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1 CONSTITUTION AND BY-LAWS TABLE OF CONTENTS SECTION 1 GENERAL SECTION 2 - VISION - MISSION - OBJECTIVES SECTION 3 - OFFICIAL LANGUAGES SECTION 4 - APPROVAL SECTION 5 - DEFINITIONS SECTION 6 - INTERPRETATION SECTION 7 - MEMBERSHIP ELIGIBILITY DUTIES BENEFITS - LOSS OF MEMBERSHIP - DISCIPLINE SECTION 8 - MEETINGS OF MEMBERS SECTION 9 - DIRECTORS ELIGIBILITY DUTIES ELECTION - TERM OF OFFICE VACANCY IN OFFICE SECTION 10 - MEETINGS OF DIRECTORS OFFICERS EXECUTIVE COMMITTEE SECTION 11 - NOTICES SECTION 12 - DISPUTE RESOLUTION SECTION 13 - DISSOLUTION AND LIQUIDATION SECTION 14 - AMENDMENTS TO CONSTITUTION AND BY-LAWS SECTION 15 - EFFECTIVE DATE Date of Incorporation by Letters Patent July 16, Supplementary Letters Patent April 16, 1992 and August 8, Certificate of Continuance dated June 21, Constitution and By-Laws dated March 22, 2015 SECTION 1 GENERAL 1.1 Name of the Corporation The name of the corporation shall be Institut William Glasser - Canada / William Glasser Institute - Canada. 1.2 The by-laws herein, in Accordance with the Canada Corporation Not-for-Profit Act shall generally relate to the conduct of the affairs of Institute William Glasser - Canada / William Glasser Institute - Canada. 1.3 The Corporation number for Institut William Glasser - Canada / William Glasser Institute - Canada is Corporate Seal The seal of the Corporation in use before the day this By-Law comes into force shall continue to be the seal of the corporation. The secretary and/or designate appointed by the Board of Directors of the Corporation shall be the custodian of the corporate seal. Institut William Glasser - Canada / William Glasser Institute - Canada Constitution and By-Laws Page 1

2 1.5 Execution of Documents Deeds, transfers, assignments, contracts, obligations and other instruments in writing requiring execution by the Board of Directors may be signed by any two (2) of three (3) of its officers or directors. In addition, the board may from time to time direct the manner in which and the person or persons by whom a particular document or type of document shall be executed. Any person authorized to sign any document may affix the corporate seal (if any) to the document. Any signing officer may certify a copy of any instrument, resolution, by-law or other document of the Corporation to be a true copy thereof. 1.6 Minutes The Corporation shall keep a written record of each formal meeting of members or group thereof in the official Minute Book Records All records of the Corporation shall be kept at its registered office or at some other location in Canada designated by the Board of Directors and reviewed annually Financial Year End The fiscal year of the Corporation shall the calendar year. 1.9 Banking Arrangements The banking business of the Corporation shall be transacted at such financial institutions carrying on banking business in Canada as the Board of Directors may appoint or authorize by resolution. The banking business or any part of it shall be transacted by an officer or officers of the Corporation and/or other persons as the Board of Directors determine by resolution Annual Financial Statements The financial statements shall be prepared in accordance with the Canadian generally accepted accounting principles (GAAP) as set out in the Canadian Institute of Chartered Accountants Handbook Members shall appoint a Public Accountant at each annual general meeting by resolution If a public accountant is not appointed at a meeting of members, the incumbent public accountant, who was appointed at the first meeting of directors or at the previous meeting of members, continues in office until a successor is appointed The Corporation may, instead of sending copies of the annual financial statements and other documents to the members by post, publish a notice electronically to its members stating that the annual financial statements and documents are available at the registered office of the Corporation and any member may, on request, obtain a copy free of charge at the registered office via prepaid mail or electronically. Institut William Glasser - Canada / William Glasser Institute - Canada Constitution and By-Laws Page 2

3 1.11 Voting at Meetings At any meeting of members every question shall, unless otherwise provided by the Articles or By-Laws or by the Act, be determined by a majority or more than one-half (50% + 1) of the votes cast in favour or against. In the case of an equality of votes either on a show of hands or on a ballot or on the results of electronic voting or other means of communication, the Chair of the meeting shall have a vote only in the case of a tie A special resolution of two-thirds (2/3) or more of the votes cast for or against shall be required to make any changes that affect membership voting rights. Abstentions are not counted in the votes cast Rules of Procedure Although Robert's Rules of Order Newly Revised [11 th edition] shall be the official version that applies to the procedures of the Corporation, in practice, the shortened version of Robert's Rules shall apply at all meetings. The shortened version shall be made available to the membership through the Policies, Procedures, and Programs Handbook of the Corporation. SECTION 2 VISION - MISSION OBJECTIVES 2.1 Institut William Glasser - Canada / William Glasser Institute - Canada shall be dedicated to the promotion and further development of the ideas of William Glasser, M.D. and their application and relationship to other works throughout Canada and elsewhere. 2.2 Mission In fulfilling its mandate, the Corporation shall promote education and training, research and development of concepts, policies, and appropriate guidelines for teaching excellence and best learning practices in all fields of endeavour The Corporation shall endorse teaching and training approaches that have sound theoretical bases consistent with current established knowledge and research The Corporation shall strive to understand the needs of the diverse community of its members and their clients in Canada and is committed to providing a strong voice for the promotion and advancement of the ideas of William Glasser, M.D. in the fields of business, education, psychology, health and wellness, family, community, and others as determined by the Board of Directors. 2.3 Objectives The objectives of the Corporation are to: Provide national leadership for Canadian faculty members and others in the promotion and development of their training programs; Institut William Glasser - Canada / William Glasser Institute - Canada Constitution and By-Laws Page 3

4 2.3.2 Offer a platform for an ongoing information exchange for critical discussion concerning any training and education programs; Serve as a vehicle for mentoring, networking, and promoting the work of the Corporation; Provide opportunities for members to develop and share best practices, research, position papers, and program and professional development; Enter into agreements and/or serve as liaison with other organizations in order to present and achieve mutually sought aims and objectives. SECTION 3 - OFFICIAL LANGUAGES 3.1 The official languages of the Corporation shall be English and French. Either language may be used within the general meetings of the Board and the Executive Committee. Official documents prepared for general meetings of the Board and for meetings of the Board of Directors as well as published reports of the Corporation shall be issued in both English and French. In the case of interpretation, the text in the original language proposed shall prevail. SECTION 4 APPROVAL 4.1 Institut William Glasser - Canada / William Glasser Institute - Canada exists by virtue of the Letters Patent issued by the Ministry of Industry dated the 1st day of July, 1991 and Supplementary Letters Patent dated July 16, 1991, April 22, 1992, August 10, 2000, Certificate of Continuance dated June 21, 2013, and Constitution and By-Laws dated March 22, SECTION 5 - DEFINITIONS In this by-law and all other by-laws of the Corporation, unless the context otherwise requires: 5.1 "Act" means the Canada Not-for-profit Corporations Act S.C. 2009, c.23 including the Regulations made pursuant to the Act, and any statute or regulations that may be substituted, as amended from time to time; 5.2 "AGM" refers to the annual general meeting of the Corporation; 5.3 "Articles" means the original or restated articles of incorporation or articles of amendment, amalgamation, continuance, reorganization, arrangement or revival of the Corporation; 5.4 "Board" means the Board of Directors of the Corporation and "director" means a member of the board; 5.5 "By-Law" means this by-law and any other by-laws of the Corporation as amended and which are, from time to time, in force and effect; 5.6 "C.A.R.T" refers to the Canadian Association for Reality Therapy; Institut William Glasser - Canada / William Glasser Institute - Canada Constitution and By-Laws Page 4

5 5.7 "Corporation" refers to Institut William Glasser - Canada / William Glasser Institute - Canada; 5.8 "CCPA," refers to the Canadian Counselling and Psychotherapy Association 5.9 "CTRTC" means to Choice Theory Reality Therapy Certified 5.10 "GAAP" refers to generally accepted accounting practices 5.11 "in writing" refers to electronic mail as the preferable way of sending information 5.12 Institut William Glasser Canada / William Glasser Institute Canada shall be used for legal documents and stated as IWGI Canada for internal documents; 5.13 "Meeting of members" includes an annual general meeting of members or a special meeting of members; "special meeting of members" includes a meeting of any class or classes of members and a special meeting of all members entitled to vote at an annual general meeting of members; 5.14 "Proposal" means a proposal submitted by a member of the Corporation that meets the requirements of section 163 (Shareholder Proposals) of the Act; 5.15 "Regulations" means the regulations made under the Act, as amended, restated or in effect from time to time; 5.16 "Resolution" means a resolution passed by a majority or more than one-half (50% + 1) of the votes cast in favour or against; 5.17 "RTC" means Reality Therapy Certified; and 5.18 "Special resolution" means a resolution passed by a majority of two-thirds (2/3) or more of the votes cast for or against. Abstentions are not counted in the votes cast. SECTION 6 - INTERPRETATION 6.1 In the interpretation of this by-law, words in the singular include the plural and vice-versa, words in one gender include all genders, and "person" includes an individual, body corporate, partnership, trust and unincorporated organization. 6.2 Other than as specified in 6.1 above, words and expressions defined in the Act have the same meanings when used in these by-laws. SECTION 7 - MEMBERSHIP - ELIGIBILITY DUTIES - BENEFITS LOSS OF MEMBERSHIP 7.1 Membership There shall be two classes of members in the Corporation, namely, Regular Members and Associate Members which may include organizations as determined by the Board of Directors. 7.2 The Board of Directors shall approve the admission of the members of the Corporation as prescribed, by resolution, subject to renewal annually in accordance with the policies of the Corporation. Institut William Glasser - Canada / William Glasser Institute - Canada Constitution and By-Laws Page 5

6 7.3 The Board of Directors may delegate the authority for issuing memberships to an officer or a committee of the Corporation. 7.4 Regular Members and members of organizations shall be subject to conditions of eligibility to be accepted as Members in Good Standing of the Corporation Regular members and members of organizations are considered eligible and Members in Good Standing if they have: a. completed the certification process in reality therapy, choice theory and lead-management designated as CTRTC or RTC; b. paid annual dues; c. expressed interest in furthering the objectives of the Corporation; d. applied and been accepted as Regular Members and in accordance with Article Regular Members and members of organizations who fulfill conditions of regular membership shall be entitled to attend all general meetings and to: a. receive notice of such meetings; and b. have the right to one (1) vote. 7.5 Associate Members and members of organizations shall be subject to conditions of eligibility to be accepted as Members in Good Standing Associate Members and members in organizations are considered eligible and Members in Good Standing if they have: a. completed a basic intensive training; b. paid annual dues; c. expressed an interest in and knowledge of the works of Dr. William Glasser and related fields; d. applied and been accepted as Associate Members and in accordance with Article In the case of organizations, those members who have been accepted as voting members with the organization, shall enjoy the rights of regular members Associate Members and members of organizations shall be entitled to attend all general meetings and to receive notice of such meetings. Institut William Glasser - Canada / William Glasser Institute - Canada Constitution and By-Laws Page 6

7 7.5.4 Associate Members and members of organizations that do not fulfill the conditions of regular members shall have no voting privileges at any of the general meetings. 7.6 Duties of Membership The duties of Regular Members, Associate Members, and members of organizations shall be reviewed and determined by the Board of Directors annually at a meeting held at least one (1) month prior to the end of the current fiscal year for the new fiscal year Each member of the corporation shall have the duty to: a. respect the constitution and by-laws; b. pay membership fees, if and when required; c. supports the policies of the Corporation. 7.7 Regular Members and Associate Members shall be entitled to benefits of membership determined by the Board of Directors annually at a meeting held at least one (1) month prior to the end of the current fiscal year for the new fiscal year Each Regular Member of the Corporation and members of organization who fulfill the conditions of membership shall have the following benefits, reviewed annually by the Board of Directors, and according to the means and resources of the Corporation: a. newsletter access on website on a quarterly basis; b. notification of articles and programs of interest; c. program access which may be used without charge; d. discount on Glasser books, whenever possible; e. discounted registration fees for IWGI - Canada sponsored and/or cosponsored seminars and/or conferences; f. discounted registration fee for professional development seminars; g. publication of articles on website; h. acceptance of special projects submitted, according to conditions set by the Board of Directors; i. acceptance of special programs for teaching on a partnership basis with the Corporation according to the conditions set by the Board of Directors; j. scholarship access at the Supervisor level; Institut William Glasser - Canada / William Glasser Institute - Canada Constitution and By-Laws Page 7

8 k. nomination access to run for office within the Corporation, according to the procedures determined by the Board of Directors; l. privilege to attend and to vote at all regular meetings of the Corporation Each Associate Member of the Corporation shall have the following benefits, reviewed annually by the Board of Directors, and according to the means and resources of the Corporation: a. newsletter access on website on a quarterly basis; b. notification of articles and programs of interest; c. program access which may be used without charge; d. discount on Glasser books, whenever possible; e. publication of articles on website; f. scholarship access at all levels for training leading to Certification; g. discounted registration fees for IWGI - Canada sponsored and/or cosponsored seminars and/or conferences; h. acceptance of special projects submitted, according to conditions set by the Board of Directors; i. Privilege to attend all general meetings without the right to vote Only Members in Good Standing shall be entitled to exercise the benefits attached to their membership. 7.8 Changes in Membership Voting Rights A special resolution of two-thirds (2/3) or more of the votes cast for or against shall be required to make any changes that affect membership voting rights. Abstentions are not counted in the votes cast. 7.9 Loss of Membership Membership in the Corporation is lost if a member: Fails to maintain any conditions for membership in accordance with Section 7.4 and Section 7.5 of these By-Laws; Resigns by delivering a written resignation to the Board of Directors in which case such resignation shall be effective on the dated specified in the resignation; Fails to keep dues up to date in accordance with Section 7.4 and Section 7.5 of these of these By-Laws. Institut William Glasser - Canada / William Glasser Institute - Canada Constitution and By-Laws Page 8

9 7.10 Members Respecting Provisions of the Corporation The Corporation shall recognize that some of its members are subject to their rules and regulations governed by the Code of Ethics of their professional associations, [Example: The Canadian Counselling and Psychotherapy Association (CCPA). Institut William Glasser Canada / William Glasser Institute Canada shall provide its Code of Ethics to all members through the Policies, Procedures, and Programs Handbook of the Corporation Failure to respect any provision of the articles, by-laws or written policies of the Corporation shall be addressed by the Board of Directors and followed by a recommendation to the membership, if required. SECTION 8 - MEETINGS OF MEMBERS 8.1 Annual General Meeting The Annual General Meeting shall include all members who are entitled to receive notice of and to attend all meetings of members The purpose of the Annual General Meeting shall be to: a. receive and adopt the Financial Reports presented by the Treasurer; b. appoint, by resolution, a Public Accountant in accordance with Section ; c. adopt the budget for the new fiscal year proposed by the Board of Directors; d. receive reports on projects and from committees approved and/or established by the Board of Directors; e. ratify resolutions made during the fiscal year by the Board of Directors; f. propose amendments to the Constitution and By-Laws, in whole or in part, that present no substantive changes to the proposal in accordance with Section g. consider, accept, or reject proposed amendments to the Constitution and By-Laws, by resolution, as presented by the Board of Directors; h. suggest/discuss/propose other items to the agenda for consideration The Annual General Meeting shall be held in every fiscal year and no later than fourteen months after the date of the preceding annual general meeting. Institut William Glasser - Canada / William Glasser Institute - Canada Constitution and By-Laws Page 9

10 8.1.3 The Board of Directors shall decide annually on the format of the Annual General Meeting through either an in person meeting or some other format. [Example: GoToMeeting] The notice of the Annual General Meeting shall be given by the Secretary to each Member entitled to be present at the meeting and shall include: a. date, time, and place of meeting; b. copy of the agenda Notice of the agenda and the proposed amendments to the Constitution and By- Laws shall be sent in writing, via letter, newsletter, or other forms of communication at least 30 days prior to the date of the Annual General Meeting Any substantive amendments proposed by the Regular Members of the Corporation shall be sent to the Secretary of the Board of Directors at least 21 days prior to the date of the Annual General Meeting. The Secretary compiles the proposals received and sends them to the members at least 14 days in writing prior to the date of the Annual General Meeting Exceptional circumstances may occur regarding notice of meetings and which shall be ruled by the Chair of the Annual General meeting or other meetings of members as to their admissibility Quorum A quorum at any meeting of the members shall be 10% of the members entitled to vote at the meeting. If a quorum is present at the opening of a meeting of members, the members present may proceed with the business of the meeting even if a quorum is not present throughout the meeting. 8.2 Calling of Meetings and Member Proposals for Meetings Generally, the Secretary of the Executive Committee in concert with members of the Executive and/or the Board of Directors shall be responsible for the calling of meetings including the Annual General Meeting of members and setting the agenda Regular members may submit items to the Secretary of the Executive Committee for the agenda for the meetings of members at least 30 days prior to the date of the Annual General Meeting or meeting of members about any matter the Regular Member wishes to raise If a proposal includes nominations for the election of directors, the proposal must be signed by at least 5% of the Regular Members entitled to vote at the meeting of members. Institut William Glasser - Canada / William Glasser Institute - Canada Constitution and By-Laws Page 10

11 8.2.4 The Corporation is required to include the proposal in the notice of meeting that is sent to the Regular Members. The Corporation shall include the proposal and a statement, not to exceed 500 words in total in support of the proposal with the name and address of the member, if the member so requests The member who submitted the proposal is required to pay any cost of including the proposal and statement in the notice of meeting If the Board of Directors fail to call a meeting within 21 days of receiving the requisition, any member who signed the requisition may call a meeting and the corporation must reimburse the member for the cost of doing so Directors are not obliged to call a meeting or include the proposal if the submission of the proposal does not meet the requirements above; or the proposal is improper, in that the: directors are in the process of calling a meeting of members; directors have already called a meeting, or business stated in the proposal is improper in that: a. it is intended to enforce a personal claim or redress a personal grievance against the corporation, or its directors, officers, members or debt obligation holders; b. it does not relate in a significant way to the activities or affairs of the corporation; c. not more than 2 years before the receipt of the proposal, the member failed to raise the matter covered by the proposal at a meeting of members; d. it is substantially the same as a proposal previously submitted to members less than 5 years ago and it did not receive the minimum required support at that meeting; e. the rights to submit proposals are being abused to secure publicity A special resolution of the Regular Members shall be required to make any changes to the by-laws of the Corporation regarding the manner of giving notice to Regular Members entitled to vote at a meeting of members by a majority of two thirds (2/3) or more of the votes cast for or against. Abstentions are not counted in the votes cast The accidental omission to give notice, or the non-receipt of a Notice of Meeting to any of the Members entitled to receive it, does not invalidate proceedings at that meeting. Institut William Glasser - Canada / William Glasser Institute - Canada Constitution and By-Laws Page 11

12 8.3 Absentee Voting Regular Members are entitled to vote at a meeting of members by mailed-in ballots if the Corporation has a system that: enables the votes to be gathered in a manner that permits their subsequent verification, and permits the tallied votes to be presented to the Corporation without it being possible for the Corporation to identify how each member voted. 8.4 A special resolution of the members, passed by a majority of two-thirds (2/3) or more of the votes cast for or against, is required to make any amendment to the By-Laws of the Corporation to change this method of voting by members not in attendance at a meeting of members. Abstentions are not counted in the votes cast. 8.5 Voting Procedure Regular Members and members of organizations who fulfill the conditions of regular membership shall each have one (1) vote in all proceedings in which they are entitled to vote. Associate Members or members of organizations who fulfill the conditions of associate membership do not have a right to vote for any purpose Regular Members and members of organizations who fulfill the conditions of regular membership absent at the meeting may give a proxy vote, in writing, to another Regular Member present at the meeting for a specific issue or issues. The Regular Member sends this proxy vote to the President and to the member voting on the member's behalf Every question submitted to a vote, except the case of resolutions requiring a 2/3 majority, and amendments to the Constitution and By-Laws [Section 8.4], shall be decided by a majority or more than one-half (50% + 1) of the votes cast in favour or against. The Chair of the meeting may vote only in the case of a tie On every question submitted to a vote, a declaration by the Chair that a resolution has been carried or lost shall be conclusive evidence of the fact. Any Regular Member in the meeting may ask for a count Quorum A quorum at any meeting of the members shall be 10% of the members entitled to vote at the meeting. If a quorum is present at the opening of a meeting of members, the members present may proceed with the business of the meeting even if a quorum is not present throughout the meeting. Institut William Glasser - Canada / William Glasser Institute - Canada Constitution and By-Laws Page 12

13 8.6 Voting Procedure - Other Means of Communication A person participating in a meeting through some means of communication is deemed to be present at the meeting Regular Members and members of organizations who fulfill the conditions of regular membership shall each have one (1) vote in all proceedings in which they are entitled to vote. Associate Members shall not have a right to vote for any purpose Regular Members and members of organizations who fulfill the conditions of regular membership absent at the meeting may give a proxy vote, in writing, to another Regular Member present at the meeting for a specific issue or issues. The Member sends this proxy vote to the President and to the member voting on the member's behalf Every question submitted to a vote, except the case of resolutions requiring a 2/3 majority, and amendments to the Constitution and By-Laws [Section 8.4], shall be decided by a majority or more than one-half (50% + 1) of the votes cast in favour or against. The Chair of the meeting may vote only in the case of a tie On every question submitted to a vote, a declaration by the Chair that a resolution has been carried or lost shall be conclusive evidence of the fact. Any Regular Member in the meeting may ask for a count Questions submitted to an electronic vote shall be restricted to items that are determined by the Board of Directors to be of major importance that require the largest possible response rate from the membership. Electronic votes are conducted at the discretion of the Executive Committee with the approval of the Board of Directors On every question submitted to a vote, an electronic declaration by the Chair that a resolution has been carried or lost shall be conclusive evidence of the fact. This declaration shall be transmitted via to all Regular Members Quorum A quorum at any meeting of the members shall be 10% of the members entitled to vote at the meeting. If a quorum is present at the opening of a meeting of members, the members present may proceed with the business of the meeting even if a quorum is not present throughout the meeting. 8.7 A special resolution of the members, passed by a majority of two-thirds (2/3) or more of the votes cast for or against, is required to make any amendment to the By-Laws of the Corporation to change this method of voting by members not in attendance at a meeting of members. Abstentions are not counted in the votes cast. Institut William Glasser - Canada / William Glasser Institute - Canada Constitution and By-Laws Page 13

14 8.8 Persons Entitled to be Present The only persons entitled to be present at a meeting of members shall be Regular Members, members of organizations who fulfill the conditions of regular membership, the directors, the public accountant of the Corporation, and such other persons who are entitled or required under any provision of the Act, Articles or By-Laws of the Corporation. Any other person may be admitted only on the invitation of the Chair of the meeting or by resolution of the members who are present. Associate Members may also attend meetings of members without voting privileges and may speak at the discretion of the Chair of the meeting. 8.9 Chair of the Meeting The President of the board or, in his absence, one of the Vice-Presidents may chair the meeting or ask the General Assembly to choose a Chair. SECTION 9 - DIRECTORS ELIGIBILITY DUTIES ELECTION - TERM OF OFFICE VACANCY IN OFFICE 9.1 Directors - Eligibility A director shall meet all of the following qualifications: Be at least 18 years of age; Not having been declared incapable by a court in Canada or in another country; Not be in bankrupt status; No criminal record; A Member in Good Standing with the Corporation; At least certification designated as CTRTC or RTC Directors - Duties The Board of Directors is accountable to the members and responsible for managing and supervising the affairs of the Corporation. The Duties and responsibilities shall be outlined in the Policies, Procedures, and Programs Handbook. Among some of the duties and responsibilities are to: a. insure the success of communication to its members; b. prepare, oversee, and revise an annual budget for the Corporation; c. receive periodic financial reports from the Treasurer; d. allocate funding to support programs and projects; Institut William Glasser - Canada / William Glasser Institute - Canada Constitution and By-Laws Page 14

15 e. review and offer strategic plans for the members; f. set up committees and programs; g. receive periodic reports on the progress of all committees; h. offer input on any business brought to its attention; i. insure that the Constitution and By-Laws of the Corporation are followed; and j. prepare amendments to the Constitution and By-Laws, as required The property and business of the Corporation shall be managed by a board of not less than six (6) and not more than fourteen (14) directors of whom a majority of directors shall constitute a quorum. Directors must be individuals, eighteen (18) years of age, with power under law to contract The applicants for incorporation shall become the first directors of the Corporation whose term of office on the board of directors shall continue until their successors are elected. At the first meeting of members, the board of directors then elected shall replace the provisional directors named in the letters Patent of the Corporation The Board of Directors of the Corporation is obliged to keep certain records at its registered office or at some other location in Canada so designated by the Board of Directors. a. A reasonable fee may be charged by the corporation for extracts except that a member is entitled, on request and without charge, to one copy of the articles and by-laws, any amendments to them, and any unanimous member agreements. b. Any examination of records of the Corporation must take place during the regular business hours of the Corporation between 9 AM and 5 PM Directors are required to provide the members with the Financial Statements of the Corporation including the public accountant s report, before every annual meeting prepared in accordance with the generally accepted accounting principles. 9.3 Directors - Elections Elections shall be conducted by the Election Committee of three (3) individuals, one of whom is appointed Returning Officer by the Board of Directors from the Regular Members, and two appointed by the Board of Directors from non-voting members to oversee nominations and elections Members of the Election Committee may not nominate nor run for Office. Institut William Glasser - Canada / William Glasser Institute - Canada Constitution and By-Laws Page 15

16 9.3.2 Officers and directors shall be elected by ballot or acclamation from the Regular Members of the Corporation The election shall normally take place in November so that newly-elected members may assume office following their being elected or acclaimed and further ratified at the Annual General Meeting. 9.4 Election Procedures Election procedures shall be determined by the Board of Directors at its first meeting in September of the year preceding the time when nominations and elections are to take place. The procedures shall include the following: a. appoint a Returning Officer who is not running for office or nominating anyone for election and an alternate should the Returning Office be unable to carry out duties; b. outline the roles and responsibilities of the Returning Officer; c. set the timeline for nominations and elections; d. present the forms required for nominations and elections; e. stipulate the manner in which voting shall take place; f. review and list voting members of the Corporation; g. offer any other assistance deemed necessary The Corporation shall provide all members eligible to vote with the voting procedures outlined in the Policies, Procedures, and Programs Handbook of the Corporation. 9.5 Directors Term of Office The term of office for officers and directors shall be for two (2) years from the date on which the officer takes office and shall be effective until the first regular meeting of the Board of Directors at which his successor takes office When individuals are appointed or elected by the Board to fill a vacancy on the Board, they will hold office for the unexpired term of their predecessor only The Board is deemed to continue to exist at all times despite any change in its Board membership and may take up and carry on to complete all reports, proceedings and other matters under consideration prior to an interim appointment or election. Institut William Glasser - Canada / William Glasser Institute - Canada Constitution and By-Laws Page 16

17 9.6 Vacancy on the Board of Directors If the office of any officer of the Corporation shall be or become vacant, the Board of Directors may, by resolution, appoint a person to fill such vacancy for the unexpired term of his predecessor A vacancy during the term of a sitting Board Member may arise for a variety of reasons, including: a. a resignation; b. the removal of a director by the members for cause related to the duties and responsibilities of his position; or c. was not filled during the election period. 9.7 Removing a director shall require a special general meeting and the approval of a majority of two-thirds (2/3) or more of the votes cast for or against for the purpose of removing the director and electing another director to fill the vacancy created by the removal. Abstentions are not counted in the votes cast. 9.8 If a meeting is called to remove or replace a director, that director may submit to the Corporation a written statement giving reasons for opposing his removal or replacement as a director. The Corporation is required to give notice of this statement to the members and must also file a copy of the statement with Corporations Canada. 9.9 If a vacancy occurs on the board of directors, the remaining directors may continue to exercise all the powers of directors as long as the number of remaining elected directors constitutes a quorum Whenever there is a change of Directors, the Corporation must file Form 4006 (Changes Regarding Directors) with Corporations Canada within fifteen (15) days of the change. SECTION 10 MEETINGS OF DIRECTORS OFFICERS EXECUTIVE COMMITTEE 10.1 Calling of Meetings Meetings of the Board of Directors may be called by Chair or President the of the board, the Vice-Chair or Vice-President of the board or any two (2) directors at any time; provided that, for the first organization meeting following incorporation, such meeting may be called by any director or incorporator. If the Corporation has only one director, that director may call and constitute a meeting The Board of Directors shall meet on a regular basis at a time and date suitable to the members of the board to oversee the management and operations of the Corporation Directors may also need to meet occasionally to conduct special business. Institut William Glasser - Canada / William Glasser Institute - Canada Constitution and By-Laws Page 17

18 Meetings of the board can be held whenever and wherever the board wishes An absentee director may not appoint a proxy or nominee to attend the board meeting. This should not be confused with the ability of members to appoint proxy holders to attend general meetings of members Executive Committee The Executive Committee Members of the Corporation are elected as both officers and directors by the members of the Corporation to assist the directors in carrying out certain specified functions The officers shall have duties and responsibilities associated with their positions and in accordance with the Policies, Procedures and Programs Handbook of the Corporation The President shall be the chief executive officer of the Corporation and shall be responsible for implementing the strategic plans and policies of the Corporation. The president shall, subject to the authority of the board, have general supervision of the affairs of the Corporation If the President steps aside as Chair momentarily, the Board of Directors may appoint a temporary Chair. The President may ask the Board of Directors to choose any member of the Board to serve as Chair at any time The Vice-President shall, in the absence or disability of the President, perform the duties and responsibilities of the president and shall perform such other duties as shall time to time be required of him by the Board of Directors The Secretary shall attend and be the secretary of all meetings of the Executive Committee and the Board. The secretary shall enter or cause to be entered in the Corporation's minute book, minutes of all proceedings at such meetings; the secretary shall give, or cause to be given, as and when instructed, notices to members, directors, the public accountant and members of committees; the secretary shall be custodian of all books, papers, records, documents and other instruments belonging to the Corporation The Secretary in concert with the President sets the agenda for all meetings and sends notice to the appropriate members. This procedure also applies to general meetings The Treasurer shall have such powers and duties as the Board of Directors may specify The powers and duties of all other officers of the Corporation shall be such as the terms of their engagement call for or the Board of Directors or President requires of them. Institut William Glasser - Canada / William Glasser Institute - Canada Constitution and By-Laws Page 18

19 A former President of the Corporation may serve in an advisory capacity on the Board of Directors at the invitation of the Board and serve on the Executive Committee The Board of Directors may, from time to time, vary, add to or limit the powers and duties of any officer The Executive Committee shall meet at least three (3) times per year in January, June and December at a time, place and method to review committee work in progress and to assist and advise the Board of Directors on strategic planning. SECTION 11 - NOTICES 11.1 Notice of Meetings and Purpose Notice of the time, place and purpose [agenda] for the holding of a meeting of the Board of Directors shall be given to every director of the Corporation at least 7 days before the time when the meeting is to be held by one of the following methods: delivered personally to the latest address as shown in the last notice that was sent by the Corporation mailed by prepaid ordinary mail to the director's address as set out in by telephonic, electronic or other means communication at the director's recorded address for that purpose; or by an electronic document Notice of a meeting shall not be necessary if all of the directors are present, and none objects to the holding of the meeting, or if those absent have waived notice of or have otherwise signified their consent to the holding of such meeting Notice of an adjourned meeting is not required if the time and place of the adjourned meeting is announced at the original meeting Invalidity of any provisions of this by-law The invalidity or unenforceability of any provision of this by-law shall not affect the validity or enforceability of the remaining provisions of this by-law Omissions and Errors The accidental omission to give any notice to any member, director, officer, member of a committee of the board or public accountant, or the non-receipt of any notice by any such person where the Corporation has provided notice in accordance with the by-laws or any error in any notice not affecting its substance shall not invalidate any action taken at any meeting to which the notice pertained or otherwise founded on such notice. Institut William Glasser - Canada / William Glasser Institute - Canada Constitution and By-Laws Page 19

20 11.4 Committees The board may from time to time appoint any committee or other advisory body as it deems necessary or appropriate for such purposes and with such powers as the board shall see fit The Standing Committees deemed by the board of directors to serve the Corporation are as follows: a. Communication; b. Constitution and By-Laws; c. Election; d. Finance and Investment; e. Membership; f. Professional Development; g. Program Development; h. Research & Development; i. Scholarship; and j. Others, determined by the Board of Directors Any such committee shall record minutes, formulate its internal rules of procedure, subject to such regulations or directions as the Board of Directors may from time to time make Any committee member may be removed by resolution of the Board of Directors for cause related to the duties and responsibilities of the member. SECTION 12 - DISPUTE RESOLUTION 12.1 Mediation and Arbitration Disputes or controversies among members, directors, officers, committee members, or volunteers of the Corporation are as much as possible to be resolved in accordance with mediation and/or arbitration as provided in Section 12.2 of this by-law Dispute Resolution Mechanism In the event that a dispute or controversy among members, directors, officers, committee members or volunteers of the Corporation arising out of or related to the articles or bylaws, or out of any aspect of the operations of the Corporation is not resolved in private Institut William Glasser - Canada / William Glasser Institute - Canada Constitution and By-Laws Page 20

21 meetings between the parties, then without prejudice to or in any other way derogating from the rights of the members, directors, officers, committee members, employees or volunteers of the Corporation as set out in the articles, by-laws or the Act, and as an alternative to such person instituting a law suit or legal action, such dispute or controversy shall be settled by a process of dispute resolution as follows: The dispute or controversy shall first be submitted to a panel of mediators whereby the one party appoints one mediator, the other party (or if applicable the board of the Corporation) appoints one mediator, and the two mediators so appointed jointly appoint a third mediator. The three mediators will then meet with the parties in question in an attempt to mediate a resolution between the parties The number of mediators may be reduced from three to one upon agreement of the parties If the parties are not successful in resolving the dispute through mediation, then the parties agree that the dispute shall be settled by arbitration before a single arbitrator, who shall not be any one of the mediators referred to above, in accordance with the provincial or territorial legislation governing domestic arbitrations in force in the province or territory where the registered office of the Corporation is situated or as otherwise agreed upon by the parties to the dispute. The parties agree that all proceedings relating to arbitration shall be kept confidential and there shall be no disclosure of any kind. The decision of the arbitrator shall be final and binding and shall not be subject to appeal on a question of fact, law or mixed fact and law All costs of the mediators appointed in accordance with this section shall be borne equally by the parties to the dispute or the controversy. All costs of the arbitrators appointed in accordance with this section shall be borne by such parties as may be determined by the arbitrators. SECTION 13 DISSOLUTION AND LIQUIDATION 13.1 In the event of dissolution of the Corporation, remaining assets after payment of liabilities shall be distributed to Canadian universities organizations in the provinces and/or territories that supported the objectives of the Corporation To effect the intention of section 14.1 the distribution of assets shall be made to the following universities and/organizations in the area of research and development in the British Columbia Fraser University Saskatchewan University of Saskatchewan Manitoba Brandon University Ontario University of Toronto Québec Concordia University Université de Montréal New Brunswick University of Moncton Nova Scotia Acadia University Prince Edward Island University of Prince Edward Island Nunavut Nunavut Arctic College Institut William Glasser - Canada / William Glasser Institute - Canada Constitution and By-Laws Page 21

22 SECTION 14 - AMENDMENT OF BY-LAWS 14.1 Amendments to this Constitution or its related By-laws may be made at any Annual General Meeting of the Corporation or through secure electronic voting procedures, provided the following conditions are met: The Executive Committee and the Board of Directors must approve the proposed amendment additions or deletions by a majority vote; Electronic votes are conducted at the discretion of the Executive Committee with the approval of the Board of Directors. This decision is based on which, if any, By-law amendments are of major importance that require the largest possible response rate from the membership and will therefore be conducted through electronic voting procedures. Amendments that do not require the largest possible response rate from the membership shall be reserved for the Annual General Meeting; Copies of the proposed changes shall be distributed to members of the corporation at least 30 days prior to the established voting date of the Annual General Meeting; Any proposed changes to the Constitution or its related By-Laws must be approved by two-thirds (2/3) or more of the votes cast for or against by special resolution. Abstentions are not counted in the votes cast Such appeal or amendment must be approved by the Minister of Industry Canada. SECTION 15 - EFFECTIVE DATE 15.1 CERTIFIED to be the Constitution and By-Laws Section 1 through Section 15 for Corporation No Institut William Glasser - Canada / William Glasser Institute - Canada, as enacted by the Directors of the Corporation by resolution on the 21st day of March, 2015 and confirmed by the members of the Corporation by special resolution on the 22nd day of March, Dated as of the 22nd day of March, 2015 in Regina, Saskatchewan at AGM. Rolf Ahrens, President Maureen Craig McIntosh, Secretary Institut William Glasser - Canada / William Glasser Institute - Canada Constitution and By-Laws Page 22

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