Club Constitution And By-laws Of the Milton Skating Club
Central Ontario Section
Revised and Approved September 24th, 2012
Constitution Of The Milton Skating Club
Article 1. NAME OF CLUB
The name of the Club shall be the Milton Skating Club hereinafter called the Club.
Article 2. SKATE CANADA
a) A not-for-profit figure skating or skating club, or the figure skating or skating section of a not-for- profit club, that is a member of Skate Canada and is managed by a volunteer board of directors for the general purpose of providing Skate Canada figure skating or skating programs for Skate Canada members [Skate Canada By-law 1100 (3)].
b) The Club shall pay such fees and such other charges as shall be required of clubs from time to time by Skate Canada. [Skate Canada By-law 1201 (1) (c) (ii), 1201 (1) (c) (viii) and 1201 (1) (c) (ix)]
c) The Club shall abide by all Skate Canada By-laws, rules and regulations as per Skate Canada By-law 1201 (1) (c) (iv).
d) The Club is located in the Central Ontario Section of Skate Canada
Article 3. PURPOSE
a) The purpose of the club shall be to encourage the instruction, practice, enjoyment and advancement of its members in all aspects of skating in accordance with the rules, policies, and procedures of Skate Canada.
b) The Club must be administered by eligible persons and members in good standing of the club and be associate members of Skate Canada. [By-law 1201 (1) (c) (ii)]
c) The Club shall protect the eligibility status of its members. The Club shall not take or omit any action that would knowingly jeopardize the eligible status of its members.
Article 4. BY-LAWS
The By-laws, appended to this Constitution, shall describe the organization and functions of the club, and the means by which members of the club may elect the Club Board of Directors and control the property and activities of the Club.
The Rules and Regulations of Skate Canada and those of the Section in which the club operates shall take precedence over any Club By-laws. [Skate Canada By-law 1201 (2) (c) (i)]
c) Any By-law contrary to the Rules of Skate Canada and those of the Section shall be invalid. It is acknowledged that any provincial statute governing a Club has precedence over any inconsistent Skate Canada by-law relating to the club. [Skate Canada By-law 1201 (2) (c) (i)]
BY-LAWS OF THE MILTON SKATING CLUB
Membership in the Club shall be open to all, irrespective of sex, age, creed or colour.
All members shall uphold, observe and conform to the rules of Skate Canada, the by-laws of the Club and such regulations as set forth from time to time by the Board of Directors of the Club
All members, except ‘Special’ members (normally parents) must be registered as either Associate Members or Restricted Members of Skate Canada in accordance with Skate Canada By-law 1201 (1) (c) (ix), 1202 (1) (a) and Rule 2101.
To be considered in good standing, all members of the Club must pay Club fees as stipulated by the Club Board of Directors. Members will not be permitted to take part in any Club activities if these fees are not paid within thirty (30) days of the date set for payment. Members in arrears shall be considered as having terminated their membership.
Fees, skating rules and skating hours shall be as the Board of Directors decides from time to time. Club membership shall commence on the first day of Skate Canada Skating year, 1 September or the date that the fees are paid (whichever is the latter) and terminate on the last day of Skate Canada year, 31 August.
The Board of Directors may, by written notice, terminate membership of a member for acting contrary to the Rules and Regulations of Skate Canada or the Club. The Board of Directors shall give to the individual a written explanation for the termination of membership on request. The individual, if he or she desires, shall have the right of appeal to the Board of Directors and to a General Meeting of Members. (Skate Canada By-law 1204)
The classes of membership, eligibility and privileges shall be as follows:
Individual membership: Non-skating members who have paid the fees as set by the club and are associate Members of Skate Canada. Individual members of legal age of 18 shall be entitled to one vote.
Active Membership: All eligible skaters who participate in a Club Skating Program and who have paid the fees as set by the club and are Associate Members of Skate Canada. All Active Members of the legal age of 18 have one vote each. (Underage Active Members have no vote but may be represented by Special Members) Note that if rights and privileges differ between Skating Programs, this differentiation must be clearly specified.
Special Membership: Parent or guardian of legally underage Active Members who have paid the fees as set by the club and are Associate Members of Skate Canada.
Partial Membership: All eligible skaters who are Associate Member of Restricted Member of Skate Canada through another HOME club and have paid a reduced fee as set by the club.
Honorary Membership: The Annual Meeting of members may elect any person as Honorary Member of the club. An Honorary Member shall be exempt from CLUB DUES (but not Skate Canada dues) and shall not have interests in the assets of the Club.
Restricted Membership: A restricted member is an individual who is a paid employee (of the club, Section, or Association), a non-active coach, a performing professional skater or a professional dance partner. A restricted member is not permitted to hold elected office, may not vote at meetings, is not permitted to compete in competitions, and is not permitted to officiate at tests or competitions.
The Club shall not be responsible for any damages, injury, or loss of property to any member, guest or visitor to the Club regardless of the reason or nature of such damage, loss or injury; and further, every member, guest or visitor shall use the Club facilities at his or her own risk. The Club shall participate in the Skate Canada Club Liability and Member Accident Insurance programs [Skate Canada By-law 1201 (1) (c) (viii)].
The members of the Board of Directors, members and Chairs of committees, and the Club Delegate to Skate Canada must be members in good standing of the Club, be registered as Associate Members of Skate Canada, be of legal age, and be eligible persons (with the exception of the Coaching Representative) as defined by Skate Canada Rules.
The general management of the club shall be vested in a Board of Directors consisting of: immediate Past President, President, Vice-president, Secretary, Treasurer, seven Directors at large and a Coaching Representative. All of the above, with the exception of the Past President and the Coaching Representative shall be elected for 2 year terms at the Annual General Meeting. The Coaching Representative shall be elected annually by and from within the coaches of the club. The Past President shall be ex-officio and shall hold office until a new President has been duly elected.
The coaching representative shall be elected as per Skate Canada by-laws.
The Board of Directors shall hold office until the close of the meeting at which their successors have been duly elected. Any member of the Board of Directors may be removed by the members by a 2/3 majority vote at a Special General Meeting duly called for that purpose.
A quorum of the Board of Directors shall consist of 50% plus 1 members of the Board of Directors, including the Chair. NOTE: Questions arising at any meeting of the Board of Directors shall be decided by a majority of votes. The meeting chair may vote only when the vote would change the result. Therefore the chair may vote to break a tie, and thus pass the motion, or to create a tie, and thus defeat a motion. A majority of the Board of Directors shall form a quorum. [Skate Canada By-law 1420 (5)]
Casual vacancy occurring in the Board of Directors may be filled by members appointed through a majority vote of the Executive, or in the case of the Coaching Representative, by the coaching staff.
If a Board of Directors member is absent for more than three (3) consecutive scheduled Executive meetings, without good cause and/or without prior notification to the President or Secretary, then that office may be declared vacant by the majority vote of the Board of Directors.
The President shall act as Chair of all executive/general meetings. In his/her absence, the Vice-President will fill this duty.
The Treasurer shall be responsible for al the safe control of all club funds, for preparing and submitting to the Board of Directors an annual budget and keeping such records as are required for audit. Any two of the President, the Vice-President and the Treasurer shall sign all cheques and legal documents.
The Secretary shall deal with all correspondence subject to the approval of the President or his/her delegate, shall issue all notices for executive and general meetings, shall take minutes at all meetings, and shall be responsible for submitting to Skate Canada and the Section such reports as are required by Skate Canada rules and other regulations.
The President shall be an ex-officio member of all committees
The President shall appoint standing committee Chairs whom shall look after duties assigned to them. Committees and or Committee Chair positions shall be reviewed and adjusted as necessary yearly. All Committee Chairs must submit the names of their committee members to the President for approval.
All Club Board of Directors and members of committees shall be eligible persons and shall be of legal age (18 years). They must be members in good standing and be Associate Members of the Association. [Skate Canada By-law 1201 (1) (c) (ii)].
Rules of order for all meetings, General and Executive, shall be as outlined in Roberts Rules of Order in all cases in which they are applicable and consistent with the by-laws or special rules of the Association. (Skate Canada By-law 1603)
The Club Delegate to Skate Canada or alternate shall be appointed by the Executive. The Delegate need not be a member of the Executive. Skate Canada National Office shall be advised of the appointed delegate’s name. [(Skate Canada By-law 1305 (1) (a), (b), and Skate Canada By-laws 1306 (2) (a) and (b)].
An Annual Meeting shall be held within sixty (60) days of the close of the skating season. Other general meetings may be held form time to time upon the request of the Board of Directors or upon written request of thirty (30) per cent of the Club Members. A quorum for an Annual General Meeting shall be five (5) per cent of the eligible-voting members. Skate Canada By-law 1201 (1) (c) (i)] requires that each club hold an annual meeting.
Written notice of all Annual General Meeting and Special Meetings shall be provided 10 days in advance to each eligible-voting member. The notice shall include the time and place of the meeting, the agenda, full details of any proposed amendments to these By-laws, and a complete list of the candidates nominated for election.
Voting on Club elections shall be by secret ballot and a simple majority shall elect a candidate. Voting on other matters may be by show of hands.
Voting for club elections or on any matters pertaining to skating shall be restricted to eligible club members who are registered as Associate Member of Skate Canada and are 18 years of age, to the club coaching representative(s) and to special members of the club voting on behalf of their underage children (who are members of the club and registered as an Associate Member of Skate Canada). Special Members shall be restricted to one vote per child registered through the club.
The order of business at an Annual General Meeting of the Club shall be as follows:
Reading of the Notice of Meeting
Minutes of the preceding General/Special meeting
Confirmation of the actions taken by the Board of Directors
Treasurer’s Report (Annual Financial Statement)
Election of Board of Directors
Amendments to the Constitution and By-laws
Appointment of Auditors (as applicable)
Any member of the club, in good standing, may propose an amendment to the Constitution or by-laws of the club. This proposal must be submitted in writing to the Board of Directors of the club. The proposed amendment will be presented to the Annual General Meeting or Special Meeting. All amendments must be submitted at least twenty-one (21) days before the respective meeting. No amendment to the Constitution or By-laws of the Club shall be accepted from the floor at any meeting.
By-laws may be enacted or amended by a majority vote of the Board of Directors whenever required. Such by-laws or amendments must be presented at the next General Meeting for ratification. If they fail to be ratified, they will cease to be effective and may not be re-enacted by the Executive for one calendar year.
Any amendment, to be accepted or ratified must pass by a vote of 2/3 of those eligible to vote and present at an Annual or General Meeting of the Club
All amendments become effective immediately following the Annual General Meeting if they are passed unless the motion of the amendment specifies otherwise. All such amendments shall be submitted to the Skate Canada National Office. Skate Canada reserves the right of refusal of any amendment. Such refusal shall only be made if the intent of such amendment is to violate, in principle or spirit, any Skate Canada rule and/or By-law.
The Treasurer shall deposit all funds in such banks or other institutions as may be designated by the Board of Directors.
All disbursements of club funds shall be by cheque or other auditable document.
An Auditor designated by the Board of Directors shall make an audit of the financial transactions of the club each year and the audited statement shall be made available to the membership of the club.
In the event the club ceases to exist, net assets from liquidation shall be distributed as determined by membership at the time
Nominations may be made by any member in good standing by a written submission to the Board of Directors at least 3 days before the Annual Meeting. Each nominee must indicate acceptance in writing prior to the commencement of elections. Nominations from the floor at the Annual Meeting will not be accepted.