WHEREAS National Sections are governed by the Model National Section By-law, or by Section-specific By-laws adopted in accordance with Article 57 of CBA By-law No. 1;
WHEREAS National Sections Council has considered a report dealing with notice provisions in Section By-laws;
BE IT RESOLVED THAT:
- The Model National Section By-law be amended as follows:
- Article 11(a) be repealed and replaced with:
"Any Officer or Member at Large may be removed from office for failure to properly discharge the duties of that office by majority vote of the Executive Committee. The Director of Sections shall send notice of the intention to propose removal of the Officer or Member at Large to the Executive Committee at least 30 days before the meeting. The Officer or Member at Large proposed to be removed shall be given an opportunity to make representations personally or by advocate, as the Officer or Member at Large may choose, at the meeting after the motion to remove has been put but prior to the vote. The vote shall be taken by ballot.
If the motion to remove is made at a telephone conference meeting of the Executive Committee, then the vote shall be conducted by ballot after the meeting. The ballot shall be sent by and returned to the Director of Sections by fax or email and shall specify a return date at least 15 days after the date the ballot is sent."
- Article 12 be amended by adding:
Notice
Any notice to the members required in the By-law may be given by regular mail, facsimile or e-mail or by publication in an official publication of the Section or the Association.
- Article 15 be repealed and replaced with:
Membership agenda
The agenda for business at a Section meeting consists of matters decided by the Officers and those submitted to the Secretary by any member 30 days in advance.
Matters arising within the 30 days preceding the Section meeting may be added to the agenda at the meeting. Decisions pertaining to such matters shall be subject to ratification by the Section Executive Committee following the Section meeting.
- Articles 16 and 17 be amended to clarify that notice shall be sent by the Chair.
- Article 22 be repealed and replaced with:
Officers' meetings
The Officers may meet by telephone conference at the call of the Chair. The Chair shall provide notice of the time and general purpose of the meeting to each of the Officers at least three business days prior to the meeting.
- The equivalent notice provisions in the By-laws of the Aboriginal Law, Administrative Law, Business Law, Charities and Not-for-Profit Law, Citizenship and Immigration, Civil Litigation, Competition Law, Constitutional & Human Rights Law, Criminal Justice, Environmental Law, Family Law, Health Law, Intellectual Property, Labour & Employment Law, Law Practice Management & Technology, Media & Communications Law, Military Law, and Wills, Estates & Trusts Sections be amended in accordance with the amendments to the Model National Section By-law.
Certified true copy of a resolution carried by the Council of the Canadian Bar Association at the Mid-Winter Meeting held in Moncton, N.B., February 16-17, 2002.
John D.V. Hoyles
Executive Director/Directeur exécutif