Part A – General (applies to all National, Branch and local Sections)

1. Name

National Sections will be called the CBA “xxx” Section. Branch Sections will be called the Section name and the name of the Branch, for example, the CBA-NL “xxx” Section.

2. Purpose

The purpose of National and Branch Sections is to:

  • Respond to the needs of Section members, encouraging and facilitating wide participation and involvement by Section members
  • Organize timely, cost-effective programming and activities specific to the relevant area of law or common member interest
  • Ensure Section members are kept up-to-date on current developments in the law and Section activities
  • Develop and deliver tools, events and services in the way best suited to meet member needs
  • Participate in advocacy and public policy initiatives and consultations on issues of law and law reform within the mandate of the Association
  • Promote equality in the legal profession and the Section
  • Operate in a transparent and inclusive manner, facilitating meaningful opportunities for members to engage and participate in the Section’s committees and events
  • Encourage and support the establishment of corresponding local Sections of a Branch Section and local activities in a Branch, in accordance with Branch policies and procedures.

3. Compliance with CBA policies and procedure

  1. Every National Section shall operate in compliance with this Sections Regulation, the Section terms of reference, and with all bylaws, regulations, policies and procedures adopted by the Association.
  2. Every Branch and local Section shall operate in compliance with this Sections Regulation, the Section terms of reference, and with all bylaws, regulations, policies and procedures adopted by the Branch.

4. Collaboration

  1. All entities of a CBA Section (National, Branch or local) shall make reasonable efforts to collaborate and coordinate with each other, to share best practices and ensure that the Section operates cohesively and builds on the strength of Branch Sections, and that activities complement each other and do not duplicate in a competitive way what the Section offers at each level.
  2. Branch Sections operating in more than one Branch, where there is no corresponding National Section, shall make reasonable efforts to collaborate and coordinate with each other, to share best practices and ensure that the Sections operate cohesively and that activities complement each other and do not duplicate in a competitive way what the other Branch Sections offer.
  3. National Sections shall collaborate and coordinate with each other, and Branch Sections shall collaborate and coordinate with others in their Branch, to ensure their activities complement and do not duplicate each other in a competitive way.

5. Creation, Dissolution and Merger

  1. National Sections
    The Board of Directors may create, dissolve or merge National Sections.
    1. Creation
      A proposal to create a National Section shall be made to the Governance and Equality Committee of the Board. The proposal shall include a demonstration of the number of members interested in participating in a National Section, the name and terms of reference for any existing corresponding Branch Section, proposed name and terms of reference for the National Section, and proposed short and long term goals and activities. For Section proposals to serve a common interest other than an area of law, the proposal may define special membership criteria for the common interest group. The Governance and Equality Committee shall consider whether the objectives of the proposed Section could be met by an existing Section. The Governance and Equality Committee shall make a recommendation on the proposal to the Board.
    2. Dissolution
      The Board may dissolve a National Section on the recommendation of the Governance and Equality Committee.
      The Governance and Equality Committee may recommend dissolution of a Section where the Section has not demonstrated an appropriate level of activity for at least two consecutive years.
      he Governance and Equality Committee may consider the Section’s activities and projects, number of members involved in those activities and other measurable value to Section members, amongst other criteria.
    3. Merger
      The Board may merge National Sections with significant overlap in common interest area or substantive issues of law on the recommendation of the Governance and Equality Committee.
    4. Notice
      The Governance and Equality Committee shall give any affected Section reasonable notice of a review for creation, dissolution or merger, and give them an opportunity to make written submissions.
  2. Branch Sections
    The Branch Executive may create, dissolve or merge Branch Sections and local Sections or divisions of a Branch Section.
    1. Creation
      A proposal to create a Branch Section or a local Section or division of a Branch Section shall be made to the Branch Executive. The proposal shall include a demonstration of the number of members interested in participating in a Branch Section, the name and terms of reference for any existing corresponding National or Branch Section, proposed name and terms of reference for the Branch Section, and proposed short and long term goals and activities. For Branch Section proposals to serve a common interest other than an area of law, the proposal may define special membership criteria for the common interest group. The Branch Executive shall consider whether the objectives of the proposed Branch Section could be met by an existing Branch Section.
    2. Member Service Throughout a Branch
      The Branch Executive may create more than one Branch Section with the same name to operate in different areas of the Branch (for example, CBA-SK South “xxx” Section), or may create local Sections or divisions of a Branch Section (for example, CBA-NS “xxx” Section, Lunenburg).
    3. Dissolution
      The Branch Executive may dissolve a Branch or local Section where the Section has not demonstrated an appropriate level of activity for at least two consecutive years or in accordance with criteria that may be established by the Branch Executive.
    4. Merger
      The Branch Executive may merge Branch or local Sections with significant overlap in common interest area or substantive issues of law.
    5. Notice
      The Branch Executive shall give any affected Section reasonable notice of a review for creation, dissolution or merger, and give them an opportunity to make written submissions.
  3. Consultation
    1. Before creating a new Section, the Board or Branch Executive shall consult with other CBA entities with a Section serving that area of law or common member interest, with a view to determining how best to meet member needs and (if member needs are best met by creating a Section) to establishing a common name, terms of reference and (for Sections serving a common interest other than an area of law) special membership criteria.
    2. The Board and Branch Executives shall consult amongst themselves to ensure that their criteria for creation, dissolution and merger do not conflict.
    3. The Chief Executive Officer and Branch Executive Directors shall inform the Management Team of the creation of a new Section in their respective jurisdictions.

6. Section Membership

  1. Any member in good standing of the Association who meets the membership criteria defined for a Section is eligible for membership in that Section.
  2. Subject to the rights of their Association membership category, Section members have the right to attend meetings and participate in the activities of the Section, to have a deliberative voice, to vote, to hold office, and to propose and second resolutions. 
  3. Section members who are not eligible for membership in a Branch have the right to attend meetings and participate in the activities of corresponding Branch Sections, and to have a deliberative voice, but shall not have the right to vote, hold office, or propose or second resolutions.

7. Fees and Charges

  1. An eligible member who pays the applicable enrolment fee or Branch levy is a member of the Branch Section and the corresponding National Section.
  2. A Branch may charge Section members from another Branch who wish to receive materials or participate in a Branch Section event. The charge shall not exceed the charge a Section member resident in that Branch pays (directly or indirectly) for the same materials or event, or the cost incurred by the Branch to provide the materials or event to a Section member from another Branch.

8. Affiliates

  1. A National Section may create an Affiliate enrolment category, subject to approval by the Board.
  2. A Branch Section may create an Affiliate enrolment category, subject to approval by the Branch Executive.
  3. A person or organization interested in the area of law, interest group or practice of a National or Branch Section who is not eligible for membership in the Association and who meets the criteria for Affiliate status established for that Section by the Board (for National Sections) or the Branch Executive (for Branch Sections) may apply to be an Affiliate of the National Section or the Branch Section, for the sole purpose of participation in the activities of that Section or Branch Section.
  4. Application for affiliation is in the form and manner that the Board or Branch Executive prescribes and shall be accompanied by the full amount of prescribed fees.
  5. Regardless of whether the applicant meets the conditions for Affiliate status, the Section Executive Committee must consider, and may deny approval of, applications or renewals of Affiliate status.
  6. The Board or Branch Executive shall prescribe fees for Affiliates of a National or Branch Section respectively. National fees shall be not less than those for associate membership in the Association.
  7. An Affiliate who fails to pay the prescribed fees by the due date ceases to be an Affiliate.
  8. Affiliates have the right to attend meetings and participate in the activities only of the National or Branch Section in which they are enrolled, and have a deliberative voice therein, but shall not have the right to vote, hold office, or propose or second resolutions.
  9. Affiliates shall not have the right to take advantage of any special benefit program or preferred rate made available to Section members. Affiliates may attend regular programs of the National or Branch Section in which they are enrolled at the CBA member rate.
  10. The Section Executive Committee may invite Affiliates to Section Executive Committee meetings, subject to National and Branch policies and procedures.

9. Compensation

  1. No salary or compensation for services shall be paid to any Officer, Section Executive Committee member or member of any Section committee, except as authorized by the Board of Directors, but members may receive reimbursement of reasonable expenses incurred in the performance of their duties for or on behalf of the Section and approved in advance, in accordance with the policies of the Association.
  2. No salary or compensation for services shall be paid to any Officer, Branch Section Executive Committee member or member of any Branch Section committee, except as authorized by the Branch Executive, but members may receive reimbursement of reasonable expenses incurred in the performance of their duties for or on behalf of the Branch Section and approved in advance, in accordance with the policies of the Branch.

10. Section Funding

  1. The Association shall provide funding to National Sections to enable them to deliver national services and conduct national activities that meet member needs.
  2. The Branches shall provide funding to Branch Sections to enable them to deliver services and activities that meet member needs. 

11. Orientation

  1. The Association shall hold an orientation for representatives of National Sections each year. The Association shall inform all Section Executive members of the Bylaws, Regulations, policies and procedures, in particular this Regulation, and of their responsibility to review and understand it.
  2. Each Branch may hold an orientation for representatives of its Branch Sections each year. The Branch shall inform all Branch Section Executive members of the Bylaws, Regulations, policies and procedures of the Association and the Branch, in particular this Regulation, and of their responsibility to review and understand it.