2,553
edits
Difference between revisions of "Reviewing Your Non-profit Society's Bylaws"
From Clicklaw Wikibooks
Reviewing Your Non-profit Society's Bylaws (view source)
Revision as of 18:01, 30 November 2016
, 18:01, 30 November 2016no edit summary
| Line 83: | Line 83: | ||
(3) The person who is the subject of the proposed resolution for expulsion must be given an opportunity to be heard at the general meeting before the special resolution is put to a vote.''</blockquote> | (3) The person who is the subject of the proposed resolution for expulsion must be given an opportunity to be heard at the general meeting before the special resolution is put to a vote.''</blockquote> | ||
The new model bylaws do not address the expulsion or discipline of a member. | |||
Step 1: Does the clause align with the new Act? | |||
The wording in the existing bylaws is similar but slightly different from provision in new Act. The bylaw deals only with expulsion; the new Act deals with expulsion and discipline. The bylaw provides the member with “an opportunity to be heard at the general meeting”; the new Act provides the member with “a reasonable opportunity to make representations to the society”, which is broader wording, not restricted to the general meeting or to an opportunity to say something. | |||
There’s an argument to make that the existing bylaw and the Act don’t fully conflict; that is, that the Act '''extends''' the wording of the bylaw. But to whatever extent that the existing bylaw and the Act are in conflict, the Act would prevail. | |||
Step 2: Does the clause support the needs of your society? | |||
The new Act provides that a member can be disciplined or expelled by special resolution '''unless the bylaws provide otherwise.''' Consider whether the needs of your society would be better met by having a different procedure, such as one involving a board of directors process. | |||
If you are revising the existing bylaws, the options would be to: | |||
* Delete the provision from the existing bylaws (and let the matter of expulsion or discipline of a member be governed by the provision in the Act). | |||
* Revise the provision in the existing bylaws to provide a different procedure for dealing with expulsion or discipline of a member. | |||
If you are working from the new model bylaws, the options would be to: | |||
* Do nothing (and let the matter of expulsion or discipline of a member be governed by the provision in the Act). | |||
* Add a provision outlining a different procedure for dealing with expulsion or discipline of a member. | |||
