Collaborative Law Conference Bylaws

ABC-NB-CBA Branch

 

Created by Motion at Council February 5, 2004

 

1. Name

 

This Conference of the Canadian Bar Association (the Association) shall be known as "ABC-NB-CBA Collaborative Law Conference" (the Conference).

 

2. Purpose

 

The purpose of the Conference is:

 

2.1 to promote awareness in the Province of New Brunswick of the benefits of Collaborative Law as a dispute resolution process;

 

2.2 to support practitioners of Collaborative Law in the Province of New Brunswick;

 

2.3 to liaise with other Provincial, Territorial and National sections with areas of common interest.

 

3. Membership

 

Membership in the Conference shall consist of persons who:

 

3.1 are members in good standing of Canadian Bar Association,

 

3.2 are members in good standing of the New Brunswick Law Society or the Law Society of any other provincial or territory,

 

3.3 have paid any fees prescribed by the Conference,

 

3.4 have completed all training prescribed by the by-laws of the conference,

 

3.5 agree to the policies and procedures for collaborative law as prescribed by the by-laws of the Conference and comply with them in the conduct of all collaborative law files.

 

3.6 agree to and comply with the standards of ethical practice prescribed the CBA ADR Section's 'Model Code of Conduct for Mediators' and those adopted by the by-laws of the Conference.

 

4. Conference Officers

 

4.1 The Conference shall be administered by the Conference Officers composed of:

 

4.1.1 the Chair, Vice-Chair, Treasurer, Secretary (or Secretary-Treasurer) and Immediate Past Chair who shall be the voting members, and

 

4.1.2 the Executive Director of CBA-NB or their designate shall be an ex-officio member, who shall be a non-voting member.

 

4.2 Except for the Executive Director of the CBA-NB all officers must be members of the conference.

 

5. Duties

 

The duties of the Officers are:

 

5.1 Chair - shall report to the Section Coordinator of CBA-NB or Counsel of CBA-NB, represent the Conference at National Collaborative Law Conference meetings and preside at the meetings of the Conference, oversee the performance of all activities of the Conference, report prior to each Annual Meeting of the Conference on the work of the Conference for the year just ending, and have other powers and duties usually associated with such office.

 

5.2 Vice-Chair - shall assist the Chair in the performance of the responsibilities of that office, act for the Chair during the absence or inability of the Chair to act, and have other powers and duties designated by the Chair.

 

5.3 Secretary/Treasurer - shall consult with and assist all members of the Executive Committee with the work of the Conference generally as they may request, be responsible for budget requests and the financial affairs of the Conference, recommend to the Chair financial policies for the Conference, be the custodian of all principal records and reports of the Conference, take minutes of meetings, ensure compliance with the By-laws and policies of the Conference and have other powers and duties designated by the Chair.

 

5.4 Immediate Past Chair - shall assist the Chair and Vice-Chair in the performance of their duties as they deem appropriate and be responsible for conduct of elections at the general meetings.

 

5.6 The Officers - shall have general supervision of the affairs of the Conference, may create and terminate committees and may authorize the expenditure of all monies of the Conference approved for its use

 

6. Term of Office

 

6.1 Except for the Immediate Past Chair, the Conference Officers shall be elected at a General Meeting of the Conference and shall serve for a term of two years unless the officer was elected at a meeting which was not the Annual General Meeting in which case they shall serve a term which does not last longer than first Annual General Meeting following the anniversary of their election.

 

6.2 Nothing in this section shall prohibit an officer from running for a further term of office.

 

6.3 The Immediate Past Chair shall hold office from the time of leaving the office of Chair until they are replaced by a subsequent Immediate Past Chair.

 

7. Conference Meetings

 

7.1 The conference shall have an Annual Meeting of Conference Members in the first three months of each year and if possible will take place in conjunction with the CBA-NB Mid- Winter meeting.

 

7.2 The conference shall have such other general meetings as called by the executive committee.

 

7.3 The Secretary shall send Notice of the time, place and general purpose of a Conference meeting to the members at least 10 days prior to the meeting.

 

7.4 Any notice to the members required in the By-law may be given by regular mail, facsimile or e-mail or by publication in an official publication of the Conference.

 

8. Nominations and Elections

 

8.1 The Immediate Past Chair or, if unavailable, a person designated by the Executive Committee, shall cause nominations to be solicited from the members of the conference.

 

8.2 All nominations received from Conference members that meet the requirements set out in the call for nominations shall be included in the list of candidates for the relevant office.

 

8.3 All nominations must be received at least 15 days prior to the general meeting at which the election is to be held, which date shall be the nomination closing date..

 

8.4 After the nomination closing date the Immediate Past Chair or his delegate shall forward to Conference members the list of candidates.

 

8.5 The Immediate Past Chair or, if unavailable, a person designated by the Executive Committee, shall conduct the election at the general meeting.

 

8.6 All elections shall be by secret ballot.

 

8.7 A quorum shall consist of fifty percent plus one of the members of the Conference in attendance at the general meeting.

 

8.8 If there is not a quorum at a general meeting designated for an election, or if so directed by the executive committee, the Immediate Past Chairman or his designate may conduct an election over the internet under such terms as are imposed by the executive committee.

 

8.9 At any election the candidate with the greatest number of votes is elected.

 

8.10 In the case of a tie, the Immediate Past Chair or the designated person shall cast the deciding vote.

 

8.11 The Immediate Past Chair or the designated person shall advise the Conference Officers and all candidates of the outcome of the election within 3 days of the election and the results will then be submitted to the Executive and Counsel of CBA-NB to be confirmed by Counsel.

 

8.12 The Immediate Past Chair or the designated person shall advise the Conference members of the outcome of the election withing 7 days of the election.

 

9. Representation

 

The Immediate Past President and the Conference Officers shall endeavour to ensure that the Conference Officers represent the diversity of ABC-NB-CBA’s membership especially with respect to gender and language.

 

10. Office Vacancy

 

Where an office becomes vacant, whether by death, resignation or disqualification, the remaining Executive Committee members may determine by majority vote to fill that office or leave it vacant until the next Annual General Meeting.

 

11. Removal from Office

 

11.1 Any Officer shall cease to hold office upon ceasing to be a member of the Conference.

 

12. Membership Decisions

 

Decisions binding the Conference shall be by majority vote of the members present and voting at a general meeting of the Conference.

 

13. Membership Agenda

 

13.1 The agenda for business at a Conference meeting consists of matters decided by the Officers and those submitted to the Secretary by any member 30 days in advance of the general meeting.

 

13.2 The Executive Committee may add matters arising within the 30 days preceding the Conference meeting to the agenda at the meeting.

 

14. Executive Committee Meetings

 

14.1 The Conference Officers (budget permitting) shall meet in person at least one time annually either at the ABC-NB-CBA Annual Meeting or, alternatively, at the call of the Chair.

 

14.2 The Conference Officers shall meet by telephone conference call or other means at such time as determined by the Chair or the Conference Officers.

 

14.3 Notice of the time, place and general purpose of all Conference Officer meetings shall be sent by the Secretary to each conference officer at least 7 days prior to the meeting.

 

15. Conference Officer Duties

 

15.1 The Conference Officers approve the budget request proposed by the Officers for activities for the next year, acts on any matters properly submitted to a meeting, and regularly reviews this By-law to decide whether amendments are required.

 

15.2 Between Conference meetings, the Conference Officers have full power to perform all acts and duties on behalf of the Conference in order to fulfill the purposes of the Conference, as described in Article 2.

 

16. Conference Officers Quorum

 

At least three Officers including the Chair or Vice-Chair constitute a quorum for the transaction of business. Decisions shall be by a majority vote of Officers present.

 

17. Conference Officers Decisions

 

Decisions of the Conference Officers shall be by majority vote of the officers present In the case of a tie, the presiding Officer shall cast the deciding vote.

 

18. Conference Officers Agenda

 

The agenda of a meeting of the Conference Officers consists of the matters decided by the Officers and those submitted by any member of the Conference Officers.

 

19. Amendments

 

This By-Law may be amended at any meeting of the Conference Officers by a majority vote of the Conference Officers present. Such amendments become effective upon ratification by ABC-NB-CBA Council.