BY‑LAWS OF THE
BRITISH COLUMBIA RUGBY UNION
as amended January 31, 2010
Part 1 ‑ Interpretation
1.01 (1) In these by‑laws, unless the context otherwise requires,
(a) “Club” means a club, society or union of clubs, which sponsors and organizes one or more Teams to play Rugby in a Union-sanctioned league or competition;
(b) "directors" means the directors of the Union for the time being and “Board” means the board of directors of the Union;
(c) “members” means the members of the Union for the time being;
(d) "registered address" of a member means his address as recorded in the register of members;
(e) “Rugby” means the game of Rugby Union as framed and interpreted from time to time by the International Rugby Board;
(f) "Society Act" means the Society Act of the Province of British Columbia from time to time in force and all amendments to it;
(g) “Representative Team” means a team of individual Associate Members selected by a union of Clubs or the Union to represent such union or the Union in Rugby play;
(h) “Team” means a team (other than a Representative Team) of individual Associate Members registered as a team by a Club with the Union to play Rugby in a Union-sanctioned league or competition; and
(i) “Union” means the British Columbia Rugby Union.
(2) The definitions in the Society Act on the date these by‑laws become effective apply to these by‑laws.
1.02 Words importing the singular include the plural and vice versa; and words importing a male person include a female person and a corporation.
Part 2 ‑ Membership
2.01 Members shall be admitted to and removed from membership as provided in these by-laws. The rights, duties and privileges of members shall be as set out in these by-laws.
2.02 The members of the Union shall be those persons, teams, organizations or groups who are appointed as members or whose applications for membership in the Union are accepted by the directors.
2.03 A person, organization or group, upon approval shall be admitted to membership as a FULL MEMBER, an ASSOCIATE MEMBER, or an HONORARY LIFE MEMBER, provided that the proposed member:
(a) has a permanent mailing address;
(b) pays such fee as may be prescribed by the directors at the time of its approval of the application for membership; and
(c) in the event it is an organization or group, it:
(i) does not purport to represent an area or group already partly or wholly represented by a member of the same category of membership in the Union, except with the written consent of such member; and
(ii) is administered, managed or controlled by a committee or similar body appointed or elected by its members at a duly convened annual meeting of its members, and the admission to membership will not conflict with the Laws of Rugby promulgated from time to time by the International Rugby Board.
2.04 FULL MEMBERS. The directors may admit to Full Membership:
(a) a Team; and
(b) a Club; and any Full Member prior to the adoption of these by-laws which is not a Team or a Club shall cease to be a Full Member on the adoption of these by-laws.
2.05 ASSOCIATE MEMBERS. The directors may admit to Associate Membership:
(a) a society, or similar organization within British Columbia whose member Clubs or Teams play Rugby within British Columbia;
(b) the Rugby organization at the University of British Columbia;
(c) a referees' society within British Columbia, the members of which referee matches of Rugby within British Columbia;
(d) a secondary or elementary school located within British Columbia that fields one or more teams playing Rugby from its student population; and
(e) any individual interested in Rugby.
2.06 HONORARY LIFE MEMBERS. The directors shall admit to Honorary Life Membership a person approved by a majority of the Full Members of the Union voting at a general meeting of the Union upon the proposal of the directors therefor in recognition of such person's interest, support and service to Rugby.
2.07 All members, in good standing, shall be entitled to attend meetings of the members.
2.08 Only Full Members, in good standing, shall be entitled to vote at meetings of the members.
2.09 The directors may from time to time recommend the fees, dues, subscriptions or levies, if any, to be paid by members and which may vary depending on category of membership.
2.10 Each Full Member and Associate Member shall be in good standing provided that such member:
(a) shall have paid the annual dues set by the directors for such membership or all other monies owed by it to the Union not later than thirty (30) days after notice in writing from the Union for payment;
(b) in the case of member Clubs and societies, shall deliver to the secretary of the Union not later than thirty (30) days after notice in writing from the secretary of the Union its Statement of Annual Accounts for the preceding financial year of the member together with any other requested financial information and a copy of its current constitution, by‑laws, rules or regulations;
(c) shall continue to be engaged in the playing, administration or support of Rugby within British Columbia;
(d) shall not be in conflict or non‑conformity with the Laws of Rugby promulgated from time to time by the International Rugby Board;
(e) shall maintain its permanent mailing address and shall have advised the secretary of the Union of any change thereof;
(f) shall remain in compliance with the constitution and by‑laws of the Union;
(g) conducts it affairs to the satisfaction of the directors, which satisfactory conduct shall be presumed in the absence of a resolution by majority of the directors to the contrary; and
(h) shall not have resigned from membership, died, been found incapable of managing his or her own affairs by reason of mental or physical infirmity, been dissolved or been expelled in accordance with these by-laws.
2.11 A member may resign from membership in the Union by delivery of a written notice of resignation to the Union at its registered address, which shall be effective upon the date of actual receipt thereof by the Union.
2.12 A member may be suspended from membership by the directors without notice upon the event of it failing to maintain the conditions of its membership category.
2.13 In the event that a member shall be suspended from membership by reason of section 2.12, such member shall be expelled upon the expiration of twelve (12) months from the date of the commencement of the suspension unless the member shall have corrected the deficiency to the satisfaction of the directors.
2.14 A corporation, a society and an individual under the age of majority may, in the discretion of the directors, be admitted as a member of the Union.
2.15 Every member shall uphold the constitution and comply with these by‑laws.
2.16 Any member who ceases to be a member of the Union forfeits all rights, claims, privileges or interest arising from membership in the Union.
2.17 Each Honorary Life Member shall remain in good standing unless such member shall have resigned from membership or shall have died.
Part 3 ‑ Meetings of Members
3.01 General meetings of the Union shall be held at such time and place, in accordance with the Society Act, as the directors decide.
3.02 Every general meeting, other than an annual general meeting, is an extraordinary general meeting.
3.03 The directors may, whenever they think fit, convene an extraordinary general meeting and must convene such a meeting upon written requisition therefore signed by not less that ten (10%) percent of the Full Members, upon notice in writing, or e-mail, or fax therefore of not less than fourteen (14) days, which requisition specifies the business and purpose for such a meeting
3.04 (1) Notice of a general meeting shall specify the place, the day and the hour of meeting, and, in the case of special business, the general nature of that business.
(2) The accidental omission to give notice of a meeting to, or the non‑receipt of a notice by, any of the members entitled to receive notice does not invalidate proceedings at that meeting.
(3) No business shall be conducted at an extraordinary general meeting of the members of the Union except as may be set forth in the notice of the meeting.
3.05 There shall be an annual general meeting of the members of the Union during June of each year, or at such other time as the directors may determine but not greater than 15 months after the adjournment of the previous annual general meeting, upon notice in writing, or e-mail, or fax therefore of not less than twenty-one (21) days, to all Full Members in good standing advising of the time, place, date and agenda for the annual general meeting.
3.06 The Agenda for the annual general meeting shall contain the following business:
(a) Approval of the Minutes of the last annual general meeting;
(b) Report of the treasurer, and the appointment of an Auditor to hold office until the next annual general meeting;
(c) Receipt of the financial statements;
(d) Fixing of annual and admission dues and fees;
(e) Reports of the directors;
(f) Reports of the committees of the Union;
(g) Election of the directors of the Union;
(h) Amendments to the constitution or by‑laws of the Union;
(i) Other Business; and
3.07 A resolution in writing, signed by all the Full Members of the Union, and placed with the minutes of the members is as valid and effective as if regularly passed at a meeting of members.
Part 4 ‑ Proceedings at General Meetings
4.01 Special business is:
(a) all business at an extraordinary general meeting except the adoption of rules of order; and
(b) all business that is transacted at an annual general meeting except:
(i) the adoption of rules of order;
(ii) the consideration of the financial statements;
(iii) the report of the directors;
(iv) the report of the auditor, if any;
(v) the election of directors;
(vi) the appointment of the auditors, if required; and
(vii) such other business as, under these by‑laws, ought to be transacted at a general meeting, or business which is brought under consideration by the report of the directors issued with the notice convening the meeting.
4.02 (1) No business, other than the election of a Chair and the adjournment or termination of the meeting, shall be conducted at a general meeting at a time when a quorum is not present.
(2) If at any time during a general meeting there ceases to be a quorum present, business then in progress shall be suspended until there is a quorum present or until the meeting is adjourned or terminated.
(3) Subject to section 4.03, a quorum for a general meeting of the members is the presence of the greater of (a) the authorized representatives of ten (10) Full Members and (b) the authorized representatives of not less than twenty-five (25%) percent of Full Members, present in person or by proxy.
4.03 If within 30 minutes from the time appointed for a general meeting a quorum is not present, the meeting, if convened on the requisition of members, shall be terminated; but in any other case, it shall stand adjourned to the same day in the next week, at the same time and place, and if, at the adjourned meeting, a quorum as defined in subsection 4.02(3) is not present within 30 minutes from the time appointed for the meeting, the members present constitute a quorum.
4.04 Each Full Member shall be entitled to one vote.
4.05 Each Club which is a Full Member must designate in writing a representative to cast its vote at each general meeting of the Union.
4.06 The representative of a Team which is a Full Member entitled to cast its vote at each general meeting of the Union shall be the representative designated pursuant to Section 4.05 for such meeting by the Club which sponsors such Team.
4.07 No person shall be entitled to cast a vote on behalf of any Full Member unless, prior to the vote, the secretary of the Union receives the written designation of the representative by the respective Club.
4.08 The president of the Union, or if the president is absent, unable or unwilling to act, the vice‑president, or in the absence, inability or unwillingness of both, one of the other directors present shall preside as Chair of a general meeting, but if at a general meeting
(a) there is no president, vice‑president, or other director present within 15 minutes after the time appointed for holding the meeting; or
(b) the president and all the other directors present are unwilling to act as Chair, the members present shall choose one of their number to be Chair.
4.09 (1) A general meeting may be adjourned from time to time and from place to place, but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
(2) When a meeting is adjourned for l0 days or more, notice of the adjourned meeting shall be given as in the case of the original meeting.
(3) It is not necessary to give notice of an adjournment or of the business to be transacted at an adjourned general meeting except as provided in this by‑law.
(a) Any Full Member may propose a motion or resolution at a meeting, but only if prior written notice of the motion or resolution has been provided to the BCRU office at least 21 days in advance of the meeting.
(b) A motion or resolution proposed by a Full Member need not be seconded.
(c) The Chair of a meeting may move or propose a motion or resolution. The Chair may move or propose a motion or resolution even if prior notice of such motion or resolution has not been provided.
(2) In case of an equality of votes the Chair shall have a casting vote but shall not otherwise be entitled to vote at a general meeting of members.
(3) Votes at a general meeting of the members shall be by show of hands, except upon the demand for a secret ballot prior to the vote being held by any person entitled to cast a vote upon behalf of a Full Member, in which event the vote shall be conducted by secret ballot.
(4) Except where required by the operation of law or by these By‑laws otherwise, votes shall be determined by a simple majority at general meetings of the members of the Union.
(5) A Club which is a Full Member in good standing may in writing appoint another member in good standing as proxy, and such proxy may vote on behalf of the Full Member at a general meeting, but any form of proxy purporting to entitle the proxy to vote at other than one meeting and any adjournments thereof is void.
4.11 (1) Any director shall be entitled to propose motions or resolutions at a general meeting of the members, but only if prior written notice of the motion or resolution has been provided to the BCRU office at least 21 days in advance of the meeting.
(2) Any director shall be entitled to speak to motions or resolutions at a general meeting of the members, but shall not be entitled to vote (unless such person is a designated representative pursuant to section 4.05 or 4.06) thereat except as Chair pursuant to subsection 4.09(2).
4.12 Except as these by‑laws may otherwise require, procedure at general meetings of the members of the Union shall be governed by the then most current edition of Robert's Rules of Order.
4.13 The authorized representative of a corporate member is entitled to speak, vote and in all other respects exercise the right of the corporate member, and that representative shall be reckoned as a member for all purposes with respect to a meeting of the Union.
4.14 All members shall be entitled to attend and subject to the direction of the Chair, speak at all general meetings of Members.
Part 5 ‑ Directors
5.01 (1) The business and affairs of the Union, except where required by these by-laws or the operation of law to be conducted by the members of the Union, shall be conducted by the directors. The directors may exercise all such powers and do all such acts and things as the Union may exercise and do, and which are not by these by‑laws or by statute or otherwise lawfully directed or required to be exercised or done by the Union in general meetings but subject, nevertheless, to the provisions of
(a) all laws affecting the Union;
(b) these by‑laws; and
(c) rules, not being inconsistent with these by‑laws, which are duly passed from time to time by the Union in general meetings.
(2) No rule, duly passed by the Union in general meeting, invalidates a prior act of the directors that would have been valid if that rule had not been made.
5.02 (1) The Full Members may by ordinary resolution from time to time determine the number of directors, but there shall be at least 9 directors in addition to the immediate past president of the Union who shall be an ex-officio director.
(2) Any individual Associate Member in good standing is eligible for election or appointment as a director.
(3) A director may resign by sending a notice in writing to the Union.
(4) The directors will expel a director from the Board who is absent without reasonable excuse from 3 successive meetings of the directors.
(5) Any director who is expelled from membership in the Union or who ceases to be a member in good standing is deemed to have resigned as director upon such expulsion or upon ceasing to be a member in good standing.
5.03 (1) Effective upon the annual general meeting to be held in 1999, the Board will be divided into three categories of directors, to be respectively designated as Group I, Group II and Group III.
(2) The initial terms of office of the directors to be elected at the annual general meeting to be held in 1999 and as classified under paragraph (1) above will be as follows:
(a) the initial term of Group I will expire at the annual general meeting to be held in 2000;
(b) the initial term of Group II will expire at the annual general meeting to be held in 2001; and
(c) the initial term of Group III will expire at the annual meting to be held in 2002.
At each annual general meeting after the initial term of each Group, directors to replace those whose terms expire at such annual general meeting will be elected to hold office until the third succeeding annual general meeting.
(3) Any director whose office has expired will be eligible for re-election.
(4) Notwithstanding the foregoing, a member who is the president, or vice-president in the year prior to becoming president, whose term as a director would otherwise expire will be automatically re-elected as a director until the annual general meeting on which his or her term of office as president expires, in which event the number of directors will be temporarily increased in order that at least 3 other directors are able to be elected at each annual general meeting for a three year term.
(5) Where the Union fails to hold an annual general meeting in accordance with the Society Act, the directors then in office will be deemed to have been elected or appointed as directors on the last day on which the annual general meeting could have been held pursuant to these by-laws and they may hold office until other directors are appointed or elected or until the day on which the next annual general meeting is held.
(6) If, at any annual general meeting at which an election of directors ought to take place, the places of the retiring directors are not filled up, those of the retiring directors as may be required by the newly elected directors will, if willing, continue in office until further new directors are elected at a general meeting specially convened for that purpose or at the annual general meeting in the next or some subsequent year, unless it is determined to reduce the number of directors.
(7) An election may be by acclamation; otherwise it may be by show of hands by simple majority of the votes cast by those voting unless a Full Member in good standing demands, prior to the vote being held, a ballot in which case the election shall be by secret ballot and shall be by simple majority of the votes cast by those voting.
(8) Any member may be nominated for election as a director by a nomination in writing signed by the nominee, one Full Member, and at least six members that:
(a) contain the full name, address and occupation of the nominee and a brief description of the qualifications and reason(s) of the nominee for running for the office of director; and
(b) is received at the registered office of the Union not less than 10 days before the general meeting at which the election is to take place.
5.04 (1) The directors may at any time and from time to time appoint a member as a director to fill a vacancy in the directors for the remainder of the term:
(a) for the remainder of the term if the term expires at the next annual general meeting, or
(b) if more than one year remains in the term, for a term to expire at the next annual general meeting, when the Full Members shall elect a member to fill the vacancy for the remainder of the term.
(2) At least one director must be a member of a club in;
(a) Vancouver Island;
(b) The Fraser Valley west of Hope;
(c) The cities or municipalities of Vancouver, Burnaby, West and North Vancouver;
(d) British Columbia outside of the areas described in (a), (b), (c) above.
The affiliation of a director at the time such person becomes a director shall be deemed to be his affiliation throughout his term on the Board,
(3) If, following an annual general meeting or at any other time, the composition of the Board is not in compliance with the provisions of the preceding by-law 5.04 (2), the Board shall have the power to appoint an additional director or directors to bring the composition of the Board into compliance. Any director so appointed shall hold office until the next annual general meeting.
(4) No act or proceeding of the directors is invalid only by reason of there being less than the prescribed number of directors in office or by reason of the composition of the Board not being in compliance with the provisions of by-law 5.04 (2).
5.05 The Full Members may by special resolution remove a director before the expiration of the director’s term of office, and may elect a successor to complete the term of office, but no director shall be removed until he or she has been given notice of the proposed action and an opportunity to be heard by the members at a general meeting.
5.06 No director shall be remunerated for being or acting as a director but a director shall be reimbursed for all expenses necessarily and reasonably incurred by the director while engaged in the affairs of the Union, and the Union may purchase and maintain insurance for the benefit of a director against personal liability incurred by a director, at the discretion of the directors.
Part 6 ‑ Proceedings of Directors
6.01 (1) The directors may meet together at such places as they think fit, adjourn and otherwise regulate their proceedings, as they see fit.
(2) The directors may from time to time fix the quorum necessary for the transaction of business and unless so fixed the quorum shall be a majority of the directors then in office.
(3) The president shall be Chair of all meetings of the directors; but if at any meeting the president is not present within 30 minutes after the time appointed for holding the meeting, the vice‑president shall act as Chair, but if neither is present the directors present may choose one of their number to be Chair at that meeting.
(4) A director may at any time convene a meeting of the directors, and on the request of a director, the secretary shall, convene a meeting of the directors.
6.02 (1) The directors may delegate any, but not all, of their powers to committees consisting of such director or directors or others as they think fit and shall designate the Chair of each such committee.
(2) A committee so formed in the exercise of the powers so delegated shall conform to any rules imposed on it by the directors, and shall report every act or thing done in exercise of those powers to the earliest meeting of the directors to be held next after it has been done.
6.03 (1) Questions arising at any meeting of the directors or of a committee of directors shall be decided by a majority of votes and each director shall have one vote.
(2) In case of an equality of votes the Chair does not have a second or casting vote.
6.04 If at a meeting the Chair is not present within 30 minutes after the time appointed for holding the meeting, the directors present who are members of the committee shall choose one of their number to be Chair of the meeting.
6.05 The members of a committee may meet and adjourn as they think proper.
6.06 For a first meeting of directors held immediately following the appointment or election of a director or directors at an annual or other general meeting of members, or for a meeting of the directors at which a director is appointed to fill a vacancy in the directors, it is not necessary to give notice of the meeting to the newly elected or appointed director or directors for the meeting to be constituted, if a quorum of the directors is present.
6.07 A director who may be absent temporarily from British Columbia may send or deliver to the address of the society a waiver of notice, which may be made by letter, fax or verifiable electronic means, of any meeting of the directors and may at any time withdraw the waiver, and until the waiver is withdrawn:
(a) no notice of meeting of directors shall be sent to that director; and
(b) any and all meetings of the directors of the society, notice of which has not been given to that director shall, if a quorum of the directors is present, be valid and effective.
6.08 Questions arising at a meeting of directors or committee of directors need not be seconded and the Chair of a meeting may move or propose a resolution.
6.09 A resolution in writing, signed by all the directors or all of the members of a committee, and placed with the minutes of the directors is as valid and effective as if regularly passed at a meeting of directors or of a committee.
Part 7 ‑ Officers
7.01 (1) Subject to these by-laws, the directors shall appoint such of their number as they see fit to hold the offices of president, vice-president, secretary and treasurer. Appointments to the office of vice-president, secretary and treasurer are for a term of one year, expiring at the next annual general meeting after his appointment.
(2) The president shall be appointed by the Board immediately following the annual general meeting in 1999 for a term expiring on the annual general meeting in 2000. Subsequent appointments to the office of president shall be for a term of two years, expiring on the second annual general meeting after appointment. The person appointed vice-president for the last year of an incumbent president’s term will be appointed as the succeeding president. A president shall not be eligible for reappointment to the office of president until two years from the expiry of his term of office as such.
(3) Any officer may be removed at any time by resolution of the directors.
(4) Notwithstanding paragraph (2), the term of president may be extended for a term of one additional year, to expire upon the third annual general meeting after the original appointment referred to in paragraph (2). This is upon receipt of an affirmative vote of sixty-six (66%) percent of the Full Members of the Union at the annual general meeting, and upon approval of the Board of Directors.
7.02 (1) The president shall preside at all meetings of the Union and of the directors.
(2) The president shall supervise the other officers in the execution of their duties.
7.03 The vice‑president shall carry out the duties of the president during the president’s absence.
7.04 The secretary shall be responsible (but may delegate) to:
(a) conduct the correspondence of the Union;
(b) issue notices of meetings of the Union and directors;
(c) prepare in consultation with the president the agendas for meetings of the directors and the Union;
(d) prepare and keep minutes of all meetings of the Union and directors;
(e) have custody of all records and documents of the Union except those required to be kept by the treasurer;
(f) have custody of the common seal of the Union;
(g) maintain the register of members;
(h) maintain the records of winners and holders of all cups and trophies for competition within the jurisdiction of the Union; and
(i) maintain the stock of Union paraphernalia, including crests, ties, caps, pins and plaques and the record of recipients thereof.
7.05 The treasurer shall be responsible (but may delegate) to:
(a) maintain and keep such financial records, including books of account, as are necessary to comply with the Society Act; and
(b) render financial statements to the directors, members and others when required.
7.06 In the absence of the secretary from a meeting, the directors shall appoint another person to act as secretary at the meeting.
7.07 The offices of secretary and treasurer may be held by one person who shall be known as the secretary‑treasurer.
7.08 The directors may appoint other such officers, consultants, committees, agents or persons as they think fit, and define the duties, responsibilities, remuneration and authority of such persons.
Part 8 – Seal
8.01 The directors may provide a common seal for the Union and they shall have power from time to time to destroy it and substitute a new seal in place of the seal destroyed.
8.02 The common seal shall be affixed only when authorized by a resolution of the directors and then only in the presence of the persons prescribed in the resolution or if no persons are prescribed, in the presence of the president and any other director, the vice‑president and any other director, or the secretary and any other director.
Part 9 ‑ Finances
9.01 In order to carry out the purposes of the Union the directors may, on behalf of and in the name of the Union, raise or secure the payment or repayment of money in such manner as they decide and in particular but without limiting the generality of the foregoing, by the issue of debentures.
9.02 No debenture shall be issued without the sanction of a special resolution, which resolution may refer to a particular issue of debentures or may confer on the directors a general power to issue debentures for a period not exceeding one year from the date on which the resolution is passed.
9.03 The directors may invest funds of the Union at their sole discretion in securities and investments but that any such investments must be made to give the best possible return while conserving the capital invested.
9.04 The members may by special resolution restrict the borrowing powers of the directors but a restriction so imposed expires at the next annual general meeting, and no such restriction is effective against any person other than a member or a director of the Union.
Part 10 ‑ Auditor
10.01 This Part applies only where the Union is required or has resolved to have an auditor.
10.02 The Full Members, by ordinary resolution, shall appoint an auditor annually at the annual general meeting, and shall fill any vacancy in the office of the auditor.
10.03 An auditor may be removed at any time by a resolution of the Full Members.
10.04 An auditor shall be informed forthwith in writing of appointment or removal.
10.05 The auditor may attend and speak at general meetings and is entitled to receive every notice and other communication relating to a meeting that a member is entitled to receive in like manner as a member.
Part 11 ‑ Records
11.01 Documents of the Union shall be kept at the registered office unless the directors resolve otherwise.
11.02 A director and the auditor may inspect documents of the Union during normal business hours.
11.03 No member (who is not a director) nor any member of the public may inspect any documents of the Union (other than those which the directors from time to time determine by resolution shall be available or which such persons are entitled to inspect by law) and if such inspection shall be permitted, it shall be during normal business hours at the place where the records of the Union are kept if the person wishing such inspection has served the Union with 2 clear days a notice of intention to inspect, in writing, stating the documents to be inspected.
11.04 Upon request, members and directors shall be given copies of any documents open to their inspection upon payment of not more than 50¢ per page.
Part 12 ‑ Notices of Members
12.01 A notice may be given to a member either personally, by verifiable electronic means or by mail to the member at the member’s registered address.
12.02 Notice may be given to the directors or to the Union by delivery, verifiable electronic means or mail to the registered address of the Union.
12.03 A notice sent by mail shall be deemed to have been given on the day on which the notice is posted, and in proving that notice has been given it is sufficient to prove that the notice was properly addressed and put in a Canadian post office receptacle.
12.04 Notice of a general meeting shall be given to:
(a) every Full Member shown on the register of members on the day notice is given; and
(b) the auditor, if Part 10 applies.
Part 13 - Discipline
13.01 The directors shall have the power to discipline, for any infringement of the Laws of Rugby, by‑laws of the Union or conduct which in the opinion of the directors is prejudicial to Rugby or the Union:
(a) any member;
(b) any director or officer of the Union;
(c) any player, referee, touch judge, club member or executive, and visiting member of a rugby club or team in respect of activities under the direct jurisdiction of the Union; and
(d) by way of appeal, any person subject to discipline by a member of the Union, including the exercise of discipline in the event of a failure to discipline by the member.
13.02 Members of the Union shall exercise discipline in the first instance over incidents arising from activities under the jurisdiction of such members, except over incidents arising from activities under the immediate jurisdiction of the Union when discipline will be exercised directly by the Union.
13.03 The power of the directors to exercise discipline hereunder may be delegated, except in the event of an appeal, to a discipline committee to be appointed by the President.
13.04 A Discipline Committee appointed hereunder, or the directors, as the case may be, shall determine the procedure for the conduct of the inquiry subject to:
(a) reasonable and fair notice to all affected parties;
(b) reasonable opportunity, consistent with fairness and natural justice, for affected parties to be heard and to hear the evidence considered by the tribunal; and
(c) reporting to the Board, and the affected parties in writing as to the findings and disposition.
13.05 A Discipline Committee, or the directors, as the case may be, may impose the following penalties upon a person subject to the discipline of the Union hereunder or any combination thereof:
(a) no further penalty;
(c) reprimand and recording of the incident to be considered in the event of any subsequent disciplinary proceeding against the person;
(e) suspension for a specified period of time from any or all activities in playing, administration or other participation in Rugby within British Columbia;
(f) limitation or restriction upon participation in Rugby within British Columbia for a specified period of time;
(g) expulsion from any category of membership in the Union; and
(h) prohibition from participation in Rugby within British Columbia.
Section 13.06 to 13.13 were amended at the 2008 BC Rugby AGM.
13.06 The Board shall appoint individuals to form an Appeal Panel, to be available to sit as
members of Appeal Committees. The Board shall appoint a member of the Appeal Panel to be the
Appeal Committee Chair.
13.07 The Appeal Committee Chair, or the President of the BCRU if the Appeal Committee
Chair is unavailable, shall, when required, appoint members from the Appeal Panel to form Appeal
Committees to hear Appeals.
13.08 The Board may establish Appeal Rules, to govern the process and procedure for the
hearing of Appeals. Without restricting the generality of the foregoing, the Board may establish
Appeal Rules to address:
- the process for initiating an appeal
- the timelines for the initiation and hearing of an appeal
- the posting of bonds pending appeal
- the stay of a penalty pending an appeal hearing
- the basis on which an appeal of a decision of the Discipline Committee is to be heard
- the basis on which an appeal of a decision of the Competition Committee is to be heard
- the definitions of Rules Based decisions and Policy decisions of the Competition Committee
- the circumstances that must exist for an Appeal Committee to hear a matter de novo
- the circumstances that must exist for an Appeal Committee to over-turn an evidential
assessment of the Discipline Committee or Competition Committee
- the admissibility of new information or evidence on an appeal.
13.09 Any person or member club aggrieved by the disposition of a disciplinary matter by a Discipline Committee may appeal the matter to an Appeal Committee.
13.10 Any person or member club aggrieved by a Rules Based decision of the Competition Committee may appeal the matter to an Appeal Committee. Policy decisions of the Competition Committee are not appealable.
13.11 The decision of an Appeal Committee shall be final and will not be subject to further appeal.
13.12 Appeals from decisions of the Discipline Committee and the Competition Committee shall not be heard on a de novo basis, but shall be heard as appeals on the record, except in exceptional circumstances. The Appeal Rules may define the exceptional circumstance that must exist for an
Appeal to be heard on a de novo basis.
13.13 Any person or member club aggrieved by a Policy decision of the Competition Committee may submit the matter to the President of the BCRU, who may appoint a Review Committee to review the matter and to make recommendations directly to the Board in connection with the issue. The President of the BCRU shall have complete discretion as to whether or not to appoint a Review Committee, and if so, to determine the membership and scope of inquiry of the Review Committee.
13.14 No member shall permit itself or its members to knowingly participate in activities in Rugby with any person or group or organization which has been expelled from membership in the Union, is under suspension or acts contrary to and in violation of any disciplinary penalty imposed hereunder.
Part 14 ‑ By‑laws
14.01 On being admitted to membership, a member is entitled to and the Union shall give the member upon request, without charge, a copy of the constitution and by‑laws of the Union.
14.02 These by‑laws shall not be altered or added to except by special resolution.
14.03 No amendment of the constitution or the by‑laws shall be considered by the members of the Union unless:
(a) the amendment is proposed in writing by a Full Member and seconded by a Full Member and delivered to the secretary not less than twenty‑one (21) days prior to the meeting at which it is to be considered; or
(b) the proposed amendment has been approved by a resolution of the directors;
(c) in any event, the full text of the amendment proposed is circulated together with the notice for the meeting at which it is proposed to consider the amendment.
14.04 The Board, subject to ratification by the members at a general meeting, may make rules, from time to time, to direct the conduct of the business and affairs of the Union, including the procedures to be followed by committees of the Board or the Union.
14.05 All previous by-laws of the Union are repealed as of the coming into force of these by-laws, provided that such repeal shall not affect the previous operation of any by-law so repealed or affect the validity of any act done or right, privilege, obligation or liability acquired or incurred under or the validity of any contract or agreement made pursuant to any such by-law prior to its repeal. All directors, officers, and persons acting under any by-law so repealed shall continue to act as if appointed under the provisions of these by-laws, and the number of directors shall be the same as the number of directors so continuing to act, and all resolutions of the directors with continuing effect passed under any repealed by-laws shall continue good and valid except to the extent inconsistent with these by-laws and until amended or repealed.
Bylaws have been amended to include clauses giving members and directors the ability to sign consent resolutions in lieu of a held meeting. See clauses 17 and 41.