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.. ...


CONSTITUTION

of the

FREEDOM PARTY OF CANADA


TABLE OF CONTENTS

Part I: Name, Principle, Policies, and Objectives


Party Name
Founding Principle; not amendable
Policies
Objectives

 

Part II: Definitions

 


Eligible persons
Applying for Membership
Conditions stated on application
Who may distribute applications
Who may receive completed applications
Members to forward applications and fees
Constituency Associations to forward applications and fees
Effective date of Membership
Pre-constitution Memberships; expiry
Termination of membership
Term of Membership
Late renewals without re-application
Who must be a Member
Party Membership list

 


Members organized by electoral district
Constituency Association constitutions
Recognition or Endorsement of Constituency Associations
Applying for Recognition or Endorsement of Constituency Associations
Continued recognition: maintaining Membership levels
Withdrawal of recognition
Management of Constituency Associations
Constituency Association Membership lists

Obtaining a Membership list
National Executive may call a meeting
List of recognized Constituency Associations

 


Recognition of Presidents' Associations
Members of Presidents' Associations
Presidents' Associations' constitutions
Withdrawal of recognition
Management of Presidents' Associations
Presidents' Association to elect National Councillor
Presidents' Association membership lists
National Executive may call a meeting

 


Who shall be National Councillors
Who shall not be National Councillors
Founders
Officers
Appointments by National Executive
Terms of office
Annual elections by Presidents' Associations
Removal of National Councillors
Federal elections: leaves of absence
Vacancies to be filled

 


Who shall be Officers
Transitional
Founders
Replacing Officers
Notice of election
Self-nomination by National Councillors
Quorum for election
Where one vacancy and one nominee
More than one vacancy: Single Transferable Vote
Commencement of term
Length of term
Notice of results
Initial Officers: terms of office
Offices on National Executive: election
Chief Operating Officer of the FPC
Notice of election results
Absenteeism
Removal of an Officer
Notice of meetings; ratification of emergency decisions
Quorum at regular meetings
Teleconferencing, etc.
In camera sessions
Leader to break tied vote
Recording of votes
Distribution of minutes

 


Members
Responsibilities
Sub-committees
Who may propose Policies
To whom Policy proposals are to be made
Policy proposals copied to National Executive
Priorities of proposed Policies
Policy proposals to be numbered
Reports to be published
Signatures; dissenting opinions
Deadlines set by a Leader who is an MP
Deadlines set by National Executive
Delivery of reports
Response to a report
Ordered list of policy proposals to be made available

 


Members
Responsibility
Meetings
To whom committee reports

 


Intent
Members

 


May be established by National Executive
All Members appointed by National Executive
Chairs to be National Councillors
To whom Committees report

 


Quorum
Chairs to make tie-breaking decisions


Policies determined by National Executive
Information considered; other advice
National Executive to vote on proposed Policies
Information to be considered
Quorum
Votes needed to adopt a Policy
Notice of vote outcome to MP who proposes a Policy

 


Written election platform limited to Policies
Platform determined by Leader
Leader to consider advice

 


Who is not to be nominated
Constituency Associations: right to nominate
Executive Committee to make initial determination of eligibility
Appeal with leave
National Executive may make finding of ineligibility
Ineligible persons not to be candidates for nomination
National Executive may nominate Members
Compressed timelines
Nomination may be nullified by National Executive
Nullification decision: procedure
Nomination and endorsement conditional upon affirmation
Selection of replacement nominee
Rules and procedures
Leader not to withhold endorsement

 


Overall direction of the FPC
Leader's Responsibilities

 


Leader's death, retirement or resignation
Where no caucus

 


No review during FPC government
Review Eligible Meetings
Where vote at Review Eligible Meeting is in the affirmative
Where National Executive has discretion to call Leadership election
Where National Executive has discretion to select a new Leader
Death, retirement or resignation of Leader

 


Date of voting
One member, one vote: equal weight of all votes
Who is eligible to vote
Rules and regulations for Leadership election
Who may seek the Leadership
Founders nominated upon notice as of right
Application for nomination
All required information to be supplied
Application requires signatures of five Members; notice to Members
Quantum of application fee
Application Cut-off Day
Pre-screening package to be sent to Members
Members' Statement form
How an applicant become a nominee
National Executive may deem applicant a nominee
Nominees to be interviewed by National Executive
Nullification of nominations
Remaining nominees to be Leadership candidates
Election via Single Transferable Vote
Manner of casting votes
Candidate campaign funding rules and spending limits

 


Member must be able to prove elibility to vote
One ballot per eligible Member
Single Transferable Vote ballots
Determination of Leader

 


Freedom Canada Fund
Constitution of Freedom Canada Fund
Limited liability of members of the National Executive; indemnification
Only Freedom Canada Fund may incur debt; indemnification by Member
Audited financial statements
Offer of remuneration to President; limit
Offer of remuneration to unelected Leader; limit

 


Locations determined by National Executive

 


Who may propose amendments
To whom amendment proposals presented
Founding Principle and its regulation of Policies not amendable
Amendments to the amending formula
When proposed amendments to be considered
Notice to all members of the National Executive

 


Constitution to rule FPC
Enforcement of and obedience to Constitution
Interpretation of Constitution
Matters not covered


Nominees, candidates may appoint scrutineers

 


Manner of effecting notice
Notice to FPC, National Executive
Notice to Members
Notice to Outstanding Associations
Deemed Notice

 

 

 

 

 

 

 

PART I: NAME, PRINCIPLE, POLICIES, AND OBJECTIVES

Party name

  1. In English, the name of the Party shall be "Freedom Party of Canada", hereinafter referred to as the "FPC".

  2. In French, the name of the Party shall be "Parti de la Liberté du Canada", hereinafter referred to as the "FPC".


Founding Principle; not amendable

  1. 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".

  2. 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

  1. The policies of the FPC (hereinafter referred to as "Policies") are those determined in the manner set out in "PART XIII: POLICIES".


Objectives

  1. The objectives of the FPC (hereinafter referred to as the "Objectives") are:

    1. to encourage voters to vote for FPC candidates in federal elections and by-elections;

    2. 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.

    3. to build an organization of people who will work toward the achievement of Objectives (a) and (b).

 

PART II: DEFINITIONS

  1. In this Constitution,
  1. "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.

    "Candidate" means: a Member having been chosen pursuant to "Part XV: Candidate Recruitment, Selection and Development", and having the endorsement of the Leader, to represent the FPC in a federal election or by-election;

    "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

  1. 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

  1. 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

  1. The conditions for Membership established within this Part shall be clearly stated on the Application for Membership.


Who may distribute applications

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. Membership in the FPC shall be terminated without refund in the following cases:
  1. failure by the Member to pay the applicable fee as set out in section 9;

  2. resignation by the Member submitted in writing to the Secretary of the National Executive;

  3. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. The group of individuals herein referred to as the "National Council", shall consist of the following Members:
    1. the Leader of the FPC;

    2. the Founders;

    3. the Chairman of Freedom Canada Fund, who shall be appointed by the National Executive;

    4. for each Province and Territory having a Presidents' Association, the National Councillor elected by the Presidents' Association;

    5. 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

  1. The following persons shall not be National Councillors:
  1. persons who are not Members;

  2. Members who, in the opinion of the National Executive, do not unequivocally agree with and support the FPC's Founding Principle;

  3. members of Parliament, except for the Leader of the FPC;

  4. senators;

  5. employees or contractors of the FPC;

  6. employees of members of Parliament.


Founders

  1. 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

  1. 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

  1. The National Executive may appoint Members to be National Councillors.
  1. The timing of a vote by the National Executive to appoint said Member(s) shall be in the sole discretion of the National Executive.

  2. 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.

  3. 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

  1. 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

  1. 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

  1. 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

  1. 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:

    1. their conduct is judged improper or unbecoming, or likely to adversely affect the interest or reputation of National Council or the FPC; or

    2. 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

  1. 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.
  1. Subject to subsection 53(b), the National Executive of the Freedom Party of Canada shall consist of the following eight (8) members:

    1. the Leader of the FPC;

    2. subject to section 55, the Founders; and

    3. 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).
  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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.

  2. 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

  1. 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

  1. 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

  1. 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

  1. 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:

    1. one (1) year prior to the date of the adoption of this Constitution;

    2. two (2) years prior to the date of the adoption of this Constitution;

    3. three (3) years prior to the date of the adoption of this Constitution;

    4. four (4) years prior to the date of the adoption of this Constitution; and

    5. five (5) years prior to the date of the adoption of this Constitution.


Offices on National Executive: election

  1. 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

  1. The President of the National Executive shall be the Chief Operating Officer of the FPC.


Notice of election results

  1. 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

  1. 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

  1. 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.

  2. 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

  1. 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

  1. 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.

  1. 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

  1. 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

  1. 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

  1. 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:

    1. "In favour";

    2. "Against";

    3. "Abstained";

    4. "Absent";

     

There will be two exceptions to this:
  1. 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

  2. where the motion was made in an in camera meeting.


Distribution of minutes

  1. 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

  1. There shall be a National Policy Research Committee that shall consist of the following:

    1. the chair appointed by the National Executive;

    2. 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

    3. 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

  1. 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

  1. 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

  1. A proposed amendment to the Policies of the FPC may made by:

    1. the Leader;

    2. the National Executive; or

    3. any FPC Member of Parliament.


To whom Policy proposals are to be made

  1. 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

  1. 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

  1. 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

  1. 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

  1. After it has researched a proposed Policy, the National Policy Research Committee shall publish a succinct report:

    1. 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

    2. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. There shall be a National Platform Committee that shall consist of the following members:

    1. the chair of the National Platform Committee, appointed by the Leader;

    2. the Leader;

    3. the President of the National Executive;

    4. the Founders;

    5. the chair of the National Policy Development Committee; and

    6. such other persons as may be appointed by the Leader.


Responsibility

  1. 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

  1. 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

  1. The National Platform Committee shall report to the National Executive and to the Leader.


PART X: LIAISON COMMITTEE


Intent

  1. The intent of the Liaison Committee is to ensure a close and harmonious working relationship between the FPC’s National Executive and the Parliamentary Caucus.


Members

  1. The National Executive, in conjunction with the Parliamentary Caucus, will create a Liaison Committee with equal representation from both organizations.

  2. 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

  1. 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

  1. All members of each National Committee established under this Part shall be appointed by the National Executive.


Chairs must be National Councillors

  1. The National Executive shall appoint, from among the National Councillors, the chair of each National Committee established under this Part.


To whom committees report

  1. Each National Committee established under this Part shall be accountable to and report to the National Executive.


PART XII: COMMITTEES, GENERALLY

Quorum

  1. 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

  1. 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

  1. The Policies of the FPC shall be determined by the National Executive.


Information considered; other advice

  1. 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

  1. 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

  1. 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

  1. 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:

    1. to make the proposed Policy a Policy of the FPC;

    2. to make an amended version of the proposed Policy a Policy of the FPC; or

    3. to reject the proposed Policy.


Votes needed to adopt a Policy

  1. A Policy proposal, or an amended version of a Policy proposal shall be adopted only if:

    1. a Special Majority of all members of the National Executive agree that it is consistent with the Founding Principle; and

    2. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. No person is eligible to be nominated to represent the FPC as a candidate in a federal election or by-election:

    1. who is not a Member;

    2. who does not unequivocally agree with the Objectives of the Party;

    3. who will not, in the House of Commons or in government, support and defend all Policies of the FPC; or

    4. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. The Leader:

    1. is responsible for the organization and administration of the Parliamentary Caucus;

    2. together with Caucus, will endeavour to promote and implement the Founding Principle and Policies of the FPC;

    3. shall set the strategic direction for the FPC, in consultation with National Executive and Parliamentary Caucus; and

    4. will carry out these duties in accordance with this Constitution.

 

PART XVII: THE INTERIM LEADER

Leader's death, retirement or resignation

  1. 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

  1. If there is no Caucus, then the National Executive shall select the interim Leader.

 

PART XVIII: LEADERSHIP REVIEW

No review during FPC government

  1. There shall be no Leadership review while the FPC forms the Government of Canada.


Review Eligible Meetings

  1. At the first general meeting of the FPC following a federal general election in which:

    1. 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

    2. 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

  1. 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

  1. If, in a federal general election:

    1. 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

    2. 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

  1. If, in a federal general election, no FPC candidates were elected to Parliament, or if:

    1. 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

    2. 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

  1. 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:

    1. 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

    2. 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

  1. 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

  1. 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

  1. 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

  1. The National Executive shall make rules and regulations for the Leadership election, and shall appoint;

    1. 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;

    2. a Chief Election Officer, who shall be a National Councillor; and

    3. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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:

    1. 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

    2. a Member's Statement form.


Member's Statement form

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. Each eligible Member shall be permitted to submit only one ballot.


Single Transferable Vote ballots

  1. 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

  1. 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

  1. 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

  1. Freedom Canada Fund shall consist of the following Members:
  1. a Chair, appointed by the National Executive;

  2. its Directors shall be elected by National Executive from amongst the the members of the National Council; and

  3. Individuals who are Members appointed by the National Executive.


Limited liability of members of the National Executive; indemnification

  1. 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

  1. 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

  1. Annual audited financial statements of Freedom Canada Fund shall be automatically made available to each Constituency Association.


Offer of remuneration to President; limit

  1. 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

  1. 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

  1. 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

  1. Only National Councillors may propose amendments to this Constitution.


To whom amendment proposals presented

  1. A proposed amendment shall be presented to the Secretary of the FPC.


Founding Principle and its regulation of Policies not amendable

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. The Leader and the National Executive shall uphold and enforce the provisions of this Constitution.


Interpretation of Constitution

  1. 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

  1. 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

  1. 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

  1. 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:

    1. 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;

    2. by facsimile, appropriate telephonic or computer technology, effective on the date of transmission;

    3. by personal delivery, effective on the date of delivery to the recipient;

    4. by bulk mail, effective five (5) days after the date of delivery to the post office; and,

    5. by courier, effective one (1) day after the date of delivery to the courier.


Notice to FPC, National Executive

  1. 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

  1. 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

  1. Notices to Constituency Associations shall be addressed to the Association’s President, Secretary or other Executive Officer designated by the Association, in writing, to the National Office of the FPC.


Deemed notice

  1. 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

  1. In this Constitution:
  1. "Annual term" means the period of time between two consecutive Annual General Meetings;
  2. "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.
  3. "Association" means Freedom Party of Canada (insert name of Constituency) Constituency Association;
  4. "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;
  5. "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.
  6. "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;
  7. "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.
  8. "Executive Committee" means the committee by that name established under "Article 8 – Officers and Executive Committee"; 
  9. "Filing Requirements" means those documents that the FPC deem necessary to have been filed prior to becoming a declared nominee;
  10. "FPC" means Freedom Party of Canada;
  11. "Member" means a member of the Freedom Party of Canada who ordinarily resides in the Federal Electoral District of the Association;
  12. "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;
  13. "Officer" means: a Member holding the position of President, Vice-president, Secretary, or Treasurer of a Constituency Association;
  14. "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:

  1. to support and promote the Objectives and Policies of the FPC, and to maintain an effective Constituency organization for that purpose;

  2. to choose a Nominee, in the manner set out in "Article 9 - Nominee Selection", for each federal election and by-election;

  3. to assist and promote the election to the House of Commons of Endorsed Nominees;

  4. to raise money and maintain a fund to support the Association and to assist Endorsed Nominees in federal elections and by-elections;

  5. to recruit membership to carry out the Objectives of the FPC and the Association.

4. MEMBERSHIP

  1. 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.

  2. 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.

  3. 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.

  4. 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

  1. 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.

  2. 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.

  3. 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.

  4. Voting on matters set out in Article 5.2 and 5.3, shall be by secret vote.

  5. 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.

  6. Proxy voting within the FPC is not permitted.

6. MEETINGS

  1. Meetings of the Association shall be convened by the Executive Committee as required.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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:
  1. report by the Board of Directors;

  2. presentation of financial statements;

  3. election of Directors and, where applicable, Officers;

  4. 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.

  1. 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

  1. 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.

  2. 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.

  3. Directors shall be elected at the Annual General Meeting from the Members.

  4. The Board of Directors shall be comprised of:
  1. the Directors; and

  2. 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.
  1. 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.

  2. The total number of elected Directors shall not exceed thirty (30).

  3. 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.

  4. The term of office of the Directors is one (1) annual term.

  5. If a Director ceases to hold office, the Board may appoint a replacement Director from the Membership.

  6. 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.

  7. 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.

  8. The Board of Directors may remove a Director who has missed four (4) consecutive regularly scheduled Board meetings without reasonable explanation.

  9. 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.

  10. 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.

  11. The Board of Directors shall appoint such committees as are required for the efficient operation of the Association.

  12. A quorum of the Board of Directors is the greater of forty (40) percent or six (6) Members.

8. OFFICERS AND EXECUTIVE COMMITTEE

  1. 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.

  2. 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.

  3. The Officers of the Association shall be:
  1. 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;

  2. 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;

  3. 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;

  4. 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.
  1. 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.

  2. 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.

  3. 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.

  4. If an Officer ceases to hold office, the Board of Directors may appoint a Director to fill the position for the unexpired term.

  5. 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.

  6. A quorum of the Executive Committee is a majority of its members.

  7. Meetings of the Executive Committee shall be held either in person or simultaneous telephone attendance or by a combination thereof.

  8. 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

  1. 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.
     
  2. The Nomination Committee shall:
  1. organize and administer a Candidate recruitment, and nomination;

  2. conduct a thorough search to find the best available persons to be Candidates, in accordance with FPC guidelines;

  3. require the calling of a general meeting of the Association for the purpose selecting a Nominee ("the Nomination Meeting,"); and

  4. provide opportunities for the dissemination or publication of the platform and priorities of all Candidates.
  1. 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.

  2. 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.

  3. 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.

  4. 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:
  1. declare the start of the official campaigning period for Candidates;

  2. release a copy of the Association's Membership list to each Candidate who has met the Filing Requirements; and has been interviewed and accepted by the Nomination Committee as a potential Nominee.

  3. provide opportunities for all Candidates to state their platforms and promote their Nomination.
  1. 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.

  2. 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 FPC’s 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.

  3. 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.
  1. At the Nomination Meeting, a Returning Officer approved by the FPC, shall:
  1. supervise the voting and vote counting;

  2. declare and announce the winner; and

  3. if so directed by the meeting, destroy the ballots.
  1. 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.

  2. 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.

  3. On the ballot, the Candidates shall be named in alphabetical order of their respective surnames.

  4. 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.

  5. Ballots shall be marked in secret by eligible voters.

  6. 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.
  1. 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.

  2. 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.

  3. 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.

  4. 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

  1. 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:
  1. mailing a copy of such notice to the Member’s address of record;

  2. personally delivering a copy of such notice;

  3. mailing to the Member’s address of record a copy of a Constituency Newsletter which prominently displays such notice;

  4. oral communication to each Member; or

  5. appropriate telephonic and computer technology.
  1. 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.

  2. 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.

  3. 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:

  1. 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;

  2. the minutes of the Annual General Meeting; and

  3. 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

  1. In this Constitution:
  1. "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.
  2. "Association" means Presidents' Association of the Freedom Party of Canada in (name of province/territory);
  3. "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).
  4. "Executive Committee" means the committee by that name established under "Article 8 – Officers and Executive Committee"; 
  5. "Filing Requirements" means those documents that the FPC deem necessary to have been filed prior to becoming a Candidate;
  6. "FPC" means Freedom Party of Canada;
  7. "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);
  8. "Officer" means: a Member holding the position of National Councillor, Chair, First Vice-chair, Second Vice-chair, Secretary, or Treasurer of a Presidents' Association;
  9. "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:

  1. 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;

  2. 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;

  3. 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

  4. to raise money and maintain a fund to support the operations of the Association.

4. MEMBERSHIP

  1. Membership in the Association is restricted to those members of the FPC each of whom regularly reside in (name of province/territory) and:

    1. is or has been the President of the Executive Committee of a recognized Constituency Association in (name of province/territory); or

    2. is or has been a National Councillor.

  2. Membership in the Association shall be suspended while a Member ceases to be ordinarily resident in (name of province/territory).

  3. Membership shall be terminated:

    1. 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

    2. 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.

  4. 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

  1. 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.

  2. 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.

  3. Voting on Officers shall be by secret vote.

  4. Proxy voting within the Association is not permitted.

6. MEETINGS

  1. Meetings of the Association shall be convened by the Executive Committee as required.

  2. In each twelve (12) month period, the Association shall hold at least two (2) general meetings of its Members per year.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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:
  1. report by the Executive Committee;

  2. presentation of financial statements;

  3. election, where applicable, of Officers;

  4. 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.

  1. 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

  1. 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.

  2. 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.

  3. The Officers of the Association shall be:
  1. 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;

  2. 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;

  3. 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;

  4. 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;

  5. 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.
  1. 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.

  2. 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.

  3. If an Officer ceases to hold office, the Executive Committee may appoint a Member to fill the position for the unexpired term.

  4. 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.

  5. A quorum of the Executive Committee is a majority of its members.

  6. Meetings of the Executive Committee shall be held either in person or simultaneous telephone attendance or by a combination thereof.

  7. 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 

  1. 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.

  2. 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.

  3. At the meeting in which a National Councillor is to be selected, a Returning Officer appointed by the Executive Committee, shall:
  1. supervise the voting and vote counting;

  2. declare and announce the winner; and

  3. after giving every Member the opportunity to view the ballots, destroy the ballots.
  1. Before the vote is taken, each Candidate shall be required orally to provide to the Membership the Candidates responses to the following three questions:
    1. "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?"

    2. "Do you unequivocally agree that the purpose of government is to protect every individual's rights of life, liberty and property?"

    3. "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)

  1. 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.

  2. 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.

  3. On the ballot, the Candidates shall be named in alphabetical order of their respective surnames.

  4. 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).

  5. Ballots shall be marked in secret by eligible voters.

  6. 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

  1. 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:
  1. mailing a copy of such notice to the Member’s address of record;

  2. personally delivering a copy of such notice;

  3. mailing to the Member’s address of record a copy of an Association Newsletter which prominently displays such notice;

  4. oral communication to each Member; or

  5. appropriate telephonic and computer technology.
  1. 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:

  1. 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;

  2. the minutes of the Annual General Meeting; and

  3. 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

  1. This Schedule defines the procedure to be followed for the following elections conducted within the Freedom Party of Ontario:

    1. Filling of vacancies on National Executive when more than 1 vacancy exists;

    2. Election of Officers by National Executive;

    3. Election of Leader by Members;

    4. Election of National Councillors by Presidents' Associations;

    5. Election of Officers by Presidents' Associations; and

    6. Selection of Candidate by Constituency Association Members

Part 2: Filling of Vacancies on National Executive
When More Than 1 Vacancy Exists

  1. The election shall be conducted using the Single Transferable Vote.

  2. 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.

  3. Each candidate or their designate may act as scrutineer.

  4. 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.

  5. The returning officer shall count the first preferences, giving each ballot the weight of 100 votes, and determine the quota required for election.

  6. The quota shall be the total number of ballots cast times 100 divided by the number of vacancies plus one, plus one.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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

  1. The election shall be conducted using the Single Transferable Vote.

  2. 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.

  3. Each candidate or their designate may act as scrutineer.

  4. Each office shall be filled using a separate ballot, and each candidate shall declare which office(s) he shall be a candidate for.

  5. Each voter shall mark the digit 1 for his first preference, 2 for his second preference, and so on indicating one or more preferences.

  6. 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.

  7. Any candidate who exceeds the quota shall be declared elected.

  8. 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.

  9. 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

  1. The election shall be conducted using the Single Transferable Vote.

  2. 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.

  3. Each candidate or their designate may act as scrutineer.

  4. Each voter shall mark the digit 1 for his first preference, 2 for his second preference, and so on indicating one or more preferences.

  5. 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.

  6. Any candidate who exceeds the quota shall be declared elected.

  7. 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.

  8. 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

  1. The election shall be conducted using the Single Transferable Vote.

  2. 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.

  3. Each candidate or their designate may act as scrutineer.

  4. Each voter shall mark the digit 1 for his first preference, 2 for his second preference, and so on indicating one or more preferences.

  5. 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.

  6. Any candidate who exceeds the quota shall be declared elected.

  7. 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.

  8. 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

  1. The election shall be conducted using the Single Transferable Vote.

  2. 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.

  3. Each candidate or their designate may act as scrutineer.

  4. Each office shall be filled using a separate ballot, and each candidate shall declare which office(s) he shall be a candidate for.

  5. Each voter shall mark the digit 1 for his first preference, 2 for his second preference, and so on indicating one or more preferences.

  6. 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.

  7. Any candidate who exceeds the quota shall be declared elected.

  8. 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.

  9. 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

  1. The election shall be conducted using the Single Transferable Vote.

  2. 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.

  3. Each candidate or their designate may act as scrutineer.

  4. Each voter shall mark the digit 1 for his first preference, 2 for his second preference, and so on indicating one or more preferences.

  5. 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.

  6. Any candidate who exceeds the quota shall be declared elected.

  7. 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.

  8. 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.

 

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