CONSTITUTION OF THE WHITBY FIGURE SKATING CLUB
Name of Club: Whitby Figure Skating Club
Club Number: 1000523
Date of Incorporation: November 16, 1970
Date of Revision to Constitution: April 12, 2011
ARTICLE 1: NAME OF CLUB
The name of the club shall be the WHITBY FIGURE SKATING CLUB, hereinafter called the “Club” and located in the Town of Whitby in the Region of Durham, in the Province of Ontario.
It is the mission of the club to promote, foster and encourage growth and development of recreational, test and competitive skating; assist recreational, test and competitive skating and participation in competition; to maintain a club that will provide membership for individuals in the Town of Whitby.
ARTICLE 2: SKATE CANADA
a) A not-for-profit figure skating club or skating club, or the figure skating or skating section of a not-for-profit figure 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 figure skating or skating programs for Skate Canada members (Skate Canada By-laws 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 (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 regulation as per Skate Canada By-Law 1201 (1) (c) (iv).
d) The Club is located in the Eastern Ontario 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 aspects 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 member.
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 programs 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 statue governing a club has precedence over any inconsistent Skate Canada By-law relating to that club. (Skate Canada By-Law 1201 (1) (c) (iv)).
BY-LAWS OF THE
WHITBY FIGURE SKATING CLUB
(Name of 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 be Skate Canada. See (Skate Canada By-Law 1201 (1) (c) (ix), Skate Canada By-Law 1202 (1) (a), Rule 1201, 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 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 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 be the Club Board of Directors. This policy shall be approved be the Club Board of Director 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 graduate series of disciplinary measures. (See Skate Canada By-law 1204).
BY-law 7: Classes of Club Membership
The classes of membership, eligibility and privileges shall be as followed:
a) Individual Membership: Non-skating members who have paid the fees 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. Individual members may hold office. (This membership would normally include the Club Board of Directors, Skate Canada officials and other adults serving on Club committees.)
b) Active Membership: All eligible skaters who participate in a Club Skating Program and who have paid the fees as set out 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) (This membership would include the actual skating members).
c) 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. See By-law #26 for voting eligibility.
d) Partial Membership: All eligible skaters who are Associate Member or restricted Member of Skate Canada through another HOME club and have paid a reduced fee as set by the Club. Partial Members are not eligible for Club bursaries, do not have a vote and may not hold office. (This membership is used to cover skaters who are members of other clubs and who require extra ice time, etc.)
e) Honourary Membership: The Annual Meeting of members may elect any person an Honourary Member of the Club. An Honourary Member shall be exempt from club dues (but not Skate Canada dues). The Club will pay all Skate Canada dues on behalf of the Honourary Member. Honourary Members shall not vote at meetings of the Club unless otherwise qualified. They may have a voice at the meeting of the Club. Any member designated an Honourary Member shallremain as such and the club shall pay all Skate Canada fees so long as required. (This membership is for persons who through their past endeavours deserve such recognition).
f) 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 to hold elected office, may not 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.) (This membership is an individual who is a paid employee, non-active coach, a performing professional skater or a professional dance partner)
g) Active Membership (Non-Voting rights): An active Member (Non-Voting rights) is a member of the CanPowerSkate program. (Skate Canada By-law 1201 (1) (c) (i) and 1202 (1) (e)).
By-law 8: Liability
The Club shall not be responsible for any damages, injuries, or loss of property to any members, 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 risk. The Club shall participate in the Skate Canada 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 in good standing, be registered as an Associate Members (see Individual Membership) 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
a) Board of Directors
The general management of the club shall be vested in a Board of Director consisting of:
2. Immediate Past President
3. 1st Vice President
4. 2nd Vice President
7. Coaching Representative
And seven (7) Directors at Large consisting of the following:
5. Public Relations
6. Synchronized Skating
7. Ways & Means
b) Term of Office:
With the exception of the Past President, President and Coaching Representative, of the above shall be elected for one-year terms at the Annual General Meeting. The Coaching Representative shall be elected annually by and from within the coaches of the Club in accordance with Skate Canada By-laws. The President will be elected at the Annual General Meeting for a two-year term. The Past President shall be ex-officio and shall hold office until a new President has been duly elected.
c) Board Meetings:
The Board of Directors shall meet at least monthly.
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: Voting at Board of Directors Meeting
A quorum of the Board of Directors shall consist of 50% plus1 member of the Board of Directors, including the chair. Questions arising at any meeting of the Board of Directors shall be decided by a majority of votes. The meeting chair may vote 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 to defeat a motion. A majority of the Board of Directors shall form a quorum. (Skate Canada By-law 1420 (5)).
By-law 13: 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 Board of Directors or in the case of the Coaching Representative, by the coaching staff.
By-law 14: Board of Directors Members 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. Notification to the member will be within 7 days.
By-law 15: Role of President, Past President and Vice President
The President shall act as Chair of all Board of Directors and general meetings. In his/her absence, the 1st Vice President will fill this duty. All legal documents shall be signed by the President and one of: Secretary or 1st Vice President.
b) The Past President
The Past President will sit on the Executive Board in an advisory capacity for the same term as their successor holds the Presidency.
c) The 1st Vice President
In the absence of the President, carries out the duties of the President. Responsible for the transactions between Professional Coaches and the Club. In conjunction with the President, commits to ice usage with the Municipality.
d) The 2nd Vice President
In the absence of the 1st Vice President, carries out the duties of the 1st Vice President. Responsible for the organization, planning and instruction assignments for the CanSkate Program Assistants. Organizes attendance at Program Assistants Clinics.
By-law 16: Role of Treasurer
The Treasurer shall be responsible for the safe control of all club funds, for preparing and submitting to the Board of Directors on a regular basis an annual budget and keeping such records as are required for financial review. The Treasurer is also responsible for arranging for an audited annual financial statement. All cheques shall be signed by the Treasurer and one of : President, 1st Vice President.
By-law 17: Role of Secretary
The Secretary shall deal with all correspondence subject to the approval of the President or his/her delegate, shall issue all notices for the Board of Directors and general meetings, shall take minutes at all meetings , and shall be responsible for submitting to Skate Canada and the Section such reports as are required by Skate Canada rules and regulations.
By-law 18: Committees – President as ex-officio member
The President shall be an ex-officio member of all committees. In the absence of the President, refer to By-law #15.
By-law 19: Committees – Appointment
The Board of Directors shall appoint standing committee chairs who will be responsible for the duties assigned to them. All Committee Chairs must submit the names of their committee members to the President for approval.
By-law 20: 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).
By-law 21: Rules of Order
Rules of order for all meetings, General and Board of Directors, shall be as outlined in Robert’s 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
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 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
a) Timing, Quorum, Special Meeting Request
An Annual General Meeting shall be held within 30 days of the close of the winter skating season or March 31st, whichever comes first. Special meetings may be held from time to time upon the request of the Board of Directors or upon written request of 10% of Club Members. A quorum for an Annual General Meeting or Special Meeting shall be 10% of the eligible-voting members -present or by proxy. Eligible voting members, who are unable to personally attend an Annual General Meeting, may give their proxy, in a form prescribed by the Club, to an individual Member, Active Member of legal age, or Special Member for the purpose of voting. No person carrying proxies may exercise more than 6 votes. Proxies shall be handed to the President prior to the start of the meeting. (Skate Canada By-law 1201 (1) (c) (i) requires that each Club hold an Annual General Meeting.)
b) Adjournments of Annual General Meeting or Special Meetings
Subject to a majority vote, any meeting of the Club may be adjourned at any time and such business may be transacted at the adjourned meeting as could have been transacted at the original meeting from which such adjournment took place. Such adjournment may be made not withstanding that a quorum is not present.
By-law 24: Written Notice
Written notice of all Annual General Meetings 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. Such other notice shall be placed in the local newspapers having general circulation in the Town of Whitby and on public bulletin boards at least 15 days prior to the Annual General Meeting or Special Meeting. Any Constitution and By-law amendments must be made available at the arena for membership perusal at least 15 days prior to all Annual General Meetings or Special Meetings.
By-law 25: 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. Immediately following elections, a motion shall be made to destroy the ballots.
By-law 26: 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 and are eligible to vote; 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 underage active member in the family.
By-law 27: Order of Business
The order of business at an Annual General Meeting of the Club shall be as follows:
- Read of the Notice of Meeting
- Approval of Agenda
- Minutes of the preceding General/Special meeting
- Confirmation of the actions taken by the Board of Directors
- President’s Remarks
- 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
By-law 28: 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 30 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 29: 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-law30: 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, or by proxy, at an Annual General Meeting of the Club.
By-law-31: Effective Force of Amendments to By-laws
All amendments to the By-laws upon receiving approval of any general or special meeting of members and upon approval of the provincial government (if applicable) shall come into force immediately or on a date specified for same. All such amendments shall be submitted to Skate Canada – Eastern Ontario Section. 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.
By-law 32: Fund Deposits
The Treasurer shall deposit all funds of the Club in such banks or other institutions as may be designated by the Board of Directors. The Treasurer must seek Executive approval to invest or re-invest club funds for periods greater than 90 days.
By-law 33: Disbursements
a) All disbursements of Club funds shall be by cheque or other auditable document.
b) The Board of Directors in its management and operation of the Club shall have the power to buy, sell or lease or rent, incur debit or borrow, enter into contracts on behalf of the members to further the purpose of the Club.
By-law 34: Financial Statements
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 35: Dissolution
By-law 35.1: In the event that the club ceases to exist, the Section shall hold the net assets from liquidation in trust for a future Skate Canada, not-for-profit skating club in the Town of Whitby.
By-law 35.2: In the event that the organization should dissolve, the distribution of the organization’s assets and property held or acquired from the proceeds of the licensed lottery events (ie. lottery trust accounts or property purchased with lottery proceeds) to charitable organizations that are eligible to receive lottery proceeds in Ontario.
By-law 36: Finance Committee
This committee shall consist of the Treasurer as Chair and the President and 1st Vice President. It shall be responsible for preparing the Club’s annual budget and supervising the finances of the Club including the presentation of an independently reviewed annual statement of revenues and expenditures to its members.
By-law 37: Nominating Committee
This committee is responsible for selecting at least a full slate of candidates for election to the Club Board of Directors and shall present such a slate to the Board of Directors no later than 21 days before an Annual General Meeting in the year which an election is to be held. The Nominating Committee shall consist of a minimum of two members, one from the Board of Directors and one from the membership. Other nominations may be made by any member in good standing by a written submission to the nominating committee at least 7 days before the Annual General Meeting. Each nominee must indicate acceptance in writing prior to the commencement of elections. Nominations from the floor at the Annual General Meeting will not be accepted.
By-law 38: Membership Chair/Committee
This Chair/Committee is responsible for promoting and developing membership in the Club and for ensuring submission of Club and member registrations to Skate Canada. Organize and supervise registration day(s).
By-law 39: Skating Programs
a) Skating Programs Committee – This committee shall comprise of the President, 1st Vice President, the Coaching Representative and the following chairs: Membership, Recreational, Session and STARSkate Test/Competition. In consultation with the Club coaching staff the committee shall be responsible for evaluating needs of all Club members for ice schedules. Organizes schedule of ice requirements for recommendation to the Board of Directors. Coordinate and oversee implementation and delivery of all Skate Canada skating programs including but not limited to CanSkate, CanPowerSkate, Synchronized skating, STARSkate, CompetitiveSkate, and Talent Identification and Development. Reporting to the Skating Programs Committee is the recreational skating programs sub-committee.
b) Recreational Chair – This position will chair the Recreational Committee. Develop a committee that is representative of all recreational skating offered at the Club.
c) Session Chair – This position will chair the Sessions Committee. Develop a committee that is representative of all test and competitive skaters in the Club.
d) Test Chair – Arranges and supervises all test days. Is the Chair of the Test Committee. Maintains records of skaters’ test results, prepares test records for Skate Canada. Distributes competition literature from other clubs. Maintains records on skaters entering competitions. Responsible for signing skaters’ competition entry forms along with the President. Promote Judges Schools for potential judges.
In the event that the Club receives a sanction to host a competition, that year a Competition Chair, outwith of the current Board of Directors, will be elected by the Executive Board.
e) Synchronized Chair – This position is filled by the Chair of the Synchronized Skating Committee also known as the President of the Whitby Synchronized Skating Teams (WSST).
f) Sub-Committees – Special program sub-committees as deemed necessary by the Club may be formed. These sub-committees may include but are not limited to:
· Ice Show Committee – an Ice Show Chairperson shall be appointed at those times the Executive elects to hold an Ice Show. The Ice Show Chairperson shall be responsible for the planning and production of the Ice Show. A Club Professional Coach may be appointed to produce the show, but shall not assume the position of Chairperson of the Ice Show Committee. The Ice Show Committee will strike a budget and present to the Executive for approval.
· STARSkate Test Committee – Members of the STARSkate Test Committee will assist in the efficient operation of Test Days. Assist in necessary record keeping, act as ice captains, music attendants and necessary hospitality. Test Chairperson will chair the STARSkate Test Committee.
· Recreation Program Committee – This committee is responsible for the smooth operation of group sessions within the recreational programs. Maintain records for recreational sessions. This committee should include the CanSkate Coordinator from each CanSkate session and a coach contracted to instruct CanPowerSkate. Generally provides a liason between skaters / parents and the Club Executive. The Recreational Committee Chairperson or delegate, will report monthly at the Executive meeting (The Recreational Chair carries the vote on the Executive Board).
· Sessions Committee – This committee shall be responsible for the supervision of all STARSkate, CompetitiveSkate and AdultSkate sessions, for the preparation of rules governing behavior on or around the ice, preparation of music lists and generally providing a liaison between skaters / parents and the Club Executive. A member of the Sessions Committee will be responsible for maintenance control of all electronic and music equipment, research and recommend new or replacement equipment. The Sessions Committee Chairperson, or delegate, will report monthly at the Executive meeting. (The Session Chair carries the vote on the Executive Board)
By-law 40: Ways & Means Chair/Committee
Responsible for all fund-raising in the Club. Responsible for the Club’s Bingos. Ways and Means is chairperson of the fundraising committee. Researches and recommends appropriate merchandise for fund-raising.
By-law 41: Public Relations Chair/Committee
Responsible for regular newsletter to Club members and notices to the media. Generally promoting awareness of the Club within the Municipality, including the WFSC website. Maintain bulletin boards with appropriate information.
By-law 42: Club Policies
The functions of the Club and the conduct of its members shall be governed by the WFSC Policy Manual where those functions do not fall under the By-laws, Rules and Regulations of Skate Canada, the Constitution & By-laws of the Club or Robert’s Rules of Order.
By-law 43: Whitby Synchronized Skating Teams (WSST) Committee
The WSST, being incorporated and legally identified as an Ontario not-for-profit corporation, separate from the incorporated WFSC, with its own Constitution & By-laws, shall follow all By-laws of the WFSC, except as stipulated below:
a) WSST Committee:
The WSST Committee shall hold its own Board of Directors with the positions consisting of but not limited to:
1. Chair 2. Past Chair
3. Vice-Chair 4. Treasurer
5. Secretary And three (3) Directors at Large
b) WSST Annual General Meeting: The WSST shall hold an AGM meeting annually, which is separate from the WFSC AGM and held within 60 days from each January 1st, whereby members of the committee are elected by the WSST skating membership.
c) Eligibility to Vote: Voting for the Club elections or on any matters pertaining to the WSST shall be restricted to members registered in a WSST program as specified by the WSST Constitution & By-laws.
d) Term of Office: All positions shall be elected for a one-year term at the WSST Annual General Meeting, with the exception of the Past Chair.
e) Roles and Responsibilities of the WSST Board of Director Members: The roles and responsibilities of the WSST Board of Directors shall be as stated in the WSST Constitution & By-laws.
f) Dissolution: In the event that the WSST ceases to exist, the WFSC shall hold the net assets and property in trust for future Whitby Synchronized Skating Teams for a period of 6 years after which all monies will be deposited into a WFSC skater development trust fund.
g) WSST Constitution & By-Laws and Policies: Revisions to the WSST Constitution & By-laws and policy manual will be provided to the WFSC within 30 days of change.
Whitby Figure Skating Club
on the 12th day of April, 2011