BYLAW 4: BALLOTING

Published: November 2015

4.1 The registrar must supervise and administer the annual election for elected councillor positions and the conduct of the balloting process for elections and for ratification of proposed bylaw amendments under section 10 of the Foresters Act and other business resolutions put before the voting members for ballot under Bylaw 3.4, and may establish additional procedures consistent with the bylaws for those purposes, subject to any directions given by council.

4.2 Not less than five months before the date set for an annual general meeting, council must appoint a nominating committee consisting of at least three members for the purpose of nominating candidates for election to all elected councillor positions to be elected under Bylaw 1.5.

4.3 The nominating committee:

4.3.1 must make reasonable efforts to nominate at least one more candidate for RFT councillor and at least one more candidate for RPF councillor, respectively, than the number of positions to be elected; and
4.3.2 must deliver to the registrar, not less than three months before the date set for the annual general meeting, a list of nominated candidates accompanied by each candidate’s written consent to stand for election.

4.4 Not less than two months before the date set for the annual general meeting, the registrar must publish on the association’s website the names of all candidates nominated by the nominating committee.

4.5 Additional candidates may be nominated for election to any elected councillor position to be elected under Bylaw 1.5 by delivering to the registrar a written nomination in a form satisfactory to the registrar signed by at least ten voting members, accompanied by the candidate’s written consent to stand for election.

4.6 A written nomination under Bylaw 4.5:

4.6.1 must state the full current address, telephone number, registration number, and, where available, fax number and e-mail address of the candidate nominated and each nominator; and
4.6.2 must be received by the registrar not less than two months before the date set for the annual general meeting.

4.7 After the deadline for receipt of nominations under Bylaw 4.6.2, the registrar must prepare the necessary ballots for the election, separately listing the following groups of candidates:

4.7.1 candidates for election to the position of vice president, including any additional vacancy in the position of president to be filled by election under Bylaw 1.10.2;
4.7.2 candidates for election to any RFT councillor positions, including any additional vacancies in RFT councillor positions to be filled by election under Bylaw 1.10.1; and
4.7.3 candidates for election to any RPF councillor positions, including any additional vacancies in RPF councillor positions to be filled by election under Bylaw 1.10.1.

4.8 Ballots for an election must:

4.8.1 be in a form approved by council;
4.8.2 indicate which candidates are standing for election to which positions;
4.8.3 indicate if any candidates have been acclaimed for any positions; and
4.8.4 indicate the date and time specified by the registrar for the return of ballots under Bylaw 4.14.

4.9 Ballots for ratification of a proposed bylaw amendment or a business resolution must:

4.9.1 be in a form approved by council; and
4.9. 2 indicate the date and time specified by the registrar for the return of ballots under Bylaw 4.14.

4.10 Council must establish a date of record for an election or for ratification of a proposed bylaw amendment or business resolution that is not more than two weeks before the date set for sending ballots to voting members under Bylaw 4.11.

4.11 Within two weeks of the date of record, the registrar must prepare a voters list containing the names of all voting members as of the date of record, and must send a ballot to every voting member on the voting list, as follows:

4.11.1 by e-mail, transmitted to the last known e-mail address the association has on record for the voting member, to each voting member who has opted to receive ballots electronically and for whom the association has an e-mail address; or
4.11.2 by first-class mail, posted to the last known mailing address the association has on record for the voting member, to each voting member who has not opted to received ballots electronically or for whom the association does not have a current e-mail address.

4.12 Ballots posted by first-class mail must be posted on the same date that ballots are transmitted by e-mail, which is the deemed delivery date for all the ballots.

4.13 Every voting member on the voters lists is eligible to cast one ballot.

4.13.1 In casting a ballot for an election, a voting member may vote for up to the total number of candidates to be elected in each group of candidates listed in accordance with Bylaw 4.7.
4.13.2 In casting a ballot on ratification of a proposed bylaw amendment or business resolution, a voting member may vote in favour of or against the proposed bylaw amendment or business resolution.

4.14 To be counted, ballots must be received by the registrar by the date and time specified by the registrar for the return of ballots, which must be at least 30 days after the deemed delivery date for the ballots under Bylaw 4.12.

4.15 Ballots must be counted by a returning officer and two or more scrutineers appointed under Bylaw 3.7.5, and the registrar.

4.15.1 Association staff may assist in counting ballots as directed by the returning officer or the registrar.

4.16 The registrar must implement adequate control and security measures, in accordance with any directions given by council, to provide reasonable assurance as to the integrity and confidentiality of the voting process, including measures to provide reasonable assurance that:

4.16.1 only voting members on the voters list may cast a valid ballot;
4.16.2 the identity of each voter and the contents of his or her ballot is kept secret;
4.16.3 no ballots are accepted or counted unless received before the date and time specified by the registrar for the return of ballots under Bylaw 4.14; and
4.16.4 systems used to tabulate votes cast are accurate.

4.17 Subject to Bylaw 4.18, the candidate for the position of vice-president who receives the most votes is elected to that position.

4.18 If there is an additional vacancy in the position of president to be filled by election under Bylaw 1.10.2:

4.18.1 the candidate in the group of candidates listed in accordance with Bylaw 4.7.1 who receives the most votes is elected to fill the vacancy in the position of president under Bylaw 1.10.2; and
4.18.2 the candidate in that group who receives the next most votes is elected to the position of vice-president under Bylaw 1.5.1.

4.19 RFT councillors and RPF councillors must be elected as follows:

4.19.1 the candidates for those positions who receive the most votes in the respective group of candidates must be elected to fill any positions to be elected for three-year terms of office under Bylaw 1.5.2; and
4.19.2 the remaining candidates with the next most votes in the respective group of candidates must be elected to any remaining positions to be filled:

4.19.2.1 first, for any positions to be elected for a two-year term of office under Bylaw 1.9, or to fill any vacant position under Bylaw 1.10.1 with two years remaining under Bylaw 1.11; and
4.19.2.2 second, to fill any vacant position under Bylaw 1.10.1 with one year remaining under Bylaw 1.11.

4.20 If, at any stage in the counting of ballots for an election, more than one candidate receives the same number of votes, the registrar must break the tie vote by random draw.

4.21 As soon as the results of an election are known, the returning office must inform the council, and the president must inform the candidates. The election results must also be reported to all members as soon as convenient, and must be reported at the annual general meeting.

4.22 A proposed bylaw amendment may only be ratified in accordance with section 10 of the Foresters Act.

4.23 Subject to Bylaws 4.22 and 4.23.1, a business resolution may be ratified by majority vote of the voting members who cast ballots on ratification of the business resolution.

4.23.1 In the case of a tie vote on a ballot on ratification of a business resolution, the business resolution is not ratified.

4.24 As soon as the results of a ballot for ratification of a proposed bylaw amendment or business resolution are known, the returning officer must inform the council. The results of the ballot must also be reported to all members as soon as convenient, and must be reported at the annual general meeting.


Download Bylaw 4: Balloting in PDF format.

 

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