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Bylaws

Council

12(1) Composition of Council

The Council shall consist of the following persons who are resident in the Province:

  • The voting members of the Executive Committee;

  • 11 members elected by the members of the Branch, as follows:

    • One member elected from each of the following judicial districts:

      • Bathurst

      • Campbellton

      • Edmundston

      • Miramichi

      • Woodstock

    • Two members elected from each of the following judicial districts:

      • Fredericton

      • Moncton

      • Saint John

  • The chair of each section, conference, and standing or special committee;

  • A student representative from each of the Province's law schools;

  • The dean of each of the Province's law schools or their designate;

  • The president of the Law Society or their designate;

  • The following non-voting members:

    • The Attorney General of the Province or their designate;

    • Past Presidents of the Branch;

    • Past Presidents of the National Association; and

    • Members of standing committees of the National Association;

  • Any other members of the Branch that Council may appoint by resolution.

12(2) Term of Office

The term of an elected member of Council shall be two years, and he or she may be elected for a maximum of three consecutive terms.

12(3) Re-election after Term Limit

A person who has served three consecutive terms as an elected member of Council may seek election again under paragraph (1)(b) if they have not been an elected member of Council for at least two years. If elected, for the purposes of subsection (2), the person shall be deemed to be serving their first term.

12(4) Vacancies

A vacancy among the elected members of Council may be filled by resolution of Council and, in the interim, may be filled by the Table Officers.

Duties and Powers of Council

13(1) General Powers

The duties and powers of Council are as follows:

  • To carry on the work of the Branch in accordance with the by-laws;

  • To control, formulate policy for, and administer the Branch, with all necessary or incidental powers to perform these duties;

  • To supervise and direct the Table Officers, the Executive Committee, the sections, the committees, and the employees and agents of the Branch;

  • On a question relating to the substance of the law, the administration of justice, or the policy of the Branch, Council may—by majority vote—direct a referendum of the Branch members. A majority of the votes cast in the referendum determines the policy of the Branch regarding the submitted question;

  • To appoint editorial boards responsible for establishing, reviewing, and ensuring implementation of editorial policies and guidelines for the official publications of the Branch;

  • To pass regulations for the better administration of the affairs of the Branch and to amend and repeal them.

13(2) Specific Powers

Without limiting the generality of subsection (1), and in accordance with the by-laws, Council shall:

  • Call special meetings of the Branch at the call of the President or upon written request of not fewer than five members of Council;

  • Ratify or refuse to ratify the location of the annual meeting and mid-winter meeting of the Branch;

  • Fill vacancies on Council, the Table Officers, and the Executive Committee;

  • Appoint the Chair of Section Activities;

  • Appoint Branch representatives on the Board of Directors of the Canadian Bar Insurance Association;

  • Appoint Branch section chairs;

  • Ratify or refuse to ratify interim vacancies filled by the Table Officers or Executive Committee;

  • Receive reports on the activities of the sections;

  • Receive reports from the Table Officers and the Executive Committee;

  • Meet in regular and special meetings;

  • Appoint members of standing committees (other than the Nominating Committee);

  • Establish special committees and appoint their members;

  • Receive, consider, and adopt or reject (in whole or in part) reports of standing and special committees;

  • Approve the annual budget of the Branch;

  • Refer to any section matters on which it is desired that the section make inquiry and report.

Proceedings of Council

14(1) Meetings

  • Council shall meet at least three times per year in regular meetings.

  • One regular meeting each year shall be held in conjunction with the mid-winter meeting, which will also serve as the annual meeting under section 4.

  • Council shall meet in a special meeting when called by the Executive Committee.

  • Not less than ten days’ notice of all meetings of Council shall be given to members. This notice must:

    • Be in writing;

    • Be sent to the address or email address of each member as listed in the Branch's records;

    • For special meetings, include the purpose for which the meeting is called.

14(2) Quorum

Quorum for a meeting of Council is ten voting members.

14(3) Attendance Requirement

An elected member of Council who fails to attend two consecutive meetings may be removed by a majority vote of Council members.

14(4) Voting Rights

  • A member of Council, except a non-voting member, has the right to notice of meetings and to vote.

  • A non-voting member of Council has the right to notice of meetings and a deliberative voice, but no vote.

14(5) Attendance by Non-Council Members

A member of the Branch who is not a Council member has the right to attend all Council meetings and may, with the permission of the chair, have a deliberative voice, but not the right to vote.