VIII Branches

42. Membership

  1. All members of the Association resident in a province or territory constitute a Branch of the Association in that jurisdiction.,
  2. Members resident in the National Capital Region or in a province or territory other than that of their call or who are members of more than one law society may elect to belong to a Branch or Branches other than, or in addition to, that of their place of residence, provided they are a member of the law society in the designated Branch. 

43. Bylaw

  1. Each Branch has, for the purposes of its organization, the same powers as the Association has with respect to its organization and the conduct of its affairs, except to the extent that those powers may be limited by or under authority of the Bylaws of the Association.
  2. Each Branch shall adopt a bylaw for the regulation of the affairs of the Branch. In the absence of a Bylaw, the Regulations relating to Branches apply.
  3. The Branch Executive Director shall send to the Chief Executive Officer of the Association a copy of the Branch Bylaw and all amendments adopted by the Branch no later than 14 days after adopted. 

44. Duties of Branch Presidents

In addition to the duties set out in the Branch Bylaw, each Branch President:

  1. assists the President of the Association in carrying on the administration of the Association in the Branch;
  2. devotes particular attention to the advancement of the Association in the Branch;
  3. is responsible for liaison between the Branch and the Association and coordination of National and Branch activities;
  4. for strictly provincial or territorial matters in the Branch, has the same rights and performs the same duties as the President of the Association;
  5. files with the Chief Executive Officer a written report on the work of the Association in the jurisdiction of that Branch by July 30 each year, and at least 30 days before an in-person Leadership Forum.

45. Action on Provincial or Territorial Matters

  1. In matters purely provincial or territorial in scope the Chair of each Branch Section, or the person designated by the Branch President, has power to take action approved by the Branch President to implement any report of or resolution passed by the Branch Section, provided the report or resolution is first approved by the Branch Council or Branch Executive.
  2. If there is any question of whether the matter in the resolution or report is purely a provincial or territorial matter as distinct from a matter affecting the Association as a whole, the Branch President will submit the matter to the President of the Association who will consult with the Board of Directors and advise the Branch President of the ruling. The ruling of the President on the advice of the Board of Directors stands until the next General Meeting of the Association, and if not reversed at the General Meeting, is binding on the Branch President and Branch Executive.

46. Branch Corporation

A Branch may transfer its property to a corporation and conduct its financially significant operations by that corporation, provided:

  1. the Board of Directors of the Association approves the draft application for incorporation;
  2. if the proposed corporation is to have share capital, all the shares are registered in the name of the Association;
  3. if the proposed corporation is to be organized without share capital, membership is limited by the charter to members of the Board of Directors of the Branch, and the charter provides that on dissolution of the corporation, its assets belong to the Association;
  4. a draft agreement between the Association and the proposed corporation is tabled and approved by the Board of Directors of the Association which provides that the corporation will not seek any amendment to its charter without Association approval, and will at all times operate in the limits of the objects and of the policies of the Association and its Branch. 

47. Cooperation with Governing Bodies

Each Branch of the Association will cooperate and work with the law society in its jurisdiction so that the public may be better served by the members of the Association.