B-35 BY-LAW 7 – RIGHTS OF MEMBERSHIP

Sponsor: Shannan Little, SP, PRA/NWT | Disposition: Died on the Order Paper

Whereas retired members are no longer in the workplace and therefore lose their connection with the issues impacting our members and have no immediate vested interest in the outcome of workplace decisions; and

Whereas the Canadian Labour Congress (“CLC”) as well as virtually all affiliate unions do not permit retired members to hold office on the Board of Directors; and

Whereas it is critical for succession planning that our stewards feel that there are opportunities at the highest levels within PIPSC in order to ensure that our best and brightest stewards are encouraged to strive for leadership positions within PIPSC; and

Whereas there are other important roles that retired members can play including mentoring stewards and voicing concerns in the public arena;

Therefore be it resolved that By-Law 7 be adopted as follows:

7.1 Regular and Retired Members Only Regular and Retired members have the right to be candidates for office, to vote for officers, to otherwise participate in the affairs of the Institute, and, subject to By-Law 7.1.1, the affairs of the constituent bodies of the Institute. Only Regular and Retired members shall be eligible to attend General Meetings of the Institute. Only Regular members shall be eligible for appointment as Stewards.

By-Law 7 (New) Only Regular members have the right to be candidates for office, vote for officers, and be eligible for appointment as Stewards.

By-Law 7.1 Only Regular and Retired members may otherwise participate in the affairs of the Institute, and, subject to By-Law 7.1.1, the affairs of the constituent bodies of the Institute. Only Regular and Retired members shall be eligible to attend General Meetings of the Institute.

Resolutions Sub-Committee Comments – If adopted, this resolution would only take effect after the end of the term of any Retired member currently holding office on the Board of Directors or Executive Committee.

The Institute, in its articles of continuance and By-Laws has three established classes of members: Regular, Retired and Affiliate. The proposed resolution seeks to limit the rights of Retired members and is likely to be considered a special resolution pursuant to ss. 197(1) of the Canada Not-for-Profit Corporations Act (CNPCA), as it restricts the fundamental rights of the Retired class of members as stipulated in the articles of continuance.

As such, this should be treated as a special resolution (i.e. one seeking to add, change or remove fundamental participation rights of any class of members) pursuant to paragraph197 (1) f) of the Act and BL 13.1.5.