS
(a) Execution of Contracts, Documents and Instruments -
The Board of
Governors shall have power from time to
time by resolution to appoint
any individual(s) who
shall be empowered on behalf of the Corporation
to
sign specific contracts, documents and instruments in
writing.
All contracts, documents and instruments in
writing so signed
shall be binding upon the
Corporation without any further
authorization or
formality. The Board of Governors may give the
Corporation's power of attorney to any registered
dealer
in securities for the purposes of the
transferring of and dealing
with any securities
owned by the Corporation.
ARTICLE IX -
AUDITORS
(a) Auditors - The Members shall at each annual meeting
appoint an auditor
to audit the accounts of the
Corporation for report to the Members at
the next
annual meeting. The auditor shall hold office until the
next
annual meeting provided that the Board of
Governors may fill any
vacancy in the office of
auditor. The remuneration of the auditor
shall be
fixed by the Board of Governors.
ARTICLE X - BOOKS AND
RECORDS
(a) Books and Records - The Board of Governors shall ensure
that all
necessary books and records of the
Corporation required by the by-laws
of the
Corporation or by applicable law, are regularly and
properly
kept.
ARTICLE XI -
TRANSITION
(a) Past Chief Commissioner - From the conclusion
of the meeting of
Members at which this By- Law No.
2 is sanctioned through to the
earlier to occur of
(i) the resignation or removal from office of the
Chair of the Board and (ii) the conclusion of the third
annual
meeting of Members following such meeting,
the position shall be
filled by the most immediate
Past Chair of the Board willing and able
to
serve.
ARTICLE XII - AMENDMENTS
(a) Amendments -
By-Laws of the Corporation may be amended or repealed
by
a By-Law enacted by the Board of Governors and
sanctioned by an
affirmative vote of sixty-six and
two-thirds percent (66 2/3%) of the
Voting Members
at a meeting duly called, on not less than sixty
(60)
days' notice, for the purpose of considering
the said By-Law.
ARTICLE XIII - REPEAL
(a)
Repeal - Upon this By-Law No. 2 coming into force, By-Law No. 1
of
the Corporation is repealed provided that such
repeal shall not
affect the previous operation of
such By-Law or affect the validity
of any act done
or right, privilege, obligation or liability
acquired
or incurred under the validity of any
contract or agreement made
pursuant to such By-Law
prior to its repeal.
ARTICLE XIV -
INTERPRETATION
(a) Interpretation - In this By-Law No. 2 and in all
other By-Laws of the
Corporation hereafter passed
unless the context otherwise requires,
words
importing the singular number or the masculine gender
shall
include the plural number or the feminine
gender, as the case may
be, and vice versa, and
references to persons shall include firms
and
corporations.
(b) Translation -The Board of Governors shall ensure
that the By-Laws of
the Corporation or any approved
amendments are translated to French
or English, as
the case may be, within a reasonable period of time.
Should there be any inconsistency between the two
texts,
reference shall be made to the original text
adopted by the Members.
May 21,
2002