MID-ISLAND METIS NATION ASSOCIATION
Incorporated October 8 1996
Incorporation Number S-35957
**** Proposed New Bylaws*** Bylaw Draft Oct 7, 2015
CONSTITUTI0N and BYLAWS OF MID-ISLAND METIS NATION ASSOCIATION
SOCIETY ACT CONSTITUTION
1. The name of the Society is MID-ISLAND METIS NATION ASSOCIATION.
2. The purposes of the Society are:
(a.) To protect and promote the culture and heritage of the Métis Community in the mid-island region of Vancouver Island, British Columbia through research, communications and involvement in cultural activities.
(b.) To develop and implement training and education initiatives for the Métis Community in the mid-island region of Vancouver Island, British Columbia.
(c.) To ensure an effective communications vehicle is established for the Métis Community in the mid-island regions of Vancouver Island, British Columbia.
(d.) To develop and implement economic development initiatives for the Métis Community in the mid-island region of Vancouver Island, British Columbia.
The by-laws of the Society are those attached here to.
BYLAWS OF MID-ISLAND METIS NATION ASSOCIATION
Part1 – INTERPRETATION
Here set forth, in numbered clauses, the bylaws providing for the matters referred to in section 6(I) of the Society Act and any other by-laws.
1. In these bylaws, unless the context otherwise requires:
(a) “Board of Directors” mean the directors of the society for the time being;
(b) “Society Act” means the Society Act of the Province of British Columbia from time to time in force and all amendments to it;
(c) “Registered Address” of a member means his or her address as recorded in the register of members.
(d) “Aboriginal person” is an Indian, Inuit or Métis as stated in the Canadian Constitutional Amendment, 1982
(e) “Métis person” is an Aboriginal person who identifies as Métis who is from the homeland and who is distinct from Indian, Inuit or non-Aboriginal.
2. The definitions in the Society Act on the date these bylaws become effective apply to these bylaws.
3. Words importing the singular include the plural and vice versa; and words importing a male person shall include a female person and a corporation.
Part ll – MEMBERSHIP
4. The members of the society are the applicants for incorporation of the society, and these persons who subsequently have become members, in accordance with these bylaws and, in either case, have not ceased to be members
5. There shall be 5 separate classes of membership:
(a) Full (voting) membership: Any person 18 years of age or older, of proven Métis heritage and of good moral character.
(b) Senior (voting) membership: Any person 60 years of age or older, of proven Métis heritage and of good moral character.
(c) Youth (non-voting) membership: Any person under 18 years of age, of proven Métis heritage and of good moral character.
(d) Social (non-voting) membership: Any person of good moral character.
(e) Honorary (non-voting) membership: The Board of Directors may, on an annual basis, extend to any person or organization the title of honorary member.
(g) The number of social members shall not exceed 50 % of the number of full members.
6. The rights and privileges of the various classes of membership are as follows:
(a) Full: To attend all general and special meetings, to participate in all social and cultural events, to vote, to hold an elected office, to hold a voluntary position, to participate in committees, and to receive all Society bulletins and newsletters. Membership Number and card issued.
(b) Senior: The same as in (a) above.
(c) Youth: The same as in (a) above except that there is no right to vote or to hold a voting elected office.
(d) Social: The same as in (c) above except that there is no right to vote or to hold an elected office.No Membership Number or card issued subject to Article 3(h).
(e) Honorary: The same as in (d) above.
7. Membership Fees and Dues
(a) All fees and annual dues will be reviewed yearly by the Board of Directors and changed as deemed necessary to become effective at the start of the next fiscal year(April 1)
(b) For full membership the one-time processing fee and annual dues as determined by the Board of Directors annually.
(c) For senior: The same as in (b) above.
(d) For youth membership: The same as in (b) above.
(f) For social membership: The same as in (b) above.
(g) For honorary membership there are no fees or dues.
(h) Social members may apply for a membership number (by completing the appropriate forms and paying the one time processing fee) at any time by meeting all membership eligibility requirements, paying the appropriate processing fee and applicable annual dues.
8. Applicants for all classes of membership must be proposed in writing on a form approved by the Directors. Each application must be accompanied by the required documentation, genealogy and processing fee. The processing fee is non refundable
9. Once verified,the application must be presented by the Board of Directors to the membership for acceptance.
10. Annual dues become payable on membership acceptance and/or April 1st. Dues for members shall be prorated to the nearest quarter.
11. All members are in good standing except a member who has failed to pay his or her current annual membership fee or any other debt owing by him or her to the Society and he or she is not in good standing as long as the debt remains unpaid.
12. The Board of Directors shall notify any member who has failed to pay his or her dues by May 1st of the current year. If by June 30 of the same year the dues have still not been paid, the delinquent member will be considered not in good standing.
13. The same procedure as outlined in the preceding Article shall be followed for any indebtedness, other than dues, owing to the Society by any member. The Board of Directors will document any and all actions undertaken for the collection of any debt owed by a member and remaining unpaid for a period of ninety (90) days. The Board will make full disclosure of the action taken, at the first Membership meeting following the ninety (90) day grace period.
14. Membership in the Society shall be terminated or suspended by:
a) Voluntary resignation.
b) Leave of absence: Any member who ceases to be actively involved in the Society may apply to the Board of Directors for leave of absence status. Upon written Board approval, the membership dues will be suspended during the absence. During leave of absence the member shall not be entitled to full rights and privileges.
c) Suspension: Members may be censured, suspended, or expelled for violation of these by-laws or for conduct unbecoming of a member or for actions injurious or prejudicial to the welfare of the Society.
Such penalty shall be enforced only after a review of the alleged breach of conduct at a regular or special meeting by a majority vote by the Board of Directors, the Member first having had ten (10) days notice in writing of the charges against him or her. The member shall have the right to present his or her case to the Directors and make a defence to the charges presented. The Member may appeal the decision of the Board of Directors at the first regular or special general meeting following the review. At this time a two-thirds (2/3) supporting vote of all voting eligible members present shall be necessary to sustain such an appeal and to restore the member to good standing in the Society.
15. Any member expelled from the Society by the Board of Directors shall not be eligible for reinstatement, but may make application for membership in the regular manner as herein provided. Such application, however, cannot be made prior to one (1) year after such member has been sanctioned.
16. Any person whose application for membership has not been approved may make another application in the regular manner as herein provided after fulfilling any deficiencies in the requirements of membership.
Part lll – MEETINGS OF MEMBERS
17. The Annual General Meeting of the Society shall be held in October of each year in a place to be determined by the Board of Directors. A notice of the time and place of said meeting shall be posted on the MIMN website and distributed to each member at least ten (10) days prior to such meeting as outlined in article 46. Not less than eighteen (18), voting members shall form a quorum for an AGM. Voting by proxy is not permitted.
18. (a) Periodic Meetings shall be held at least three times annually, on dates determined by the Board. A notice of date, time and place of these meetings will be posted on the MIMN website and distributed to each member at least ten (10) days prior to such meeting as outlined in article 45. Not less than eighteen (18), voting members shall form a quorum.
(b) The accidental omission to give notice of a meeting or the non-receipt of a notice by any of the members entitled to receive notice does not invalidate proceedings at that meeting.
The order of business at these meetings should be as follows:
(a) Address by the President
(b) Recognition of any new members or guests
(c) Conduct any new business or old business as required.
(d) Report of the Treasurer
(e) Reports of the Officers and Committees
19. Special Resolutions Meetings may be called by the President on the requisition of a minimum of twenty-five (25) eligible voting members of the Society and upon ten (10) days notice, posted on the MIMN website and distributed to each member as outlined in article 44. No business other than as indicated in the call shall be presented at the Special Resolution Meeting.
20. If twenty-Five (25), voting members do not attend such special resolution meeting, a second meeting shall be called and the special business will be transacted by the voting members present.
Part lV – DIRECTORS and OFFICERS
21. The elected officers of the Society shall consist of:
(a) A President
(b) A Vice President
(c) A Secretary
(d) A Treasurer
22. The Board of Directors, as elected from the active members of the Society, shall consist of two (2) elected Directors in addition to the elected officers and the immediate Past President. Election to an office makes such an officer automatically a Director. The officer’s terms of office shall be for one (1) year, the Directors for one (1) year.
(a) The President, Vice President, Secretary, Treasurer and one or more other person shall be the Officers of the Society.
(b) The number of Directors shall be two (2) or a greater number determined from time to time at a general meeting.
(c) Elected Elder shall sit as non-voting members on the Board of Directors
23. Should there be no active immediate Past President, the Board of Directors in a manner that they find appropriate, the position may be left vacant or at their discretion shall fill the office.
24. An officer of the Society or a member of the Board of Directors may not receive personal gain or profit for service to the Societyin the execution of their duties directly related to their elected position. A director shall be reimbursed for all expenses necessarily and reasonably incurred by him or her while engaged in the affairs of the Society.
Part V – ELECTION OF OFFICERS
25. The election of officers shall be held at the Annual General Meeting in October of each year.
26. The Board of Directors shall appoint a Nominating Committee (minimum two (2) members) in August and present the committee at the September Meeting The Board will ask for additional Members (for the nominating committee) to be nominated from the floor at this time.
The Nominating Committee shall endeavour to nominate at least one (1) member for each office to be filled, and this committee’s final report shall be made at the Annual General Meeting.
Immediately following the Nominating Committees report the President shall call for nominations from the floor for each elected office.
27. (a) The Directors shall retire from office at each annual general meeting when their successor shall be elected.
(b) Separate elections shall be held for each office to be filled,
(c) An election may be by acclamation, otherwise, shall be by secret ballot.
(d) If no successor is elected, the person elected or appointed, continues to hold office.
28. At the annual election of officers, only those voting eligible (Full/Senior) members who are present and in good standing shall be entitled to cast a ballot.
The ballots shall be taken and counted by a committee appointed by the President.
There shall be no votes by proxy.
29. The Officers and Director so elected and sworn in shall assume office immediately following the election and shall hold office until the AGM of the following year or until their successors shall be elected and qualified.
30. Whenever a vacancy shall occur in any elected office by reason of resignation or any other cause, such vacancy shall be filled by appointment by the President, subject to a confirmation by a majority vote of the Board of Directors. The person so elected shall serve the unexpired term of his or her predecessor. The affirmation vote of a majority of the Directors shall be necessary to appoint any member to fill a vacancy. In the event of a vacancy occurring in the offices of President or Vice President, these offices shall be filled by the Treasurer or Secretary respectively. The members may, by special resolution, remove an officer before the expiration of his term of office and may appoint a successor to complete the term of office.
Part Vl – DUTIES OF ELECTED OFFICERS
31. (a) The President shall preside at all meetings of the Society and/of the Directors.
(b) The President shall supervise the other officers in the execution of their duties.
32. The Vice President shall carry out the duties assigned by the president and/or carry out the duties of the president in the absence of the president.
33. The Secretary shall:
(a) Conduct the correspondence of the Society;
(b) Issue notices of meetings of the Society and Directors;
(c) Keep minutes of all meetings of the Society and directors;
(d) Have custody of all records and documents of the Society except those required to be kept by the treasurer;
(e) Have custody of the common seal of the Society; and
(f) Maintain the register of members.
34. The treasurer shall:
(a) Keep the financial records, including books of account, necessary to comply with the Society Act; and
(b) Render financial statements to the directors, members and others when required.
35. (a) The offices of secretary and treasurer may be held by one person who shall be known as the secretary treasurer.
(b) When a secretary treasurer holds office the total number of directors shall not be less than five (5) or the greater number that may have been determined pursuant to bylaw 19(b)
36. In the absence of the secretary at a meeting, the directors shall appoint another person to act as secretary at the meeting.
37. The Board of Directors shall constitute the governing body of the Society and shall have the power to carry out and fulfil the objects and purposes prescribed in the Articles of incorporation and to implement all the legal powers conferred by said articles and by law upon the Corporation.
38. The Board of Directors shall be the legal custodians of the property of the society and shall have the active business management and control of the affairs and funds of the Society hire staff and make contracts binding upon the Corporation. The signing of all instruments in writing or other legal documents shall be by the President and the Secretary who shall also affix the corporate seal when necessary.
Part V11 – COMMITTEES AND THEIR DUTIES
39. The FINANCE COMMITTEE shall consist of two or more of the elected board members and the Treasurer who shall chair the meetings. Its duties shall include receiving committee recommendations for budget expenditures in advance of the current year, preparation and submission to the Board of Directors of an annual budget, and submission of the approved budget to the new Executive Committee for implementation.
40. The President may appoint any special committees and designate the duties of said committees when and as deemed necessary.
Part Vlll – MISCELLANEOUS
41. The Board of Directors shall be empowered to make expenditures of up to but not exceeding One Thousand Dollars ($1000.00). Greater expenditure shall require a majority vote at a general meeting. Notice of the proposed expenditure shall be given at least ten (10) days prior to the meeting at which the vote will be taken.
42. Robert’s Rules of Order shall prevail in all matters at regular meetings, the Annual General Meeting, and in matters pertaining to special resolutions
Part lX – BY-LAWS AMENDMENTS
43. The Secretary shall transcribe the By-laws into a book; this book shall be the permanent record book and the property of the society.
44. The Board of Directors shall review the By-laws annually and any revisions recommended shall result in appropriate amendments.
45. These by-laws may be amended from time to time by a seventy-five percent(75%) vote of the Full and Senior Memberspresent at any regular meeting of the Society or any special meeting called for that purpose, provided that in the call for the meeting the Secretary shall give notice that an amendment to the by-laws is to come before the Society at such meeting.
46. The by-laws shall not be suspended at any time except by unanimous vote of all members present at a regular meeting.
Part X – DISSOLUTION
47. In the event of the winding-up of the Society, the assets of the Society shall be divided equally between the Full and Senior Members. No other members shall be entitled to share in any distribution of the assets of the Society. If the Society is designated as a non-profit organization, the assets will be donated to a non-profit society in British Columbia that has similar goals and objectives as the Mid Island Métis Nation Association and is agreed to by the membership.
Part Xl – NOTIFICATION
48. Any notice or document may be given by the Society to any member either personally or by sending it to him by post to the last address which he has given to the Society or by electronic mail to the last address given to the Society. Any notice or document sent by post shall be deemed to have been served on the business day following that on which the letter, envelope or wrapper containing that notice or document is posted and in proving service thereof it shall be sufficient to prove that the letter, envelope or wrapper containing the notice or document was properly addressed and put in a Canadian Government post office, postage prepaid.