THE CERTIFIED GENERAL ACCOUNTANTS ASSOCIATION OF NEWFOUNDLAND AND LABRADOR BY-LAWS

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1 THE CERTIFIED GENERAL ACCOUNTANTS ASSOCIATION OF NEWFOUNDLAND AND LABRADOR Page 7101

2 TABLE OF CONTENTS BY-LAW PAGE # 1 DEFINITIONS MEMBERSHIP MEMBERSHIP APPLICATIONS MEMBERSHIP CERTIFICATES RESIDENCY PROVISIONS REGISTRATION REQUIREMENTS MEMBER TRANSFERS GENERAL MEETINGS OF THE ASSOCIATION VOTING AT GENERAL MEETINGS BOARD OF GOVERNORS POWERS OF THE BOARD MEETINGS OF THE BOARD OFFICERS AND THEIR DUTIES FINANCIAL AFFAIRS EXECUTIVE COMMITTEES MEETINGS OF COMMITTEES PROCEDURE OF MEETINGS DISCIPLINE OF MEMBERS SEAL AMENDMENTS PROVINCIAL CHAPTERS WAIVER OF FEES POLICY INTERPRETATION Page 7102

3 BY-LAW NO. 1 DEFINITIONS 1. "Act" means An Act Respecting The Certified General Accountants Association of Newfoundland and Labrador, S.N.L 2008, C-6.1, and may be cited as The Certified General Accountants Act, Articles of Incorporation means the articles of incorporation of the Association. 3. "Association" means The Certified General Accountants Association of Newfoundland and Labrador referred to in Section 3 of the Act. 4. "Board" means the Board of Directors referred to in Section 3 of the Act. 5. "By-Laws" means the By-Laws of the Association confirmed in accordance with the Act. 6. "Director" means a member of the Board of Directors of the Association. 7. "Member" means a person whose membership in the Association is within one classes of membership specified in By-Laws number "Member in Good Standing" shall mean a member of the Association whose fees are not in arrears in accordance with these By-Laws and who is not under suspension for any cause whatsoever. 9. National Affiliation Agreement means the governing agreement between CGA Canada and all the CGA affiliates. 10. "National Association" means the Certified General Accountants Association of Canada, otherwise known from time to time as CGA-Canada. 11. "NEC" means the National Education Committee. 12. NPC means the National Professional Standards Committee. 13. Office means the position of chair, past chair, first vice chair, second vice chair, secretary, treasurer, secretary- treasurer. 14. "Profession" means the profession of accountancy. 15. "Public Accountancy" means offering professional service to the public, and may include, but is not restricted to, services offered by a public accountant as defined under the Public Accountancy Act. 16. Registrar means the registrar appointed under Section 6 of the Act. 17. Regulations means the regulations established under Section 46 of the Act. 18. Rules means Code of Ethics and Rules of Professional Conduct. Page 7103

4 BY-LAW NO. 2 MEMBERSHIP The membership of the Association consists of the following classes: 1) Active Members Active members are those members who have been admitted to membership in accordance with any applicable provisions of the Act, the Association s Articles of Incorporation, the Regulations and Association By-Laws, have complied with the Association By-Laws and Rules, have paid all required fees, are in good standing, are normally gainfully employed and whose names have been entered in the Register. Active members shall be entitled, subject to the Act, Regulations, By-Laws and Rules: a) to receive notice of, attend and participate in meetings of the Association and to receive copies of any regular bulletins or publications issued by the Association; b) upon election or appointment, to hold office and to nominate persons to hold office in the Association; c) upon election or appointment, to serve on committees of the Association; d) to the right to vote; and e) to full membership rights. Membership shall be renewed annually in accordance with the Act, Regulations, By-Laws and the Rules. 2) Associate Members Associate members are those members whose principal places of residence are outside the jurisdiction of the Association in which Associate membership status is granted. Associate members must comply with all provisions of the Act, the Regulations By-Laws, have complied with the Association Articles of incorporation, By-Laws and Rules, have paid all required fees, are in good standing, are normally gainfully employed, and whose names have been entered in the Register. Associate members shall be entitled, subject to the Act, Regulations, By-Laws and Rules: a) to the right to hold employment or practice; and b) to all rights otherwise designated for inactive members. Membership shall be renewed annually in accordance with the Act, Regulations, Articles of Incorporation, By-Laws and Rules. 3) Inactive Members Inactive members are those members who are or were at one time qualified for active member status and who have ceased to be gainfully employed due to retirement or disability. Inactive members must comply with all provisions of the Act, Regulations, Articles if Incorporation, have complied with the Association By-Laws and Rules, have paid all required fees, are in good standing, and whose names have been entered in the Register. Page 7104

5 Inactive members shall be entitled, subject to the Act, Regulations, Articles of Incorporation, By-Laws and Rules: a) to receive notice of and attend meetings of the Association and to receive copies of any regular bulletins or publications issued by the Association; and b) to serve, upon appointment, on committees of the Association in accordance with the Act, Regulations, Articles of Incorporation, By-Laws and Rules. Inactive members shall have voting rights at meetings of the Association but shall not be eligible for nomination to any office of the Association. Inactive membership shall be renewed annually in accordance with the Act, Regulations, Articles of Incorporation, By-Laws and Rules. 4) Life Members Life members are those active or inactive members who have met the following criteria: a) being members, in good standing, for at least ten years; b) having rendered outstanding and conspicuous service to the Association and/or the profession; and c) having been granted such status by the Association upon recommendation of the Board and by the vote of the majority of those present in person or by proxy at any General Meeting of the Association. Life members shall be entitled to all the rights otherwise attributable to active members, subject to the Act, Regulations, Articles of Incorporation, By-Laws and Rules, but without payment of fees. 5) Honourary Members Honourary members are those persons who do not otherwise qualify for membership and who meet the following criteria: a) have rendered conspicuous service to the Association either in the advancement of its aims, purposes and objectives, or its general welfare; or b) have made material contributions to the Association. Honourary members may use the designation "CGA (Hon.)" but have no other rights or privileges of membership. Honourary members are not required to pay fees but may, at the discretion of the Association, receive bulletins or publications issued by the Association. 6) Fellow Members Fellow members are those members to whom the designation "Fellow of the Certified General Accountants Association" has been awarded by the National Association. Fellow members are entitled to all the rights and privileges normally associated with their particular status, as defined in By-Law 2 within their Provincial Association. In addition, they are entitled to use the designation "FCGA". Page 7105

6 7) Public Representatives a) Public Representatives are those Board members, appointed by the Minister in accordance with Section 4(1) of the Act, who are not members of the Association but who are resident in the province and suitable to represent the public interest. b) Board members appointed by the Minister are appointed for a term of three years and are eligible for re-appointment for a term not exceeding nine consecutive years and shall continue as a member of the Board until i) the person is replaced by the Minister upon expiration of his or her term ii) a letter of resignation is submitted by the appointed member to the Minister, with a copy to the Chairperson of the Board, in accordance with Section 4(6) of the Act. or iii) the appointment is revoked by the Minister in accordance with Section 4(7) of the Act c) The role, duties and responsibilities of Public Representatives are: i) Public Representatives are members of the Board but not the Association and accordingly may vote at Board Meetings but not at general meetings of the Association and are not accorded the rights or responsibilities of members except where specifically provided for in the Act or in the By-Laws of the Association. ii) iii) iv) Public Representatives are not eligible to hold any position requiring election from or by the Board of Directors set out in By-Law No. 10(3) Public Representatives may be appointed, by the Chair to committees established in accordance with By-Law No. 11(3). At least one of the three Public Representatives appointed to the Board shall also be appointed to the Ethics committee established in accordance with By-Law No. 11(3) 8) International Members International members are members whose principal place of residence is outside the jurisdiction and outside of Canada. International members must comply with all provisions of the Act, Regulations, Articles of Incorporation, By-laws and rules, have paid all required fees, are in good standing, are normally gainfully employed, and whose name has been entered in the Register. International members shall be entitled, subject to the By-laws and rules: a) to the right to hold employment and practice; and Page 7106

7 b) to receive notice of and attend meetings of the Association and to receive copies of all regular bulletins or publications issued by the Association. International membership shall be renewed annually in accordance with the Act, Regulations, Articles of Incorporation, By-laws and the rules. BY-LAW NO. 3 1) MEMBERSHIP APPLICATIONS i) Every applicant for admission to Membership shall sign and submit a prescribed application form and shall be proposed and seconded by two Members of the Association, both of whom also shall sign the application form. In the event the applicant does not personally know sufficient members of the Association, then the applicant may substitute another person(s), deemed acceptable to the Registrar. ii) iii) Persons who are resident in the Province who qualify for admission pursuant to Section 11 of the Act may be admitted as members so long as the Association of which that person was originally a member extends the same privilege to the members of the Association. Every application shall be accompanied by the annual membership fee and such other fees as may be required by the Board. Such fees shall be refunded should the application not be accepted. 2) COMPLIANCE WITH, RULES, REGULATIONS AND PROCEDURES i) All Members and students by their application for membership or registration or by their continuance of membership or registration shall agree and shall be deemed to have agreed with the Association and each of its Members to the terms of the Act, Regulations, Articles of Incorporation, By-Laws, policies and procedures of the Association and all acts or things done thereunder. ii) iii) For the purpose of these By-Laws, present shall mean attending in person or by any other media approved by the chair of the meeting. A reference in a By-Law, Regulation, rule of professional conduct or board interpretation to a statute or statutory provision shall be construed as including a reference to any amendment, modification, consolidation, revision, re-enactment or extension of such statute or statutory provision for the time being in force or to any subordinate legislation made under the same. BY-LAW NO. 4 CERTIFICATES Every certificate issued to a member shall be in such form as the Board, from time to time, may determine. The certificate shall remain the property of the Association and in the event of the cessation of membership for reasons other than the death of the member, shall be returned to the Board. Page 7107

8 BY-LAW NO. 5 RESIDENCY PROVISIONS Active members of an Association shall Register with the Association in the province where the member maintains his/her principal place of residence. Other categories of members are not subject to specific residency provisions. REGISTRATION REQUIREMENTS BY-LAW NO. 6 All members shall register with the Provincial Association within whose jurisdiction the member maintains his/her principal place of residence. All members who are employed or practice outside the Province of principal residence shall also register in any and all other jurisdictions where such employment or practice is carried out. Such additional registration(s) shall be in accordance with the provisions of the "National Affiliation Agreement" and the By-Laws of the applicable Association(s). MEMBER TRANSFERS BY-LAW NO. 7 A member of another Provincial association my transfer from that province s association to the Association without additional conditions or qualifications and in accordance with guidelines set out in the National Affiliation Agreement. The Association will recognize dues paid in other provinces as equivalent to it's own for the fiscal period remaining in the province of origin. No transfer fees shall be assessed. Once a member has established a permanent place of residence within a province he/she shall be subject to all fees, dues, and other assessments normally in effect in that province. For the initial fiscal period these will be calculated on a pro-rata basis taking into account the fees already paid in the previous province of residence. GENERAL MEETINGS OF THE ASSOCIATION BY-LAW NO. 8 1) The Annual General Meeting of the Association shall be held in the Province of Newfoundland and Labrador within one hundred and fifty (150) days after the fiscal year-end. 2) Special General Meetings of the Association may be called by the Board whenever deemed necessary. 3) Whenever ten (10) members of the Association make a written request for a Special General Meeting and specify the purpose for which such meeting is to be called, it shall be the duty of the Board, within fifteen Page 7108

9 (15) days, to order and call a Special General Meeting to be held within forty-five (45) days from the date of such request. 4) The Board shall set the time, date and place of all General Meetings of the Association. 5) Notice of Meetings of the Association shall be given at least thirty (30) days prior to the holding of such meeting by mailing to each member in good standing, to the address as disclosed by the membership roll of the Association, a written or printed notice of such meeting, stating the reasons in detail for calling the meeting. 6) A quorum at any meeting of the Association shall consist of not less than the lesser of: a) twenty percent (20%) of the membership in good standing present and represented by proxy; and b) fifty (50) members in good standing, present or represented by proxies. 7) Meetings of the Association may, with the approval of the Board, take the form of combined business and social meeting to which the Board may invite guests. The expenses of such meetings first shall be referred to the Board for authorization and subsequently for review where such expenses are borne by the Association and expenses exceed two hundred dollars ($200). 8) Meetings of the Association may be adjourned by resolution of a majority of the members present, but no business shall be transacted at the reconvened meeting other than the business left unfinished at the meeting from which the adjournment took place. VOTING AT GENERAL MEETINGS BY-LAW NO. 9 1) Any member in good standing and entitled to vote, may vote in person or by mail ballot for the election of the Board. Other voting at general meetings shall be done in person or by proxy. 2) In the case of a multiple-choice vote other than for elections, the presiding officer must ensure that the winning vote represents more than fifty percent (50%) of the votes cast. This shall be accomplished through a series of votes whereby the lowest vote (or votes) is eliminated from each ballot until the winning vote is determined. 3) Elections shall be conducted on the basis of plurality vote. 4) The Chair shall act as Chief Electoral Officer for all elections. 5) Proxies shall: a) be written in the form approved and published by the Board and filed with the Secretary or Secretary-Treasurer at least 48 hours before the beginning of the meeting to which it is to apply, b) only be valid for the meeting, or any adjournment thereof, for which it was specifically given, Page 7109

10 c) only be given to specifically named members, who shall be a member in good standing and entitled to a vote, but may list up to four names to whom the proxy shall be given in order if the members first named are unable to act, d) be limited to a maximum of five to be held by any one member, e) be considered withdrawn if the member, having given a proxy, subsequently attends the meeting for which the proxy was given, and f) be withdrawn by a member by a notice in writing, delivered to the Secretary or Secretary- Treasurer at any time. 6) Proxies will not normally be counted in voting at a General Meeting unless any one member demands a poll vote, in which case the chair shall determine the procedure for conducting such a poll vote. BOARD OF GOVERNORS BY-LAW NO. 10 1) The Board of Governors shall consist of twelve (12) members who shall be elected by the membership and three (3) persons who shall be appointed pursuant to Section 4(1) of the Act. The election of directors shall be conducted prior to the end of the fiscal year. 2) Any member in good standing wishing to run or nominate another member for the Board of Governors, must file, in accordance with By-Law 9(4), the necessary nomination papers as prescribed by the Association. 3) The Board of Governors shall Elect by plurality vote from its membership, subject to Section 2(3) herein, a Chair, a First Vice-Chair, a Second Vice-Chair, a Secretary, a Treasurer, or a Secretary-Treasurer, a National Education Committee Representative, a CGA Canada Affiliate Council Representative, a National Professional Standards Committee Representative.. a) The First Vice-Chair shall be Chair Elect and at the completion of his term as Chair, shall serve one term as Immediate Past Chair. b) The Second Vice-Chair shall be First Vice-Chair Elect. c) The Chair, the First Vice-Chair, Second Vice-Chair and Secretary shall each hold office for a period of one year. d) The Treasurer or the Secretary-Treasurer shall hold office for a period of two years. e) The National Education Committee Representative, and the National Professional Standards Committee Representative shall hold office for a period of two years. The CGA Canada Affiliate Council Representative shall hold office for a term of one year renewable to a maximum of three years. f) The Chair shall serve as a non-voting representative on the CGA Canada Affiliate Council. g) All other Governors shall be elected for a period of two years. Page 7110

11 h) The Second Vice-Chair will, where practical, serve on, or have previously served on, at least the By-Laws Committee, the Public Practice and Legislation/Advocacy Committee; and the First Vice-Chair will, where practical, serve on, or have previously served on, at least the following committees: By-Laws, Public Practice and Legislation/Advocacy, 4) a) There shall be elected by the membership such additional members as may be required to bring the complement of the Board to twelve (12). Such election shall be conducted on the basis of a plurality vote. b) A director who holds the position of Second Vice-Chair, First Vice-Chair, Chair or immediate Past Chair shall not be required to stand for re-election until after he has completed his term. c) At the expiration of six (6) continuous years, a director must step down for a period of one year, except if the Governor holds the position of Second Vice-Chair, First Vice-Chair, Chair or immediate past Chair. 5) Resignations shall be tendered in writing to the Chair. 6) A Director who ceases to be a member in good standing of the Association during his term of office shall cease to be a member of the Board. 7) A Director who fails to attend three (3) consecutive Board meetings without offering good and valid reasons acceptable to the Board, shall cease to be a member of the Board. 8) Any vacancy on the Board shall be filled pursuant to Section 3(8) of the Act. 9) In the event that the election of the directors is not held at the time specified in these By-Laws, the directors shall continue to exercise the authority vested in them until such time as their successors shall be regularly elected or appointed, as the case may be. POWERS OF THE BOARD BY-LAW NO. 11 1) The Board may exercise all such power and do all such acts and things as may be necessary for the proper conduct and management of the Association's affairs. 2) All contracts, in order to be binding on the Association, shall be authorized by the Board, entered in full in the minutes of the Board and shall not be valid unless signed by the Chair and the Secretary or the Secretary-Treasurer and the seal affixed thereto in accordance with these By-Laws. 3) The Board may appoint such committees as it may deem necessary and desirable and the Board may delegate to them such powers and duties as it may deem expedient. Members of committees so appointed shall be members of the Board or members of the Association. No resolution of any such committee shall have any force or effect until it has been duly sanctioned and approved by the Board. 4) The Board may establish a code of ethics ( the Code of Ethics) and make Rules for the professional conduct of the members of the Association as it shall, from time to time, deem necessary. All members of the Association shall be governed by this code. 5) The Board may suspend, expel from membership, or otherwise discipline members for failure to comply with or violation of the Act, the By-Laws or the Code of Ethics of the Association. The Board shall Page 7111

12 establish such procedure as may be necessary for the hearing of complaints against members of the Association, provided however, that no member may be suspended, expelled or otherwise disciplined without due notice and the opportunity to be heard or represented by counsel at any inquiry into such member's conduct in accordance with the principles of natural justice. 6) The Board may, from time to time, approve Statements of Association policy, Regulations and Standing Resolutions for the conduct of the affairs of the Association, the Board and the Committees in conformity with and in support of, these By-Laws. 7) The Board shall have custody of any members's surplus which may exist at the end of the previous fiscal year, as identified in the Association's financial statements for the year then ended, as well as any funds identified as per By-Law No. 13, Sub-Section (7). The Board may authorize the investment of such funds provided: a) that investments will be redeemable within thirty (30) calendar days subsequent to the expiration of the current Board's tenure; and, b) that such investments are fully protected by Deposit Insurance or fully guaranteed by either the Government of Canada or any Provincial Government. The Board may also place any or all of the Members' surplus on deposit with the Association's designated bank or trust company for temporary use by the Treasurer as interim financing of current year's expenditures provided that in so doing the amount on deposit does not exceed the maximum amount of deposit insurance as provided by Deposit Insurance. MEETINGS OF THE BOARD BY-LAW NO. 12 1) At least two (2) meetings of the Board shall be held in each year and shall include one immediately following the Annual Meeting and one before the fiscal year-end to conclude any business for that year. 2) Meetings of the Board may be called by the Chair whenever deemed necessary. A meeting shall be called by the Chair which is requested in writing by five (5) members of the Board, provided that such request specifies the purpose for such meeting. At least seven (7) days' notice either oral or by mail of any meeting shall be given. 3) A written agenda for each meeting shall be provided to all Board members at least five (5) days prior to such meeting. 4) At any meeting of the Board, eight (8) members of the Board shall constitute a quorum for the transaction of business, one of whom has been appointed to the Board by the Minister pursuant to Section 4. 5) Any person requesting to attend a meeting of the Board may do so with the approval of the Board provided that such request is in writing and specifies the purpose for which such attendance is represented and provided such request is received not later than two (2) weeks prior to such meeting. 6) The Chairt may seek the approval of the Board to invite any person to the next scheduled meeting of the Board. 7) All questions coming before the Board shall be determined by a majority vote, except as otherwise provided in these By-Laws. Page 7112

13 BY-LAW NO. 13 OFFICERS AND THEIR DUTIES 1) The Officers of the Association shall be the Chair, First Vice-Chair, Second Vice-Chair, Secretary and Treasurer or Secretary-Treasurer. 2) The Chair shall be the Chief Executive Officer of the Association and the general manager of its undertakings. He shall preside at all meetings of the Association, the Board and the Executive Committee and shall be ex-officio, a member of all committees with the exception of the Complaints Authorization Committee. He shall see that all orders and resolutions of the Board are carried into effect and he shall sign all documents requiring the signatures of the Officers of the Association. 3) The First Vice-Chair shall perform the duties and exercise all the powers of the President in the absence of the Chair. 4) In the absence of both the Chair and the First Vice-Chair, the Second Vice-Chair shall exercise all the powers of the Chair. Should the Second Vice-Chair also be absent, the members present shall elect a director to act as Presiding Officer at such meetings. 5) The Presiding Officer shall cast the deciding vote in the case of a tie. 6) The Secretary or Secretary-Treasurer shall have charge of all minutes, records and correspondence of the Association, shall report such facts regarding the same as may be required and shall perform the customary duties pertaining to such office. At the expiration of his term of office, he shall turn over to his successor, or to whomever the Board may appoint, the seal, books, accounts, records, papers, writings and all other property belonging to the Association. He shall act as Secretary at all General Meetings and circulate the minutes of meetings within two (2) weeks following such meetings. He shall keep a complete roll of members and issue such notices as may be required. 7) The Treasurer or Secretary-Treasurer shall cause to be collected and shall receive all money, acknowledge receipt thereof and shall deposit all such money to the credit of the Association in a financial institution in the Province of Newfoundland and Labrador to be designated by the Board. The Treasurer may invest the funds of the Association at the Association's designated financial institution for a term recommended by the Board. In addition, the treasurer shall be required to report promptly to the Board the existence of funds on deposit in excess of amounts covered by Deposit Insurance. He shall receive and verify all accounts payable and shall issue cheques in payment thereof upon approval by the appropriate standing Committee's Chairperson. When requested by the President or the Secretary, he shall present a written report of all financial transactions at the next meeting of the Board. In accordance 8(1)(b) he shall render a statement, duly certified by the Auditor, showing the revenue and expenditure for the fiscal year and a balance sheet as at the fiscal year-end and such schedules as may be necessary. He shall report promptly to the Board, any members in arrears. 8) Resignations shall be tendered in writing to the Chair. Page 7113

14 BY-LAW NO. 14 FINANCIAL AFFAIRS 1) Fees a) The fees of the Association shall be fixed annually, prior to the end of the current fiscal year by the outgoing Board based on a preliminary budget for the coming fiscal year. b) The Board may from time to time determine all other fees, dues and assessments for all other matters by an ordinary resolution of the Board. c) All fees shall be payable in advance except the annual membership fee, which shall be due and payable within three (3) months from the date of billing unless arrangements to pay the membership fee have been made, which are satisfactory to the Treasurer or Secretary-Treasurer. 1)(A) Suspension for Non-payment of Fee and Other Charges a) If any fee, assessment or other amount payable by any Member is not paid within three calendar months after the date upon which the same is due and payable, and where payment arrangements acceptable to the Treasurer have not been made, the Treasurer or Secretary- Treasurer shall forthwith send by registered mail to the designated address pursuant to the By- Law, a notice to the effect that unless the said fee, or assessment or other amount payable is paid within 15 days from the date of such notice any or all of his or her rights and privileges as a Member under the Act, Regulations, Articles of Incorporation, By-Laws and rules will be suspended. b) If such fee, assessment or other amount payable by any member is not paid within the aforesaid fifteen day notice period, all of his or her rights and privileges as a Member under the Act, Regulations, Articles of Incorporation, By-Laws and Rules will be suspended; notice of such suspension may be given in the form and manner as the Board may determine from time to time. c) Any person any of whose rights and privileges as a Member have been suspended by operation of the By-Law may apply to the board to have this suspension terminated and the Board may, by resolution, terminate such suspension upon payment of such unpaid fee or assessment and upon payment of a reinstatement fee equal in amount to the entrance fee as prescribed from time to time by the Board. The Board may in its discretion waive payment of the reinstatement fee. 1(B) Expulsion for Non-payment of Fees and Other Charges a) If such fee or other amount is not paid within sixty days after the date that the rights and privileges of such Member have been suspended, The Board may direct that such Member be expelled from membership in the Association and that his or her name be removed from the register of Members; notice of such expulsion from membership may be given in such form as the Board may determine. b) A person who has been expelled from membership under he By-Law may be remitted on such terms as the Board may determine 2) Fiscal Year-End The fiscal year shall end on the 30th day of June each year. 3) Auditors Page 7114

15 a) In accordance with By-Law 9 there shall be elected one (1) or more Auditors who shall be members of the Association but not members of the Board or members of the Finance committee. The new auditor will be a CGA in good standing, use CGA letterhead, be licensed under the Public Accountancy Licencing Board and sign the audit report as a CGA. b) The Auditor shall audit the books, accounts, records and financial statements of the Association and shall submit in accordance with By-Law 8(1)(b) at the Annual General Meeting a written report, accompanied by any recommendation that he or she may deem advisable. 4) Inspection of Books and Accounts The Books and accounts shall be open at all times to inspection by the Board and by the Auditor. 5) Banking Authority The Association s banking business shall be transacted at a financial institution determined by the Board. Signing authority shall be determined by the Board.. EXECUTIVE COMMITTEES BY-LAW NO. 15 1) The Executive Committee of the Association shall consist of the Officers and the Immediate Past Chair. 2) The Executive Committee shall consider and make recommendations on any matters that the Board may refer to it that are not by the Act, the Regulations, Articles of Incorporation or those By-Laws reserved to be done by the Board. 3) Meetings of the Executive Committee shall be called by the Chair whenever deemed necessary. 4) The Chair shall act as Chair at all Executive Committee Meetings. 5) The minutes of the Executive Committee shall be presented for adoption by the Executive Committee at the next Board Meeting. No resolution of the Executive Committee shall have any force or effect until it has been duly sanctioned and approved by the Board. 6) At any meeting of the Executive Committee three (3) members shall constitute a quorum for the transaction of business. MEETINGS OF COMMITTEES BY-LAW NO. 16 1) Meetings of any Committee shall be called by the Chair or the Board Chair or a majority of the Committee members thereof at least on a quarterly basis or more often if required by the Board. Oral or other notice shall be given of all meetings of Committees. A majority shall constitute a quorum for the transaction of business at all meetings of Committees. Page 7115

16 2) Committee Chairmen shall report to the Board, with the exception of the Complaints Authorization Committee, when required upon all matters that have been delegated to their respective Committees by the Board. 3) The Chair as an ex-officio member of all committees with the exception of the Complaints Authorization Committee shall not be included in the quorum of such committees, but when present shall be entitled to speak and vote on all matters brought before the committee. 4) No resolution of any Committee, with the exception of the Complaints Authorization Committee shall have any force or effect until it has been duly sanctioned and approved by the Board. PROCEDURE OF MEETINGS The order of procedure at meetings shall be as follows: General Meetings 1) Adoption of the agenda BY-LAW NO. 17 2) Amending and adopting the minutes as circulated 3) Deferred business and business arising out of minutes 4) Correspondence, if any 5) Adoption of reports as circulated 6) Amendments to By-Laws 7) Election of Auditor(s) as per By-Law 8(1) 8) General business, which shall consist of business brought forward by the Board or by members of the Association Board Meetings 1) Adoption of the agenda 2) Amending and adoption of minutes as circulated 3) Deferred business and business arising out of the minutes 4) Correspondence as circulated 5) Adoption of reports as circulated 6) Approval of consent agenda items 7) Reviewing and considering applications for membership 8) Approval of expenditures 9) General business The procedure at all meetings shall be governed by the Rules laid down in Roberts Rules of Order, except as the By-Laws of the Association otherwise provided fo in the Act. Page 7116

17 BY-LAW NO. 18 DISCIPLINE OF MEMBERS In order to maintain the professional standards of the Association, the Board shall: 1) a) Establish and may, from time to time, amend a Code of Ethics and Rules regulating the professional conduct of the members; declare what shall constitute a breach of those Rules; and generally execute all Rules necessary to carry into effect the full meaning of the Act and these By-Laws. For greater certainty, all members and students of the Association shall comply with the Code of Ethics and Rules of professional conduct as established from time to time by the Board. b) Code of Ethics In accordance with Section 9(f) of the Act, the CGA-Canada Code of Ethics and Rules of Professional Conduct (the Code ), as amended by the Board from time to time shall be considered the Code of Ethics of the Association SEAL BY-LAW NO. 19 The Association Seal shall be in such form as shall be adopted by the Board. It shall not be affixed to any document other than membership certificates except by resolution of the Board and every such document shall be signed by the Chair and by the Secretary or Secretary-Treasurer, in whose presence the Seal shall be fixed. AMENDMENTS Except as provided for in Section 2 of this By-Law BY-LAW NO. 20 1) a) Amendments to the By-Laws of the Association shall not be considered or voted upon until the expiration of at least forty (40) days after notice of motion has been given to the Secretary or Secretary- Treasurer. b) The notice of motion shall be in writing and shall state the exact form of the proposed amendment. c) A copy of such notice of motion shall be sent, by the Secretary or Secretary-Treasurer, to each member in good standing, at least thirty (30) days previous to the meeting at which the proposed amendment is to come up for adoption, rejection or amendment. d) Amendments to the By-Laws must receive the approval of the Board in accordance with section 9(2) of the Act. Amendments must also receive approval of seventy-five percent of those members present in person or by proxy at the General Meeting before coming into effect. 2) a) The Board shall have the power and authority to make changes to any By-Law relating to gender, grammar, spelling, punctuation or phrasing as the Board at its discretion deems Page 7117

18 necessary, provided that such changes shall not in any way affect the substantial meaning or intent of such By-Laws. b) Where the membership by majority vote at a general meeting disagrees with any change by the Board under this Section, the decision of the membership shall be final. PROVINCIAL CHAPTERS BY-LAW NO. 21 1) The Board may in their discretion approve the organization and maintenance of local Chapters which may be set up by members and registered students of the Association within localized geographical areas in the Province of Newfoundland and Labrador, and may provide financial and other forms of assistance to the said local chapters. 2) Each Chapter shall make a report annually of its activities and finances for the preceding year. Such report shall be in the hands of the Secretary or Secretary-Treasurer not later than fifteen (15) days prior to the (annual) Meeting in accordance with 8(1)(b); but the Board may require interim supplementary reports at any time. WAIVER OF FEES POLICY 1) Educational Leave BY-LAW NO. 22 a) Regular members who are in full-time attendance for an academic year as students at a University or College or other educational institution registered under the provincial Private Institutions Training Act, may request educational leave from the regular membership fees of the Association. b) Requests for educational leave shall be in writing to the Board of Directors, and shall be requested at the beginning of each year for which leave is requested. Proof of registration at a University or College must accompany the request. c) The Board of Directors shall fix annually the educational leave fee which is to be paid in lieu of the regular membership fee. d) Members granted educational leave will retain all the rights and privileges of regular membership. e) Members granted waiver of fees under this Subsection shall be required to participate in continuing Professional Development. Page 7118

19 2) Family Leave a) Active members who are out of the work force for an uninterrupted period of more than six months due to family commitments may request special leave; i.e., family leave, and waiver of the regular membership fees of the Association. b) Family is defined as spouse, children and parents. c) Requests for special leave shall be in writing to the Board of Directors, and shall be requested at the beginning of each year for which leave is requested. Written proof of time away from the work force must accompany each request. d) The Board of Directors shall fix annually the special leave fee that is to be paid in lieu of the regular membership fee. e) Members granted special leave will retain all the rights and privileges of regular membership. f) Members granted waiver of fees under this Subsection shall be required to participate in continuing Professional Development. g) Any other requests for special leave will be reviewed by the Board of Directors for final decision. INTERPRETATION BY-LAW NO. 23 1) Words and expressions used in these By-Laws shall have the same meaning as in the Act, the Regulations or as defined by these By-Laws and such meanings shall take precedence over any other interpretation unless otherwise stated in these By-Laws. 2) In all By-Laws and resolutions of the Association, words importing the singular include the plural and vice versa and words importing the masculine gender include the feminine gender. The captions and headings are for convenience and reference only and shall not affect the scope, intent or interpretation of these By-Laws. 3) In the event of any dispute arising as to the true intent or meaning of these By-Laws, the interpretation thereof of the Board shall be final and conclusive. 4) a) Any letter sent by prepaid first class mail or registered mail from the Association to a member or a student shall be deemed to have been received by the member on the tenth calendar day after the day of mailing of such letter addressed to the member or student at the last mailing address designated by the member or student or, if no address is designated, at the last address appearing in the records of the Association unless the member or student to whom the letter is sent establishes that he or she did not, acting in good faith, through absence, accident, illness or good cause beyond his or her control, receive the letter. b) Any document sent by telephone transmission of a facsimile or via electronic mail of the document from the Association to a member or student shall be deemed to have been received by the member or student on the next business day after the day of transmission of such document to the last facsimile or address designated by the member or student or, if no address is designated, at the last address appearing in the records of the Association unless the Page 7119

20 member or student to whom the letter is sent establishes that he or she did not, acting in good faith, through absence, accident, illness or good cause beyond his or her control, receive the letter. c) Members shall designate annually the address, telephone, facsimile and address to which such documents in (a) or (b) shall be sent. In the absence of such designation the last address appearing in the records of the Association shall be considered the designated information. THE NEXT PAGE IS 7201 Page 7120

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