CONSTITUTION
- The name of the society is “Yukon Gymnastic Association”.
- The objectives of the society are:
a) The promotion of gymnastic activities for all age groups throughout Yukon;
b) The exercise of jurisdiction over gymnastic clubs in Yukon as delegated to the Association by the governing body of gymnastics in Canada, the “Gymnastics Canada Gymnastique”
c) The organization and participation in gymnastic competitions in accordance with the prescribed rules of the Gymnastics Canada Gymnastique
d) The training of gymnastic coaches;
e) The technical training and advancement of qualified gymnastic judges and officials;
f) To do any act or thing necessary or incidental to the carrying out of the objects of the society.
- The operations of the society are to be chiefly carried out in Yukon Territory.
BY-LAWS
1. Head Office
The head office of the Association shall be located in the City of Whitehorse or at such other place as the Executive Committee of the Association may designate.
2. Members and Voting
- Members shall be admitted to and removed from membership as provided in these by-laws.
The rights, duties and privileges of members shall be as set out in these by-laws.
The members of the Society shall be those persons, clubs, corporations or organizations who are appointed as members or whose applications for membership in the Society are accepted by the officers of the Society.
- Classes of Membership
There shall be four classes of members, as follows:
- i. Member clubs -who shall be clubs registered as full members of the Society.
- ii. Individual members -who shall be individuals over 19 years of age who register with the Society, such as independent athletes, coaches, judges or volunteers.
- iii. Associate members -who shall be corporate and other interested organizations who register with the Society or who shall be organizations/corporations registered with the Society who are covered under their organization’s/corporation’s insurance plan. This includes YM/YWCAs and schools, where their programmers, participants and/or coaches are involved in the recreational aspects of gymnastics.
- iv. Honorary members -who shall be individual members of the Society but shall not be required to make payment of dues. An honorary member is someone who has rendered outstanding service to the Society.
Where a member club registers competitive gymnasts, the recreational gymnasts associated with that competitive club, as indicated through operation in the same facility and the sharing of the same staff or equipment, must be registered with YGA in order for the competitive club to remain in good standing, except if the competitive club utilizes facilities in a public centre which operates an independent recreational program and the public centre is unable to charge membership fees of any kind due to policy. In this case, the competitive club must still register as a full member club and register its gymnasts, and the public centre can register as an Associate member.
- Voting Rights of Members
Each member club shall have one vote on each question arising at any special or General Meeting of the Society. Individual, Associate and Honorary members shall have no vote.
- Membership Fees
In order to be in good standing, a member shall pay the membership fee or fees as determined by the members at the Annual General Meeting of the Society. A member who fails to pay, within ninety (90) days of a request to do so, the membership fee or fees or any other debt, due owing and payable by the member to the Society shall cease to be a member.
3. Expulsion of Members
A member may be expelled by special resolution of the members passed at a general meeting, and
- The notice of special resolution of expulsion shall be accompanied by a brief statement of the reason or reason’s for the proposed expulsion, and;
- The person who is the subject of the proposed resolution for expulsion shall be given the opportunity to be heard at the general meeting before the special resolution is put to a vote.
4. Membership Fees
The fees payable by members shall be determined yearly, by majority vote, at the Annual General Meeting for the succeeding year. Honorary members shall not pay membership fees.
The membership year shall be from Sept. 1 – Aug. 31 and fiscal year shall be from June1 to May 31.
5. Rights of Members
Every member of the Association has the right:
- to attend and participate in discussion of the General and Special meetings of the Association;
- to exercise their vote(s) in accordance with the By-Laws of the Association;
- to participate in all Association activities, share in the Association’s enterprises and enjoy all benefits arising from the Association’s membership in the Gymnastics Canada Gymnastique
6. Meetings
An Annual General meeting shall be held annually.
Every Annual General Meeting shall include the report of the Executive Committee, the auditors’ report, the appointment of the auditor, the election of a new Executive Committee, and any other business that may be transacted.
An Annual General Meeting called for the purpose of electing an executive committee and transacting such other business as may properly come before an Annual General Meeting shall be held annually during the month of September.
7. Notice
Notice of the time and place of every Annual General Meeting shall be posted in gymnastics clubs in the Yukon, and published in the newspapers no less than 10 days prior to Annual General Meeting.
8. General and Special Meetings
General or Special Meetings, shall be convened by the Executive Committee or by the President, or at the written request of at least 51% of the membership.
9. Executive Committee
The affairs of the Association shall be managed by an Executive Committee consisting of the immediate Past President, and the Officers elected at the Annual General Meeting, each of whom at the time of their election and throughout their term of office shall be a member of the Association. Each Executive Committee member shall be elected to hold office until the next election, or until a qualified successor has been appointed. The whole Executive Committee shall be retired at each Annual General Meeting, but shall be eligible for re-election. The election may be by a show of hands unless secret ballot is demanded by any member. The members of the Association may, by resolution passed by at least two-thirds of the votes cast at a General or Special meeting of which notice specifying the intention to pass such resolution has been given, remove any Executive Committee member before the expiration of their term of office, and may by a majority of the votes cast at that meeting, elect any qualified person in their stead for the remainder of their term.
10. Executive Committee’s Powers
The Officers of the Association may administer the affairs of the Association in all things and make or cause to be made for the Association in its name, any kind of contract which the Association may lawfully enter into and, may exercise all such other powers and all such other acts and things as the Association.
11. Vacancies, Executive Committee
Vacancies on the Executive Committee, however caused, may so long as a quorum of Executive Committee members remains in office, be filled from among the members of the Association. If there is not a quorum of Executive Committee members, the remaining Officers shall forthwith call a meeting of the members to fill the vacancies.
12. Quorum and Meetings, Executive Committee
A majority of the Officers shall form a quorum for the transaction of business. The Executive Committee may hold its meetings at such place or places within Yukon as it may from time to time determine. No formal notice of any such meeting shall be necessary if all the Officers are present, or if those absent have signified their consent to the meeting being held in their absence.
The Executive Committee may appoint a day or days in any month or months for regular meetings at an hour to be named and of such regular meeting no notice need be sent. An executive committee meeting may also be held without notice, immediately following the Annual General Meeting of the Association.
13. Voting, Executive Committee
Questions arising at any meeting of the Executive Committee shall be decided by a majority of votes. In case of an equality of votes, the Chair shall have the deciding vote. All votes at any such meeting shall be taken by ballot if so demanded by any Officer present but if no demand were made, the vote shall be taken in the usual way by assent or dissent. A declaration by the Chair that a resolution has been carried and an entry to that effect in the minutes shall be prima facie evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against such resolution. In the absence of the President his duties may be performed by the Vice President or such other officer as the Executive Committee may from time to time appoint for the purpose.
14. Special Resolution
Special resolutions may only be put forward in a motion at a general meeting or a board meeting where a quorum has been met, and 21 days notice has been given.
15. Remuneration of Executive Committee Members
No member of the Executive Committee shall receive any remuneration for services rendered as a member of the Executive Committee of the Association.
16. Removal of Director
The members may by special resolution remove an Officer before the expiration of the Officer’s term, and may elect a successor to complete the term of office.
The Board may, if an Officer is absent of three (3) consecutive meetings of the Board, remove the Officer before the expiration of the Officer’s term, and appoint an Interim Officer.
An Officer is not absent if included by telephone conference call.
17. Liability of Executive Committee Members
Every Officer of the Association shall be deemed to have assumed office on the express understanding and agreement and condition that every officer of the Association and their heirs, executors, and administrators and estate and effects respectively shall from time to time and at all times be indemnified and saved harmless out of the funds of the Association from and against all costs and charges and expenses whatsoever which such Officer sustains or incurs in or about any action, suit or proceedings which is brought, commenced or prosecuted against him for or in respect of any act, deed, matter or thing whatsoever made, done, or permitted by him or any other officer or officers in or about the execution of the duties of their office, and also from and against all other costs, charges and expenses which they sustain or incur in or about or in relation to the affairs thereof except such costs, charges or expenses as are occasioned by their own willful neglect or default.
18. Employees and Officers
The Executive Committee may from time to time appoint such agents and authorize the employment of such other persons as they deem necessary to carry out the objects of the Association and such agents and employees shall have such authority and shall perform such duties as from time to time may be prescribed by the Executive Committee.
19. Officers of the Association
The Officers of the Association shall be the Immediate Past President, President, Vice President, a Secretary, Treasurer and such other Officers as the members may determine from time to time.
20. Duties of President and Vice President
The President shall, when present, Chair all meetings of the members of the Association and of the Executive Committee. The President shall also be charged with the general management and supervision of the affairs and operations of the Association. The President with the Secretary or other officer appointed by the Executive Committee for the purpose shall sign all resolutions. During the absence or inability of the president, his duties and power may be exercised by the vice president or such other officer as the executive committee may appoint.
21. Duties of Treasurer
The Treasurer, or person performing the usual duties of a treasurer, shall keep full and accurate accounts of all receipts and disbursements of the Association in proper books of account and shall deposit all monies or other valuable effects in the name and to the credit of the Association in such bank as may be designated by the executive committee. The Treasurer shall disburse the funds of the Association under the direction of, the Executive Committee, taking proper vouchers therefor and shall render to the Executive Committee at the regular meeting thereof or whenever required, an account of all transactions as Treasurer, and of the financial position of the Association. The Treasurer shall also perform such other duties as may be determined by the Executive Committee.
22. Duties of Secretary
The Secretary, or person performing the usual duties of a secretary, shall attend all meetings of the Executive Committee and record all facts and minutes of all proceedings in the books kept for that purpose. The Secretary shall give all notices required to be given to members and to Officers. The Secretary shall be the custodian of all books, papers, records, correspondence, contracts and other documents belonging to the Association and shall perform such other duties as may be determined by the executive committee.
23. Cheques, etc.
All cheques, bills or exchange or other orders for the payment of money, notes or other evidences of indebtedness issued in the name of the Association, shall be signed by two Officers of the Association authorized by the bank and in such manner as determined by resolution of the Executive Committee. Any one of such Officers so appointed may arrange, settle, balance and certify all books and accounts between the Association and the Association’s banker and may receive all paid cheques and vouchers and sign all the bank’s forms or settlement of balances and release or verification slips.
24. Appointment of Auditors
The members shall at each Annual General Meeting appoint an auditor. If an appointment of auditors is not made at an Annual General Meeting, or the Annual General Meeting is not held, the Executive Committee may appoint an auditor of the Association for the current fiscal year.
Members at an Annual General Meeting may vote to waive the requirement for review of the financial statements by a professional auditor (Accountant).
25. Rights and Duties of Auditors
The auditors shall make a report to the Executive Committee on the accounts examined by them and on every balance sheet and statement of income and expenditure laid before the association at any annual meeting during their tenure of office and the report shall state whether, in their opinion, the balance sheet referred to in the report is properly drawn up so as to present fairly the state of the Associations affairs as at the date of the balance sheet and the result of its operations for the year ended on that date.
Every auditor of the Association shall have a right of access at all times to records, documents, books, accounts and vouchers of the Association, and is entitled to require from the Officers of the Association such information and explanation as may be necessary for the performance of the duties of auditor.
The auditors of the Association are entitled to attend any meeting of the Association at which accounts that have been examined or reported on by them are to be laid before the members for the purpose of making any statement or explanation they desire with respect to the account.
26. Inspection of Books by Members
The books and records of the Association may be inspected by any member of the Association at the Annual General Meeting or at any time upon giving reasonable notice and arranging a time satisfactory to the Officer having charge of the same.
27. Disputes
Disputes are to be settled under the Arbitration Act of Yukon.
28. Dissolution of the Association
In the event of dissolution of the Association, the assets remaining after all the debts have been paid or provisions for payment have been made shall, subject to the requirements of the regulations, be determined by a special resolution.
29. By-Laws
The By-Laws may be rescinded, altered or added to by an “Extraordinary Resolution” passed by a majority of not less than three-fourths of such members as are present in person, at a general meeting of which one month’s written notice specifying the intention to propose the resolution as an Extraordinary Resolution has been duly given.
30. Proxy Votes
A proxy vote can be used if in the hands of a delegated voting member. No member shall be allowed more than four (4) proxy votes.
