Part B – Branch and Local Section Governance

1. Limitation

  1. Every Branch and local Section shall operate in compliance with Part A of this Sections Regulation, the Section terms of reference, and all bylaws, regulations, policies and procedures adopted by the Branch.
  2. Every Branch and local Section in a Branch that does not adopt regulations, policies or procedures to govern Sections shall also operate in compliance with Part B of this Sections Regulation.

2. Branch Section Executive

  1. A Branch Section Executive Committee, responsible to the Branch Executive and the Branch Section members, administers the Branch Section.
  2. The Executive Committee consists of:
    1. The Chair of the Branch Section
    2. Any additional officers authorized by the Branch Executive
    3. Any additional named positions or members-atlarge authorized by the Branch Executive to assist with the administration of the Section.
  3. Only Section members are eligible to serve on the Executive Committee.
  4. The Branch Section Executive Committee may designate one or more member-at-large position to be held by a Student member of the Association who is a Section member. Student members-at-large have the same voting rights as the other members-at-large on the Executive Committee.
  5. The limitation in paragraph 2(4) does not apply to the Law Students Section.

3. Officer Duties

The duties of the Officers are:

  1. Chair – presides at the meetings of the Branch Section; oversees all activities of the Section; and exercises any other powers and duties usually associated with the office.
  2. Vice Chair – assists the Chair in the performance of the responsibilities of that office, acts for the Chair in the Chair’s absence or inability to act, and performs any other duties that the Chair designates.
  3. Secretary – takes minutes of the business conducted at any meeting of the Branch Section, the Officers and the Executive Committee, and performs any other duties that the Chair designates.
  4. Immediate Past Chair – assists the Chair and the Vice Chair in the performance of their duties as they may request.

4. Executive Committee Duties

  1. The Executive Committee initiates and is responsible for Branch Section activities, liaises with the corresponding National Section as appropriate, and ensures that the Executive Committee, the Branch Section and all of its activities comply with this Regulation.
  2. The Executive Committee is expected to attend Branch Section meetings and any Section orientation programs presented by the Branch to which they are invited.

5. Term of Office

  1. The term of office for each position on the Executive Committee is one year.
  2. Unless authorized by the Branch Executive, no person is eligible to serve on the Branch Section Executive Committee:
    1. in any office for more than one consecutive year; or
    2. for more than six consecutive years.
  3. The term of office commences on September 1 and terminates on August 31 the following year.
  4. No person may be Chair of more than one Branch Section at the same time unless authorized by the Branch Executive.

6. Nominations and Elections

  1. The Branch Executive Director will notify each Branch Section member about the Branch Section Executive Committee positions open for nomination in the coming year and the requirements and method for nomination.
  2. Only Branch Section members in good standing are eligible to stand for nomination.
  3. The Executive Committee may establish a Nominating Committee consisting of a number of Executive Committee members to oversee the nominations and make reasonable efforts to ensure that there are sufficient candidates.
  4. Nominations open no later than May 1.
  5. Nominations close no earlier than 30 days after nominations open. Nominations will not be accepted following the close of nominations.
  6. All nominations received from Section members that meet the requirements in the call for nominations are included in the list of candidates for the relevant position.
  7. The Branch Executive may determine the form of election and the electors.
  8. Where the Branch Section members are the electors, the election is conducted by ballot under the following rules:
    1. If more than one nomination for a vacant position is received, an election will be conducted for that position.
    2. Ballots will be distributed to Branch Section members along with information about each candidate.
    3. Ballots may be sent and returned by mail, electronic means or hand.
    4. The date for return of ballots is at least 15 days from the date they are sent.
    5. Proxies are not permitted in any election.
    6. Only ballots received by the date specified in the ballot will be counted.
    7. he candidate with the greatest number of votes for a position is elected for that position. In the case of a tie, the Immediate Past Chair (or other Officer determined by the Executive Committee before the election) casts the deciding vote.
    8. Elections will be completed by June 30.
    9. The Branch Executive Director will notify Section Members of the outcome of the election by July 15.
  9. If a date referred to in this article falls on a Saturday, Sunday or statutory holiday, the date is the first following business day.

7. Representation

The Branch Executive and Branch Section Executive Committee will strive to ensure that the Branch Section Executive Committee represents the diversity of the legal profession and the demographics and regional composition of the Branch Section’s membership. A Section may establish additional criteria to meet its unique needs, subject to approval by the Branch Executive.

8. Office Vacancy

  1. If the position of the Chair becomes vacant for any reason, it will be filled by the Vice Chair. If the Vice Chair is unable to become the Chair, the remaining Executive Committee members may appoint another member of the Executive Committee to fill the vacant Chair position. If the other Executive Committee members are unable to become Chair, the Branch Executive Director will notify each Branch Section member of the vacancy and call for nominations.
  2. Where any other Executive Committee position becomes vacant for any reason, the remaining Executive Committee members may determine by majority vote to fill that position or leave it vacant. If the Executive Committee decides to fill the vacancy, a candidate will be elected by a majority vote of the remaining Executive Committee members.
  3. An Executive Committee member so elected serves until the end of that fiscal year. If the Executive Committee member is elected on or before six months after the first day of the fiscal year, the period from the election to the end of the fiscal year counts as one year in determining the term of office under article 7.

9. Removal from Executive

  1. An Executive Committee member whose membership in the Association or the Section lapses will cease to be a Branch Section Executive Member, cannot attend any Section or Branch Section Executive meeting or Section activity or event, and is not eligible to run in Section elections until their membership is reinstated.
  2. An Executive Committee member who misses three consecutive Executive Committee meetings or all the Executive Committee meetings in a six month period (whichever is shorter) ceases to be a Section Executive member. The remaining Executive Committee members may, by motion, excuse the absence and continue the Executive Committee member’s term. The Executive Committee will give prior notice of the motion to the Branch Executive.
  3. The Branch Executive may remove any Executive Committee member pursuant to the procedures established under the Branch Bylaws, Regulations and policies and the CBA Principles of Conduct.

10. Executive Committee Meetings

  1. The Executive Committee meets at least four times a year, or at another frequency determined by the Branch, at the call of the Chair.
  2. The Executive Committee may meet in person, by means of a telephonic, electronic or other communications facility that permits all persons participating in the meeting to communicate adequately with each other (if the Association makes that communications facility available) , or a combination thereof.
  3. Notice of the time, place, and general purpose of a meeting will be sent to each Executive Committee member at least five business days before the meeting. In the event of an emergency, notice may be sent one business day before the meeting. The notice period can be waived on agreement of all Executive Committee members.
  4. The Executive Committee may invite Section members and Affiliates to attend Executive Committee meetings as guests from time to time, subject to applicable Branch policies and procedures.

11. Executive Quorum

A majority of the Executive Committee members constitutes a quorum for the conduct of business at any Executive Committee meeting. Business conducted at a meeting without quorum will be presented to the next Executive meeting for further discussion and for ratification.

12. Executive Decisions

The Executive Committee will make efforts to achieve consensus on its decisions. If consensus cannot be achieved, decisions shall be by majority vote of the Executive Committee members present at a meeting. The presiding Executive Committee member does not vote except in the case of a tie, to cast the deciding vote.

13. Executive Agenda

The agenda of an Executive Committee meeting consists of matters that the Chair determines and that any Executive Committee member requests the Chair to include.

14. Annual Meeting

  1. The Branch Executive may authorize the Branch Section to hold an annual meeting. The Chair will report on Branch Section and Executive Committee activities in the past year.
  2. Notice of the time, place and general purpose of an annual meeting will be given to the Branch Section Members at least 21 days before the meeting

15. Committees

  1. The Executive Committee may establish Committees with an ongoing or ad hoc mandate as deemed necessary and desirable to promote the purpose and goals of the Section or to assist the Executive Committee in the orderly management of the affairs of the Section.
  2. Committees of the Section:
    1. are comprised only of Section Members and Affiliates;
    2. are chaired or co-chaired by an Executive Committee Member
    3. report to and are accountable to the Executive Committee;
    4. are subject to rules the Executive Committee sets for them;
    5. supply any information the Executive Committee requests of them, in the time the Executive requests.
  3. Committee members are appointed for a term of one year, which may be renewed.

16. Conduct of Meetings

Meetings are conducted in accordance with Robert’s Rules of Order and will be consistent with the Bylaws, Regulations and policies of the Association and the Branch, and the CBA Principles of Conduct. 

17. Amendments

  1. The Executive Committee may propose an amendment or exemption to any of the rules in Part B applicable to its Branch Section at a meeting of the Executive Committee by a majority vote of the Executive Committee present and voting. The proposed amendment or exemption becomes effective on approval by the Branch Executive.
  2. The Executive Committee must propose the amendment or exemption in writing to the Branch Executive, setting out the reasons for the change. If the Branch Executive approves the proposed amendment or exemption with changes, the amendment or exemption as changed become effective once the Executive Committee agrees to the amendments as changed.