Sections Regulation

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” Sectione.

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 equity 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. (Board, 18 Jan 2024)..

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 Equity 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 Equity Committee shall consider whether the objectives of the proposed Section could be met by an existing Section. The Governance and Equity 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 Equity Committee.
      The Governance and Equity Committee may recommend dissolution of a Section where the Section has not demonstrated an appropriate level of activity for at least two consecutive years.
      The Governance and Equity 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 Equity Committee.
   4. Notice
      The Governance and Equity 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. (Board, 18 Jan 2024)
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.

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-at-large 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. The 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.

Part C - National Section Governance

1. Limitation

Every National Section shall operate in compliance with Parts A and C of the Sections Regulation, the Section terms of reference, and all bylaws, regulations, policies and procedures adopted by the Association.

2. National Section Executive Committee

1. A Section Executive Committee, responsible to the Board of the CBA and the Section members, administers the National Section.
2. The Section Executive Committee is composed of:
   1. the Section Officers;
   2. the Chairs of each Branch Section. Where there is more than one Section Chair in a Branch, only one will be a voting member of the Section Executive Committee. The voting member will be determined by the Branch. The other chairs in that Branch will be non-voting members;
   3. up to ten voting or non-voting members-at-large as the Section Executive Committee may decide are needed to assist with the administration of the Section;
   4. where the Section Executive Committee decides, honorary members-at-large, who are past chairs of the Section, other than the Immediate Past Chair, who are Section members in good standing and who choose to participate as non-voting members of the Executive Committee.”
3. 1. The Section Executive Committee may designate one or more member-at-large positions to be held by a Section member who is eligible to be a member of the Young Lawyers Section. The Section Executive Committee may limit eligibility for young lawyer members-at-large to members who are at the Bar for a specified number of years less than 10.
   2. The Section Executive Committee may designate one or more member-at-large positions to be held by a Section member who is a Student member of the Association. Student members-at-large have the same voting rights as the other members-at-large on the Section Executive Committee.
   3. Paragraph 2(3)(a) does not apply to the Young Lawyers Section and paragraph 2(3)(b) does not apply to the Law Students Section.
4. Only Section members are eligible to serve on the Section Executive Committeee. (Board, 8 Mar 2018; Branches, 30 Apr 2018)

3. Officers

1. The Officers of the Section are the Chair, Vice Chair, Secretary and Immediate Past Chair.
2. The Section may create a fifth officer position, but can have only one Chair.
3. A Section creating a fifth officer position will denote where that position falls in the sequence of succession
4. Each Officer shall have one vote.

4. Executive Committee Duties

1. The Executive Committee manages the Section’s affairs between meetings, oversees core activities, and develops services and initiatives to meet the needs of its members.
2. The Executive Committee approves activities for the year, acts on any matters submitted to a meeting, and has full power to perform all acts and duties of, for and on behalf of the Section.
3. Executive Committee members participate in Section meetings, and attend Section orientation programs presented by the Association.

5. Officers’ Duties

1. The Officers have general oversight of the affairs of the Section, subject to decisions of the Executive Committee. The Officers have the powers and duties of the Executive Committee in the management of the Section between meetings of the Executive Committee, subject to any restrictions determined by the Executive Committee.
2. Without limiting the foregoing, the officers:
   1. plan, oversee and keep informed on the progress of all Section activities subject to the direction and approval of the Executive Committee;
   2. take minutes of all meetings of the officers, Executive Committee and Section;
   3. oversee the work of Section Committees;
   4. Create Section committees and select the chairs and members of those Section committees;
   5. implement decisions of the Executive Committee;
   6. take such action necessary to promote policies prescribed by the Association; and
   7. report to the Board of Directors as required and before each Annual Meeting of the Association on the work of the Section for the year just ending.
3. The Chair presides at meetings of the Section, the Executive Committee and the Officers.

6. Term of Office

1. The term of office for each position on the Executive Committee is one year.
2. Entry to an office of the Section is by election and, where possible, initially to the office of Secretary or first office in the sequence of succession. The Officers properly discharging the duties of that office sequentially occupy each of the offices through to Immediate Past Chair.
3. Unless authorized by the Board, no person is eligible to serve on the Executive Committee:
   1. in any office for more than one consecutive year; or
   2. for more than five consecutive years as member-at-large.
4. The term of office for Officers and members-at-large commences on September 1 and terminates on August 31 the following year.
5. No person may be Chair of more than one Section at the same time.

7. Nominations and Elections

1. The Chief Executive Officer will notify each Section member of the Section Executive Committee positions open for nomination in the coming year and the requirements and method for nomination.
2. Only 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 shall 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. If more than one nomination for a vacant position is received, an election is conducted for that position.
8. Where an election is required, it is conducted by ballot under the following rules:
   1. Ballots for officer positions will be distributed to voting members of the Executive Committee along with information about each candidate.
   2. Ballots for member-at-large positions will be distributed to officers and Branch representatives of the Executive Committee 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. The quorum is a majority of its Executive Committee members eligible to vote, excluding the Immediate Past Chair or other Officer determined by the Executive Committee to cast the deciding vote in the event of a tie.
   8. The 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.
   9. Elections will be completed by June 30.
   10. The Chief Executive Officer 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 weekend or statutory holiday, the date is the first following business day.

8. Representation

The Executive Committee will strive to ensure that the Officers and members-at-large represent the diversity of the legal profession, and the demographics and regional composition of the Section’s membership. A Section may establish additional criteria to meet its unique needs, subject to approval by the Board.

9. 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 a Section member to fill the vacant Chair position. If the other Executive Committee members are unable to become Chair, the Chief Executive Officer will notify each Section member of the vacancy and call for nominations.
2. Where any other Officer or Member-at-Large 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 is elected by a majority vote of the remaining Executive Committee members.
3. An Officer or Member-at-Large so elected serves until the end of that fiscal year. If the Officer or Member-at-Large is so 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 5.

10. Removal from Executive Committee

1. An Executive Committee member whose membership in the Association or the Section lapses will cease to be a Section Executive member, cannot attend any Section Executive meetings or Section activities, and is not eligible to run for 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 Board.
3. A Branch Section representative on the Executive Committee who is unable to attend an Executive Committee meeting may send an alternate and this shall not be considered an absence.
4. The Board may remove any Executive Committee member pursuant to the procedures established under the Bylaws, Regulations and policies of the Association, and the CBA Principles of Conduct.

11. Section Membership Meetings

1. The Section Executive Committee may convene a meeting of the Section to report on Section and Executive Committee activities, to provide an opportunity for Section member input and feedback, or to conduct any other Section business.
2. Meetings may be held in person or 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.
3. Notice of the time, place and general purpose of a meeting will be provided at least 30 days before the meeting by mail, email, web posting, or in a publication of the Section or Association that is sent to all Section members.

12. Membership Quorum

The members of the Section present and in good standing at the beginning of the meeting, which must include at least a majority of the voting members of the Section Executive Committee members, constitute quorum.

13. Executive Committee Meetings

1. The Executive Committee meets at least four times a year, 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, or a combination thereof, if the Association makes that communications facility available.
3. Notice of the time, place and general purpose of an in person meeting will be sent by the Chair to each Executive Committee member at least 30 days before the meeting. Notice of the time and general purpose a meeting not held in person shall be sent by the Chair to each Executive Committee member at least three days before the meeting. If the meeting is to be in person, any Executive Committee Member may attend the meeting by other communications facility. The notice period can be waived on agreement of a majority of the Executive Committee members.
4. The Executive Committee may invite Section members and Affiliates to attend Executive Committee meetings as guests from time to time. (Board; 8 Mar 2018)

14. Executive Committee Quorum

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

15. Executive Committee Decisions

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

16. Executive Committee 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.

17. Officers' Meetings

The Officers may meet at the call of the Chair 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. The Chair will give notice of the time and general purpose of the meeting to each of the Officers at least three business days before the meeting. The notice period can be waived on agreement of all Officers.

18. Officers' Quorum

A majority of the Officers, including at least the Chair or Vice Chair, constitutes quorum for the conduct of business.

19. 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.

20. Amendments

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

Part C, Annex 1 – National Sections Terms of Reference and Membership Criteria

Aboriginal Law

This Section deals with law and practice of Aboriginal law including federal and provincial legislation relating to aboriginal people; aboriginal and treaty rights including native land claims; constitutional reform; administration of justice; traditional aboriginal law and selected matters.

Administrative Law

This Section deals with legislation conferring judicial or rulemaking powers upon any public official and the administration thereof; the jurisdiction, procedure and organization of administrative tribunals and the practice of lawyers before those tribunals; the organization of government insofar as it affects the foregoing or the practice of lawyers; judicial review of the exercise of administrative powers.

Air and Space Law

This Section deals with law and practice affecting the ownership or operation of aircraft and matters related thereto and other matters of significance to lawyers handling air law problems.

Business Law

This Section deals with law and practice affecting business, commerce, trade, mercantile pursuits and banking.

Canadian Corporate Counsel Association (CCCA)

The Canadian Corporate Counsel Association Section (CCCA):

• provides a national forum for corporate counsel (including lawyers engaged in practice in corporations, business enterprises, associations, institutions, not-for-profit organizations, government or regulatory boards or agencies, Crown corporations or regional or municipal corporations) to develop their professional skills and careers as corporate counsel;
• promotes a better understanding of and appreciation for the professional role and function of corporate counsel;
• provides products and services to support members in their role as corporate counsel;
• facilitates networking between members;
• sponsors and endorses seminars and other meetings, produce publications, and promote communications that advance the continuing professional development of corporate counsel;
• works with other Sections and Committees of the CBA on matters of mutual concern;
• liaises with corporate counsel organizations in other jurisdictions;
• promotes CCCA and CBA membership; and
• engages in activities incidental to these purposes, except as restricted by the Bylaws, Regulations or any agreement between CCCA and CBA.

​Membership in the CCCA Section

(1)  Regular Members

An Active (Regular) Member of the CBA who: 

1. does not hold out herself or himself to the public for the practice of law; and
2. is engaged by any corporation, business enterprise, association, institution, not-for-profit organization, government or regulatory board or agency, Crown corporation or regional or municipal corporation; or
3. is currently unemployed but has in the preceding 12 months been employed by a corporation, business enterprise, association institution, not-for-profit organization, government or regulatory board or agency, Crown corporation or regional or municipal corporation
   is eligible to be a regular member of the CCCA Section (Regular Member).

(2)         Associate Members

A member of the CBA who is not eligible to be a Regular Member of the CCCA Section is eligible to be an associate member of the CCCA Section (Associate Member).

(3)         Rights of Membership 

1. Regular Members have the right to attend all meetings of the CCCA Section, to have a deliberative voice therein, to vote, to hold office and to propose and second resolutions.
2. Associate Members have the right to attend all meetings of the CCCA Section, and shall have a deliberative voice therein, but shall not have the rights to vote, to hold office, or to propose or second resolutions, except as otherwise provided in this Regulation.

Charities and Not-for-Profit Law

This Section deals with law and practice relating to the regulation and administration of charities and non-profit organizations.

Child and Youth Law

This Section coordinates and delivers professional development activities, advises, and responds to law, policy and legal research developments on matters affecting Canadian children and youth in all legal disciplines. The Section aims to increase awareness in the legal profession of the rights of children and youth and the impact of legal issues and challenges on their lives. (Board; 8 Mar 2018) 

Civil Litigation

This Section deals with:

• matters of substantive law, not of a criminal nature, and not within the work of another Section;
• the administration of civil justice in all the courts of Canada with particular reference to the jurisdiction, procedure and organization of the courts; and
• the practice of lawyers before the courts.

Commodity Tax, Customs and Trade

This Section deals with law and practice related to commodity tax, customs and trade remedy matters including, but not limited to, the goods and services or harmonized sales tax, provincial sales taxes, excise taxes, North American Free Trade Agreement, customs duties, valuation, tariff classification, rules of origin, procurement, trade remedies, import/export controls and related matters. Activities include consultation with Finance Canada, the Canada Revenue Agency, the Canada Border Services Agency, involvement in the Federal Court/Tax Court review process and Bench and Bar Committees with the Tax Court and Canadian International Trade Tribunal, as well as activities to promote the objects of the Association in this area of law. 

Competition Law and Foreign Investment Review

This Section promotes the objects of the Association in the field of competition law and foreign investment review.

The specific purposes of the Section are to:

• provide Association members with information on current legal developments in the competition and foreign investment review fields domestically and internationally;
• promote a greater awareness and understanding among members of the Association, the judiciary and the Canadian public of legal and policy issues relating to competition law and foreign investment review;
• promote ongoing consultation with the Competition Bureau, Justice Canada, the Competition Tribunal, the Investment Review Branch of Innovation, Science and Economic Development Canada, and Heritage Canada on issues relating to the administration of the Competition Act and the Investment Canada Act and on current and proposed enforcement policies and practices in relation to such legislation;
• contribute to the review of competition and foreign investment review legislation; and,
• foster relations in foreign jurisdictions with the legal profession and others interested in international competition law and and policy issues or foreign investment review, and promote cooperative educational efforts. (Board; 20 Jan 2021)

Constitutional and Human Rights Law

This Section examines all constitutional and human rights law issues, including division of legislative powers, judicial review of the Constitution, constitutional reform, the Canadian Charter of Rights and Freedoms, human rights codes and international human rights law.

Construction and Infrastructure Law

This Section examines law and practice relating to legal issues relevant to the construction industry, including infrastructure and construction project procurement, negotiation and conclusion of contracts, bonding and insurance, claims, arbitration and litigation.

Criminal Justice

This Section examines the practice of law related to the enforcement and administration of criminal law. The Section monitors and evaluates:

• federal and provincial legislation creating offences and crimes;
• the establishment, jurisdiction, procedure and organization of, and the practice of lawyers before, criminal courts in Canada; and
• any other matters relating to or impacting on the administration of the criminal justice system.

Dispute Resolution

This Section deals with the practice and promotion of various forms of alternative dispute resolution including but not limited to arbitration, collaborative law, facilitation and mediation. (Board, 27 Apr 2023)

Elder Law

This Section deals with law and practice relating to the elderly, and education to promote a greater awareness of the needs of the elderly.

Entertainment, Media and Communications Law

This Section deals with law and practice related to the media (including freedom of expression, advertising, film production and distribution, and broadcasting regulation), regulatory and other issues relating to the telecommunications industry, and art and cultural property issues in Canada. Where there is an overlap of interests on these matters, the Section works in consultation with other Sections.

Environmental, Energy and Resources Law

This Section deals with matters of legal reform, legal education and management relating to the environment, energy and natural resources.

Family Law

This Section addresses substantive and practice issues in family law and promotes the fair, effective and efficient resolution of family matters..

French Speaking Common Law Members

This Section: 

• Promotes and defends the values of bilingualism and bijuralism in the CBA as a whole;
• Keeps abreast of matters pertaining to the practice of common law in French, access to justice in French and developments in language rights in relation to the administration of justice;
• Provides strategic advice to CBA decision-making bodies on advocacy to advance the practice of common law in French, access to justice in French, and language rights in the administration of justice;
• Maintains ongoing and effective relationships, and forms partnerships and alliances as needed, to advance the practice of common law in French, access to justice in French and language rights in relation to the administration of justice, with the following stakeholders:
  • CBA branches, particularly the Quebec Branch
  • Provincial and territorial law societies
  • The Fédération des associations de juristes d’expression française de common law and its member associations
  • Federal, provincial and territorial government departments whose mandate relates to justice, official languages and La Francophonie
  • Law schools
  • The Réseau national de formation en justice and its member organizations
  • Legal information centres for Francophone communities in a minority setting
  • Other groups or organizations that may support the Section to attain its mandate;
• Promotes and raises awareness in the legal profession and the general public, on progress and challenges in the practice of common law in French and access to justice in French, and on developments in language rights;
• Works with CBA departments to ensure the CBA offers a full range of services that meet the needs of French-speaking common law members, particularly professional development and information resources. (Board; 8 Mar 2018)

Membership in the French Speaking Common Law Members Section

1.  Any French speaking member in good standing of the Association who practises common law is eligible to become a member of the Section. Any other member in good standing of the Association may be an associate member of the Section.
2. Associate members have the right to attend meetings of the Section, to participate in Section activities, and to have a deliberative voice therein, but do not have the right to vote, to hold office, or to propose and second resolutions.

Health Law

This Section deals with any aspect of the law relating to health care, institutions and professions.

Immigration Law

This Section deals with law and policy related to immigration, citizenship and protected persons. The Section's mandate is:

• to maintain a dialogue with institutions and organizations working on related issues (stakeholders);
• to provide a forum for the discussion of immigration legislation and proposed changes;
• to raise legal and policy concerns in immigration enforcement and administration in appropriate venues;
• to conduct professional development seminars; and
• to enhance the professionalism and reputation of Section members.

Stakeholders include judicial agencies, government departments, businesses and members of the public concerned with immigration, protected person and citizenship law and policy.

Insolvency Law

This Section deals with law and practice related to bankruptcy, receivership and restructuring and provides a forum for those practicing in this area of law to share and enhance professional skills in a collegial environment. Objectives include contributing to excellence in the administration of insolvency proceedings and advocating for bankruptcy reform as well as providing professional development related to this area of law.

Insurance Law

This Section deals with law and practice affecting all matters relating to insurance.

Intellectual Property

This Section deals with law and practice relating to all forms of ownership, licensing, transfer and protection of intellectual property and related property rights, including patents, trade-marks, copyright, industrial designs, plant breeders' rights, as well as trade secrets.

International Law

This Section deals with any aspect of international law, its development and application in domestic law that is of special interest to Canada, such as international environmental law, the action of United Nations and other international organizations in the field of international law, international legal conventions, international economic law and international trade and business transactions.

Judges

This Section:

• promotes the views and interests of judges;
• provides a means for judges' participation in the Association that respects judicial independence;
• provides a forum for the exchange of information and ideas amongst judges of all courts of record, and between judges and members of the bar;
• develops member services relevant to judges.

Membership in the Judges Section

1.  Any member in good standing of the Association who is a judge of any court of record in Canada is a member of the Section.

Labour and Employment Law

This Section deals with law and practice affecting labour-management relations and trade unions and their members; jurisdiction, procedure and organization of boards and tribunals dealing with labour-management relations, employment standards and the like; the establishment of and appointments to those boards and the practice of lawyers before the boards; principles and practice relating to collective agreements; and arbitration of labour disputes.

Law Students

This Section promotes the interests of law students in the Association by:

• promoting and maintaining membership of law students and articling students in the Association;
• affording opportunities to exchange professional ideas among articling students and law students from all law schools across Canada;
• sponsoring programs of particular interest to law students and articling students to advance their professional education and welfare;
• studying issues of particular interest to law students and articling students;
• raising awareness and advancing the interests of Canadian law students and articling students; and
• participating in the activities of the Association.

Membership in the Law Students Section

Any student member in good standing of the Association is a member of the Section..

Maritime Law

This Section deals with law and practice of provincial, national and international nature, affecting shipping and matters relating to shipping, the establishment, jurisdiction, procedure and organization of Canadian admiralty courts, and practice of lawyers before those courts.

Military Law

This Section deals with military law, including the military system of justice and operational law, as well as uniquely military aspects of substantive bodies of law practiced by civilians such as criminal law, tort law, intellectual property, employment and human rights law, air law, maritime law and international law.

Municipal Law

This Section deals with law and practice affecting municipal corporations and their municipal activities including taxation and rating; the effect of municipal activities on the public; the establishment, jurisdiction, procedure and organization of municipal quasi-judicial tribunals, and the practice of lawyers before them; law and practice of land use control and town planning.

Pensions and Benefits Law

This Section promotes and undertakes research, facilitates the exchange of information and ideas, organizes seminars, reviews developing legislation, standards and policy and promotes harmonization, and advocates for reform on pensions and benefits law, standards, and policy, and related matters.

Privacy and Access Law

This Section deals with domestic and international law, policy and education related to privacy and access to information. Where there is an overlap of interests concerning privacy or access to information matters, the Section works in consultation and communication with other Sections.

Public Sector Lawyers

This Section addresses the needs and concerns of Association members employed as lawyers at various levels of government or in public sector agencies. The Section:

• provides mechanisms for public sector lawyers to exchange information and ideas;
• serves as a national network to enable public sector lawyers to connect on shared issues;
• advances the understanding of the roles played by public sector lawyers;
• raises the profile of its members by ensuring public sector lawyers' interests are represented in the Association;
• brings to the Association the unique perspective of practising law in a government setting;
• serves as the national voice of public sector lawyers in the activities of the Section and the Association;
• promotes networking and delivery of programs through its Branch Sections

Real Property

This Section is concerned with the issues inherent in the ownership, devise, mortgage, lien, use, lease and other dealings with real property, including estates, uses, trusts and settlements, perpetuities, fixtures, titles, workers and mechanics liens, leaseholds, mortgages, easements and licenses, planning legislation and restrictions on use, realty taxes, registration and land titles systems, vendor and purchaser, ecological control of land and financing problems on real property security.

Sexual and Gender Diversity Alliance

This Section:

• addresses the needs and concerns of lesbian, gay, bisexual, transgendered and two-spirited members within the Association;
• provides a forum for the exchange of information, ideas and action on legal issues relating to sexual orientation and gender identity;
• encourages lesbian, gay, bisexual, transgendered and two-spirited lawyers to actively participate in the work of the Association;
• develops and provides professional development programs on legal issues relating to sexual orientation and gender identity;
• develops member services relevant to lesbian, gay, bisexual, transgendered and two-spirited members of the Association. (Board, 27 Apr 2023)

Small, Solo and General Practice

This Section is a forum for members in general practice, solo practice and small firm practice. Its objectives are:

• to recognize the role of the general practitioner, solo practitioner and small firm practitioner, and promote policies that enhance their effectiveness;
• to promote the participation of the general practitioner, solo practitioner and small firm practitioner in the Association;
• to organize professional activities and programs of interest to the general practitioner, solo practitioner and small firm practitioner, including the business of the practice of law, economics and efficiencies of practice, quality of life, and the public’s perceptions of the capacity and worth of general practitioners, solo practitioners and small firm practitioners;
• to act as the national voice of general practitioners, solo practitioners and small-firm practitioners in the framework of the regular activities of the Section and the Association.

Taxation Law

This Section deals with federal and provincial legislation imposing taxes or duties and the practice under that legislation; the establishment, jurisdiction, procedure and organization of special courts and tribunals relating to taxes and duties, and the practice of lawyers before those courts and tribunals.

Wills, Estates and Trusts

This Section deals with law and practice relating to wills, trusts, estates planning and administration, and adult mental incapacity including:

• related tax matters;
• related contentious and litigious issues;
• establishment, jurisdiction, procedure, organization, and administration of courts dealing with these matters; and
• practice of lawyers before these courts.

Women Lawyers Forums

This Section is an inclusive space for women lawyers to share experiences, build skills and advocate for change in the legal profession and Canadian society. We strive to apply a gender-informed and intersectional lens to our work.

We bring together women lawyers and law students across the country to:

• Promote women’s stature and influence in the legal profession in Canada
• Create programs and networking opportunities to support women lawyers
• Advocate for changes in the legal profession, the justice system and Canadian society to better enable and celebrate the full participation of all women. (Board, 25 Jun 2020)

Young Lawyers 

This Section promotes the interests of young lawyers and Quebec notaries in the Association by:

• playing a leadership role in the governance of the Association;
• promoting and maintaining membership of young lawyers and Quebec notaries in the Association;
• affording opportunities to exchange professional ideas among lawyers and Quebec notaries of similar age or experience;
• sponsoring programs of particular interest to young lawyers and Quebec notaries across Canada to advance their professional education and welfare;
• studying issues of particular interest to young lawyers and Quebec notaries; and
• participating in the activities of the Association.

Membership in the Young Lawyers Section

(1)  Any member in good standing of the Association who is:

1. not more than 10 years at the bar; or
2. not older than 40 years of age:
   is eligible to be a member of the Section.

(2)  Any Student member in good standing of the Association is eligible to be an associate member of the Section. Associate members have the right to attend all meetings of the Section and to have a deliberative voice therein, but do not have the rights to vote, to hold office, or to move and second resolutions.

Part C, Annex 2 – Exceptions to Address Needs of Particular National Sections

Aboriginal Law

Part C, s. 2(2)(c)
exception for Section to have an unlimited number of voting members-at-large.

Part C, s. 6(3)(b)
exception to permit a member-at-large to serve an indeterminate number of consecutive one-year term by standing for nomination and election. (Board, 21 Feb 2020)

Air and Space Law

Part C, s. 2(2)(d)
exception to include an immediate past chair who meets the criteria as an honorary member-at-large, where the Section Executive Committee decides to have honorary members-at-large. (Board, 19 Feb 2021)

Part C, s. 3
exception to permit three Officers only – the Chair, Vice Chair and Secretary. (Board; 19 Feb 2021)

Part C, s. 6(1) and (3)(a)
exception to permit two-year term of office for Officers and to permit Officers to serve two consecutive years in each office. (Board; 19 Feb 2021)

CBA Wellness Forum Section

Repealed (Board, 30 Apr 2018)

Competition Law and Foreign Investment Review

Part C, s. 3(1)
exception to continue with six Officers. Officers are Chair, First Vice Chair, Second Vice Chair, Executive Member, Secretary Treasurer, and Past Chair. (Board; 20 Jan 2021)

Part C, s. 19(2)(a) and (b)
exception to permit Competition Bureau staff to serve on Section Committees, and to permit Committee Chairs and Vice Chairs who are not on the Section Executive Committee (Board; 20 Jan 2021)

Construction and Infrastructure Law

Part C, s. 2(2)(d)
exception to include an immediate past chair who meets the criteria as an honorary member-at-large, where the Section Executive Committee decides to have honorary members-at-large. (Board, 19 Feb 2021)

Part C, s. 3
exception to permit three Officers only – the Chair, Vice Chair and Secretary. (Board; 19 Feb 2021)

Part C, s. 6(1) and (3)(a)
exception to permit two-year term of office for Officers and to permit Officers to serve two consecutive years in each office. (Board; 19 Feb 2021)

Immigration Law

Part C, s. 2(2)
exception to add two senior advisors appointed by the Officers as voting members of the Section Executive Committee. (Board; 8 Mar 2018)

Part C, s. 3(3) and s. 6(3)
exception to elect a Vice Chair, Refugees and Litigation as a fifth officer, which office will not fall in the sequence of succession. A Section member is eligible to serve as Vice Chair, Refugees and Litigation for up to four consecutive years. (Board, 8 Sep 2023)

Law Students

Part C, s. 2(2)
exception to have members-at-large on the Executive Committee composed of:

• up to ten non-voting articling or law students, representative of the geographic regions of Canada; and
• one non-voting representative from each recognized Canadian law school, who shall be the law school representative or ambassador designated by the Branch at the law schools in the Branch. (Board, 21 Feb 2020; Branches, 5 Jun 2020.)

Part C, s. 6(2)
two exceptions

• to permit all officers except Immediate Past Chair to be elected each year, with no succession from year to year.
• to exempt Immediate Past Chair from being a member of the Section.

Taxation Law

Part C, s. 6(1)
exception to have two-year term of office for Officers.

Part D – CBA Canadian Corporate Counsel Association Section

1. Limitation

The CBA Canadian Corporate Counsel Association Section shall operate in compliance with Parts A and D of the Sections Regulation, the Section terms of reference, and all bylaws, regulations, policies and procedures adopted by the Association.

2. Terms of Reference

The Canadian Corporate Counsel Association Section (CCCA):

• provides a national forum for corporate counsel (including lawyers engaged in practice in corporations, business enterprises, associations, institutions, not-for-profit organizations, government or regulatory boards or agencies, Crown corporations or regional or municipal corporations) to develop their professional skills and careers as corporate counsel;
• promotes a better understanding of and appreciation for the professional role and function of corporate counsel;
• provides products and services to support members in their role as corporate counsel;
• facilitates networking between members;
• sponsors and endorses seminars and other meetings, produce publications, and promote communications that advance the continuing professional development of corporate counsel;
• works with other Sections and Committees of the CBA on matters of mutual concern;
• liaises with corporate counsel organizations in other jurisdictions;
• promotes CCCA and CBA membership; and
• engages in activities incidental to these purposes, except as restricted by the Bylaws, Regulations or any agreement between CCCA and CBA.

3. Membership in the CCCA Section

1. Regular Members
   ​An Active Member of the CBA who:
   1. does not hold out herself or himself to the public for the practice of law; and
   2. is engaged by any corporation, business enterprise, association, institution, not-for-profit organization, government or regulatory board or agency, Crown corporation or regional or municipal corporation; or
   3. is currently unemployed but has in the preceding 12 months been employed by a corporation, business enterprise, association institution, not-for-profit organization, government or regulatory board or agency, Crown corporation or regional or municipal corporation
   is eligible to be a regular member of the CCCA Section (Regular Member).
2. Associate Members A member of the CBA who is not eligible to be a Regular Member of the CCCA Section is eligible to be an associate member of the CCCA Section (Associate Member).
3. Rights of Membership
   1. Regular Members have the right to attend all meetings of the CCCA Section, to have a deliberative voice therein, to vote, to hold office and to propose and second resolutions.
   2. Associate Members have the right to attend all meetings of the CCCA Section, and shall have a deliberative voice therein, but shall not have the rights to vote, to hold office, or to propose or second resolutions, except as otherwise provided in this Regulation.

4. National Section Executive Committee

1. A Section Executive Committee, responsible to the Board of the CBA and the Section members, shall administer the National Section.
2. The Section Executive Committee is composed of:
   1. the Section Officers;
   2. one voting representative from each Branch Section, selected by the Branch, who is interested in inter-jurisdictional work of the Section. Where there is more than one Section in a Branch, there will be only one representative from the Branch;
   3. up to ten voting or non-voting members-at-large as the Section Executive Committee may decide are needed to assist with the administration of the Section.
3. The Section Executive Committee may designate one or more member-at-large positions to be held by a Student member of the Association who is a Section member .
4. The limitation in paragraph 2(c) does not apply the Law Students Section.
5. The entry level officer and members-at-large shall be elected by the voting members of the Executive Committee.
6. Only Section members are eligible to serve on the Executive Committee.

5. Officers

1. The Officers of the Section are the Chair, Vice Chair, Treasurer, Immediate Past Chair and Executive Director, who shall be Secretary.
2. The Section may create other officer positions, but can have only one Chair.
3. If the Section creates another officer position, it will denote where that position falls in the sequence of succession.
4. Each Officer shall have one vote. The Executive Director shall not have the right to vote and shall not be counted in determining quorum. 

6. Executive Committee Duties

1. The Executive Committee manages the Section’s affairs between meetings, oversees core activities, and develops services and initiatives to meet the needs of its members.
2. The Executive Committee approves activities for the year, acts on any matters submitted to a meeting, and has full power to perform all acts and duties of, for and on behalf of the Section.
3. Executive Committee members participate in Section meetings, and attend CBA Section Orientation programs.
4. The Executive Committee is responsible for the budget and finances of the Section.
5. The Executive Committee may appoint an Executive Director who acts as the chief administrative officer of the Section and is responsible to the Executive Committee, and between Executive Committee Meetings to the Chair or a committee of the Executive Committee or another officer designated by the Chair in consultation with the Executive Committee.
6. The Executive Committee prescribes the duties and responsibilities of, and exercises all decisions concerning the hire, compensation, objectives, performance evaluation, management, including but not limited to, terms of employment, dismal and other matters, of the Executive Director, consistent with policies of the Association. The Executive Committee may delegate these duties to the Chair or a committee of the Executive Committee.

7. Officers’ Duties

1. The Officers have general oversight of the affairs of the Section, subject to decisions of the Executive Committee. The Officers have the powers and duties of the Executive Committee in the management of the Section between meetings of the Executive Committee, subject to any restrictions determined by the Executive Committee.
2. Without limiting the foregoing, the officers:
   1. plan, oversee and keep informed on the progress of all Section activities subject to the direction and approval of the Executive Committee
   2. take minutes of all meetings of the officers, Executive Committee and Section
   3. oversee the work of Section Committees;
   4. create Section committees and select the chairs and members of those Section committees
   5. implement decisions of the Executive Committee;
   6. take such action necessary to promote policies prescribed by the Association
   7. report to the Board of Directors as required and before each Annual Meeting of the Association on the work of the Section for the year just ending
3. The Chair presides at meetings of the Section, the Executive Committee and the Officers.

8. Treasurer’s Duties

The Treasurer

1. with the Executive Director, oversees finances of the Section, including develop and recommend objectives, policies and programs for the financial and accounting activities of the Section for approval by the Executive Committee;
2. with the Executive Director, develops, recommends to the Executive Committee and supervises budgets for each area of Section activity, accounting and financial information and controls;
3. interprets and reports on financial conditions and results of the Section to the Officers and Executive Committee;
4. analyzes variations from the budgets and makes recommendations for any action to be taken;
5. with the Executive Director, directs planning and programming of cash and financial requirements, and development of cash forecasts and financial programs;
6. with the Executive Director, maintains adequate banking arrangements and, as necessary, recommends to the Executive Committee short and long-term investment and borrowing programs following consultation with Association;
7. in conjunction with the Executive Director, supervises and controls expenditures;
8. ensures that the Section records and books of account are maintained by the Executive Director;
9. carries out the financial responsibilities and has further duties and responsibilities required by or consistent with the office of Treasurer as the Executive Committee prescribes to meet the needs of the Section, including reporting on results and recommendations to the Executive Committee on the appointment of auditors; and
10.  has other duties assigned by the Executive Committee or Chair.

9. Executive Director

The Executive Director:

1. administers the general affairs of the Section in accordance with the Bylaws, Regulations and policies of the Association and the direction of the Executive Committee;
2. advises and assists the Executive Committee, officers and Section committees in the discharge of their responsibilities;
3. plans meetings and prepares minutes of meetings of the Executive Committee and officers;
4. exercises authority over and is responsible for the Section office and its staff, including but not limited to the adoption of administrative personnel guidelines consistent with the Regulations and administrative policies of the Association and directions of the Executive Committee; as well as prescribes the duties and responsibilities of staff, revises salaries, evaluates each staff member, hires and dismisses staff of the Section; ensures development of staff and maintenance of their morale; and keeps an office manual up to date;
5. maintains proper books of account, records and files, attends to all correspondence and sends out all notices required, or as directed by the Executive Committee;
6. carries out duties delegated by the Executive Committee or officers, including but not limited to: coordinating strategic planning processes; ensuring all programs and policies o approved by the Association and Executive Committee are implemented; maintaining effective communication and a good working relationship with the Association, and all entities of the Association, including Branches; maintaining liaison on behalf of the Section with other associations with complementary interests;
7. attends and participates in meetings of any entity of the Association.

10. Term of Office

1. The term of office for each position on the Executive Committee is one or two years.
2. Entry to an office of the Section is by election and, where possible, initially to the office of Treasurer or first office in the sequence of succession. The Officers properly discharging the duties of that office sequentially occupy each of the offices through to Immediate Past Chair.
3. Unless authorized by the Board, no person is eligible to serve on the Executive Committee:
   1. in any office for more than one consecutive year; or
   2. for more than five consecutive years as memberat-large.
4. The term of office for Officers and Executive Members commences on September 1 and terminates on August 31 the following year.
5. No person may be Chair of more than one Section at the same time.

11. Nominations and Elections

1. The Executive Director notifies each Section member of the Section Executive Committee positions open for nomination in the coming year and the requirements and method for nomination.
2. Only 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. If more than one nomination for a vacant position is received, an election is conducted for that position.
8. Where an election is required, it is conducted by ballot under the following rules:
   1. Ballots are distributed to voting members of the Executive Committee along with information about each candidate.
   2. Ballots may be sent and returned by mail, electronic means or hand.
   3. The date for return of ballots is at least 15 days from the date they are sent
   4. Proxies are not permitted in any election.
   5. Only ballots received by the date specified in the ballot are counted.
   6. The quorum is a majority of its Executive Committee members eligible to vote, excluding the Immediate Past Chair or other Officer determined by the Executive Committee to cast the deciding vote in the event of a tie.
   7. The 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 Executive Director notifies 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.

12. Representation

The Executive Committee strives to ensure that the Officers and members-at-large represent the diversity of the legal profession, and the demographics and regional composition of the Section’s membership. The Section may establish additional criteria to meet its unique needs, subject to approval by the Board.

13. 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 a Section member to fill the vacant Chair position. If the other Executive Committee members are unable to become Chair, the Chief Executive Officer will notify each Section member of the vacancy and call for nominations.
2. Where any other Officer or Member-at-Large 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 is elected by a majority vote of the remaining Executive Committee members.
3. An Officer or Member-at-Large so elected serves until the end of that fiscal year. If the Officer or Member-atLarge is so 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 5.

14. Removal from Executive Committee

1. An Executive Committee member whose membership in the Association or the Section lapses will cease to be a Section Executive Member, cannot attend any Section Executive meetings or Section activities, and is not eligible to run for 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 Board.
3. A Branch Section representative on the Executive Committee who is unable to attend an Executive Committee meeting may send an alternate and this is not considered an absence.
4. The Board may remove any Executive Member pursuant to the procedures established under the Bylaws, Regulations and policies of the Association, and the CBA Principles of Conduct.

15. Section Membership Meetings

1. The Section Executive Committee may convene a meeting of the Section, to report on Section and Executive Committee activities, to provide an opportunity for Section member input and feedback, and to conduct any other Section business.
2. Meetings may be held in person or 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.
3. Notice of the time, place and general purpose of a meeting will be given at least 30 days before the meeting by mail, email, web posting, or in a publication of the Section or Association that is sent to all Section members.

16. Membership Quorum

The members of the Section present and in good standing at the beginning of the meeting, which must include at least a majority of the voting members of the Section Executive Committee members, constitute quorum.

17. Executive Committee Meetings

1. The Executive Committee meets at least four times a year, 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 an in person meeting will be sent by the Chair to each Executive Committee member at least 30 days before the meeting. Notice of the time and general purpose a meeting not held in person shall be sent by the Chair to each Executive Committee member at least three days before the meeting. If the meeting is to be in person, any Executive Committee Member may attend the meeting by other communications facility. 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.

18. Executive Committee Quorum

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

19. Executive Committee Decisions

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

20. Executive Committee 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. 

21. Officers' Meetings

The Officers may meet at the call of the Chair 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. The Chair shall give notice of the time and general purpose of the meeting to each of the Officers at least three business days before the meeting. The notice period can be waived on agreement of all Officers.

22. Officers' Quorum

A majority of the Officers, including at least the Chair or Vice Chair, constitutes quorum for the conduct of business. 

23. 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 shall:
   1. be comprised only of Section Members and Affiliates;
   2. be chaired or co-chaired by an Executive Committee Member;
   3. report and be accountable to the Executive Committee;
   4. be 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 shall be appointed for a term of one year, which may be renewed.

24. Amendments

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

Part E - CBA Wellness Forum Section

Repealed (Board, 30 Apr 2018)