Reviewing Your Non-profit Society's Bylaws: Difference between revisions
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Reviewing Your Non-profit Society's Bylaws (view source)
Revision as of 03:02, 1 December 2016
, 1 December 2016→Example 1: Expelling a member
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The new model bylaws do not address the expulsion or discipline of a member. | The new model bylaws do not address the expulsion or discipline of a member. | ||
==== Step 1: Does | ==== Step 1: Does clause align with 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. | 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. | ||
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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. | 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 | ==== Step 2: Does clause support needs of 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. | 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. | ||
