U

U
Iz
[

Appendix E

THIS IS EXHIBIT ,,..,,.,...TO THE

AFFIDAWI OF
SWORN BEFORE ME
ThS..,.LAYOF,th2
o.-......,

\f

A Cimt

etc

Appendix E

OPP Association Constitution and By-Laws:

On November 21, 2014 I reviewed a copy of the OPP Association Constitution

and By-Laws, dated May 2014. I have noted applicable sections in this
document pertaining to the structure of the OPPA, specific roles of OPPA
employees and board members, honoraria employment contracts, expenditures,
contracts and investments.

a. Board of Directors Section, (a) The affairs of the Corporation shall be

governed by the Board of Directors which shall consist of the President of
the Corporation and six other Directors. (b) Of the six Directors, five
Directors shall be without title and one Director shall be referred to as a
Civilian Director. (c) The President and the Directors shall be elected and
shall serve until the expity of their respective terms of office as hereinafter
pro videcJ or until their successors are elected or appointed. (d) The
members of the Corporation may, by resolution passed by at least twothirds of the voting delegates at a General Meeting of which notice
specifying intention to pass such resolution has been given, remove any
member of the Board of Directors before the expiration of the term of
his/her office. The vacancy created as a result shall be filled pursuant to
the provisions of section 8 of this By-Law. (e) Members of the Board of
Directors shall be ex officio members of all Committees. ( Positions on
the Board of Directors are full-time positions. (Page 7)
b. President Section, (a) The President shall preside at all Regular General
and Special Meetings of the Association and perform all duties incidental
to his/her office. He/she shalI with the concurrence of the Board of
Directors, direct and confirm that the duties delegated to the Chief
Administrative Officer are being properly pursued. (b) The President or his
or her designee shall be the sole spokesperson for the Association.
(Page 7)
c. Vice President Section, (a) There shall be a Vice President of the
Corporation who shall be elected by the Board of Directors from among
the Directors other than the President at the first meeting of the Board of
Directors following each Annual Meeting. (b) The Vice President shall act
as Chairperson of all meetings of the Board of Directors. (Page 8)
d. Directors Section, Directors shall perform all duties as the Board of
Directors or the General Meeting directs. (Page 8)

F;
e. Chief Administrative Officer Section, (a) The Chief Administrative Office,;
who for purposes of the Corporations .4ct shall also be the Secretary of
the Corporation, shall be appointed by the Board of Directors, and shall
enter into a contract of employment with the Corporation upon such terms
and conditions, and for such period of time as may be mutually agreed
upon. Any person so appointed shall meet the qualifications as set from
time to time by the Board of Directors. (b) The Chief Administrative Officer
shall perform all duties incidental to his/her office, and work in accordance
with the directives issued by the Board of Directors. (Page 15)
f. General Section, The Chief Administrative Officer shall be
responsible for the collection, depositing, expenditure and
accounting of all monies belonging to the Corporation. The Chief
Administrative Officer shall report regularly to the Board of Directors
regarding financial issues and shall present Financial Reports a
Regular General Meetings. (Page 23)
g. Honoraria Section, (a) The President shall be entitled to a yearly
honorarium, inclusive of any salary paid by the employer; of 181% of
the salary of an OPP first class constable with 23 or more years of
service. In addition, the President shall receive increases in accordance
with the number of consecutive years of experience in the position of
President, as follows: (I) 3 to 6 years experience: 5.65%; and, (ii) more
than 6 years experience: 11.3%. (b) The Vice President and each
Director shall be entitled to a yearly honorarium, inclusive of any
salary paid by the employer;, of 160% and 135%, respectively, of the
salary of an OPP first class constable with 23 or more years of
service. (c) The method of any payments to the President, Vice
President or Directors calculated pursuant to this paragraph shall be
in accordance with any agreements that may be in place from time to
time between the OPPA and the OPP. (Page 8 and 9)
h. Executive Officer Section, Board of Directors may appoint a sufficient
number of Executive Officers to carry out the business of the Corporation.
Executive Officers shall enter into written contracts of employment with the
Corporation upon such terms and conditions and for such periods of time
as may be mutually agreed upon. The Executive Officers shall report to
the Chief Administrative Officer of the Association and shall perform such
duties as instructed by the Board of Directors, through the Chief
Administrative Officer. (Page 15)
i. Legal Officers Section, The Board of Directors may appoint a
sufficient number of Legal Officers to carry out the business of the
Corporation. Legal Officers shall enter into written contracts of
employment with the Corporation upon such terms and conditions and for
such periods of time as may be mutually agreed upon. The Legal
Officers shall report to the Chief Administrative Officer of the

Association and shall perform such duties as instructed by the

Board of Directors, through the Chief Administrative Officer. (Page
15)

j.

Empoyment Contracts Section, Employment contracts for the Chief

Administrative Officer, Executive Officers and Legal Officers shall be
negotiated by a committee designated by the President. An employee
shall not be a member of the committee negotiation his/her own contract
on behalf of the corporation. (Page 24)

k. Expenditures Section, (a) The Board of Directors is authorized to

approve and make payment of all accounts and bills of the
Corporation. (b) Any two of the President, Vice President, Directors,
Chief Administrative Officer or Officers of the Corporation may sign
cheques for legitimate expenditures of the Corporation. (c) The Board of
Directors, Chief Administrative Officer, Legal Officers, Executive
Officers, Committee Members and persons elected or appointed by
the General Meeting, are to be reimbursed by the Corporation for
expenses incurred in attending to all business of the Corporation. In
addition to the payment of accommodation and meals and such incidental
expenses as may be necessaiy allowance will be made for transportation
on a mileage basis. (Page 23)
I.

Contracts Section, Contracts and engagements on behalf of the

Corporation shall be signed by the President or the vice-President
and the Chief Administrative officer, or their delegates, and the Chief
Administrative Officer shall affix the seal of the corporation to such
instruments requiring same. (Page 24)

m. Investments Section, Monies accumulated by the Corporation maybe

invested from time to time with the subsequent approval of a General
Meeting, and shall adhere to investment policies, standards and
procedures that a reasonable and prudent person would apply in
respect of a portfolio to avoid undue risk and obtain a reasonable
return. (Page 24 and 25)

COPY

Ontario Provincial Police

\,/
ASSOCIATION

CONSTiTUTION
and
BY-LAWS

May2014

3.

(iii)

The Head Office has reviewed the documentation pthiaining to the

payment of dues and confirmed that the member has paid the full
amount of applicable dues; and

(iv)

Written confirmation has been forwarded by the Head Office to the

member and copied to the Branch confirming that the member is
eligible to vote.

(c)

Active members who are fixed term civilian employees or casual part-time
police employees and who have complied with paragraph (b) above, shall be
st of
eligible to vote immediately and shall continue to be eligible until March 1
the following year after which paragraph (b) must be complied with again.

(d)

The Association reserves the right to revoke voting rights where there has
been a change in a members working status.

RIGHT TO HOLD OFFICE

Only active members who are not fixed term civilian employees or casual part-time
police employees have a right to hold the office of President or Director of the
Corporation. (SBM 2012)

4.

OBLIGATIONS, SUSPENSION AND EXPULSION OF MEMBERS

(a)

Members shall abide by provisions of the By-Laws of the Corporation. A

member shall not do anything which may bring the reputation of the
Association into disrepute. If a member is convicted of an offence and is
sentenced to a period of incarceration, the member is deemed to have
brought the reputation of the Association into disrepute. (SOM 2012)

(b)

A member may be charged with any violation of the By-Laws of the

Corporation. Charges shall be made in writing and delivered to the Chief
Administrative Officer. The Chief Administrative Officer shall immediately
give notice of the charge to the member.

(c)

The Board of Directors may suspend any member so charged Until the matter
of the charge has been disposed of in accordance with this section. A
suspended member shall be suspended from attending any meeting of the
Corporation; however he/she shall continue to pay dues.

(d)

The Board of Directors shall investigate each charge, allowing the member
an opportunity to be heard. If the Board of Directors determines that the
allegation is substantiated, it may take disciplinary action against the
member, such as admonishment, temporary or indefinite loss of voting
S

1CommentedCDKLZ:

nrlytnick2& Proct1uror
vetgation arni diipIhi, ca,iflcd,

privileges, temporary or indefinite removal from office, and/or temporary or

indefinite loss of right to stand for election. In addition, the Board of Directors
may recommend to the voting delegates at a General Meeting that the
member be expelled from the Corporation.
(e)

A member disciplined pursuant to this section shall have a right to appeal to

the members at a General Meeting. A notice of appeal shall be filed with the
Chief Administrative Officer within 30 days of the decision of the Board of
Directors and shall be heard at the next General Meeting following. The
disciplinary action shall not take effect until 30 days have passed from the
date of the decision of the Board of Directors, If an appeal is filed, the
disciplinary action shall be stayed pending the outcome of the appeal.
(SEM 2012)

(f)

A General Meeting hearing an appeal under this section may, on a simple

majority, confirm the decision of the Board of Directors, vacate the decision,
or substilute its own penalty.

(g)

Where the Board of Directors recommends the expulsion of a member, the

member shall be given notice of the time and place of the General Meeting,
and shall be given an opportunity to be heard by the delegates. A vote to
expel a member shall require a two-thirds majority.

BY-LAW NO.3

BOARD OF DIRECTORS GENERAL

-

cCommented[DKL3]:l,nrIyAr3.cAonmovej
qfl7dn rnrmbrr of Ehr Born) ffli tort.

BOARD OF DIRECTORS
(a)

The affairs of the Corporation shall be governed by the Board of Directors

which shall consist of the President of the Corporation and six other Directors.

(b)

Of the six Directors, five Directors shall be without title and one Director shall
be referred to as a Civilian Director.

(c)

The President arid the Directors shall be elected and shall serve until the
expiry of their respective terms of office as hereinafter provided, or until their
successors are elected or appointed.

(d)

The members of the Corporation may, by resolution passed by at least

two-thirds of the voting delegates at a General Meeting of which notice
specifying intention to pass such resolution has been given, remove any
member of the Board of Directors before the expiration of the term of his/her
office. The vacancy created as a result shall be filled pursuant to the
provisions of section 8 of this By-Law.

(e)

Members of the Board of Directors shall be ex officio members of all

commented [DK14 ThL )artguogc is cunnLIy found ondcr tho
dulisrt ofthr Pnrtidcnt (Art 5(s)). V)cr.Pn k,ut (Art 6(h)), nd
Din,rtors (Ait 6(t))).

Committees.

2.

(I)

Positions on the Board of Directors are full-time positions.

(g)

In the event that the current arrangement with the Employer for the re
imbursement of salaries of members of the Board of Directors, as found in
the Collective Agreements, can no longer continue or becomes
impracticable, the Board of Directors shall implement full time seconded
positions for the members of the Board of Directors and the Association will
reimburse the Employer the cost of salary and all benefits borne or incurred
in any manner in respect to the positions.

PRESIDENT

(a)

Con1mentedCOK5]:Eonwrt1yAniok5.

The President shall preside at all Regular General and Special Meetings of
the Association and perform all duties incidental to his/her office. He/she
shall, with the concurrence of the Board of Directors, direct and confirm that
the duties delegated to the Chief Administrative Officer are being properly
pursued.

-.

8.

VACANCiES

(a)

(b)

9.

In the event that the President is unable to discharge his/her duties for the
remainder of his/her term, the Vice President shall perform all the duties of
the President until the conclusion of the next Annual General Meeting. An
election shall be held in accordance with these By-Laws to fill the
Presidential vacancy for the remainder of the term, if any. While the Vice
President is performing the duties of the President pursuant to this section,
the Vice Presidents position as Director shall not be considered vacant.
In the event of a Director not being able to discharge his or her duties for the
remainder of his or her term, the Board of Directors shall:
(i)

if there are less than sixty (60) days in the remainder of the Directors
term, continue with the normal election process pursuant to By-Law
No. 4, Article 3.

(ii)

if subsection (b)(i), above, does not apply, direct that an election be

held at the General Meeting that is scheduled to be held sixty (60)
days or more from the date of the vacancy to fill the vacancy for the
remainder of the term. The Board of Directors shall establish a time
and date for the notice of intention to accept nominations for an
election called pursuant to this section. The Board of Directors may
appoint a person to fill the vacancy until the election. Such person
appointed must be qualified to be a member of the Board of Directors
in accordance with the By-Laws. In the event that only one candidate
seeks the position under an election called pursuant to this section,
the Board of Directors may appoint the candidate to the Board of
Directors prior to the next General Meeting for which the election is
scheduled.

(iii)

If there is not a quorum of Directors in office the Directors shall

forthwith call a Special General Meeting of the Corporation to fill the
vacancies.

POUCIES AND PROCEDURES

(SBM 2012)

10

Commented tDKL1O1 nvncdy Article (h). Clorilicntion that

while acting an Pntoident. tint Vice lnrtiaknt then not vacate hiditer
,ovithm an J)ircctor.
Commented [DKL1Z]: Formerly Article 4. Removed
requirement hat vacancy result from death, serious injury, illness or
,vocignotirnrv. Na vubgavtivv, change to minting prcvxvs.

The Board of Directors shall establish, prescribe and regulate such administrative
and operational policies as the Board considers necessary for the efficient and
effective operation of the Corporation, so long as such policies are not contrary to
these By-Laws, the Corporations Act, the Letters Patent and/or the Supplementary
Letters Patent. The policies, which shalt be referred to as Policies and Procedures,
shall include, but are not limited to:
(a)

operations of the Board of Directors, including but not limited to duties and
responsibilities of Directors, Board meetings, and creation and conduct of
committees;

(b)

the day to day operations and administrative needs of the Association;

(c)

Branch configuration;

(d)

the creation and implementation of Branch By-Laws, including Branch

accountability, duties of Branch representatives and all other aspects of
Branch business;

(e)

financial issues;

(f)

members benefits, services and programs; and,

(g)

any other area that would benefit the Association.

11

BY LAW NO.4
1.

ELECTORAL COMMFITEE

BOARD OF DIRECTORS

ELECTIONS

Commented [OKLIZ]: No no .tnvn hnge

nxisdny hy.Iw angungo only.

.-

owordior

(SBM 2014)

There shall be an Electoral Committee consisting of 3 members. The Chairperson

of the Electoral Committee, who shall be known as the Chief Electoral Officer, shall
be the Chief Administrative Officer. The Board of Directors shall appoint the two
other members, one of whom shall be a Legal Officer. The Chief Electoral Officer
shall oversee the electoral process. Any disputes regarding the electoral process
shall be resolved by the Electoral Committee.
2.

ELECTION OF PRESIDENT (saM 2014)

(a)

No person shall be elected or appointed as President of the Corporation

unless at the time of his/her election or appointment he/she is an active
member and has served or is serving as a member of the Board of Directors
of the Corporation or as a Branch President or a Branch Secretary.

(b)

Any Director who wishes to run for the office of President shall first resign the
balance of his/her term as Director, effective at the conclusion of the election.

(c)

Eligible candidates wishing to run for the office of President shall declare their
intention in writing to the Chief Electoral Officer at the Head Office of the
Association between 9:00 am or the Monday, two weeks before the first day
of the AGM to 4:00 pm on the Friday prior to the AGM.

(d)

The OPP Association Head Office will provide space or its website for
candidate election campaign material and/or links to the candidates own
sites. Any material posted on the OPP Association website must be
approved by the Electoral Committee. All candidates shall receive the same
amount of space on the website.

(e)

Candidates are not eligible for funding from sources outside of the Ontario
Provincial Police Association.

(f)

The Chief Electoral Officer shall arrange a debate for all candidates that shall
be recorded and posted on the Associations website. The Association shall
be responsible for all reasonable costs incurred by the candidate to attend
the debate.

(g)

All candidates shall acknowledge and agree to abide by the ucode of Conduct
for Presidential Candidates contained in the Associations Policies and
Procedures.
12

commentedCDKL1.31 Wc rcconimend acommitt ,vinw tin,

ccccor.d pncss with an cyn no applying any recomrru,r,.k,J cluinges
during the nonclecninnr ynar in, 203.

Commented CDKU4]; Curntly Art. 3(b)

Commented tDkL15) Curnoncly Art. l6(bXv

3.

(h)

The Chief Electoral Officer shall cause to be prepared one ballot containing
the names of candidates for the position of President. The election shall be
conducted by way of electronic vote in a manner determined by the Electoral
Committee. Electronic voting shall commence at 9:00 am. on the l5 day
of November and shall conclude at 9:00 am on the 30 day of November.
The Chief Electoral Officer shall communicate the result to the candidates
and to the membership of the Corporation forthwith.

(i)

The candidate receiving the most votes shall serve as the new President
Qth day of November immediately following the election
commencing on the 3
and continue to serve for the following three year period.

ELECTION OF DIRECTORS
(a)

(b)

(c)

(d)

coinmentcdDKL16j:currcntyM. 16(c)

Commencing at the Annual General Meeting in 2009, elections for Directors

shall be held on a 3 year cycle. In the first year of the three year cycle, there
shall be one election for two Directors positions, and one election for the
designated Civilian Director position. In the second year of the three year
cycle, there shall be rio regularly scheduled elections. In the third year of
the three year cycle, there shall be an election for three Directors positions.
No person shall be elected or appointed a Director of the Corporation unless
at the time of his/her election or appointment he/she is an active member
and has served or is serving as a member of the Board of Directors of the
Corporation or as a Branch President or a Branch Secretary, or has been a
member of a Branch Executive for at least two years. Additionally, only a
civilian member may be elected or appointed as the Civilian Director.

Candidates wishing to run for the office of Director shall declare their
intention to accept nominations in writing to Head Office of the Association
between May 1St and 4:00p.m. on June 15th of the election year. In the first
year of the three year cycle, civilian members may declare their intention to
accept nominations for the designated Civilian Director position, or for the
two other Directors positions, but not for both.

Commented

sc

crftM. 16(c))i.iv

._._.

Nominations for the office of Director shall be received on the first day of
the Annual General Meeting as the first order of business following the noon
recess. Following nominations, the Chairperson shall cause to be prepared
one ballot containing the names of those nominated for the position of
Civilian Director and one ballot containing the names of those nominated
for the other Directors positions.

(e)

Co mented DK 173: Comb

Voting for the election of Directors shall be conducted at a polling station to

be located outside the meeting area during the noon recess or any other
13

Commented[0kL203:CorreIlLlyLhcothcrpwcofAn.l6(cxv)

time on the third day of business of the Annual Meeting as directed by the
Chairperson. Each voting delegate will receive a ballot as prepared by the
Chairperson. The number of votes per voting delegate is equal to the
number of vacant positions. Voting delegates must use all of their allotted
votes. A ballot returned without the correct number of votes will be
considered to be a spoiled ballot. The Chairperson shall cause the votes to
be counted in a fair and impartial manner. The Chairperson shall announce
the results and the successful candidates will assume their duties following
the conclusion of the AGM.
(f)

If there is only one candidate for a particular position, the Chairperson shall
declare that person as the winner, effective at the conclusion of the AGM,
and shall not hold an election for that position.

(g)

In the case of a tied vote between two or more candidates for any position
on the Board of Directors, the Chairperson shall draw one name of the tied
candidates from a hat to determine the winner.

(h)

A member elected to the position of Director shall serve a three year term.

14

BY-LAW NO. 5- OFFICERS

CHIEF ADMINISTRATIVE OFFICER

2.

(a)

The Chief Administrative Officer, who for purposes of the Corporations Act
shall also be the Secretary of the Corporation, shall be appointed by the
Board of Directors, and shall enter into a contract of employment with the
Corporation upon such terms and conditions, and for such period of time as
may be mutually agreed upon. Any person so appointed shall meet the
qualifications as set from time to time by the Board of Directors.

(b)

The Chief Administrative Officer shall perform all duties incidental to hisTher
office, and work in accordance with the directives issued by the Board of
Directors.

(c)

Should the Chief Administrative Officer be temporarily unable to discharge

his/her duties, the Chief Administrative Officer or Board of Directors may
delegate those duties to another person.

EXECUTIVE

OFFICERS

ICommentwa [0K121j: The rncjrrdtyvrchc existing Art. 7 has

been nsovcvl La Policies anti Prncericrert.

Comment tDKL2Z Currently An. 9. Slight wording

changes, but no iriteritia change application nithix article.

The Board of Directors may appoint a sufficient number of Executive Officers to

carry out the business of the Corporation. Executive Officers shall enter into written
contracts of employment with the Corporation upon such terms and conditions and
for such periods of time as may be mutually agreed upon. The Executive Officers
shall report to the Chief Administrative Officer of the Association and shall perform
such duties as instructed by the Board of Directors, through the Chief Administrative
Officer.
3.

Tcommente
tDKL23: Currently An. 9. As above: no change to
inlenL.
wattling changes.

LEGAL OFFICERS

bUL minor

The Board of Directors may appoint a sufficient number of Legal Officers to carry
out the business of the Corporation. Legal Officers shall enter into written contracts
of employment with the Corporation upon such terms and conditions and for such
periods of time as may be mutually agreed upon. The Legal Officers shall report to
the Chief Administrative Officer of the Association and shall perform such duties as
instructed by the Board of Directors, through the Chief Administrative Officer.

BY-LAW NO.6- BRANCHES

15

1.

BRANCH STRUCTURE
(a)

(b)
(c)

The members of the Corporation shall be divided into Branches, as set out
in subsection (c) below, and each Branch shall be composed of those
members of the Corporation who work in the geographical area of that
Corporation Branch. Members of General and Regional Headquarters
Deployed Units, who are stationed in various locations in Ontario, shall
belong to the Branch covering their assigned location. The Orillia Provincial
Communication Centre, Orillia In-Service Training Unit, and the Orillia
Forehsic Identification Services Unit although located within General
Headquarters shall be deemed to be located within No. 7 Branch. If special
circumstances exist the Board of Directors may at its discretion change a
members Branch assignment.

Commented [DXI.41: Cura1mJyAn. I2(Xa

A Life Member shall be a member of the Branch in which his or her

residence is located.

Commented tDKL2.S3 Currently Art. I XhXiiiI

The Corporation shall consist of the following Branches, the geographical

boundaries of which shall be determined by the Board of Directors and
published in the Corporations Policies and Procedures:

Commented tDKL26]; Currendy rem. [Z(iii)

No.1
No.6
No. 10-S
No. 14
(d)

No.
No.
No.
No.

No. 2
No.7
No. 11
No. 15

3
8
12-N
16

No. 4
No.9
No. 12-S
No. 17

No.5
No.10-N
No. 13
No. 18

Each Branch shall establish and maintain By-Laws consisent with the
Corporations By-Laws and the direction provided by the Board of Directors
in the Corporations Policies and Procedures. Branches shall only conduct
business in accordance with iheir approved By-Laws.
(SBM 2012)

(e)

Each Branch shall elect a President and a Secretary. Each Branch may
elect members to other executive positions as required (e.g. Treasurer), and
those members together with the President and Secretary will form the
Branch Executive. There shall be at least one Civilian member and one
Uniform member on each Branch Executive. Members of the Branch
Executive shall hold office until their successors are elected or appointed in
accordance with the By-Laws of the Branch. Members of the Branch
Executive must be members of the Branch who are neither fixed term
civilian employees nor part time police employees. (SOM 2012)
16

Commented CDKI.173: Currently Art. 12(iXb).

(f)

Each Branch may hold meetings. Active members of the Branch are entitled
to vote at the meeting in accordance with the Branch By-Laws. Life and
Honorary Members may attend but not vote.

(g)

In the event that it is determined by the Board of Directors, that a Branch is

being operated:
(i)

in a manner that is contrary to the Constitution and By-Laws, the

Policies and Procedures, the mission or objectives of the
Association, the Branch By-Laws, or

(ii) in a manner that is causing disaffection amongst the membership

and concern for the Association,

(h)

2.

the Board of Directors may deem the Branch ineffective and may temporarily
suspend one or more of the Branch Executive as it sees necessary, and
assume the responsibilities and operations of the Branch until such time that
the Board of Directors, determines that the Branch can resume.

Commented LDXL29]: Currcnt!y Art. 13(b

Should a Branch cease to function, all properties and excess funds

belonging to it shall be forwarded to the Chief Administrative Officer of the
Corporation and shall be held in trust until such time as the Branch is re
formed.

Commented [DKL3O): CLrrcndy/ut. )(ii)

BRANCH PRESIDENT AND BRANCH SECRETARY HONORARIA

(a)
(b)

All Branch Presidents and Secretaries shall receive an annual honorarium

at a rate of 8% of an OPP First Class Constables salary.
Should a Branch President or Secretary be unable to perform his or her
duties or fulfil the obligations of his or her position for an extended period of
time (in excess of 30 days), the Board wilt determine the honorarium
distribution after consultation with the Branch Executive involved.

Commented (DKL3I]: Ctrnnily A,-t. I I(iii)

4 Commented [DKU2I: Cernrndy An. I I(iv), with grammatical

(AGM 2012)

(c)

Should a member of a Branch Executive who is receiving an honorarium

pursuant to this paragraph fail to meet his or her obligations as outlined in the
Policies and Procedures, the Board of Directors, at its sole discretion, may
reduce the honorarium accordingly.

17

Commented (DKt.333: P.cwonling oreunent An. 11(v) no

change in intent olexiuting articiC.

BY-LAW NO.7
1.

GENERAL MEETINGS

REGULAR GENERAL MEETINGS

(a)

There shall be two (2) Regular General Meetings a year of the Corporation
at which the business of the Corporation shall be discussed. All active
members in good standing may attend and participate in the meetings. One
meeting shall be held in the month of May and will be known as the Spring
Board Meeting (SBM). The other meeting shall be held in the month of
October and will be known as the Annual General Meeting (AGM). The
date and place of each meeting shall be determined by the Board of
Directors. Notification of meetings shall be given to all members not earlier
than fifty (50) days and not later than ten (10) days prior to such meetings.
(SOM 20121

Commented LOKU4I: UpdaLo bi,goa from camon An.

4(c). Nocicc period rrducr,i from 2 months to 10 clays as
by lcisltumn.

(b)

Only members of the Board of Directors and active members in good

standing who are voting delegates as determined below, shall be eligible to
vote at a Regular General Meeting.
The number of voting delegates at a Regular General Meeting shall be
determined as follows:

(i) Uniform voting delegates: each Branch shall be entitled to

one delegate for the first 1 to 100 uniform members, a second
delegate for 101 to 300 uniform members, and a third delegate
for 301 or more uniform members; and,

Commented DKL35) CarteatlyAn. 12(v)

(ii) Civilian voting delegates: Branches 1, 5, 6, 8, 9, 1 OS, 11, 12S,

16 and 17 shall be entitled to one delegate each. Branches 5,
lOS and 12S shall share a second delegate on a rotational
basis. Branches 2 and 7 shall be entitled to receive two
delegates each. Branch 18 shall be entitled to three delegates.
Branches 3 and 4 shall share one delegate on an alternating
annual rotational basis. Branches 13, 14 and 15 shall share one
delegate on a rotational basis. In the event that a branch is
unable to fill its delegate allotment, the Board may allot that seat
at its discretion. (AGM 2012)
(c)

Fifty (50) days prior to a Regular General Meeting, the Board of Directors
shall notify the Branch Secretaries of the number of delegates to which each
Branch is entitled. The Branches shall s&ect their delegates in accordance
with their Branch By-Laws. The Secretaries shall notify the Head Office of
the names of the Branch Delegates and any alternates no later than forty
(40) days prior to the meeting. The Chief Administrative Officer shall
18

Commented [P1(1.37]: tw lasgoage.

Commented [0(03.8): Carrendy at

art.

2(m)

prepare a list of voting delegates and alternate voting delegates for each
Regular General Meeting.: Th? Branch Secretaries shall notify Head office
forthwith of any changes to the names. Should a voting delegate be unable
to attend a General Meeting, or any portion thereof, an alternate voting
delegate from the same Branch may take the place of the vpting delegate
and shall have all the rights of a voting delegate. (SBM 2012)
(d)

The following business (and elections if required at an AGM) shall be

transacted at a Regular General Meeting:

fcommented[DxL39]:curicndyatM.14h.
Commented [DKL4O]: Currendy at An. (2(m)

Commented [01(1.41]: Conl&Ia(i,,n orcuis,mn An. 14(d) & (a)

(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)

Calling the meeting to order.

Appointment of Sergeant at Arms.
Approval of the Minutes of the last General Meeting.
Chief Administrative Officers Report.
Chief Administrative Officers Financial Report.
Reports of Committees.
Nominations for the Board of Directors.
Unfinished Business.
New Business.
Ejection of Directors.
Installation of Directors.
Such other business, resolutions, matters and things as may
properly be brought before the meeting.
(xiii) Adjournment.
V

2.

SPECIAL GENERAL MEETINGS

(a)

(b)

(c)

3.

In the case of unforeseen circumstances or emergencies, a Special

General Meeting may be called by the President or Vice President or a
majority of the Board of Directors, or any ten Branch Presidents. Individual
notice of a Special General Meeting shall be given to all members at least
10 days prior to such a meeting.
Persons eligible to vote at a Special General Meeting shall include those
who were eligible to vote at the most recent preceding Regular General
Meeting.
A Special General Meeting may be in person, by way of teleconference, or
by way of videoconference.

POWERS
19

Commented [01(1.42): Amulgmation tI An (4(1. (f).&

,je)eLic,n of An. 14(i). wILh addidnu of r,ntic U, all memhers required
under the Cmpurarions Act.

Commented [01(1.43): Ncw luafaau.

Commented [01(1.44]: New auougc.

A Regular General Meeting or a Special General Meeting constituted under this

By-Law shall be deemed to have and shall have for all purposes, all the powers
of a meeting of the members of the Corporation.
4.

ComrnentedDKL45):Cun,mayAr 14(g)

QUORUM
There must be at least a majority of the eligible voting delegates as well as a majority
of the Board of Directors present to constitute a quorum at a Regular or Special
General Meeting. (SOM 2012)

5.

RULES OF ORDER

Commented ID)O.46):Curn,,IIyArt.27

(a)

The President shall preserve order and decorum, and decide questions of
order or practice, stating the rule applicable. His/her decision shall be subject
to an appeal to the Corporation in General Meeting.

(b)

The President shall not vote on any motion unless on an equal division,
except in the election of Directors.

(c)

Every member shall, when speaking, address the President.

(d)

When two or more members wish to speak at the same time; the President
shall decide who is to speak first.

(e)

When the President is putting a question, no member shall speak or move

about the meeting room.

(f)

No member, while speaking, shall be interrupted except upon a point of order.

(g)

When a member is called to order, he/she shalt resume his/her seat until the
question of order is decided; he/she may, however, be permitted to elain,
but in no case to introduce a new matter.

(h)

When the ruling of the President is appealed against, helshe shall without
debate put the question in the following words: Shall the ruling of the
President be sustained?Helshe shall have the right to state his/her reasons
for the decision given.

(i)

No member shall use improper language, nor speak beside the question in
debate.

(j)

No member shall speak more than once on the same question, nor longer
than ten minutes, without the permission of the President, except the mover,
who shall have the right to reply, after which the debate shall close.
20

(k)

A motion tb adjourn shall always be in order, except when it was the next
preceding motion.

(I)

A member may require the motion under discussion to be read for hislher
information at any time during the debate, except when another member is
speaking.

(m)

A motion may be withdrawn at any time before decision by permission of the

meeting.

(n)

When a question is being debated, no motion shall be received except to

amend, to postpone, to lay on the table, the previous question, or to adjourn.

(0)

On the call of five members, the previous question shall be put and, until
decided, shall preclude afl amendments or debate, and shall be submitted in
the following words: Sha(l the vote on the main question now be taken?

(p)

All motions, before being debated, shall be read by the Recorder.

(q)

No motion to amend an amendment to an amendment shall be received.

(r)

The Yeas and Nays shall be taken only upon the request of seven members.

(s)

Any member refusing to take their seat when ordered by the President may
be suspended by the President for the session.

(t)

Where a resolution or motion has been received from the floor at any General
Meeting and where, in the opinion of the Board of Directors, after their
appropriate study, such motion or resolution, if implemented, would be
harmful to the interest of the Corporation or impossible to implement, the
motion shall be tabled and the Board of Directors shall return such motion or
resolution together with their recommendations to the next such meeting.

(u)

In all unprovided cases the President shall decide, but hisi1er decision shall
be subject to an appeal to the meeting and generally the rules, forms and
customs of the Parliament of Canada shall be followed.

21

BY-LAW NO.8

COLLECTiVE AGREEMENT NEGOTIATION, RATIFICATION

AND REFERENDUM VOTES

ONTARIO PROVINCIAL POUCE ASSOCIATION

NEGOTiATING COMMITTEE

(a)

(b)

2.

The President shall appoint members of the Ontario Provincial Police

Association Negotiating Committee from the Board of Directors and Officers
of the Corporation. The Committee shall prepare, or cause to be prepared,
all briefs for presentation to the Government of Ontario, or otherwise, for all
contracts or agreements, and specifically the Collective Agreement, on behalf
of the Corporation.
The Board of Directors shall have authority to conclude all agreements
negotiated by the Committee on behalf of the Corporation except for a
Collective Agreement for which it must first receive confirmation by way of a
ratification vote by that portion of the membership to whom the Collective
Agreement applies.

Commented [0KL47): Currently An. [7(a).SUght ltngusc

urncndn,ent tu tvflct neynciatior with C ruemmenc. em

Lclaturrt

olOntao.

Commented [DKL48]: CrtrrenUy Art. 179(1. Langaa,e wnen&

to reflect center pmcticc, i.e afkcted tortk otnnctribrrcthip retilica
its recscctive collrcUvr, arrXment. earl other
otintori arglmcrrts
dt> not rerjuire rdtilicat)on.

RATIFICATION VOTES
In order to ratify a Collective Agreement or any other agreement that requires

ratification by the active members of the Association, a ratification vote shall be held.
The ratification vote shall be conducted by way of an electronic vote in a manner
determined by the Chief Administrative Officer, Electronic voting shall occur over a
7 day period. The Chief Administrative Officer shall communicate the results to the
Board of Directors and the membership of the Corporation forthwith.
(SBM 2012)

3.

REFERENDUM VOTES

Questions that are considered to merit a referendum vote by the Board of Directors
or bya General Meeting shall be dealt with in the same manner as a ratification vote.

22

Commented EDICL.491: Ar, rhhreviatc,j vcrtrion of the current

Art. (9(b).

BY-LAW NO.9

F1NANCIAL
Coinment.ed tOKLSO]: Ncw ngu, undgainatin evrai
,cction.c f At 7 ani An. 2fl(a.

GENERAL
The Chief Administrative Officer shall be responsible for the collection, depositing,
expenditure and accounting of all monies belonging to the Coiporation. The Chief
Administrative Officer shall report regularly to the Board of Directors regarding
financial issues and shall present Financial Feports at Regular General Meetings.
2.

DUES
(a)

3.

The Voting Delegates may each year, at the Annual General Meeting, or at a
Special General Meeting called for that purpose, set the dues to be paid by
each member, and such dues shall be altered prior to the next Annual
General Meeting only by a Special General Meeting called for that purpose.

(b)

The dues for uniform members, as established by the Annual General

Meeting in 1997, are set at 1.25% of a First Class Constables salary, plus
$9.00 per pay to fund the Legal Assistance Plan. (SOM 2012)

(c)

The dues for civilian members, as established by the Spring oard Meeting
in 2001, are set at 1.375% of their base salary, plus $2.00 per pay to fund the
Legal Assistance Plan. (SBM 2012)

EXPENDITURES

Comme
-

Commented EDKL5Z): Cunniy At 20(a). Languaie

aimplified.

(a)

The Board of Directors is authorized to approve and make payment of all

accounts and bills of the Corporation.

(b)

Any two of the President, Vice-President, Directors, Chief Administrative

Officer, or Officers of the Corporation may sign cheques for legitimate
expenditures of the Corporation.

(c)

The Board of Directors, Chief Administrative Officer, Legal Officers,

Executive Officers, Committee Members and persons elected or appointed
by the General Meeting, are to be reimbursed by the Corporation for
expenses incurred in attending to all business of the Corporation. in addition
to the payment of accommodation and meals and such incidental expenses
as may be necessary, allowance will be made for transportation on a mileage
basis. This subsection shall not be construed to authorize the payment of
expenses to members or delegates attending General Meetings of the
23

Corporation, otherwise than in accordance with subsections (d) and (f)

hereof.

4.

(d)

All accredited delegates to the General Meetings from each Corporation

Branch are to be reimbursed by the Corporation for expenses incurred in
attending any General Meeting. In addition to the payment of accommodation
and meals, and such incidental expenses as may be necess&y, allowance
will be made for transportation on a mileage basis. The payment for such
mileage expense shall not exceed the rate set out in the Policies and
Procedures of the Corporation.

(e)

Those accredited delegates entitled to compensating time under the

Collective Agreement who do not receive adequate compensating time off to
attend a General Meeting shall be entitled to a per diem allowance based on
the base daily pay of the delegate for those days not compensated for and
taken off at the members own expense.

(f)

The Board of Directors may authorize an accountable advance to any

member of the Board of Directors, Committee Members or Delegates for any
expenses that may be incurred while carrying out duties on behalf of the
Corporation.

CONTRACTS
Contracts and engagements on behalf of the Corporation shall be signed by the
President or Vice-President and the Chief Administrative Officer, or their delegates,
and the Chief Administrative Officer shall affix the seal of the Corporation to such
instruments requiring same.

5.

Ioi&ntIVP and CO to cblcgntc tigning authoity.

EMPLOYMENT CONTRACTS
Employment contracts for the Chief Administrative Officer, Executive Officers and
Legal Officers shall be negotiated by a committee designated by the President. An
employee shall not be a member of the committee negotiating his/her own contract
on behalf of the corporation.

6,

Commented tDkLS3): Cunoncly Art. 24(i). A,kk, ability or

INVESTMENTS
Monies accumulated by the Corporation may be invested from time to time, with the
subsequent approval by a General Meeting, and shall adhere to investment
policies, standards and procedures that a reasonable and prudent person would
24

Commented tDkL54]; Clarification orcaisting An. 24(b)

rohibiIion or, CO negotiating commoLs.

apply in respect of a portfolio of investments to avoid undue risk of loss and obtain
a reasonable return.
7.

..

Commented [010.55]: Updating of An. 22. removing refemnee

a tin, lwnn,rnc,. Act oral reptodog it with the cnphuratinn frnrnri
therein.

FISCAL YEAR OF THE CORPORATION

Commented [0KL56]: Curnandy An. 25

The fiscal year for the Corporation shall begin on September 1 and terminate on
the 31St day of August in each year.
8.

INSPECTION OF BOOKS AND RECORDS OF THE CORPORATION BY

Commented [DKL57): CurrentiyM.21

MEMBERS
The General Meeting shall, from time to time, determine whether and to what extent,
and at what times and places, and under what conditions or reulations, the
accounts and books of the Association, or any of them, shall be open to the
inspection of members. No member shall have any right of inspecting any account
or book of the Corporation except as authorized by the General Meeting.
9.

AUDITORS

At the end of each fiscal year, and at such other times as the General Meeting may
determine, the books and accounts of the Corporation shall be audited by a firm of
chartered accountants or certified public accountants appointed for that purpose by
the Board of Directors.

25

1CommentedDKL581:crmiUAao23

BY-LAW NO.10

CONFIRMATION AND APPROVAL

CONFIRMATION AND APPROVAL

By way of motion, two thirds of the voting delegates at the Annual General Meeting
on the 20th day of October, 2011, confirmed and approved these By-Laws, repealed
all previous By-Laws, and confirmed and approved all actions taken and decisions
made under any previous By-Laws.

26

.-..