FAAVM CANADA CONSTITUTION 2004
General Norms
Be it enacted by the Board of Governors, the Board of Executive Officers before the National Assembly, this may be cited as the FAAVM CANADA Constitution.
Article I
NAME
Sec. 1. The name of this society is The Federal Association for the Advancement of Visible Minorities (English), and Association Federale pour le Progres des Minorites Visible (Francais) hereinafter called the FAAVM (English), and AFPMV (Francais).
General Purpose, Decrees and Instructions
The object of FAAVM CANADA shall be to advance the spiritual, socio-economic, educational, religious, cultural and political, health well-being of visible minority citizens, as men, women and children and to promote national peace among all Canadian citizens, inclusively international peace among all the peoples of the earth in a manner which is now, or may be hereinafter deemed by law to be charitable, including maintaining and enhancing contacts and cooperation with similar bodies, organs and organization and institutions working in the same fields at the national levels and oversees.
Therefore, the FAAVM CANADA is hereby established and shall be a permanent institution and shall have the power to exercise its jurisdiction over human rights violations and civil rights deprivation and over crimes against humanity. The provisions of these Statues hereunder proclaimed shall govern the jurisdiction and functioning of the FAAVM CANADA.
Sec. 2. The FAAVM CANADA purposes are: (a) human rights and civil rights, to unite Canadian visible minority groups, to create coalition among all Canadian citizens; to secure civil rights through supportive legislation and by the implementation of our strategic initiative through the leadership/spokesperson of the visible minority leadership program; subsequently; to defend civil rights guaranteed by the Canadian Charter of Rights and Freedoms whenever these rights are threatened and violated (b) to ensure the social, economical, political, educational, cultural, religious equality of minority groups and citizens; achieve equality or rights, and; eliminate race prejudice among citizens of Canada; remove all barriers of racial discrimination through the democratic processes; seek to enact and enforce federal, provincial, territorial, regional, municipal and local laws, securing civil rights by the enactment of the Canada Civil Rights Act of 2003; to inform the public of the adverse effect of racial discrimination, to seek its elimination; to educate persons as to their constitutional rights and take all lawful action in the furtherance of these principles; to investigate complaints alleging that citizens are being deprived of their rights; to hold hearing and issue subpoenas within the province or territories in which the hearings are being held; study and collect information relating to discrimination by consulting with representatives of federal, provincial and local government agencies and private organizations; to apply specific remedies in individual cases; to oversees and monitor civil rights implementation by appraising federal laws and policies with respect to discrimination or a denial of equal protection of the law under the constitution and the Canadian charter of rights and freedoms; to increasingly involved into supporting developing minorities' efforts to strengthen local and national capacities to pursue integrated development strategies; to adopt policy guidelines; to design and implement development cooperation programs, to express commitment to working together to reinforce self-help efforts with adequate resources; to improve coordination and consistent policies that support development; to promote national and international economic cooperation; to help minorities to participate in the global economy; to enhance national and international development cooperation .
Territory and Regions
Sec. 3. The character of its scope is transnational and the territory in which its operations are to be conducted is the entire nation; the country of Canada. In addition to its worldwide relations, the FAAVM Canada may engage in activities directed to the interests and needs of members residing in a particular country or area of the world. The procedure for undertaking such activities shall be specified in the BY-LAW. The FAAVM Canada shall have its principal office in the Province of Ontario, the city of Ottawa, from which it shall carry out its general administrative functions and operations in accordance with the Canada Corporation Act Part II; Not-for-Profit Corporation Law. Its publication activities are to be principally in the Canada, as well as its largest membership meetings.
Sec. 4. The FAAVM Canada shall strive to enhance the quality of life for all people throughout the nation, through the constructive enforcement of human rights and civil rights. The FAAVM Canada shall endeavor to promote understanding of the human rights systems and mechanisms for prosperity and peace and may organize its activities on a local, municipal, regional and territorial basis as defined in Sec.3.
Article II - By-Laws and Precepts
Sec. 1. BY-LAW shall be established as hereinafter set forth, for the purpose of governing the operations and administration of the FAAVM Canada. The term BY-LAW as used in this Constitution refers only to FAAVM BY-LAW.
Sec. 2. Proposed BY-LAW changes and reasons therefore shall be mailed to all FAAVM Directors at least twenty working days before the stipulated meeting of the Board of Directors at which the vote shall take place. Two-thirds of all votes cast at the meeting shall be required to approve any new Bylaw, amendment or revocation.
Article III - Groups of Members
The Board of Directors may authorize the establishment of group of members for promoting the objectives and interests of the FAAVM. The Board of Directors may terminate the existence of any such group. The BY-LAW shall provide for specifications and operating rules for any group that may be established.
Article IV - Delegates and Directors
Sec. 1. The voting members of the FAAVM shall elect Delegates-at-large whom shall also by virtue of such election be Directors-at-large. The number and method of election of Delegates-at-large and Directors-at-large shall be specified in the BY-LAW.
Sec. 2. The territory of the FAAVM shall be divided, at the discretion of the Board of Directors, into geographical areas known as Regions, which shall be specified in the BY-LAW. The voting members of each Region shall elect a Delegate to the National Assembly designated as its Regional Delegate who shall also by virtue of such election be a Director designated as its Regional Director. The method of election of Regional Delegates shall be specified in the BY-LAW.
Sec. 3. Certain of the technical areas covered by the FAAVM shall be grouped into Divisions. The voting members of each Division shall elect a Delegate to the National Assembly, designated as its Divisional Delegate, who shall also by virtue of such election be a Director, designated as its Divisional Director. The method of election of such Divisional Delegates shall be specified in the BY-LAW.
Sec. 4. The term of office of the President as a Delegate-at-large and Director-at-large shall be five years beginning with the office of President-Elect. The BY-LAW shall provide the term of other Delegates elected by the voting members, which shall be identical with the term of office as Director. All shall coincide with the fiscal year of the FAAVM Canada.
Sec. 5. The terms of office of Directors elected by the National Assembly shall be specified in the BY-LAW.
Sec. 6. If the Directors shall not be elected on the day designated by law or fixed in the BY-LAW, the corporation shall not for that reason be dissolved; but every Director shall continue to hold office and discharge duties until a successor has been elected.
Article V - President and Chief Executive Officer
The President & Chief Executive Officer shall be elected by the voting members, by virtue of which election the of the President & Chief Executive Officer shall also be a Delegate-at-large and a Director-at-large for a period of four (4) years. Following the term of one year as President-Elect, the holder of that office shall serve as President in the subsequent year and shall serve as Past President in the year subsequent thereto. The President & Chief Executive Officer shall be eligible to serve a second full term in that office.
Article VI - The National Assembly
Sec. 1. An Assembly composed of Delegates, including Delegates-at-large, shall receive reports and perform such functions as required by law or specified in the BY-LAW. The Assembly shall, at its annual meeting, elect Directors-at-large who are not Delegates.
Sec. 2. The annual meeting of the National Assembly shall be held in conjunction with the last regularly scheduled meeting of the Board of Directors in each fiscal year of the FAAVM; The President of the FAAVM shall preside as Chairman.
Sec. 3. All of the Delegates shall be of full age and shall be FAAVM members of the grades specified in the BY-LAWS.
Sec. 4. Meetings of the National Assembly may be held elsewhere than in the Province of Ontario, at the City of Ottawa; Additional meetings and provision for special meetings of the National Assembly and the manner of giving notice of annual, additional and special meetings shall be specified in the BY-LAWS.
Sec. 5. The meeting of the National Assembly shall include specific agenda space for the following topics:
Sec. 5a. The adoption of the agenda.
Sec. 5b. The election, appointment of FAAVM CANADA Officers and Board of Trustees, the appointment of the Finance and Fundraising Committee and Sub-Committee, election of the Campaigns and Communication Committees.
Sec. 5c. Board of Trustees report and plan, and recommendation from commissions and other organs and bodies, and reports.
Sec. 5d. Amendments of the Constitution and/or Rules (if submitted).
Sec. 5e. The readings of the Auditor's Reports for the fiscal year in accordance with Article XIV, Sec.2.
Sec. 5f. The discussion, ratification and lapse of the general policies of the organization.
Sec. 5g. General
businesses and operations of the FAAVM CANADA.
Article VII - Board of Executive Directors
Sec. 1. The Board of Executive Directors shall be the governing body of the FAAVM Canada and shall consist of Directors, including Directors-at-large, elected by the voting members and Directors-at-large elected by the National Assembly. The President & CEO of the FAAVM Canada shall preside as Chairman.
Sec. 2. The number of Executive Directors elected by the voting members together with the number of Executive Directors elected by the National Assembly shall be not less than nine nor more than fifty. Except for the filling of interim vacancies as provided in the BY-LAWS, the number of Executive Directors elected by the voting members shall be not less than sixty percent of the total number of Directors.
Sec. 3. All of the Executive Directors elected by the National Assembly shall be of full age and shall be FAAVM members of the grades specified in the BY-LAW.
Sec. 4. At least one Executive Director shall be a citizen of Canada and a resident of one of the province of Canada.
Sec. 5. There shall be an annual meeting of the Board of Executive Directors, which shall be the last regularly scheduled meeting in each fiscal year of the FAAVM. This annual meeting may be held elsewhere than in the Province of Ontario.
Sec. 6. Additional meetings and provision for special meetings of the Board of Executive Directors and the manner of giving notice of annual, additional and special meetings shall be specified in the BY-LAW.
Sec. 7. The Board of Executive Directors may designate or appoint one or more Committees and Boards, which shall have such powers of the Board of Directors as it may confer upon them from time to time.
Sec. 8. The meetings of the Board of Executive Directors shall include:
Sec. 8a. The overall operations and businesses of the FAAVM CANADA.
Sec. 8b. Introduction and reading of new policy proposals.
Sec. 8c. Discussion of matters submitted by the Executive Directors.
Article VII - Corporate Officers
Sec. 1. The Corporate Officers of the FAAVM Canada shall be the President, the President-Elect, and the Vice Presidents as specified in the BY-LAW, the Secretary, and the Treasurer. At the discretion of the National Assembly, the offices of Treasurer and Secretary may be held concurrently by one person.
Sec. 2. The BY-LAW shall specify those Corporate Officers, other than the President, and the President-Elect, to be elected by the National Assembly. Those elected by the National Assembly, by virtue of such election, shall be Directors-at-large but not Delegates. Other Officers shall be appointed by the Board of Directors and as such will be neither Directors nor Delegates.
Sec. 3. Except for the President-Elect, whose term of office as such shall be for four years and who shall thereafter hold the office of President for the subsequent year and the office of Past President for the year subsequent thereto, the term of office for all Corporate Officers shall be for three years and shall terminate at the end of the fiscal year of FAAVM, or at such later time as their successors are elected and accepted
Sec. 4. No Corporate Officer or Director shall receive, directly or indirectly, any salary, traveling expenses, compensation, or emolument from the FAAVM Canada either as such Officer or Director or in any other capacity, unless authorized by the BY-LAW or by the concurring vote of two-thirds of all the Directors present at a regularly constituted meeting.
Sec. 5. No Corporate Officer or Director shall be interested, directly or indirectly, in any contract relating to the operations of the FAAVM nor in any contract for furnishing supplies thereto, unless authorized by the BY-LAW or by the concurring vote of two-thirds of the Directors present at a regularly constituted meeting.
Article IX - Vacancies
Sec. 1. The existence of a vacancy in the Board of Directors or among the Corporate Officers shall be determined by the Board of Directors or in accordance with the BY-LAW.
Sec. 2. Vacancies on the Board of Directors or among the Corporate Officers shall be filled in accordance with the BY-LAW.
Article X - Nominations, Elections and Appointments
Sec. 1. The Board of Directors shall submit annually to all voting members a list of nominees for Delegates, the President-Elect, and such other Officers as may be specified in the BY-LAW to be elected by the voting members for the coming term. Submission may be by notice in an FAAVM publication, which goes to all voting members.
Sec. 2. The method of making nominations and the schedule for elections shall be specified in the BY-LAW.
Sec. 3. Nominations by petition for the offices named in Section 1 of this Article may be made by letter to the Board of Directors setting forth the name of the proposed candidate and the office for which the candidate is desired to be nominated. The required number of signatures on such petition and the date of receipt shall be specified in the BY-LAW.
Sec. 4. The BY-LAW shall specify the annual closing date for the list of voting members entitled to vote, and shall specify the date by which the ballots are to be mailed.
Sec. 5. For elective offices of the FAAVM other than those named in Section 1 of this Article, methods of nomination and election, including alternate means of nomination by individual voting members, shall be specified in the BY-LAW.
Article XI - Management
Sec. 1. The President & CEO shall be the principal Officer of the FAAVM Canada and shall preside at meetings of the National Assembly, all meetings of the Board of Directors and at meetings of any other bodies as may be specified in the BY-LAW, at which the President & CEO may be present. The President shall be an ex-officio member of every committee. The President may visit groups of FAAVM members and promote the objectives of the FAAVM.
Sec. 2. The President-Elect shall perform such tasks as are delegated by the President & CEO or as may be specified in the BY-LAW.
Sec. 3. In the absence of the President, the President-Elect shall preside and shall perform such tasks as are delegated by the President or as may be specified in the BY-LAW.
Sec. 4. The Secretary, under the direction of the Board of Directors, shall have general supervision of the keeping of record of meetings, activities, memberships and any other records required by law, and shall be responsible for arrangements for all meetings of the Board of Directors, the National Assembly, and all other principal meetings of the FAAVM.
Sec. 5. The Treasurer, under the direction of the Board of Directors, shall have general supervision of the fiscal affairs of the FAAVM and shall be responsible for the keeping of records thereof.
Sec. 6. All funds received by the FAAVM Canada shall be deposited in a depository approved by the Board of Directors in an account requiring the signatures of at least two of the Corporate Officers for withdrawal, who shall be bonded. The Board of Directors shall designate those Corporate Officers authorized to execute such withdrawals.
Sec. 7. The number of Directors required to constitute a quorum at meetings of the Board of Directors shall be stated in the BY-LAW.
Sec. 8. The number of Delegates required to constitute a quorum at meetings of the National Assembly shall be stated in the BY-LAW.
Sec. 9. The Chairman of the Board of Directors shall have no vote on the Board unless the votes of the other Directors present are equally divided.
Sec. 10. The Chairman of the National Assembly shall have no vote on the Assembly unless the votes of the other Delegates present are equally divided.
Sec. 11. The fiscal year of the FAAVM shall be defined in the BY-LAW.
Article XII - Amendment Instructions
Sec. 1. Amendments to this Constitution shall be made by ballot of the voting members. They may be proposed by the Board of Directors or by petition. A resolution adopted by vote of at least two-third of those present at a regularly constituted meeting of the Board of Directors is necessary to place a proposed amendment on the ballot. A petition must be signed by at least one-third percent of the total number of voting members as listed in the official membership records of the FAAVM Canada at the end of the previous year, but in no case shall the number be less than one hundred. A copy of such proposed amendment or amendments, if lawful, shall be mailed with a ballot to each voting member at least sixty days before the date designated for counting the ballots. Balloting shall be in accordance with the BY-LAW.
Sec. 2. A vote of at least two-third of all ballots cast, provided the total number of those voting is not less than ten percent of the total number of voting members, in favor of an amendment is necessary for adoption. Voting members shall be notified as soon as practicable by notice in a publication going to all voting members.
Sec. 3. Amendment (s) to this Constitution shall take effect thirty days after adoption and ratification but if by amendment Officers and Officers-elect are changed in status or the number of Directors is reduced, each Officer and each Director shall continue to serve until the term expires.
Sec.4. Amendment (s) to other rules of governance of the FAAVM, such as Standing Orders and Election Regulations must be submitted to the Board of Governors thirty five (35) days prior to the meeting of the Annual Assembly.
Article XIII - Resignation of Officers
Any FAAVM executive officials wishing to resign may do so in writing to the Board of Governors, and should provide specific detail of the reasons for the resignation, the Board of Governors then will inform the Board of Executive Directors as to when the resignation take effect officially.
Article XIV - Annual Financial Statements
Sec. 1. The Treasurer shall provide a financial statement to the Board of Governors no later than ninety (90) days after the end of the fiscal year.
Sec. 2. The Treasurer shall prepare an annual budget to be submitted at the Annual General Meeting of the Executive Directors.
Article XV - Accounting Rules
The Treasurer shall be
responsible for all accounts and accounting of the FAAVM Canada. The
Board of Governors, by the Board of Executive Directors and by
Executive or by members, may examine financial documents relating to
the expenditure of FAAVM funds in the Treasurer's possession or
control at any time.
Article XVI - General Audits
An audit shall be performed by a person other than a member of the Executive on the financial statements of the FAAVM Canada prepared by the Treasurer, within sixty (60) days after the end of the fiscal year at the request of the Executive.
Article XVII - Dispensation of Treasurer
The Treasurer shall:
Sec. 1. Receive all monies accruing to the FAAVM Canada.
Sec. 2. Pay accounts and expenses for the FAAVM.
Sec. 3. Keep accurate record of all receipts and disbursements so that the finances of the FAAVM are properly reflected.
Sec. 4. Prepare written monthly financial reports for submission to the Executives.
Sec. 5. Ensure that an annual audit of finances is conducted by a person other than a member of the Executive at the request of the Executive.
Sec. 6. Transfer, at the end of the term, all funds and other property.
Article XVII - Director of Constitution
The Director of Constitution shall:
Sec. 1. Provide interpretation of the Constitution to the Board of Executive and other executive members and directors, and all other organs, bodies and institutions of the FAAVM.
Sec. 2. Be responsible for compliance with the Constitution and its application and monitoring.
Sec. 3. Receive and review all proposed amendments to the Constitution and present recommendations to the Board of Executive for consideration; and
Sec. 4. Issue amendments to the Constitution to the membership as required.
Article XIX
This article may be cited as the constitution of the FAAVM Canada
Article XX - The Secretary
The Secretary shall:
Sec. 1. Be the principal focal point of all administrative functions of the FAAVM.
Sec. 2. Be the official manager and custodian of records,.
Sec. 3. Prepare accurate and up-to-date minutes of all meetings.
Sec. 4. Prepare and distribute all meeting agenda and minutes prior to the meeting for which they are to be presented.
Sec. 5. Write correspondence as required.
Sec. 6. Arrange for the provision of translation services as required.
Sec. 7. Prepare and ensure adherence to the Schedule of Activities of the Board of Executive; and
Sec. 8. Ensure approval of notices by President or Vice-President.
Article XXI - Rights and Obligations of Signing Officers
The signing officers of the FAAVM Canada shall be the President & CEO or acting President and/or, the Vice-President, or the Treasurer.
Article XXII - Contracts
Contracts and other documents that may legally engage the FAAVM Canada must have prior approval of the Board of Executive Directors prior to approval by the Board of Governors. The President and one other signing officer shall sign contracts, documents or any other financial instrument requiring the signature of the FAAVM.
Article XXIII - Membership
The membership consists of regular, honorary, corporate, students, family, and organizations.
Sec. 1. Regular membership shall consist of persons currently or previously employed.
Sec. 2. Honorary membership shall consist of persons whose appointment as an honorary member has been ratified by the general membership board.
Sec. 3 Corporate membership shall be granted to one (1) representative of an organization, which has paid the corporate membership fee. The representative from that organization will be granted all members' rights.
Sec. 4. Student membership shall be granted to persons officially registered within a recognized university and/or college or any educational institutions and must be a part-time or full-time student at the time of request for membership and enrolled in a program.
Sec. 5. Family membership comprised of mother, father and children, single parents, groups of relatives, such membership level shall be granted to the head of the household and or the person designated to represent the household.
Sec. 6. Organization's membership is a special level membership and is subject to approval by the Board of Governors prior to become a member, any organization that wish to participate in the affairs and operation of the mission of the FAAVM may submit a membership request. Terms and conditions may vary depending on the nature, object and mission of the organization.
Article XXIV - Members' Rights and Privileges
Sec. 1. Members in good standing are entitled to all rights and privileges associated with their membership within the FAAVM for the purpose of Article XXVII.
Sec. 2. Participation in all regular, general and special meetings of the FAAVM.
Sec. 3. Receipt of monthly notice of meetings and synopsis of program topics,.
Sec. 4. Eligibility for election to the Executive.
Sec. 5. Nomination and voting in the election of the Board of Executive Directors.
Sec. 6. Recommendation of changes to the Constitution.
Sec. 7. Right to vote on all proposed amendment to the Constitution.
Sec. 8. Receipt of special consideration when applying to attend seminars, conferences, workshops, etc., sponsored by or available through the FAAVM.
Sec. 8. Access to sources of information that may be available through the FAAVM.
Article XXV - Application for Membership
Sec. 1. The membership period shall be a minimum of 12 month beginning the month payment of dues is received by the Board of Membership, the Director of the board.
Sec. 2. Application for regular, corporate, and student membership will be made in writing and fees shall be submitted to the Board of Membership.
Article XXVI - Membership Renewals
All membership shall be renewed by the twelve (12th) of the month expiry date of the membership period. Members not renewing their membership within three (3) months after the membership expiry date will no longer be considered in good standing, and will forfeit member's rights and privileges until reinstated.
Article XXVII - Annual General Membership Convention
Sec. 1. The annual general membership convention are held to conduct business, hold elections, approve budgets and to hold votes and pass motions which affect the operations of the FAAVM and to communicate to the public the how the FAAVM organize its operations, and how the general public is involved in the FAAVM's general operations.
Sec. 2. The agenda for the annual general membership convention held each year in a month designated by the Board of Governors includes:
Sec. 2a. Any business arising from previous regular meetings.
Sec. 2b.The President's report on the major activities and events of the previous years of activities, unless a special request was placed and approved such as to discuss a specific year of operations.
Sec. 2c. The FAAVM Universal Award for Peace Presentation.
Sec. 2d. Questions from the floor.
Article XXVII - Emergency Meetings
An emergency meeting may be called at the request of more than fifty one percent of the board members. At least 60 days notice of any ordinary meeting and 28 days notice of any emergency meeting shall be given to the proper governing board, organs and bodies of the organization.
Article XXIX - Policy
Sec. 1. The FAAVM CANADA shall maintain the following to record, implement and create its policies:
Sec. 1a. A Charter which shall be a single and multiple statements of the FAAVM Canada's policies on issues directly relating its general operations, its bodies and organs, inclusively its committees and sub-committees, especially external issues affecting its jurisdictions.
Sec. 1b. A record of all relating to the financing, administration, operation and organization of the FAAVM which have been passed and adopted by the National Assembly; such record is called the Black Book and referred to as the Internal Policy.
Sec. 2. Internal policy passed shall remain as internal policy and is subject for annual review within one full year cycle from the date it was passed, after which, it shall be incorporated into the general policies and procedures of the FAAVM.
Sec. 3. The National Assembly shall decide areas of the Charter to be reviewed throughout the next year and this shall be a priority ballot for the annual meeting's agenda.
Sec. 4. Any areas of the Charter and the Black Book as cited in Article XXIX, Sec.1a, not reviewed within 4 years shall be brought before the National Assembly for reaffirmation at the Annual General Meeting (AGM). The Board of Governors shall make recommendations about policy lapse prior from receiving such recommendations from other governing bodies, organs, commissions and sub-commissions, committees and sub-committees.
Sec .5. Prior to each Annual General Meeting, the Board of Governors with a written authorization of the National Assembly, shall consider any part of the Charter that it considers inaccurate and all the Charter's Internal Policy and may recommend the followings:
Sec. 5a. In the case of a part of the Charter which the Board of Governors considers inaccurate, that specific amendments be made or that the Board of Governors should consider whether general updating is required.
Sec. 5b. In the case of an Internal or External Policy that they should be incorporated into the Charter and the Black Book.
Sec. 6. Any body or organ may object to the Board or Governors' recommendations. The National Assembly shall set the deadline for such objection, and such organ or body may bring forth the reasons for the objection.
Article XXX - Voting
Sec. 1. Save for during elections, or other votes by secret ballot, the person occupying the chair, as the FAAVM shall not exercise a vote other than a casting vote where votes for and against and issues are declared to be equal.
Sec. 2. A simple majority shall be where the number of votes in favour of a motion is greater than the number voting against.
Sec. 3. A two-third majority shall be where the number of votes in favour is equal to or greater than double the number of votes against.
Article XXXI - The Board of Trustees
Sec. 1. At the annual general meeting, the National Assembly in close consultation with the Board of Governors, shall appoint or elect the following members of the Board of Trustees: the Chair, Vice-Chair (Finance and Fundraising), Vice-Chair (Socio-Economic Development), Vice-Chair (Anti-Poverty Campaign and Communication), Vice-Chair (Women and Youth) Vice-Chair (Housing and Old Age Security), who shall be officers or the organization.
Sec. 2. There shall be twelve (12) members appointed or elected to the Board of Trustees.
Sec. 3. Any or all voting members of the Board of Trustees may be removed by a motion of no confidence submitted 21 days before the start of the Board of Governors meeting by seven (7) full member organizations. A two-third majority in accordance with Article XXX, Sec.3, must pass such a motion.
Sec. 3. A member of the Board of Trustees may at anytime submit his or her resignation to the rest of the committee in accordance with Article XIII. A member who fails to attend two Board of Trustees meetings without apologies being accepted, will be deemed resigned.
Sec. 4. If an officer's post becomes vacant; it shall be filled by a member of the Board of Trustees following an election for the post amongst the remaining members of the committee. Such an election shall be in compliance with Article X, section 1, 2, 3, 4, 5. Elections regulations appended to this Constitution.
Article XXXII - Rules of Goverance
Sec. 1. The organisation and procedures of the FAAVM CANADA shall be governed by the followings:
Sec. 1a. This Constitution
Sec. 1c. Standing Orders
Sec. 1c. The Charter Internal Policy
Sec. 1d. The Black Book External Policy
Sec. 1e. Schedules to this Constitution
Sec. 1f. Policy, which relates to organisation and procedures.
Sec. 2. The rules
shall take precedence in the order listed above in this Article.
Article XXXIII - Dissolution and Suppression
Sec. 1. The FAAVM CANADA may be dissolved by a resolution passed by a two-third majority at an Extraordinary General Meeting (EGM) convened for that purpose. Such resolution shall give instructions for the disposal of any assets held by or in the name of the FAAVM, provided that if any property remains after the satisfaction of all debts and liabilities, such property shall not be paid to, or distributed among the members of the association but shall be given or transferred to such other charitable institution or institutions having the same or similar objects to some of the objects of the FAAVM CANADA as the FAAVM CANADA may determine and insofar as effect cannot be given to this provision to some other charitable purpose.
Article XXXIV - Election Regulations and Customs
Sec. 1. The following elections shall take place at the FAAVM.
Sec. 1a. The President and Chief Executive Officer.
Sec. 1b. Branch and Fields Presidents.
Sec. 1c. Vice Presidents Units of other organs and bodies of the organisation.
Sec. 1d. Chair and Vice-Chair.
Sec. 1e. Chief Executive Directors.
Sec 2. The Board of Governors shall set elections date and set deadlines as specified and circulate them not fewer than sixty days before the National Assembly which shall then declares the official day of the elections.
Sec. 3. The returning officer shall act as the Chief Electoral Officer and shall receive the candidates registry and then shall inform the candidates whether their candidacy have been approved, then shall make their candidacy official before the Board of Governors.
Sec. 4. The National Assembly and the Board of Governors shall assist the Returning Officer in all aspects of elections.
Sec. 5. The deadline for the nomination for Presidents and Vice-Presidents shall be set by the National Assembly and the Board of Governors.
Sec. 6. All candidates for presidency posts shall have reached their thirtieth (30th) birthday on, or by the day of the beginning of their term, if elected, then shall submit their consent to the Returning Officer whom in turn shall declare their candidacy to be official.
Sec. 7. Candidates who have been declared official candidates by the Returning Officer, may withdraw at any time before the ballot and must do so in writing to the Returning Officer.
Sec. 8. No other written publicity shall be permitted.
Sec. 9. In the event insufficient nominations being received for a post, it shall be re-opened. All candidates nominated for the post (s) shall stand in the same election.
Sec. 10. Hustings shall be chaired by the Returning Officer and shall take place immediately before voting.
Sec. 11. Candidates for election shall have an opportunity to put their case then take questions from the floor at the Returning Officer's discretion. For the purpose of Hustings speeches, candidates standing for election to any post may give their hustings speech in either one of the official languages in English or French.
Sec. 12. Equal time shall be given to each candidate standing in the same election.
Sec. 13. The length of time allocated to each speech shall be publicized by the Returning Officer prior to the hustings.
Sec. 14. All votes shall remain secret.
Sec. 15. Votes for each election shall be counted in accordance with the form of Single Transferable Vote as recommended by the Returning Officer.
Sec. 16. The Returning Officer shall declare the results of all elections during the relevant National Assembly meeting. The Board of Governors in a subsequent mailing shall circulate the official results.
Sec. 17. Complaints about the conduct of elections shall only be considered within two weeks following the elections, and shall be made to the Returning Officer in writing, in the first instance. The Returning Officer shall re-count the election and if the complaint is still valid, it shall be referred to the Board of Governors, unless the complaint is about the Officers Group election, in which instance the complaint shall referred to the President and Chief Executive Officer.
Sec. 18. After the close of the relevant Board of Governors, any further disputes may be put in writing to the President and Chief Executive Officer.
Article XXXV - General Norms
Sec. 1. Minutes shall be kept of all Annual Meetings, which shall be circulated to all bodies and organs. The time and venue of all meetings shall normally be decided at previous meetings of the Boards. Not fewer than ten days notice of the meeting shall be given to all members.
Sec. 2. The quorum for all Board meetings shall be fifty (50) plus one (1) (rounded down) for a specific purpose.
Sec. 3. The Board of Governors may convene ad-hoc working groups or sub-committees for a specific purpose.
Sec. 4. Responsibilities not covered by a sub-committee or other working group shall be the direct responsibility of the Board of Executive Directors.
Article XXXVI - Schedule of the Constitution of the FAAVM
The FAAVM CANADA is committed to the implementation of Equal Opportunities throughout its work and its mission. In its meetings, activities, and services and as an employer, no person shall be discriminated against. This shall be regardless or race, gender, sexual orientation, national or ethnic origin, physical handicap, sensory or learning disability, political or religious beliefs, responsibilities for dependants, marital status, socio-economic background, HIV status, trades union activities or any other grounds that cannot be justified through the policy of the FAAVM.
The FAAVM CANADA affirms that it has a role in combating discrimination and racism throughout society, as all form of discriminations form a barrier to participation, it also calls upon its member organizations to actively address and positively support these issues within their own structures.
Article XXXVII - Treasury Board and Fundraising Sub-Committee
Sec. 1. The Treasury Board & Fundraising Sub-Committee shall consist of the Vice-Chair Fundraising and six members selected by the Advisory Group and recommend to the Board of Governors for approval annually.
Sec. 2. The Treasury Board & Fundraising Sub-Committee may invite any person it deems appropriate to attend any meeting in an advisory capacity.
Sec. 3. The Treasury Board & Fundraising Sub-Committee shall have the following remit:
Sec. 3a. Recommending an annual budget for the organization, monitoring and reviewing membership fee levels and recommending any changes for the approval of the Board of Governors.
Sec. 3b. Developing innovative income generation, fund-raising and sponsorship policies.
Sec. 3c. Formulating and implementing activities which seek to provide adequate funding for the development and advancement of the FAAVM CANADA.
Sec. 3d. Monitoring, appraising performance and making policy recommendations with respect of the organization's revenue generating activities, investments, property, assets, and financial controls.
Sec. 3e. Monitoring and making policy recommendations in respect of property owned or used by the FAAVM CANADA.
Sec. 3f. The development and implementation of a publishing pricing policy for the organization.
Sec. 3g. Work with the Board of Governors and other standing committees to identify funding streams appropriate for the organization.
Sec. 3h. To develop business risk strategies and policies for the organization.
Sec. 3i. To issue bonds, stocks and other monetary investments.
Sec. 3j. To undertake financial forecasting and planning.
Sec. 3.k. To explore and develop ethical financial policies for the organization.
Sec. 3l. To source and recommend to the Board of Governors the private auditor for the organization.
Sec. 4. The Treasury Board & Fundraising Sub-Committee also consider decisions and recommendations made by other organs and bodies, which involve expenditures outside or beyond budget limits.
Article XXXVII - Application and Interpretation
The application and interpretation of rules, principles and polices of the Constitution pursuant to this article are the responsibility of the Director of Constitution under Article XVIII, Sec.1, Sec. 2, Sec. 3, Sec. 4.
Article XXXIX - Judicial Review Prescription
The National Assembly appoints and nominates a special committee every five years with a mandate to review the FAAVM Constitution, such as the Judicial Review Commission, and review the overall operation of the organization with respect to full compliance to the Constitution. The Board or Governors may, by a special request before the National Assembly request a Judicial Review of the Constitution where non-compliance activities may have been identified. The Judicial Reviews are conducted in order to combat corruption within the organization.
Article XL - The Board of Governors - Power of Governance
Sec. 1. The board of governors shall be the highest governing body of the FAAVM and shall have absolute authority over the overall activities, businesses, and operations of the organization.
Sec. 2. All decisions must be voted unanimously in order to be constitutional.
Sec. 3. Governors are elected and/or appointed upon the recommendation of the National Assembly.
Article XLI - Seal Control and Procedures
Sec. 1. The original seal of the FAAVM CANADA shall be the following symbol:
JUSTICE – FREEDOM – PEACE
FAAVM – AFPMV
Canada
Sec. 2. The FAAVM seal, the logo and the flag shall not be displayed on any area, products, advertisement, literature, instruction, packaging or any other printed material until or unless proper authorization has been granted by from the FAAVM Emblem Control Board.
Sec. 3. The seal shall be the official emblem of the organization for the purpose of Sec.1 of this article and shall be treated as a distinguishing mark of the organization.
Article XLII - Flag Policies
Sec. 1. The
official flag of the FAAVM CANADA shall be the following symbol:
Sec. 2. The flag shall be displayed solely in area where
headquarters, regional, local, municipal and provincial offices are
located in accordance and conformity of rules and procedures of the
property where such offices are located.
Sec. 3. International displaying of the flag shall be done where the FAAVM officially participate in international events whereas organization with same or similar purposes.
Sec. 1. The
official logo of the FAAVM shall be the following symbol:
FAAVM - AFPMV
JUSTICE - FREEDOM - SOLIDARITY - PEACE
Sec. 2. The official logo shall be displayed on all outgoing correspondences of the FAAVM and must include the bilingual acronym of the organization at all times.
Article XLIV
The head of the FCAW is a woman appointed or elected by the National Assembly as the President & CEO and/or Chairwoman of the FCAW, and shall be informed of all board meetings upon reasonable notice.
Drafted on December seventh (7th) 2004, as the Constitution of the FAAVM Canada, adopted and ratified on December twelfth (12th) and sanctioned by vote of more than 2/3rd of the Board of Governors at a special session of the corporation held at Ottawa in the province of Ontario, country of Canada.