PEEL HALTON SOCCER ASSOCIATION

Transcription

1 PEEL HALTON SOCCER ASSOCIATION By-Laws and Rules and Regulations A member of Amended on November 28 th,

2 PEEL HALTON SOCCER ASSOC IATION BYLAW ARTICLE 1 NAME The name of this organization shall be THE PEEL HALTON SOCCER ASSOCIATION, hereinafter referred to as The District Association. The head office of The District Association shall be within the Regional Municipalities of Peel or Halton. ARTICLE 2 OBJECTIVES The objectives of The District Association shall be: To promote, develop and govern the game of soccer, both indoor and outdoors, in the Regional Municipalities of Peel and Halton. The To represent and act on behalf of the Ontario Soccer Association in the administration of OSA programs within the District. To represent and act on behalf of its Member organizations and assist them to develop and effectively administer soccer programs. ARTICLE 3 AFFILIATION The District Association shall be a member of T h e Ontario Soccer A s s o c i a t i o n and shall abide by the Published Rules and Policies of Ontario Soccer. The District Association is subject to the Published Rules in declining order of authority of the following governing organizations: The Canadian Soccer Association The Ontario Soccer Association The District Soccer Association - 2 -

3 ARTICLE 4 MEMBERSHIP The District Association shall be composed of the following categories of Members: a) Active Membership shall be open to all properly constituted soccer clubs which have their head office in the District. There shall be subcategories of Active Membership as laid out in the Rules and Regulations. Membership shall be granted after approval by the Board of Directors. All clubs shall have a Constitution which meets the minimum requirements for a Club Constitution in accordance with OSA s Published Rules. A Club which meets the OSA definition of: 1. professional club which operates professional team(s) only 2. club which operates both professional and amateur teams 3. social club 4. service club 5. club operated by a municipality 6. club operated by a facility 7. club running a senior recreational league 8. for-profit club may apply, in writing, for an exemption from any minimum requirement for a Club Constitution, subject to the approval of the Board of Directors of both The District Association and The OSA. b) Associate Membership shall be open to - provincial leagues, regional leagues, multi-jurisdictional district leagues, district leagues, multijurisdictional club leagues, educational institutions and other organizations which operate soccer programs which support the objectives of, and operate within, The District Association. Associate Membership shall also be open to coaching associations and referee associations operating within The District. Association. Membership shall be granted after approval by the Board of Directors. In order to be eligible for Associate Membership, a league must have a By-Law or Constitution which is in full compliance with the minimum requirements for a League By-Law in accordance with O S A s Published Rules

4 c) Honorary Membership may be conferred by the Board of Directors upon a person for a period of time. Honorary Members are afforded all the rights of membership and shall have a voice but no vote at general meetings of The District Association. d) Life Membership may be conferred by the Board of Directors upon a person. Life Members are afforded all the rights of membership and shall have a voice but no vote at general meetings of The District Association. ARTICLE 5 MEMBERSHIP FEES Annual Membership Fees for Active and Associate Members shall consist of flat fees established by a majority of delegates present and entitled to vote at the AGM. Active Members shall be required to pay player registration fees which shall be set by the Board of Directors and ratified by the Membership at a general meeting of The District Association. ARTICLE 6 APPROVAL OF NEW MEMBERS A Club shall be accepted into Active Membership, and an organization shall be accepted into Associate Membership, upon: 1. Submitting an application form along with other required documents and membership fees. 2. Agreeing to and adhering to the membership application and review process laid out in the Rules and Regulations. 3. Obtaining the approval of The District Association Board of Directors. ARTICLE 7 MEMBERSHIP RENEWALS a) Active and Associate Members wishing to renew their status for the coming year must submit their application along with required documents and the appropriate fee prior to new business at the current AGM, as set out in the Rules and Regulations. a) Members wishing to change their sub-category of Active Membership shall file an Application for a Membership Change during the prescribed period and submit the necessary documentation and fees in accordance with the Rules and Regulations

5 ARTICLE 8 RIGHTS OF MEMBERS (a) Active Members shall be accorded the following rights: 1. To be governed in accordance with CSA, The OSA and The District Association s Published Rules. 2. To register players, administrators, team officials and match officials with Ontario Soccer and The District Association. 3. To be a member of, and register teams with, OSA sanctioned leagues and to operate club leagues in accordance with OSA Published Rules. 4. To enter teams in OSA sanctioned competitions. 5. To participate in OSA sanctioned programs, and District Association sanctioned programs, such as player, coach and referee development and to operate their own player, coach and referee development programs. 6. To attend and vote at all general meetings called by The District Association. 7. To participate in the OSA insurance plan. (b) Associate Members shall be accorded the following rights: 1. To be governed, where applicable, in accordance with OSA and The District Association s Published Rules. 2. To register, where applicable, administrators and teams with the O S A and The District Association. 3. To enter teams, where applicable, in OSA sanctioned competitions. 4. To participate in OSA and District Association sanctioned programs. 5. To attend and vote at all general meetings called by The District Association

6 ARTICLE 9 DISCIPLINE OF A MEMBER A Member may be fined, suspended or expelled from membership for cause and only after charges have been laid in accordance with The District Association s Published Rules and a hearing held in accordance with The District Association s and O S A s p ublished rules. A M ember whose membership has been suspended loses all rights of membership until the suspension has been removed. ARTICLE 10 MEMBERSHIP STATUS 10.1 The membership status of Member or Associate Member may be reviewed by The District Association if they are deemed to be in violation of any membership requirement as prescribed by these By-Laws or by the Rules & Regulations of the District Association The District Association may deem a Member or an Associate Member status as follows: (a) Member in Good Standing Being a member in good standing affirms the commitment of the Member/ Associate Member to the vision of The District Association and its affiliated and governing bodies, as reflected in all applicable governing documents, to which all Members/Associate Members are bound. Members/Associate Members in good standing will not engage in any activities that put The District Association in jeopardy nor engage in any activities deemed detrimental to the game or that may discredit the Association or its Members/Associate Members in good standing. (b) In-Review Members/Associate Members that are being reviewed by The District Association for any outstanding issues or discrepancies with their membership requirements are designated as "In-Review". The Member/Associate Member designated as such remains a member of The District Association and is not restricted in its soccer activities. (c) Member Not in Good Standing A Member/Associate Members shall be deemed "Not in Good Standing": (i) (ii) (iii) if their membership status is either suspended or expelled; if they have overdue unpaid fees, dues or other obligations to any of their governing organizations (the PHSA, the OSA, the CSA) or to a sanctioned member and/or competition; or if they have failed to follow any administrative or financial directives of its governing organizations

7 The reasons for designating a Member/Associate Member as being "Not in Good Standing" must be disclosed to the Member/ Associate Member in writing and the decision must be ratified by a Directors Resolution at the next Board of Directors meeting. A Member/Associate Member designated "Not in Good Standing" shall not be entitled to administrative services and shall be restricted from entry into any OSA sanctioned soccer competition (leagues, exhibition games, tournaments and festivals) and may only have that status removed by The District Association upon review and proof that the actions or defaults of the Member/Associate Member have been rectified. (d) Suspended Members/Associate Members are designated as "Suspended" when, after the time frame established by the District Association, they have failed to comply with any membership requirements, disciplinary sanctions or engaged in any material misconduct. Members/Associate Members designated as such remain a member of The District Association but are restricted in their soccer activities, including not being permitted to enter into any OSA sanctioned competitions (leagues, exhibition games, tournaments and festivals), not obtaining travel permits, not having any hosting rights, and not having the right to appoint CSA certified Match Officials to officiate any competitions involving the Member Club until all issues are cleared, except as otherwise provided in writing. (d) Expelled Members/Associate Members that have violated membership requirements or any By-Laws, Operational Policies or Rules & Regulations of any affiliated Governing Organizations, or have acted in a manner that has been deemed detrimental to the game and/or that discredits The District Association will be expelled. An expelled member will have their membership to The District Association and its governing bodies terminated in accordance with Article 11 below A Member/Associate Member designated as "Not In Good Standing", through suspension, loses all rights to attend, vote, speak and make motions at all general meetings of the PHSA or its governing organizations, until the status has been removed. In these circumstances, a representative or representatives of the Member/Associate Member may be invited, by the President of The District Association, to a general meeting as a guest (or observer) A Member/Associate Member designated as "Not In Good Standing" shall have that status removed by The District Association by a Directors Resolution upon satisfactory proof that its actions or defaults which led to the designation of "Not In Good Standing" have been fully rectified

8 ARTICLE 11 TERMINATION OF MEMBERSHIP Membership in The District Association shall been terminated: be deemed to have 1. If the Member submits a signed letter of withdrawal to the District Association, or 2. If the Member is expelled by The District Association, or 3. If the Member is declared to be "Not in Good Standing" and fails to rectify its membership status prior to The District Association's Annual General Meeting or such other deadline as may be imposed by The District Association, in writing, or 4. If the Member fails to renew membership in accordance with the By- Law and Published Rules. If a Member has been deemed to be terminated pursuant to subparagraphs 11 (3) or 11 (4), The District Association shall send the Member written Notice of Termination. The termination shall be final and binding upon the Member if they fail to rectify their membership status or to renew their membership in accordance with the Rules & Regulations, within 30 days following receipt of this Notice of Termination. No such termination shall be subject to appeal or to dispute resolution. ARTICLE 12 ANNUAL GENERAL MEETING a) The Annual General Meeting of The District Association shall be held on the last Saturday in the month of November. Failure to attend shall result in a fine, the amount to be published annually in the PHSA Schedule of Fees, Fines, Bonds and Penalties. b) All members shall receive fourteen (14) days clear notice of the time and location of the Annual General Meeting. c) Order of Business at Annual General Meetings: i) Roll Call and Report of Credentials Committee ii) National Anthem iii) Period of Remembrance iv) Tributes and Introduction of Guests v) Minutes of the Previous Annual General Meeting vi) President s Address vii) Officers and Directors Reports viii) Executive Director s Report ix) Treasurer s Report and Financial Statements - 8 -

9 x) Auditor s Report xi) Other Reports xii) Unfinished Business xiii) Amendments to the By-Law and Rules and Regulations xiv) Roll Call and Report of the Credentials Committee xv) Election of Officers and Directors xvi) Any Other Business xvii) Adjournment d) The Presiding Officer may, at his/her discretion, introduce any special business for discussion after the approval of the minutes. ARTICLE 13 SPECIAL GENERAL MEETINGS a) A Special General Meeting may be called by the Board of Directors by its own motion. b) A Special General Meeting shall be called within thirty (30) days following the receipt of a written request signed by not less than onethird (1/3) of the total number of current Active and Associate Members or by sufficient Members to represent not less than one-third (1/3) of the voting membership as defined at the most recent AGM or SGM. c) All members shall receive fourteen (14) days clear notice of the date, time, location and purpose of any Special General Meeting. d) Only the business for which a Special General Meeting has been called will be dealt with, except with unanimous consent of those present. ARTICLE 14 RULES OF ORDER All meetings of The District Association shall be conducted in accordance with Robert s Rules of Order insofar as they may apply. ARTICLE 15 PRESIDING OFFICER The President shall preside at all General Meetings of The District Association and, in his absence, the Vice-President shall take the chair. The absence of both of those officers shall require the selection, by the Board of Directors, of a pro-tem Presiding Officer. ARTICLE 16 QUORUM Members representing fifty percent (50%) of the voting Membership shall form a quorum at all general meetings of The District Association

10 ARTICLE 17 MEMBERS VOTING RIGHTS a) Those who shall be qualified to vote and to take part at a general meeting of The District Association shall be accredited delegates of organizations in membership. b) The number of accredited delegates allowed to organizations in membership shall be as specified within this By-law. c) Each Active Member shall be entitled to have all its votes cast whether it be represented by one or all of its delegates but not by any other Member. d) At all meetings of The District Association, voting shall be by a show of hands unless a poll is requested. Decisions shall be reached by a simple majority unless otherwise required by this By-law. e) If a poll is required, appointed scrutineers shall total the votes and report same to the Presiding Officer who shall announce to the assembly for the record. f) The President shall have a casting vote only. g) Officers and Directors shall have a voice but shall not vote at a General Meeting. h) Officers and Directors may not sit as voting delegates at a General Meeting. i) An Active Member of The District Association shall be entitled to the following votes at all General Meetings of the Association: i) A vote for the first fifty (50) registered players, or part thereof; plus ii) iii) iv) A vote for each additional hundred (100) registered players, or part thereof, up to 1000 additional registered players; plus A vote for each additional two-hundred (200) registered players, or part thereof. Registered player count is based on registration forms completed and returned to The District Association or by computer for clubs using the current OSA Registration System. j) Each Associate Member shall be entitled to one (1) vote

11 ARTICLE 18 DELEG ATES TO GENERAL MEETINGS Each Member shall be represented by a maximum of two (2) accredited delegates to be identified to the Secretary prior to the meeting. ARTICLE 19 BOARD OF DIRECTORS a) The business of The District Association shall be conducted by a Board of Directors that shall be comprised of four (4) Officers and five (5) Directors. b) The Officers of The District Association shall be the President, Vice- President, Secretary and the Treasurer. c) The Directors of The District Association shall be the Competition Director, Director Senior Soccer, Director Youth Soccer, Director of Referees and Director at Large (with duties as determined by the Board of Directors). d) Candidates for election as Officers and Directors of The District Association shall meet the following criteria: President Vice-President Secretary Shall have been a member of the Executive on the PHSA's Board of Directors or have had equivalent soccer experience, preferably within the previous two years. Shall have been a member of the Board of Directors or have had equivalent soccer experience, preferably within the previous two years. Shall have at least two (2) years (Soccer) Discipline Committee experience and shall hold Discipline Certification Level 1. Shall have been a member of the Board of Directors or have had equivalent soccer experience, preferably within the previous two years. Treasurer Shall have finance/accounting experience preferably gained through practical work in a finance/ accounting role

12 Competition Director Shall have experience as a Member of a Board of Directors of a registered Club, League or District Association, preferably within the previous two years. Director at Large Director of Match Officials Director Senior Soccer Director Youth Soccer Shall be an active/previous Match Official (preferably Provincial). Shall have experience as a member of the Board of Directors of a registered Club, District Association or Senior Soccer League, preferably within the previous two years. Shall have experience as a member of the Board of Directors of a registered Club, District Association or Youth Soccer League, preferably within the previous two year. e) In addition, a Director shall be eighteen (18) years of age or older, a person of sound mind, and shall not be an undischarged bankrupt. f) The Directors shall be subject to the Ontario Soccer s Conflict of Interest Policy. ARTICLE 20 TENURE AND ELECTION a) The election of Officers and Directors shall be by secret ballot at The District Association s Annual General Meeting. b) The following shall be elected for a two (2) year term at the Annual General Meeting held in odd numbered years: President, Treasurer, Competition Director, Director Youth Soccer and Director of Match Officials. c) The following shall be elected for a two (2) year term at the Annual General Meeting held in even numbered years: Vice-President, Secretary, Director at Large, Director Senior Soccer and District Registrar

13 d) Election of Officers and Directors (1) General The election of Officers and Directors shall be by secret ballot at The District Association's Annual General Meeting. A majority of votes cast (i.e. more than 50% of the total eligible votes cast) is required for election as an Officer or Director. If no candidate receives the votes necessary for election, the candidate with the fewest votes will be dropped from the ballot and the procedure repeated. If a sitting Officer or Director is elected to another position on the Board of Directors, her/his original position is immediately vacated and an election shall be held to fill the vacated position for the balance of the term remaining. (2) Nomination Procedures: a) Nominations Committee: The outgoing Board of Directors shall appoint a Nominations Committee not less than 75 days prior to The District Association's Annual General Meeting. This Nominations Committee shall be chaired by an independent person, shall consist of an odd number of members, and shall have a minimum of three members. Incumbent Directors seeking re-election are not permitted to be a member of the Nominations Committee. b) Committee Mandate: The Nominations Committee shall: (i) (ii) notify Members and Associate Members of the directors positions open for election and the nominations procedure; canvas the incumbents currently serving as Directors in the positions that open for election to determine if they will be seeking re-election; and (iii) identify, recruit and screen all candidates to ensure that they qualify for election to the Board of Directors. c) Nomination Screening: The Nominations Committee shall oversee the nominations process and ensure the following: (i) that all nominations are made in accordance with this By-Law; (ii) that all nominees qualify for the positions that they have been nominated for; (iii) that all nominees have accepted the nomination and signed a "Consent to Act as a Director"; and

14 (iv) that proposed nominees do not have a conflict of interest that precludes them from seeking election as a Director. (d) Nominator: A nominee must be nominated by a Member/Associate Member of The District Association who is in Good Standing or by the PHSA Nominations Committee or its Board of Directors. (3) Posting of Nominations Procedure: Notice of the director positions open for election and the prescribed qualifications and nominations procedures will be posted on the PHSA web site and sent to all Members and Associate Members at least 60 days prior to the Annual General Meeting. (4) Nominations: Each nomination must be: (i) (ii) submitted in written form in the form of Appendix "C"; accompanied by the nominee s duly signed "Consent to Act as a Director", biographical information and permission to post personal information on the PHSA web site; (iii) All nominations must be received no later than 45 days prior to the Annual General Meeting; (iv) Notwithstanding the above, nominations from the floor at the Annual General Meeting will only be accepted under the following circumstances: - no nominations were received by the Nominations Committee for a specific position; or - if all valid nominations are subsequently withdrawn. (v) Nominees may be nominated for more than one position, however, they may only be elected to one position as a Director and they must withdraw as a nominee for any additional positions, if they are elected to any other position. (5) Posting of Nominees: Notice of all eligible nominees will be posted on the PHSA web site and sent to all Members or Associate Members at least 21 days prior to the Annual General Meeting. The Notice will contain a list of all open positions, the name of the incumbent director, the names of all qualified nominees, and the name of the Member, Associate Member or entity who nominated each nominee

15 e) Election Procedures: (1) Prior to the election, the Chair of the Meeting shall appoint the OSA Representative to oversee and run the election(s), ask all Board Members whose tenure has expired to leave the head table appoint tellers/counters to assist with the election; (2) If only one nomination is received for a specific position, that individual shall be elected by acclamation. (3) If more than one person is nominated for a specific position, there shall be a secret ballot conducted as follows: ii) iii) iv) Each position shall be identified and voted on separately; Prior to the actual vote for a specific position, the OSA Representative will ask each nominee to address the members for no more than 3 minutes; After a reasonable time, the OSA Representative will direct the delegates to place the voting slips in the voting boxes provided; v) The scrutineers will collect the voting boxes and count the votes; vi) The scrutineers will return and provide the Returning Officer with the following information: - number of eligible votes cast - number of spoiled votes cast - number of votes necessary for the election - votes cast for each candidate vii) viii) ix) If a candidate receives the votes necessary for election, the OSA Representative will declare that candidate elected; If no candidate receives the votes necessary for election, the OSA Representative will declare no result. The candidate with the fewest votes will be automatically dropped and the election process will be repeated. At the conclusion of the election process for each position, including any recount if required, the Returning Officer will ask for a motion to destroy ballots

16 ARTICLE 21 EXECUTIVE COMMITTEE The Officers of The District Association shall serve as the Executive Committee. During the intervals between meetings of the Board of Directors, the Executive Committee shall possess, and may exercise, all the powers of the Board in management and direction of the affairs of The District Association. ARTICLE 22 MEETINGS OF THE BOARD OF DIRECTORS The Board of Directors shall meet not less than quarterly. A majority of members shall form a quorum at all meetings. Minutes shall be kept of all Board Meetings and an executive summary shall be made available to all Active and Associate Members. ARTICLE 23 MEETINGS OF THE EXECUTIVE COMMITTEE Meetings of the Executive Committee shall be held at the call of the President. A majority of the members shall form a quorum at all meetings. Minutes of each Executive Committee meeting shall be presented at the next meeting of the Board of Directors. ARTICLE 24 MEMBERS OF THE BOARD OF DIRECTORS The President shall preside at all meetings of The District Association and shall have a casting vote only. The Vice-President shall be the senior Officer of The District Association next to the President, shall preside at all meetings in the President s absence and shall have such other duties as prescribed. The Secretary shall be responsible for the corporate affairs of The District Association. The Treasurer shall be responsible for the fiscal affairs of The District Association. The Directors shall have duties related to their position and as prescribed, from time-to-time, by the Board of Directors. Members of the Board of Directors shall not sit on a Discipline Committee of a Club or District League

17 ARTICLE 25 DISTRICT REPRESENTATIVE a) The District Representative shall be appointed by and from the Board of Directors. b) The District Representative shall be the official representative of the District Association to Ontario Soccer and shall have other duties as prescribed. ARTICLE 26 VACANCIES a) A Member of the Board of Directors has the right to resign his/her position by submitting a signed letter of resignation to the District Association. b) No member of the Board of Directors shall be removed for arbitrary reasons but may be removed if the member is unable to perform the duties expected of the position due to, but not limited to, any of the following reasons: i) If he/she becomes of unsound mind or otherwise incapable of performing the business of The District Association. ii) iii) iv) If he/she is absent from two (2) meetings of the Board without satisfactory reason. If he/she no longer resides in reasonable proximity to The District Association. If he/she becomes, or is discovered to be, an undischarged bankrupt. c) A member of the Board of Directors may be removed if he/she has compromised the integrity of The District Association due to, but not limited to, any of the following reasons: i) If he/she has been found guilty of an offence under the Harassment Policy of The OSA. ii) iii) iv) If he/she has been found guilty of an offence involving violence under the Discipline Policy of The OSA. If he/she has failed to properly account for monies or other property belonging to The District Association. If he/she has been found guilty of a criminal offense regardless of whether or not the offense directly affected The District Association. v) If he/she has failed to act in accordance with the OSA s Conflict of Interest Policy

18 d) A member of the Board of Directors may be removed from office for good and sufficient reason at a meeting of the Board by a two-thirds (2/3) majority vote of the members present, provided notice to remove the member has been given to all members of the Board of Directors. e) A member of the Board of Directors may be removed from office for good and sufficient reason at a General Meeting of Members of The District Association provided notice to remove the member of the Board of Directors has been given to Members entitled to attend the meeting. f) Should a vacancy occur on the Board of Directors, the Board may appoint a person to fill the vacancy until the next Annual General Meeting or Special General Meeting called for that purpose. The person appointed may not be a person previously removed from office by the Membership. ARTICLE 27 AUDITOR a) The accounts of The District Association shall be audited annually by the Auditor who shall be an accredited accountant. b) The audited accounts shall be presented annually to the Membership at the AGM. c) The Auditor shall be appointed by the Board of Directors and approved by the members at the Annual General Meeting. ARTICLE 28 EXECUTIVE DIRECTOR a) There may be an Executive Director who shall be selected and appointed by the Board of Directors. b) He/she shall be paid such remuneration as determined by the Board of Directors and shall have such duties as prescribed by the Board. ARTICLE 29 COMMITTEES a) Standing Committees or Special Committees may be appointed by the Board to hold office during the pleasure of the Board and shall have such duties and responsibilities as the Board may determine. The President shall be, ex officio, a member of the Committees. b) The following Standing Committees shall be established within 30 days following the Annual General Meeting: (i) (ii) (iii) (iv) The Technical Committee; The Finance Committee; The Governance Committee; and The Operations Committee

19 c) Each Standing Committee shall propose its mandate and objectives for the year within 60 days following the Annual General Meeting which must be approved by the Board of Directors. d) The Board of Directors shall appoint a Director as the Chair of each Standing Committee which shall include a minimum of two Directors and a minimum of three Member representatives. e) Members shall have three weeks following the Annual General Meeting to apply to serve on any Standing Committee and the designated Chair shall have sole discretion to select committee members and determine the size of the Committee. f) At meetings of a Committee, a majority of members shall form a quorum. g) Committees shall meet four times per year or more frequently, if required. h) Minutes of each committee meeting shall be presented to the next meeting of the Board of Directors. i) Reports and Recommendations proposed by the Standing Committees or Special Committees shall be presented to the Board of Directors for consideration and approval. ARTICLE 30 OTHER REGULATIONS a) The District Association may approve and publish such miscellaneous Rules and Regulations as may be deemed necessary to promote, develop and govern the game of soccer within its jurisdiction. b) The District Association may impose such other regulatory measures as it deems necessary for the efficient administration of the playing structure of the game within its jurisdiction. c) No such Rule or Regulation may violate an individual s right or freedom except as may be required to protect the rights and freedom of any other individual and to ensure the stability of the basic structure of the game. No such Rule or Regulation shall be inconsistent with this By-law nor with the Rules and Regulations of a higher level governing organization. ARTICLE 31 APPEALS a) Each Member of The District Association shall be entitled to a hearing if any discipline action is proposed against them by The District Association

20 b) Any member or registrant of The District Association directly affected by a decision of The District Association may appeal such decision to The OSA, in accordance with Ontario Soccer s published rules. c) The denial or termination of membership in The District Association may be challenged through Ontario Soccer s Dispute Resolution Process. ARTICLE 32 DISPUTE RESOLUTION The District Association shall adhere to the OSA s published Dispute Resolution process. The District Association shall make the Dispute Resolution process available to any Member upon request. ARTICLE 33 HARASSMENT The District Association shall adhere to the OSA s published Harassment Policy. The Harassment Policy shall apply to all employees, directors, officers, volunteers, coaches, game officials, administrators, players, Members and registrants of The District Association. The District Association shall make the Harassment Policy available to any Member upon request. ARTICLE 34 MONIES OWING a) All monies owing to The District Association shall be due and payable within thirty (30) days of invoicing unless otherwise stipulated. b) Penalties for late payment or non-payment of monies due shall be as established by the Board and published annually in the PHSA Schedule of Fees, Fines, Bonds and Penalties. c) All monies due must be paid in full before a member will be granted standing at the Annual General Meeting and before membership renewal will be granted. ARTICLE 35 AMENDMENTS TO THE BY-LAW AND RULES/REGULATIONS a) The PHSA s Board of Directors may approve and publish such rules, regulations, policies and procedures as they deem necessary and desirable to promote and develop the game of soccer within the District for the benefit of its Members. b) If the Rules and Regulations are amended by the Board of Directors, the amendment shall be presented for ratification at the next Annual General Meeting or a Special General Meeting called for that purpose. If the amendment is not ratified, it is of no effect and the previous Rules and Regulations shall continue in effect as if they had not been modified or amended. In such case, to the extent possible, any effects caused by any change to the Rules & Regulations shall be reversed

21 c) Amendments to the By-Law may only be made at an Annual General Meeting. d) Amendments to the Rules and Regulations may be made at an Annual General Meeting or at a Special General Meeting called for that purpose. e) All proposed amendments to the By-Law and/or Rules and Regulations shall be forwarded in writing to The District Association no later than fortyfive (45) days prior to the Annual General Meeting or Special General Meeting, as the case may be. f) Copies of proposed amendments to the By-Law and/or Rules and Regulations shall be sent to all members not less than twenty-one (21) days prior to the Annual General Meeting at which they will be considered. g) Amendments to the By-Law and/or Rules and Regulations shall require a majority vote of eligible votes at the Annual General Meeting. ARTICLE 36 INDEMNITY Every member of the Board of Directors, every Officer and every Servant of the Peel Halton Soccer Association Inc., their heirs, executors, administrators and estate and effects respectively shall be indemnified and saved harmless at all times by the Peel Halton Soccer Association Inc. against all costs, losses and expenses incurred by them respectively in or about the discharge of their respective duties except those which happen as a result of their own willful neglect or misconduct

22 RULES AND REGULATIONS 1. MEMBERSHIP a) Active Membership shall consist of 6 sub-categories and applicants shall indicate on the application form (to be provided by the District Association) which sub-category they are applying for: - Youth Soccer (Recreational Only) - Youth Soccer (Recreational and Competitive) - Youth Soccer (Recreational Only) and Senior Soccer - Youth Soccer (Recreational and Competitive) and Senior Soccer - Senior Soccer Only - Indoor Soccer/ Only b) If a Member seeks to change or expand its sub category of Active Membership, then the Member shall file an Application for a Change in Status and submit all applicable documents and information described in subparagraphs 1 (i) and 1 (j); c) Applications for Active Membership by a new club seeking to operate a Youth Club or a Senior Only Club, and Applications by Members for a Change in Status shall only be accepted for the outdoor season commencing in the year following the filing of the Application. d) Applications for Active Membership by a new club seeking to operate an Indoor Club Only shall be eligible to operate in the Indoor Season of the year in which the Application is filed. e) Application Dates, Application Deadlines and Dates for Notices of Decisions for New Membership Applications and for Applications for Membership Changes are set forth as follows:

23 APPLICATION TYPE Application Date Final Deadline Decision Date New Member Change in Status Youth Club June 1st Aug. 1st Nov. 15th Senior Soccer Only Oct. 1st Jan. 1st April 1st Indoor Club Jan. 15th March 15th June 30th Youth Club June 1st Aug. 1st Nov. 15th Senior Soccer Only June 1st Aug. 1st Nov. 15th Indoor Club June 1st Aug. 1st Nov. 15th f) "Applications to Merge or to Amalgamate by a member club with one or more member club(s) and/or non-member soccer organization(s) must be filed not less than sixty (60) days before the date of the proposed transaction. Notice of the Decision will be issued by the PHSA within seven (7) weeks following the filing of the Application." Merger/ Amalgamation Youth Club Senior Soccer Only Indoor Club Not less than 60 days before Proposed Transaction Within 7 weeks from the Application Date The timing of a merger or amalgamation may be affected by factors that are not within the control of the Applicants. Therefore, to be fair and reasonable and ensure that a proper decision is made, the Board of Directors shall have the authority to modify the schedule of the application process for a merger or amalgamation as they see fit and appropriate in the circumstances. Written Notice of any such modified schedule shall given to the Applicants and provided to all Members

24 g) A new Club shall apply for Active Membership, and an eligible organization shall apply for Associate Membership, by submitting: i) application form (to be provided by The District Association) ii) iii) iv) non- refundable application fee in the amount prescribed in Appendix "A" list of elected and appointed officers (applies only to nonmembers). Applicants must indicate the title of each individual and their area of responsibility. If any of these individuals are already Ontario Soccer Registrants, then their Ontario Soccer number must be included in the Application; a copy of its Constitution Articles of Incorporation, and By- Laws and Rules & Regulations which meets the minimum requirements under Ontario Soccer Published Rules (applies only to non-members); v) written consents signed by each of its officers, directors, and staff concerning the disclosure of their personal information (applies only to non-members); vi) a list of all of the Applicant s registered players for the past three years (if applicable) as well as a description of each player s previous soccer organization affiliation If any of these players have been registered with the Ontario Soccer, then their Ontario Soccer number must be included in the Application (applies only to new youth clubs); vi) the Applicant s audited or unaudited financial statements for the past three years (if applicable) in such form as prescribed by the PHSA s Rules & Regulations (applies only to non-members); h) In addition, a new Club shall apply for Active Membership, a Member shall apply for a Change in Status, or a Member shall apply to Merge or Amalgamate by submitting in writing: i) a statement of the Applicant s rationale and justification for adding a new Club, changing its membership category, or merging or amalgamating with another soccer organization, including planned age groups, number of teams, etc.;

25 ii) iii) iv) a statement of the Applicant s position on their potential impact on existing Clubs and copies of any available letters of support and a declaration stating what efforts the Applicant made to contact existing Clubs regarding any potential impact; a description of any temporary or permanent conditions or restrictions that the Applicant proposes to lessen any adverse impact on any existing Clubs and a declaration stating what efforts the Applicant made to contact existing Clubs and discuss any such temporary or permanent conditions or restrictions; a declaration of the municipal and geographic area in which the new Club intends to operate (applies only to non - members); v) a statement confirming the availability of fields or indoor facilities from the Applicant, the Parks and Recreation Department of the local municipality in which the proposed, expanded, or merged or amalgamated Club will be operating, or from any private corporation or educational facility that owns or controls the designated fields or facilities; vi) vii) viii) ix) a declaration on for profit or not for profit and details of their incorporation status or plans and copies of any and all incorporation documents and by-laws (applies only to non- members); a statement describing the Applicant s technical plan regarding referee, coach, and player development and a list of the qualifications of all of its existing or proposed coaches (applies to all youth clubs); a statement concerning whether or not it is offering programs that are presently unavailable in the District and a description of such programs; a statement concerning the prior affiliations of all of its officers, directors, and staff with any other soccer organization and a description of the circumstances concerning their departure from any such previous soccer organization (applies only to non-members);

26 x) a copy of an insurance certificate certifying that the Applicant has general commercial liability insurance for a minimum coverage of $2 Million per incident in respect of its players, coaches, referees, staff, and members (applies only to non- members); xii) xiii) xiv) xv) xvi) xvii) a statement concerning the measures that the Applicant has taken to ensure the health and safety of its players, coaches, referees, staff and members; a statement concerning the discipline record of all of its officers, directors, staff and existing or proposed coaches with any other sanctioned soccer organization in the Province of Ontario or elsewhere for the previous three years (applies only to non-members); written confirmation from the Applicant and from a certified game official stating that they have been appointed and have agreed to serve as the Applicant s Head Referee for the first year of operation (only applies to new clubs that operate or intend to operate a house league); written confirmation from the Applicant and from a certified discipline chair stating that they have been appointed and have agreed to serve as the Applicant s Club Discipline Chair for the first year of operation (only applies to new clubs that operate or intend to operate a house league); satisfactory evidence or a written undertaking that all officers, directors, staff and existing or proposed coaches have or will perform a police check in accordance with the OSA Volunteer Screening Policy (only applies to new youth clubs and non-members); and a reasonable and satisfactory three- year business plan describing its anticipated revenues and expenses. i) Notwithstanding subparagraphs 1 (g) and 1 (h) above, an Applicant seeking membership as a new club for Senior Soccer Only who only intends to operate three teams or less, shall only be required to submit: (i) (ii) (iii) a Senior Soccer Only application form; pay the non- refundable application fee in the amount prescribed in Appendix "A"; a list of elected and appointed officers or directors stating the title and responsibilities of each individual, their discipline record and their OSA number (if applicable);

27 (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) a copy of its Constitution, Articles of Incorporation, and By-Laws and Rules & Regulations which meets the minimum requirements under OSA Published Rules; a declaration on for profit or not for profit and details of the organization' s corporate status or legal structure and copies of any and all organizational documents and by-laws; written consents signed by each of its officer and director, or partner (as applicable) concerning the disclosure of their personal information; the Applicant s audited or unaudited financial statements for the past year (if available) in such form as prescribed by the PHSA s Rules & Regulations; a brief description of the organization's plans and objectives and a statement regarding the leagues or competitions where the Club intends to register its teams; a copy of any fields and facility permits or rental contracts as may be necessary to operate the Club's teams; a certificate of insurance for general commercial liability insurance for a minimum coverage of $2 Million per incident; a description of the municipality or geographic boundaries within which the organization shall operate; and a copy of the organization's annual budget for the upcoming season. j) Upon receipt of a new Application for Active or Associate Membership, an Application for a Change in Status, or an Application to Merge or Amalgamate, PHSA shall advise all Members (by and via the PHSA website) with notice that hardcopies of all documents are available (at members expense) from the PHSA Office (excluding any documents that are confidential, proprietary or that contain personal information that is subject to privacy obligations). The PHSA shall request that comments on the Application be submitted within a set time in advance of the first Board meeting or sub-committee meeting at which such Application is to be considered. Comments submitted by Members shall be reviewed and considered by the Membership Committee, who shall be entitled to

28 communicate any questions or issues raised by members with the Applicants on a confidential basis. The Membership Committee will only reveal the identity of the Member regarding their comments, if they have obtained the Member`s prior written consent. k) The Board, or its sub-committee, shall meet with the Applicant and shall meet with or contact any affected or interested District Association members and contact the municipal Parks and Recreation Department and any other relevant parties while considering its decision on the Application. The Board or its sub-committee shall have the right to investigate the Application and receive and consider statements and documents from third parties regarding the Application. They shall also have the right, in their sole discretion, to extend the time to accept materials and submissions from the Applicant required by or supplemental to the PHSA s Rules & Regulations after the applicable filing deadline established in subsections 1 (e) and (f) above. l) Each year, the Board of Directors shall develop and publish a specific timeline and dates to accommodate notification, feedback, consultation, meetings and decision making between the final application date and the published decision date for each class of application. The Board of Directors shall have the authority to modify the schedule of the application process or to extend any such deadlines as it considers fair and reasonable to ensure a proper decision is made, provided that it issues a written notice of any such change to its Members and to any Applicants. m) By submitting an Application, the Applicant: (i) (ii) (iii) (iv) (v) authorizes the Board of Directors and District staff to investigate any facts or circumstances related to the Application; consents to the District requesting and obtaining any credit reports or credit enquiries concerning the Applicant; consents to the disclosure of personal information concerning the Applicant, its officers, directors, staff and coaches or technical staff; acknowledges that the Board of Directors shall have the authority to impose upon the Applicant, any temporary or permanent conditions or restrictions that it considers fair and reasonable in the circumstances; and undertakes (for a period of one year) not to elect, appoint or hire any officer, director, employee, or coach without providing the District with all information concerning the person as required by the application process and obtaining the District s prior written consent to any such change (only applies to new members)

29 n) In making its decision, the Board of Directors shall consider the Application, the materials and submissions presented by the Applicant, any submissions received from existing Members concerning the Application, any facts, documents or findings resulting from any District investigation, any other information that it considers relevant to the Application, and any recommendation from any membership committee, as the case may be; o) In deciding whether to approve any Application, the Board of Directors shall be authorized and entitled to consider whether or not, in its sole and exclusive discretion, acting reasonably: (i) (ii) (iii) the Application and the Applicant s supporting documents and submissions establishes a fair and reasonable plan for operating a new, expanded, merged or amalgamated soccer organization within the District; the approval of the Application will not have any material adverse effect on any existing Clubs; there are not any reasonable temporary or permanent conditions or restrictions that the District could impose, that would alleviate any anticipated adverse effect on any existing Clubs; (iv) there is sufficient demand within the community for the establishment of a new soccer organization, to accommodate a change in status by a Member, or to accommodate a merged or amalgamated Club within the District; (v) (vi) (vii) (viii) there are rational grounds to accommodate the Applicant within the District; the Applicant`s technical plan and the qualifications of its coaches and technical staff is reasonably satisfactory and will promote the development of players, coaches, and referees, as the case may be; the discipline record of the Applicant`s officers, directors, staff and coaches or technical staff is reasonably satisfactory and does not raise concerns regarding whether or not the Applicant will comply with all OSA and PHSA Policies and Procedures and Published Rules & Regulations; the Applicant has established reasonable measures to protect the health and safety of all participants, including players, coaches, referees, staff and members;