Metro Vancouver Cricket League - BY-LAWS
Part I - Interpretation
1.1 In these By-laws, unless the context otherwise requires, the following words shall have the meanings so defined: (a) the "Society" or the "League" means the Metropolitan Vancouver Cricket League. (b) "Managing Board" means the governing body of the League; (c) "club" means a club and with a team or teams that has been accepted as a member to compete in the League and other competitions; (d) "club representatives" means one representative from each club and one representative from the Umpires and Scorers Association duly named by their organization to act as their voting representative to the League; (e) "directors" or "officers" or "executive" means the president, the first and second vice-presidents, the secretary and the treasurer duly elected by the members of the League; (f) "dues" or "fees" include club assessments, entrance fee, renewal fee, suspension penalties, fines for infractions and any other expenses and charges incurred or to be incurred by the League on behalf of the member clubs and their teams as specified in the yearly budget. (g) "honorary officers" means the honorary president and honorary vice-presidents; (h) "junior team" means a team accepted on behalf of its playing members as such by the League; (i) "player" means a person registered with the League as a member of a team from a club in good standing; (j) "yearbook" includes the Metropolitan Vancouver Cricket League current schedule published on or about April of each year, which may contain or make reference to the Constitution, By-laws, dues payable, rules and regulations governing membership, different competitions, conduct of the members and playing rules. These items of governance may also be published by alternate means specified by the Executive such as but not limited to an Internet website hosted by the League. (k) "official" includes any person acting in an official or supervisory capacity on behalf of and duly appointed by the League and shall include umpires, scorers and any others named to an officiating capacity by the League. (l)"honorary life members" maybe appointed from time to time at the discretion of the Managing Board. Such appointments are to be made in recognition of outstanding contributions to cricket in Metropolitan Vancouver.
1.2 The definitions in the Society Act on the date these By-laws become effective apply to these By-laws.
2. Words importing the singular include plural and vice versa, and words importing a male person include a female person and a corporation, a club and a society.
Part II - Membership
3. Any cricket club within the Province of British Columbia shall, upon acceptance of application and upon payment of the dues on behalf of its teams and those playing members, be eligible for admission as a full member of the League in good standing.
4. Any cricket club seeking membership or renewal of membership on behalf of its playing members in the League shall make a written application accompanied with dues as set out by the Managing Board.
5. The application and the dues must be actually received by the secretary on or before the first of December of the year, for consideration for membership from January 1st to December 31st of the following year.
6. All applications for membership in the League shall be subject to approval by the Managing Board at its sole discretion and in the event of any application being rejected, the fees thus received as deposit against future dues shall be returned to the applicant.
7. Any junior team applying for membership shall be exempt from the dues but may be assessed an amount in lieu of the dues at the sole discretion of the Managing Board.
8. The dues payable by a club shall be as from time to time established by the member clubs at a general meeting of the League.
9. Every club, team and player shall abide by and comply with the Constitution, By-laws, and any rules and regulations made by the League as set out in the yearbook. The Laws of Cricket, the accepted "Code of Conduct" of Cricket and sportsmanlike behaviour are to be observed and complied with by all clubs, teams, officials and players of the League.
10. A representative properly named annually by the Executive of each club in good standing with the League, shall have voting rights at any General Meeting. The club representative will cast one vote for each team that their club has properly registered to play in the League that year.
11. A club is in good standing except upon failure to pay the dues and or upon expulsion or suspension or withdrawal. Withdrawal and Suspension
12. Any club or team shall cease to be a member of the League: (a) upon notification in writing to the Secretary of the withdrawal; (b) in the event of a club and/or a team being dissolved; (c) upon failure to pay the dues or fees as set out by the League; (d) upon being expelled or suspended.
13. Any club, team, official or player may be expelled or suspended: (a) for a willful violation of the Constitution or the By-laws or the rules or regulations as set out in the yearbook or the ethics of the game of cricket; (b) or for any unfair or unsportsmanlike conduct.
14. Any club, team or a player who is the subject of any such proposed expulsion or suspension shall be given the opportunity to be heard in accordance with the rules and regulations as set out in the yearbook.
15. Any club, team or a player who withdraws, or is expelled or suspended from the League shall upon withdrawal, expulsion or suspension forfeit all rights arising from or associated with the membership in the League.
Part III - Officers
16. (1) The officers of the League shall be elected at an annual general meeting by the members of the League for a term of two years. (2) The officers must retire from office at an annual general meeting upon proper election of their successors. (3) Separate elections must be held for each office to be filled. (4) An election may be by acclamation, otherwise it must be by ballot. (5) If a successor is not elected, the person previously elected or appointed continues to hold office. (6) The president, second vice-president and treasurer shall stand for election in even numbered calendar years. The other officers shall be elected in odd-numbered calendar years.
17. (1) The honorary officers of the League must be elected at an annual general meeting by the members of the League for a term of one year. (2) The honorary officers must retire from office at each annual general meeting or upon constitutional election of their successors. (3) Separate elections must be held for each office to be filled. (4) An election may be by acclamation, otherwise it must be by ballot. (5) If a successor is not elected, the person previously elected continues to hold office.
Part IV - Duties of the Officers
18. (1) The president shall preside at all meetings of the League, the Managing Board and club representatives. (2) The president is the chief executive officer of the League and shall supervise the other officers and the members of the Managing Board in the execution of their duties.
19. (1) The first vice-president and in his absence the second vice-president shall carry out the duties of the president during the president?s absence. (2) In the absence of both the president and vice-presidents at any meetings of the League and the Managing Board, the members entitled to vote shall choose one of their number there present to act as a chairperson at that meeting.
20. The secretary shall: (a) conduct the correspondence of the League; (b) issue notice of meetings of the League and the Managing Board; (c) keep minutes of all meetings of the League and the Managing Board; (d) keep custody of all records and documents of the League except those which are required to be kept by the treasurer; (e) keep custody of the common seal of the League and maintain the register of members.
21. The treasurer shall: (a) keep an accurate record of all moneys received and disbursed; (b) keep the financial records, including books of accounts necessary to comply with the provisions of the Society Act; (c) make a report of the affairs and finances of the League at every annual general meeting thereof; (d) have the books of the League reviewed by an internal audit committee; and (e) shall upon request issue a receipt from a duplicating book for all moneys received and shall deposit such moneys in a chartered bank, credit union or trust company.
Part V - Governance
22. The management of the League shall be vested in "The Managing Board".
23. The membership of the Managing Board shall consist of: (a) the officers of the League; and (b) seven persons elected at a general meeting (b) (i) the election of the seven persons shall be by a majority of votes; (b) (ii) for calendar year 2008 there shall be ten persons elected as in (b) and (b)(i) above (per amendment of 5 January,2008) (c) any person registered with a club in good standing with the League and themselves in good standing with that club, may stand for election to the Board.
24. The Managing Board may exercise all the powers and do all the acts and things that the League may exercise and do, and those which are not by these By-laws or by statute or otherwise lawfully directed and required to be exercised, or done by the League in general meeting, but subject, nevertheless to (a) all laws affecting the League; (b) these By-laws; (c) rules, not inconsistent with these By-laws, which are made from time to time by the League.
25. In addition to the powers, duties and authority herein conferred upon it, and without in any ways limiting its general powers, the Managing Board shall have the following powers: (a) to conduct the business of the League and control its finances and to make all expenditures in connection with the conduct and operation thereof; (b) to suspend and or expel any club and or a team and or a player as provided for heretofore; (c) to appoint a committee of inquiry to consider matters under Bylaws 13,14 and 25 (b); (d) to appoint an internal audit committee; (e) to call a General Meeting to consider and ratify a schedule and/or budget for the current year and to fix the assessment of dues by each club and a team and forthwith give notice thereof to all clubs and teams; (f) to call a General Meeting as and when it is deemed advisable; (g) to exercise its authority under By-laws 48 to 54 all inclusive.
26. (1) Business other than the election of a chairperson and the adjournment of the meeting shall not be conducted at a meeting of the Managing Board at a time when a quorum is not present. (2) If at any time 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 and shall be reconvened. (3) The quorum for the transaction of business shall be seven (7) members among the membership of the Managing Board.
27. (1) The president may call the meeting of the Managing Board from time to time to conduct the business of the League, and the Managing Board may appoint such committees and delegate such of its powers thereto as it deems advisable. (2) A committee so appointed shall conform to any rules and directions imposed upon it by the Managing Board and shall report all matters to the earliest meeting of the Managing Board.
28. If an officer or a member of the Managing Board shall be absent at three (3) consecutive meetings of the Managing Board without providing a good reason to the president (good reason shall be at the sole discretion of the Managing Board) then such an officer or a member shall be deemed to have resigned.
29. (1) The Managing Board may, at any time and from time to time, appoint an acting officer and/ or a member to fill a vacancy in the officers and or in the Management Board respectively. (2) An acting officer and/ or a member thus appointed shall hold office, only until the conclusion of the next following general meeting of the League, or for such period as the Managing Board shall decide; whichever period is shorter. (3) If an officer and or a member resigns his office or otherwise ceases to hold office, the Managing Board may appoint an acting officer and or a member to take place of the former officer and/or of a member.
30. An officer and or a member of the Managing Board shall be reimbursed for all expenses necessarily and reasonably incurred while engaged in the affairs of the League.
31. (1) The officers and members present at the meetings of the Managing Board shall each have one vote.
32. (1) All questions arising at meetings of the Managing Board shall be decided by a majority of votes. (2) In case of equality of votes the president or a chairperson shall have a deciding vote. (3) A resolution in writing, signed by a majority of the members, and placed within the minutes of the Managing Board is as valid and effective as if regularly passed at a meeting of Managing Board.
Part VI - Meetings of Members
33. General meetings of the League must be held at the time and place, in accordance with the Society Act, that the Managing Board decides.
34. Every general meeting, other than an annual general meeting, is an extraordinary general meeting.
35. (1) The Managing Board may, when it deems advisable, convene an extraordinary general meeting of the League. (2) An extraordinary general meeting may, in addition, be convened upon deposit with the secretary of the League of a written requisition stating the purpose thereof and signed by at least five club representatives.
36. (1) Notice of a general meeting must specify the place, day and hour of the meeting, and, in case of special business, the general nature of that business. (2) Notice of a general meeting shall be given in writing by the secretary of the League to all the secretaries of the clubs, in the case of an annual general meeting not less than a clear twenty-one (21) days, and in the case of an extraordinary meeting not less than a clear fourteen (14) days, prior to the date of the meeting in respect to which such notice was given. (3) The accidental omission to give notice of a meeting, or the non-receipt of a notice by any club entitled to receive notice shall not invalidate proceedings at that meeting.
37. (1) The Annual General Meeting of the League shall be held in November in each calendar year at a place within Metropolitan Vancouver and at a time to be fixed by the Managing Board. (2) Each fiscal year of the League shall end on the 31st day of each October.
Part VII - Proceedings at General Meetings
38. Special business is (a) all business at an extraordinary general meeting shall be special business (b) all business transacted at an annual general meeting shall be as follows: (i) the adoption of rules of order; (ii) the consideration of financial statements; (iii) the report of the officers; (iv) the report of the treasurer; (v) the election of officers and honorary officers; (vi) the other business that, under these By-laws, ought to be transacted at an annual general meeting, or business which is brought under consideration by the Managing Board.
39. (1) No business other than the election of a chairperson 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) A quorum is sufficient numbers of persons entitled to vote a majority of the eligible votes. 40. If, within half an hour after the time appointed for any general meeting, a quorum is not present, that meeting, if convened on the requisition of members, shall be terminated; but in any other case it shall stand adjourned or terminated and reconvened.
41. Subject to By-law 42, the president of the League, the first vice-president, or the second vice-president shall preside, or in the absence of these officers, the members present shall choose one of their numbers to be a chairperson.
42. If, at a general meeting, (a) there is no president or vice-presidents present within fifteen (15) minutes after the time appointed for holding the meeting; or (b) the president, the first vice-president and the second vice-president present are unwilling to preside, then the persons present and entitled to vote shall choose one of their numbers to be a chairperson.
43. No debate shall be permitted save on a motion regularly moved and seconded.
44. (1) Each member club in good standing with the League is entitled to have present a club representative who shall cast one vote for each team properly registered by that club to play in the League that year. That representative shall be properly named to the League Secretary in January of each year and will remain that club?s representative to the League for that year unless the Club Executive gives 48 hours written notice of change of representative to the League Secretary. The Umpires and Scorers Association representative likewise named shall also have one vote. Each officer and honorary officer present in person shall also have one vote each at a general meeting. (2) Voting shall be by ballot for all elected positions and changes to the Constitution and/or Bylaws. (3) Voting by proxy shall not be permitted. (4) All questions and matters at a general meeting shall be decided by a majority of votes using a show of hands except as in (2) above. (5) In the case of an equality of votes the president or a chairperson shall have a deciding vote.
45. Questions of order arising at all meetings of the League that are not otherwise provided for in the By-laws shall be decided by the president or a chairperson subject to a resolution to appeal to the meeting and shall be disposed of according to Robert?s Rules of Order.
46. No such resolution to appeal shall be passed unless the same is carried by the votes of not less than two-thirds of those entitled votes present.
Part VIII - General Signing Authority
47. Any cheques, deeds, transfers, licences, contract and commitment on behalf of the League shall be signed by any two of the four signing officers, to be chosen by the Executive from among the president, first vice-president, second vice-president, secretary, or treasurer.
Arranging Matches:
48. The Managing Board shall arrange the schedule of League matches at the commencement of each season. All matches shall be played as scheduled unless the Managing Board decides otherwise.
Playing Rules
49. The Managing Board shall from time to time make rules governing the play of all matches. These playing rules shall be published in the yearbook or alternatively published electronically. No playing rule, however, shall be changed except by a majority of votes at a General Meeting. Payment of Assessment
50. (1) Payments of assessments, dues, fees or other charges shall be made on the due dates fixed by the Managing Board. (2) Any team for which its club fails to pay an account when due shall not participate in any League match until assessment is paid. (3) The enforcement of this clause shall be at the discretion of the Managing Board.
Umpires
51. The appointment of umpires shall be under the control of the Managing Board. The Managing Board shall provide to the Umpires and Scorers Association a list of those persons acceptable to the League as Umpires and/or Scorers. (1) In consultation with the Umpires and Scorers Association an umpire assignor shall be appointed to assign umpires to specific matches. This appointment is at the discretion of the League. Any assignment of umpires or scorers to any match is at the League?s discretion.
Notice to Members
52. (1) A notice may be given to a club personally, or by mail, or by fax or by electronic mail to the secretary of the club at the registered address given by the club secretary to the League Secretary in January of each year or as later advised to the secretary in writing by the club executive. (2) A notice sent by mail is deemed to have been given on the second day following the day on which the notice is posted, and in proving that notice has been given, it is sufficient to prove the notice was properly addressed and properly put into the care of Canada Post for delivery (posted).
Rules & Regulations
53. The rules and regulations of the League shall be established by the League and published by the League and the game of cricket shall be played in accordance with and in the spirit of the Laws of Cricket subject to the Rules and Regulations.
Contingency
54. The Constitution and By-laws of the League are intended as a general guide and cannot specifically cover each situation that may arise. Therefore, the Managing Board shall have the authority to interpret and decide to the best of its judgment with regard to all circumstances of any specific case, any matters pertaining to any and all clauses contained herein. Conflict
55. In the event of any conflict between the By-laws and the provisions of the Society Act the latter shall prevail. Constitution and By-laws in force
56. This is the Constitution and By-laws of the League and this Constitution and By-laws supersede all other Constitution and By-laws heretofore made by the League.
Part IX - Constitution and By-laws
57. Every club in good standing is entitled to, and League shall provide them with, copies of the Constitution and By-laws by publishing them as in Sec.1 (1) (j) above.
58. (1) The By-laws of the League shall not be altered or amended except by special resolution at a general meeting. (2) Notice of every resolution proposing such amendment shall be signed by the proposing officer or representative and shall be filed with the secretary at least fourteen (14) days before the date of such meeting. (3) A copy of any resolution to amend the By-laws shall be sent by the secretary of the League to all the secretaries of all the clubs in good standing, together with a notice for the meeting at which such amendment is to be proposed.
59. Any changes in the Constitution and By-laws must be made in accordance with the provisions of the Society Act. Changes to the By-Laws or Constitution require a two-thirds majority vote at a General Meeting. |