1. The name of the society is:
BC/Yukon Association of Drug War Survivors
2. The purposes of the society are:
a)To improve the quality of life for people who use illicit drugs;
3. WINDING UP OR DISSOLUTION
In the event of winding up and dissolution of the society, the funds of the society remaining after the satisfaction of its debts and liabilities shall be distributed among other organizations promoting the same purpose and which are duly qualified as charitable organizations by Revenue Canada according to a motion adopted by the majority of the society’s members at the time of winding up and dissolution. This provision is unalterable.
Part 1 – Interpretation
1. (1) In these bylaws, unless the context otherwise requires,
(2) The definitions in the Society Act if the date these bylaws become effective apply to these bylaws.
2. Words importing the singular include the plural and vice versa; and words importing a male person include a female person and a corporation.
Part 2 – Membership
3. (1) There shall be two types of membership;
4. A person may apply to the directors for membership in the society and on acceptance by The directors shall be a member.
5. Every member shall uphold the constitution and comply with these bylaws.
6. Membership dues if any shall be determined by the membership from time to time.
7. A person shall cease to be a member of the society
8. (1) A member may be expelled by a special resolution of the members passed at a general meeting.
9. All members are in good standing except a member who has failed to pay his current annual general membership fee or any other debt due and owing by him to the society and he is not in good standing so long as the debt remains unpaid.
Part 3 – Meetings of the Members
10. General meetings shall be held at the time and place, in accordance with the Society Act, that the directors decide.
11. Every general meeting other than an annual general meeting is an extraordinary general meeting.
12. Upon receipt of a written request from not less than 10% of the directors shall convene an extraordinary general meeting within 21 days of receiving such a request.
13. At least 14 days written notice of a general meeting shall be given to every member and in addition shall be publicly posted in all areas frequented by the members. The notice shall specify the place, day, and hour, as well as the reason for the meeting.
14. The first annual general meeting of the society shall be held not more than 15 months after the date of incorporation and after that an annual general meeting shall be held at least once in every calendar year and not more than 15 months after holding the last preceding annual general meeting.
15. The annual general meeting shall, as a minimum requirement, include the following points:
16. (1) No business, other than the election of a chairman and the adjournment or termination of the meeting shall be conducted at a general meeting at a time when a quorum is not present.
17. If within 30 minutes from the time appointed for a general meeting a quorum is not present, the meeting, if convened on the requisition of the members, shall be terminated, but in any other case, it shall stand adjourned to the same day in the next week, at the same time and place, and if at the adjourned meeting, a quorum is not present within 30 minutes from the time appointed for the meeting, the members present constitute a quorum, providing there is never less than 3 members present.
18. Subject to bylaw 19, the president, vice president, or in the absence of both, one of the other directors present shall preside as chairman of a general meeting.
19. If at a general meeting
20. (1) A general meeting may be adjourned from time to time and from place to place. No business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
21. (1) No resolution proposed at a meeting need be seconded and the chairman of a meeting may move or propose a resolution.
22. (1) A full member in good standing present at a meeting of members is entitled to one vote and a supporting member is entitled to voice but no vote.
23. A corporate supporting member, through its authorized representative is entitled to speak but not to vote, but in all other respects exercise the rights of a member, and that representative shall be reckoned as a supporting member for all purposes with respect to a meeting of the society.
Part 4 – Directors and Officers
2. (1) The directors may exercise all the powers and do all the acts and things that the society may exercise and do, and which are not by these bylaws or statutes or otherwise lawfully directed or required to be exercise or done by the society in general meeting, but subject, nevertheless, to
25. (1) The president, vice president, secretary, treasurer and one or more other persons shall be directors of the society.
26. (1) The directors shall retire from office at each annual general meeting when their successors shall be elected.
27. (1) The directors may at any time and from time to time appoint a member as a director to fill a vacancy in the directors.
28. (1) If a director resigns his office or otherwise ceases to hold office, the remaining directors shall appoint a member to take the place of the former director.
29. The members may by special resolution remove a director before the expiration of his term of office, and may elect a successor to complete the term of office.
30. No director shall be remunerated for being or acting as a director but a director shall be reimbursed for all expenses necessarily and reasonably incurred by him while engaged in the affairs of the society.
Part 5 – Proceedings of Directors
31. (1) The directors may meet together at the places they think fit to dispatch business, adjourn and otherwise regulate their meetings and proceedings, as they see fit.
32. (1) The directors may delegate any, but not all, of their powers to committees consisting of the directors or directors as they think fit.
33. A committee shall elect a chairman of its meetings; but if no chairman is elected, or if at a meeting the chairman is not present within 30 minutes after the time appointed for holding the meeting, the directors present who are members of the committee shall choose one of their members to be chairman of the meeting.
34. The members of a committee may meet and adjourn as they think proper.
35. For a first meeting of directors held immediately following the appointment or election of a director or directors at an annual general meeting of members, or for a meeting of the director at which a director is appointed to fill a vacancy in the directors, it is not necessary to give notice of the meeting to the newly elected or appointed director or directors for the meeting to be constituted, if a quorum of directors is present.
36. A director who may be absent temporarily from British Columbia may send or deliver to the address of the society a waiver of notice, which may be by letter, telegram, telex, or cable, of any meeting of the directors and may at any time withdraw the waiver, and until the waiver is withdrawn,
37. (1) Questions arising at a meeting of the directors and committee of directors shall be decided by a majority of votes.
38. No resolution proposed at a meeting of directors or committee of directors need be seconded and the chairman of a meeting may move or propose a resolution.
39. A resolution in writing, signed by all the directors and placed with the minutes of the directors is as valid and effective as if regularly passed at a meeting of directors.
Part 6 – Duties of Officers
40. (1) The president shall preside at all meeting of the society of the directors.
41. The vice-president shall carry out the duties of the president during his absence.
42. The secretary shall
43. The treasurer shall
44. (1) The offices of secretary and treasurer may be held by one person who shall be known as the secretary treasurer.
45. In the absence of the secretary from a meeting, the directors shall appoint another person to act as secretary at the meeting.
Part 7 – Seal
46. The directors may provide a common seal for the society and may destroy a seal and substitute a new seal in its place.
47. The common seal shall be affixed only when authorized by a resolution of the directors and then only in the presence of the persons prescribed in the resolution, or if no persons are prescribed, in the presence of the president and secretary or president and secretary treasurer.
Part 8 – Borrowing
48. In order to carry out the purpose of the society the directors may, on behalf of and in name of the society, raise or secure the payment or repayment of money in the manner they decide, and in particular but without limiting the foregoing, by the issue of debentures
49. No debenture shall be issued without the sanction of a special resolution.
50. The members may by special resolution restrict the borrowing powers of the directors, but a restriction imposed expires at the next annual general meeting.
Part 9 – Auditor
51. The first auditor shall be appointed by the directors who shall also fill all vacancies occurring in the office of auditor.
52. At each annual general meeting the society shall appoint an auditor to hold office until he is re-elected or his successor is elected at the next annual general meeting.
53. An auditor may be removed by ordinary resolution.
54. An auditor shall be promptly informed in writing of appointment or removal.
55. No director and no employee of the society shall be auditor.
56. The auditor may attend general meetings.
Part 10 – Notices to Members
57. A notice may be given to a member, either personally or by mail to him at his registered address.
58. In addition to the written notice, notices of all general meetings must be posted publicly in and in such a manner as to be reasonably seen by all members and in such areas as a majority of members may frequent.
59. A notice sent by mail shall be deemed to have been given on the second day following that on which the notice is posted and in proving that notice has been given it is sufficient to prove the notice was properly addressed and put in a Canadian post office receptacle.
60. (1) Notice of a general meeting shall be given to
Part 11 -Bylaws
61. On being admitted to membership, each member is entitled to and the society shall give him, without charge, a copy of the constitution and bylaws of the society.
62. These bylaws shall not be altered or added to except by special resolution.
Dated this 14th day of June, 2009.
THE BRITISH COLUMBIA / YUKON ASSOCIATION OF DRUG WAR SURVIVORS
Keith Smith-Surrey Chapter