bc liberal party constitution

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The British Columbia Liberal Party

Constitution, Party Bylaws and Riding Association Bylaws

2007 edition

CONTENTS

CONTENTS ................................................................................................................................... i PART 1 THE PARTY ................................................................................................................1

Chapter 1 Founding Provisions .............................................................................................1 1 Establishment and name ......................................................................................................1 2 Purposes and principles ........................................................................................................1 3 Scope ....................................................................................................................................3 4 Authority of the Constitution ...............................................................................................3

PART 2 PARTY STRUCTURES ..............................................................................................4 Chapter 2 Membership...........................................................................................................4

5 Qualification for membership ..............................................................................................4 6 Classes of membership ........................................................................................................4 7 Application and acceptance .................................................................................................4 8 Membership fees ..................................................................................................................5 9 Good standing ......................................................................................................................5 10 Term of membership and renewal ...................................................................................5 11 Expiry of membership ......................................................................................................6 12 Rights of members ...........................................................................................................6 13 Bylaws ..............................................................................................................................7

Chapter 3 Riding Associations...............................................................................................8 14 Establishment ...................................................................................................................8 14.1 Redistribution ...................................................................................................................8 15 Membership in a Riding Association ...............................................................................9 16 Meetings of a Riding Association ..................................................................................10 17 Riding Association Executive ........................................................................................11 18 Qualification of Riding Association Executive .............................................................12 19 Responsibilities and powers of Executive .....................................................................12 20 Meetings of a Riding Association Executive .................................................................13 21 .............................................................................14 22 Committees of a Riding Association .............................................................................16 23 Bylaws of a Riding Association .....................................................................................17 24 Finances and property of a Riding Association .............................................................18

Chapter 4 Commissions ........................................................................................................18 25 Recognition ....................................................................................................................18 26 Rights .............................................................................................................................19 27 Commission membership ..............................................................................................20 28 Finances and property of a Commission ........................................................................20

Chapter 5 Provincial Council ..............................................................................................20 29 Composition of the Provincial Council .........................................................................20 30 Responsibilities and powers ...........................................................................................21 31 Officers of the Provincial Council .................................................................................22 32 Meetings of the Provincial Council ...............................................................................23 33 Committees of the Provincial Council ...........................................................................24 34 Bylaws of the Provincial Council ..................................................................................24

Chapter 6 Party Executive ...................................................................................................25 35 Composition of the Party Executive ..............................................................................25 36 Responsibilities and powers ...........................................................................................27 37 Responsibilities and powers of members .......................................................................29 38 Responsibilities of Table Officers .................................................................................30

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39 Meetings of the Party Executive ....................................................................................32 40 Party Bylaws ..................................................................................................................32

Chapter 7 Committees ..........................................................................................................33 41 Standing Committees of the Party .................................................................................33 42 Creation of new committees ..........................................................................................34 43 Conduct of committee business .....................................................................................34 44 Party Nominations Committee .......................................................................................35 45 Provincial Election Readiness Committee .....................................................................35 46 Party Finance and Fundraising Committee ....................................................................36

Chapter 8 Other Party Offices.............................................................................................37 47 Party Financial Agent .....................................................................................................37 48 Party Registrar of Bylaws ..............................................................................................37

Chapter 9 Appeals Board .....................................................................................................38 49 Composition of the Appeals Board ................................................................................38 50 Chair and deputy chair ...................................................................................................38 51 Right and form of appeal ...............................................................................................38 51.1 Powers, duties and procedures .......................................................................................40 52 Bylaws of the Appeals Board .........................................................................................41

PART 3 POLITICAL OFFICES .............................................................................................42 Chapter 10 Leader ................................................................................................................42

53 Establishment and role ...................................................................................................42 54 Responsibilities and powers of the Leader ....................................................................42

Chapter 11 Candidates .........................................................................................................42 55 Candidate questionnaire .................................................................................................42 56 Eligibility .......................................................................................................................43 57 Leader endorsement .......................................................................................................44 58 Candidate designation ....................................................................................................44

Chapter 12 Caucus ................................................................................................................45 59 Composition ...................................................................................................................45 60 Rights .............................................................................................................................45 61 Limitation of authority of Constitution ..........................................................................46

PART 4 ELECTIONS AND CONVENTIONS ......................................................................47 Chapter 13 Leadership Vote and Convention ....................................................................47

62 Purpose ...........................................................................................................................47 63 Call of Leadership Vote and Convention .......................................................................47 64 Right to attend and vote .................................................................................................48 65 Leadership Vote and Convention Committee ................................................................48 66 Candidates ......................................................................................................................49 67 Voting procedure............................................................................................................49 69 Bylaws ............................................................................................................................50

Chapter 14 Candidate Selection Meetings ..........................................................................50 70 Purpose ...........................................................................................................................50 71 Right to attend and vote .................................................................................................51 72 Call of candidate selection meeting ...............................................................................51 73 Bylaws ............................................................................................................................52

Chapter 15 Provincial Conventions ....................................................................................52 74 Types of conventions .....................................................................................................52 75 Right to attend and vote .................................................................................................53 76 Delegate selection meetings ...........................................................................................54 76.1 Endorsement of Leader ..................................................................................................56 77 Call of conventions ........................................................................................................57 78 Convention Committee and officials .............................................................................57

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79 Bylaws ............................................................................................................................59 PART 5 MISCELLANEOUS...................................................................................................60

Chapter 16 Finances .............................................................................................................60 80 Fundraising ....................................................................................................................60 81 Banking ..........................................................................................................................60 82 Fiscal year ......................................................................................................................61 83 Audits .............................................................................................................................61 84 Property ..........................................................................................................................61 85 Debt and credit ...............................................................................................................62 86 Liability, indemnity, and insurance ................................................................................62 87 Conduct of office holders ...............................................................................................62 88 Signing authority ............................................................................................................63

Chapter 17 General Provisions ............................................................................................63 89 Amendment of the Constitution .....................................................................................63 90 Constitutional interpretation ..........................................................................................64 91 Notice .............................................................................................................................66 92 Definitions......................................................................................................................66 93 Transition from prior Constitution .................................................................................67 94 Commencement of this Constitution .............................................................................67

Schedule A Regions ...............................................................................................................68

PART 1 THE PARTY

CHAPTER 1 FOUNDING PROVISIONS

1 Establishment and name

2 Purposes and principles

(1) The purposes of the Party are:

(a) to field candidates of the Party for election to the Legislative Assembly, and to promote their election;

(b) to advocate and support the principles of Liberalism including those set out in subsections 2(2) and 2(3);

(c) to organize supporters of the Party;

(d) to promote membership in the Party; and

(e) to ensure the principle of equality between men and women in the structure and operations of the Party and its Riding Associations.

(2) The principles of the Party are:

(a) a belief in supporting the rights, freedoms and dignity of all British Columbians and encouraging their responsible participation in forms of social organization which articulate a common interest;

(b) a belief in the rights of citizens to democratically elect government;

(c) a belief in the rights of every person to own and enjoy property and whereby private property will be protected by law and may not be taken without just cause and full and fair compensation;

(d) a belief that every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability;

(e) a belief in the freedoms

(i) of thought, belief, opinion and expression, including freedom of the press and other media of communication;

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(ii) of peaceful assembly;

(iii) of conscience and religion;

(iv) of association;

(v) to participate in a free private enterprise system and to enjoy the fruits of labour to the greatest possible extent;

(f) a belief in the commitment to achieve a fair-minded and prosperous society by means of a sustainable, competitive and compassionate free enterprise system, in which individual initiative is balanced by protection of the rights, freedoms and dignity of all individuals, and which is qualified to sustain vital services to those in need;

(g) a belief that government must be responsive to the needs of the people of the province, and must seek their responsible participation in the economic and social development of British Columbia;

(h) a belief in the responsibility of the people of British Columbia to

(i) personally provide for themselves, their families and their dependants and collectively by government to care and provide for the needs of people who are unable to care and provide for themselves;

(ii) direct government to act sustainably to ensure future generations have similar social, economic and environmental opportunities;

(i) a belief in the principles of universal public access to health care and education and public support for those in need;

(j) a belief in the responsibility of government to

(i) promote the general well-being of the people by enacting legislation which reflects the will of the people;

(ii) operate sustainably such that future generations will have similar economic, social and environmental opportunities, which requires government to operate with a balanced budget void of deficit financing;

(iii) be fiscally prudent and therefore to limit taxation;

(k) a belief in the democratic process.

(3) The leadership of the Party is accountable to its members for ensuring that policies espoused by the Party are guided by those principles.

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3 Scope

The Party may operate anywhere in British Columbia.

4 Authority of the Constitution

This Constitution is the source of all rights and responsibilities within the Party, and is the final authority concerning any dispute within the Party.

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PART 2 PARTY STRUCTURES

CHAPTER 2 MEMBERSHIP

5 Qualification for membership

To be eligible for membership in the Party, a person must:

(a) be at least 14 years of age;

(b) support the purposes of the Party;

(c) ordinarily live in British Columbia;

(d) not be a member of any other provincial political party in British Columbia; and

(e) not have publicly declared an intention to be a candidate for election to the Legislative Assembly other than as a candidate of the Party.

6 Classes of membership

There are two classes of membership in the Party, as follows:

(a) Honourary Members1 This class is composed of

(i) the present Leader of the Party;

(ii) all past Leaders of the Party; and

(iii) any person who has been awarded by the Party Executive, and has accepted, honourary membership in the Party.

(b) Full Members This class is composed of all members of the Party not referred to in paragraph (a).

7 Application and acceptance

(1) A person may apply for full membership by completing an application form and delivering2 it to Party Headquarters.3 Party Headquarters may require additional

1 The power of the Party Executive to award honourary memberships is contained in paragraph 36(3)(a).

2 See subsection 90(10) for a description of how documents are delivered.

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evidence (as approved by the Party President or a person authorized by the Party Executive) that the applicant meets the requirements of section 5. The application

(2) Party Headquarters must promptly issue a membership card, in a form approved by the Party Executive, to each person who has applied in accordance with subsection (1), has provided the additional evidence (if any) required under subsection (1), has paid the current membership fee and meets the requirements of section 5. Each membership card must identify the Riding Association to which the member belongs.

(3) Despite subsection (2), Party Headquarters may refuse to issue a membership card if it has reasonable grounds to believe that a person does not meet the requirements of section 5.

8 Membership fees

(1) The Party Executive, in consultation with the Provincial Council, may set an annual fee for full membership, but may not charge a membership fee to Honourary Members.

(2) Each member must personally pay their own membership fees.

9 Good standing4

A full member remains in good standing as long as their membership is current and they have paid all the membership fees that they owe to the Party.

10 Term of membership and renewal

(1) Honourary membership takes effect on the date it is accepted, and remains in force as long as the member meets the requirements of section 5.

(2) Full membership takes effect:

(a) if the application for membership is received at Party Headquarters during regular office hours on a day when the Party Headquarters is open, on that date;

(b) if the application for membership is not received at Party Headquarters during regular office hours on a day when the Party Headquarters is open, on the next day that the Party Headquarters is open for the regular conduct of its business.

3 n italics in this Constitution) is defined in section 92.

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(3) Full membership remains current for a period established by the Party Executive.

(4) At any time within the year before the expiry of their membership, a member who continues to meet the requirements of section 5 may renew that membership by completing an application for membership and delivering5 it with the current membership fee to Party Headquarters.

(5) A membership renewal takes effect on the day immediately following the expiry of the current membership and continues in force for the same period as a new membership that begins on that day.

(6) A member who does not renew their membership in accordance with subsection (3) may apply to join the Party again in accordance with section 7.

11 Expiry of membership

(a)

(b) when the member no longer meets all the requirements of section 5;

(c) when the member resigns;6 or

(d) when the member dies.

12 Rights of members

(1) A member has the right to receive

(a) newsletters, information, membership services, and notices of general meetings (other than candidate selection meetings and delegate selection meetings) and other activities from the Party and the Riding Association to which the member belongs;

(b) notices of candidate selection meetings and delegate selection meetings only with respect to the Riding Association that represents the electoral district in which that member lives.7


6 See Bylaw 2 (Memberships), section 2, for when a member is deemed to have resigned.

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(2) Subject to the relevant provisions of this Constitution,8 a member in good standing has the right to:

(a) attend, speak, and vote at a general meeting of the Riding Association that represents the electoral district in which that member lives;

(b) be selected as a delegate or an alternate delegate to any convention or general meeting of the Party;9

(c) be elected to any office in the Party or in a Riding Association;

(d) attend a Leadership Convention and vote on the Leadership Vote;10

(e) appeal to the Appeals Board.11

(3) A member in good standing, who also meets the requirements of chapter 11, has the right to seek to be a candidate of the Party for election to the Legislative Assembly of British Columbia.

(4) Honourary Members have all the rights of full members in good standing.

13 Bylaws12

(1) The Party Executive may make any bylaw in accordance with the procedure set out in section 40 to regulate the procedures of applying for membership, renewing membership and the expiry of membership, but any bylaw that the Executive makes must be consistent with this Constitution.

(2) Bylaws anticipated by subsection 13(1) may include but are not limited to:

(a) the forms to be completed for applications for membership;

(b) or mailing address for a member in the records maintained by Party Headquarters is no longer current.

8 Additional requirements are set out in subsection 16(6) (general meetings), section 71 (candidate selection meetings) and subsection 76(4) (delegate selection meetings).

9 See chapter 15 for details of the process of selection as a delegate. Additional requirements are set out in paragraph 76(4)(d).

10 See chapter 13 on the Leadership Vote. Additional requirements are set out in section 64.

11 The procedure for appeal is set out in section 51.

12 See Bylaw 2 (Membership).

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CHAPTER 3 RIDING ASSOCIATIONS

14 Establishment

(1) There is established a Riding Association in each electoral district established by the Legislature.13

(2) Each Riding Association:

(a) must share the purposes of the Party and govern itself in accordance with this Constitution; and

(b) may have additional purposes that are consistent with the purposes of the Party.

(3) Subject to the relevant provisions of this Constitution, each Riding Association has the right to:

(a) send delegates to any convention or general meeting;

(b) select a candidate of the Party for election to the Legislative Assembly.

(4) Each Riding Association may propose amendments to this Constitution in accordance with section 89.

14.1 Redistribution

(1) If an enactment of the Legislature establishes new electoral districts, the Party Executive may, even if the enactment does not come into force until a future time:

(a) continue an existing Riding Association as the Riding Association for the new electoral district;

(b) disestablish an existing Riding Association and apportion its assets and liabilities among one or more other Riding Associations;

(c) establish a new Riding Association for the new electoral district and call a general meeting to elect a Riding Association Executive for the new Riding Association;

(d) call a candidate selection meeting or delegate selection meeting for a new Riding Association.

(2) If the Party Executive calls a general meeting of the Riding Association other than a candidate selection meeting or a delegate selection meeting, it must give at least

13 See paragraph 36(2)(a) for the responsibility of the Party Executive to ensure there is an active Riding Association.

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27 days notice of the meeting, in the form and by the method prescribed under subsection 16(4), to all members of the Party who have the right to vote at the meeting.

(3) If the Party Executive calls a candidate selection meeting or a delegate selection meeting, it must give at least 41 days written notice of the meeting to all members who have the right to vote at the meeting.

15 Membership in a Riding Association

(1) Only members of the Party may belong to a Riding Association. A member of the Party may belong to only one Riding Association, and may choose that Association by giving written notice to the Party Headquarters.

(2) A member of the Party may transfer membership from one Riding Association to another by giving written notice to the Party Headquarters.

(3) When a member transfers membership from one Riding Association to another, membership in the first Association will end, and membership in the second Association will begin, on the date the notice is received at Party Headquarters.

(4) A Riding Association may reject or dismiss a member of the Riding Association by a resolution passed in the following circumstances:

(a) All the members of the Association were given a copy of the resolution, and a notice of the meeting, at least 27 days before14 the meeting.

(b) The number of members of the Association present at the meeting when the resolution was considered equals at least 60% of all the members of the Association.

(c) At least 75% of the members present at the meeting voted in favour of the resolution.

(5) A member may appeal a rejection or dismissal of their membership to the Appeals Board. The person chairing a meeting at which a resolution to reject or dismiss a member is adopted must inform the rejected or dismissed member of their right to appeal.

(6) Members of a Riding Association who do not live in the electoral district represented by the Riding Association are eligible for election as a member of the Riding Association Executive and have the right to attend and speak at any general meeting of the Riding Association but do not have the right to vote at any candidate selection meeting or delegate selection meeting of the Riding Association.

14 See subsection 90(6) for the rules on calculation of this period.

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16 Meetings of a Riding Association15

(1) Each Riding Association must hold an annual general meeting during every calendar year. The meeting must be no more than 15 months after the previous annual general meeting. The Riding Association Executive must consult with Party Headquarters before setting a date for the annual general meeting and before giving any notice of the meeting. The Riding Association Executive must promptly deliver16 to the Party Headquarters a copy of any notice it gives for an annual general meeting.

(2) Each Riding Association must hold delegate selection meetings and candidate selection meetings as required by this Constitution.

(3) The Riding Association Executive must notify every member of the association at least 27 days before17 an annual general meeting of the Riding Association or a general meeting to amend the bylaws of the Riding Association and at least 13 days before18 any other general meeting of the Riding Association other than a candidate selection meeting or a delegate selection meeting and before any meeting of the Riding Association Executive that is open to all members of the Riding Association.19

(4) A notice referred to in subsection (3) must be in the form and by the method approved by the Party President or the Presid .

(5) The Riding Association Executive must notify every member of the Party who lives in the electoral district represented by the Riding Association before any candidate or delegate selection meeting, in accordance with the rules governing those meetings.

(6) Subject to the relevant provisions of this Constitution, every member of the Party who lives in the electoral district represented by a Riding Association has the right to attend, speak, and vote at any general meeting of that Association, if that member:

(a) is present at the meeting; and

(b) has been a member of the Party in good standing for the 41 days immediately

15 See paragraphs 36(2)(b) and (d) for the right of the Party Executive to call general meetings of a Riding Association.




19 The Party Executive may reduce the length of notice required for any general meeting and may extend the time before which a Riding Association must hold its annual general meeting; see paragraphs 36(3)(c) and (d).

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preceding that meeting.20

17 Riding Association Executive

(1) Each Riding Association must have an executive consisting of the following voting members:

(a) a Riding Association President;

(b) a Riding Association Vice-President;

(c) a Riding Association Secretary;

(d) a Riding Association Treasurer;

(e) a Riding Association Policy Chair;

(f) a Riding Association Membership Chair;

(g) a Riding Association Communications Chair;

(h) a Riding Association Fundraising Chair;

(i) a Riding Association Election Readiness Chair;

(j) a Riding Association Constitution Chair;

(k) a representative of each Commission;

(l) the Past Riding Association President, who is the person, other than the existing Riding Association President, who was most recently elected by the members of the Riding Association or appointed by the Riding Association Executive [and confirmed in accordance with subsection 17(7)] to the office of Riding Association President.

(2) A Riding Association Executive may also include as many other Riding Association Vice-Presidents, and as many members-at-large, as are required by its bylaws.

(3) At each annual general meeting of a Riding Association, the members of the association (including members of the Riding Association who do not live in the electoral district represented by the Riding Association) must elect all the members of the Riding Association Executive, except:

(a) the Riding Association Fundraising Chair;

20 See subsection 90(7) for the rules on calculation of this period. The Party Executive may shorten the 41-day membership period; see paragraph 36(3)(b).

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(b) the Riding Association Election Readiness Chair;

(c) the Riding Association Constitution Chair;

(d) the representative of each Commission; and

(e) the Past Riding Association President.

(4) The Riding Association Fundraising Chair, the Riding Association Election Readiness Chair and the Riding Association Constitution Chair will be appointed directly by the Riding Association President in consultation with the Riding Association Executive.

(5) The representative of each Commission will be appointed directly by the Commissions that they represent.

(6) All members of the Riding Association Executive serve until the annual general meeting following their election or appointment.

(7) The Riding Association Executive may appoint a person to fill any vacancy in the Riding Association Executive, but those appointments must be referred to the members for confirmation at the next general meeting of the Riding Association.

18 Qualification of Riding Association Executive

(1) All members of the Riding Association Executive must be members in good standing of the Party.

(2) Any member of the Party is eligible for election as a member of any Riding Association Executive, regardless whether they are a member of the Riding Association or live in the electoral district represented by that association.

(3) No person may hold more than one elected position on the Riding Association Executive at the same time, and no person may hold a position on more than one Riding Association Executive at the same time.

(4) A person who has resigned the office of Riding Association President cannot subsequently serve as the Past Riding Association President unless they are first re-elected to the office of Riding Association President.

19 Responsibilities and powers of Executive

(1) Each Riding Association Executive is responsible to:

(a) manage the affairs of the Riding Association;

(b) promote the objectives of the Riding Association;

(c) promote the objectives of the Party in the electoral district;

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(d) administer the Riding Association in accordance with the Constitution and Bylaws of the Party and the bylaws of the Riding Association;

(e) plan and conduct the activities of the Riding Association, including active fundraising and election readiness;

(f) hold candidate selection meetings and delegate selection meetings as required by this Constitution;21 and

(g) appoint a Riding Association Nominations Chair (from outside the Riding Association Executive).

20 Meetings of a Riding Association Executive

(1) The Riding Association Executive may meet at any time but must meet at least 4 times a year and at least 2 of those meetings must be open to all members of the Riding Association.

(2) The Riding Association Executive may make rules for the conduct of its business.22 Unless those rules otherwise provide, the following general requirements must be met:

(a) The Riding Association President is responsible to call regular meetings of the Riding Association Executive and must give its members at least 6 days notice23 of each meeting.

(b) Before a meeting of the Riding Association Executive may be called to order, and, in order for the meeting to continue, at least a majority of the voting members of the Riding Association Executive must be present.

(c) A question at any meeting of the Riding Association Executive will be determined by the majority of votes cast by the members who are present. The presiding member may not vote on any question unless a vote is tied, in which case the presiding member is entitled to cast a deciding vote.

(d) If notice of the resolution is given to all members of the Riding Association Executive before it becomes effective, then a resolution approved in writing by a majority of the voting members of the Riding Association Executive will be as valid and effective as if it had been passed at a properly convened meeting of the Riding Association Executive.

21 See chapter 14 (with respect to candidate selection meetings) and section 76 (with respect to delegate selection meetings).

22 These rules and any changes to the rules do not have to be filed with the Party Registrar of Bylaws.


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(3) Despite subsection 23(1), the Riding Association Executive may change any requirement of paragraphs 20(2)(a) to (d).

21 wers

(1) The Riding Association President:

(a) is responsible to

(i) preside at all meetings of the Riding Association except a candidate selection meeting;

(ii) represent the Riding Association at, and make a verbal report to, each meeting of the Provincial Council;24

(iii) report to the members at the annual general meeting of the Riding Association;

(iv) in consultation with the Riding Association Executive, appoint the Riding Association Fundraising Chair, Riding Association Election Readiness Chair and Riding Association Constitution Chair; and

(v) ensure that all other members of the Riding Association Executive perform their duties as set out in this section; and

(b) is a member of all committees of the Riding Association except the Riding Association Nominations Committee.

(2) If the Riding Association President is absent from office, or there is a vacancy in the office of Riding Association President, the Riding Association Vice-President must

(3) Every Riding Association Vice-President is responsible to assist the Riding Association President as required.

(4) The Riding Association Secretary is responsible to:

(a) keep a record of all meetings of the Riding Association Executive and all general meetings of the Riding Association and to distribute minutes of those meetings to the Riding Association Executive;

(b) send a written list to the Party Secretary showing the names and addresses of all members of the Riding Association Executive and all chairs of committees of the Riding Association, within 7 days of their election or appointment;

24 The Riding Association President is a member of the Provincial Council; see section 29.

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(c) send a copy of the current bylaws of the Riding Association to the Party Registrar of Bylaws,25 within 7 days of its enactment or amendment; and

(d) send a copy of the minutes of each annual general meeting of the Riding Association to the Party Secretary, within 7 days after the holding of the meeting.

(5) The Riding Association Treasurer is responsible to:

(a) administer the finances of the Riding Association;

(b) keep proper books of account and make them available to the Party Executive;

(c) report on the finances of the Riding Association to the members at each annual general meeting;

(d) send the financial statements of the Riding Association for the preceding calendar year to the Party Treasurer by March 31 in each year;

(e) comply with all financial reporting requirements prescribed by the Party Executive;26 and

(f) send the name and number of all accounts maintained by the Riding Association, together with a list of all signing officers, to the Party Treasurer, within 7 days of any change in those accounts or officers.

(6) The Riding Association Policy Chair is responsible to:27

(a) chair the Riding Association Policy Committee;

(b) plan and chair regular policy forums for the Riding Association; and

(c) send all resolutions proposed by the Riding Association, to the Party Policy Chair, at least 41 days before the relevant convention of the Party.28

(7) The Riding Association Membership Chair is responsible to:

(a) chair the Riding Association Membership Committee;

25 All bylaws (including those of commissions) must be filed promptly with the Party Registrar of Bylaws. They should be sent to Head Office, Attention Constitutional Adviser.

26 The responsibility of the Riding Association Treasurer to comply with financial reporting requirements includes reporting as required by the Election Act in accordance with procedures prescribed by the Party Executive.

27 See Bylaw 3 (Policy) for further details on the rules relating to policy matters.


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(b) keep a current register of the members of the Riding Association;29

(c) conduct membership drives in the electoral district;

(d) send renewal reminders to members of the Riding Association when appropriate; and

(e) send all completed membership application forms submitted to the Riding Association Membership Chair to Party Headquarters in a timely manner.

(8) The Riding Association Nominations Chair must act independently of the Riding Association Executive and is responsible to:

(a) chair the Riding Association Nominations Committee;

(b) keep a record of the talents and expertise of the members of the Riding Association;

(c) present a slate of officers for election to the Riding Association Executive, at each annual general meeting of the Riding Association; and

(d) conduct the election of the Riding Association Executive.

(9) A Riding Association Nominations Chair who seeks election to any other position on the Riding Association Executive must resign as Nominations Chair.

22 Committees of a Riding Association

(1) Each Riding Association must have the following standing committees:

(a) Riding Association Policy Committee;

(b) Riding Association Membership Committee;

(c) Riding Association Nominations Committee;

(d) Riding Association Fundraising Committee;

(e) Riding Association Communications Committee;

(f) Riding Association Election Readiness Committee;

(g) Riding Association Bylaws Committee.

29 The current register kept by the Riding Association Membership Chair must include people who are members of the Riding Association but not resident in the electoral district represented by the Riding Association. These people are NOT shown as members of the Riding Association on the records maintained by Party Headquarters.

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(2) The Riding Association Executive may by bylaw establish any number of other committees consisting of members of the Party, for any purpose except to exercise a power that the Riding Association Executive is required to exercise.

(3) Because of the office the Riding Association President holds, the Riding Association President is always a member of every standing committee and every committee established by the Riding Association Executive.

(4) The Riding Association Executive may at any time revoke or override any authority given to or any act done by any committee established under subsection (2).

(5) Every standing committee, and every committee established under subsection 22(2), may meet at any time, and may make rules for the conduct of its business, subject to the following general requirements:

(a) The chair of each committee is responsible to call regular meetings of the committee and must give its members at least 6 days30 notice of each meeting.

(b) Before a meeting of a committee may be called to order, and, in order for the meeting to continue, at least a majority of the committee members must be present.

(c) A question at any committee meeting will be determined by the majority of votes cast by the members who are present. The presiding member may not vote on any question unless a vote is tied, in which case the presiding member is entitled to cast a deciding vote.

(d) If notice of the resolution is given to all members of the committee before it becomes effective, then a resolution approved in writing by a majority of the voting members of the committee will be as valid and effective as if it had been passed at a properly convened meeting of that committee.

(e) Every committee must keep regular minutes of its meetings, and must report on its meetings and other activities to the Riding Association Executive at any time the Executive requires.

(6) A committee may appoint assistants.

23 Bylaws of a Riding Association

(1) A Riding Association, by a Special Resolution of its members, may make any bylaw to regulate the affairs of the Riding Association, but any bylaw it makes must be consistent with this Constitution and the Bylaws of the Party. The Riding Association must give at least 27 days notice (in the form and by the method prescribed under subsection 16(4)) of the proposed bylaw.


18

(2) A bylaw, or an amendment or repeal of a bylaw is effective with respect to business (such as the election of additional Riding Association Vice-Presidents or members-at-large) conducted in accordance with the new or amended bylaw at the meeting at which the bylaw was made or amended, but is not otherwise effective until a copy, certified by the Riding Association Secretary, has been deposited with the Party Registrar of Bylaws.31

24 Finances and property of a Riding Association

(1) A Riding Association may only maintain a bank or similar account at a bank, trust company, credit union or similar financial institution, and the name of the account

concerned.

(2) All money received by a Riding Association must be deposited as required by the Party Treasurer.

(3) When a Riding Association opens an account at any financial institution, the Association must direct that institution that, if the Association ever becomes inactive,

(4) If a Riding Association becomes inactive, all of the property of that Association, including all of its interest in any account held by a financial institution, will vest in the Party Financial Agent until a functioning Riding Association Executive is elected.

(5) The Party is not responsible for election or other debts incurred by a Riding Association, or by a candidate, unless the Party Executive has given prior written authority for that debt.

(6) A Riding Association may not issue tax-deductible receipts.

(7) A Riding Association may not register as a constituency association under the Election Act (B.C.).

CHAPTER 4 COMMISSIONS

25 Recognition

(1) The Party may recognize any organization that represents or promotes the interests of a segment of the population of British Columbia. Organizations that have been recognized in this manner by the Party are referred to throughout this Constitution as


19

(2) The following Commissions are now recognized by the Party:

(a)

(b) The B.C. Libera

(c) The B.C. Young Liberals.

(3) Other Commissions may be recognized by ordinary resolution of the Party at a general meeting if the organization in question:

(a) has purposes that are consistent with the purposes of the Party; and

(b) has adopted bylaws governing its organization and procedure, and those bylaws are consistent with this Constitution and Bylaws of the Party.

(4) The Party, by a Special Resolution at a general meeting, may withdraw recognition from a Commission.

26 Rights

(1) Each Commission has the right to send delegates and alternate delegates to a convention as provided for in chapter 15, if it holds a delegate selection meeting in accordance with this Constitution.

(2) Each Commission, in writing signed by one of the principal officers of the Commission, may appoint:

(a) one voting member of the Party Executive;

(b) one voting member of each Riding Association Executive;

(c) one member of the Appeals Board;

(d) one member of the Leadership Vote and Convention Committee;

(e) one member of each Convention Committee other than the Leadership Vote and Convention Committee; and

(f) one or more members of committees as provided in this Constitution or in the Bylaw establishing the committee.

(3) Each Commission may propose amendments to this Constitution in accordance with section 89.

(4) Despite anything else contained in this Constitution, a Commission may not exercise any right under subsections 26(1), (2) or (3) if the Commission has not:

20

(a) deposited with the Party Registrar of Bylaws a copy of its current bylaws, certified by a principal officer of the Commission;32

(b) held an annual general meeting within the last 15 months and sent a copy of the minutes of that annual general meeting to the Party Secretary; and

(c) sent the financial statements of the Commission for the preceding calendar year to the Party Treasurer by January 31 in each year.

(5) Despite anything else contained in this Constitution, the B.C. Young Liberals may not exercise any right under subsections 26(1), (2) or (3) if any of its members who have the right to elect its principal officers, its executive or delegates to conventions of the Party are over the age of 25.

27 Commission membership

A member of the Party need not belong to any Commission, and may belong to more than one Commission.

28 Finances and property of a Commission

(1) The Party is not responsible for election or other debts incurred by a Commission unless the Party Executive has given prior written authority for that debt.

(2) A Commission may not issue tax-deductible receipts.

(3) A Commission may not register as a constituency association or a sponsor under the Election Act (B.C.).

CHAPTER 5 PROVINCIAL COUNCIL

29 Composition of the Provincial Council

(1) The Provincial Council consists of:

(a) The following voting members:

the voting members of the Party Executive;33

each Riding Association President;


33 See paragraphs 35(1)(a) and (b) for a list of voting members of the Party Executive. Note that 2 representatives of the Caucus are voting members of the Party Executive.

21

the Leader.

(b) The following non-voting members who have the right to attend and speak and make (and second) motions, but may not vote, at meetings of the Provincial Council:

the non-voting members of the Party Executive;34

each member of the Caucus, other than the Leader and the 2 voting representatives of the Caucus;

each person who has been selected as a candidate of the Party for election to Nominated

(2) A Riding Association President, in writing, may appoint an alternate to attend, speak and vote on behalf of that president at a meeting of the Provincial Council.

30 Responsibilities and powers

(1) The Provincial Council is responsible to:

(a) promote the objectives of the Party;

(b) encourage the formation of regional groups to meet and consider issues that affect a particular area;

(c) advise and assist the standing committees;

(d) approve all business of the Party except business required to be conducted at a convention;

(e) review, and approve, amend, or reject, the administrative policies and plans developed by the Party Executive;

(f) review all administrative decisions of the Party Executive to ensure that those decisions are in accordance with this Constitution, the Bylaws and the policies of the Party; and

(g)

(2) The Provincial Council may establish policies binding on all other entities of the Party,35 except a convention or general meeting of the Party, concerning

34 See paragraph 35(1)(c) for a list of non-voting members of the Party Executive.

35 The

22

(a) membership in the Party; and

(b) the interpretation of this Constitution or the Bylaws of the Party or a Riding Association.

(3) The Provincial Council, in writing signed by the Chair or the Deputy Chair, may appoint one member of the Appeals Board.

(4) The Provincial Council may propose amendments to this Constitution in accordance with section 89.

(5) An extraordinary convention of the Party may be called by a resolution passed by 75% of the members of the Provincial Council entitled to vote at a meeting of the Provincial Council.

31 Officers of the Provincial Council

(1) Riding Association Presidents who are present at the biennial convention and general meeting of the Party must elect a Riding Association President to be the Chair of the Provincial Council and another Riding Association President to be the Deputy Chair of the Provincial Council. The Chair and the Deputy Chair serve until the next biennial convention and general meeting of the Party.

(2) If there is a vacancy in the office of :

(a) the Chair of the Provincial Council, the Deputy Chair must assume the functions of the Chair; and

(b) the Deputy Chair of the Provincial Council, the Provincial Council must promptly elect a Riding Association President as the Deputy Chair.

(3) The Provincial Council may appoint a Deputy Chair to assist the Chair, and a Provincial Council Secretary to assist the Party Secretary, as directed by the Provincial Council.

(4) The Chair of the Provincial Council is responsible to:

(a) preside at meetings of the Provincial Council;

(b) after consultation with the Party President and the Leader, set the date and place for meetings of the Provincial Council;

(c) send notice of the date and place of each Provincial Council meeting to all members of the Provincial Council at least 41 days before the meeting; and

(d) send a tentative agenda for each Provincial Council meeting to all members of the Provincial Council at least 13 days before the meeting.

(5) The Deputy Chair of the Provincial Council is responsible to:

23

(a) assist the Chair of the Provincial Council as required;

(b) asor if the Chair resigns, dies, or is expelled from office; and

(c) perform any other duties assigned by the Provincial Council.

32 Meetings of the Provincial Council

(1) The Provincial Council must meet at least 4 times each year. One of those 4 meetings must be scheduled in conjunction with the biennial convention and general meeting of the Party, and at least one of those meetings must be held outside the Lower Mainland.

(2) An extraordinary meeting of the Provincial Council may be called at any time, on at least 6 days36 notice, by:

(a) the Chair of the Provincial Council;

(b) the Leader;

(c) the Party President; or

(d) any 20 members of the Provincial Council.

(3) A meeting of the Provincial Council may not begin until, and may continue only as long as, at least the following persons are present:

(a) 13 Riding Association Presidents or their alternates; and

(b) 4 members of the Party Executive.

(4) The Leader or another person designated by the Leader may report to a meeting of the Provincial Council.

(5) The Party Executive is responsible to submit a written report to each meeting of the Provincial Council, and each member of the Party Executive are responsible to attend each meeting of the Provincial Council and to make a verbal report if so requested.

(6) Each Riding Association President may make a verbal or a written report to each meeting of the Provincial Council, and each Riding Association President must make a verbal report if so requested by the Chair of the Provincial Council.


24

33 Committees of the Provincial Council

(1) The Provincial Council, by bylaw, may establish any number of committees consisting of:

(a) the chair who must be a Riding Association President; and

(b) any number of members of the Party.

(2) At any time, the Provincial Council may revoke or override any authority given to, or any act done by, any committee.

(3) Every committee established under subsection 33(1) may meet at any time, and may make rules for the conduct of its business, subject to the following general requirements:




(d) If notice of the resolution is given to all members of the committee before it becomes effective, then a resolution approved in writing by a majority of the voting members of the committee will be as valid and effective as if it had been passed at a properly convened meeting of that committee.

(e) Every committee must keep regular minutes of its meetings, and must report on its meetings and other activities to the Provincial Council at any time the Provincial Council requires.


34 Bylaws of the Provincial Council

(1) The Provincial Council may make any bylaw to regulate its affairs, but any bylaw it makes must be consistent with this Constitution and the Bylaws of the Party.

(2) A bylaw, or an amendment or repeal of a bylaw is effective with respect to business


25

conducted in accordance with the new or amended bylaw at the meeting at which the bylaw was made or amended, but is not otherwise effective until a copy, certified by the Provincial Council Secretary, has been deposited with the Party Registrar of Bylaws.

CHAPTER 6 PARTY EXECUTIVE

35 Composition of the Party Executive

(1) The Party Executive consists of:

(a) the following voting members (ref

the Party President;

the Party Vice-President;

the Party Secretary;

the Party Treasurer;

the Party Policy Chair;

12 Regional Directors; one representing each of the 12 regions set out in Schedule A.

(b) the following additional voting members:

the Leader;

the Past Party President, who is the person, other than the existing Party President, who was most recently elected to the office of Party President;

2 representatives of the Caucus;

1 representative of each Commission;38

1 representative of the Provincial Council.

(c) the following non-voting members who have the right to attend and speak and make (and second) motions, but may not vote, at meetings of the Party Executive:

38 The representative must be appointed in writing signed by a principal officer of the Commission; see subsection 26(2).

26

the Party Nominations Chair;

the Party Constitutional Adviser;

the Party Financial Agent;

the executive director of the Party (if any has been appointed by the Party Executive).

(2) The Provincial Council may make a bylaw in accordance with section 34 to amend Schedule A by moving a Riding Association from one region to another but may not increase the number of regions. Despite subsection 34(2), a bylaw to amend Schedule A is not effective until the first biennial convention and general meeting more than 6 months after the bylaw has been deposited with the Party Registrar of Bylaws.

(3) All members of the Party Executive must be members in good standing of the Party.

(4) Table Officers must be elected for their respective terms of office as follows:

(a) the 2002 annual convention and general meeting of the Party must elect Table Officers (except the Party Treasurer and Regional Directors) by a secret ballot, according to the procedures set down in the Bylaws;

(b) each biennial convention and general meeting of the Party, beginning with the 2004 biennial convention and general meeting, must elect Table Officers (except the Party Treasurer and Regional Directors) by a secret ballot, according to the procedures set down in the Bylaws;

(c) the members of the Riding Associations in each of the 12 regions set out in Schedule A once every 2 calendar years beginning in 2003, must elect a Regional Director for the regions in which such Regional Riding Associations are located;

(d) the places, times and manner of the elections of Regional Directors will be established by a Party Bylaw which satisfies the following principles

(i) a Regional Director must be elected by the members resident in the region which the Regional Director represents; and

(ii) the votes will be weighed so that each Riding Association in a particular region will have equal input in the election of the Regional Director representing their region;

(e) the Regional Directors serve until new Regional Directors are elected at the meetings described in subsections 35(4)(c) and 35(4)(d). In event that the office of a Regional Director becomes vacant then a replacement Regional

27

Director must be elected for the duration of the term of such vacated office pursuant to the provisions of subsections 35(4)(c) and 35(4)(d);

(f) a Regional Director must live in the region to be represented by that director; and

(g) for all purposes the terms of office of the Regional Directors elected at the 2001 annual convention and general meeting of the Party shall be extended until Regional Directors are elected in 2003. Thereafter, Regional Directors serve until new Regional Directors are elected at the next biennial election of Regional Directors.

(5) Table Officers (except Regional Directors) serve until new officers are elected at the next biennial convention and general meeting of the Party.

(6) A person who has resigned the office of Party President cannot subsequently serve as the Past Party President unless they are first re-elected to the office of Party President.

(7) At each biennial convention and general meeting, the Provincial Council must elect a person who is a Riding Association President to be its representative to the Provincial Executive until the following biennial convention and general meeting.

(8) The ut that appointment ceases immediately on the call of a Leadership

Vote under chapter 13.

(9) If there is a vacancy in the office of:

(a) the Party President, the Party Vice-President must assume the functions of the President; and

(b) any other Table Officer, the Party Executive must promptly elect a member of the Party to assume the functions of the vacant office, but any member of the Party elected to assume the functions of a Regional Director must live in the region to be represented by that director.

(10) A person who assumes the functions of a vacant office holds that office only for the

(11) A Table Officer who misses 3 consecutive meetings of the Party Executive automatically forfeits membership of the Party Executive, unless the remaining members of the Executive, by a majority vote of those present and entitled to vote, choose to continue that member in office.

36 Responsibilities and powers

(1) The Party Executive is responsible to:

28

(a) manage the affairs of the Party;

(b) manage the finances of the Party;

(c) promote the objectives of the Party;

(d) make administrative decisions in accordance with this Constitution, the Bylaws and the policies of the Party and oversee their implementation;

(e) develop plans and administrative policies for the Party and present them to the Provincial Council for approval;

(f) appoint

(i) 2 members of the Appeals Board;

(ii) the Party Treasurer;

(iii) the Party Constitutional Adviser;

(iv) the chairs of any convention, or ad hoc, committee;

(v) the Chief Electoral Officer and the Referee for the conventions and general meetings of the Party;

(vi) in consultation with the Convention Co-Chairs, the Convention Treasurer; and

(vii) the Party Registrar of Bylaws;

(g) determine which of Party for the purposes of the Election Act (B.C.);

(h) submit a written report to each meeting of the Provincial Council;

(i) at its first meeting in each year, establish the largest amount that may be paid out of the petty cash account39 maintained by the Party Treasurer and the aggregate limit for cheques in respect of petty expenses during any one month; and

(j) designate a location as Party Headquarters and publish that location to the members of the Party.

(2) The Party Executive is also responsible to:

(a) ensure that there is an active Riding Association in each electoral district;

39 See subsections 81(4) and (5) for rules about the petty cash account.

29

(b) call a general meeting of a Riding Association to select delegates or a candidate if that Riding Association has failed to do so;

(c) call a meeting of a Riding Association Executive to conduct the business of that Riding Association, if the Riding Association Executive has failed to do so;

(d) dismiss a Riding Association Executive and call a general meeting of the Riding Association to elect a new Riding Association Executive, if that Riding Association Executive fails to perform its duties in accordance with this Constitution and the Bylaws of the Party or the Bylaws of the Riding Association; and

(e) assume jurisdiction over bank accounts of a Riding Association which has failed to hold annual general meetings in accordance with this Constitution.

(3) The Party Executive may:

(a) award honourary memberships in the Party to any person who has contributed significantly to the Party;

(b) reduce any time qualification established in this Constitution during which a person must have been a member of the Party in good standing;

(c) reduce the amount of notice required under this Constitution for any general meeting of a Riding Association (including candidate selection meetings and delegate selection meetings) or for any delegate selection meeting of a Commission;

(d) extend the time before which a Riding Association or a Commission must hold one of its general meetings (including a delegate selection meeting);

(e) reduce the deadlines set out in subsection 56(1).

(4) The Party Executive may propose amendments to this Constitution in accordance with section 89.

37 Responsibilities and powers of members

(1) By November 1 in each year, each member of the Party Executive is responsible to submit a preliminary budget for their office to the Party Treasurer.

(2) Each member of the Party Executive is responsible to attend each meeting of the Provincial Council and to make a verbal report if so requested.

(3) Each Table Officer is responsible to submit a written report to the biennial convention and general meeting of the Party.

30

38 Responsibilities of Table Officers

(1) The Party President is a non-voting member of all committees of the Party except the Party Nominations Committee, and is responsible to:

(a) preside at meetings of the Party Executive and at general meetings of the Party;

(b) supervise the affairs of the Party and be responsible for the administration of the Party;

(c) after consultation with the Party Executive, establish the date and place of the next biennial convention and general meeting within 6 months of the conclusion of the last biennial convention and general meeting of the Party;40

(d) send notice of the date and place of the next biennial convention and general meeting of the Party to all members of the Provincial Council within 6 months of the conclusion of the last biennial convention and general meeting of the Party;

(e) ensure that potential candidates of the Party for election to the Legislative Assembly are advised of the legal requirements for candidacy; and

(f) inform the Party of the names of the Appeals Board members.

(2) The Party Vice-President is responsible to:

(a) assist the Party President as required;

(b) assume the duties of the Party President in the Party Presidentthe Party President resigns, dies, or is expelled from office; and

(c) perform any other duties assigned by the Party Executive.

(3) The Party Secretary is responsible to:

(a) keep a record of all proceedings of the meetings of the Party Executive, the Provincial Council and the Party;

(b) keep a register of all Riding Associations and all Riding Association Executives;

(c) assemble, and distribute as required, all Table Officer and committee reports before the biennial convention and general meeting of the Party;

(d) carry out duties assigned to the Party Secretary in Bylaws; and

40 See section 77 for details of the call of conventions.

31

(e) supervise the conduct of the Leadership Endorsement Ballot in accordance with subsection 76.1(3).

(4) The Party Treasurer is a member of every Convention Committee, and is responsible to:

(a) ensure the prudent financial administration of the Party;

(b) ensure that no disbursement is made without authorization of the Party Executive, or as provided in the Bylaws;

(c) present audited financial statements to the biennial convention and general meeting of the Party;

(d) present a budget as a guide for expenditures to the Party Executive by December 15 each year;41

(e) ensure that each Riding Association provides financial statements to the Party Executive by March 31 each year; and

(f) represent the Party Executive on the Party Finance and Fundraising Committee.

(5) The Party Policy Chair is responsible to:

(a) coordinate the development of policy;

(b) report policy resolutions to the Party Executive before the biennial convention and general meeting of the Party;

(c) send a copy of each policy resolution to all members of the Provincial Council and to every registered delegate at least 20 days42 before the convention at which the resolution is to be considered;

(d) record the results of all policy workshops, plenary sessions at biennial convention and general meeting of the Party, and special policy conventions; and

(e) advise all Riding Associations of every policy motion approved at convention, by mail within 56 days of the close of convention.

(6) Each Regional Director is responsible to:

(a) co-ordinate the work of all Riding Associations and other entities of the Party

41 Each of the members of the Party Executive is required to submit a budget by November 1 each year; see subsection 37(1).


32

in the region;

(b) report on the region at meetings of the Party Executive and the Provincial Council; and

(c) communicate decisions of the Party Executive and the Provincial Council to the Riding Associations and other entities of the Party in the region.

(7) The Party Nominations Chair is answerable only to the biennial convention and general meeting of the Party and is responsible to:

(a) chair the Party Nominations Committee;

(b) conduct the election of the Table Officers at the biennial convention and general meeting.43

39 Meetings of the Party Executive

(1) The Party Executive must meet at least 9 times each calendar year.

(2) The Party Executive may meet in person or by electronic means, but if they meet by electronic means, each member must be able to hear, and be heard by, each other member.

(3) A meeting of the Party Executive may be called on 72 hours notice by:

(a) the Leader;

(b) the Party President; or

(c) any 4 members of the Party Executive.

(4) A majority of the Table Officers must be present before a meeting of the Executive can be called to order, or for it to continue.

(5) If notice of the resolution is given to all members of the Party Executive before it becomes effective, then a resolution approved in writing by a majority of the voting members of the Party Executive will be as valid and effective as if it had been passed at a properly convened meeting of the Party Executive.

40 Party Bylaws

(1) The Party Executive may make any bylaw to regulate the affairs of the Party, but any bylaw that the Executive makes must be consistent with this Constitution.

43 But see Bylaw 4 (Election of Officers at the Biennial Convention), subsection 4(1), for special rules if the Party Nominations Chair is seeking election as a Table Officer.

33

(2) The Party Executive must promptly submit a bylaw, or an amendment or repeal of a bylaw, to the Party Registrar of Bylaws.

(3) Upon receiving a bylaw resolution from the Party Executive, the Party Registrar of Bylaws must submit it to the next meeting of the Provincial Council, and the Provincial Council, by resolution, must either confirm, amend, or reject it.

(4) The Party Registrar of Bylaws must submit a bylaw, or an amendment or repeal of a bylaw, that has been confirmed or amended by the Provincial Council, to the Party at its next biennial convention and general meeting, and the Party, by ordinary resolution, must confirm, amend, or reject it.

(5) A bylaw, or an amendment or repeal of a bylaw, is effective in its original form from the date that a copy of the resolution of the Party Executive is deposited with the Party Registrar of Bylaws, until it is amended or rejected by the Provincial Council under subsection (3) or until it is repealed. An amended bylaw continues in effect in its amended form until it is repealed.

(6) If a bylaw, an amendment or a repeal is rejected by the Provincial Council or the Party, no subsequent resolution of the Party Executive to make, amend or repeal a bylaw having substantially the same purpose or effect is effective until it is confirmed or amended by the Provincial Council and the Party.

CHAPTER 7 COMMITTEES

41 Standing Committees of the Party

(1) The Party has the following standing committees and subcommittees:

(a) The Party Nominations Committee;

(b) The Provincial Election Readiness Committee;

(c) The Candidate Approval Subcommittee of the Provincial Election Readiness Committee;

(d) The Party Finance and Fundraising Committee.

(2) Before a meeting of a standing committee may be called to order, and, in order for the meeting to continue, at least ¼ of the members must be present; but if a committee has less than 12 members, at least 3 members of the committee must be present.

(3) The chair of a standing committee may call a meeting of the committee at any time.

(4) Each standing committee must report in writing to the biennial convention and general meeting, and each standing committee other than the Party Nominations Committee must report in writing to the Party Executive.

34

42 Creation of new committees

(1) The Party Executive, by bylaw, may establish:

(a) any number of committees, consisting of members of the Party Executive, to which the Executive may delegate any power that the Party Executive is required to exercise, except

(i) the power to change the membership of, or fill vacancies in, a committee; or

(ii) the power to appoint or remove officers; and

(b) any number of other committees, consisting of members of the Party, for any purpose except to exercise a power that the Party Executive is required to exercise.

(2) Because of the office they hold, the Party President and the are always members of every committee established by the Party Executive.

(3) The Leader, each Commission, and the Provincial Council may appoint a representative to every committee established under paragraph (1)(b).

(4) The Party Executive may at any time revoke or override any authority given to or any act done by any committee established pursuant to this section.

43 Conduct of committee business

(1) Every standing committee, and every committee established under section 42, may meet at any time, and may make rules for the conduct of its business, subject to the following general requirements:




(d) If notice of the resolution is given to all members of the committee before it


35

becomes effective, then a resolution approved in writing by a majority of the voting members of a committee will be as valid and effective as if it had been passed at a properly convened meeting of that committee.

(e) Every committee must keep regular minutes of its meetings, and must report on its meetings and other activities as follows:

(i) Every committee established under section 42 must report to the Party Executive at any time the Executive requires.

(ii) The Party Nominations Committee must report to the biennial convention and general meeting of the Party.

(iii) The Provincial Election Readiness Committee, and the Party Finance and Fundraising Committee, must report to the Party Executive and the Leader at any time the Executive and the Leader require.

(2) By November 1 of each year, the chair of each committee must submit to the Party Treasurer a preliminary budget for the estimated expenditures of the committee for the following year.


44 Party Nominations Committee

(1) The Party Nominations Committee consists of:

(a) the Party Nominations Chair;

(b) a representative of the Provincial Council; and

(c) other members, who may be appointed by the Party Nominations Chair in consultation with the Party Executive.

(2) The Party Nominations Committee is responsible to:

(a) maintain a record of the talents and expertise of members of the Party;

(b) solicit more than one candidate for each office listed in paragraph 35(1)(a) and present a full complement of candidates for election at the biennial convention and general meeting of the Party; and

(c) present a report to the biennial convention and general meeting of the Party.

45 Provincial Election Readiness Committee

(1) The Provincial Election Readiness Committee consists of:

(a) the Provincial Election Readiness Chair or Co-Chairs;

36

(b) the Party President;

(c) the

(d) other members of the Party, who may be appointed by the Provincial Election Readiness Chair or Co-Chairs in consultation with the Leader and the Party Executive.

(2) The Provincial Election Readiness Committee is responsible to prepare election plans in consultation with the Leader and the Party Executive.

(3) The Provincial Election Readiness Committee, by resolution, may establish any number of subcommittees for any purpose. Each subcommittee established by the Provincial Election Readiness Committee consists of:

(a) the chair who must be a member of the Committee; and

(b) any number of other persons, who do not have to be members of the Party.

(4) The Candidate Approval Subcommittee of the Provincial Election Readiness Committee consists of:

(a) the Provincial Election Readiness Chair or Co-Chairs;


(c)

(d) any person appointed by the Provincial Election Readiness Committee and

(e) other members of the Party, who may be appointed by the Leader.

46 Party Finance and Fundraising Committee

(1) The Party Finance and Fundraising Committee consists of:

(a) the Party Finance and Fundraising Chair or Co-Chairs, who are appointed by the Leader in consultation with the Party President;

(b) the following additional members

the Party President;

the Representative;

the Party Treasurer;

the Party Financial Agent;

37

any number of other persons, who do not have to be members of the Party, appointed by the Party Executive.

(2) The Party Finance and Fundraising Committee is responsible to:

(a) coordinate all fundraising;

(b) by November 1 of each year, submit a fundraising plan for the following year, including a budget for all fundraising expenditures and an estimate of revenue, to the Party Executive for approval; and

(c) encourage and assist Riding Associations to conduct fundraising activities.

CHAPTER 8 OTHER PARTY OFFICES

47 Party Financial Agent

(1) The Leader, in consultation with the Party President and subject to the veto of the Party Executive, is responsible to appoint the financial agent for the Party required under the Election Act (B.C.) (who is referred to throughout this Constitution as the

(2) The Party Financial Agent is responsible to:

(a) ensure that the finances of the Party are administered in accordance with the Election Act (B.C.); and

(b) ensure that timely and accurate provincial tax receipts are issued for donations to the Party, as permitted by the Election Act (B.C.).

(3) If permitted by the Election Act (B.C.), the Party Financial Agent may appoint one or more persons as deputy financial agents for the purpose of issuing tax receipts.

48 Party Registrar of Bylaws

(1) The Party Executive is responsible to appoint the Party Registrar of Bylaws.

(2) The Party Registrar of Bylaws is responsible to:

(a) maintain accurate and up to date versions of this Constitution and all bylaws deposited with the Registrar;

(b) provide reasonable access to the originals or copies of the bylaws deposited with the Registrar;

(c) make arrangements for the publication of current versions of this Constitution and all bylaws deposited with the Registrar.

38

CHAPTER 9 APPEALS BOARD45

49 Composition of the Appeals Board

(1) The Appeals Board consists of:

(a) two members of the Party, who are not members of the Party Executive, appointed by the Party Executive;

(b) a representative of the Provincial Council; and

(c) a representative of each Commission.

(2) The members of the Appeals Board serve for a term of one year, and may be reappointed for subsequent terms.

50 Chair and deputy chair

The Appeals Board must elect a chair and a deputy chair from among its members.

51 Right and form of appeal

(1) Any person to whom Party Headquarters does not issue a membership card under section 7 has the right to appeal to the Appeals Board, either in writing or in person, concerning that matter.

(2) Any member of the Party has the right to appeal to the Appeals Board, either in writing or in person, concerning any of the following matters:

(a) an action or decision of the Party, the Party Executive or the Provincial Council;

(b) an action or decision of the Candidate Approval Subcommittee of the Provincial Election Readiness Committee;

(c) an action or decision of a Riding Association or Riding Association Executive;

(d) an action or decision of a Commission, Commission Executive or subsidiary

aboriginal clubs) if

(i) the action or decision relates to the participation of the Commission, Commission Executive or subsidiary organization in the affairs of the Party (including the selection of delegates or alternate delegates);

45 See also Standing Rule 7 (Appeals Board Procedures).

39

(ii) the constitution or rules governing the Commission, Commission Executive or subsidiary organization provide for an appeal to the Appeals Board in respect of the action or decision; or

(iii) all parties to the appeal agree;

(e) an irregularity in connection with

(i) a meeting of the Party, the Party Executive, the Provincial Council, a Riding Association or a Riding Association Executive;

(ii) a meeting of a Commission or subsidiary organization of a Commission ofar as

it relates to the selection of delegates or alternate delegates; or

(iii) a meeting held under the provisions of this Constitution;

(f) a decision of the Chief Electoral Officer, Referee or Credentials Committee of a Party convention;

(g) a decision of the Party Executive or the Provincial Council on the interpretation of this Constitution or the Bylaws of the Party;

(h) a policy established by the Provincial Council concerning membership in the Party or the interpretation of this Constitution or the Bylaws of the Party or a Riding Association.

(3) A person appealing under subsection (1) must deliver46 a written notice stating the reasons for the appeal to the Appeals Board at Party Headquarters within 3 days after the date they were informed that Party Headquarters would not issue to them a membership card. A person appealing under paragraph (2)(e), concerning an irregularity in connection with a meeting, must deliver47 a written notice stating the reasons for the appeal to the Appeals Board at Party Headquarters within 3 days after that meeting. In all other cases a person appealing must deliver48 a written notice stating the reasons for the appeal to the Appeals Board at Party Headquarters promptly after becoming aware of the matters that are the subject of the appeal and in no case later than 30 days after the action, decision or the establishment of the policy, as the case may be.




40

51.1 Powers, duties and procedures

(1) The chair of the Appeals Board (or, in the absence of the chair, the deputy chair of the Appeals Board) must, within 30 days after a notice of appeal is received by Party Headquarters under section 51, establish a panel of one or more members of the Appeals Board to consider the appeal, and that panel must do so promptly. The chair of the Appeals Board (or, in the absence of the chair, the deputy chair of the Appeals Board) may terminate an appointment to a panel and may fill a vacancy on a panel.

(2) A panel of the Appeals Board may establish procedures with respect to any appeal it considers, and these procedures may include but are not limited to:

(a) disclosure of documents to all parties in advance of any hearing;

(b) disclosure of all witnesses with a résumé of their evidence to all parties in advance of any hearing;

(c) the time, location and form of any hearing;

(d) requirements for written submissions and argument.

(3) If, after considering an appeal under subsection 51(1) or paragraphs 51(2)(a), (b), (f), (g) or (h), the panel of the Appeals Board considering the appeal determines that there has been a manifest error or bad faith or that there are no reasonable grounds for the action or decision and that an order of the panel is in the best interests of the Party, it may make an order to correct the wrong done.

(4) If, after considering an appeal under paragraphs 51(2)(c) or (d), the panel of the Appeals Board considering the appeal determines that a wrong action has been taken and that an order of the panel is in the best interests of the Party, it may make an order to correct the wrong done.

(5) If, after considering an appeal under paragraph 51(2)(e), the panel of the Appeals Board considering the appeal determines that a substantial irregularity has occurred and that a declaration of the panel is in the best interests of the Party, it may declare the results of the meeting to be invalid, and it must then:

(a) order a new meeting to be held in place of the invalid meeting;

(b) determine the notice to be given for the new meeting; and

(c) supervise the conduct of the new meeting.

(6) A person making an appeal has the right to attend the meeting at which the appeal is considered, and to make representations concerning the appeal, but the person must follow any bylaws made by the Appeals Board and any procedures established by the panel of the Appeals Board considering the appeal.

(7) An entity whose action is being appealed has the right to be represented at the

41

hearing at which the appeal is considered.

(8) The panel of the Appeals Board considering the appeal may invite other persons to appear before it when considering an appeal.

52 Bylaws of the Appeals Board49

(1) The Appeals Board may make any bylaw to regulate its procedure, but any bylaw it makes must be consistent with this Constitution and the Bylaws of the Party.

(2) A bylaw, or an amendment or repeal of a bylaw, is not effective until a copy, certified by the chair of the Appeals Board, has been deposited with the Party Registrar of Bylaws.

49 See Standing Rule 7 (Appeals Board Procedures).

42

PART 3 POLITICAL OFFICES

CHAPTER 10 LEADER50

53 Establishment and role

The Leader is the chief political officer of the Party, and is elected by the members of the Party.

54 Responsibilities and powers of the Leader

The Leader is responsible to:

(a) speak for the Party concerning any political issue;

(b) be guided by the Party position on matters of political policy;

(c) in consultation with the Party President, appoint the Provincial Election Readiness Chair or Co-Chairs;

(d) in consultation with the Party President, appoint the Party Finance and Fundraising Chair or Co-Chairs;

(e) in consultation with the Party President and subject to the veto of the Party Executive, appoint the Party Financial Agent; and

(f) appoint one or more members of committees as provided in this Constitution or in the Bylaw establishing the committee.

CHAPTER 11 CANDIDATES

55 Candidate questionnaire

Every member of the Party who wishes to be selected as a candidate of the Party for election to the Legislative Assembly must fully and frankly complete a questionnaire in the form approved jointly by the Provincial Election Readiness Committee and the Party

designate.

50 The Leader is elected under chapter 13 and ceases to hold office in the circumstances outlined in subsection 63(1). The present Leader is the Hon. Gordon Campbell, Premier of British Columbia.

43

56 Eligibility51

(1) To be eligible for selection as a candidate of the Party for election to the Legislative Assembly, a person must:

(a) be a member of the Party in good standing;

(b) be eligible under the Election Act (B.C.) for election to the Legislative Assembly;

(c) at least 27 days before the candidate selection meeting, deliver52 to the Party

one or more counterparts) signed by at least 25 members of the Riding Association in good standing;

(d) at least 27 days before the candidate selection meeting, comply with the candidate questionnaire rules set out in section 55;

(e) at least 27 days before the candidate selection meeting, provide to the Party

(i) they agree to be bound by this Constitution;

(ii) and selection procedure to, and abide by the decision of, the Appeals Board;

(iii) they waive all rights to apply to any court in British Columbia

and selection procedure or the construction or application of this Constitution; and

(f) have discharged, to the satisfaction of the Party President, all debts due to the Party and to all Riding Associations by that person or by any campaign organization that supported the election of that person for election to the Legislative Assembly in any previous election, and for the purposes of determining whether there are any debts due to the Party or to any Riding Association, the certificate of the Party President is conclusive.

51

members of a [Riding Association] Executive cannot be either candidates or campaign managers of a candidate. Those [Riding Association] Executive members standing for nomination must resign upon publicly announcing their candidacy. This motion does not preclude the members of a [Riding Association] Executive from supporting a candidate. However, members must not show bias when voting on executive


44

(2) If the Leader [acting directly or through the Candidate Approval Subcommittee of the Provincial Election Readiness Committee as provided in subsection 57(4)] gives written notice to any person that the Leader (acting directly or through the Candidate Approval Subcommittee) will not, if that person is selected as a candidate of the Party, approve the person to be the candidate of the Party in the next election, then that person is not eligible for selection as a candidate of the Party for election to the Legislative Assembly.

57 Leader endorsement

(1) After being selected as a candidate of the Party in accordance with this Constitution, a person must:

(a) request the written approval of the Leader to be the candidate in the next election for the electoral district represented by the Riding Association that selected them; and

(b) deliver53 the Leader does not approve or revokes their approval as a candidate, that person will take all necessary steps

(i) to withdraw as a candidate of the Party;

(ii) to cease being represented as a candidate of the Party; and

(iii) to remove any indication on a ballot of an affiliation between that person and the Party.

(2) At any time after informing a Riding Association President of concerns about the

consent of the Party President, Party Vice-President and the Provincial Election Readiness Chair or Co-Chairs, may revoke the approval of a member to be the candidate of the Party in that riding.

(3) A member may not be represented as a candidate of the Party unless the member has been selected and approved as a candidate in accordance with this chapter, and the approval of that member has not been revoked.

(4) The Leader may delegate their authority under this section to the Candidate Approval Subcommittee of the Provincial Election Readiness Committee.

58 Candidate designation

(1) At any time after notifying a Riding Association President, the Candidate Approval


45

Subcommittee of the Provincial Election Readiness Committee may designate a member as the candidate of the Party for the electoral district represented by that Riding Association, if:

(a) a candidate selected under chapter 14 has died, has become unable to conduct a campaign for election, or has resigned as the candidate;

(b) the Leader has refused to approve a candidate selected under chapter 14;

(c) the Leader has revoked their approval of a candidate selected under chapter 14;

(d) 6 days have passed since the date of issue of the writ of election for the electoral district represented by the Riding Association and a candidate has not been nominated, nor has a candidate selection meeting been called, for the Riding Association.

(2) A person designated as a candidate in accordance with this section is deemed to be a candidate selected under chapter 14.

CHAPTER 12 CAUCUS

59 Composition

the Legislative Assembly of British Columbia.

60 Rights

(1) The Caucus, in writing signed by one of the principal officers of the Caucus, may appoint:

(a) 2 voting members of the Party Executive;54

(b) 2 members of the Leadership Vote and Convention Committee;

(c) 2 members of each Convention Committee other than the Leadership Vote and Convention Committee;

(d) 1 or more members of committees as provided in this Constitution or in the Bylaw establishing the committee.

(2) In addition to the members of the Caucus appointed to the Provincial Council under subsection (1), any other member of the Caucus has the right to:

54 The Caucus members who are voting members of the Party Executive are also voting members of the Provincial Council.

46

(a) attend and speak, but not vote, at a meeting of the Provincial Council;

(b) be a delegate or an alternate delegate to any convention or general meeting of the Party in accordance with chapter 15.

61 Limitation of authority of Constitution

(1) The rights of the Caucus set out in this Constitution are in addition to any other rights of the Caucus.

(2) This Constitution does not impose any responsibilities on the Caucus.

(3) The Caucus is not subject to the jurisdiction of any convention or general meeting of the Party, the Provincial Council, the Party Executive or the Appeals Board.

47

PART 4 ELECTIONS AND CONVENTIONS

CHAPTER 13 LEADERSHIP VOTE AND CONVENTION55

62 Purpose

Whenever a Leader is to be chosen for the Party, the Party must conduct a province-wide tion

with that vote, may hold a convention (which is referred to in this Constitution as a

63 Call of Leadership Vote and Convention

(1) The Party President must call a meeting of the Party Executive to be held within 28 days after:

(a) the Party President receives the written resignation of the Leader;

(b) the Party President receives a written request from the Leader to call a Leadership Vote and Convention;

(c) the death of the Leader;

(d) the publication at a biennial convention and general meeting of the Party of the results of a vote in which the number of votes cast in favour of endorsing the Leader is less than 50% of all votes cast;56

(e) a declaration by the Party Executive in accordance with subsection 66(2) that the result of a Leadership Vote is invalid.

(2) At a meeting called under subsection (1), the Party Executive must set a date for a Leadership Vote which may be any date within 6 months of that meeting. At the same time, the Party Executive may call a Leadership Convention to be held in connection with the Leadership Vote.

(3) At least 8 weeks before the day of the Leadership Vote, the Party Executive must publish the date of the Leadership Vote and the time and place of the Leadership Convention in newspapers of general circulation in the Province of British Columbia, or otherwise notify members of the Party of that date, time and place.

55 See also Standing Rule 4 (Leadership Vote).

56

48

(4) At least 27 days57 before the day of the Leadership Vote, the Party Executive must notify members of the Party in writing of the registration procedures for the Leadership Vote.

64 Right to attend and vote

Every member of the Party has the right to attend a Leadership Convention and vote on the Leadership Vote, if that member has:

(a) been a member of the Party in good standing for the 41 days58 immediately preceding the day of the Leadership Vote;

(b) paid the registration fee for the Leadership Vote established by the Party Executive or by the Leadership Vote and Convention Committee;

(c) complied with the registration procedures established by the Party Executive or by the Leadership Vote and Convention Committee.

65 Leadership Vote and Convention Committee

(1) The Party Executive is responsible to establish a Leadership Vote and Convention Committee.

(2) The Leadership Vote and Convention Committee is responsible to plan, organize and carry out the Leadership Vote and Convention.

(3) A Leadership Vote and Convention Committee must consist of:

(a) 2 Leadership Vote and Convention Co-Chairs appointed by the Party Executive;


(c) the Party Treasurer;

(d) a Convention Treasurer appointed by the Party Executive on the recommendation of the Co-Chairs;

(e) the Party Secretary;

(f) the member of the Party Executive with primary responsibility for communications;


58 See subsection 90(7) for the rules on calculation of this period. The Party Executive may shorten the 41-day period; see paragraph 36(3)(b).

49

(g) 2 representatives of the Caucus;

(h) the Party Constitutional Adviser;

(i) a representative appointed by each Commission;

(j) any other members of the Party appointed by the Co-Chairs in consultation with the Party Executive.

66 Candidates

(1) To be eligible for election as Leader, a person must:

(a) be a member of the Party in good standing;

(b) be eligible under the Election Act (B.C.) for election to the Legislative Assembly of British Columbia; and

(c) deliver59 to the Party President, at least 13 days60 before the day of the Leadership Vote, a written nomination (which may be in one or more counterparts) signed by at least 100 members of the Party in good standing.

(2) If a person is later found not to be eligible for election as Leader or does not comply with the Election Act (B.C.)61 or the nomination criteria, deposit requirements, if any, or spending limitations set out in any bylaws made by the Party Executive, then the Party Executive may declare the results of the Leadership Vote invalid.

67 Voting procedure

(1) The Leadership Vote and Convention Committee and the Party Executive must jointly appoint:

(a) a Chief Electoral Officer who will be responsible to make all arrangements necessary for the conduct of the balloting on the Leadership Vote;

(b) a Referee who will be responsible to adjudicate all disputes over accreditation and the right to vote on the Leadership Vote.

(2) The Chief Electoral Officer and the Referee must act independently of the Party Executive and each of the candidates for Leader.

(3) The Leadership Vote must be conducted, under the direction of the Chief Electoral



61 See, for example, section 193, Election Act (B.C.).

50

Officer, in accordance with the following rules:

(a) The votes of all members entitled to vote on the Leadership Vote must be counted on a province-wide basis.

(b) Any candidate for Leader who receives more than 50% of all votes cast on a ballot of the Leadership Vote is elected Leader.

(c) If none of the candidates receives more than 50% of all votes cast on a ballot of the Leadership Vote, the Chief Electoral Officer must

(i) remove from all other ballots the name of any candidate on that ballot who received less than the average number of votes cast for all the candidates except the leading candidate;

(ii) immediately direct another ballot as required until a Leader is elected.

69 Bylaws62

(1) The Party Executive may make any bylaw in accordance with the procedure set out in section 40 to regulate the procedures of the Leadership Vote and Convention and the Leadership Endorsement Ballot, but any bylaw that the Executive makes must be consistent with this Constitution.


(a) the length of membership to be eligible to vote;

(b) voting procedures;

(c) nomination criteria;

(d) candidate deposit requirements; and

(e) candidate spending limitations.

CHAPTER 14 CANDIDATE SELECTION MEETINGS

70 Purpose

(1) Each Riding Association must hold a candidate selection meeting to select a candidate of the Party for election to the Legislative Assembly at the time, and in accordance with the procedures, prescribed by the Party Executive and the Provincial Election Readiness Committee.

62 See Standing Rule 4 (Leadership Vote).

51

(2) If a Riding Association that represents an electoral district affected by redistribution has already held its candidate selection meeting, then the Party Executive may declare the results of that meeting invalid and require the Riding Association to hold another candidate selection meeting.


Every member of the Party has the right to attend a candidate selection meeting of the Riding Association that represents the electoral district in which that member lives, and has the right to vote at that meeting if that member:

(a) is present at the meeting;

(b) has been a member of the Party in good standing for the 41 days63 immediately preceding the meeting;

(c) has not voted at another candidate selection meeting held for the same election (except a candidate selection meeting declared void).

72 Call of candidate selection meeting

(1) Each Riding Association Executive, with the approval of the Party President and the Provincial Election Readiness Chair or Co-Chairs, may set the date, time and place of a candidate selection meeting and must give at least 41 days64 written notice of the meeting to all members who have the right to vote at the meeting.

(2) In the case of the actual or expected dissolution of the Legislative Assembly and the order for a general election other than on the date every 4 years fixed under the Constitution Act, the Party Executive may:

(a) generally or for any particular Riding Association, establish, and from time to time alter, the notice required for a candidate selection meeting; and

(b) generally or for any particular Riding Association, establish, and from time to time alter, the date by which a person must have been a member of the Party in good standing in order to vote at a candidate selection meeting.

(3) If the Party President, upon the advice of the Provincial Election Readiness Committee, considers that it is in the best interests of the Party that a candidate selection meeting be held on a particular date and the Riding Association Executive fails to call the candidate selection meeting on that date, then after consultation


64 See subsection 90(6) for the rules on calculation of this period. The Party Executive may reduce the amount of notice required for any candidate selection meeting; see paragraph 36(3)(b).

52

between the Riding Association Executive, the Party President and the Provincial Election Readiness Chair or Co-Chair, the Party President may call and set the date, time and place of the candidate selection meeting, in which case the Party President is responsible to give the notice of the candidate selection meeting required under the Constitution.

73 Bylaws65

(1) The Party Executive may make any bylaw in accordance with the procedure set out in section 40 to regulate the procedures of candidate selection meetings, but any bylaw that the Executive makes must be consistent with this Constitution.


(a) criteria to be satisfied by the Riding Association before it may call a meeting;

(b) length of notice for the meeting;

(c) the length of membership to be eligible to vote;

(d) special procedures in the case of the apprehension of an imminent election;

(e) voting procedures (including preferential balloting, Internet balloting and electronic balloting);

(f) the form of the meeting (including meetings in more than one location, meetings on one or more days, meetings by telephone and meetings with video conference facilities);

(g) nomination criteria;

(h) candidate deposit requirements; and

(i) candidate spending limitations.

CHAPTER 15 PROVINCIAL CONVENTIONS

74 Types of conventions

(1) Except if rescheduled in accordance with subsection 77(6), the Party must hold a biennial convention and general meeting between October 20th and November 30th once every 2 calendar years. The first biennial convention and general meeting must be held between October 20, 2004 and November 30, 2004.

65 See Bylaw 1 (Candidate Selection Meetings). See also Standing Rule 9 (Membership Lists) with respect to the rights of nominees to receive membership lists.

53

(2) At any time except within 90 days of a biennial convention and general meeting, the Party may hold an extraordinary convention to deal with any issue or issues of extraordinary importance.

(3) The business of the biennial convention and general meeting of the Party is to:

(a) elect the Table Officers;66

(b) receive the biennial reports from the Provincial Council and from each Table Officer;67

(c) consider policy resolutions;68

(d) if a Leadership Endorsement Ballot has been held in accordance with section 76.1, publish the result of the Leadership Endorsement Ballot;

(e) elect the auditor or auditors;

(f) receive bids from communities in British Columbia for the hosting of the next biennial convention and general meeting.

(4) The biennial convention and general meeting of the Party may consider any other business as determined by the Party Executive.

(5) The Leader has the right to report to the Party at every convention.


(1) The following persons have the right to be delegates to each convention:

(a) each Honourary Member of the Party;

(b) each member of the Party Executive;

(c) the Leader;

(d) each member of the Caucus;

(e) each person who has been selected as a candidate of the Party for election to the Legislative Assembly in the next election (Nominated Candidates);

66 See Bylaw 4 (Election of Officers at the Biennial Convention) for details of the election processes.

67 The Provincial Council is required to deliver a written report under paragraph 30(1)(g), and each Table Officer is required to deliver a written report under subsection 37(3). It is the responsibility of the Party Secretary to assemble these reports; see paragraph 38(3)(c).

68 See Bylaw 3 (Policy) for details of the process leading up to the consideration of policy resolutions at the biennial convention.

54

(f) each person who was selected as a candidate of the Party for election to the Legislative Assembly in the immediate past election but who was not elected

(g) each Riding Association President;

(h) up to 20 persons accredited at the convention as delegates from each Riding Association;

(i) up to 25 persons accredited at the convention as delegates from each Commission.

(2) Every delegate who has paid the registration fee has the right to attend and vote at a convention.

(3) Every alternate delegate who has paid the registration fee has the right to attend the convention as an observer but may not vote.

(4) Persons will be accredited as delegates from a Riding Association or a Commission in the following order of priority until the full complement of delegates is reached (20 for each Riding Association and 25 for each Commission):

(a) Persons who have been selected as a delegate to the convention from that Riding Association or Commission.

(b) Persons who have been selected as an alternate delegate from that Riding Association or Commission in order of their standing in the election.

(c) Persons chosen by the Credentials Committee from among those who have been selected as alternate delegates from another Riding Association.

(d) Persons approved in writing by

(i) a member of the Riding Association Executive or a principal officer of the Commission, as the case may be; and

(ii) a member of the Party Executive.

(5) The Credentials Committee may determine whether a person is a delegate selected at a meeting held in accordance with this Constitution.

76 Delegate selection meetings

(1) Each Riding Association must hold a delegate selection meeting to select delegates and alternate delegates to conventions at the time, and in accordance with the procedures, established by the Party Executive.

(2) At each delegate selection meeting held for a biennial convention and general meeting, the Riding Association must also conduct the Leadership Endorsement Ballot.

55

(3) Each Commission that holds a delegate selection meeting in accordance with this section has the right to send delegates and alternate delegates to a convention.

(4) The following rules govern every delegate selection meeting:

(a) Every member of the Party has the right to attend a delegate selection meeting of the Riding Association that represents the electoral district in which that member lives, and has the right to vote at that meeting if that member

(i) is present at the meeting;

(ii) has been a member of the Party in good standing for the 41 days69 immediately preceding the meeting.

(b) Every member of a Commission has the right to attend a delegate selection meeting of the Commission, and has the right to vote at that meeting if that member

(i) is present at the meeting;

(ii) has been a member of the Party in good standing for the 41 days70 immediately preceding the meeting.

(c) Each Riding Association and each Commission may elect any number of alternate delegates.

(d) Every member of the Party has the right to be selected as a delegate or an alternate delegate to any convention of the Party, if that member

(i) has been a member of the Party in good standing for the 41 days71 immediately preceding the meeting;

(ii) is present in person or consents in writing to be a delegate.

(e) At least 76 days72 before the convention and at least 27 days73 before the delegate selection meeting, the Riding Association President or a principal






56

officer of the Commission, as the case may be, must notify all members who have the right to vote at the meeting and the Party Secretary of the date, time and place of the delegate selection meeting.

(f) At least 48 days74 before the convention, the Riding Association or Commission, as the case may be, must hold its delegate selection meeting.

(g) At least 41 days75 before the convention, the Riding Association President or the principal officer of the Commission, as the case may be, must deliver76 to the Party Secretary

(i) a list of the names and addresses of the delegates and alternate delegates selected from the Riding Association or Commission; and

(ii) a certificate signed by the Riding Association President or a principal officer of the Commission, as the case may be, stating that the persons named on the list were elected as delegates and alternate delegates to the convention at a meeting held in accordance with this Constitution.

(5) A notice referred to in paragraph (4)(e) must be in the form and by the method prescribed by the Party Executive.

76.1 Endorsement of Leader

(1) The Party Executive, and each Riding Association President, are responsible to ensure that a resolution endorsing the Leader (referred to throughout this

Leadership EndorsParty Executive, is voted on at the meeting of a Riding Association held for the purpose of selecting delegates to attend the first and third biennial convention and general meeting of the Party held after each general election. The persons who have the right to vote on the Leadership Endorsement Ballot are the same persons who have the right to vote at the delegate selection meeting.

(2) At each Riding Association meeting referred to in subsection (1), the vote on the Leadership Endorsement Ballot must be conducted by secret ballot, and the ballots may not be counted or otherwise examined at the meeting. Instead, the Riding Association President must secure the ballots against loss or examination, and must deliver77 them promptly to Party Headquarters.

74 See subsection 90(6) for the rules on calculation of this period. The Party Executive may reduce the amount of notice required for any delegate selection meeting and may extend the time before which a Riding Association or a Commission must hold its delegate selection meeting; see paragraphs 36(3)(c) and (d).




57

(3) The Party Secretary is responsible to ensure that the combined ballots from all Riding Association meetings referred to in this section are counted in secrecy and that the results of the Leadership Endorsement Ballot are published at the biennial convention and general meeting of the Party before they are otherwise published.

77 Call of conventions

(1) The Party President, after consultation with the Party Executive, may call the biennial convention and general meeting of the Party and must establish the date and place of the next biennial convention and general meeting within 6 months of the conclusion of the last biennial convention and general meeting of the Party.

(2) The Party Executive may call an extraordinary convention of the Party at any time.

(3) An extraordinary convention of the Party may be called by a resolution passed by 75% of the members of the Provincial Council entitled to vote at a meeting of the Provincial Council.

(4) The Party President is responsible to send notice of the date and place of the next biennial convention and general meeting of the Party to all members of the Provincial Council within 6 months of the conclusion of the last biennial convention and general meeting of the Party.

(5) At least 90 days before a biennial convention and general meeting, the Party Executive must notify all Riding Associations in writing in the manner established by the Party Executive of the date, time and place of the biennial convention and general meeting. The Riding Association will on behalf of the Party Executive, notify their members of the date, time and place of such biennial convention and general meeting at the same time they provide their members with notice of their respective delegate selection meetings pursuant to subsection 76(4)(e). At least 90 days before an extraordinary convention, the Party Executive must notify all Riding Associations in writing in a manner established by the Party Executive of the date, time and place of the extraordinary convention.

(6) In the case of the actual or expected dissolution of the Legislative Assembly and the order for a general election other than on the date every 4 years fixed under the Constitution Act or if a Leadership Convention is called, then the Party President, after consultation with the Party Executive, must reschedule the biennial convention and general meeting of the Party for a date within 6 months of the original date.

78 Convention Committee and officials

(1) The Party Executive is responsible to establish a Convention Committee for each biennial convention and general meeting, and for each extraordinary convention of the Party other than a Leadership Convention.

(2) The Convention Committee is responsible to plan, organize and carry out the convention for which it has been established. The Convention Committee may, in

58

consultation with the Party Executive, establish an agenda and rules of order governing the proceedings at the convention that are binding on all members of the Party at the convention, that may not be amended by the members of the Party at the biennial convention and general meeting without the consent of the Convention Committee or the Party Executive and that are not subject to suspension.

(3) A Convention Committee must consist of:

(a) 2 Convention Co-Chairs appointed by the Party Executive;


(c) the

(d) the Party Treasurer;

(e) a Convention Treasurer appointed by the Party Executive on the recommendation of the Co-Chairs;

(f) the Party Secretary;

(g) the members of the Party Executive with primary responsibility for policy;78

(h) 2 representatives of the Caucus;

(i) the Party Constitutional Adviser;

(j) a representative appointed by each Commission;

(k) other members of the Party appointed by the Co-Chairs in consultation with the Party Executive.

(4) The Convention Committee must appoint:

(a) a Chief Electoral Officer who will be responsible to make all arrangements necessary for the conduct of any balloting at the convention;

(b) a Referee who will be responsible to adjudicate all disputes over accreditation;

(c) a Credentials Committee consisting of one or more members of the Party who will be responsible for the duties set out in paragraph 75(4)(c) and subsection 75(5).

(5) The Chief Electoral Officer, the Referee and the Credentials Committee must act independently of the Party Executive and each of the candidates for any office of the Party.

78 The member of the Party Executive with primary responsibility for policy is the Policy Chair.

59

(6) The Convention Committee may establish registration fees for the convention.

79 Bylaws79

(1) The Party Executive may make any bylaw in accordance with the procedure set out in section 40 to regulate the procedures of delegate selection meetings and the convention, but any bylaw that the Executive makes must be consistent with this Constitution.


(a) length of notice for delegate selection meetings;

(b) the length of membership to be eligible to vote at a delegate selection meeting;

(c) the form of certificate of delegates from a Riding Association or Commission;

(d) voting procedures (including preferential balloting, Internet balloting and electronic balloting);

(e) nomination criteria;

(f) candidate deposit requirements; and

(g) candidate spending limitations.

79 See Bylaw 3 (Policy) and Bylaw 4 (Election of Officers at the Biennial Convention).

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PART 5 MISCELLANEOUS

CHAPTER 16 FINANCES

80 Fundraising

The Party may raise funds through any method approved by the Party Executive, however the use of gaming activities, and receipt of proceeds from gaming activities for the funding of the Party, is prohibited.

81 Banking

(1) Subject to the requirements of the Election Act (B.C.), the Party Executive must open and maintain an account in the name of the Party at any financial institution, and:

(a) deposit to that account all moneys it receives, within 3 business days of receipt; and

(b) pay all the expenses of the Party by cheque drawn on that account.

(2) The Party Executive may invest, on any conditions, any surplus funds not required for current expenses, in savings accounts, securities, or deposit accounts in any bank or financial institution.

(3) must be approved by the Party Treasurer or the designate of the Party Treasurer and signed by any 2 persons authorized by the Party Executive.

(4) Despite subsection (1), the Party Treasurer may maintain a petty cash account, out of which amounts of less than the amount set annually by the Party Executive may be paid.80

(5) Funds required for the petty cash account may be provided only by drawing a cheque signed in the manner specified in subsection (3).

(6) Unless the Party Executive approves, during any one month, cheques in respect of petty expenses must not exceed in aggregate the limit set annually by the Party Executive.81

(7) The Party Treasurer may determine the form of records to be kept for the petty cash account.

80 See paragraph 36(1)(i).

81 See paragraph 36(1)(i).

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82 Fiscal year

The fiscal year of the Party begins each January 1 and ends the following December 31.

83 Audits

(1) One or more auditors must be elected by members of the Party at the biennial convention and general meeting of the Party. No member of the Party Executive may be an auditor.

(2) The Party Executive may fill a casual vacancy in the office of the auditor.

(3) The auditors must present audited financial statements of the Party to the biennial convention and general meeting of the Party.

(4) The Party Executive may appoint an auditor in accordance with section 179 of the Election Act (B.C.).

84 Property

(1) The Party Executive holds, as property of the Party

(a) any gift made to the Party;

(b) any gift made to an officer or office holder of the Party in the course of service to the Party;

(c) any revenue raised by the Party from any source;

(d) any account in a financial institution in the name of the Party;

(e) anything purchased with any revenue or gift, or exchanged for any property of the Party;

(f) copyright in any material or publication either

(i) produced at the expense of the Party; or

(ii) contributed to the Party by the original creator of that material or publication;

(g) any right or benefit conferred on the Party;

(h) anything else that would be generally recognized as being the property of the Party in accordance with ordinary commercial conduct.

(2) The Party Executive must establish policies for the acquisition, maintenance, insurance, management, use, and disposal of property of the Party.

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(3) The Party Executive may establish a British Columbia company for the purposes of holding and managing the property of the Party.

85 Debt and credit

(1) The Party Executive may:

(a) borrow money on the credit of the Party;

(b) pledge any property of the Party as security for any debt, goods or services; and

(c) pledge the credit of the Party in exchange for goods or services.

(2) The Party Executive must establish policies:

(a) regulating the undertaking of debt and pledging of credit;

(b) regulating the liquidation of debt; and

(c) limiting the total debt of the Party.

86 Liability, indemnity, and insurance

(1) The Party accepts responsibility for any liability incurred in the course of service to the Party by any officer or office holder of the Party, unless the liability arose from conduct of the officer or office holder that involved:

(a) gross or criminal negligence;

(b) fraud or deliberate deception; or

(c) a misrepresentation of the authority of that officer or office holder.

(2) The Party Executive may indemnify any officer or office holder of the Party for any loss or claim arising out of conduct for which the Party accepts responsibility as set out in subsection (1).

(3) The Party Executive may establish policies setting out the circumstances in which, and the extent to which, the Party will assume responsibility within the scope of subsection (1) and provide indemnification within the scope of subsection (2).

(4) The Party Executive may purchase liability insurance to protect the Party from losses or claims that fall within the scope

87 Conduct of office holders

(1) Any member of the Party Executive or of a Riding Association Executive, in exercising a function of that office, must:

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(a) act honestly and in good faith and in the best interests of the Party; and

(b) exercise the care, diligence and skill of a reasonably prudent person.

(2) The Party Executive may establish policies concerning the standards of conduct for members of the Party Executive and members of a Riding Association Executive.

(3) Any member of the Party Executive and any member of a Riding Association Executive must comply with sections 27, 28 and 29 of the Society Act (B.C.) to the extent that those sections are consistent with this Constitution and any policies established in accordance with subsection (2).

88 Signing authority

Documents, other than cheques, executed by the Party must be signed by any 2 of the Table Officers or any other person or person authorized by the Party Executive.

CHAPTER 17 GENERAL PROVISIONS

89 Amendment of the Constitution

(1) The Constitution of the Party may be amended in accordance with this section, by a Special Resolution of the members of the Party at a convention.

(2) Amendments to the Constitution may be proposed by:

(a) the Provincial Council;

(b) the Party Executive;

(c) any Riding Association Executive;

(d) any Commission;

(e) any 10 members of the Party; or

(f) the Party Constitutional Adviser.

(3) Amendments to the Constitution proposed by:

(a) a Riding Association Executive;

(b) a Commission; or

(c) 10 members of the Party;

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must be delivered82 in writing to the Party Constitutional Adviser at least 20 days83 before a regularly scheduled meeting of the Provincial Council held at least 34 days84 before the convention and general meeting of the Party at which the amendments are proposed to be considered. The Party Constitutional Adviser must submit any proposed amendment to the next meeting of the Provincial Council and the next meeting of the Party Executive. Amendments to the Constitution must be submitted to a convention and general meeting of the Party with, from each of the Provincial Council and the Party Executive, either

(d) a recommendation for adoption or for rejection; or

(e) no recommendation.

Amendments to the Constitution proposed by the Provincial Council or the Party Executive must be submitted in writing to the Party Constitutional Adviser at least 41 days85 before the convention and general meeting of the Party at which the amendments are proposed to be considered.

(4) The Party Constitutional Adviser:

(a) must send a copy of each proposed amendment to the Constitution that must be submitted to a convention and general meeting of the Party and each amendment proposed by the Party Constitutional Adviser to all members of the Provincial Council and to every registered delegate at least 20 days86 before the convention at which the proposed amendment is to be considered; and

(b) in consultation with the Convention Committee and the Party President, must prepare rules of order governing the proceedings at the convention relating to the amendment of the Constitution and make them available to every delegate at the convention.

(5) A constitutional amendment takes effect on the later of the date on which the Party Secretary deposits a certified copy of the amendment with the Party Registrar of Bylaws and the date specified in the amendment.

90 Constitutional interpretation

(1) Interpretation of this Constitution and the Bylaws of the Party is the responsibility of:






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(a) the Party Executive between meetings of the Provincial Council;

(b) the Provincial Council between conventions;

(c) the members of the Party at conventions.

(2) Every person interpreting and applying the Constitution:

(a) must prefer a reasonable interpretation of a bylaw, statement of policy, or decision that is consistent with the Constitution over an interpretation that conflicts with the Constitution;

(b) must give a liberal construction to the provisions of the Constitution, in a manner consistent with the Canadian Charter of Rights and Freedoms, the Election Act (B.C.), and the best interest and traditions of the Party;

(c) may consider applicable Canadian legal precedents; and

(d) may consult any of the following authorities for the meaning of words not specifically defined in this chapter. The authorities that may be consulted are

The Concise Oxford English Dictionary,

The Cambridge International Dictionary of English,

The Canadian Law Dictionary [Law and Business Publications (Canada) Inc.],

The Dictionary of Modern Legal Usage (Oxford University Press, 2nd edition),

any other authorities designated by the Party Constitutional Adviser.

(3) Words importing the singular include the plural, and vice versa.

(4) The power to appoint includes the power to replace.

(5) The power to make a bylaw includes the power to amend or repeal the bylaw.

(6) Wherever any period between two events is expressed as a number of days, the days on which the first and second event take place are not to be counted.

As an example, if a meeting was to be held on Friday, September 28, and some entity must give 41 days written notice of that meeting, then the notice must be given on or before Friday, August 17.

(7) Wherever it is stated that a person must have been a member for a number of days immediately preceding an event, then their application for membership must have

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been received by Party Headquarters during regular business hours on a day when the Party Headquarters was open at least that number of days before the event.

As an example, if a person must have been a member for the 41 days preceding a meeting, and the meeting was held on Friday, September 28, then their application for membership must have been received by Party Headquarters during regular business hours on or before Friday, August 17.

(8) For all purposes of the Constitution, a member will be considered to be living in the location of their ordinary residence, which must be determined in accordance with section 32 of the Election Act (B.C.).87

(9) The Caucus is not an entity of the Party.

(10) A document is delivered to a person when it is actually received by that person, and a document is delivered to Party Headquarters when it is actually received by Party Headquarters.

91 Notice

(1) Unless this Constitution otherwise provides, any notice to members may be given by mail to each household or in any other manner established by the Party Executive.

(2) with procedures established by the Party Executive in a Party Bylaw.88

(3) The inadvertent failure of a Riding Association Executive to give notice to any member of the Riding Association of a meeting of the Riding Association including a candidate selection meeting or a delegate selection meeting does not invalidate the notice, the meeting or any business of the meeting.

(4) The inadvertent failure of the Party Executive to give notice of a convention to every member of the Party does not invalidate the notice, the convention or any business of the convention.

92 Definitions

In this Constitution, the following terms have the following meanings:

Constitution Act Constitution Act, R.S.B.C. 1996, c. 66, as amended.

Election Act Election Act, R.S.B.C. 1996, c. 106, as amended.

87 See Appendix A for the text of section 32 of the Election Act (B.C.).

88 See also

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Society Act Society Act, R.S.B.C. 1996, c. 433, as amended.

means a resolution passed by 2/3 of the votes cast.

means, as the context requires, either:

(a) the staff employed by the Party at its administrative headquarters;

(b) the place designated by the Party Executive as the location of the Party Headquarters.89

93 Transition from prior Constitution

(1) Subject to the provisions of Schedule H, every previously adopted constitution, bylaw and standing rule of the Party is repealed. Schedule H governs the continuation and status of all Party matters that were in effect immediately before this Constitution took effect.

(2) For the purposes of this Constitution, the following persons are recognized as the past Leaders of the Party eligible for membership in the Party: Hon. Raymond J. Perrault; Hon. David Anderson; Mr. Gordon Gibson; Mr. Jev Tothill, Ms. Shirley McLoughlin and Mr. Arthur J. Lee.

94 Commencement of this Constitution

This Constitution takes effect when the 2002 annual convention and general meeting is closed or adjourned.

89 As of December 3, 2001, Party Headquarters is 300 - 326 West Cordova Street, Vancouver, B.C. V6B 1E8.

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SCHEDULE A REGIONS

Region 1 (Peace River) Peace River North Peace River South

Region 2 (Kootenays) Columbia River Revelstoke East Kootenay Nelson Creston West Kootenay Boundary

Region 3 (Okanagan) Kelowna Lake Country Kelowna Mission Okanagan Vernon Okanagan Westside Penticton Okanagan Valley

Region 4 (Kamloops) Cariboo South Kamloops Kamloops North Thompson Shuswap Yale Lillooet

Region 5 (Vancouver Island South) Cowichan Ladysmith Esquimalt Metchosin Malahat Juan de Fuca Oak Bay Gordon Head Saanich North and the Islands Saanich South Victoria Beacon Hill Victoria Hillside

Region 6 (Vancouver Island North) Alberni Qualicum Comox Valley Nanaimo Nanaimo Parksville North Island Powell River Sunshine Coast

Region 7 (Fraser Valley) Abbotsford Clayburn Abbotsford Mount Lehman Chilliwack Kent Chilliwack Sumas Fort Langley Aldergrove Langley Maple Ridge Mission Maple Ridge Pitt Meadows

Region 8 (Vancouver) Vancouver Burrard Vancouver Fairview Vancouver Fraserview Vancouver Hastings Vancouver Kensington Vancouver Kingsway Vancouver Langara Vancouver Mount Pleasant Vancouver Point Grey Vancouver Quilchena

Region 9 (Vancouver Suburbs South) Delta North Delta South Richmond Centre Richmond East Richmond Steveston Surrey Cloverdale Surrey Green Timbers Surrey Newton Surrey Panorama Ridge Surrey Tynehead Surrey Whalley Surrey White Rock

Region 10 (Vancouver Suburbs North) Burnaby Edmonds Burnaby North Burnaby Willingdon Burquitlam Coquitlam Maillardville New Westminster North Vancouver Lonsdale North Vancouver Seymour Port Coquitlam Burke Mountain Port Moody Westwood West Vancouver Capilano West Vancouver Garibaldi

Region 11 (Northwest) Bulkley Valley Stikine North Coast Skeena

Region 12 (Prince George Central) Cariboo North Prince George Mount Robson Prince George North Prince George Omineca