In
English, the name of the Party shall be "Freedom
Party of Canada", hereinafter referred
to as the "FPC".
In
French, the name of the Party shall be "Parti
de la Liberté", hereinafter referred to
as the "FPC".
Founding Principle; not amendable
The
FPC is founded on the principle that: "Every
individual, in the peaceful pursuit of personal
fulfillment, has an absolute right to his or
her own life, liberty, and property", hereinafter
referred to as the FPC's "Founding Principle".
Notwithstanding
any section of this Constitution, this section
and section 3 of this Constitution cannot be
amended, and the founding principle of the FPC
shall not be altered.
Policies
The
policies of the FPC (hereinafter referred to
as "Policies") are those determined
in the manner set out in "PART
XIII: POLICIES".
Objectives
The
objectives of the FPC (hereinafter referred
to as the "Objectives") are:
to
encourage voters to vote for FPC candidates
in federal elections and by-elections;
to
influence government through the election
of FPC Members of Parliament, for the better
protection in Canada of every individual's
rights of life, liberty and property.
to
build an organization of people who will
work toward the achievement of Objectives
(a) and (b).
PART
II: DEFINITIONS
In
this Constitution,
"Board
of Directors" means: the collective of the
Directors selected by a Constituency Association
to manage the affairs of said Constituency Association,
subject always to the provisions of this Constitution
and to direction from the Constituency Association.
"Constituency Association" means: the
collective of all Members who are ordinarily
resident in one of the federal electoral districts
of Canada where such Members have applied for
and been granted recognition as an FPC Constituency
Association by the National Executive and such
recognition has not been withdrawn according
to "Part IV: Constituency
Associations" herein.
"Director" means: a Member in a specific
Constituency Association elected by that Constituency
Association to sit on the Board of Directors.
"Founders" means: Paul McKeever
and Robert Metz, the two Members of the Freedom
Party of Ontario who founded the Freedom Party
of Canada.
"Leader" means: the Leader of the FPC.
"Member" means: an individual
who is a Member of the FPC.
"National Councillor" means:
a Member who is a member of the National Council
of the FPC.
"Officer" means: the Founders
or a National Councillor elected to the National
Executive by the National Executive. .
"Policy" means: a proposal
to obey, make, amend, or repeal one or more
laws of Canada, or to interpret an existing
law, or existing laws, of Canada in a certain
way.
"Simple Majority" means: greater
than or equal to fifty (50) percent plus one.
Where fifty (50) percent renders a number that
is not an integer, that number shall be rounded
up to the nearest integer and that integer shall
constitute the minimum number required for a
Simple Majority.
"Special Majority" means: greater
than or equal to two thirds (2/3). Where two
thirds (2/3) renders a number that is not an
integer, that number shall be rounded up to
the nearest integer and that integer shall constitute
the minimum number required for a Special Majority.
PART
III: MEMBERSHIP
Eligible
Persons
Membership
in the FPC is open to all Canadian citizens
or landed immigrants, who are ordinarily resident
in Canada, sixteen (16) years of age or older
and who support the Objectives of the FPC.
Applying for Membership
Every
individual who wishes to become a Member must
submit an Application for Membership, in a form
prescribed by the National Executive, together
with the full amount of the Membership fee determined
by the National Executive.
Conditions stated on application
The
conditions for Membership established within
this Part shall be clearly stated on the Application
for Membership.
Who may distribute applications
Any
person may supply any eligible person with an
application for Membership, said application
having a form and content prescribed by the
National Executive.
Who may receive completed applications
Applications
for Membership, and any required Membership
fee, may be received either directly by the
National Office, or indirectly, by a member
of the Executive Committee of a Constituency
Association, or by a Member to whom a member
of the Executive Committee of a Constituency
Association has delegated the responsibility
of receiving Membership applications or Membership
fees.
Members to forward applications
and fees
Any
Application for Membership and any Membership
fee received by a member of the Executive Committee
of a Constituency Association, or by a Member
to whom a member of the Executive Committee
of a Constituency Association has delegated
the responsibility of receiving Membership applications
or Membership fees, must be forwarded forthwith
to the Secretary of the Executive Committee
of the Constituency Association.
Constituency Associations to forward
applications and fees
The
Secretary of an Executive Committee of a Constituency
Association shall forward to the Secretary of
the National Executive any Application for Membership
and any Membership Fee received by the Secretary
of the Executive Committee forthwith after it
is received by the Secretary of the Executive
Committee.
Effective date of Membership
Eligible
persons who apply for Membership in the FPC
shall become Members only after, and immediately
after, the National Office of the FPC has added
the eligible person to the Membership List at
the National Office of the FPC. The Secretary
of the National Executive, or a person to whom
the National Executive has delegated the Secretary's
responsibilities in respect of applications
for Membership, shall add an eligible person's
name to the Membership List at the National
Office of the FPC forthwith after receiving
the eligible person's duly executed Application
for Membership and Membership fee.
Pre-constitution Memberships; expiry
After
the adoption of this Constitution, no person
shall be a Member whose Application for Membership
and Membership fee has not been received by
the Secretary of the National Executive or a
person to whom the National Executive has delegated
the same responsibilities in respect of applications
for Membership. Unless renewed pursuant to this
Part, Memberships obtained prior to the adoption
of this Constitution shall expire not later
than one year following the adoption of this
Constitution.
Termination of Membership
Membership
in the FPC shall be terminated without refund
in the following cases:
failure
by the Member to pay the applicable fee as
set out in section 9;
resignation
by the Member submitted in writing to the
Secretary of the National Executive;
for
just cause, including conduct judged improper,
unbecoming, or likely to adversely affect
the interests or reputation of the FPC as
determined by the National Executive, in its
sole discretion, after consultation with the
Member's Constituency Association Executive
Committee.
Term of Membership
Memberships
in the FPC shall be in increments of one (1)
year periods and may be renewed for further
periods upon payment of the applicable fee.
Late renewals without re-application
A
Member whose dues are in arrears by not more
than sixty (60) days shall, upon payment of
the applicable fee, be considered reinstated
as a Member in good standing retroactive to
the expiry date of the Membership without need
for re-application.
Who must be a Member
All
National Councillors and Directors of Constituency
Associations must be Members. If a Membership
is terminated subject to this Part, this condition
is no longer being met and the position shall
be deemed vacant.
Membership list
The
full Membership list of the FPC shall not be
disclosed to any person without the approval
of a Simple Majority of all members of the National
Executive, acting only in the best interests
of the FPC. Before the list is disclosed to
any person with said approval, the person shall
confirm in writing, signed and dated by the
person, that the person agrees to hold the list
in strict confidence and to use it only for
the purposes intended by the National Executive,
which purposes shall be set out in said writing.
PART
IV: CONSTITUENCY ASSOCIATIONS
Members
organized by electoral district
Members
shall be organized according to their residence
in the federal electoral districts of Canada.
Members temporarily residing outside of Canada
shall be assigned to the federal electoral district
in which they vote in federal elections.
Constituency Association constitutions
The
Constituency Association Constitution set forth
in "Schedule
A" appended hereto and which is incorporated
into and forms a part of this Constitution,
shall be the Constitution of all Constituency
Associations.
Recognition or Endorsement of Constituency
Associations
Only
the National Executive may recognize a Constituency
Association or endorse a recognized Constituency
Association pursuant to federal elections and
elections finance statutes. The National Executive
may recognize or endorse a Constituency Association
in any federal electoral district but, in each
electoral district, only one Constitutency Association
may have the recognition or endorsement of the
National Executive at any one time.
Applying
for Recognition or Endorsement of Constituency
Associations
In
a federal electoral district without a recognized
or endorsed Constituency Association, any
Member resident in the electoral district
may apply to obtain FPC recognition for a
Constituency Association of the FPC in that
electoral district by making application to
the National Executive for recognition, including
a copy of the minutes of the founding meeting,
and a list of the officers and directors of
the Interim Constituency Association. In a
like manner, the Member may apply to obtain
from the FPC its endorsement of the Constituency
Association pursuant to federal elections
and elections finance statutes.
Continued recognition: maintaining
Membership levels
Any
Constituency Association recognized by the FPC
prior to the adoption of this Constitution shall
ensure that the FPC has at least thirty (30)
Members resident in the electoral district of
that Constituency Association not later than
one year after the adoption of this Constitution.
Withdrawal of recognition
Beginning
one year after the adoption of this Constitution,
where the number of Members of the FPC residing
in the federal electoral district in which a
recognized Constituency Association exists becomes
fewer than thirty (30) Members, the National
Executive, in its sole discretion, may withdraw
its recognition of the Constituency Association,
whereupon it shall cease to be a Constituency
Association and any funds or other assets of
the Constituency Association shall be transferred
to National Office to be returned to the Constituency
Association upon future recognition except funds
to cover legitimate liabilities such as outstanding
invoices, loans, etc. as recorded in the audited
accounts of the Constituency Association.
Management of Constituency Associations
The
affairs of each Constituency Association shall
be under the control of its Members, acting
through the Constituency Association Board of
Directors, who shall be responsible to ensure
that the affairs are conducted in a manner consistent
with the Constitution of the FPC, and not prejudicial
to the interests or well-being of any other
Constituency Association, or of the FPC.
Constituency Association Membership
lists
Constituency
Association Membership lists are to be used
for FPC purposes only. No other use is permitted
unless authorized in writing by the National
Executive.
Obtaining a Membership list
The
Membership of the FPC in an electoral district
shall be disclosed upon request to the Executive
Committee of a recognized Constituency Association
for that district, if it exists, upon the request
of the President of that Executive Committee,
notice of which request shall be forwarded by
the President of the Executive Committee to
all other members of the Executive Committee.
The Executive Committee shall hold that list
in confidence, shall not share the list with
other Constituency Associations, and shall use
the list solely for the purposes of furthering
the Objectives of the FPC through the activities
of the Constituency Association.
National Executive may call meeting
The
National Executive may call a meeting of the
Constituency Association if it believes that
it is necessary to do so, with notice of the
meeting consistent with this Constitution.
List of recognized Constituency
Associations
A
Presidents list of recognized Constituency
Associations shall be made available to any
President of a recognized Constituency Association
who makes a request in writing to National Office.
PART
V: PRESIDENTS' ASSOCIATIONS
Recognition
of Presidents' Associations
In
each Province and in each Territory having a
Constituency Association in a Simple Majority
of the electoral districts of the Province or
Territory, the National Executive shall declare
its recognition of an association, hereinafter
referred to as a "Presidents' Association".
Members of Presidents' Associations
In
each Province or Territory, the President of
the Executive Committee of each Constituency
Association, and all Members in good standing
who have served as President of the Executive
Committee of an Constituency Association in
that Province or Territory, shall be members
of that Province's or Territory's Presidents'
Association.
Presidents' Associations' constitutions
The
Presidents' Association Constitution set forth
in "Schedule
B" appended hereto and which is incorporated
into and forms a part of this Constitution,
shall be the Constitution of all Presidents'
Associations.
Withdrawal of recognition
In
each Province and Territory having a Presidents'
Association, where the number of electoral districts
having a Constituency Association drops to fewer
than a Simple Majority, the National Executive,
in its sole discretion, may withdraw its recognition
of the Presidents' Association, whereupon any
funds or other assets of the Presidents' Association
shall be transferred to National Office to be
returned to the Presidents' Association upon
future recognition except funds to cover legitimate
liabilities such as outstanding invoices, loans,
etc. as recorded in the audited accounts of
the Presidents' Association.
Management of Presidents' Associations
The
affairs of each Presidents' Association shall
be under the control of its Members, acting
through the officers of the Presidents' Association,
who shall be responsible to ensure that the
affairs are conducted in a manner consistent
with the Constitution of the FPC, and not prejudicial
to the interests or well-being of any Constituency
Association, or of the FPC.
Presidents' Association Membership
lists
Lists
of members of the Presidents' Association are
to be used for FPC purposes only. No other use
is permitted unless authorized in writing by
the National Executive.
National Executive may call a meeting
The
National Executive may call a meeting of any
Presidents' Association if it believes that
it is necessary to do so, with notice of the
meeting consistent with this Constitution.
PART
VI: NATIONAL COUNCIL
Who
shall be National Councillors
The
group of individuals herein referred to as the
"National Council", shall consist
of the following Members:
the Leader of the FPC;
the Founders;
the
Chairman of Freedom Canada Fund, who shall
be appointed by the National Executive;
for
each Province and Territory having a Presidents'
Association, the National Councillor elected
by the Presidents' Association;
Members
who, in the opinion of the National Executive,
support and agree unequivocally with the
FPC's Founding Principle, and who are elected
by a Simple Majority of all members of the
National Executive of the FPC to be National
Councillors.
Who shall not be National Councillors
The
following persons shall not be National Councillors:
persons
who are not Members;
Members
who, in the opinion of the National Executive,
do not unequivocally agree with and support
the FPC's Founding Principle;
members
of Parliament, except for the Leader of the
FPC;
senators;
employees
or contractors of the FPC;
employees
of members of Parliament.
Founders
Each
Founder shall remain a National Councillor for
life, or until such time as he states, in writing,
freely and voluntarily signed and submitted
to the National Executive, that he is withdrawing
his status as a Founder for the purposes of
determining who are the National Councillors.
A Founder who has made such a statement has
an inalienable and unconditional right to be
reinstated as a National Councillor for life,
and shall be so if and when he submits to the
National Executive, in writing, his intention
again to be a National Councillor.
Members of the National Executive
Every
person who has been a member of the National
Executive shall remain a National Councillor
for life, or until such time as the person states,
in writing, freely and voluntarily signed and
submitted to the National Executive, that the
person is withdrawing the person's status as
a National Councillor. Every such person has
an inalienable and unconditional right to be
reinstated as a National Councillor for life,
and shall be so if and when the person submits
to the National Executive, in writing, the person's
intention again to be a National Councillor.
Appointments by National Executive
The
National Executive may appoint Members to be
National Councillors.
The
timing of a vote by the National Executive to
appoint said Member(s) shall be in the sole
discretion of the National Executive.
Quorum
for a vote by the National Executive to make
a Member a National Councillor shall be all
members of the National Executive. If the number
of members of the National Executive is even,
the Leader shall have two ballots.
To
elect a Member to be a National Councillor,
each Officer shall mark "yes" or "no" opposite
the name of the Member in question on the ballot.
The Member shall be declared a National Councillor
only if the Member receives more affirmative
than negative votes.
Terms of Office
National
Councillors elected by Presidents' Associations
shall hold office for one-year terms. National
Councillors appointed by the National Executive
shall hold office until they are removed, by
the National Executive, from the National Council.
Any National Councillor or former National Councillor
may stand for election or re-election to National
Council.
Annual elections by Presidents'
Associations
Before
the end of the term of a National Councillor
elected by a Presidents' Association, the President's
Association shall elect the person who shall
serve as National Councillor in the following
term.
Federal elections: leaves of absence
With
the exception of the Leader and the Founders,
National Councillors, after filing nomination
papers to seek the nomination as a candidate
in an upcoming federal election or by-election,
shall take a leave of absence as a National
Councillor and can resume National Council duties
only when they are no longer contenders for
the candidate selection or the election or by-election,
as the case may be.
Removal of National Councillors
At
a meeting called for the purpose, of which every
National Councillor shall have due notice, the
National Executive, on approval of a Simple
Majority of its full Membership, may remove
the status of National Councillor from Members
who are not members of the National Executive
where:
their
conduct is judged improper or unbecoming,
or likely to adversely affect the interest
or reputation of National Council or the
FPC; or
they,
in the opinion of the National Executive,
are or have become persons disqualified
by virtue of section 41
of this Constitution from being National
Councillors.
Vacancies to be filled
If
a Member removed from National Council was elected
to National Council by a Presidents' Association,
that Presidents Association shall, within three
months thereafter, elect another National Councillor
as a replacement.
PART VII: NATIONAL EXECUTIVE
Who
shall be members of the National Executive
53.
Subject to subsection 53(b), the National
Executive of the Freedom Party of Canada
shall consist of the following eight (8)
members:
such number of National Councillors,
elected to the National Executive by the
National Executive, as is necessary to
bring the total number of Officers, to
seven (7).
If an Officer is or becomes the Leader
of the FPC then, while the Officer is both
an Officer and the Leader, the required
number of members on the National Executive
shall be seven (7). If the Leader's term
of office as Officer ends while he or she
is Leader, the required number of members
on the National Executive shall remain seven
(7) until the Leader is either re-elected
as an Officer or replaced in his or her
capacity as an Officer by another National
Councillor, at which time the required number
of members on the National Executive shall
be determined in accordance with this section.
Transitional
All
persons who are members of the National Executive
when this Constitution is adopted shall be deemed
to be Members, National Councillors and Officers,
subject to the terms of this Constitution.
Founders
Each
Founder shall remain an Officer for life, or
until such time as he states, in writing, freely
and voluntarily signed and submitted to the
National Executive, that he is withdrawing his
status as a Founder for the purposes of determining
the Officers of the FPC. A Founder who has made
such a statement is free thereafter to seek
any office within the FPC, including that of
Officer, in the same manner as other Members
but, unless the National Executive decides otherwise,
loses his privilege of remaining an Officer
for life.
Replacing Officers
Within
three months after the number of Officers falls
below seven (7), the National Executive shall
hold an election. At the election, all Officers
who are not, in said election, seeking an additional
term of office, shall elect a sufficient number
of National Councillors to the National Executive
such that the National Executive will thereby
again have the number of members required by
section 53.
Notice of Election
Not
less than two months prior to the date of the
election, the National Executive shall, in its
sole discretion, determine an election date,
time and place and shall, not more than one
week thereafter, send notification of the election
date, time and place to all National Councillors
by Registered letter mail or by e-mail the receipt
of which is confirmed via e-mail from the intended
recipient to the National Executive. Within
one week of determining the election date, time
and place, the National Executive shall also
send notification of same to the Presidents
of all Constituency Associations, and shall
post said notice prominently on each of the
English and French language home pages of the
FPC web site.
Self-nomination by National Councillors
Not
less than one (1) month prior to the date of
the election, National Councillors, in their
sole discretion, may nominate themselves for
election to the National Executive by submitting
their nominations to the National Executive
in a form prescribed by the National Executive
for the purpose.
Quorum for election
Quorum for an election of a National Councillor
to the National Executive shall be all members
of the National Executive who are not nominees
in the election.
Where one vacancy and one nominee
If
the number of National Executive vacancies to
be filled in the election is equal to one (1),
and the number of nominees for election to the
National Executive is equal to one (1), each
Officer shall mark "yes" or "no" opposite the
name of the nominee on the ballot. The nominee
shall be declared by the National Executive
to be an Officer only if the nominee receives
more affirmative than negative votes.
More than one vacancy: Single Transferable
Vote
If the number of National Councillors nominated
for election to the National Executive is greater
than one (1), the election of National Councillors
to the National Executive shall be carried out
by the members of the National Executive using
the Single Transferable Vote procedure set out
in Schedule
"C" hereto.
A
vacancy that results from the expiry of an Officer's
term of office shall be filled by the elected
nominee who, via the Single Transferable Vote
procedure, first obtained the number of votes
needed to become an Officer. The term of office
of such a newly-elected Officer shall commence
on the date of the nominee's election.
Commencement of term
Where
a newly-elected Officer is not filling a vacancy
that resulted from the expiry of an Officer's
term of office, the commencement date of the
term of office of the newly-elected Officer
is hereby deemed to be the commencement date
of the term of office of the Officer whose vacancy
the newly-elected Officer is filling. If more
than one Officer is elected then, subject to
section 62,
newly-elected candidates are hereby deemed to
replace Officers on the basis of the election
results. The vacant seats of those former Officers
who most recently commenced their respective
terms of office will be filled by those newly-elected
Officers who more quickly in the Single Transferable
Vote tallying process obtained the necessary
number of votes to become an Officer.
Length of term
With
the exception of the Leader and those Founders
who are Officers for life, the number of years
of an Officer's term of office is hereby deemed
to be equal to the number of National Councillors
required by section 53 to be on the National
Executive as Officers, minus the number of Founders
who, at that point in time, are Officers for
life.
Notice of Results
Within
forty-eight (48) hours following the election
of one or more Officers, the National Executive
shall post the results of the election, including
the deemed commencement date of each newly-elected
Officer's term of office, in a prominent position
on both the English and French home pages of
the FPC web site. In addition, within two months
of an election of Officers, all Members shall
be notified of the results of said election,
including the commencement date of the term
of office of every newly-elected Officer, by
ordinary lettermail.
Initial Officers: terms of office
As
a transitional measure, each of the following
five (5) commencement dates is hereby deemed
to be the commencement date of the term of office
of one of the five (5) initial Officers of the
FPC who are not a Founder. Those five initial
Officers shall draw lots to determine which
of the following five commencement dates are
hereby deemed to be the commencement dates of
their respective terms of office as Officers:
one
(1) year prior to the date of the adoption
of this Constitution;
two (2) years prior to the date of the adoption
of this Constitution;
three
(3) years prior to the date of the adoption
of this Constitution;
four
(4) years prior to the date of the adoption
of this Constitution; and
five
(5) years prior to the date of the adoption
of this Constitution.
Offices on National Executive:
election
Within
three (3) months following each federal election,
the National Executive shall elect, from among
those members of the National Executive who
are not the Leader, a President, a 1st
Vice-president, a 2nd Vice-president,
and a Secretary. Any Officer may, without the
need for a seconder, nominate himself or herself
as a candidate for any of these four (4) offices.
Where only one person has been nominated for
a given office, the nominee immediately will
be declared by the National Executive to have
won the office by acclamation. Where fewer than
three (3) Officers have been nominated for a
given office, the person receiving the greatest
number of votes is hereby deemed to have won
the election and the office in question and
said win immediately shall be declared by the
National Executive. Where more than two (2)
Officers have been nominated for a given office,
the Single Transferable Vote system set out
in Schedule "C"
shall be used to determine that election, the
results of which immediately shall be declared
by the National Executive.
Chief Operating Officer of the
FPC
The
President of the National Executive shall be
the Chief Operating Officer of the FPC.
Notice of election results
Within
forty-eight (48) hours following the election
of the President, 1st Vice President, 2nd Vice
President and Secretary of the National Executive,
the National Executive shall post the results
of said elections in a prominent position on
both the English and French home pages of the
FPC web site. In addition, all Members shall
be notified of the results of the election by
ordinary lettermail within two months of said
elections.
Absenteeism
With
the exception of the Founders, a Member shall
cease to be an Officer, subject to the discretion
of the National Executive, if the Member is
absent from three consecutive, non-emergent
meetings of the National Executive without giving
prior notice of reasonable excuse therefrom.
Removal of an Officer
Where
the conduct of an Officer, other than a Founder,
has seriously harmed the efforts of the FPC
to meet its Objectives in the opinion of all
other members of the National Executive, the
Officer may be removed from the National Executive
by a unanimous vote of all of the remaining
members of the National Executive.
Where
an Officer, other than a Founder, no longer
qualifies to be a National Councillor in the
opinion of all other members of the National
Executive, the Officer shall cease to be an
Officer.
Notice of meetings; ratification
of emergency decisions
Except
in instances of emergency, all members of the
National Executive shall receive not less than
two (2) weeks' effective notice of any meeting
of the National Executive. If not all members
of the National Executive are present at an
emergent meeting, any decisions made by the
National Executive during an emergent meeting
must be ratified by all members of the National
Executive not more than one month following
the emergent meeting, failing which the decision
shall be rendered void.
Quorum at regular meetings
Subject
to the other provisions of this Constitution,
quorum at a meeting of the National Executive
shall be a Simple Majority of the members of
the National Executive, including either the
President or the Vice-president
Teleconferencing, etc.
For
the purposes of determining quorum at any meeting
of, or election by, the National Executive,
an Officer shall be considered in attendance
if the Officer communicates with the rest of
the National Council during a meeting or election
thereof via means of teleconferencing or similar
technology allowing the Officer both to hear
the meeting and be heard by all other members
of the National Executive at the meeting.
In camera sessions
When
agreed to by a Special Majority of the National
Executive, any meeting or discussion may be
held in camera.
Leader to break tied vote
In
any vote of the National Executive, if the number
of voting members of the National Executive
is even, the Leader's vote shall count as two
votes.
Recording of votes
The
voting of the National Executive on motions
shall be recorded in the minutes of meeting
to indicate by the name of each member of the
National Council his/her vote on each motion,
as follows:
"In
favour";
"Against";
"Abstained";
"Absent";
There
will be two exceptions to this:
where
a motion names a person or persons for a position
on a Committee or on staff, the vote will
be by secret written ballot, and only the
number of votes falling into these four categories
will be recorded; and
where
the motion was made in an in camera
meeting.
Distribution of minutes
The
minutes of National Executive meetings, except
meetings held in camera, shall be provided
to all National Councillors within thirty (30)
days following the meeting. Minutes of meetings
held in camera shall be provided to all
members of the National Executive, and only
to members of the National Executive, within
thirty (30) days following the meeting. members
of the National Executive shall hold the minutes
of a meeting held in camera in strict
confidence.
PART VIII: NATIONAL POLICY RESEARCH
COMMITTEE
Members
There
shall be a National Policy Research Committee
that shall consist of the following:
the chair appointed by the National Executive;
five members of the National FPC Caucus
appointed by the Leader or, if the National
FPC Caucus includes fewer than five members,
all members of the National FPC Caucus;
and
a number of National Councillors, appointed
by the National Executive, equal in number
to the greater of two and the number of
National FPC Caucus members on the National
Policy Research Committee.
Responsibilities
The
National Policy Research Committee shall have
responsibility for carrying out national Policy
research and reporting the results of that research
to the National Executive.
Sub-committees
Subject
to approval from the National Executive, the
National Policy Research Committee may establish
such subcommittees, consistent with the interests
of the FPC, as are necessary for the effective
working of the National Policy Research Committee.
Each such sub-committee shall be chaired by
a National Councillor appointed by the National
Policy Research Committee.
Who may propose policies
A
proposed amendment to the Policies of the FPC
may made by:
the
Leader;
the
National Executive; or
any
FPC Member of Parliament.
To whom Policy proposals are to
be made
All
Policy proposals shall be made in writing and
forwarded to the Chair of the National Policy
Research Committee.
Policy
proposals copied to National Executive
Forthwith
after receiving a Policy proposal from the Leader
or from an FPC Member of Parliament, the National
Policy Research Committee shall forward to the
Secretary of the National Executive a true copy
of any proposed amendment, together with a copy
any documents or correspondence that accompanied
the proposed amendment, and information concerning
when the proposal was received and who made
the proposal.
Priorities of proposed Policies
If
the Leader is a member of Parliament, the National
Policy Research Committee shall give top priority
to researching any Policy proposal that the
Leader directs the National Policy Research
Committee to research. Second in priority to
such Policy proposals shall be policy proposals
that the National Executive directs the National
Policy Research Committee to research. Subject
to the discretion of the Chair of the National
Policy Research Committee, the National Policy
Research Committee shall research all other
proposed Policies in the order in which they
have been received.
Policy
proposals to be numbered
The
National Policy Research Committee shall assign
a number to each Policy proposal and shall,
immediately thereafter, notify the National
Executive and the person or persons who made
the proposal of the number that has been assigned
to the proposal.
Reports to be published
After
it has researched a proposed Policy, the National
Policy Research Committee shall publish a succinct
report:
explaining why the majority of the members
of the National Policy Research Committee
believe the proposed Policy is or is not
ultimately a Policy consistent with the
Founding Principle and Objectives of the
FPC; and
proposing
any changes to the proposed Policy that
might improve its consistency with the Objectives
and Founding Principle of the National Policy
Research Committee.
Signatures; dissenting opinions
All
members of the National Policy Research Committee
shall sign, date and indicate upon the report
whether or not they agree with the contents
thereof. If any member(s) of the National Policy
Research Committee is/are in dissent with respect
to all or a part of the report, the member(s)
may append to the report his/her/their explanation
as to why he/she/they are in dissent and what
conclusions he/she would draw instead.
Deadlines set by a Leader who is
an MP
If
the Leader is a member of Parliament then, for
the purposes of the better and more time efficient
functioning of the FPC in the House of Commons
or in government, the Leader may set such deadlines
as the Leader deems necessary for the production
by the National Policy Research Committee of
its report with respect to any Policy proposal
made by the Leader.
Deadlines set by National Executive
Subject
to section 90,
the National Executive may set such deadlines
as the National Executive deems necessary for
the production by the National Policy Research
Committee of its report with respect to any
proposed Policy.
Delivery of reports
After
preparing a report, the National Policy Research
Committee shall forthwith thereafter forward
the report both to the National Executive and
to the person(s) who made the Policy proposal.
Response to a report
The
person(s) who made the Policy proposal may,
not more than thirty (30) days after receiving
the National Policy Research Committee's report,
respond in writing to the report, which response
shall be forwarded by the person(s) both to
the National Executive and to the National Policy
Research Committee.
Ordered list of Policy
proposals to be made available
The
National Policy Research Committee shall maintain
at all times a current list of the order in
which Policy proposals, identified only by number,
have been or will be researched. The ordered
list shall be made available at all times on
a web page on the FPC web site.
PART
IX: NATIONAL PLATFORM COMMITTEE
Members
There
shall be a National Platform Committee that
shall consist of the following members:
the chair of the National Platform Committee,
appointed by the Leader;
the
Leader;
the
President of the National Executive;
the
Founders;
the
chair of the National Policy Development
Committee; and
such other persons as may be appointed by
the Leader.
Responsibility
The
National Platform Committee shall be responsible
for advising the Leader with respect to the
development of the platform to be put forward
by the FPC during federal general elections.
Meetings
In
co-operation with the Leader, the National Platform
Committee shall meet at the call of the chair
of the National Platform Committee.
To whom committee reports
The
National Platform Committee shall report to
the National Executive and to the Leader.
PART X: LIAISON COMMITTEE
Intent
The intent of the Liaison Committee is to
ensure a close and harmonious working relationship
between the FPCs National Executive and
the Parliamentary Caucus.
Members
The
National Executive, in conjunction with the
Parliamentary Caucus, will create a Liaison
Committee with equal representation from both
organizations.
The
Liaison Committee shall elect its own chair
and the Leader will be an ex officio
member of the Liaison Committee.
PART XI: OTHER NATIONAL COMMITTEES
May
be established by National Executive
The
National Executive shall establish such other
committees (hereinafter referred to as "National
Committees") as, in the National Executive's
sole discretion, are necessary or appropriate
to advise the National Executive or for the
proper and effective operation of the FPC.
All members appointed by National
Executive
All
members of each National Committee established
under this Part shall be appointed by the National
Executive.
Chairs must be National Councillors
The
National Executive shall appoint, from among
the National Councillors, the chair of each
National Committee established under this Part.
To whom committees report
Each
National Committee established under this Part
shall be accountable to and report to the National
Executive.
PART XII: COMMITTEES,
GENERALLY
Quorum
Before
any meeting of any committee of, or established
by this Constitution or by National Council,
there shall be an opening quorum of a Simple
Majority of the members thereof.
Chairs to make tie-breaking decisions
In
the event of a tie on any vote of a committee,
the chair of the Committee shall decide the
outcome of the vote to be either in the affirmative
or in the negative, in the chair's sole discretion.
PART XIII: POLICIES
Policies
determined by National Executive
The
Policies of the FPC shall be determined by the
National Executive.
Information considered; other
advice
In
determining party Policy, the National Executive
may consider any relevant information at its
disposal, and may commission or receive advice
from any other source it deems fit and necessary
or appropriate.
Information to be considered
Before voting with respect to a given proposed
Policy, the National Executive shall consider
all reports of the National Policy Research
Committee that the National Executive has received
before the time of the vote concerning the Policy.
Quorum
Quorum
for a vote by the National Executive on the
adoption of a Policy shall be all members of
the National Executive.
National
Executive to vote on proposed Policies
With respect to each proposed
Policy, during a meeting of all members of the
National Executive the date of which shall be
determined by the National Executive, the National
Executive shall vote:
to make the proposed Policy a Policy
of the FPC;
to make an amended version of the proposed
Policy a Policy of the FPC; or
to reject the proposed Policy.
Votes needed to adopt a Policy
A
Policy proposal, or an amended version of a
Policy proposal shall be adopted only if:
a
Special Majority of all members of the National
Executive agree that it is consistent with
the Founding Principle; and
a
Simple Majority of all members of the National
Executive agree, in the manner set out in
section 112,
to make it a Policy.
Notice
of vote outcome to MP who proposes a Policy
Forthwith
after voting on a Policy proposed by a member
of Parliament, the National Executive shall
notify the member of the decision of the National
Executive with respect to the proposed Policy.
PART
XIV: ELECTION PLATFORMS
Written
election platform limited to Policies
The
written election platform document of the FPC
in any federal election or by-election shall
include no express promise or proposal of a
Policy that is not a Policy of the FPC. Where
an inference logically can be drawn from a representation
that such a promise or proposal is being made,
the representation need not be excluded from
the election platform document if another inference
logically can be drawn from a representation
that the representation does not constitute
a promise or proposal of a Policy that is not
a Policy of the FPC.
Platform determined by Leader
Subject
to section 115,
the election platform of the FPC in any federal
election or by-election shall be that determined
by the Leader to be best suited to meeting the
Objectives of the FPC.
Leader to consider advice
In
determining the election platform of the FPC
in a given federal election or by-election,
the Leader shall consider the advice he or she
has by that time received from the National
Platform Committee and the National Executive.
PART
XV: CANDIDATE RECRUITMENT, SELECTION, AND DEVELOPMENT
Who
is not eligible to be nominated
No
person is eligible to be nominated to represent
the FPC as a candidate in a federal election
or by-election:
who is not a Member;
who
does not unequivocally agree with the Objectives
of the Party;
who
will not, in the House of Commons or in
government, support and defend all Policies
of the FPC; or
who will not refrain from publicly expressing
his disagreement with a party Policy other
than in the manner set out in this Constitution.
Constituency Associations: right
to nominate
Each
Constituency Association shall have the right,
at a general meeting of the Members of the Constituency
Association, to nominate an eligible person
to represent the FPC in the electoral district
of the Constituency in a federal election or
by-election.
Executive Committee to make initial
determination of eligibility
It
shall be the responsibility of the Executive
Committee of a Constituency Association to make
an initial determination of whether a person
who wishes to be a nominee is a person who is
ineligible by virtue of section 118.
That initial determination shall be made before
the person is permitted to enter into the Constituency
Association's contest for the nomination. The
initial determination must be made in respect
of each candidate at least thirty (30) days
prior to the date on which the Constituency
Association selects its nominee.
Appeal with leave
Any
Member who, in the opinion of the Executive
Committee of the Constituency Association in
the electoral district in which the Member is
seeking the nomination, is initially determined
not to be eligible for nomination may appeal
that determination with leave to the National
Executive or to an appellate body constituted
thereby. The determination of the National Executive,
or the appellate body as the case may be, shall
be final and determinative of the Member's eligibility
for nomination.
National
Executive may make finding of ineligibility
Notwithstanding
the initial determination of a Constituency
Association's Executive Committee concerning
a person's eligibility for the nomination, a
Special Majority of all members of the National
Executive, or of the full membership of a body
to which it delegates the responsibility, may
deem the person to be ineligible in the interests
of the FPC or pursuant to section 118.
Such an ineligibility shall be binding upon
the Constituency Association for the purposes
of its nomination proceedings.
Ineligible
persons not to be candidates for nomination
Any
person who is not eligible to be a nominee shall
not be permitted to be a candidate in the Constituency
Association's nomination contest.
National Executive may nominate
Members
In
any electoral district lacking a Constituency
Association recognized by the National Executive,
the National Executive may nominate a Member
to represent the FPC in any federal election
or by-election.
Compressed time lines
The
National Executive will decide and advise all
Constituency Associations whenever they are
authorized to implement the compressed timelines
dealing with Candidate recruitment and selection.
Nomination may be nullified by
National Executive
The
National Executive, on approval of a Special
Majority of all members of the National Executive,
has the right to nullify the nomination of any
person nominated by a Constituency Association
where such nullification is, in its absolute
discretion, in the best interests of the FPC.
Nullification decision: procedure
Where
the National Executive proposes to nullify the
nomination of a person, the Secretary shall
notify the nominated person and the Constituency
Association in writing within seven (7) days
of the decision, which notification shall contain
a statement of the reason for the proposed nullification.
The person and no more than three (3) authorized
representatives of the Constituency Association
shall have the right to be heard by the National
Executive or its representatives before a final
and binding decision on nullification is rendered.
Nomination and endorsement conditional
upon affirmation
Unless
and until a nominee has truthfully made and
signed the following affirmation:
"I
have read, understand, and do hereby affirm
my personal commitment to the Objectives, Policies
and Founding Principle of the Freedom Party
of Canada and to the Constitution of the Freedom
Party of Canada. I further promise and affirm
that I shall at all times support the Leader,
I will not conduct myself in a manner that may
undermine respect for the Leader or the Leader's
authority, and I will follow the directives
of the Leader of the Freedom Party of Canada
in respect of my conduct in the House of Commons
or in government."
the
Leader shall not endorse the nominee under the
provisions of the Canada Elections Act
and, if the nominee refuses truthfully to make
and sign the affirmation, the nominee's nomination
shall by deemed, hereby, to be nullified.
Selection of replacement nominee
Where
the nomination of a person is nullified, the
National Executive shall either nominate another
Member to represent the FPC in the electoral
district in question, or shall require the Constituency
Association to nominate a new candidate.
Rules and Procedures
The
National Executive shall make, and oversee the
development and implementation of, such rules
and procedures as are necessary or appropriate
to ensure fair and effective candidate recruitment,
selection, training, and the organization and
implementation of effective campaigns.
Leader not to withhold endorsement
Subject
to section 128,
the Leader shall not withhold, under the provisions
of the Canada Elections Act, the endorsement
of a nominated Member.
PART
XVI: THE LEADER
Overall
direction of the FPC
There
shall be a Leader of the FPC who shall, subject
to this Constitution, be responsible for the
overall direction of the FPC.
Leader's responsibilities
The
Leader:
is responsible for the organization and
administration of the Parliamentary Caucus;
together with Caucus, will endeavour to
promote and implement the Founding Principle
and Policies of the FPC;
shall
set the strategic direction for the FPC,
in consultation with National Executive
and Parliamentary Caucus; and
will
carry out these duties in accordance with
this Constitution.
PART
XVII: THE INTERIM LEADER
Leader's
death, retirement or resignation
Upon
the death, retirement or resignation of the
Leader, and until the completion of the election
or appointment of a new Leader, the Caucus and
National Council shall jointly elect, from among
one or more nominees put forth by the National
Executive, an interim Leader who shall be recognized
as the Leader by the FPC.
Where no caucus
If
there is no Caucus, then the National Executive
shall select the interim Leader.
PART
XVIII: LEADERSHIP REVIEW
No
review during FPC government
There
shall be no Leadership review while the FPC
forms the Government of Canada.
Review Eligible Meetings
At
the first general meeting of the FPC following
a federal general election in which:
the
number of FPC candidates in the election
that were nominated by a recognized FPC
Constituency Association and endorsed by
the Leader was a Special Majority of the
federal electoral districts in Canada; and
the
FPC Caucus did not form the Government of
Canada,
and
only at such meeting (hereinafter referred to
as an "Review Eligible Meeting"), the
delegates shall be asked by secret ballot: "Do
you wish to have a Leadership election?".
Where vote at Review Eligible
Meeting is in the affirmative
In
the event that a Simple Majority of the votes
cast at a Review Eligible Meeting are in the
affirmative, the National Executive shall, within
six (6) months thereafter, call a Leadership
election.
Where
National Executive has discretion to call Leadership
election
If,
in a federal general election:
the
number of FPC candidates in the election
that were endorsed by the Leader and nominated
by a recognized FPC Constituency Association
was a Simple Majority of the federal electoral
districts in Canada, but not a Special Majority
thereof; and
the
FPC Caucus did not form the Government of
Canada,
then,
within three (3) months following the election,
the National Executive shall hold a meeting of
all members of the National Executive who shall
vote to determine whether or not a Leadership
election is desirable and, if a Simple Majority
of the members of the National Executive vote
in favour of a Leadership election, the National
Executive shall, within six (6) months thereafter,
call a Leadership election.
Where
National Executive has discretion to select a new
Leader
If,
in a federal general election, no FPC candidates
were elected to Parliament, or if:
the
number of FPC candidates in the election
that were nominated by a recognized FPC
Constituency Association and endorsed by
the Leader was less than a Simple Majority
of the federal electoral districts in Canada;
and
the
FPC Caucus did not form the Government of
Canada,
then, at the first meeting of the
National Executive following a general federal election
at which all members of the National Executive are
in attendance, National Executive shall, by an open
vote of all members of the national Executive, determine
whether or not a change in Leadership is desirable
and, if a Simple Majority of the National Executive
vote in favour of a change in Leadership, the National
Executive shall select a new Leader.
Death, retirement or resignation
of Leader
If
the Leader dies while Leader, or if the Leader
serves upon the National Executive the Leader's
written notice of the Leader's freely and voluntarily-made
decision to retire or resign as Leader, then:
if
there is a recognized FPC Constituency Association
in a Simple Majority of federal electoral
districts, the National Executive shall,
within six (6) months thereafter, call an
election for the Leadership of the FPC;
and
if
there is not a recognized FPC Constituency
Association in a Simple Majority of federal
electoral districts, the National Executive
shall select another Leader within six (6)
months thereafter.
PART
XIX:. LEADERSHIP NOMINATION IN LEADERSHIP ELECTIONS
Date
of voting
The
date of voting in a Leadership election shall
occur at the earliest convenient date but not
earlier than four (4) months and not later than
six (6) months after the date on which the National
Executive called for such Leadership election.
One
Member, one vote: equal weight of all votes
In
the event that the National Executive has called
a Leadership election, such election shall respect
the principle that each eligible member of the
FPC shall have the right to one vote of equal
weight to every other vote in the election of
the Leader.
Who is eligible to vote
Only
those who have been Members for at least thirty
(30) days immediately prior to the effective
date of voting in a Leadership election are
eligible to vote.
Rules and regulations for Leadership
election
The
National Executive shall make rules and regulations
for the Leadership election, and shall appoint;
five (5) Members to act as the Leadership
Election Organization Committee, at least
one (1) of whom must be from the National
Executive and two (2) others of whom must
be National Councillors;
a Chief Election Officer, who shall be a National
Councillor; and
a
returning officer for each of the Federal
Electoral Districts, who shall be a Member;
to
administer the Leadership election.
Who may seek the Leadership
Unless
the Member has the approval of a Simple Majority
of members of the National Executive, only a
Member who was a Member for at least three (3)
years prior to the day on which the National
Executive called the Leadership election may
apply for and be nominated for the Leadership
of the FPC.
Founders nominated upon notice
as of right
Notwithstanding
any section of this Constitution, a Founder,
upon notifying the National Executive in writing
of his decision to seek the Leadership of the
FPC, is deemed hereby to be nominated for the
purpose and, notwithstanding any section of
this Constitution, his nomination cannot be
nullified.
Application for nomination
With
the exception of the Founders, no Member shall
be considered to have applied for nomination
unless and until the Member's "Application
for Nomination for the Leadership of the Freedom
Party of Canada", together with a photograph
taken for the purpose and a non-refundable disbursement
fee determined by the National Executive, has
been received by the Secretary of the National
Executive or a person to whom that Secretary
has delegated the responsibility.
All required information to be
supplied
With
the exception of the Founders, no Member shall
be considered to have applied for nomination
unless and until all information required to
be provided on the application has been provided.
Subject to the applicable laws of Canada, the
provinces and the territories, the National
Executive shall have the authority to require
the provision of any information that National
Executive decides must be required, including
answers to any questions the answers of which
may assist the Members and National Executive
in selecting an appropriate Leader.
Application requires signatures
of five Members; notice to Members
The
application, to constitute an application under
this Part, shall require the signatures of five
(5) Members who were Members before the occurrence
of the election, death or resignation that gave
rise to the call of a Leadership election. On
the application, Members shall be put on notice
that the person applying to be a nominee cannot
be a nominee without the signatures of five
(5) Members who were Members before the occurrence
of the election, death or resignation that gave
rise to the call of a Leadership election, and
shall be put on notice that the Member can sign
the application of any number of applicants.
Quantum of application fee
The
nonrefundable fee shall be no greater in quantum
than the amount that the National Executive
expects will be needed to forward to the entire
Membership of the FPC information concerning
the applicant, together with an endorsement
form, postage and related disbursements. The
amount of the fee to be paid by the applicant,
and the requirement to pay it, shall be clearly
stated on the application.
Application Cut-off Day
No
person shall be a nominee in the election who
has not submitted the person's application,
photograph, and fee to the National Executive
within thirty (30) days following the day on
which the National Executive called the Leadership
election. The thirtieth (30th) day after the
calling of the election shall be referred to
herein as the "Application Cut-off Day".
Pre-screening package to be sent
to Members
Within
thirty (30) days following the Application Cut-off
Day, the National Executive, or a body to which
it delegates the responsibility, shall provide
to each Member who was a Member before the date
on which the National Executive called the Leadership
election a package entitled a "Leadership
Prescreening Package", containing:
a
copy of the information in each applicant's
Application for Nomination for the Leadership
of the Freedom Party of Canada, together
with the applicant's photograph; and
a
Member's Statement form.
Member's Statement form
On
the Member's Statement form, the following statement
shall be made in respect of each applicant,
together with a means for Members to indicate,
with respect to each candidate, whether or not
they agree with the statement:
"I
am so confident that (name of applicant) unequivocally
agrees with and supports the Founding Principle,
Objectives, and Policies of the FPC, that I
would entrust to (name of applicant) the powers
and responsibilities of the Leadership of the
Freedom Party of Canada. I am also so confident
that (name of applicant) is committed to promoting
and implementing the Policies of the FPC, and
governing Canada in a manner ultimately consistent
with the Founding Principle of the FPC, that
I would entrust to (name of applicant) the powers
and responsibilities of the Leadership of the
Freedom Party of Canada."
How an applicant becomes a nominee
An
applicant is hereby deemed to be nominated for
the Leadership if the applicant has received
the confidence of at least the lesser of one
hundred (100) Members or twenty percent (20%)
of the Members whose Member's Statements were
received by the National Executive from Members,
in due form, within sixty (60) days following
the Application Cut-off Day.
National Executive may deem applicant
a nominee
The
National Executive may deem an applicant to
be a nominee with the approval of a Simple Majority
of all members of the National Executive.
Nominees to be interviewed by
National Executive
Not
more than ninety (90) days following the Application
Cut-off Day, at a meeting of all members of
the National Executive, each nominee for the
Leadership, except those who are Founders, shall
be interviewed in camera.
Nullification of nominations
After
all such nominees have been interviewed by the
National Executive, all members of the National
Executive shall indicate either "yes"
or "no" to the following questions,
in respect of each nominee other than those
who are Founders:
"Are
you so confident that this nominee unequivocally
agrees with and supports the Founding Principle,
Objectives, and Policies of the FPC, that you
would entrust in this nominee the powers and responsibilities
of the Leadership of the Freedom Party of Canada?";
and
"Are
you so confident that this nominee is committed
to promoting and implementing the Policies of
the FPC, and governing Canada in a manner ultimately
consistent with the Founding Principle of the
FPC, that you would entrust in this nominee the
powers and responsibilities of the Leadership
of the Freedom Party of Canada?".
Notwithstanding
any other section of this Constitution, the nomination
of a Member other than a Founder who does not
receive a Simple Majority vote of the Officers
in respect of both determinations (a) and (b)
shall hereby be deemed nullified and the person
shall proceed no further in the Leadership selection
process.
Remaining nominees to be Leadership
candidates
Those
persons who, after the National Executive votes
upon them, remain nominees for the Leadership
of the Freedom Party of Canada shall be candidates
in the election for same.
Election via Single Transferable
Vote
The
election of a Leader shall be conducted by secret
ballot cast in the Single Transferable Vote
system set out in Schedule
"C".
Manner of casting votes
In
the discretion of the National Executive, each
Member's vote in the Leadership election may
be cast at an FPC party convention held for
the purpose, by postal ballot, or by either
means.
Candidate campaign funding rules
and spending limits
The
National Executive may determine campaign funding
rules and reasonable spending limits for candidates
in a Leadership contest.
PART
XX: LEADERSHIP ELECTION
Member
must be able to prove eligibility to vote
In
order to receive a ballot, a Member must be
able to prove he or she is a Member who is eligible
to vote in the election.
One ballot per eligible Member
Each
eligible Member shall be permitted to submit
only one ballot.
Single Transferable Vote ballots
Ballots
shall be so designed that each voter will vote
according to the Single Transferable Voting
system set out in Schedule
"C".
Determination of Leader
The
nominee who first, in the Single Transferable
Vote tallying system, receives a Simple Majority
of votes shall be declared Leader.
PART
XXI: FINANCIAL ORGANIZATION
(This
Part not in force until declared by the National
Executive to be in force)
Freedom
Canada Fund
The
financial affairs of the FPC shall be managed
by Freedom Canada Fund, a non-profit corporation
created for such purpose and organized by the
FPC subject to this Part.
Constitution of the Freedom Canada
Fund
Freedom
Canada Fund shall consist of the following Members:
a
Chair, appointed by the National Executive;
its
Directors shall be elected by National Executive
from amongst the the members of the National
Council; and
Individuals
who are Members appointed by the National
Executive.
Limited liability of members of
the National Executive; indemnification
When acting within the scope of their authority,
no Officer shall be liable for any debts, actions,
applications, claims, complaints, demands, liabilities
or commitments of any kind made by or against
the FPC or Freedom Canada Fund, and in particular
the FPC and Freedom Canada Fund shall indemnify,
and hold harmless each such Officer against
any such debt, action, application, complaint,
claim, demand, liability or commitment whatsoever,
including any legal fees and related disbursement
incurred by the Officer in defence of any such
debt, action, application, claim, complaint,
demand, liability or committment.
Only Freedom Canada Fund may incur
debt; indemnification by Member
Only
Freedom Canada Fund may, and no member thereof
shall, commit the FPC to any indebtedness of
any kind, either for goods, services or otherwise.
Any Member committing the FPC in contravention
hereof shall save harmless and indemnify the
FPC against any claim, demand, action, debt
or cause of action which may arise as a result
of such unauthorized commitment.
Audited financial statements
Annual
audited financial statements of Freedom Canada
Fund shall be automatically made available to
each Constituency Association.
Offer of remuneration to President;
limit
The
National Executive shall offer remuneration
not greater than that of the salary of a member
of Parliament, to the President of the National
Executive.
Offer of remuneration to unelected
Leader; limit
National
Council shall offer remuneration not greater
than that of the salary of a member of Parliament,
to the Leader, so long as the Leader is not
an elected Member of Parliament.
PART
XXII: OFFICES
Locations determined by National
Executive
The
FPC shall maintain a National Office and/or
other offices at locations determined by the
National Executive.
PART
XXIII: CONSTITUTIONAL AMENDMENTS
Who
may propose amendments
Only
National Councillors may propose amendments
to this Constitution.
To whom amendment proposals presented
A
proposed amendment shall be presented to the
Secretary of the FPC.
Founding Principle and its regulation
of Policies not amendable
Notwithstanding
any other section of this Constitution, the
terms of this section, and of sections 3,
4, and 113
of this Constitution cannot be amended.
Amendments to the amending formula
An
amendment to this Part, or to the Objectives
of the FPC, shall require the consent of all
members of the National Executive. An amendment
to any other section of this Constitution shall
require the consent of a Special Majority of
all members of the National Executive.
When proposed amendments to be
considered
The
Secretary of the National Executive shall place
the the proposed amendment on the agenda of
the next non-emergent National Executive meeting
that is to occur not less than fifteen (15)
days after the Secretary receives the proposed
amendment.
Notice to all members of the National
Executive
The
Secretary of the National Executive shall notify
all members of the National Executive of all
proposed amendments to the Constitution at least
fifteen (15) days prior to the date of the National
Executive meeting at which it will be addressed.
PART
XXIV: INTERPRETATION AND ENFORCEMENT OF THE CONSTITUTION
Constitution
to rule the FPC
This
Constitution governs the affairs of the Freedom
Canada Fund, the FPC, and its members of the
National Executive, National Councillors, Constituency
Associations and Members. In the event of any
conflict between this Constitution and any other
FPC or Constituency Association document, this
Constitution shall prevail.
Enforcement of and Obedience to
Constitution
The
Leader and the National Executive shall uphold
and enforce the provisions of this Constitution.
Interpretation of Constitution
The
National Executive shall be the final authority
on the interpretation of this Constitution.
In interpreting this Constitution, any conflict
between or any ambiguity in its terms shall
be resolved by giving preference to the provision
or interpretation which best reflects the Founding
Principle and Objectives, considered together.
Matters not covered
All matters not specifically covered in this
Constitution are within the purview of the National
Executive, governing in the capacity of the
National Executive to act with full authority.
PART
XXV: SCRUTINEERS
Nominees,
candidates may appoint scrutineers
Any
nominee or candidate for elected office within
the FPC may appoint a scrutineer for the purposes
of that election.
PART
XXVI: NOTICE
Manner
of effecting notice
For
all matters requiring notice under this Constitution,
notice may be given in one or more of the following
ways with the effective date indicated:
by
regular mail, effective three (3) days after
the later of the date of the postmark or
with appropriate documentation, the date
of the delivery to the post office;
by
facsimile, appropriate telephonic or computer
technology, effective on the date of transmission;
by
personal delivery, effective on the date
of delivery to the recipient;
by
bulk mail, effective five (5) days after
the date of delivery to the post office;
and,
by
courier, effective one (1) day after the
date of delivery to the courier.
Notice to FPC, National Executive
Notice
to the FPC, or the National Executive, or to
the Secretary of the National Executive, shall
be addressed to the National Office of the Freedom
Party of Canada and marked to the attention
of the appropriate person or body.
Notice to Members
Notice
to a Member shall be sent to the Member's address
according to the most recent FPC records. It
is the responsibility of a Member to ensure
that the FPC's most recent records contain the
Members address for this purpose.
Notice to Constituency Associations
Notices
to Constituency Associations shall be addressed
to the Associations President, Secretary
or other Executive Officer designated by the
Association, in writing, to the National Office
of the FPC.
Deemed notice
Any
notice required by this Constitution shall be
deemed given if reasonable compliance has been
achieved and no material prejudice has resulted.
SCHEDULE A
Attached
to and Forming Part of the Constitution of the Freedom
Party of Canada
CONSTITUENCY
ASSOCIATION CONSTITUTION
There are many Parts and sections within the Constitution
of the Freedom Party of Canada which relate to Constituency
Associations and should be reviewed.
1.
NAME
The
name of the Association is Freedom Party of Canada
(insert name of Constituency) Constituency Association.
2.
DEFINITIONS
In
this Constitution:
"Annual
term" means the period of time between two
consecutive Annual General Meetings;
"Annual
General Meeting" means: a specific meeting
of a Constituency Association at which the
Directors and/or Officers of the Constituency
Association are elected by the Members in
attendance to manage the affairs of the
Constituency Association until the succeeding
such meeting.
"Association"
means Freedom Party of Canada (insert name
of Constituency) Constituency Association;
"Board
of Directors" or "the Board" means: the
collective of the Directors selected by
a Constituency Association to manage the
affairs of said Constituency Association,
subject always to the provisions of this
Constitution and to direction from the Constituency
Association;
"Candidate"
means a member of the FPC who is seeking
to be nominated by the Association to be
the person to run as an FPC candidate in
a federal election or by-election.
"Director"
means any member of the Board of Directors
and includes Directors elected by Members
of a District and Directors elected by the
Members of the Association;
"Endorsed
Nominee" means a Nominee who has received
the endorsement of the Leader to run as
the FPC candidate in a federal election
or by-election in the electoral district
of the Association.
"Executive
Committee" means the committee by that name
established under "Article 8 Officers
and Executive Committee";
"Filing
Requirements" means those documents that
the FPC deem necessary to have been filed
prior to becoming a declared nominee;
"FPC"
means Freedom Party of Canada;
"Member"
means a member of the Freedom Party of Canada
who ordinarily resides in the Federal Electoral
District of the Association;
"Nominee"
means the Candidate elected by the Association,
or the Member selected by the National Executive
to be the FPC candidate in a federal election
or by-election;
"Officer"
means: a Member holding the position of
President, Vice-president, Secretary, or
Treasurer of a Constituency Association;
"Returning
Officer" means a Member approved by the
FPC to supervise the election of a Nominee
at a meeting of the Constituency Association
called for that purpose and in accordance
with "Article 9 Nominee Selection"
herein.
3.
OBJECTIVES
The Objectives of the Constituency Association are:
to
support and promote the Objectives and Policies
of the FPC, and to maintain an effective Constituency
organization for that purpose;
to
choose a Nominee, in the manner set out in "Article
9 - Nominee Selection", for each federal
election and by-election;
to
assist and promote the election to the House
of Commons of Endorsed Nominees;
to
raise money and maintain a fund to support the
Association and to assist Endorsed Nominees
in federal elections and by-elections;
to
recruit membership to carry out the Objectives
of the FPC and the Association.
4.
MEMBERSHIP
Membership
in the Association is all Members of the FPC,
pursuant to "Part III: Membership" of the Constitution
of the Freedom Party of Canada, who are ordinarily
resident in the Constituency Association.
Membership
in the Association shall cease if a Member ceases
to be ordinarily resident in the Federal Electoral
District or is terminated pursuant to "Part
III: Membership" of the Constitution of the
Freedom Party of Canada.
Eligible
persons who apply for membership in the FPC
shall become Members, hereinafter referred to
as "Members", upon entry on the Membership
list at National Office.
A
Member whose dues are in arrears by not more
than sixty (60) days shall, upon payment of
the applicable fee, be considered reinstated
as a Member in good standing retroactive to
the expiry date of the Membership.
5.
VOTING
Only Members may vote on matters coming before
a general meeting of the Association. Motions
require a Simple Majority vote of persons present
and voting to pass. In the event of a tie vote,
the President shall cast the deciding vote.
Only
those who have been Members for at least thirty
(30) days immediately prior to the date of voting,
shall be entitled to vote on the election of
Directors. Only Members of the Association in
good standing shall be qualified to stand for
election for Directors.
Only
those who have been Members for at least thirty
(30) days immediately prior to the effective
date of voting shall be eligible to vote for
a Candidate.
Voting
on matters set out in Article 5.2 and 5.3, shall
be by secret vote.
The
Board of Directors may appoint a Director Recruitment
Committee in relation to the elections referred
to in Article 5.2. The Director Recruitment
Committee should strive to identify and recruit
qualified persons for each position and may
recommend certain persons to the voters. Nominations
for the positions in Article 5.2 shall not close
until nominations from the floor have been called.
Proxy
voting within the FPC is not permitted.
6.
MEETINGS
Meetings
of the Association shall be convened by the
Executive Committee as required.
In
each twelve (12) month period, the Association
shall hold at least four (4) meetings of its
Board of Directors, not less than one (1) meeting
per quarter, and at least one (1) general meeting
of its Members per year.
The
Secretary shall, within forty-five (45) days
of receipt by the Secretary of a written request
signed by not fewer than twenty-five (25) Members
or ten (10) percent of the Membership, whichever
is greater, convene a meeting of the Association.
The
National Executive may call a meeting of the
Constituency Association if it believes that
it is necessary to do so, with notice consistent
with this Constitution.
Notice
of all meetings shall state the matters to be
dealt with at the meetings. No matters shall
be dealt with at a Membership or National Executive
initiated meeting until those stated in such
request have been dealt with.
A
quorum at meetings of the Association shall
be either thirty (30) Members or one half (1/2)
of the Membership, whichever is the lesser.
Should a quorum not be present within one-half
(1/2) hour of the time called for a meeting,
that meeting, other than a meeting called by
the Secretary pursuant to a request under Article
6.2, shall be set over to the same time and
place one (1) week later, if possible.
Meetings
of the Association should be held within the
boundaries of the Federal Electoral District
unless a majority of the Board of Directors
vote to hold the meeting elsewhere.
The
Association shall in each calendar year, and
no later than fourteen (14) months from the
last Annual General Meeting, hold an Annual
General Meeting at which the following business
shall be conducted:
report
by the Board of Directors;
presentation
of financial statements;
election
of Directors and, where applicable, Officers;
other
business as required.
In the event of a federal election or by-election
falling within the allotted period, an Annual
General Meeting may be postponed for up to ninety
(90) days. The National Executive will decide
and advise all Constituency Associations whenever
they are authorized to implement the compressed
timelines dealing with Candidate recruitment
and nomination.
The
Executive Committee shall formulate all rules,
regulations and procedures to be followed at
all meetings that are consistent with this Constitution.
7.
BOARD OF DIRECTORS
The
affairs of the Association shall, subject to
the provisions of the Constitution of the Freedom
Party of Canada and direction from the Members,
be managed and directed by a Board of Directors.
The
Membership at a Meeting of the Association may
pass a bylaw, pursuant to Article 16, to establish
Districts within the Association which may stipulate
that a certain number of Directors come from
each established District.
Directors
shall be elected at the Annual General Meeting
from the Members.
The
Board of Directors shall be comprised of:
the
Directors; and
the
FPC's Member of Parliament from the Federal
Electoral District. If there is no elected
FPC Member of Parliament from the Federal
Electoral District then, if there is an
Endorsed Nominee, the Board shall include
that Endorsed Nominee and this inclusion
shall terminate one hundred and twenty (120)
days following the federal election or by-election
contested by the Endorsed Nominee.
Only
Members who have ordinarily resided in the Federal
Electoral District for at least thirty (30)
days immediately prior shall be qualified to
stand for election as a Director.
The
total number of elected Directors shall not
exceed thirty (30).
Notwithstanding
this Article, the Board of Directors may appoint
up to three (3) additional members to the Board
(to a total of thirty-three (33) Directors)
as circumstances may require.
The
term of office of the Directors is one (1) annual
term.
If
a Director ceases to hold office, the Board
may appoint a replacement Director from the
Membership.
A
Director appointed by the Board of Directors
may be removed from office at a meeting called
for that purpose on approval by not less than
two-thirds (2/3) of the membership of the Board
of Directors, present and voting.
A
Director elected by the Members at a Meeting
of the Association, may be removed from office
at a Meeting of the Board of Directors called
for that purpose on approval by not less than
two-thirds (2/3) of the full membership of the
Board of Directors.
The
Board of Directors may remove a Director who
has missed four (4) consecutive regularly scheduled
Board meetings without reasonable explanation.
In
the event that there are the same number or
fewer persons standing for election than vacant
Director positions, each Member present and
voting shall mark "yes" or "no" opposite the
name of each person on the ballot. Every person
receiving more affirmative than negative, and
only those persons, shall be declared a Director.
Any candidate receiving more negative than affirmative
votes may not be appointed to any vacancy on
the Board of Directors.
Meetings
of the Board shall be promptly called by the
Secretary at the direction of the President
or at the written request for a meeting, signed
by at least five (5) Directors.
The
Board of Directors shall appoint such committees
as are required for the efficient operation
of the Association.
A
quorum of the Board of Directors is the greater
of forty (40) percent or six (6) Members.
8.
OFFICERS AND EXECUTIVE COMMITTEE
The
day to day affairs of the Association shall,
subject to the provisions of the Constitution
of the Freedom Party of Canada and the direction
from the Board of Directors, be managed and
directed by an Executive Committee, which shall
be comprised of the President, Vice-president(s),
Secretary, Treasurer and not more than three
(3) additional members of the Board of Directors.
The
Officers of the Association shall be elected
each year either by the membership of the Association
at the Annual General Meeting or by the Board
of Directors from within their numbers. If the
Officers are to be elected by the Board of Directors,
the election shall take place within fourteen
(14) days of the Annual General Meeting.
The
Officers of the Association shall be:
a
President who shall prepare the agenda and
preside at all meetings of the Association,
the Board of Directors and the Executive
Committee, who shall be an ex-officio member
of all committees except the Nomination
Committee and the Director Recruitment Committee,
and who shall ensure that all communications
sent to them by National Office that pertain
to specific officers shall be distributed
within a timely matter;
one
(1) or more Vice-presidents, who shall have
such duties as the Board shall assign, one
of whom shall assume and perform the duties
of the President in the absence of the President;
a
Secretary who shall have custody of all
official Association records, documents
and all regulations of the Association,
other than financial, and who shall prepare
and maintain minutes of meetings of the
Association, of the Board of Directors and
of the Executive Committee, call meetings
upon the direction of the President or request
of members as laid out in this Constitution,
and perform other secretarial duties as
the Board may direct;
a
Treasurer who shall administer the financial
affairs of the Association and keep or cause
to be kept all such books of account and
financial records as may be required to
properly reflect the financial affairs of
the Association.
If
the Officers of the Association are elected
by the Board of Directors, an Officer of the
Association may be removed from that position
at a meeting of the Board of Directors called
for that purpose on approval of two-thirds (2/3)
of the full membership of the Board of Directors.
If
the Officers of the Association are elected
by the Membership, an Officer of the Association
may be removed from that position at a meeting
of the Association called for that purpose on
approval of two-thirds (2/3) of the membership
present and voting.
Upon
ceasing to hold office, Officers shall promptly
deliver to their successors or to the President
or Vice-president(s) of the Association, all
records, materials and property in their possession,
which belong to the Constituency Association.
If
an Officer ceases to hold office, the Board
of Directors may appoint a Director to fill
the position for the unexpired term.
The
Executive Committee shall meet at the call of
the President or upon written request to the
Secretary of at least three (3) other Executive
Committee members.
A
quorum of the Executive Committee is a majority
of its members.
Meetings
of the Executive Committee shall be held either
in person or simultaneous telephone attendance
or by a combination thereof.
All
actions of the Executive Committee shall be
recorded and the actions taken since the previous
meeting of the Board of Directors shall be presented
for ratification to the next meeting of the
Board of Directors.
9.
NOMINEE SELECTION
No
fewer than three (3) months prior to a prospective
Nominee selection meeting, a Nomination Committee
shall be appointed by the Board of Directors,
and shall be comprised of two (2) Directors,
plus three (3) other Members and shall appoint
a Chairman from its numbers. Individual Nomination
Committee members must sign a pledge not to
be Candidates, and not promote or oppose any
Candidate.
The
Nomination Committee shall:
organize
and administer a Candidate recruitment,
and nomination;
conduct
a thorough search to find the best available
persons to be Candidates, in accordance
with FPC guidelines;
require
the calling of a general meeting of the
Association for the purpose selecting a
Nominee ("the Nomination Meeting,"); and
provide
opportunities for the dissemination or publication
of the platform and priorities of all Candidates.
A
Meeting Committee shall be appointed by the
Board of Directors. The committee shall organize
the Nomination Meeting as directed and approved
by, the Board of Directors, but will work closely
with the Nomination Committee to ensure all
their needs are met. Individual Meeting Committee
members must sign a pledge to not become Candidates
and not promote or oppose any Candidate.
Any
member of the Board of Directors after filing
the prescribed papers to be a Candidate or,
if the Director is an Endorsed Nominee, after
becoming a candidate in a federal election or
by-election, shall take a leave of absence as
a Director and can only resume Board duties
when the Director is no longer a Candidate,
or is no longer a candidate in the federal election
or by-election, as the case may be.
All
Candidates shall be notified of and invited
to attend meetings of the Board as a guest until
a Nominee has been elected or selected.
Except
in the case of a by-election, the Nomination
Committee shall, no more than one (1) year but
not less than two (2) months prior to the prospective
Nomination Meeting:
declare
the start of the official campaigning period
for Candidates;
release
a copy of the Association's Membership list
to each Candidate who has met the Filing
Requirements; andhas been interviewed
and accepted by the Nomination Committee
as a potential Nominee.
provide
opportunities for all Candidates to state
their platforms and promote their Nomination.
At
a Nomination Meeting, no business other than
the selection of a Nominee shall be conducted
until after the vote for the Nominee has been
held.
A
Candidate shall present to a member of the Nomination
Committee, before the time for registering as
a Candidate has ended, a candidacy paper signed
by not fewer than ten (10) Members who are entitled
to vote on the selection of a Nominee. The candidacy
paper shall be signed also by the Candidate,
indicating acceptance of the candidacy and support
of the FPCs Objectives and Policies. Every
Candidate must have been a Member for at least
thirty (30) days immediately prior to the date
of the Nomination Meeting, have a paid up membership
in the FPC extending to at least the latest
possible date of the forthcoming election, and
be eligible to sit as a Member of Parliament.
The
time for registering as a Candidate shall close
at 5:00 p.m., fourteen (14) days prior to the
date of the Nomination Meeting.
At
the Nomination Meeting, a Returning Officer
approved by the FPC, shall:
supervise
the voting and vote counting;
declare
and announce the winner; and
if
so directed by the meeting, destroy the
ballots.
Before
the vote is taken, each Candidate shall be given
equal time to address the meeting. The time
allotment shall be determined by the Nomination
Committee and communicated to all Candidates
in advance, and may be used by the Candidate
and/or the Candidate's introducer as the Candidate
may choose.
The
selection of a nominee shall be carried out
by means of the Single Transferable Voting system
described in Schedule "C" to the Constitution
of the Freedom Party of Canada.
On
the ballot, the Candidates shall be named in
alphabetical order of their respective surnames.
In
order to receive a ballot, a Member must establish
current membership in the Freedom Party of Canada,
as well as further identification as proof of
ordinary residence in the Federal Electoral
District where the Member votes.
Ballots
shall be marked in secret by eligible voters.
In
the event that there is only one Candidate,
that person shall be the Nominee, provided that
each Member present (at the Nomination Meeting)
and voting marks either "yes" or "no" opposite
the name on the ballot and that no more than
fifty (50) percent of the eligible voters cast
negative votes.
In
the event of an unanticipated federal election
or by-election, the time periods in "Articles
9.1, 9.6, 9.9
Candidate Selection" and "Article 10.2
Notices" may be abrogated by a resolution passed
by the Board of Directors. The National Executive
will decide and advise all Constituency Associations
whenever they are authorized to implement the
compressed timelines dealing with Candidate
recruitment and selection.
Memberships
sold during the Nominee Selection process must
be turned in to the President or the Nomination
Committee or their designate within the time
parameters established in "Article 5.2 - Voting"
and such Membership application forms must be
signed by the applicant.
For
the purposes of this Article, a mail-in ballot
may be used in those Federal Electoral Districts
identified in Schedule III of the Canada
Elections Act, and by other Associations
if circumstances warrant with the approval by
the National Executive, provided that the procedure
for any proposed mail-in ballot is approved
by the National Executive.
The
Nomination Committee shall interview each Candidate
within seven (7) days of the filing requirements
being met. In conducting such interview(s),
the Committee shall satisfy itself as to the
character and support of Freedom Party of Canada
Objectives and Policies of each person seeking
nomination. The Nomination Committee shall have
the right to disallow the Candidacy of any person,
subject to the appeal of such a decision to
the National Executive of the Freedom Party
of Canada.
10.
NOTICES
Notice
of any meeting(s) of the Association, together
with notice of dates, times and locations of
meetings, and items to be dealt with thereat
shall be given by, or under the direction of
the Secretary to each Member of record by one
(1) or more of the following methods:
mailing
a copy of such notice to the Members
address of record;
personally
delivering a copy of such notice;
mailing
to the Members address of record a
copy of a Constituency Newsletter which
prominently displays such notice;
oral
communication to each Member; or
appropriate
telephonic and computer technology.
Notice
of Meetings of the Association shall be given
to all Members not fewer than fourteen (14)
days and not more than forty five (45) days
prior to the day on which any such meeting is
to be held.
Notice
of Board of Directors meetings shall be given
to all Directors by either the President or
the Secretary not fewer then seven (7) days
prior to the date of the meeting. Notice of
any meeting of the Board of Directors may be
waived with the approval of three quarters (3/4)
of the Directors.
Notice
of District meetings, where applicable, shall
be given by the Secretary of the Association
or by the Director elected by the District to
all Members of record ordinarily residing in
the District not fewer than fourteen (14) days
prior to the date of the meeting.
11.
REPORTING
Copies
of the following shall be provided
to National Office by each Constituency within thirty
(30) days of the holding of an Annual General Meeting:
the
names of the Officers with their mailing addresses,
telephone and facsimile numbers and e-mail addresses,
any change in the Officers' makeup or personal
information to be forwarded in a timely fashion
on an ongoing basis;
the
minutes of the Annual General Meeting; and
the
annual financial report of the Association.
12.
AMENDMENTS
This Constituency Association Constitution may be
amended only in accordance with "Part XXIII: Constitutional
Amendments" of the Constitution of the Freedom Party
of Canada.
13.
FISCAL YEAR
The fiscal year of the Association shall be a maximum
of a twelve (12) month period recommended by the
Board of Directors and approved by the Members at
a Meeting of the Association.
14.
BOUNDARY ADJUSTMENT
In the event of a legal change to the boundaries
of a Federal Electoral District, one person from
each Constituency Association so affected and one
person appointed by the National Executive shall
meet to decide the fair division of assets of the
affected Constituency Associations and the transfer
and coordination of Membership lists.
15.
DUTY TO UPHOLD
It shall be the duty of the Board of Directors to
uphold and enforce the provisions of this Constitution.
16.
REGULATIONS AND BYLAWS
The Constituency Association may pass regulations
and bylaws with respect to the operation of the
Association so as to not conflict with this Constitution
or the Constitution of the Freedom Party of Canada.
Copies of such regulations and bylaws must be kept
by the Secretary in the Constituency Association
files and copies thereof shall be sent to National
Office.
17.
LIABILITY
When acting within the scope of their authority,
no Director of a Constituency Association shall
be liable for any debts, actions, claims, demands,
liabilities or commitments of any kind made by the
Constituency Association. The Constituency Association
shall indemnify and hold harmless each such Director,
against any such debt, action, claim, demand, liability
or commitment.
SCHEDULE B
Attached
to and Forming Part of the Constitution of the Freedom
Party of Canada
PRESIDENTS'
ASSOCIATION CONSTITUTION
There are many Parts and sections within the Constitution
of the Freedom Party of Canada which relate to Presidents'
Associations and should be reviewed.
1.
NAME
The
name of the Association is the Presidents' Association
of the Freedom Party of Canada in the (province/territory)
of (name of province/territory).
2.
DEFINITIONS
In
this Constitution:
"Annual
General Meeting" means: a specific meeting
of a Presidents' Association at which the
Officers of the Presidents Association are
elected by the Members in attendance to
manage the affairs of the Presidents' Association
until the succeeding such meeting.
"Association"
means Presidents' Association of the Freedom
Party of Canada in (name of province/territory);
"Candidate"
means a member of the Association who is
seeking to be elected by the Association
to be the National Councillor for (name
of province/territory).
"Executive
Committee" means the committee by that name
established under "Article 8 Officers
and Executive Committee";
"Filing
Requirements" means those documents that
the FPC deem necessary to have been filed
prior to becoming a Candidate;
"FPC"
means Freedom Party of Canada;
"Member"
means the President of the Executive Committee
of each Constituency Association in (name
of province/territory), and all members
of the FPC who have served as President
of an Executive Committee of an FPC Constituency
Association in (name of the province/territory)
or who both are or have been a National
Councillor and regularly reside in (name
of the province/territory);
"Officer"
means: a Member holding the position of
National Councillor, Chair, First Vice-chair,
Second Vice-chair, Secretary, or Treasurer
of a Presidents' Association;
"Returning
Officer" means a Member approved by the
Officers of the Association to supervise
the selection of a National Councillor for
(name of province/territory) at a meeting
of the Constituency Association called for
that purpose and in accordance with "Article
9 Selection of the National Councillor"
herein.
3.
OBJECTIVES
The Objectives of the Presidents' Association are:
to
support and promote the Founding Principle,
Objectives and Policies of the FPC, and to maintain
an effective organization in (name of province/territory)
for that purpose;
to
protect the integrity of the Founding Principle
and Objectives of the FPC, and to safeguard
the requirement that all FPC Policies be consistent
with the Founding Principle and Objectives of
the FPC, by selecting, annually, a National
Councillor best suited for, and most earnestly
committed to, those purposes;
to
ensure compliance of Constituency Association
operations and personnel with the Constitution
of the Freedom Party of Canada, with the Constitutions
of the respective Constituency Associations,
and with directions set out by the National
Executive, and to train or otherwise assist
Constituency Associations in said compliance;
and
to
raise money and maintain a fund to support the
operations of the Association.
4.
MEMBERSHIP
Membership
in the Association is restricted to those members
of the FPC each of whom regularly reside in
(name of province/territory) and:
is or has been the President of the Executive
Committee of a recognized Constituency Association
in (name of province/territory); or
is
or has been a National Councillor.
Membership
in the Association shall be suspended while
a Member ceases to be ordinarily resident in
(name of province/territory).
Membership
shall be terminated:
if and when the Member's membership in the
FPC is terminated pursuant to "Part III:
Membership" of the Constitution of the Freedom
Party of Canada; or
in the case of a sitting President of the
Executive Committee of a Constituency Association,
if and when the person is removed from office
as President by the members of the Constituency
Association.
A
Member whose FPC membership dues are in arrears
by not more than sixty (60) days shall, upon
payment of the applicable fee, be considered
reinstated as a Member in good standing retroactive
to the expiry date of the FPC membership.
5.
VOTING
Only Members may vote on matters coming before
a general meeting of the Association. Motions
require a Simple Majority vote of persons present
and voting to pass. In the event of a tie vote,
the Chair shall cast the deciding vote.
All
Members shall be entitled to vote on the election
of Officers. All Members of the Association
shall be qualified to stand for election for
Officers.
Voting
on Officers shall be by secret vote.
Proxy
voting within the Association is not permitted.
6.
MEETINGS
Meetings
of the Association shall be convened by the
Executive Committee as required.
In
each twelve (12) month period, the Association
shall hold at least two (2) general meetings
of its Members per year.
The
National Executive may call a meeting of the
Association if it believes that it is necessary
to do so, with notice consistent with this Constitution.
Notice
of all meetings shall state the matters to be
dealt with at the meetings. No matters shall
be dealt with at a National Executive initiated
meeting until those stated in such request have
been dealt with.
A
quorum at meetings of the Association shall
be seven (7) Members, including not less than
two Officers, at least one of whom must be the
Chair, the First Vice-chair, or the Second Vice-chair.
Should a quorum not be present within one-half
(1/2) hour of the time called for a meeting,
that meeting shall be set over to the same time
and place one (1) week later, if possible.
Meetings
of the Association shall be held within (name
of the province/territory) unless the National
Executive gives the Executive Committee of the
Association permission to hold a given meeting
elsewhere.
The
Association shall in each calendar year, and
no later than fourteen (14) months from the
last Annual General Meeting, hold an Annual
General Meeting at which the following business
shall be conducted:
report
by the Executive Committee;
presentation
of financial statements;
election,
where applicable, of Officers;
other
business as required.
In the event of a federal election or by-election
falling within the allotted period, an Annual
General Meeting may be postponed for up to ninety
(90) days.
The
Executive Committee shall formulate all rules,
regulations and procedures to be followed at
all meetings that are consistent with this Constitution.
7.
OFFICERS AND EXECUTIVE COMMITTEE
The
day to day affairs of the Association shall,
subject to the provisions of the Constitution
of the Freedom Party of Canada, be managed and
directed by an Executive Committee, which shall
be comprised of the Chair, First Vice-Chair,
Second Vice-Chair, Secretary, and Treasurer.
The
Officers of the Association shall be elected
each year by the Membership of the Association
at the Annual General Meeting by means of the
Single Transferable Vote system set out in Schedule
"C" to the Constitution of the Freedom
Party of Canada.
The
Officers of the Association shall be:
a
Chair who shall prepare the agenda and preside
at all meetings of the Association and the
Executive Committee, who shall be an ex-officio
member of all committees formed by the Executive
Committee, and who shall ensure that all
communications sent to them by National
Office that pertain to specific Officers
shall be distributed within a timely matter;
a
First Vice-chair, who shall have such duties
as the Chair shall assign, and who shall
assume and perform the duties of the President
in the absence of the President;
a
Second Vice-chair, who shall have such duties
as the Chair shall assign, and who shall
assume and perform the duties of the President
in the absence of both the First Vice-chair
and the President;
a
Secretary who shall have custody of all
official Association records, documents
and all regulations of the Association,
other than financial, and who shall prepare
and maintain minutes of meetings of the
Association and of the Executive Committee,
call meetings upon the direction of the
Chair as laid out in this Constitution,
and perform other secretarial duties as
the Executive Committee may require;
a
Treasurer who shall administer the financial
affairs of the Association and keep or cause
to be kept all such books of account and
financial records as may be required to
properly reflect the financial affairs of
the Association.
An
Officer of the Association may be removed from
that position at a meeting of the Association
called for that purpose on approval of two-thirds
(2/3) of the Membership present and voting.
Upon
ceasing to hold office, Officers shall promptly
deliver to their successors or to the Chair
or Vice-chairs of the Association, all records,
materials and property in their possession,
which belong to the Association.
If
an Officer ceases to hold office, the Executive
Committee may appoint a Member to fill the position
for the unexpired term.
The
Executive Committee shall meet at the call of
the Chair or upon written request to the Secretary
of at least three (3) other Executive Committee
members, including at least one of the Chair
or a Vice-chair.
A
quorum of the Executive Committee is a majority
of its members.
Meetings
of the Executive Committee shall be held either
in person or simultaneous telephone attendance
or by a combination thereof.
All
actions of the Executive Committee shall be
recorded and the actions taken since the previous
meeting of the Membership shall be presented
for ratification to the next meeting of the
Membership.
8.
NATIONAL COUNCILLOR SELECTION
Not
less than 14 days before a Meeting in which
the Members are to select a National Councillor
for (name of province/territory), a Member seeking
to be the National Councillor for (name of province/territory)
shall present to the Secretary of the Association's
Executive Committee a candidacy paper signed
by not fewer than five (5) Members. The candidacy
paper shall be signed also by the Candidate,
indicating acceptance of the candidacy, unequivocal
agreement with and committment to the Founding
Principle and Objectives of the FPC, and an
unequivocal willingness to promote and support
the Policies of the FPC. Every Candidate must
be a Member.
The
time for registering as a Candidate shall close
at 5:00 p.m., fourteen (14) days prior to the
date of the meeting at which the National Councillor
shall be selected by the Members of the Association.
At
the meeting in which a National Councillor is
to be selected, a Returning Officer appointed
by the Executive Committee, shall:
supervise
the voting and vote counting;
declare
and announce the winner; and
after
giving every Member the opportunity to view
the ballots, destroy the ballots.
Before
the vote is taken, each Candidate shall be required
orally to provide to the Membership the Candidates
responses to the following three questions:
"Do
you unequivocally agree that every individual,
in the peaceful pursuit of personal fulfillment,
has an absolute right to his or her own
life, liberty and property?"
"Do
you unequivocally agree that the purpose
of government is to protect every individual's
rights of life, liberty and property?"
"Do
you solemnly promise and affirm that, if
elected National Councillor by this Association,
you will support and promote the Founding
Principle and Objectives of the Freedom
Party of Canada, and those Policies of the
Freedom Party of Canada that you reasonably
believe are consistent with the party's
Founding Principle and Objectives?
Candidates
who answer in the negative any of these three
questions shall proceed no further as Candidates
in the election, shall have their names struck
from the ballot before voting occurs, and shall
not be the National Councillor for (name of province/territory)
Before
the vote is taken, but after the three questions
set out in Article 8.4, each Candidate who is
not precluded by Article 8.4 from being the
National Councillor for (name of province/territory)
shall be given fifteen (15) minutes to address
the meeting, and shall do so. The time allotment
may be used by the Candidate and/or the Candidate's
introducer as the Candidate may choose.
The
selection of a National Councillor shall be
carried out by means of the Single Transferable
Voting system described in Schedule "C"
to the Constitution of the Freedom Party of
Canada.
On
the ballot, the Candidates shall be named in
alphabetical order of their respective surnames.
In
order to receive a ballot, a Member must establish
current membership in the Freedom Party of Canada,
as well as further identification as proof of
ordinary residence in (name of province/territory).
Ballots
shall be marked in secret by eligible voters.
In
the event that there is only one Candidate,
that person shall be the National Councillor,
provided that each Member present and voting
marks either "yes" or "no" opposite the name
on the ballot and that no more than fifty (50)
percent of the eligible voters cast negative
votes.
9.
NOTICES
Notice
of any meeting(s) of the Association, together
with notice of dates, times and locations of
meetings, and items to be dealt with thereat
shall be given by, or under the direction of
the Secretary to each Member of record by one
(1) or more of the following methods:
mailing
a copy of such notice to the Members
address of record;
personally
delivering a copy of such notice;
mailing
to the Members address of record a
copy of an Association Newsletter which
prominently displays such notice;
oral
communication to each Member; or
appropriate
telephonic and computer technology.
Notice
of Meetings of the Association shall be given
to all Members not fewer than fourteen (14)
days and not more than forty five (45) days
prior to the day on which any such meeting is
to be held.
10.
REPORTING
Copies
of the following shall be provided to National Office
by each Presidents' Association within thirty (30)
days of the holding of an Annual General Meeting:
the
names of the Officers with their mailing addresses,
telephone and facsimile numbers and e-mail addresses,
any change in the Officers' makeup or personal
information to be forwarded in a timely fashion
on an ongoing basis;
the
minutes of the Annual General Meeting; and
the
annual financial report of the Association.
11.
AMENDMENTS
This Presidents' Association Constitution may be
amended only in accordance with "Part XXIII: Constitutional
Amendments" of the Constitution of the Freedom Party
of Canada.
12.
FISCAL YEAR
The fiscal year of the Association shall be a maximum
of a twelve (12) month period recommended by the
Executive Committee and approved by the Members
at a Meeting of the Association.
13.
DUTY TO UPHOLD
It shall be the duty of the Executive Committee
to uphold and enforce the provisions of this Constitution.
14.
REGULATIONS AND BYLAWS
The Association may pass regulations and bylaws
with respect to the operation of the Association
so as to not conflict with this Constitution or
the Constitution of the Freedom Party of Canada.
Copies of such regulations and bylaws must be kept
by the Secretary in the Association files and copies
thereof shall be sent to National Office.
15.
LIABILITY
When acting within the scope of their authority,
no Officer of the Association shall be liable for
any debts, actions, claims, demands, liabilities
or commitments of any kind made by the Presidents'
Association. The Association shall indemnify and
hold harmless each such Officer, against any such
debt, action, claim, demand, liability or commitment.
SCHEDULE
C
Attached
to and Forming Part of the Constitution of the Freedom
Party of Canada
SINGLE
TRANSFERABLE VOTE PROCEDURE
Part I: Application
This
Schedule defines the procedure to be followed for
the following elections conducted within the Freedom
Party of Ontario:
Filling of vacancies on National
Executive when more than 1 vacancy exists;
Election of Officers by National
Executive;
Election of Leader by Members;
Election of National Councillors
by Presidents' Associations;
Election of Officers by Presidents'
Associations; and
Selection of Candidate by Constituency
Association Members
Part
2: Filling of Vacancies on National Executive
When More Than 1 Vacancy Exists
The election shall be conducted
using the Single Transferable Vote.
A member of the National Executive
who is not a candidate and is not related to a candidate
shall be appointed as returning officer to count
the votes.
Each candidate or their designate
may act as scrutineer.
Each voter shall have one ballot
and shall mark the digit 1 for his first preference,
2 for his second choice, and so on indicating one
or more preferences.
The returning officer shall count
the first preferences, giving each ballot the weight
of 100 votes, and determine the quota required for
election.
The quota shall be the total number
of ballots cast times 100 divided by the number
of vacancies plus one, plus one.
Any candidates who exceed the quota
shall be declared elected, and any surplus votes
for these candidates shall be distributed according
to the next available preference in descending order
of their size, each ballot being distributed with
a reduced weight equal to its proportionate share
of the surplus to be transferred. Ballots that do
not indicate a next available preference shall not
be distributed to any candidate.
If another candidate is elected
as a result of the distribution of next available
preferences, his surplus shall be dealt with after
all prior surpluses have been transferred.
After all existing surpluses have
been dealt with, the lowest candidate shall be eliminated
and his votes distributed among the other candidates
according to the next available preference, each
ballot being transferred at the value at which that
candidate received it. Ballots that do not indicate
a next available preference shall not be distributed
to any candidate.
If another candidate is elected
as a result of the distribution of next available
preferences, his surplus shall be dealt with before
any other candidates can be eliminated.
If two candidates are lowest and
have the same number of votes, the returning officer
shall determine whether they had unequal numbers
at an earlier count and eliminate the one who was
lower. If no such count exists he shall draw lots
to determine which shall be eliminated first.
The process of transferring surpluses
of elected candidates and eliminating the lowest
candidate shall continue until either the number
of candidates having a quota is equal to the number
of vacancies or until no further transfers are possible,
at which time the positions shall be filled.
Part 3: Election of Officers by National Executive
The election shall be conducted
using the Single Transferable Vote.
An member of the National Executive
who is not a candidate and is not related to a candidate
shall be appointed as returning officer to count
the votes.
Each candidate or their designate
may act as scrutineer.
Each office shall be filled using
a separate ballot, and each candidate shall declare
which office(s) he shall be a candidate for.
Each voter shall mark the digit
1 for his first preference, 2 for his second preference,
and so on indicating one or more preferences.
The returning officer shall count
the first preference votes and determine the quota
required for election, which shall be the total
number of votes cast divided by two, plus one.
Any candidate who exceeds the quota
shall be declared elected.
If no candidate has obtained the
quota the lowest shall be eliminated and his votes
distributed among the other candidates according
to the next available preference; ballots that do
not indicate such a preference shall not be distributed
to any candidate.
If two candidates are lowest and
have the same number of votes, the returning officer
shall determine whether they had unequal numbers
at an earlier count and eliminate the one who was
lower. If no such count exists he shall draw lots
to determine which shall be eliminated first. This
process shall continue until either one candidate
obtains the quota or no further transfers are possible,
at which time the position shall be filled.
Part
4: Election of Party Leader
The election shall be conducted
using the Single Transferable Vote.
A member of the National Executive
who is not a candidate and is not related to a candidate
shall be appointed as returning officer to count
the votes.
Each candidate or their designate
may act as scrutineer.
Each voter shall mark the digit
1 for his first preference, 2 for his second preference,
and so on indicating one or more preferences.
The returning officer shall count
the first preference votes and determine the quota
required for election, which shall be the total
number of votes cast divided by two, plus one.
Any candidate who exceeds the quota
shall be declared elected.
If no candidate has obtained the
quota the lowest shall be eliminated and his votes
distributed among the other candidates according
to the next available preference; ballots that do
not indicate such a preference shall not be distributed
to any candidate.
If two candidates are lowest and
have the same number of votes, the returning officer
shall determine whether they had unequal numbers
at an earlier count and eliminate the one who was
lower; if no such count exists he shall draw lots
to determine which shall be eliminated first. This
process shall continue until either one candidate
obtains the quota or no further transfers are possible,
at which time the position shall be filled.
Part 5: Election of National Councillors by Presidents'
Associations
The election shall be conducted
using the Single Transferable Vote.
An Officer of the Presidents' Association
who is not a candidate and is not related to a candidate
shall be appointed as returning officer to count
the votes.
Each candidate or their designate
may act as scrutineer.
Each voter shall mark the digit
1 for his first preference, 2 for his second preference,
and so on indicating one or more preferences.
The returning officer shall count
the first preference votes and determine the quota
required for election, which shall be the total
number of votes cast divided by two, plus one.
Any candidate who exceeds the quota
shall be declared elected.
If no candidate has obtained the
quota the lowest shall be eliminated and his votes
distributed among the other candidates according
to the next available preference; ballots that do
not indicate such a preference shall not be distributed
to any candidate.
If two candidates are lowest and
have the same number of votes, the returning officer
shall determine whether they had unequal numbers
at an earlier count and eliminate the one who was
lower. If no such count exists he shall draw lots
to determine which shall be eliminated first. This
process shall continue until either one candidate
obtains the quota or no further transfers are possible,
at which time the position shall be filled.
Part 6: Election of Officers by Presidents' Association
The election shall be conducted
using the Single Transferable Vote.
A member of the Presidents' Association
who is not a candidate and is not related to a candidate
shall be appointed as returning officer to count
the votes.
Each candidate or their designate
may act as scrutineer.
Each office shall be filled using
a separate ballot, and each candidate shall declare
which office(s) he shall be a candidate for.
Each voter shall mark the digit
1 for his first preference, 2 for his second preference,
and so on indicating one or more preferences.
The returning officer shall count
the first preference votes and determine the quota
required for election, which shall be the total
number of votes cast divided by two, plus one.
Any candidate who exceeds the quota
shall be declared elected.
If no candidate has obtained the
quota the lowest shall be eliminated and his votes
distributed among the other candidates according
to the next available preference; ballots that do
not indicate such a preference shall not be distributed
to any candidate.
If two candidates are lowest and
have the same number of votes, the returning officer
shall determine whether they had unequal numbers
at an earlier count and eliminate the one who was
lower. If no such count exists he shall draw lots
to determine which shall be eliminated first. This
process shall continue until either one candidate
obtains the quota or no further transfers are possible,
at which time the position shall be filled.
Part 7: Selection of Candidate by Constituency
Association Members
The election shall be conducted
using the Single Transferable Vote.
A member of the Constituency Association
Executive who is not a candidate and is not related
to a candidate shall be appointed as returning officer
to count the votes.
Each candidate or their designate
may act as scrutineer.
Each voter shall mark the digit
1 for his first preference, 2 for his second preference,
and so on indicating one or more preferences.
The returning officer shall count
the first preference votes and determine the quota
required for election, which shall be the total
number of votes cast divided by two, plus one.
Any candidate who exceeds the quota
shall be declared elected.
If no candidate has obtained the
quota, the lowest shall be eliminated and his votes
distributed among the other candidates according
to the next available preference; ballots that do
not indicate such a preference shall not be distributed
to any candidate.
If two candidates are lowest and
have the same number of votes, the returning officer
shall determine whether they had unequal numbers
at an earlier count and eliminate the one who was
lower. If no such count exists he shall draw lots
to determine which shall be eliminated first. This
process shall continue until either one candidate
obtains the quota or no further transfers are possible,
at which time the position shall be filled.