Proposed Revisions to the Bylaws

By   15 Apr, 2017

PROPOSED REVISIONS TO THE BYLAWS OF THE CAAA

Current Bylaws

Proposed Change

Rationale

None

Article 1.2 Definitions
(i) “Educational Affiliate” means a person who is affiliated or associated, by employment, volunteering, or in any other way with an educational program /institute which provides training for acupuncture and/or TCM;
(s) “TCM” means traditional Chinese medicine; and

Educational Affiliate was added to the definitions for use in the council members qualification criteria.
TCM is referred to throughout the Bylaws but was previously not defined.

Article 5.1 Annual General Meeting
5.1.1 The College shall hold an Annual General Meeting of its Registered Members once during each calendar year at such time and place as Council may determine to:

  1.         Receive the audited financial statements of the College;
  2.         Receive the Annual Report of the College and the reports of the College’s Committees;
  3.         Receive the written report by the Council concerning the activities of the College, since the last Annual General Meeting;
  4.        Conduct elections for membership in the Council; and
  5.         Transact other business as may be properly conducted.

Article 5.1 Annual General Meeting
5.1.1 The College shall hold an Annual General Meeting of its Registered Members once during each calendar year at such time and place as Council may determine to:
(a) Receive the audited financial statements of the College;
(b)  Receive the Annual Report of the College;
(c) Receive the written reports  by the Council, Committees and the Registrar concerning the activities of the College, since the last Annual General Meeting, and discuss about its future plans;
(d) Conduct elections for membership in the Council; and
(e)   Transact other business as may be properly conducted.

Changes made to clarify the nature of the discussions and reports to be brought up at the AGM.

Article 6.1 Composition and Duties of the Council
6.1.1    The council shall consist

  1.         Not less than six (6) and not more than nine (9) Registered Members, including a President and a Vice-President; and

(b)  Two (2) Public Members appointed by the Lieutenant Governor-in-Council pursuant to the Act and the Regulation.

Article 6.1 Composition and Duties of the Council
6.1.1    The council shall consist
(a) Not less than six (6) and not more than nine (9) Registered Members, including a President and a Vice-President, and a Treasurer; and
(b)  Two (2) Public Members appointed by the Lieutenant Governor-in-Council pursuant to the Act and the Regulation.

Article 6.3 Nominations
Nominations for Registered Members of Council may only be made for Registered Members in good standing by Registered Members in good standing and must be received before the commencement of the vote for Council Members at an Annual General Meeting and must have the consent of the nominated Registered Member to stand for election.

Article 6.3 Nominations
6.3.1 Nominations for Registered Members of Council may only be made for Registered Members in good standing by Registered Members in good standing and all nominations must be received before the commencement of the vote for Council Members at an Annual General Meeting and must have the consent of the nominated Registered Member to stand for election.

Clarified language to reflect that Registered Members may nominate individuals for election at the AGM.

Addition

6.3.2 To be nominated for election to the Council, a Registered Member:
(a) Must be a Registered Member in good standing with the College;
 (b) Must have been a resident of the Province of Alberta for a minimum of one (1) year immediately preceding nomination;
(c) Must not be or have been  an immediate family member of a founder, principal, owner, director, dean, executive officer, manager, signing authority, shareholder, administrator, or management staff of an Alberta educational program/institute providing education in TCM/Acupuncture for the two (2) years immediately preceding nomination;
(d)  no more than one Registered Member who is associated or affiliated in any way with an educational program/institute may be elected to serve on Council;
 (e) Must not be on the Board of Directors or in any other executive position with an professional  organization which advocates on behalf of or otherwise is associated with TCM/Acupuncture profession
 (f)  Must not be the subject of any ongoing formal investigation by the College or professional legal dispute; nor have been the subject to disciplinary measures as the result of a formal investigation by the College in the five (5) years immediately preceding the time of their nomination;
(g) Must not have been convicted of a criminal offence in the five (5) years immediately preceding the time of their nomination;
(h) Must have been engaged in full-time practice in the TCM/Acupuncture profession as a Registered Member in the year immediately preceding nomination;and
(i)  Must not be a current Member Services Committee appointee.

New criteria were added for prospective council members. These criteria reflect general best practices designed to protect the public interest by minimizing the potential for Conflict of Interest and to optimize the effective function of the CAAA. This addition is also reflective of concerns raised by membership and students.
Final determination of eligibility for election will be determined by the Nomination and Election Committee taking into account the goals of avoiding actual, potential, or the appearance of conflicts of interest.

Article  6.4 Elections
All elections for Registered Members of Council shall be by secret ballot and shall be by simple majority vote, provided that in the event of a tie vote such vote shall be re-taken.

Article  6.4 Elections
All elections for Registered Members of Council shall be by secret ballot and elections shall be by simple majority vote, provided that in the event of a tie vote such vote shall be re-taken as between the nominees with the same number of votes. Educational Affiliates shall be deemed to be running for the same Council position with the Educational Affiliate who receives the highest number of votes being elected to Council.

Revised language adds some clarification to the election criteria and also provides for direction in a tie scenario. Language also deals with the new Educational Affiliate criteria for council members and the mechanism through which the one Educational Affiliate will be chosen.

Article  6.5 Deemed Election
If the number of Registered Member nominees for election to Council is less than or equal to the maximum number of vacant Registered Member positions on Council, then all such nominees are deemed to be elected by acclamation, and without the necessity of conducting a vote.

Article  6.5 Deemed Election
If the number of Registered Member nominees for election to Council is less than or equal to the maximum number of vacant Registered Member positions on Council, then all such nominees are deemed to be elected by acclamation, and without the necessity of conducting a vote. In the case where there is more than one Educational Affiliate who has been nominated for election to Council,  a vote will be held in accordance with Article 6.4 to determine which Educational Affiliate will be elected to serve on Council.

Changes made to institute the new Educational Affiliate criteria.

Article 6.7  Deemed Vacancy
6.7.1 A Registered Member of Council shall be deemed to have vacated the office of Council Member if:(a) The Registered Member of Council is insolvent or declares bankruptcy;
(b) The Registered Member of Council becomes incapacitated or dies;
(c) The Registered Member of Council’s conduct is found to constitute unskilled practice or professional misconduct under Part 4 or Part 5 of the Act, or
(d) The Registered Member of Council resigns in Writing.

Article 6.7  Deemed Vacancy
6.7.1 A Registered Member of Council shall be deemed to have vacated the office of Council Member if:
(a) The Registered Member of Council is insolvent or declares bankruptcy;
(b) The Registered Member of Council becomes incapacitated or dies;
(c) The Registered Member of Council’s conduct is found to constitute unskilled practice or professional misconduct under Part 4 or Part 5 of the Act;
(d) The Registered Member of Council resigns in Writing;
 (e) Except with respect to those Registered Members currently serving on Council at the time of enactment of these Bylaws, if a Registered Member on Council would no longer meet the nomination criteria provided for in section 6.3.2;

Addition made to reflect the fact that a council member may no longer satisfy the election criteria after being elected.