Nipissing Libertarians CA Constitution and By-laws

Constitution

(As approved on March 28, 2022)

Article 1 – Name

The name of the organization shall be “Nipissing Libertarians Constituency Association” (“Association”).

Article 2 – Purpose

The association shall be the official Constituency Association for the Ontario Libertarian Party (“Party”) in the Nipissing district (“District”).

The purpose of the Association is to:

   1. raise funds for administration costs and future election campaigns.
   2. support Party candidates in provincial election campaigns.
   3. promote membership in the Association and the Party.
   4. engage in community actions that promote libertarian values.

Article 3 – Membership

   1. The Secretary of the association shall maintain a registry of current members.
   2. To become a member, an applicant must provide a membership application to the Secretary and pay membership dues to the Treasurer. 
   3. A membership application must contain sufficient information to add them to the membership registry.
   4. The Association shall maintain bylaws regarding:
       a) membership requirements,
       b) the content of the membership registry,
       c) membership due amounts,
       d) membership dues refund policy.
   5. Only members may vote or hold office in the Association.
   6. A membership in the Association may be terminated by the secretary if the member:
       a) submits a written request to the secretary to cancel their membership,
       b) is more than eight weeks behind in their membership dues,
       c) has publicly advocated actions or policies that violate the Statement of Principles of the Party.
   7. If a membership is terminated for 5(b) or 5(c) then the secretary shall provide the member with a notification of terminations setting out the reasons for termination with 30 days.
   8. An application for re-admission by a member terminated for 3(c) shall be ratified by a majority of the Officers.

Article 4 – Officers

   1. The officers of the Association shall be a President, a Treasurer, and a Secretary.
   2. A member should not hold more than one office but may perform the duties of another office should that office be vacant.
   3. The officers shall be elected by the members at each Annual General Meeting for a one year term.
   4. An officer may resign their position by submitting a written notice of resignation and returning or transferring control of any accounts, information and property belonging to the association to their replacement or another officer of the Association.
   5. Should a vacancy be created, the remaining officers shall appoint a replacement until an election can be held at the next Annual General Meeting.
   6. The Association shall make bylaws determining the duties of the officers.

Article 5 – Committees

   1. The officers of the association may make and amend resolutions establishing committees and appointing a committee chair.
   2. The committee chairs should attend regular meetings of the association to report on their progress.
   3. A majority of officers of the association may appoint a replacement committee chair at any time.
   4. A majority of the officers of the association may dissolve a committee at any time. 

Article 6 – Meetings

   1. The officers shall hold Regular Meetings as required to perform the administration duties of the Association.
   2. A member may attend a Regular Meeting if they are a committee chair or have the permission of the president.
   3. There shall be an Annual General Meeting held at least once every 15 months. 
   4. At each Annual General Meeting, members may:
       a) nominate and elect officers of the association,
       b) nominate and elect a standing candidate, 
       c) present and vote on amendments to the Constitution and By-laws.
   5. Meetings should give members an opportunity to learn and practice following Roberts Rules of Order.
   6. Meetings may be held by online video conference or teleconference.
   7. A quorum at meetings will consist of 50% of the members present.

Article 7 – Minute Book

   1. The Secretary of the Association, or in their absence the President, shall prepare minutes of all meetings of the Association
   2. The Secretary shall keep and maintain a Minute Book that contains:
       a) the minutes of all meetings,
       b) a copy of the current constitution and bylaws,
       c) a copy of any current resolutions passed by its officers,
       d) a copy of the most recent delegate certificate and standing candidate certificate.
   3. The Association may make Bylaws regarding what information should be recorded in the minutes.

Article 8 – Financial Controls

   1. The financial records of the Association shall be kept according to generally accepted accounting principles and use the accrual method of accounting.
   2. The fiscal year of the Association shall coincide with the fiscal year required by the Election Finances Act.
   3. The Association shall maintain an operating reserve sufficient to pay its operating expenses.
   4. Funds not required for operational costs or election campaigns shall be transferred to the Party.
   5. The officers of the Association shall make and amend a Banking Resolution that determines the bank, branch location, type of bank account, signing authorities, and address where banking documents should be mailed to.
   6. The Association shall make Bylaws governing: 
       a) operating reserve requirements and their use,
       b) the authorization required to execute contracts,
       c) the authorization required to spend funds.

Article 9 – Emergencies

   1. An emergency is any event that could cause serious harm to the Association or any other individual if it is not immediately dealt with.
   2. Any officer of the Association may act unilaterally on behalf of the Association to avoid or minimize the harmful consequences of an emergency.

Article 10 – Standing Candidate

   1. A Standing Candidate must be a member of the Party but does not need to be a member of the Association.
   2. A Standing Candidate does not need to reside in the District.
   3. A Standing Candidate is not required to attend media interviews or participate in any debates.
   4. There shall be only one Standing Candidate for the Association. The Standing Candidate shall be: 
       a) The member who has been elected to the Legislature or, if none has been elected,
       b) The member who has been nominated by the Association or, if none has been nominated,
       c) The member who has been accepted by the Party for the next election.
   5. The Standing Candidate represents the Association at caucus meetings of the Party.
   6. Within seven days of a Standing Candidate being selected, the officers of the Association shall prepare a certificate confirming the member as the standing candidate for the association and providing copies of that resolution to the Party and to the Standing Candidate.
   7. The Association may make bylaws governing its Standing Candidate nomination and selection process

Article 11 – Party Delegates

   1. A Delegate must be a member of the Party but does not need to be a member of the Association.
   2. A Delegate shall act as a proxy for members of the Association wanting to vote at meetings and conventions of the Party.
   3. A Delegate shall represent the Association in meetings and conventions of the Party.
   4. Within seven days of a Delegate being elected or appointed, the officers of the Association shall prepare a certificate confirming that person as the Delegate for the Association and sending copies of that resolution to the Party and to the Delegate.
   5. The Association may make bylaws regarding the appointment or election of delegates and the reimbursement of a delegate’s expenses.

Article 12 – Amendments to Constitution and Bylaws

   1. The Constitution may be amended by a 65% super majority vote of the members present at an Annual General Meeting.
   2. Amendments to the constitution require ratification by the Party.
   3. The Bylaws may be amended by a simple majority vote of the members present at an Annual General Meeting.
   4. The officers of a corporation may make an immediate amendment to the Bylaws provided it is ratified by the members at the next Annual General Meeting.

By-laws

(As approved on March 28, 2022)

Bylaw 1 – Membership

   1. The Membership Registry shall contain the following information: Full name, Address, Phone, Email, Membership Start Date, Membership End Date.
   2. An applicant for membership in the association must:
       a) be a resident of the province of Ontario
       b) be a member in good standing with the Party
       c) substantially agree with the Statement of Principles of the Party
   2. Membership dues are $20 per year.
   3. Any officer may waive or reduce the membership dues of a member if paying those dues might cause the member financial hardship.
   4. Membership dues may be refunded at the discretion of the Treasurer.

Bylaw 2 – Duties of Officers

   1. The President is responsible for:
       a) Publicly representing the Association when dealing with the other groups and the media,
       b) Preparing the agendas for and chairing meetings,
       c) Scheduling and sending notices of meetings,
       d) Facilitating elections and counting votes at meetings.
   2. The Treasurer is responsible for:
       a) Maintaining the Associations financial records and bank account,
       b) Receiving contributions and dispersing the funds in accordance with applicable laws, constitutions, bylaws and resolutions,
       c) Providing a year end statement of account to all members of the Association,
       d) Arranging and facilitating any audits that may be required by Elections Ontario,
       e) Submitting the AR-1 financial return required by Elections Ontario.
       f) Submitting Elections Ontario A-1 Change Notifications as required.
   3. The Secretary is responsible for:
       a) Maintaining a registry of Association members,
       b) Collecting membership dues and sending membership termination notices,
       c) Recording minutes and maintaining the Minute Book,
       d) Maintaining current copies of the Constitution, Bylaws and Resolutions of the association,
   4. A simple majority of Officers shall constitute a quorum at all meetings of the executive.

Bylaw 3 – Execution of Contracts

   1. A majority vote of the officers of the Association is required to bind the Association to a contract. 
   2. If the contract involves the spending of funds, authorization from the Treasurer is required to bind the Association to the contract.
   3. Any officer may sign contracts on behalf of the Association provided they have have obtained authorization to bind the Association to the contract.

Bylaw 4 – Spending Approval

   1. A majority vote of the officers of the Association, one of which must be the Treasurer, is required to authorize the spending of funds belonging to the Association.
   2. An budget approved by a majority of the officers shall be considered sufficient authorization for the Treasurer to spend funds.

Bylaw 5 – Notices

   1. Members shall get 30 days notice of an Annual General Meeting.
   2. Officers shall get 24 hours notice of a regular business meeting.
   3. Notices may be delivered by mail, by phone, in person, or by electronic message.

Bylaw 6 – Election of Executive Officers

   1. Any member of the Association may be nominated for any officer position.
   2. Any member nominated must either accept or decline the nomination.
   3. Elections shall be conducted by show of hands or by secret ballot, at the discretion of the outgoing president of the Association.
   4. An outgoing officer must transfer control to an incoming officer within 30 days of their election.

Bylaw 7 – Election of Standing Candidate

   1. The Standing Candidate shall be chosen by a majority of the members by a secret ballot vote. 
   2. If more than two (2) members contest a position and no one receives more than 50% of the vote, then the member with the lowest number of votes will be disqualified and another election shall be held. Elections will continue to be held in this manner until a member receives more than 50% of the vote.
   3. The President, or the Treasurer if the president is a nomination contestant, shall prepare the ballots and be the vote counter and recorder.

Bylaw 8 – Selection of Delegate

   1. The officers of the Association may appoint a delegate to attend meetings and conventions of the Party and to represent and vote on behalf of members of the Association.
   2. The reasonable travel and accommodation costs of a delegate attending a convention shall be reimbursed by the association

Bylaw 9 – Campaign Materials

   1. Campaign advertising materials acquired by the Association for use in an election campaign are transferred to the certified candidate’s campaign at the start of the election period. Any unused campaign materials should be transferred back to the Association at the end of the election period.