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such recognition has not been withdrawn according to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