Archive for 2006 June

Toronto–Danforth Federal Green Party Association Constitution

1. The Toronto–Danforth Federal Green Party Association (the Association) is a subsection of the Green Party of Canada (the “Party”), and is bound by the constitution and bylaws of the Party.

2. The Association is formed pursuant to the provisions of the Canada Elections Act. The boundaries of the Association are the boundaries of the Electoral District of Toronto–Danforth, as those boundaries are set from time to time by the Government of Canada.

3. All members in good standing of the Party residing within the boundaries of the District of Toronto–Danforth are members of the Association. Only members of the Association are entitled to vote at meetings of the Association.

4. The Association shall hold an annual general meeting (“AGM”) once per calendar year and not more than fifteen months following the previous AGM.

5. The business of the AGM shall include the election of the Executive of the Association. The Executive shall be the governing body of the Association between general meetings.

6. The Executive of the Association shall be comprised of: [see Appendix 1]

  • Chief Executive Officer (CEO)
  • Financial Agent (FA)

In addition to the above, Elections Canada requires:

  • Auditor

The following required positions can be filled by executive members with other titles

  • Communications Chair
  • Organizing Chair
  • Membership Chair
  • Fundraising Chair

The following positions are recommended in addition to those above

  • Secretary
  • Administration Chair
  • Volunteer Chair

7. In the event of a vacancy on the Executive, the Executive may appoint a replacement who shall hold office until the position can be filled by election at the AGM of the Association.

8. The accounts of the Association shall be audited as required by the Elections Act.

9. The Association shall hold a nomination meeting to select a candidate for the Party in the Electoral District. Members of the Association who have been members for at least 60 days prior to the date of the nomination meeting may vote at the nomination meeting. [This is overruled by Green Party of Canada Bylaw 1.5.1, which states 30 days.] Lapsed members who update their membership at the nomination meeting may also vote at that nomination meeting.  Proxy votes shall be permitted.

10. Candidates seeking the party nomination in Toronto–Danforth must be nominated, in writing, by at least two members of the Association and must deliver that written nomination to the CEO at least 14 days before the date of the nominating meeting.

11. The Executive must set the date for the nomination meeting. The Executive shall provide notice to all members of the Association by regular mail, postmarked no later than 30 days prior to the nomination meeting.

12. In the event that only 1 candidate is duly nominated as set out in article 10, a vote by the members present will be held between the candidate and “None Of The Above” [NOTA]. In the event that 2 or more candidates are duly nominated, voting at the nomination meeting will be by preferential ballot. A candidate shall be declared nominated as the Party’s candidate for the Federal election when he or she receives at least 50% of the total number of the first votes or, if there is no clear majority on the first vote, at least 50% of the sum total of first votes and preferential second or subsequent votes.

13. In the event that a federal election has been called before a date for the nomination meeting has been set, the Executive may set the nomination meeting as soon as possible and must give notice of the meeting by telephone or email no less than 48 hours prior to the nomination meeting. In the event, candidates seeking the Party nomination in Toronto–Danforth may be nominated from the floor.

14. In the event where the membership of the Association and/or its executive, lose confidence in a nominee or candidate or vice-versa, any official member in a conflict situation, be they a member of the executive, or a nominee/candidate wishing to represent the Green Party of Canada, is obliged to use the following process and thus seek to resolve internal conflicts within the Party:

a) The disputing parties should seek the advice of the Provincial Division or the Ombuds & Appeals Committee, who may appoint facilitator or facilitators to mediate between the parties concerned. If a mutually acceptable mediator or mediators cannot be agreed upon, the Ombuds & Appeals Committee will appoint one.

b) If mediation between the parties is unable to resolve the dispute, the nominee or candidate, as well as the executive and the membership should be called to a meeting by the Association secretary. If this is not possible the mediator(s) appointed by either the Provincial Division or the Federal Ombuds & Appeals Committee to resolve the issues under discussion shall call a meeting of the Association.

c) Those eligible to attend the meeting and vote on any resolutions are those members who are in good standing in accordance with the constitution of the Association.

d) The chair of this meeting must ensure that all sides are given a fair chance to tell their side of the story and the chair may be appointed from outside the Association by the mediator(s).
For reasons of timeliness in the run-up or during an election, Council may choose to make a decision on such an issue without using this process.

15. This constitution may be amended by a 75% vote of approval with at least 10% of the members present at a general meeting, except that no change may be considered by the meeting unless notice of the change proposed has been given to the members by regular mail postmarked at least 2 weeks prior to the date of the general meeting.

16. The Association will continue as long as the Toronto–Danforth Electoral District exists with the boundaries at its time of founding. The Association may not change its name or merge or join with any other political party. Notwithstanding article 14, above, this article may not be amended without 90% consent of the membership.

17. Quorum [attendance required before decisions can be binding] for a general meeting of the Association shall be 10% of total riding membership.

18. Motions shall be passed with a minimum of 66% approval of the members present.

Appendix 1

According the Elections Canada:

An electoral district association must appoint one financial agent and one auditor. The financial agent is responsible for administering the association’s financial transactions and for reporting on them. If the Association has accepted contributions or incurred expenses of $5,000 or more in a fiscal year, its auditor must prepare an audit report on the association’s financial transactions return.

A registered association may also appoint electoral district agents, who are authorized to accept contributions and to incur and pay expenses on behalf of the association. Within 30 days of an agent’s appointment, the association must give the Chief Electoral Officer a report listing the name and address of the agent, any terms and conditions of the appointment, and a certification by the financial agent. The financial agent is considered to be an electoral district agent.

The constitution above was adopted at the 2006 November 21 Annual General Meeting.  Ignoring changes related to the formal name of the Association and changes related to northern and rural ridings, only articles 6 and 9 have been modified.  The previous constitution read as follows:

Toronto-Danforth Green Party of Canada Electoral District Association Constitution

1. The Toronto-Danforth Green Party of Canada Electoral District Association (the “EDA”) is a subsection of the Green Party of Canada (the “Party”), and is bound by the constitution and bylaws of the Party.

2. The EDA is formed pursuant to the provisions of the Canada Elections Act. The boundaries of the EDA are the boundaries of the Electoral District of Toronto-Danforth, as those boundaries are set from time to time by the Government of Canada.

3. All members in good standing of the Party residing within the boundaries of the District of Toronto-Danforth are members of the EDA. Only members of the EDA are entitled to vote at meetings of the EDA.

4. The EDA shall hold an annual general meeting (“AGM”) once per calendar year and not more than fifteen months following the previous AGM.

5. The business of the AGM shall include the election of the Executive of the EDA. The Executive shall be the governing body of the EDA between general meetings.

6. The Executive of the EDA shall be comprised of: [see Appendix 1]

  • Chief Executive Officer (CEO)
  • Financial Agent (FA)

In addition to the above, Elections Canada requires:

  • Auditor

Suggest to add:

  • Secretary
  • Membership Chair
  • Fundraising Chair
  • Volunteer Chair
  • Administration/Secretary

7. In the event of a vacancy on the Executive, the Executive may appoint a replacement who shall hold office until the position can be filed by election at the AGM of the EDA.

8. The accounts of the EDA shall be audited as required by the Elections Act.

9. The EDA shall hold a nomination meeting to select a candidate for the Party in the Electoral District. Members of the EDA who have been members for at least 60 days prior to the date of the nomination meeting may vote at the nomination meeting. The nomination meeting may be the deadline for a mail-in vote if the EDA is in a Northern Territory or Rural Riding.

10. Candidates seeking the party nomination in Toronto-Danforth must be nominated, in writing, by at least two members of the Constituency Association and must deliver that written nomination to the President of the Executive at least 14 days before the date of the nominating meeting.

11. The Executive must set the date for the nomination meeting. The Executive shall provide notice to all members of the EDA by regular mail, postmarked no later than 30 days prior to the nomination meeting.

12. In the event that only 1 candidate is duly nominated as set out in article 10, a vote by the members present will be held between the candidate and “None Of The Above” [NOTA]. In the event that 2 or more candidates are duly nominated, voting at the nomination meeting will be by preferential ballot. A candidate shall be declared nominated as the Party’s candidate for the Federal election when he or she receives at least 50% of the total number of the first votes or, if there is no clear majority on the first vote, at least 50% of the sum total of first votes and preferential second or subsequent votes.

13. In the event that a federal election has been called before a date for the nomination meeting has been set, the Executive may set the nomination meeting as soon as possible and must give notice of the meeting by telephone or email no less than 48 hours prior to the nomination meeting. In the event, candidates seeking the Party nomination in Toronto–Danforth may be nominated from the floor.

14. In the event where the membership of an EDA and/or its executive, lose confidence in a nominee or candidate or vice-versa, any official member in a conflict situation, be they a member of the executive, or a nominee/candidate wishing to represent the Green Party of Canada, is obliged to use the following process and thus seek to resolve internal conflicts within the Party:

a) The disputing parties should seek the advice of the Provincial Division or the Ombuds & Appeals Committee, who may appoint facilitator or facilitators to mediate between the parties concerned. If a mutually acceptable mediator or mediators cannot be agreed upon, the Ombuds & Appeals Committee will appoint one.

b) If mediation between the parties is unable to resolve the dispute, the nominee or candidate, as well as the executive and the membership should be called to a meeting by the EDA secretary. If this is not possible the mediator(s) appointed by either the Provincial Division or the Federal Ombuds & Appeals Committee to resolve the issues under discussion shall call a meeting of the EDA.

c) Those eligible to attend the meeting and vote on any resolutions are those members who are in good standing in accordance with the constitution of the EDA. In large rural EDAs, where it is impossible to bring all the members together in one meeting, the potential for special balloting: i) by email, ii) by fax, iii) and by regular mail shall be permitted.

d) The chair of this meeting must ensure that all sides are given a fair chance to tell their side of the story and the chair may be appointed from outside the EDA by the mediator(s).

For reasons of timeliness in the run-up or during an election, Council may choose to make a decision on such an issue without using this process.

15. This constitution may be amended by a 75% vote of approval with at least 10% of the members present at a general meeting, except that no change may be considered by the meeting unless notice of the change proposed has been given to the members by regular mail postmarked at least 2 weeks prior to the date of the general meeting.

16. The EDA will continue as long as the Toronto–Danforth Electoral District exists with the boundaries at its time of founding. The EDA may not change its name or merge or join with any other political party. Notwithstanding article 14, above, this article may not be amended without 90% consent of the membership.

17. Quorum [attendance required before decisions can be binding] for a general meeting of the EDA shall be 10% of total riding membership.

18. Motions shall be passed with a minimum of 66% approval of the members present.

Appendix 1

According the Elections Canada:

An electoral district association must appoint one financial agent and one auditor. The financial agent is responsible for administering the association’s financial transactions and for reporting on them. If the association has accepted contributions or incurred expenses of $5,000 or more in a fiscal year, its auditor must prepare an audit report on the association’s financial transactions return.

A registered association may also appoint electoral district agents, who are authorized to accept contributions and to incur and pay expenses on behalf of the association. Within 30 days of an agent’s appointment, the association must give the Chief Electoral Officer a report listing the name and address of the agent, any terms and conditions of the appointment, and a certification by the financial agent. The financial agent is considered to be an electoral district agent.