BYLAW 1: FORMATION OF COUNCIL

Published: November 2015

1.1 In these bylaws:

1.1.1 “at-large councillor” means an RFT councillor or an RPF councillor;
1.1.2 “date of record” means the date of record established by council under Bylaw 4.10 for an election or for ratification of a proposed bylaw amendment or business resolution;
1.1.3 “elected councillor” means the president, vice-president, immediate past president, an RFT councillor or an RPF councillor;
1.1.4 “RFT councillor” means a Registered Forest Technologist or Registered Forest Technologist (Retired) elected as a councillor under Section 7(d) of the Foresters Act or appointed to fill a vacancy in an RFT councillor position under Bylaw 1.16;
1.1.5 “RPF councillor” means a Registered Professional Forester or Registered Professional Forester (Retired) elected as a councillor under Section 7(d) of the Foresters Act or appointed to fill a vacancy in an RPF councillor position under Bylaw 1.16;
1.1.6 “special resolution” means a resolution of council passed by at least two-thirds of its members voting on the resolution, in accordance with any applicable criteria established by council from time to time;
1.1.7 “voting member” means a registered member, retired registered member, associate member, or holder of a limited licence under Bylaw 5.18, who is in good standing and not on a leave of absence.

1.2 Effective as of the 2017 annual general meeting, the number of at-large councillor positions under Section 7(d) of the Foresters Act  is seven, including three RFT councillors and four RPF councillors, unless otherwise specified by special resolution.

1.3 To be eligible for election as an elected councillor, a person must be:

1.3.1 a Canadian citizen or a permanent resident of Canada; and
1.3.2 a registered member or a retired registered member in good standing, provided that:
1.3.2.1 only a Registered Forest Technologist or Registered Forest Technologist (Retired) in good standing is eligible for election to an RFT councillor position; and
1.3.2.2 only a Registered Professional Forester or Registered Professional Forester (Retired) in good standing is eligible for election to an RPF councillor position.

1.4 An at-large councillor is not eligible to be elected to the position of vice-president or president with a term of office commencing before the expiry of the term of office for his or her existing at-large councillor position, unless the at-large councillor delivers to the registrar an irrevocable notice of resignation from his or her existing at-large councillor position that is effective at or before the commencement of the upcoming annual general meeting.

1.5 An election must be held each year for the following elected councillor positions:

1.5.1 the vice-president;
1.5.2 the number of at-large councillors prescribed under Bylaw 1.8, or otherwise specified by special resolution; and
1.5.3 any additional elected councillors that may be required to fill other vacancies in elected councillor positions in accordance with Bylaw 1.10.

1.6 Subject to Bylaws 1.7, 1.9 and 1.11 to 1.16, the term of office for an elected councillor is three years, commencing at the annual general meeting of the year in which he or she is elected and ending at the third annual general meeting after he or she is elected.

1.7 Subject to Bylaw 1.15, the person elected to the position of vice-president:

1.7.1 must serve for one year in that office, until the first annual general meeting after he or she is elected;
1.7.2 must serve for one year in the office of president, from the first annual general meeting after he or she is elected until the second annual general meeting after he or she is elected; and
1.7.3 must serve for one year in the office of immediate past president, from the second annual general meeting after he or she is elected for the remainder of his or her term of office.

1.8 Unless otherwise specified by special resolution, the number of at-large councillors to be elected each year under Bylaw 1.5.2 is:

1.8.1 zero in 2016;
1.8.2 three in 2017 [RFT #1, RPF #1 and RPF #2];
1.8.3 four in 2018 [RFT #2, RFT #3, RPF #3 and RPF #4];
1.8.4 two in 2019 [RFT #1 and RPF #1], and every third year thereafter;
1.8.5 two in 2020 [RFT #2 and RPF #2], and every third year thereafter; and
1.8.6 three in 2021 [RFT #3, RPF #3 and RPF #4], and every third year thereafter.

1.9 The following at-large councillors are elected under Bylaw 1.5.2 for two-year terms of office:

1.9.1 In the 2017 election, one RFT councillor [RFT #1] and one RPF councillor [RPF #1] will be elected as at-large councillors under Bylaw 1.8.2 for two-year terms of office ending at the 2019 annual general meeting.
1.9.2 In the 2018 election, one RFT councillor [RFT #2] will be elected as an at-large councillor under Bylaw 1.8.3 for a two-year term of office ending at the 2020 annual general meeting.

1.10 In addition to the elected councillor positions to be elected under Bylaws 1.5.1 and 1.5.2, any of the following additional vacancies must be filled by election under Bylaw 1.5.3:

1.10.1 any vacancy in an RFT councillor or RPF councillor position

1.10.1.1 existing as of the date of record,
1.10.1.2 that will result from an RFT councillor or RPF councillor appointed under Bylaw 1.16 ceasing to hold office at the annual general meeting, or
1.10.1.3 in or after the 2017 election, that will otherwise result from an RFT councillor or RPF councillor resigning from that position under Bylaw 1.4; and

1.10.2 any vacancy in the position of president

1.10.2.1 that will result from the vice-president ceasing to hold office as an elected councillor on or before the date of record, or
1.10.2.2 that will result from a vice-president appointed under Bylaw 1.16 ceasing to hold office at the annual general meeting.

1.11 An RFT councillor or RPF councillor elected to fill a vacancy under Bylaw 1.10.1 is elected for the remainder of the term of office of the applicable position.

1.12 A person elected to fill a vacancy in the position of president under Bylaw 1.10.2:

1.12.1 is elected for the remaining two years of the term of office of that position;
1.12.2 must serve for one year in the office of president, until the first annual general meeting after he or she is elected; and
1.12.3 must serve for one year in the office of immediate past president, from the first annual general meeting after he or she is elected for the remainder of his or her term of office.

1.13 An elected councillor ceases to hold office as an elected councillor:

1.13.1 on the expiry of the elected councillor’s term of office;
1.13.2 if the elected councillor ceases to be qualified for election under Bylaw 1.3;
1.13.3 on delivering a resignation in writing to the registrar;
1.13.4 on being removed from office under Bylaw 1.14; or
1.13.5 if the elected councillor dies or becomes incapacitated.

1.14 Council may, by special resolution, remove an elected councillor from office for failing to perform his or her duties as an elected councillor or for contravening the association’s council governance policy.

1.14.1 Council must give at least five business days’ notice to an elected councillor of a proposed vote to remove him or her from office, with particulars of the alleged grounds for the proposed removal.

1.15 If the president ceases to hold office as an elected councillor before the end of his or her year of service in the office of president, the vice-president:

1.15.1 must immediately assume the office of president; and
1.15.2 must continue to serve as president until the second annual general meeting after he or she was elected, in accordance with Bylaw 1.7.2.

1.16 Subject to Bylaw 1.17, if, at any time before the date of record, there are two or more vacancies in elected councillor positions, including any vacancy in the position of vice-president resulting from the vice-president assuming the office of president under Bylaw 1.15.1, council
may appoint one or more former members of council who are eligible for election to those positions to fill one or more of the vacancies, on an interim basis, until the next annual general meeting.

1.17 A vacancy in the position of immediate past president must not be filled by election under Bylaw 1.5.3 or by appointment under Bylaw 1.16.


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