CBS SKATING CLUB CONSTITUTION
Last Revised 2015*
CONSTITUTION OF THE
Name of Club: CBS Skating Club
Club Number: 1001012
Date of Inception: 1977
Date of Revision to Constitution: 2015
ARTICLE 1: NAME OF CLUB
The Name of the Club shall be CBS Skating Club hereinafter called the Club.
ARTICLE 2: SKATE CANADA
a) A not-for-profit skating club, that is a member of Skate Canada and is managed by a volunteer board of directors for the general purpose of providing Skate Canada skating programs for Skate Canada members [Skate Canada By-law 1100 (3)].
b) The Club shall pay such fees and such other charges as shall be required of clubs from time to time by Skate Canada. [Skate Canada By-law 1201 (1) (c) (ii), 1201 (1) (c) (viii) and 1201 (1) (c) (ix)]
c) The Club shall abide by all Skate Canada By-laws, rules and regulations as per Skate Canada By-law 1201 (1) (c) (iv).
d) The Club is located in the Newfoundland/ Labrador Section of Skate Canada. See Skate Canada By-law 1503 for definition of Sections
ARTICLE 3: PURPOSE OF THE CLUB
a) The purpose of the Club shall be to encourage the instruction, practice, enjoyment and advancement of its members in all aspects of skating in accordance with the Rules, Policies and Procedures of Skate Canada.
b)The Club, with regard to any aspect of its operation is to be managed and operated by eligible persons who are duly registered as Associate Members of Skate Canada [By-law 1201 (1) (c) (iv)]
c) The Club shall protect the eligibility status of its members. The Club shall not take or omit any action that would knowingly jeopardize the eligible status of its members.
d) The Club shall operate only Skate Canada figure skating and skating programs.
e) Only Skate Canada Professional Coaches are permitted to teach figure skating and skating in the Club.
ARTICLE 4: BY-LAWS OF THE CLUB
a) The By-laws, appended to this Constitution, shall describe the organization and functions of the Club, and the means by which members of the Club may elect the Club Board of Directors and control the property and activities of the Club.
b) The By-laws, Rules and Regulations of Skate Canada and those of the Section in which the Club operates shall take precedence over any Club By-laws [Skate Canada By-law 1201 (1) (c) (iv)].
c) Any Club By-law contrary to the By-laws, Rules and Regulations of Skate Canada and those of the Section shall be invalid. It is acknowledged that any provincial statute governing a club has precedence over any inconsistent Skate Canada by-law relating to that club. [Skate Canada bylaw 1201 (1) (c) (iv).]
BY-LAWS OF THE
CBS Skating Club
By-Law 1: Club Membership
Membership in the Club shall be open to all, irrespective of sex, age, creed or colour.
By-Law 2: Skate Canada and Club By-laws, Rules and Regulations
All members shall uphold, observe and conform to the By-laws, Rules and Regulations of Skate Canada, the By-laws of the Club and such regulations as made by the Board of Directors of the Club.
By-Law 3: Membership Fees
Members of the Club shall be registered with Skate Canada and pay such registration and other fees to Skate Canada as set from time to time by Skate Canada. (See Skate
Canada By-law 1201 (1) (c) (ix), Skate Canada By-law 1202 (1) (a), Rule 2101, Policies and Procedures.)
By-Law 4: Member in Good Standing
For a member of the Club to be considered in good standing with the Club, that member must pay Club fees as are stipulated by the Club Board of Directors in advance of the membership year in question. Members will not be permitted to take part in any Club activities if these fees are not paid within 30 days of the date set for payment. Members in arrears shall be considered as having terminated their club membership.
By-Law 5: Setting of Club Fees, Rules and Skating Hours
Fees, skating rules and skating hours of the Club shall be as the Board of Directors decides from time to time. Club membership shall commence on the first day of the Skate Canada membership year, 1 September, or the date that fees are paid (whichever is the latter) and terminate on the last day of the Skate Canada membership year, 31 August.
By-Law 6: Suspension and Expulsion from the Club
The Board of Directors may, by written notice, suspend or expel a member of the club for acting contrary to the By-laws, Rules and Regulations of Skate Canada or of the Club. The Board of Directors shall give to the individual an explanation for the termination of membership on request. The individual, if he/she so desires, shall have the right of appeal, first to the Board of Directors, and then to a General meeting of members. The Club Board shall develop a suspension and expulsion policy in accordance with the Skate Canada Complaint, Suspension and Expulsion Policy and Procedure that contains a provision for suspending or expelling of any member of the Club from such membership on terms and conditions that are deemed appropriate and necessary by the Club Board of Directors. This policy shall be approved by the Club Board of Directors from time to time and it shall be in writing and made available to all members in advance of its implementation. This policy must include an appropriate hearing and appeal process, which includes principles of due process, an appropriate reinstatement application process and an appropriate graduated series of disciplinary measures.
By-Law 7: Classes of Club Membership
The classes of membership, eligibility and privileges shall be as follows:
Individual membership: Non-skating members who have paid the fees as set by the club and are Associate Members of Skate Canada. Individual members of legal age of 18 shall be entitled to one vote at each Annual General Meeting and Special Meeting of the Club.
Active Membership: All eligible skaters who participate in a Club Skating Program and who have paid the fees as set by the club and are Associate Members of Skate Canada. All Active Members of the legal age of 18 shall be entitled to one vote at each Annual General Meeting and Special Meeting of the Club. (Underage Active Members have no vote but may be represented by Special Members). Excludes members of the CanPowerSkate Program.
Active Member (Non voting rights): An active member (Non-Voting rights) is a member
who meets the criteria of the Active Membership and is a participant in the CanPowerSkate program.
Special Membership: Parent or guardian of legally underage Active Members who have paid the fees as set by the Club and are Associate Members of Skate Canada. Each member shall have one vote. With the restriction that each person can only cast one ballot.
Partial Membership: All eligible skaters who are Associate Members or Restricted Members of Skate Canada through another HOME club and have paid a reduced fee as set by the Club. These members do not have voting privileges and they may not hold office.
Honorary Membership: The Annual Meeting of members may elect any person an Honorary Member of the club. An Honorary Member shall be exempt from club dues (but not Skate Canada dues)
Restricted Membership: A restricted member is an individual who is a paid employee (of the club, Section or Association), a non-active coach, a performing professional skater or a professional dance partner. A restricted member is not permitted be entitled to hold elected office, may not one vote at meetings, is not permitted to compete in competitions, and is not permitted to officiate at tests or competitions. [See Skate Canada By-law 1201 (1) (c) (xi), By-law 1202 (2) and Rule 2001.].
By-Law 8: Liability
The Club shall not be responsible for any damages, injury, or loss of property to any member, guest or visitor to the Club regardless of the reason or nature of such damage, loss or injury. Every member, guest or visitor shall use the Club facilities at his or her own risk. The Club shall participate in the Skate Canada Club Liability and Member Accident Insurance programs [Skate Canada By-law 1201 (1) (c) (viii)].
By-Law 9: Members of Board of Directors, Committees and Club Delegate to Skate Canada
The members of the Board of Directors, members and Chairs of committees, and the Club Delegate to Skate Canada must be members in good standing of the Club, be registered as Associate Members of Skate Canada, be of legal age, and be eligible persons (with the exception of the Coaching Representative) as defined by Skate Canada Rules.
By-Law 10: General Management of the Club
The general management of the club shall be vested in a Board of Directors consisting of Core Executive position including:
Title Elected Every
President Odd Year
Vice-President Even Year
Treasurer Odd Year
Secretary Even Year
Coaching representative Yearly
and other positions which may also include, but not be restricted to the following:
- Skating Program Director
- Events Director
- Club Development Director
The Core Executive has the right to hire on a contract basis for a maximum of twelve month period club required positions
By-Law 11: Holding of Board of Directors Office
The Board of Directors shall hold office until the close of the meeting at which their successors have been duly elected. Any member of the Board of Directors may be removed by the members by a 2/3 majority vote at a Special General Meeting duly called for that purpose.
By-Law 12: Fee payment
The CIub shall pay the fee for Associate Member of Skate Canada for all Board of Directors members.
By-Law 13: Core Executive Committee
There shall be a Core Executive committee of the Club consisting of the President, Vice President, Treasurer, Secretary and Coaches Representative. The Executive Committee shall oversee the implementation of policies set by the Board of Directors and shall oversee the operations of the Club. The Executive Committee shall have the powers of the Board of Directors between meetings and any decision by the Executive Committee in lieu of the Board of Directors must be brought to the next Board of Directors meeting for ratification. Meetings of the Executive committee shall be at the call of the President at such time and place as members of the Executive Committee shall decide is most convenient. A quorum of the Executive Committee shall consist of three members, including the President. A majority vote of those present shall be sufficient to decide any question.
By-Law 14: Voting at Board of Directors Meetings
A quorum of the Board of Directors shall consist of 50% plus 1 members of the Board of Directors, including the Chair and two members of the Core Executive committee (ByLaw 13) shall be present.
NOTE: Questions arising at any meeting of the Board of Directors shall be decided by a majority of votes. The meeting chair may vote only when the vote would change the result. Therefore the chair may vote to break a tie, and thus pass the motion, or to create a tie, and thus defeat a motion. A majority of the Board of Directors shall form a quorum. [Skate Canada law 1420 (5)]
By-Law 15: Board of Directors Vacancies
Casual vacancy occurring between any Annual General Meeting of the Club, may be filled, until the next Annual General Meeting by a majority vote of the remaining members of the Board of Directors or in the case of the Coaching Representative, by the coaching staff.
By-Law 16: Board of Directors Member Absenteeism
If a Board of Directors Member is absent for more than 3 consecutive scheduled Board of Directors meetings, without good cause and/or without prior notification to the President or Secretary, then that office may be declared vacant by a majority vote of the Board of Directors.
By-Law 17: Role of President
The President shall act as Chair of all Board of Directors and general meetings. In his/her absence, the Vice-president will fill this duty. The President shall chair the finance committee.
By-Law 18: Role of Vice-President
By-Law 19: Role of Treasurer.
b) Preparing (with help from the President and Vice-President) and submitting to the Board of Directors an annual budget and keeping such records as are required for financial review.
By-Law 20: Role of Secretary
a) Taking minutes at all meetings, as well as type them and distribute them to the Board via email before the next meeting.
Director of Programs:
Will oversee the operations of all skating programs including; CanSkate, STARSkate and Synchro. The director will be responsible for working with the CanSkate Parent Rep, the STARSkate Parent Rep and the Synchro Coordinator. The Director will be expected to communicate with these individuals and bring any concerns, updates and issues that they may have to the monthly board meetings. Also they will be expected to check the Skate NL website on a regular basis looking for important information that may need to be passed on to parents. The Director will be required to give a report to the board at each monthly meeting.
Director of Events
Will oversee the scheduling of Special Events and assist the organizers of such events, which include (but are not limited to) tests days, competitions and the Ice Show. The director will be responsible for working with the Test Chair(s), Competition Chair(s) and the Ice Show Coordinators. The director will be expected to communicate with these individuals and bring any concerns, updates and issues that they may have to the monthly board meetings. Also they will be expected to check the Skate NL website on a regular basis looking for important information that may need to be passed on to parents. The Director will be required to give a report to the board at each monthly meeting.
Director of Club Development
Will oversee all programs that relate to the development of our club and will ensure parents have been informed of all opportunities for their skaters. This includes, but is not limited to Skater Development, Fundraising, and Public Relations. The Director will be responsible for working with the Skater Development Coordinator, Fundraising Chair, and the Public Relations Chair. Must attend monthly board meetings and provide report to the board.
The Core Executive shall be elected every two years with half the executive elected each year at an annual general meeting. The Immediate Past President will remain on the Board of Directors for a term of 1 year.
The coaching representatives shall be elected as per Skate Canada by-laws.
By-Law 21: Committees – President and /or the Vice President as ex-officio member
The President and/or the Vice President shall be an ex-officio member of all committees.
By-Law 22: Committees: Eligibility to Serve
All Club Board of Directors and members of Committees shall be eligible persons and shall be of legal age (18 years). They must be members in good standing of the club and be Associate Members of the Association - Skate Canada By-law 1201 (1) (c) (ii).
Committees are a vital part of our organization and are needed for brainstorming and generating ideas. All ideas generated will be presented to the Board for approval. Upon approval the committee will help implement the program(s) decided on by the Board. The following is a list of Committee Coordinators that will report to their designated Director. These positions are for a one year term and are all up for nomination this year. These Coordinators will lead a committee (where appropriate) and the Coordinator will be invited to Board meetings on an as-needed basis.
Skater Development Coordinator:
Public Relations Coordinator:
Canskate Parent Representative:
STARskate Parent Representative:
Ice Show Coordinator:
By-Law 23: Board of Directors -Restrictions
No two Core executive positions can be held by immediate family members at any given time. No two Core Executive positions can be held by the same person. No more than 2 positions on the Board of Directors can be held by the same person.
By-Law 24: Rules of Order
Rules of order for all meetings, General and Board of Directors, shall be as outlined in Roberts Rules of Order in all cases in which they are applicable and consistent with the by-laws or special rules of the Association (Skate Canada By-law 1603).
SKATE CANADA CLUB DELEGATE AND REGION COUNCILORS
The Club Delegate to Skate Canada and/or the Section shall be appointed annually by the Board of Directors. The Delegate need not be a member of the Board of Directors. The Section and/or Skate Canada National Office shall be advised of the appointed delegate's name. The Club shall appoint a Councilor and an alternate Councilor to serve on the Region Council as required by the By-laws of the Region Council. The delegates and councilors shall report on activities at these meetings and shall be entitled to receive compensation for pre-approved expenses related to attendance at required meetings.
ANNUAL GENERAL MEETING
By-Law 26: Timing, Quorum, Special Meeting Request
An Annual General Meeting shall be held within 60 days of the close of the March 31st fiscal year. Other general meetings may be held from time to time upon the request of the Board of Directors or upon written request of 10 per cent of Club Members. [Skate Canada By-law 1201 (1) (c) (i) requires that each club hold an annual meeting. The quorum for the Annual General meeting should be 5 per cent of the voting membership including 50% of the Core Executive Committee.
By-Law 27: Written Notice
All eligible voting members of the Club shall be notified of all annual meetings at least 21 days in advance of the meeting. The notice shall include the time and place of the meeting.
By-Law 28: Voting on Club Elections
Voting on Club elections shall be by secret ballot and a simple majority shall elect a candidate. Voting on other matters may be by a show of hands. Nominations for candidates for the core executive positions may be made by any member in good standing with the Club, and must be submitted 3 days prior to the annual meeting. Core executive nominees may only accept one nomination for one core position, and may only be elected into that core position for which they have accepted the nomination. Nominations for the other Board positions may also be taken from the floor of the annual meeting. Each nominee must indicate acceptance of the nomination prior to the closing of nominations and commencement of elections.
By-Law 29: Eligibility to Vote
Voting for club elections or on any matters pertaining to skating shall be restricted to eligible club members who are registered as Associate Members of Skate Canada and are 18 years of age, to the club Coaching representatives, to Special Members of the club voting on behalf of their underage children (who are members of the club and registered as an Associate Member of Skate Canada) and Honorary members.
Special Members shall be restricted to one vote per child registered through the club, with the restriction that each person can only cast one ballot.
By-Law 30: Order of Business
The order of business at an Annual General Meeting of the Club shall be as follows:
- Reading of the Notice of Meeting
- Approval of Agenda
- Minutes of the preceding Annual General meeting
- Confirmation of the actions taken by the Board of Directors
- President’s Report
- Treasurer’s Report (Annual Financial Statement)
- Other Reports
- Amendments to the Constitution and By-laws
- Election of Board of Directors
- New Business
By-Law 31: Right to Submit, Process for Submitting
Any member of the Club, in good standing, may propose an amendment to the Constitution or by-laws of the club. This proposal must be submitted in writing to the Club Board of Directors. The proposed amendment will be presented to the Annual General Meeting or Special Meetings. All amendments must be submitted at least 21 days before the respective meeting. No amendment to the Constitution or By-laws of the Club shall be accepted from the floor at any meeting.
By-Law 32: Interim Amendments
By-laws may be enacted or amended by a majority vote (50% plus 1) of the Board of Directors whenever required. Such by-laws or amendments must be presented at the next General Meeting for ratification by the members. If they fail to be ratified, they will cease to be effective and may not be re-enacted by the Board of Directors for one calendar year.
By-Law 33: Voting of Amendments
Any amendment, to be accepted or ratified, must pass by a vote of 2/3 of those eligible to vote and present at an Annual General Meeting or General meeting of the Club.
By-Law 34: Effective Force of Amendments to By-laws
All amendments to the by-laws upon receiving approval of any general or special meeting of members shall come into force immediately or on a date specified for same. All such amendments shall be submitted to Skate Canada. Skate Canada reserves the right of refusal of any amendment. Such refusal shall only be made if the intent of such amendment is to violate, in principle or spirit, any Skate Canada rule and/or by-law.
The Treasurer and/or any core executive member with signing authority shall deposit all funds of the Club in such banks or other institutions as may be designated by the Board of Directors.
All disbursements of club funds shall be by cheque or other auditable document.
A person designated by the Board of Directors shall make a review of the financial transactions of the Club each year and the financial statements shall be made available to the membership of the Club.
By-Law 38: Dissolution
In the event that the club ceases to exist, the net assets from liquidation shall go to Skate Newfoundland and Labrador.
* A electronic copy of the Constitution is posted for information purposes for all CBS skating members. In the case of any errors or ommissions, please refer to the original constitution as held by the CBS Skating Club. Please contact the office for further information.