PREAMBLE
These By-Laws, in general, pertain to matters of Group organization not covered by the By-Laws and Regulations of The Professional Institute of the Public Service of Canada, hereinafter referred to as the “Institute”, and are made pursuant to those By-Laws and Regulations.
DEFINITIONS
“Majority” means 50% + 1 of Regular members.
“Employer” shall be defined in the Group’s collective agreement.
“Headquarters” means the headquarters or head office of the Canadian Nuclear Safety Commission or its successor and any other offices within the National Capital Region.
“Regular Member” means those who meet the requirements of By-Law 3.
“Executive of the Group” means those who are defined in By-Law 6.
“Scrutinized Location” means a location where facilities and procedures have been put in place to allow regular members to participate and vote in a meeting without having to travel to the location where the meeting is being held.
“Scrutineer” means a Regular member who has been appointed to tally the votes of all Regular members who are attending a meeting from a scrutinized location.
BY-LAW 1 NAME
The name of this organization shall be the Nuclear Regulatory Group of the Professional Institute of the Public Service of Canada, hereinafter referred to as the "Group".
BY-LAW 2 GROUP AIM
The aim of the Group shall be to further the professional interests of its members; to protect the status and standards of their professions; to formulate and express the views of the members on matters affecting them, and to ensure that the interests of the Group are represented in all proceedings of the Employer and of the Institute that may affect the Group. The Executive of the Group shall speak for the Group in dealing with the Institute. This in no way infringes on the right of individuals to approach the Institute on their own behalf.
BY-LAW 3 MEMBERSHIP
3.1 Any person who belongs to the bargaining unit for which the Institute is certified as bargaining agent, and who has made application and has been accepted for Institute membership, shall be termed a “Regular member”.
BY-LAW 4 RIGHTS OF MEMBERS
4.1 Only Regular members shall be eligible to vote on matters related to collective negotiations, including the method of dispute resolution and the ratification of proposed collective agreements.
4.2 Only Regular members shall be eligible to hold office, nominate other Regular members for positions on the Executive of the Group, propose amendments to the Constitution and By-Laws of the Group, and vote in Group affairs.
4.3 All regular members shall be eligible to attend and speak at General Meetings of the Group and serve on Group committees.
BY-LAW 5 FINANCES
5.1 Fiscal Year: The fiscal year of the Group shall be the calendar year.
5.2 Expenditures: The Executive of the Group shall expend such monies as it considers necessary for the conduct of the business of the Group.
5.3 Bank Account: The Executive of the Group shall maintain an account in the name of the Group and the Institute at a financial institution of its choice for the deposit of the funds of the Group.
5.4 Signatures: Financial transactions shall require the signatures of any two (2) of the President, Vice-President, Secretary and Treasurer of the Group.
5.5 Auditing: As required, by the Institute practices, auditing and verification procedures shall be carried out by Regular members who are not responsible for the administration of Group funds. These Regular members shall be appointed by the Executive of the Group.
BY-LAW 6 EXECUTIVE OF THE GROUP
6.1 Composition: The Executive of the Group shall be composed of up to nine (9) Executive members elected among all Regular members.
6.2 The Executive Officers shall be a President, a Vice-President, a Secretary and a Treasurer. All other Executive members shall be members-at-large.
6.2.1 Term of Office: All Executive members shall be elected for a two (2) year term of office.
6.2.2 The President can serve a maximum of two (2) consecutive terms office.
6.3 Meetings: The Executive of the Group shall meet as frequently as is required, but at least twice a year.
6.4 Quorum: A quorum shall consist of a majority of the executive members of the Executive of the Group.
6.5 Voting: Decisions shall be by majority vote.
6.6 Vacancies: If a position, other than that of the President, becomes vacant for any reason, the remaining officers of the Executive of the Group may, at their next meeting, act to fill the vacancy until the end of the original term of office.
6.6.1 If the position of the President becomes vacant for any reason, the Vice-President shall become President until the end of the original term of office. The position of Vice-President shall then be filled in accordance with these By-Laws.
6.6.2 Any officer who is absent from two (2) consecutive meetings of the Executive of the Group without a reason validated by the President shall be considered to have resigned from the Executive of the Group.
BY-LAW 7 DUTIES OF THE EXECUTIVE
7.1 President: The President shall call and preside at all meetings of the Group and of the Executive of the Group.
7.2 Vice-President: The Vice-President shall assist the President in the performance of his/her duties and, in the absence of the President, perform the duties of that position.
7.3 Secretary: The Secretary shall be responsible for sending notices of all meetings of the Group and of the Executive of the Group. The Secretary shall record minutes of meetings, including attendance, maintain records and correspondence of the Group and of the Executive of the Group, and shall ensure that copies of minutes are filed with the Institute.
7.4 Treasurer: The Treasurer shall maintain the financial records of the Group as required by Institute policy, prepare a financial report for each General Meeting of the Group, submit a detailed financial statement to the Institute as required, and prepare the request for the annual allowance of the Group. Copies of the financial report shall be available to all Regular members.
7.5 Members-at-Large: Members-at-Large shall perform such duties as may be assigned by the Executive of the Group.
7.6 Committees The Executive of the Group shall establish committees as necessary, with terms of reference and membership to be decided by the Executive of the Group. Committees shall be dissolved by majority vote of the Executive of the Group.
BY- LAW 8 ELECTIONS
8.1 The Executive of the Group shall appoint an Elections Committee to receive nominations for positions on the Executive of the Group, and to conduct the elections. Any member of the Elections Committee who becomes a candidate in the election shall resign from the Elections Committee.
8.2 The Elections Committee shall distribute a request for nominations to all Regular members of the Group at least four (4) weeks prior to the closing date for nominations.
8.3 Nominations must be supported by at least two (2) Regular members and the nominee must indicate a willingness to serve if elected.
8.4 Nomination forms must be received at the National Office of the Institute by the close of business on a date to be determined by the Elections Committee. In the event that insufficient nominations are received to fill the vacancies, the Elections Committee shall attempt to obtain the names of additional persons willing and able to fill the remaining vacancies. If none are forthcoming, the Executive of the Group may appoint someone to such vacancies after the election.
8.5 The Elections Committee shall scrutinize the nominations for eligibility and, if necessary, arrange for ballots to be distributed to all Regular members.
8.6 Ballots must be distributed at least four (4) weeks prior to the date set as the deadline for the return of ballots or at a General Meeting where such election was announced as part of the agenda.
8.7 Ballots must be received at the National Office of the Institute by the close of business on a date to be determined by the Elections Committee or at the General Meeting.
8.8 The candidate receiving the highest number of votes for a position shall be declared elected.
8.9 The Elections Committee shall ensure persons who belong to the bargaining unit are informed of the results of the election as soon as possible.
8.10 The newly elected Executive of the Group shall take office immediately following the announcement of the results of the election.
BY-LAW 9 GENERAL MEETINGS OF THE GROUP
9.1 Annual General Meeting
9.1.1 The Annual General Meeting of the Group is its governing body for all matters of the group except the ratification of collective agreements. Collective agreements shall be ratified in conformity with the normal practices of the Institute. The Executive of the Group shall retain the authority to choose the appropriate collective bargaining method and the selection of the bargaining team.
9.1.2 The Executive of the Group shall call a General Meeting of the Group at least once each calendar year. The interval between such meetings shall not exceed fifteen (15) months.
9.1.3 All Regular members may attend the General Meeting in person or from a scrutinized location.
9.1.4 Quorum The quorum for the Annual General Meeting shall consist of twenty (20) Regular Members of the Group over and above the Executive of the Group.
9.1.4.1 Failure to Obtain Quorum: If the quorum is not obtained, the meeting shall be rescheduled by the Executive of the Group. Notice of the rescheduled meeting shall be sent within two (2) weeks of the original meeting date. Fifty percent (50%) of the Regular members in attendance when the meeting is called to order shall constitute the quorum.
9.1.5 Agenda The agenda shall include the following items:
- Roll Call (executive members)
- Approval of the Agenda
- Adoption of the Minutes of the previous Annual General Meeting
- Business Arising from the Minutes
- Report of the President
- Annual Financial Report
- Report of the Elections Committee
- New Business.
9.1.6 Voting Only Regular members who are attending the General Meeting are eligible to vote, and each Regular member shall have one (1) vote. A scrutineer shall be appointed by the Annual General Meeting organizing committee in each scrutinized location to tally the votes. Decisions shall be by majority vote.
9.2 Special General Meetings
9.2.1 A Special General Meeting of the Group shall be called by the Executive of the Group or at the written request of at least 15% of the Regular members. This meeting shall be held within six (6) weeks of such call or request. Only the matter(s) for which the Special General Meeting was called shall appear on the agenda.
9.2.2 The same requirements shall apply to the quorum and voting at Special General Meetings as are prescribed for the Annual General Meeting.
BY-LAW 10 RULES OF PROCEDURE
10.1 At any meeting of the Group, matters of procedure, insofar as they are not specifically provided for, shall be governed by a majority vote of the Regular members attending and voting on the matter of procedure. The Chair of such meeting shall first rule on any matter of procedure or order and shall, in the absence of any By-Law to the contrary, rely upon and be governed by the latest version of Sturgis’ Standard Code of Parliamentary Procedure.
10.2 At any meeting of the Executive of the Group, matters of procedure, insofar as they are not specifically provided for, shall be governed by a majority vote of the Executive members attending and voting on the matter of procedure. The Chair of such meeting shall first rule on any matter of procedure or order and shall, in the absence of any By-Law to the contrary, ruly upon and be governed by the latest version of Sturgis’ Standard Code of Parliamentary Procedure.
BY-LAW 11 CONSTITUTION AND BY-LAWS
11.1 These By-Laws may be amended at a General Meeting of the Group or by a referendum of the Group. In either case, approval for amendments requires a majority vote.
11.2 All proposals for amendments to these By-Laws shall be submitted, in writing, to the Executive of the Group. Proposed amendments may be submitted by any Regular member.
11.3 This Constitution and By-Laws, and any amendments thereto, shall take effect upon approval by the Institute and ratification by the Group.
BY-LAW 12 REGULATIONS
12.1 The Group Executive may make such Regulations, not inconsistent with these By-Laws, as it deems appropriate for the operation of the Group.
12.2 All proposed Regulations and amendments thereto shall be submitted to the Institute for review and approval. They shall take effect on a date determined by the Group Executive, but not earlier than the date they were approved by the Institute.
12.3 Each such Regulation shall be presented to the next General Meeting of the Group, and may be rescinded or amended by such meeting. These constitute changes to the Regulations and shall be subject to Article 11.2.
BY- LAW 13 CONTEXT AND GENDER
In their Constitution and By-Laws, expressions in the masculine or feminine gender, in plural or in singular, may be substituted to give effect to the true meaning of the Constitution and By-Laws.
BY- LAW 14 DISCIPLINE
14.1 Any Regular member, including members of the Executive of the Group, may, as provided for in the Institute By-Laws and Regulations, be disciplined by the Executive of the Group for conduct which in any way adversely affects the interests or reputation of the Group.
Approved by the Board of Directors
April 19, 2005
Approved by the Board of Directors
August 12, 2006
Approved by the Board of Directors
May 3, 2010