Constitution and By-Laws


 Constitution and By-Laws

1.    Membership in the Society shall be limited to the subscribers to the Constitution and By-Laws of the Society together with such other persons as are from time to time admitted to membership by the Central Executive.

2.     Membership in the Society shall include all persons registered for league curling who have paid their current annual dues.
        a.  A member must be registered with the Society as a member of a curling team in a duly recognized league.
        b.  A team consists of four members but may have five members.
        c.  The team must be registered for league play in a league sanctioned by th Society.
        d.  Membership becomes official when the curling dues for the current season are received by the Society.

3.     The Central Executive of the society shall have absolute discretion as to whether or not any person shall be admitted to membership in accordance the the By-Laws and may from time to time prescribe such forms as may be considered necessary for use in connection with the admission of members to the Society.
     
WITHDRAWAL FROM OR LOSS OF MEMBERSHIP

4.    Membership in the Society shall be forfeited on the occurrence of any of the following events:

        a.  On acceptance by the Central Executive of the written  resignation of any member.
        b.  On the expulsion of any member for cause deemed sufficient by the Central Executive.
        c.  On the death of any member.

5.    On the withdrawal from or loss of membership, the person so withdrawing or losing membership shall forfeit all privileges of membership in the Society.  There will be no return of dues.  However, the team may replace the member whose membership has been forfeited with another person without paying any additional dues.

6.    The Central Executive may suspend from membership any person for breach of any rules or other just cause, for such period as the Central Executive may in its discretion determine.

LIFE MEMBERS   

7.    Any two members of the Society may submit a nomination of a present or a past member for consideration as a life member.  Included in the submission shall be a historic record of outstanding contributions made to the Society by the nominated member.

8.     On receiving a nomination, the President shall form a Special Committee to consider the nomination.  The committee shall include Past Presidents who served during the period that the nominated person made such contributions to the Society.

ANNUAL DUES 


9.    The annual dues of the Society shall be set by the Central Executive as follows:

        a.  The Central Executive shall set the annual dues for each league and spare player.
        b.  Current annual dues shall be paid in full by October 30th in each year.
        c.  Prospective members who fail to pay the current annual dues by October 30th shall lose all privileges provided by the Society
              and not be eligible to curl until such time as the dues are paid in full and membership in the Society been acquired.
        d.  A fifth member of a team shall be charged an amount equal to Pacific Coast Curling Association (PCAA) or British Columbia
              Ladies' Curling Association (BCLCA) dues and shall have voting privileges as per regular members.

TEAMS

10.  
All teams must be registered in a league sanctioned by the Society.  Teams competing in league play must conform to rules of the Canadian Curling Association (CCA) unless specified in these By-Laws or in league By-Laws.

SPARES

11.    Non-members of the Society who wish to curl in a league as a spare shall pay a fee as determined by the Central Executive.

LEAGUES

12.     A league must have a minimum of twelve (12) teams.  Each league shall follow the  rules of the Canadian Curling Association (CCA) during league play.  Team members must meet the conditions of membership in their league.  Leagues may elect to create sub-leagues within their league.  For example, the Senior league (50 years+) may have a competitive sub-league, a mixed league, etc, however they all come under the Senior league and have one representative on the Central Executive.  The following are recognized leagues in the Society:

        a.  Senior League ----male and female  50 years plus
        b.  Mixed League ---- male and female
        c.  Men;s league ----  male
        d.  Ladies' League --- female
        e.  Junior League ---- male and female  Up to age 20
        f.  Master's League -- male and female  60 years

13.    Each league shall have By-Laws which shall be filed with  the Central Executive.  Each league shall elect an executive each year which must include a President and at least one representative from each sub-league within their league.

14.    Juniors who wish to curl in any other league must get approval of the appropriate League President as to that league's acceptance of juniors.

CENTRAL EXECUTIVE   

15.    The affairs of the Society shall be administered by a Board of Directors which shall be called the "Central Executive".

16.     All  members of the Central Executive (except for the Club Manager) shall be members in good standing as outlined in para. 2 of these By-Laws.  The Central Executive shall consist of the following:

        a.  The President - a voting member elected by the general membership
        b.  The Past President - the most recent past president, a non-voting member
        c.  The 1st Vice President - a voting member elected by the general membership
        d.  The 2nd Vice President - a voting member elected by the general membership
        e.  The Secretary - a voting member elected by the general membership
        f.   The following league Presidents:
             1.  Senior League
             2.  Mixed League
             3.  Men's League
             4.  Ladies' League
             5.  Junior League
             6.  Master's League
        g.  The Rink Manager - a non-voting member
        h.  PCCA, BCLCA and VICA representatives - non-voting members

17.     The Officers of the Central Executive shall be the President, Past President, 1st Vice President, 2nd Vice President and the Secretary.

18.     Term of office of a member of the Central Executive is one year.  Officers of the Central Executive must be elected by the general membership for each year in office, and may serve to a maximum of three successive terms in the same office.

19.     The President can invite people to attend meetings of the Central Executive to give reports or presentations as necessary.  However, these invited persons shall have no right to discuss or to vote on any business conducted at the meeting.

20.     Should any vacancy occur in the Central Executive, the remaining members of the Central Executive shall continue to act notwithstanding such vacancy, and the acts of such remaining members shall be valid.  Any member of the Society may be elected to the Central Executive at the next Extraordinary General Meeting or General Meeting of the Society to fill the unexpired term of any vacancy.

21.     The Society may, at any General Meeting or Extraordinary General Meeting called for the purpose, remove any member of the Central Executive from office for cause, and may at such General Meeting or Extraordinary General Meeting elect any other member to fill the vacancy so created for the unexpired term of the member so removed.

22.     A member of the Central Executive may resign by submitting a letter to the President informing him/her of such a decision.

23.     A quorum of the Central Executive shall consist of a majority of the voting members of the Central Executive then in office.

24.     A resolution in writing assented to by the signature of each member of the Central Executive shall be as effectual, and of the same force, as though it had been duly passed at a meeting of the Central Executive.

POWERS OF THE CENTRAL EXECUTIVE

25.    The business, discipline and management of the Society shall vest in the Central Executive, save and except such powers that are expressed by the "Societies Act" R.S.B.C. and any amendments thereto or by these By-Laws required to be exercised by the Society at any General Meeting or Extraordinary General Meeting, but no By-Law made by the Society at such meetings shall invalidate any prior act of the Central Executive which would have been valid if that By-Law had not been made.

26.     The Central Executive may meet together for the dispatch of business, adjourn and otherwise regulate their meetings as they think fit.  Questions decided at such meetings shall be decided by majority vote.  In the event of an equality of votes, the motion shall be lost.

27.     Any four members of the Central Executive may, and the Secretary shall, on the requisition of any such members  summon a meeting of the Central Executive.

28.     The Central Executive may delegate any of their powers to committees consisting of members of the Society as they may deem expedient, and make any committee so formed, in the exercise of the powers so delegated, conform to any regulations that may be imposed upon them by the Central Executive.

29.  All acts done at any meeting of the Central Executive or committee thereof, or any person acting as a member of the Central Executive or committee thereof, shall, notwithstanding that it afterwards be discovered, that there was some defect in the appointment(s) of any member or members or that they or any of them were disqualified, be as valid as if every member or members had been duly appointed and was qualified as a member of the Central Executive or committee thereof.

30.     The Central Executive shall hire the club manager, the Club bookkeeper and such other employees as the Central Executive deems necessary.

31.     In the event of an emergency (example: ice plant breakdown), the Central Executive may expend such funds as necessary to meet the emergency.  However, the Central Executive shall call an Extraordinary General Meeting as soon as practical to deal with the emergency.

32. The Central Executive's spending limit on non-budgeted items is $25,000.  The Central Executive shall obtain the prior approval at a General Meeting of the Society prior to spending in excess of $25,000.00 on any non-budgeted item.

TERMS OF REFERENCE OF THE CENTRAL EXECUTIVE

33.    
The following are the required responsibilities of members of the Central Executive:

             a.  The President shall:
                   - preside at all meetings of the Central Executive and at all society Meetings
                   - preside at all meetings of the Finance Committee
                   - preserve order and apply and enforce all By-Laws and rules of the Society
                   - appoint members of the Central Executive to committees
                   - approve all accounts, bills or commitments against the Society before payment
                   - countersign cheques and other orders for the payment of money by the Society
                   - oversee the assets and records of the Society
                   - call for meetings of the Society as he/she may deem necessary
                   - review all Society agreements, contracts and correspondence
                   - sign all minutes of meetings of the Society before they are distributed
                   - brief Central Executive members on their duties and assist as necessary

            b.  The Past President shall:
                   - provide advice as necessary to the President elect
                   - attend meetings as required
                   - serve on special committees
                   - review each league's By-Laws at the beginning of each curling season and provide suggestions or advice as to
                      required amendments  

            c.  The 1st Vice President shall:
                   - assist the President in the discharge of his/her duties
                   - in the absence of the President, act in his/her stead
                   - liaise with the Rink Manager in ensuring the maintenance of the building and ice surface, the provision of
                      services and the necessary improvements to facilities
                   - post and maintain a Club Events Board and an Ice Schedule Board in prominent areas of the Club
                   - attend meetings as required
                   - serve on special committees as required

            d.  The 2nd Vice President shall:
                   - in the absence of the President and 1st Vice President, act in their stead
                   - liaise with all league Presidents, ensuring League Boards are maintained
                   - act as a public relations member for the Society
                   - publish a monthly newsletter
                   - submit articles to local news networks and generally promote Club activities
                   - attend meetings as required
                   - serve on special committees as required

             e.  The Secretary shall:  
                   - record all minutes of meetings of the Society (excluding league meetings)
                   - attend to all correspondence required by the Society
                   - notify all necessary members of upcoming meetings
                   - maintain files that contain minutes of meetings, statements, certificates, records and reports required by law
                   - generally take direction from the President as to required secretarial duties
                   - ensure all minutes are completed and presented to the President for signature, within one week of the
                      completed meeting date
                   - attend meetings as required
                   - serve on special committees as required

             f.  The League Presidents shall:
                   - preside at all meetings of their league executive
                   - convey the concerns of their league at all Central Executive meetings
                   - hold meetings as required to conduct business in their league
                   - become knowledgeable of the constitution and their league By-Laws
                   - provide timely information to the 2nd Vice President in promoting their league activities
                   - assist their bonspiel member in conducting an annual bonspiel
                   - ensure timely information is posted
                   - attend all meetings as required
                   - serve on special committees as required

             g. The Club Manager shall:
                   - carry on his/her duties as per para. 35
                   - at meetings report on the status of club facilities and activities
                   - report on maintenance and parts requirements
                   - liaise routinely with the President and 1st Vice President providing advice as necessary
                   - attend meetings as required
                   - provide assistance to bonspiel coordinators as necessary

             h.  PCCA, BCLCA and VICA Representatives shall:
                   - report on happenings within the organizations they represent
                   - receive input from the Central Executive on issues that should be addressed at their level
                   - attend meetings as required
                   - serve on special committees as required

NOMINATING MEMBERS FOR ELECTION TO THE CENTRAL EXECUTIVE

34.     One month prior to the Election of Officers Meeting, the Central Executive shall post, in a very prominent area of the  Club, a list of the positions on the Central Executive, allowing sufficient space for written nominations.  Any member  put forward for election must have a sponsor.  Nominees will also be accepted from the floor at the Election of Officers meeting.

TERMS OF REFERENCE - CLUB EMPLOYEES

35.     The Central Executive shall decide the terms of reference of each of the following positions:

           a.  the Club Manager
           b.  the Ice Maker
           c.  the Bar Manager
           d.  the Concessionaire, and
           e.  the Bookkeeper

36.     Three months prior to the expiration of the contract with the Club Manager, Ice Maker, Bar Manager, Concessionaire and the Bookkeeper, the Central Executive shall publish the Terms of Reference for each position on the Club Notice Board.

FINANCE COMMITTEE

37.     The Finance Committee meets as required to review financial statements and identify funds required to maintain the operation of the Club.

38.     The Finance Committee shall at its meetings discuss and make recommendations to the Central Executive as to all   structures of dues and all major expenditures.

39.     The Officers of the Central Executive are the members of the Finance Committee and the Club Manager attends as a non-voting member.

40.     The President shall invite a representative from an accounting firm to report as necessary.

BANKING

41.     The Central Executive shall from time to time decide which Financial Institution where the Society shall deposit its funds and conduct its banking business.

42.     All cash, cheques, drafts, notes and other negotiable instruments received shall be deposited in the Financial Institution within a reasonable time of their receipt, and all disbursements for payment of accounts, services rendered and other payments shall be made by cheque, draft or money order, drawn on the Financial Institution.

43.     All cheques issued on behalf of the Club shall be signed by any two of the following:
           the Club Manager, the President or the Past President.

AUDITOR

44.     The books and accounts of the Society shall be audited within thirty (30) days after the termination of each fiscal year by the Auditor.  The auditor shall present to each Annual General Meeting of the Society a written report showing the state and condition of the affairs of the Society, accompanied by a Statement of Assets and Liabilities as at the end of each fiscal period, and a Statement of Profit and Loss for the fiscal period in each year.  The Auditor shall be appointed each year at the Annual General Meeting and shall be a duly qualified Charted Accountant or Certified General Accounted.

45.     The fiscal year of the Society shall terminate on the 31st of August in each year.

FUND RAISING

46.     Any fund raising activities that are conducted in the Club, or elsewhere using the Club's name, are to receive written approval of the Central Executive prior to undertaking any such activities.

INSPECTION OF ACCOUNTS AND RECORDS

47.     The accounts and records of the Society shall be open for the inspection of the membership for a one-week period directly prior to the Annual General Meeting.  Otherwise no such members, other than members of the Central Executive, shall have any right of inspection of accounts or records or documents of the Society, except, as my be conferred by Statue, authorized by the Central Executive, or by resolution of the Society a General Meeting or  Extraordinary General Meeting.

BORROWING POWERS

48.     The Central Executive may and are hereby authorized from time to time to:

            a.  Borrow money with the sanction of a special resolution passed by a 75% majority vote at an
                 Extraordinary Meeting of the Society, upon the credit of the Society upon such terms and conditions
                 as to repayment, payment of interest or otherwise as may be deemed expedient.

            b.  Issue, with the sanction or a special resolution passed by a  75% majority vote at an Extraordinary Meeting of
                  the Society, bonds or debentures or other securities of the Society.

            c.  Pledge or sell such Bonds, Debentures or other securities of the Society or such sums and at such prices
                 as may be passed at a General Meeting.

            d.  Mortgage, hypothecate, charge or pledge all or any of the real and personal property, undertaking and rights
                 of the Society to secure any such bonds, debentures or other securities, or any money borrowed or any other liability of the
                 Society; and
            e.  Issue promissory notes, bits of exchange and other negotiable or transferable instruments subject to the By-Laws herein.

ANNUAL GENERAL MEETING  

49.     The Annual General Meeting of the members of the Society having the right to vote, shall be held in the month of November of each year.

           Order of business at the Annual General Meeting shall be:

           1.  Reading of the Minutes of the last Annual General Meeting
           2.  Reading of the Minutes of Extraordinary Meetings for the past year
           3.  Report of the President
           4.  Report of the Auditor or Audit Committee
           5.  Election of the Auditor or Audit Committee
           6.  Other business
           7.  Adjournment

50.     An election of Officers Meeting shall be held in the first full week of March each year.  Newly elected officers shall take office effective May.

EXTRAORDINARY GENERAL MEETINGS

51.     All General Meetings of the members of the Society having the right to vote, other than the Annual General Meeting and the Election of Officers Meeting, shall be Extraordinary General Meetings, and shall be called by the President, or as otherwise provided in the By-Laws, and shall be held at such time, date and place as the Central Executive shall determine.

52.     An Extraordinary General Meeting may also be called on the written requisition signed by either 10% of the members of the Society or by 10 members of the Society, whichever number is less, having the right to vote, addressed to the President and stating therein, the general nature of the business to be transacted.

53.     Order of Business at an Extraordinary General Meeting shall be:

           1.  Reading of the Minutes of the last Extraordinary General Meeting
           2.  Business for5 which the meeting was called
           3.  Election of members to vacancies in the Central Executive, if any
           4.  New business
           5.  Adjournment

NOTICE OF MEETINGS

54.     Notice of the Annual General Meeting, Election of Officers Meeting or Extraordinary General Meeting shall be given by posting a notice on the Notice board of the Society at least fourteen (14) days prior to the date thereof, stating the date, time and place of such meetings and a brief outline of the proposed agenda of the meeting.

55.     Thirty (30) members having the right to vote and present at any Annual General Meeting, Election of Officers Meeting or Extraordinary General Meeting, shall constitute a quorum.  If within twenty minutes of the time appointed for such meeting, a quorum is not present, the meeting shall be dissolved.  The meeting will be adjourned to the same day, time and place in the next week.  If at the adjourned meeting a quorum is not present within twenty minutes of the time appointed for the meeting, the members present shall constitute a quorum.

MOTIONS AND RESOLUTIONS

56.     All motions and resolutions made at any Annual General Meeting, Election of Officers Meeting or Extraordinary General Meeting shall, upon request of the President or Chairman of the meeting, be reduced to writing and shall be signed by the Mover and Seconder.  A motion or resolution that has been voted upon and failed to pass shall not be submitted again at the same meeting, even if in a different form but of the same substance.  All motions and resolutions shall require a majority vote to be carried as otherwise provided by the "Societies Act" R.S.B.C.

VOTING

57.     At all Annual General Meetings, Election of Officers Meetings and Extraordinary General Meetings, all voting shall be by a show of hands in the first instance, and if required by the President or Chairperson, or upon demand from the floor, a standing vote shall be taken.

58.     Upon electing new members to fill positions on the Central Executive, the nominees during their election shall leave the meeting room.

59.     Each member shall have one vote.

60.     In the event of a equality of votes, the motion shall be deemed to be lost.

61.     A declaration by the President or Chairperson that a motion or resolution has been carried by a sufficient majority or lost, as the case may be, and an entry to that effect in the Minutes of the Society shall be conclusive evidence of the fact without proof of the number of votes in favour or against such resolution.

ALTERATION OF BY-LAWS

62.     Notice of any proposed Special Resolution to create any additional, repeal or alteration of any of these By-Laws, shall be signed by the proposed Mover and Seconder, and posted on the notice board of the Society, at least fourteen (14) days prior to the Extraordinary General Meeting at which the Special Resolution will be proposed.  Such Special Resolution shall require a majority of 75% of the votes cast at the Extraordinary General Meeting, or any adjournment thereof called for the purpose.

PROXIES

63.     No voting by proxy shall be recognized at any meeting of the Society.

SEAL


64.     The Society shall have a corporate seal which shall be kept at the registered office of the Society.  The seal shall not be affixed to any deed, instrument or document of any description save by resolution of the Central Executive.  The Seal shall be affixed in the presence of (A) the President or 1st Vice President and (B) the Secretary or any three members of the Central Executive.

65.     Where these By-Laws are silent as to any procedural matters, the provisions of Schedule B of the Society Act of B.C., R.S.B.C. 1996, C. 432 shall apply but only to the extent that Schedule B is not inconsistent to these By-Laws.

DATED at Courtenay, British Columbia, the 26th day of November, 1997.



 
           

Last updated: 11 Oct 2012
by Ellie Nicholas