SOCIETIES ACT
Creston Valley Minor Hockey Association
BY-LAWS
BY-LAW 1 – INTERPRETATIONS
100 In these By-Laws, unless the context otherwise requires,
a) “Directors” mean the directors of the Creston Valley Minor Hockey Association for the time being;
b) “Society Act” means the Society Act of the Province of British Columbia from time to time in force and all amendments to it;
c) “Membership Fees” means annual player registration fees and any other fees imposed by the association in accordance with the operation of Creston Valley Minor Hockey Association.
101 The definitions in the Societies Act on the date these By-Laws become effective apply to these By-Laws.
102 Words importing the singular include the plural and vice-versa; and words importing a male person include a female person and a corporation.
BY-LAW 2 – MEMBERSHIP
200 The following shall be voting members of the Association:
a) Any parent or guardian of any player;
b) Any person over the age of 19 who is actively involved in the general work of the Association.
201 All registered players, on paying the fees as set by the Executive Committee, are members of the association for the year registered, but are not voting members.
202 Application for membership in the Association shall be open to any parent or Guardian of players who are registered with the Association. Application for membership shall be made at the time of player registration.
203 Every member shall uphold the Constitution and comply with these By-Laws, rules and regulations.
204 Membership shall expire on May 31 following the date of admittance. Therefore membership will expire on May 3 of each year.
205 A person shall also cease to be a member of the Association:
a) By delivering his or her resignation in writing to the secretary of the Society or by mail, fax or delivering it to the address of the Society.
b) On his death or in the case of a corporation on dissolution;
c) On being expelled; or
d) On having been a member not in good standing for twelve consecutive months.
206
a) A member may be suspended or expelled for willful violation of the Constitution or By-Laws or for any other serious breach of rules or regulations of the Society.
b) Where a member is suspended or expelled, the member shall forfeit all rights and privileges in the Society until such time as the member is reinstated as a member in good standing.
c) A member may, at the discretion of the Executive Committee cease to be a member of the Creston Valley Association upon notification from the Chairman of the Discipline Committee for conduct deemed to be improper, unbecoming or likely to endanger the interest or reputation of the Association, or who willfully commits a breach of the Constitution or the By-Laws of the Association.
207
a) All members are in good standing except a member who has failed to pay the current annual membership fees or registration fees or any other subscription or debt due and owing to the Society, and the member is not in good standing so long as the debt remains unpaid.
b) A member who is under suspension is not in good standing until the period of the suspension has been served.
LIFE MEMBERSHIP
208 Life Membership may be bestowed on any individual member of the Society for distinctive service to the society. Life members shall be elected at the Annual General Meeting of the Society by a two-thirds majority of the members voting therein.
BY-LAW 3 – MEETING OF MEMBERS
300 A general meeting of the Society shall be held at such time and pace, in accordance with the Societies act, as the directors decide.
301 Every general meeting, other than an Annual General Meeting, is an extraordinary general meeting, The President shall have the authority to call a special meeting where required.
302 Annual General Meeting shall be held during the month of April
each year.
303 Notice of a general meeting shall specify the place, the day and the hour of meeting and, in case of special business, the general nature of that business.
304 The accidental omission to give notice of a meeting to or the non-receipt of a notice by any of the members entitled to receive notice does not invalidate proceedings at that meeting.
305 The society shall give not less than fourteen (14) days written notice of a general meeting of the Society to the members entitled to receive notice of a general meeting but those members may waive or reduce the period of notice for a particular meeting by unanimous consent, in writing.
306 The executive committee shall, upon written requisition of 10% or more of the members of the Society, herein called the “requisitionists”, forthwith convene a general meeting of the Society.
307 The requisition shall:
a) State the purpose of the general meeting;
b) be signed by the requisitionists, and
c) be delivered or sent by registered mail to the address of the Society, and may consist of several documents in like form each signed by one or more requisitionists.
308 The President or a member of the Executive Committee acting in his stead shall call a general meeting within twenty-one (21) days after the delivery of the requisition.
309 Failure of the President to convene a general meeting with twenty-one (21) days after the delivery of the requisition may result in the requisitionists, or a majority of them convening a general meeting to be held within four (4) months after the date of the delivery of the requisition.
310 A general meeting convened by the requisitionists, shall be convened in the same manner, as nearly as possible, as general meetings are convened by the directors.
BY-LAW 4 – PROCEEDINGS AT GENERAL MEETINGS
400 Special business of the Society shall be considered to be
a) All business at an extra-ordinary general meeting except the rules of order, and
b) All business transacted at an Annual General Meeting, except:
· the rules of order,
· the consideration of the financial statements,
· the report of the directors,
· other business as, under these By-Laws, ought to be transacted at an annual meeting, or business which is brought under consideration by the report of the directors issued with the notice convening the meeting.
401 Unless a quorum is present at a general meeting, no business other than the adjournment or termination of the meeting shall be conducted.
402 If during a general meeting there ceases to be a quorum present, business in progress shall be suspended until a quorum is again present or until the meeting is adjourned or terminated.
403 For the purpose of these By-Laws, a quorum consists of at least 8 members, in good standing, present at a general meeting, or Annual General Meeting, exclusive of the Executive Committee.
404 In the event that sufficient members, in good standing, are not present at a general meeting within one-half hour from the time appointed for the meeting, or where the meeting is adjourned under sub-section 401, it shall stand adjourned for two weeks and shall be held at the same time and in the same place whether or not a quorum is present.
405 The President of the Society shall preside as Chairman of all general meetings of the Association. In his absence, the first Vice-President shall preside, or in the absence of both, another person agreed to by the group shall preside.
406 Any meeting of the Society, officers or of the Executive Committee may be adjourned to any time and from time to time such business may be transacted at such adjourned meeting as might have been transacted at the original meeting from which such adjournment took place.
407 At any Annual General Meeting, the following shall be the order of
business:
a) Roll call
b) Adoption of minutes as circulated
c) Annual reports
d) Financial report
e) Amendments to Constitution/By-Laws
f) Election of directors and officers
g) Correspondence
h) New business
i) Adjournment
BY-LAW 5 – VOTING
500 At all meetings of members of the Society, voting shall be decided by a show of hands unless the meeting decides on a ballot.
501 Voting by proxy is not permitted.
502 Each member of the Society that is in good standing during the year preceding the Annual General Meeting shall be entitled to vote, save and except as follows:
a) Each member of the Executive Committee shall be entitled to only one vote.
b) No employees of the Association shall be entitled to vote.
c) Life members shall have full voting privileges at all general meetings.
503 Meetings shall be conducted in accordance with the provisions of Roberts Rules except that where there is a conflict with the Constitution/By-Laws of the Society, the latter shall take precedence.
BY-LAW 6 – DIRECTORS AND OFFICERS
600 Subject to the provisions to the Society Act and the Constitution and By-Laws of the Society, the directors and officers shall be responsible for the managing and/or supervising the management of the affairs of the Society and may exercise any and all the powers of the Association.
601 Directors shall be subject to:
a) all laws affecting the Society;
b) these By-Laws and;
c) rules, not being inconsistent with these By-Laws, which are made from time to time by the Society in a general meeting.
602 No rule, made by the Society in a general meeting invalidates a prior act of the directors that would have been valid if that rule had not been made.
603 The Officers of the Society shall consist of the;
a) President
b) Vice-President
c) Secretary
d) Treasurer
e) Registrar
f) Risk Management Director
g) Marketing Director
h) Equipment Manager
i) Head Coach
j) Ice Convener
k) Head Referee
l) Female Hockey Director
m) Media Relations Director
n) Statistician
604 The Immediate Past President is an Officer of the Society. These two groups 603 & 604 shall be called the Executive Committee.
605 The officers of the Society shall meet prior to the first scheduled executive meeting to decide upon appointment of Division Directors. The Divisional Directors will be assigned as per the current need of the Society.
606 The Executive Committee shall retire from office at the conclusion of their two (2) year term at the Annual General Meeting when heir successors shall be elected.
607 Elections for the officers (a through n) referred to in paragraph 603 may be by nominations from the floor from the members entitled to vote present at the Annual General Meeting.
608 An election may be by acclamation; otherwise it shall be by
ballot.
609 If no successor is elected, the person previously elected or
appointed continues to hold office.
610 The holder of an office may run again for subsequent terms of
office.
611 No directors shall be appointed to more than one position, except in the case of necessity, in which case a second position may be held temporarily.
612 The Executive Committee may, at any time and from time to time, appoint a member as a director to fill a vacancy in an elected position.
613 The member so appointed holds office only until the conclusion of the next following Annual General Meeting of the Society, but is eligible for re-election at the meeting.
614 Where a member resigns his office or otherwise ceases to hold office, the Executive Committee shall appoint a member to take the place of the holder of that office.
615 No act of proceeding is invalid only by reason of there being less than the prescribed number of members in the office.
616 The members of the Society may, by special resolution, remove a member from office prior to the expiration of his term in office, and may also elect a successor to complete the term of office.
617 Nominations for vacant offices will be accepted from the floor of
the Annual General Meeting.
a) The office of the President and Vice President shall be filled from the Executive Committee members who have had at least one of the previous two (2) years on the Committee.
b) In such cases where no suitable candidate can be found the Executive Committee can choose any one from the Committee.
618 No member shall be eligible for election as an officer unless he is a member in good standing with the Society.
BY-LAW 7 – PROCEEDINGS IF THE EXECUTIVE COMMITTEE
700 The Directors may meet at times and places as they see fit, for the dispatch of business and may adjourn and otherwise regulate their meetings and proceedings.
701 A minimum of four (4) Executive Committee meetings shall be
held each playing season.
702 The Executive Committee if the Society shall meet once a month to conduct the business of the Society. The business of the Society shall include the day to day operations, control of finances in relations to expenditures of the Society and general conduct of the business of the Society.
703 At all Executive Committee meetings a quorum shall consist of six (6) Executive Committee members exclusive of the President.
704 The President shall preside as chairman at meetings if the officers and Executive Committee of the Society. In his absence the Vice-President shall preside. If neither of these are present within thirty (30) minutes of the scheduled commencement of the meeting, those present shall select one of their number to be chairman at the meeting.
705 The President may, at any time, take a mail, telephone or fax vote of the Officers on any urgent matter.
706 The President may call a meeting of the officers of the Executive Committee provided seven (7) days notice is given either in writing or orally.
707 Any three (3) Executive Committee members may request a meeting at any time, and the Secretary, in the request of the Executive Committee members shall convene a meeting of the Executive Committee provide seven (7) days notice is given orally or in writing.
708 The Directors may delegate any, but not all of their powers to the committees consisting of directors as they deem appropriate.
709 Any committee so formed shall exercise the delegated powers, conforming to any rules that may from time to time be imposed on it by the Directors and shall report every act or thing done in exercise of those powers to the earliest meeting of the Directors to be held next after it has been done.
710 The Director and the committee may meet and adjourn as they
think proper.
711 Questions arising at any meetings of the Directors and Committee of directors shall be decided by a majority of votes.
712 In cakes of an equality of votes the chairman shall have a tie
breaking vote.
713 Any motion proposed at a meeting of Officers, Executive Committee or committee of directors must be seconded and the Chairman of a meeting may move to propose a motion.
714 A motion, in writing, signed by all the Executive committee and placed with the minutes of the Executive Committee is valid and effective as if regularly passed at a meeting of Directors.
BY-LAW 8 – DUTIES OF EXECUTIVE COMMITTEE
800 The President shall:
a) Preside at all meetings of the Officers, Executive Committee and general or annual meetings of the Society.
b) Is the chief executive officer of the Society and shall supervise the other officers in the execution of their duties.
c) Have the power to suspend any player, coach, manager, association or team for unsportsmanlike conduct on or off the ice; for failure to comply with the Constitution, By-Laws and any other rules or regulations of the Society; for failure to comply with the Constitution, B-Laws of the British Columbia Amateur Hockey Association.
d) The President of the Society may approve sundry or emergency expenses under $100.00. For expenses in the excess of this amount the results of an oral or telephone poll of which at least five (5) Directors must approve, Expenses in excess of $1000.00 must be presented to the Executive Committee for approval.
801 The Vice-President shall:
a) Act as chairman of the discipline committee.
b) Perform the duties of the President during his absence and shall carry out the duties assigned to him by the President.
802 The Secretary shall:
a) Perform all general secretarial duties of the Society, including the preparation and retention of all minutes taken at meetings of the Society, its Officers and Executive Committee.
b) Give notice of meetings of the Society and Directors.
c) Perform such other duties as shall be necessary for the good and welfare of the Association.
d) In the absence of the Secretary from a meeting the directors shall appoint another person to act as Secretary of the meeting.
803 The Treasurer shall:
a) Receive on behalf of the Society, all funds, which shall then be deposited in a Chartered Bank of Canada or trust account.
b) Pay all accounts by cheque, owed by the Society. Cheques are to be signed by an two of the President, Secretary and Treasurer.
c) The Treasurer shall present at the Annual General Meeting of the Society a detailed statement of the finances as of March 31.
d) Relieve the Societies officers of all routine details and to assist in other general duties as required.
e) Ensure that bids are obtained on purchases in excess of $1000.00 and will report the results to the Executive Committee for approval by them.
804 The Registrar shall:
a) Accept all applications membership and present them to the committee for approval.
b) Issue players certificates and grants, certificates in cases where a change of residence occurs subject to the regulations of the Society.
c) Keep a register of all players in the Society, and coordinate all phases of player registration.
805 The Risk Management Director shall:
a) Be responsible to ensure that the home arena is safe for all players by conducting monthly arena safety checks.
b) Ensure that all teams have a certified safety person.
c) Receive all materials relating to risk management and distribute to appropriate individuals.
806 The Marketing Director shall:
a) Obtain sponsors for the coming year and maintain proper records regarding such.
807 The Equipment Manager shall:
a) Be responsible for organizing and coordinating the acquisition, handling storage, repairing, cleaning and inventory of equipment.
808 The Head Coach shall:
a) Promote and direct training and development of all coaches.
b) Hold coaching clinics for coaches and arrange for coaches to attend NCCP clinics and other training as appropriate.
c) Arrange clinics for players, including goalie clinics.
d) Recommend to the Executive Committee the appointment of all coaches.
e) Be available to assist the coaches when called upon,
f) Arrange meetings of coaches to promote the game of hockey.
g) Must have a NCCP Coaches Level Certificate.
h) Coordinate skill testing of all players in all divisions.
809 The Ice Convener shall:
a) Be responsible for obtaining, coordinating and scheduling of ice time.
810 The Head Referee shall:
a) Be responsible for organizing and coordinating the referees within the Society.
b) Set up an evaluation system.
c) Know the BCAHAA clinic system and report directly to the Officers and receive approval for planned activities referred to above.
811 The Female Hockey Director shall:
a) Promote the development of female hockey within the Creston Valley Hockey Association (1998).
b) Act as a spokesperson for Creston Valley Minor Hockey Association (1998) on issues pertaining to female hockey.
c) Assist in the recommendation and selection of coaches for any Creston Valley Minor Hockey Association (1998) female hockey teams.
d) Monitor the progress and needs of any Creston Valley Minor Hockey Association (1998) female teams.
812 The Media Relations Director shall:
a) Be responsible for obtaining photos and write ups from the association teams and delivering them to the media.
b) Communicate with media on all items of interest pertaining to Creston Valley Minor Hockey (1998).
813 The Statistician shall:
a) Be responsible for organizing all game sheets for all home games, whether exhibition, league, tournament, or play-offs
b) Send all home game sheets to the appropriate E.K. League director.
c) Be responsible for getting monthly stat sheets to the E.K. Rep Director at the end of each month.
814 The East Kootenay Representative (usually the President) shall:
a) Be present at each meeting of the E. K. League or the C.V.M.H.A. (1998) will be fined $50.00.
b) Be advised two weeks in advance of all out of Province games and team list submitted at the same time.
c) Approve all out of Province games to be played.
815 The Executive Committee shall:
a) Grant or refuse applications for membership as presented by the registrar.
b) Act as an advisory committee to the President in conducting the affairs of the Society.
c) Fill vacancies that may occur on the Executive Committee.
d) Rules on all Protests.
e) Suspend or expel any team, member or player refusing to accept or obey a ruling of the Executive Committee.
f) Forthwith remove from office, by a two-thirds vote, any member of the Executive Committee who is either neglectful or remiss in the performance of his responsibilities or whose conduct impairs his usefulness as a member of the executive.
g) Where warranted, re-admit any team, member or player who is under suspension.
h) Suspend or expel any team, member or player who by foul play or for unfair or unsportsmanlike conduct, either individually or collectively at any function associated with the game of hockey and under the jurisdiction of the Society, is injurious to hockey or brings discredit to the Society; for negligence in paying assessments or for persistent infringement of the rules of the Society pertaining to the game of hockey.
i) Settle all questions not provided for in these By-Laws or rules of the Society or disputes arising from league or play-off games.
816 The members at large shall carry out the duties assigned to them
by the President.
BY-LAW 9 – PROTEST PROCEDURES
900 All protests must be filed with the Society, in writing, within forty-eight (48) hours after the game. The protested club will be notified by the Society and they will have forty-eight (48) hours to file their defence in writing. On the advice of the President a meeting of the Executive Committee shall be called notifying all interested parties of the time and place of the meeting. The decision of the Executive Committee shall be final and recorded with the Society.
BY-LAW 10 – DISCIPLINE AND APPEALS
1000 The Discipline Committee:
a) Shall include the Vice-President as the chairperson and three members as appointed by the Executive Committee no later than October 1 in each year; two of the three must be present to convene the Discipline Committee. The President will not serve on the Discipline Committee.
b) The chairperson shall be responsible for documenting the decision of the Discipline Committee and presenting it to the next Executive Committee meeting.
1001 The duties of the Discipline Committee shall be:
a) To review decisions of the President made under 800 c).
b) Review and rule on recommendations by the Head Coach or Divisional Directors or other members of the Executive committee concerning discipline or suspension recommended against any team, player, team official, or Association member within seven (7) clear days of such recommendation being made in writing to the Chair of the Discipline Committee.
c) To review all misconduct penalties (ten minute, game, gross and match) assessed players and team officials of the Society and to suspend and/or take disciplinary action that may be deemed necessary against such individuals.
1002 The Appeal Procedure shall be:
a) All such decisions of the Discipline Committee may be appealed to the Executive Committee excluding the President and the Discipline Committee of the Association by the members so affected within seven (7) days of the notification of the decision of the Discipline Committee.
b) Notice of the Appeal shall be in writing and delivered to the Society in the Mandatory time period for appeal referred to in paragraph 1002 (a) and shall be accompanied by a non-refundable cash fee or certified cheque of $100.00
c) The Society shall notify the member concerned of a date and time whereby he may present the appeal;
d) The attendance of a member at a hearing before the Executive Committee is encouraged but not mandatory. The case may be presented in written form or orally, provided the time limitations aforesaid are subscribed to.
e) The decision of the Executive Committee is final and binding on all parties thereto referred.
BY-LAW 11 – AMENDMENTS – CONSTITUTION AND/OR BY-LAWS
1100 The Constitution and/or By-Laws of the Society shall not be altered or added to except by the special resolution at the Annual General Meeting of the Society.
1101 Proposed amendments to the Constitution and/or By-Laws must be received by the Society no later than March 1st each year.
1102 A notice of not less than fourteen (14) days prior to the date of the meeting shall be mailed and published in the local Newspaper(s) specifying the intention to propose amendments to the Constitution and/or By-Laws of the Society.
1103 Notice of proposed amendments to either the Constitution and/or By-Laws shall be made available to every member of the Society in good standing at the Annual General Meeting.
1104 The majority required to pass a special resolution shall be 75% of the members in good standing present at the Annual General Meeting.
BY-LAW 12 – NOTICE TO MEMBERS
1200 A notice may be given to a member, either personally or by mail to him at his registered address. A notice sent by mail shall be deemed to have been given on the second day following that on which the notice is posted and in providing that notice has been given it is sufficient to prove the notice was properly addressed and put in a Canadian post office receptacle. Notice of a general meeting shell be given to ever member shown on the registrar of members on the day notice is given and the auditor, no other person is entitle to receive a notice of general meeting.
BY-LAW 13 – FINANCE AND BANKING
1300 The finances of the Society shall be under the control of the
Executive Committee.
1301 A current operating account shall be maintained in a Canadian Chartered bank or trust account as designated by the Officers. All current operating receipts received shall be deposited in this account from which normal operating expenses shall be paid by cheque.
1302 The Treasurer shall be present a financial report to the Officers
monthly meeting, for approval.
1303 Notwithstanding anything here and before contained, the Treasurer shall not make any expenditure without approval from the Executive Committee.
1304 The Treasurer, with the approval of the Officers, shall maintain saving and trust accounts as may be required by the Society.
1305 The Officers shall ensure all conditions of deposit have been adhered to and shall approve all expenditures or withdrawals relating to savings and trust accounts.
1306 The Treasurer, with the approval of the Officers shall be empowered to invest any excess funds of the Society in securities designated by the Trustees Act.
1307 The Officers shall, at their discretion, have the power to borrow monies with or without security subject to the Societies Act.
1308 The fiscal year of the Society shall be from April 1 to March 31.
1309 At the Annual General Meeting of the Society, members in good standing shall be provided with a statement of receipts and disbursement and statement of any surplus for the period.
BY – LAW 14 – SEAL
1400 The corporate seal of the Society shall be circular disc inscribed therein with the words, “CRESTON VALLEY MINOR HOCKEY ASSOCIATION (1998)”.
1401 The seal shall remain in the custody and shall not be affixed to any instrument or any description except by the authority of a motion of the officers and in the presence of the Executive Committee.
BY – LAW 15 - SECURITY
1500 The Society may require any director to give such security as may from time to time be deemed sufficient by the Society to the faithful discharge of his duties subject to the Societies Act.
BY – LAW 16 – BOOKS OF ACCOUNT
1600 The books of account, records and minutes of the Society shall be retained and open for inspection by the members during such times as the Officers shall designate.
