STANDARDIZED BY-LAWS FOR BRANCHES
161 Eastern Marine
Nova Scotia / Nunavut Command
As Amended 11/16/2021
STANDARDIZED BY-LAWS FOR BRANCHES
- The Standardized By-Laws for Branches that follows will be maintained and revised by Command when necessary, with a current copy available on the Command Website for reference purposes.
- The following Items, within the text of this document, are mandatory and must be addressed by Branches by completing and summitting Annex A Document to Command for Approval:
- TITLE PAGE – Amendment Date and Branch Name;
- ARTICLE II – NAME AND OBJECTS;
- Para 201. – Branch Name.
- ARTICLE IV – QUALIFICATION TO VOTE AND/OR HOLD OFFICE; i Para 403. – Eligible to be elected President;
ii Para 404. – Eligible to be elected Vice-President; iii Para 408. – Length of Term of Office.
- ARTICLE V– OFFICERS AND EXECUTIVE COMMITTEE; i Para 501. – Number of Vice President(s);
- Para 502. – Elected/Appointed Branch Officers;
- Para 503. – Number of Executive Committee Members; iv Para 507. – Date of Executive Meetings;
- ARTICLE VI – COMMITTEES;
- Para 601. (1) – Minimum mandatory Standing Committee Chairmen.
- ARTICLE VII – MEETINGS;
- Para 701. – Meeting of the Branch Dates;
- Para 702. – Annual General Meeting Date;
- Para 705. – Quorum Number for Meetings of the Branch.
- ARTICLE VIII – NOMINATIONS AND ELECTIONS; and
- Para 801. – Branch Elections Date;
- Para 802 (2) – Number of Week(s) re Nominations.
- ARTICLE X – FINANCE
- Para 1003. – Signing Officers of the Branch;
- Para 1005. – Expenditures Amount Limits.
- ARTICLE XIV – ANNEX A AMENDMENTS
- Para 1402 – Amendment date
ARTICLE I INTERPRETATION
- In these Standardized By-Laws for Branches.
- BRANCH shall be a Branch of the Legion within the jurisdiction of the Nova Scotia/Nunavut Command.
- COMMAND shall be The Nova Scotia/Nunavut Command of the Legion.
- LEGION shall be The Royal Canadian Legion (RCL).
- BRANCH POLICY is required to further refine how a Branch operates day to day, such policy approved by the Branch shall be a permissible extension to these Standardized By-Laws. Branch Policy shall not supersede The General By-Laws of The RCL or NS/NU Command By-Laws or the Standardized By- Laws for branches.
- FISCAL YEAR shall be January 1 to December 31 of each year including Poppy Trust Funds.
- MEETING OF THE BRANCH shall refer to a General Meeting, or a Special General Meeting, or an Annual General Meeting.
- MEMBER means a person who has been duly admitted to any of the categories of Membership provided for in the General By-Laws of the Legion, all of which confer equal privilege and standing at all levels without preference.
- MEMBER IN GOOD STANDING means a member who is not under suspension or not in arrears in payment of dues. However, a member’s rights and privileges may be limited or restricted according to circumstances described in the General Bylaws.
- STATUTORY HOLIDAY references those specific days during each year that have been declared as such by the Federal Government of Canada and are applicable in the Province of Nova Scotia or the Territory of Nunavut and includes those other additional specified days as declared by the Government of the Province of Nova Scotia or the Territory of Nunavut.
- TERM OF OFFICE is one full term of office (one/two years).
ARTICLE II NAME AND OBJECTS
201. The Branch shall be known and identified as 161 Eastern Marine
202. The purposes and objects shall be as set forth in the following:
- The Act to Incorporate the Legion.
- Chapter 54 of The Revised Statutes, 1989 For Nova Scotia
- The General By-Laws of The Royal Canadian Legion.
- The By-Laws of Nova Scotia/Nunavut Command.
- Membership in the Branch is open to all categories permitted by the General By- Laws of the Legion.
- Application for Membership:
- All applications for original or reinstating membership shall be presented to a Meeting of the Branch for approval or otherwise.
- The Executive Committee has the authority to approve applications for membership during the months when regularly scheduled Meetings of the Branch are not held.
QUALIFICATION TO VOTE AND/OR HOLD OFFICE
- Life, Ordinary, Associate and Affiliate-Voting Members, in good standing, shall have the right to vote or hold office.
- A voting member, to be eligible for election to any Branch office, must be in good standing for the year in which the election is held.
- A voting member is required to have served a term of office on the Branch Executive Committee to be eligible to be elected President.
- A voting member is required to have served a term of office on the Branch Executive Committee to be eligible to be elected Vice-President.
- No member shall hold more than one elected office in the Branch. An Officer elected to a position may also be appointed to hold additional position(s).
- The offices of Secretary and Treasurer shall not be held by the President or any of the Vice President(s).
- The President shall not hold the position of Ladies’ Auxiliary Liaison Officer.
- The Term of Office shall be for 1 year.
- An appointee to any office, committee, or other position associated with a Branch shall serve at the pleasure of the appointing authority.
- The term of any appointment shall expire at the end of the applicable Term of Office unless otherwise specified within the enacting provision or by the appointing authority.
- Termination of any appointment prior to the end of the applicable term may be done only for cause and only by the appointing authority.
- For the purpose of Awards (Ritual, Awards and Protocol), any appointment shall be deemed to be effective upon the date of such appointment by the appointing authority.
OFFICERS AND EXECUTIVE COMMITTEE
- The Senior Officers shall consist of the President, Immediate Past President and 3 Vice-President(s), and may include Secretary and Treasurer or Secretary-Treasurer.
- The offices of Branch Service Officer, Chaplain and Sergeant-at-Arms shall be declared Elected offices.
- The Executive Committee shall consist of the Senior Officers and 9 Executive Committee Members who shall be declared as Elected offices.
- The election of any office so designated herein shall take place at the Branch elections.
- The appointment of any office or vacant office shall be made by the President for ratification by the Executive Committee and subsequent approval at the Meeting of the Branch.
- The Executive Committee shall have the power to add to its numbers by a motion presented at a meeting, provided that such additions shall also be approved at the next Meeting of the Branch.
- The monthly meeting of the Executive Committee shall be held on the 1st Tuesday of the month, or a day at the call of the President.
- A majority of the Executive Committee shall constitute a quorum for the Executive Meetings.
- Insofar as it may relate to the operation of the functions of the Branch, the Executive Committee shall have all the powers of the Branch, except to appoint the Financial Review Committee, or amend the Standardized Branch By-Laws, or amend the Branch Policy, or amend Clubhouse Rules, which are subject to the approval of the Meeting of the Branch.
- The statement of accounts, transaction of current business, examination and discussion of any suggestions made for the general welfare of the Legion or the Branch and such other business as may be introduced shall form the monthly Executive Meeting agenda.
- The Executive Committee may, from time to time, appoint committees or individuals to carry out any of the advisable or necessary functions of the Branch.
- Any Executive Committee Member who is absent from three (3) consecutive Executive Meetings and/or Meetings of the Branch shall cease to be a member of the Executive Committee unless granted a leave of absence by same.
- The Executive Committee shall have the power to fill by appointment, any interim vacancy, other than a Senior Officer, which may occur on the Executive Committee during its tenure of office. Such appointment shall only become effective upon approval at the next Meeting of the Branch.
- Senior Officer Vacancies:
- Where a vacancy occurs in the Office of President or Vice-President, the next ranking Vice-President shall succeed to the vacant Office.
- Where a vacancy is created in the lowest ranked Vice-President, such vacancy shall be filled through an election of the Meeting of the Branch.
- Where a vacancy is created within the Executive Committee Members, the President shall fill such vacancy by appointment.
- All appointments under these provisions shall only become effective upon the approval at the next Meeting of the Branch.
- A member who succeeds to any of the offices under these provisions shall hold this new office until the next election of Branch offices.
- The above provisions may be employed on an interim basis when the President or a Vice-President is the subject of removal from office pending a disposition under Article III of the General By-Laws of the Legion.
- In the event of the death, resignation, inability to act, or removal of the Immediate Past President, the Executive Committee may appoint a former Branch President to fill the position for the remainder of the term.
- The minutes of all Executive Committee meetings shall be presented for information at the next Meeting of the Branch.
ARTICLE VI COMMITTEES
The following minimum mandatory Standing Committee Chairpersons
shall be Appointed If by appointment, and subject to the approval of the
Executive Committee, the President shall present the names for approval at the first Meeting of the Branch for the new term:
- Leadership Development;
- Poppy/Veterans Services;
- Public Relations;
- All Chairpersons (i) to (v) inclusive shall be members of the Executive Committee and they shall be the official recipient of all correspondence relating to their respective committee.
- The Branch may elect, or the President may appoint, the Chairperson of any other additional Standing Committee(s) and appointments shall only become effective upon the approval at the next Meeting of the Branch.
- The President shall appoint members to the Standing Committees. Such appointments shall be ratified by the Executive Committee.
- The President may appoint, with the approval of the Executive Committee, as circumstances warrant, any voting member of the Branch to chair a Special Committee to take up any matter concerning the Branch.
602. If the Committee Chairperson is absent, and no Acting Chairperson has been previously identified for the meeting, the committee shall choose a Chairperson of the meeting from those members present.
603. Committee Chairpersons shall have the power to add to their committee, such other members of the Branch as may be necessary.
604. A majority of any Standing or Special Committee shall constitute a quorum for the transaction of business.
605. All reports of committees shall be presented in writing and those of Standing Committees must be signed by the Chairperson or Acting Chairperson.
ARTICLE VII MEETINGS
- All members in good standing may attend and speak at Meetings of the Branch.
- The Branch shall hold a Meeting of the Branch on 3rd Tuesday of the following months;
January February March April May June September October November
- Annual General Meeting shall on the 3rd Tuesday in the month of; January
- A Meeting Notification shall be required when any Meeting of the Branch is cancelled and/or rescheduled from its original time.
- The quorum for a Meeting of the Branch shall be 15
- The Order of Business for the Meeting of the Branch shall be according to the Ritual, Awards, and Protocol Manual.
- (1) The Executive Committee may call a Special Meeting of the Branch to
discuss other important, unusual, or urgent matters that are felt to be pressing or significant enough to warrant the calling of a meeting outside the regular meeting schedule.
(2) Seven (7) days written notice shall be given of any such Special Meeting by way of notice through electronic means as well as posting at the Branch.
- The following Order of Business shall govern at all Special Meetings of the Branch:
- Call to Order by Presiding Officer;
- Opening Ceremony as determined by the Ritual approved by Dominion Command;
- Special business for which the meeting has been called;
- Motion to adjourn; and
- Closing Ceremony as determined by the Ritual approved by Dominion Command.
NOMINATIONS AND ELECTIONS
801. The Branch shall hold their Branch elections on the 2nd Tuesday in the month of; December
802. (1) Nominations for Branch offices shall be made from the floor at the Election Meeting immediately prior to the start of the elections unless another provision listed herein is applicable.
i. If a Nomination Meeting is held prior to the date of the Election Meeting, nominations will be re-opened immediately prior to the start of the elections.
ii. If a Nominating Committee is established by the Branch, nominations will be re-opened immediately prior to the start of the elections.
(2) A list of all nominees established in advance of the date of elections shall be available for the information and use of the Branch at least 2 week(s) prior to the date of elections.
803. No voting member may be nominated for an office unless they are present or have signified in writing their willingness to accept such office.
804. The voting for election of all offices shall be by secret ballot, except in the case of acclamation.
805. In order to be elected to office, a candidate must receive a majority of the total ballots cast (50% + 1) and if there are more than two (2) candidates and no one receives the required majority, the candidate receiving the least number of votes shall be withdrawn from the election and the voting shall continue until one (1) candidate receives the required majority.
806. Timings for the installation of Officers and when the new Officers take office should be defined in the Branch Policy Book but shall not exceed the limits set out in Article VI of the General By-Laws of the Legion.
901. The annual Branch dues payable by Ordinary, Associate, Affiliate Voting and Affiliate Non-Voting Members shall be determined yearly by a Meeting of the Branch. Such dues shall include per capita tax to the Commands.
902. The dues shall become payable annually, in advance of January 1st in each calendar year. A member in arrears as of January 31st of that year is not in good standing for any purpose.
903. Any Branch member not in good standing is subject to the provisions of Article XII of the General By-Laws of the Legion.
- A review of all financial accounts of the Branch shall be completed on a yearly basis.
- (1) The Financial Review Committee shall be appointed by the President and shall be approved at a Meeting of the Branch
- The Financial Review Committee need not be Chartered Accountants and may or may not be members but shall not be members of the Executive Committee of the Branch or employees of the Legion or organization thereof.
- The Financial Review Report shall be submitted to the Executive Committee within ninety (90) days following the end of the fiscal year and then presented to the next Meeting of the Branch for approval.
- The Branch Signing Officers for all accounts including Poppy Trust Fund Accounts shall be: President, 1st Vice President, Treasure, Poppy Treasurer
1004. All cheques must be signed by any two of the Branch Signing Officers. No cheque shall be signed in blank.
1005. All expenditures, other than normal operating or emergency expenses, in excess of $500.00; be approved at a Meeting of the Branch prior to any commitment for such expenditure being made by the Executive Committee.
1101. All employees of the Branch shall be hired by and be under the control of the Senior Officers of the Branch.
1102. All employees of the Branch shall be subject to the provisions of Article I, Items 112 and 113, of the General By-Laws of the Legion.
1103. Notice of termination shall be in compliance with the current edition of the Province of Nova Scotia Labour Standards Code, Territory of Nunavut Consolidation of Labour Standards Act, and any other relevant legislation of the Revised Statutes of the Province of Nova Scotia and the Territory of Nunavut.
1104. All hiring, terminations of employment and conditions of employment must be in accordance with current applicable Federal, Provincial, and Territorial laws including, the Human Rights Code.
1201. The creation or amendment of any Branch Policy shall be the subject of a motion of which notice shall have been given at the previous Meeting of the Branch. Such Notice of Motion shall state the wording of the proposed addition or amendment and shall be dated and signed by the voting member presenting same.
1202. A motion to create or amend the Branch Policy must receive the approval of at least two-thirds of the voting members present at the Meeting of the Branch to become effective.
1203. Branch Policy shall not supersede The General By-Laws of The RCL or NS/NU Command By-Laws or these By-Laws.
1204. A copy of the Branch Policy Manual shall be submitted to Command headquarters for administrative purposes.
1205 Copies of amendments/additions to the Branch Policy Manual shall be submitted to Command headquarters including the requirements of Art.1202.
1301. The branch may cause to be set up, a ladies auxiliary in accordance with Article VIII of the General By-Laws of The R.C.L.
1302. A ladies auxiliary is under the jurisdiction of the parent branch.
1303. The by-laws of the auxiliary shall not become effective until approved by the branch and Nova Scotia/Nunavut Command.
1304. Members of the branch Ladies Auxiliary, who are also members of the parent branch, may be elected or appointed to positions on the branch Executive.
1305. Subject to the provisions of the General Bylaws a branch may enact a policy specifying whether or not a person may hold office simultaneously in both the branch and an auxiliary, or if deemed advisable which offices may be held simultaneously.
1306 The Ladies Auxiliary may retain a maximum of funds, as regulated by branch policy, at the end of each fiscal year.
ANNEX A AMENDMENTS
1401. The Branch shall conduct an annual review of Annex A of these By-Laws and make necessary adjustments, if any, and submit to NS/NU Command by the end of June;
1402. The most recent revisions to Annex A were approved at the meeting of the branch and submitted to command on January 18th 2022.
BRANCH BY-LAW AMENDMENTS
1501. Amendments to these Standardized By-Laws for Branches.
- A Branch may submit a resolution(s) to the Command Convention to amend The Standardized By-Laws for Branches.
- When Convention is not in session, the NS/NU Command Constitution and By-Law Committee controls the amendments to these By-Laws:
- A Branch may submit a request to the Constitution and By-Law Committee to amend the Standardized By-Laws for Branches. Submission to the committee shall be on the form as per the Command Policy Book.
- The Constitution and By-Law Committee may make recommendation to amend, repeal or re-enact any of these By- Laws at any Executive Council meeting by a majority vote.
- All Executive Council approved amendments to The Standardized By- Laws for Branches shall be ratified at the next Command Convention.
BRANCH DOCUMENTATION TO COMMAND
1601. The Branch is responsible to submit the following documentation to Command:
- An annual review and necessary adjustments to Annex A, if any, by the end of June;
- A Branch Executive Information form within thirty (30) days of taking office.
- An annual financial review report completed within one hundred and twenty (120) days following the end of the fiscal year;
- A monthly financial report within forty-five (45) days of the end of each month;
- The annual Branch Status Poppy Fund Report, due into Command by October 31st.
161 Eastern Marine By-Laws Annex A were presented and approved
at the Meeting of the Branch dated January 18th, 2022