BYLAW 4 ‎–‎ GENERAL MEETINGS AND REFERENDUMS

Published: February 2021

General meetings

4-1 (1) Subject to subsections (2) and (5), all general meetings under section 33 of the Act  must be held in British Columbia at a time and place determined by the council.
(2) An annual general meeting must be convened in February or March of each year.
(3) The following items must be presented at an annual general meeting, and published on ABCFP’s website within 14 days after the annual general meeting:

(a) the annual report of ABCFP;
(b) the audited financial statements.

(4) Every general meeting other than an annual general meeting is a special general meeting.
(5) If the registrar receives a valid request for a special general meeting under section 33(4) of the Act , the council must schedule the special general meeting to be convened within four months of receipt of that request.

Notice of a general meeting

4-2 (1) The registrar must deliver notice of a general meeting to every registrant, lay councillor and lay committee member at least 49 days before the date set for the meeting.
(2) Notice of a general meeting must include

(a) the time and place of the general meeting,
(b) the general nature of the business to be considered at the general meeting,
(c) any resolutions proposed by the council to be considered at the general meeting, and
(d) any resolutions proposed by registrants under section 4-3 and delivered to the registrar before notice of the general meeting is issued.

(3) At the discretion of the council, notice of a general meeting may specify that registrants will be permitted to attend the general meeting by video, telephone conference, web casting, or an equivalent method of telecommunication, in accordance with instructions specified in the notice.
(4) Notice of a general meeting may be delivered to a registrant by e-mail, transmitted to the last known e-mail address ABCFP has on record for the registrant.
(5) The accidental omission to deliver notice of a general meeting to, or the non-receipt of such notice by, any person entitled to receive notice does not invalidate proceedings at that general meeting.

Resolutions proposed by registrants

4-3 (1) A registrant may deliver a written request to the registrar for consideration of a proposed resolution at a general meeting.
(2) A written request delivered by a registrant under subsection (1)

(a) must contain the written text of the proposed resolution,
(b) must identify the registrant as mover of the resolution, and at least ten additional registrants as seconders of the proposed resolution,
(c) must contain the names, signatures and registration numbers of the mover and all seconders of the proposed resolution, and
(d) must be received by the registrar at least 35 days before the date set for the general meeting at which the proposed resolution is to be considered.

(3) The registrar must deliver notice of a resolution proposed by a registrant under this section to every registrant, lay councillor and lay committee member at least 21 days before the date set for the general meeting at which the proposed resolution is to be considered, if such notice was not previously included in the notice of the general meeting under section 4-2(2)(d).
(4) Notice of a proposed resolution under subsection (3) may be delivered to a registrant in the same manner as notice of a general meeting under section 4-2(4).
(5) The accidental omission to deliver notice of a proposed resolution to, or the non-‎receipt of such notice by, any person entitled to receive notice does not invalidate the proposed resolution.‎
(6) Except as provided in section 34 of the Act, a resolution approved at a general meeting does not bind the council, any committee, or any officer, employee or agent of ABCFP in the exercise of its or their powers or in the performance of its or their duties under the Act or any other enactment.

Proceedings at a general meeting

4-4 (1) The quorum at a general meeting is 40 registrants attending in person or in accordance with subsection (2).
(2) If the notice of a general meeting specifies that registrants will be permitted to attend ‎the general meeting by video, telephone conference, web casting, or an ‎equivalent method of telecommunication, registrants may attend and participate in the general meeting by such medium, in accordance with the instructions ‎specified in the notice, and any registrants so attending must be included in the quorum.

(3) No registrant ‎may be counted as present by proxy, or vote by proxy, at a general meeting.
(4) No business, other than the adjournment or termination of the meeting, may be conducted at a general meeting at a time when a quorum is not in attendance.
(5) If at any time during a general meeting there ceases to be a quorum in attendance, business then in progress must be suspended until there is a quorum in attendance.
(6) If a quorum is not in attendance within 30 minutes from the time appointed for the commencement of a general meeting, or from any time during a general meeting when there ceases to be a quorum in attendance, the general meeting must be adjourned.
(7) The president or, if the president is absent or unable to act, the vice president, must chair the general meeting.
(8) In the absence of both the president and the vice president, an acting chair for a general meeting must be elected from the registrant councillors in attendance by majority vote of the registrants in attendance.
(9) A general meeting may be adjourned from time to time and from place to place, but no business may be transacted at an adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
(10) When a general meeting is adjourned, notice of the rescheduled general meeting must be delivered in the same manner as the notice of the original meeting.
(11) Every registrant in attendance at a general meeting is entitled to cast one vote on each resolution put to a vote at the general meeting.
(12) In case of a tie vote, the proposed resolution does not pass.
(13) The council may adopt or establish additional rules or procedures, consistent with the Act and the bylaws, for the purpose of regulating the conduct of general meetings.

Referendums

4-5 (1) Any referendum that is required under section 34 of the Act must be conducted in accordance with this section.
(2) The registrar must supervise and administer all referendums, and may establish additional referendum procedures for that purpose, consistent with the Act and the bylaws.
(3) The registrar must prepare the necessary ballots for a referendum.
(4) Ballots for a referendum must

(a) be in a form approved by the council,
(b) contain, or be accompanied by, the text of the resolution to be voted on in the referendum, and
(c) indicate the date and time specified by the registrar for the return of ballots under subsection (9).

(5) The registrar must prepare a voters list containing the names of all registrants as of the date that the conditions in section 34(2)(a) and (b) of the Act are both ‎satisfied.
(6) At least 30 days before the date specified by the registrar for the return of ballots under subsection (9), the registrar must send a referendum ballot or instructions to access an online referendum ballot by e-mail to every registrant on the voters list, transmitted to the last known e-mail address ABCFP has on record for each registrant.
(7) The accidental omission to deliver a referendum ballot or instructions to, or the non-receipt of a referendum ballot or instructions by, any registrant does not invalidate the referendum or its results.
(8) Every registrant on the voters list is eligible to cast one referendum ballot, and may vote for or against the resolution to be voted on in the referendum.
(9) To be counted, validly completed ballots must be received by the date and time specified by the registrar for the return of ballots, which must be no more than 90 days after the date that the conditions in section 34(2)(a) and (b) of the Act are both satisfied.
(10) Ballots must be counted by

(a) the registrar, and
(b) a returning officer and one or more scrutineers appointed by the council.

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

(a) only registrants on the voters list may cast a valid referendum ballot,
(b) the identify of each voter and the contents of their ballot are kept secret,
(c) no ballots are accepted or counted unless received before the date and time specified by the registrar for the return of ballots under subsection (9), and 
(d) systems used to tabulate votes cast are accurate.

(12) The registrar must resolve any dispute or irregularity with respect to any ballot or referendum, and any ruling made by the registrar to resolve the dispute or irregularity is final and binding.
(13) The registrar may adopt or establish additional procedures, consistent with the Act and the bylaws, for resolving a dispute or irregularity with respect to a ballot or referendum.
(14) As soon as practicable after the results of a referendum are known, the registrar must communicate the referendum results to the council and to all registrants.


Download Bylaw 4: General Meetings and Referendums in PDF format.

 

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