These By-Laws pertain to matters of Group organization not covered by the By-Laws and Regulations of The Professional Institute of the Public Service of Canada (PIPSC) and are made pursuant to those By-Laws and Regulations.
"Institute and/or PIPSC" means The Professional Institute of the Public Service of Canada.
"Members" means those who meet the requirements of By-Law 3 herein and have taken out membership with the Institute.
"Employer" shall be as defined in the Group's collective agreement.
"Sub-Group" refers to an Applied Science and Patent Examiner Sub-Group, organized in a geographic area under the By-Laws of the Institute, which is composed of Applied Science and Patent Examiner members from that area.
"Group Executive" means the executive formed from the elected members from the Applied Science and Patent Examiner Group.
"Officer" means a member of the Group Executive who holds an office as defined in By-Law 6 herein.
“SP” means the Applied Science and Patent Examiner Group.
“President” means President of the Group unless otherwise specified.
“Vice-President” means Vice-President of the Group, unless otherwise specified.
BY-LAW 1 NAME
The name of this organization shall be the Applied Science and Patent Examiner Group (SP) of The Professional Institute of the Public Service of Canada, hereinafter referred to as the "Group".
BY-LAW 2 GROUP AIM
The aim of the Group shall be to further the professional interests of its members including the foundational science perspective; to protect the status and standards of their professions; to formulate and express the views of the members on matters affecting them, and to ensure that the interests of the Group are represented in all proceedings of the employer and of the Institute that may affect the Group. The Group Executive shall speak for the Group in dealing with the Institute. This in no way infringes on the right of individuals to approach the Institute on their own behalf.
BY-LAW 3 MEMBERSHIP
There shall be two classes of members of the Group:
3.1 Regular members shall be members of the Applied Science and Patent Examiner bargaining unit, other than those who have been excluded by legislation, who have made application and been accepted for Institute membership.
3.2 Retired members comprise those members of the Applied Science and Patent Examiner Group in good standing who have been formally retired from their professional position and who have elected to change their status to Retired members. Retired members of the 9 former groups (AC, AG, BI, CH, FO, MT, PC, PAT, SG) merged to become the SP Group shall be Retired members of the SP Group.
BY-LAW 4 RIGHTS OF MEMBERS
4.1 Notwithstanding Institute By-law 7.1.3, only Regular members shall be eligible to vote on matters related to collective bargaining negotiations, including the method of dispute resolution and the ratification of proposed collective agreements.
4.2 All members shall be eligible to hold positions on the Group Executive, nominate members for positions on the Group Executive, propose amendments to the Constitution and By-Laws of the Group, and vote on Group affairs.
4.3 All members shall be eligible to attend and speak at General Meetings of the Group.
BY-LAW 5 FINANCES
5.1 Fiscal Year: The fiscal year of the Group shall be January 1 to December 31st.
5.2 Expenditures: The Group Executive shall expend such money as it considers necessary for the conduct of the business of the Group.
5.3 Financial Records: The Group Executive shall ensure that proper accounting records of financial and other transactions are maintained.
5.4 Bank Account: The Group Executive shall maintain an account in the name: The Professional Institute of the Public Service of Canada, Applied Science and Patent Examination Group, for the deposit of the funds of the Group.
5.5 Signatures: Financial transactions shall require the signatures of any two (2) of the President, Vice-President, Secretary or Treasurer of the Group, or another executive member designated by the executive to serve as an alternate.
5.6 Auditing: Annual auditing and verification procedures shall be carried out by members of the Group who are not responsible for the administration of the funds of the Group.
BY-LAW 6 GROUP EXECUTIVE
6.1.1 Composition: The elected Group Executive shall be composed of thirteen (13) members apportioned on the basis of one (1) member from each region outside the National Capital Region (NCR) (Atlantic, Quebec, Ontario, Prairies and Northern, BC/Yukon), four (4) members from the NCR, one (1) member for the PAT classification and three (3) members at large from the 5 regions outside the NCR.
6.1.2 The Group Executive shall elect officers from their elected members at the first Group Executive meeting following the election of new members of the Group Executive. Only those members present at the meeting or present via telephone may vote for officers. Subsequently the Group Executive may modify these appointments by majority agreement among themselves. The officers of the Group Executive shall be composed of a President, a Vice-President, a Secretary, a Treasurer, a Chief Steward, a Membership Coordinator, a Communications Coordinator, a Bargaining Coordinator and a Sub-Group Coordinator. Additional officers to the maximum permitted may be appointed by the Executive.
6.2 Term of Office: The term of office of all Group Executive members shall be for three (3) years.
6.2.1 The term of office of a member of the Group Executive shall cease upon resignation, when they cease to meet the membership qualifications or upon removal from office.
6.3 Meetings: The Group Executive shall meet as frequently as is required, but at least twice a year.
6.4 Quorum: A quorum shall consist of a majority of the members of the Group Executive.
6.5 Voting: Decisions shall be by majority vote.
6.6 If the position of the President becomes vacant for any reason, the Vice-President shall become President until the end of the original term of office. The position of Vice-President shall then be filled in accordance with these By-Laws.
6.6.1 Vacancies: If a position, other than that of the President becomes vacant for any reason, the executive will appoint a replacement if 9 members of the executive support the appointee. If there are two or more vacancies with eight (8) months or more remaining in the term of office, a special election will be held to fill these vacancies.
6.7 Removal From Office: A member of the Group Executive may be removed from office for just cause by a vote of nine (9) members of the Group Executive.
6.7.1 Any member of the Group Executive who is absent from two (2) consecutive meetings of the Executive without valid reason shall be deemed to have resigned from the Executive.
BY-LAW 7 DUTIES OF THE GROUP EXECUTIVE
7.1 The duties of the Executive shall be to manage the affairs of the Group in order to promote the aims of the Group. The Executive shall be guided by the expressed wishes of a majority of members of the Group ascertained by methods lying at the discretion of the Executive. The Executive shall distribute information to the Group membership on all current concerns of the Group.
7.2 President: The President shall call and preside at all Executive meetings and all Annual General meetings of the Group; attend the appropriate meetings of the Institute; prepare an annual report to the Group Annual General Meeting.
7.3 Vice-President: The Vice-President shall assist the President in the performance of his duties and, in the absence of the President, perform the duties of that position.
7.4 Secretary: The Secretary shall be responsible for ensuring sending notices of all meetings of the Group and of the Group Executive. The Secretary shall record minutes of meetings, including attendance, maintain records and correspondence of the Group and of the Group Executive, and shall ensure that a copy of minutes are filed with the Institute.
7.5 Treasurer: The Treasurer shall maintain the financial records of the Group as required by Institute policy, prepare a financial report for each Group Executive and Annual General Meeting of the Group, submit a detailed financial statement to the Institute as required, prepare a budget for the Annual General Meeting and prepare the request for the annual allowance of the Group. Copies of the annual financial report shall be available to all Group members. The detailled financial books will be available at an executive meeting if previously requested in writing by any member of the Group Executive.
7.6 Chief Steward: The Chief Steward shall be responsible for Group Executive / Steward liaison and shall keep a current list of Stewards.
7.7 Membership Coordinator: The Membership Coordinator shall encourage all Bargaining Unit members to become members of the Institute, shall keep a current list of members and shall ensure that the members of the Group are aware of services provided by the Institute.
7.8 Communications Coordinator: The Communications Coordinator shall be responsible for communications with the membership via newsletters and other means considered effective in maintaining an informed Group.
7.9 Bargaining Coordinator: The Bargaining Coordinator shall be a Regular member,be responsible for liaison between the Executive and the Collective Bargaining Committee, be the chair of the Collective Bargaining Committee as well as serve on any Institute committees related to Institute wide bargaining issues. If the Bargaining Coordinator is not re-elected to the Group Executive during a period of active contract negotiations or the membership status of the Bargaining Coordinator changes from that of a Regular member to that of a Retired member, the person will continue to serve as a member of the Collective Bargaining Committee until final contract ratification. The replacement of the Bargaining Coordinator will be an executive member already on the Collective Bargaining Committee.
7.10 Sub-Group Coordinator: The Sub-Group Coordinator shall be responsible for the Group Executive / Sub-Group Executive liaison and shall keep a current list of Sub-Groups and Sub-Group Executives.
7.11 Committees: The Executive shall establish Standing and Special Committees as necessary, with terms of reference and membership to be decided by the Executive. Committee membership shall be drawn from amongst the Regular and Retired members of the Group and shall report to the Executive. Except where otherwise stated in these By-Laws, Committees shall consist of no fewer than three (3) members. Committees shall be dissolved by majority vote of the Executive.
7.11.1 The Executive shall appoint:
a) The Chair of any Committee and instruct the Chair to select a specified number of persons, or
b) All committee members with instructions to choose one (1) of their members as Chair.
7.11.2 If a Committee is to deal with matters that concern less than total Group membership, at least one (1) of the Committee members shall be from those affected.
7.11.3 In the event of a vacancy on the Committee, the vacancy can be filled by the Executive based on a majority vote of the Executive.
7.11.4 Any Committee, in whole or in part, may be dismissed by a majority vote of the full Executive.
7.12 Collective Bargaining Committee: The Group Executive is responsible for appointing a Collective Bargaining Committee to act on its behalf in the process of negotiating a new contract. The terms of reference of the Committee shall be determined by the Executive. The Committee shall normally be composed of up to eleven (11) Regular members, including a majority of members from the Group Executive.
7.12.1 The Collective Bargaining Committee shall be appointed for the period required to span the preparation of the Group demands to the final ratification of a new contract. Any Group Executive member on the Collective Bargaining Committee who is not re-elected to the Group Executive, will continue to be a member of the Collective Bargaining Committee until the final ratification of the new contract. Any member of the Collective Bargaining Committee whose membership status changes from that of a Regular member to that of a Retired member during a period of active bargaining will continue to serve until the final ratification of the new contract.
7.12.2 The contract proposals developed by the Collective Bargaining Committee as well as the selection of the dispute resolution method shall be based on the wishes of the Group as expressed in the collective bargaining survey.
7.12.3 All tentative collective agreements negotiated by the Collective Bargaining Committee shall be submitted to the Executive for communication to the Group members. The tentative collective agreement will be submitted to all Regular members for approval or rejection by a vote. Communication of the tentative collective agreement may be accompanied by written comments by the Collective Bargaining Committee. Ratification of a tentative collective agreement is by a majority vote of the Group members voting.
7.12.4 The Collective Bargaining Committee shall be responsible for counting ratification ballots for tentative agreements and for reporting the results to the Executive.
BY-LAW 8 ELECTIONS
8.1 The Group Executive shall appoint an Elections Committee to receive nominations for positions on the Group Executive and to conduct the elections which should normally take place in the second quarter of the calendar year. Any member of the Elections Committee who becomes a candidate in the election shall resign from the Elections Committee.
8.2 The Elections Committee shall distribute a request for nominations to all Regular and Retired members of the Group at least four (4) weeks prior to the closing date for nominations.
8.3 Nominations must be supported by at least five (5) members of the Group and the nominee must indicate a willingness to serve if elected. Regular members nominated for a position on the Group Executive must stand for election in the region in which their workplace is located. Retired members nominated for a position on the Group Executive will stand for election in the region in which their residence is located.
8.4 Nomination forms must be received at the National Office of the Institute by the close of business on a date to be determined by the Elections Committee. In the event that insufficient nominations are received, the Elections Committee shall attempt to obtain the names of additional persons willing and able to fill the remaining positions.
8.5 The Elections Committee shall scrutinize the nominations for eligibility. In each Region, if the number of candidates exceeds the number of positions to be filled, the Elections Committee will arrange for ballots to be distributed to all members in that Region eligible to vote in the election, or if the number of candidates in a region is equal to or less than the number of positions to be filled, the candidates shall be elected by acclamation. All members may vote only for candidates running in their respective region.
8.6 Ballots listing the nominees in alphabetical order shall be mailed to the membership at least thirty (30) days prior to the date set as the deadline for the return of ballots.
8.6.1 Ballots must be received at the National Office of the Institute by the close of business on a date to be determined by the Elections Committee.
8.6.2 Ballot envelopes not conforming to the procedures established by the Elections Committee will automatically be rejected together with the enclosed ballot.
8.7 In a three (3) year cycle, elections for the "National pool" will be held for the three (3) members at large from the five (5) regions outside the NCR, two (2) members from the NCR, and the one (1) PAT member during the first (1st) year. During the second (2nd) year, elections for the "Regional pool" will be held for the one (1) member from each of the five (5) regions (Atlantic, Quebec, Ontario, Prairies, and BC/Yukon) and two (2) members from the NCR. During the third (3rd) year, no elections will take place. In all cases the candidates will be ranked in order of the number of ballots received.
8.8 The Elections Committee shall communicate the results of the election to the membership as soon as possible.
8.9 The newly elected Executive shall take office at the first Executive meeting following the announcement of the results of the election.
BY-LAW 9 GENERAL MEETINGS OF THE GROUP
9.1 Annual General Meeting
9.1.1 The Annual General Meeting of the Group is its supreme governing body.
9.1.2 The Group Executive shall call an Annual General Meeting of the Group at least once each calendar year with the interval between such meetings not to exceed fifteen (15) months. The Executive shall give at least sixty (60) days notice in writing to the membership of the convocation of an Annual General Meeting of the Group.
9.1.3 Any Annual General Meeting shall consider and vote on resolutions presented to it. Such resolutions must be submitted in writing to the Executive at least twenty (20) calendar days prior to the date of the Annual General Meeting.
9.1.4 Any changes to the agenda of a meeting shall require the approval of a simple majority of the members present at the meeting.
9.1.5 Delegates: One delegate shall be chosen for each 200 Regular and Retired members by geographic region. The Group Executive shall determine the selection of delegates or approve substitutes.
18.104.22.168 Each member of the Group Executive shall be a delegate and shall not count as one of the delegates from their respective region.
22.214.171.124 The number of members in each Region and the total number of members shall be the number determined from the members at the time of the last Executive meeting preceding notice of the Annual General Meeting.
126.96.36.199 Substitutes: Any delegate may be represented by a substitute who shall be authorized, in writing, by the delegate and upon filing such authorization with the Group Executive, the substitute shall be entitled to vote and take part as though he were a delegate. No person shall carry more than one (1) vote.
9.1.6 Quorum: A majority of the delegates accredited shall constitute a quorum at an Annual General Meeting of the Group.
9.1.7 Agenda: The agenda shall include but not be limited to the following items:
Approval of the Agenda
Adoption of the Minutes of the previous Annual General Meeting
Business Arising from the Minutes
Report of the President
Annual Financial Report and Budget
9.1.8 Voting: Only accredited delegates present at the Annual General Meeting are eligible to vote. Voting shall normally be by a show of hands and each member shall have one (1) vote. Proxy voting shall not be permitted. Decisions shall be by a majority vote of those present and voting. Any delegate present may request that a vote be by secret ballot and such request shall be decided by a majority vote of those present and voting.
9.2 Special General Meetings
9.2.1 A Special General Meeting of the Group may be called by the Group Executive or at the written request of at least three hundred (300) voting members of the Group. This meeting shall be held within six (6) weeks of such call or request. Only the matter(s) for which the Special General Meeting was called shall appear on the agenda.
9.2.2 The same requirements shall apply to the delegate entitlement, quorum and voting at Special General Meetings as are prescribed for the Annual General Meeting.
9.3 Institute Annual General Meetings: The Group Executive shall arrange for the appointment of Group delegates to Institute Annual or Special General Meetings within the limitations given in the Institute By-Laws.
9.4 Advisory Council: The Group Executive shall appoint a representative to the Advisory Council.
9.5 Institute Board of Directors: To ensure that Group interests are represented on the Institute Board of Directors, the Group Executive shall endeavour to nominate at least one (1) of its members to stand for election.
9.6 Other Institute Committees: The Group Executive may, on request, recommend representatives to other Institute committees. Members so appointed need not be Group Executive members, but shall be accountable to the Group Executive when representing the interests of the Group.
BY-LAW 10 SUB-GROUPS
10.1 Each Sub-Group shall elect an Executive in accordance with Institute By-Laws. Sub-Group Executives shall be elected to office by the Regular and Retired members of the geographic area. The Sub-Group Executive may arrange its own activities and make its own Regulations provided that such are consistent with the By-Laws and Regulations of the Institute and the Regulations of the Applied Science and Patent Examiner Group.
BY-LAW 11 RULES OF PROCEDURE
At any meeting of the Group or Group Executive, matters of procedure, insofar as they are not specifically provided for, shall be governed by a majority vote of the members present and voting on the matter of procedure. The Chair of such meeting shall first rule on any matter of procedure or order and shall, in the absence of any By-Law to the contrary, rely upon the advice of a Parliamentarian and be governed by the latest version of Sturgis' Standard Code of Parliamentary Procedure.
BY-LAW 12 CONSTITUTION AND BY-LAWS
12.1 These By-Laws may be amended at an Annual or Special General Meeting of the Group. In either case, approval for amendments requires a two thirds (2/3) majority of those voting.
12.2 All proposals for amendments to these By-Laws shall be submitted, in writing, to the Executive. Copies of all proposed amendments shall be included with the notice of the Annual or Special General.
12.3 This Constitution and By-Laws takes effect upon the ratification by the Group and receiving approval of the Institute Board of Directors. New constitutions and By-Laws as well as any amendments shall be submitted to the Institute’s By-Laws and Policy Committee for review.
BY-LAW 13 REGULATIONS
13.1 The Executive may make such Regulations, not inconsistent with these By-Laws, as it deems appropriate for the operation of the Group.
13.2 All proposed Regulations and amendments thereto shall be submitted to the Institute for review and approval. They shall take effect on a date determined by the Group Executive, but not earlier than the date they were approved by the Institute.
13.3 Each such Regulation shall be presented to the next General Meeting of the Group, and may be rescinded or amended by such meeting.
BY-LAW 14 STEWARDS
Subject to the Institute By-Laws and Regulations, Group members in a specific area of jurisdiction may elect / nominate a Steward or the Group Executive may nominate a Steward. Stewards shall be the official representatives of the Institute for their own and other Groups at a given location or locations. Stewards are appointed by the Institute.
BY-LAW 15 CONTEXT AND GENDER
In this Constitution and By-Laws, expressions in the masculine or feminine gender, in plural or in singular, may be substituted to give effect to the true meaning of the Constitution and By-Laws.
BY-LAW 16 DISCIPLINE
Any member of the Group, including members of the Group Executive, may, as provided for in the Institute By-Laws and Regulations, be disciplined by the Group Executive for conduct which in any way adversely affects the interests or reputation of the Group.
Approved by the Board of Directors
24 September, 2005
Approved by the Board of Directors
10-11 August, 2009