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Club Constitution


This Constitution passed the approval of members' parents at our annual general meeting of April 26' 2006. However, please note it is still pending approval from Skate Canada.

East Hants Skating Club
Constitution

Club Number 1001118


Adopted 26 April 2006

ARTICLE 1: EAST HANTS SKATING CLUB

The Name of the Club shall be East Hants 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 Executive and board of directors for the general purpose of providing Skate Canada figure skating or 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 Nova Scotia 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 relation to that club. [Skate Canada by-law 1201 (1) (c) (iv).]

MEMBERSHIP

By-law 1: Club Membership
Membership in the Club shall be open to all, irrespective of gender, creed, colour or age (based on programs offered).

By-law 2: Skate Canada and Club By-laws, Rules and Regulations
All members shall uphold, observe and conform to the Rules of Skate Canada, the by-laws of the Club and such regulations as set forth from time to time by the Executive 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 current Skate Canada By-laws, Amendments, Policies and Procedures.)

By-law 4: Member in Good Standing
To be considered in good standing, all members of the club must pay club fees as are stipulated by the club executive. Members will not be permitted to take part in any club activities if these fees are not paid within thirty (30) days of the date set for payment. Members in arrears shall be considered as having terminated their 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 Club Executive 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 executive may, by written notice, terminate membership of a member for acting contrary to the Rules and Regulations of Skate Canada or the club. The Executive shall give to the individual a written explanation for the termination of membership on request. The individual, if he/she so desires, shall have the right of appeal to the Club’s Board of Directors. [See Skate Canada By-law 1204].

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.

• 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. Underage Active Members have no vote but may be represented by a parent or legal guardian.

• 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.

• Partial Membership: All 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 and are not eligible to vote.

• Restricted Membership: A restricted member is an individual who is a paid employee of the club (i.e.: Program Manager), or a non-active coach, or a performing professional skater or a professional dance partner. A restricted member is not permitted to hold elected office, may not vote at meetings on matters affecting their role as a paid employee, 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 Rules 2001.]

LIABILITY

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; and further, every member, guest or visitor shall use the Club facilities at his or her own risk. The Club facilities shall include any building or buildings in which the Club is hosting an event, practice or meeting. The Club shall participate in the Skate Canada Club Liability and Member Accident Insurance programs. [See Skate Canada By-law 1702, 1201 (1) (c) (viii)].






CLUB MANAGEMENT

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 an Executive consisting of: immediate Past President, President, Vice-President, Secretary, Treasurer, Test Chair, up to (6) Director(s) at large and a Coaching Representative. All of the above, with the exception of the Past President and the Coaching Representative and Directors at large shall be elected for 2-year terms at the Annual General Meeting. The President and Vice President shall be elected in even numbered years and the Secretary, Treasurer and Test Chair shall be elected in odd numbered years. The Coaching Representative shall be elected annually by and from within the coaches of the club. The Past President shall be ex-officio and shall hold office until a new President has been duly elected.

The coaching representative shall be elected as per Skate Canada by-laws.

By-law 11: Holding of Executive Office and Board of Directors Office
The Executive and Board of Directors shall hold office until the close of the meeting at which their successors have been duly elected. Any member of the Executive or 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: 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 the Coaching Representative. NOTE: Questions arising at any meeting of the Board of Directors shall be decided by the majority of votes. [Skate Canada By-law 1420 (5)].

By-law 13: Voting at Executive Meetings
A quorum for Executive meetings shall be an odd number and be more than 50% of the total number of the executive members, including the chair.

By-law 14: 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 Executive or in the case of the Coaching Representative, by the coaching staff.

By-law 15: Executive and Board of Directors Member Absenteeism
If an Executive or Board of Directors Member is absent for more than 2 consecutive scheduled Board of Directors meetings and Executive, 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 16: Role of President
The duties of the President are as follows:

• The President shall supervise all general management of the affairs of the Club.
• The President shall act as Chair of all executive and general meetings.
• The President shall be an ex-officio member of all standing committees.
• The President shall appoint standing committee Chairs whom shall look after duties assigned to them. All Committee Chairs must submit the names of their committee members to the President for approval.
• The President shall perform duties incidental to the office, and in addition, if, in the opinion of the President, an emergency arises, the President shall after confirming the decision with another of the Executive or Coaches Representative have the power to take all necessary steps for the
benefit of the Club as if a meeting of the Executive had been called and the action, which the President deems advisable to take, had been specially authorized by the Club Executive.
• The President along with either, the Vice-President, or Treasurer shall sign all cheques and legal documents.

By-law 17: Role of Vice President
The duties of the Vice-President are as follows:

• The Vice-President shall fulfill the duties of the President in the absence of, disability of, or the refusal of the President to act.
• The Vice-President shall perform any duties assigned by either the President, or the Club Executive.
• The Vice-President along with either, the President, or Treasurer shall sign all cheques and legal documents.


By-law 18: Role of Treasurer
The duties of the Treasurer are as follows:

• The Treasurer shall be responsible for the safe control and custody of all funds of the Club.
• The Treasurer shall deposit the funds of the Club in a chartered bank designated by the Club Executive.
• The Treasurer is responsible for maintaining complete and accurate books showing:
o The financial transactions of the Club.
o The assets and liabilities of the Club.
o The receipts and disbursements of the Club.
• The Treasurer shall report when directed, the financial position of the Club.
• The Treasurer shall prepare and submit to the Executive an annual budget and keeping such records as are required for audit.
• The Treasurer along with either, the President, or Vice-president shall sign all cheques and legal documents. NO signing officers shall be related.
• The Treasurer shall fulfill the duties properly assigned by either the Club Executive or by the President.


By-law 19: Role of Secretary
The duties of the Secretary are as follows:

• The Secretary shall issue notices for meetings of the Club Executive and of the Club at the times and in the manner specified by these By-laws.
• The Secretary shall have charge of the minute books of the Club Executive and of the Club itself.
• The Secretary shall record accurately the proceedings of the meetings of the Club Executive and of the Club.
• The Secretary shall sign documents and instruments that require the Secretary’s signature
• The Secretary shall process and deal with all the correspondence subject to approval of the President or delegate of that office.
• The Secretary shall be responsible for submitting to Skate Canada and the Section such reports as required by Skate Canada rules and regulations.
• The Secretary shall fulfill the duties properly assigned by either the Club Executive or by the President.

By-law 20: Committees – President as ex-officio member
The President shall be an ex-officio member of all committees.

By-law 21: Committees – Appointment
The President shall appoint standing committee Chairs whom shall look after duties assigned to them. All Committee Chairs must submit the names of their committee members to the President for approval.

By-law 22: 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

By-law 23:
The Club Delegate to Skate Canada and/or the Section shall be appointed as needed by the Executive. 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 delegate 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 24: Timing, Quorum, And Special Meeting Request
An Annual General Meeting shall be held within sixty (60) days of the close of the winter skating season. Other general meetings may be held from time to time upon the request of the Executive or upon written request of fifteen (15) per cent of Club Members. A quorum for an Annual General Meeting or Special Meeting shall be fifteen (15) per cent of the eligible-voting members. [Skate
Canada By-law 1201 (1) (c) (i)]

By-law 25: Written Notice
Written notice of all Annual General Meeting and Special Meetings shall be provided 15 days in advance to each eligible voting member. The notice shall include the time and place of the meeting, the agenda, full details of any proposed amendments to these By-laws, and a complete list of the candidates nominated for elections.

By-Law 26: 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.

By-law 27: 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 representative(s) and 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).

Special Members shall be restricted to one vote per registered membership through the club.


By-law 28: 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
• Quorum
• Approval of Agenda
• Minutes of the preceding General Meeting
• Confirmation of the actions taken by the Board of Directors
• Secretary’s Report
• Treasurer’s Report (Annual Financial Statement)
• Other Reports
• Election of Board of Directors
• Amendments to the Constitution and By-laws
• Appointment of Auditors (as applicable)
• New Business



AMENDMENTS

By-law 29: 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 Executive. 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 30: Interim Amendments
By-laws may be enacted or amended by a majority vote (50% plus 1) of the Executive 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 Executive for one calendar year.

By-law 31: Voting of Amendments
Any amendment, to be accepted or ratified, must pass by a vote of majority of those eligible to vote and present at an AGM of the Club.

By-law 32: 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.

FUNDS

By-law 33
The Treasurer shall deposit all funds of the Club in such banks or other institutions as may be designated by the Executive.

By-law 34
All disbursements of club funds shall be by cheque or other auditable document.


By-law 35
An accountant or an independent bookkeeper designated by the Executive shall make a review of the financial transactions of the Club each year. The financial statements shall be made available to the membership of the Club at the Annual General Meeting.




By-law 36 Dissolution
In the event that the club ceases to exist, the net assets from the liquidation shall go to a charity to be selected by the Board of Directors where no Director will directly benefit from the donation.



COMMITTEES

Committees will be established as required to ensure the efficient and effective operation of the Club. All Committee Chairpersons will report to the Board of Directors.

Adopted by East Hants Skating Club on ______ of ______________, 2006.

Signed by President: ____________________ Date: __________

Signed by Vice-President: ________________ Date: __________


 
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