Constitution

AS AMENDED

PREAMBLE: This is the constitution of Polocrosse Canada which is constituted of individual registered members.

Wherever appearing in the Constitution, Objects, Rules or By-laws the following shall mean:

“Amateur” means a person who does not receive any money for playing polocrosse.

“Club” means an amateur polocrosse club

“Council” means the collective body of elected officers and delegates of polocrosse Canada

“Delegate” means an elected representative of a club

“Fiscal Year” means the financial year of the council, being the 1st of January in each year to the 31st of December in the same year

“Member” means any member of Polocrosse Canada in good standing

“Officers” means the President, Secretary and Treasurer of Polocrosse Canada

“Rules” means the Canadian National Polocrosse Playing Rules

“Secretary” means the Secretary of the Council

“Treasurer” means the Treasurer of the Council

“Events” means practices, games, tournaments or carnivals organized by members or their affiliate clubs.

Words of the masculine gender mean and include the feminine gender and vice versa.

1. OBJECTS

The Council is present to:

1.1 promote, teach, stimulate, encourage and further the interests of the game of Polocrosse throughout Canada.

1.2 promote the formation of Polocrosse Clubs in Canada.

1.3 standardise the mode of play by drawing up a set of National Polocrosse Playing Rules

1.4 encourage the application of these rules and seek a common interpretation of these rules throughout Canada.

1.5 deal with all matters which concern the betterment and improvement of the game of Polocrosse throughout Canada.

1.6 conduct and control the affairs of Polocrosse Canada.

1.7 adjudicate upon any dispute, referred to or arising between or amongst members or their affiliate clubs.

1.8 suspend or disqualify permanently or during the pleasure of the Council any Club or Member after it has been proved to the Council that the said Club or Member has been found guilty of conduct prejudicial to the game of Polocrosse.

1.9 work with and communicate with the International Polocrosse Association and other member countries.

(a) Communicate any pertinent information gained in international communications to all Members involved.

1.10 set standards for how umpires are tested, and maintain a list of qualified umpires.

1.11 set standards for how coaches are tested, and maintain a list of qualified coaches.

1.12 sanction tournaments and play within Canada.

1.13 standardise player ratings, and devise a format for how players are rated.

1.14 form and select a national team when required.

1.15 keep a record of all Members and their contact information.

1.16 apply the income and property of the Council, wheresoever derived, solely for towards the promotion of the object of the Council as set forth in this Constitution.

1.17 undertake and do all things or activities which are necessary, incidental or conducive to the advancement of these objects.

2. MEMBERS

2.1 Members shall be anyone who:

(a) have signed all required waivers and forms required by Polocrosse Canada and their Club.
(c) have paid all dues owed by them to both their club and Polocrosse Canada
(d) hold the same goals as set out in the Objectives of this Constitution

2.2 Trial members are those players who have not come to more then 4 different days of
Polocrosse events, be that practice, games or tournaments. Trial members must sign a waiver protecting the field owner but do not owe any monies to the council or any clubs. Trial members shall not have a vote in club meetings.

3. CLUBS

3.1 To be considered a club, a group must meet the following criteria:

(a) be made up of at least 6 Members of Polocrosse Canada
(b) have proof of meetings and keep minutes and records
(c) elect an executive committee
(d) have insurance under Polocrosse Canada or some other provider
(e) affiliate itself with this Constitution
(f) follow the Rules and By-Laws set forth by the Council

3.2 Applications for becoming a Club shall be made in writing to the Secretary, and shall be accompanied by:

(a) Name of the club
(b) A list of all current members and their contact information
(c) A list of all their executives and their contact information
(c) Location of main field(s) or practice area
(d) Proof of insurance if not intending to be covered by Polocrosse Canada Insurance

3.3 Clubs shall be responsible for the payment of the prescribed fees to the Treasurer at the
beginning of each Fiscal year.

3.4 Club fees to be paid to the Council shall be re-assessed by the Council every year. But changes to the fees shall not be implemented until the beginning of the next Fiscal year.

3.5 Clubs shall be responsible for keeping a complete list of their members and all of their contact
information. An updated list must be sent to the Secretary at the beginning of each Fiscal year or when the club is formed. The Secretary must also be immediately informed if a new member joins after this list has been sent in. The Secretary will be responsible for providing the Treasurer with this information.

3.6 Clubs reserve the right to suspend any Member from their Club for unsportsmanlike conduct, repeated dangerous play, or any action contrary to the stated Objects.

4. DELEGATES

4.1 Delegates shall be chosen by the club they represent however the club sees fit and may run as a Delegate as long as that club chooses them to.

4.2 The Delegates must be decided before April 30th and will take over April 30th in each year and will carry office until April 29th in the following year.

4.3 The Delegates elected must be Members of the club they represent.

4.4 Each delegate shall have only one vote on any one question in decisions made by the Council.

4.5 Representation by proxy on the Council shall be permissible in the absence of a Delegate. Such proxy shall be nominated by and acceptable to the absentee Delegate. Only one such proxy will be permitted per a Delegate. The proxy must also be a registered Member of the same club. The proxy must carry a written letter to the meeting signed by the Delegate stating his approval of the proxy.

4.6 If a Delegate and their Proxy are absent from a Polocrosse Canada meeting without sufficient reason as determined by the rest of the council, that delegate’s vote will be void in all decisions made at that meeting. If there is sufficient reasoning for both the Delegate and Proxy to be absent no matters will be voted on.

5. ELECTING THE OFFICERS

5.1 The President, Secretary and Treasurer of Polocrosse Canada shall be decided in the following manner:

(a) A list of possible nominees must be made available to each Member.
(b) Each club shall nominate one Member from this list for an officer position
(c) Nominees must first accept or decline before being voted on
(d) If only one nominee accepts then that person shall automatically fill the position they were nominated for
(e) If two or more nominees accept for one position then the Delegates will vote on the nominees to fill the positions by email, all Delegates must vote.
(f) The President will be voted in first, then the Secretary, then the Treasurer.
(g) If the Delegates have a tie in voting for a position then the President or the next officer elected in will break the tie.
(h) If a Delegate is chosen to fill one of the Officer positions then the club affected must elect a new Delegate. A Delegate cannot also fill an Officers position.

6. THE OFFICERS

6.1 The Officers will be decided before April 30th and will take over April 30th in each year and will carry office until April 29th in the following year.

6.2 Officers shall not hold office for more then two consecutive years. An Officer may stand for re-election after an interval of one year.

6.3 If all three Officers are absent at a meeting then the meeting will be cancelled.

6.4 All cheques must be signed by any two of the Officers.

6.5 Cheques under and including $200.00CDN may be signed on behalf of the Council.

6.6 No Officer shall have the authority to bind the Council to any contract, agreement, bond, note or any other instrument having an obligation of more then $200.00CDN without being first authorised by the Council.

6.7 All cheques signed by the Officers must be confirmed at the next Council meeting.

6.8 All Officers must be at least 18 years of age.

7. PRESIDENT

7.1 The President shall only have voting power in the case of tie between the Delegates.

7.2 The President shall preside and chair all meetings of the Council.

7.3 The President shall see that all action voted on is carried out.

7.4 The President shall represent the Canadian Polocrosse Association in all National and International engagements.

8. SECRETARY

8.1 The Secretary shall have no voting power.

8.2 If the President is absent from the meeting the Secretary will chair the meeting and take over the responsibilities of both the President and the Secretary for that meeting. This includes the power to vote if the Delegates tie a vote.

8.3 The address of the Secretary shall be the registered office of the Council.

8.4 The Secretary Shall:

(a) attend to all correspondence on behalf of the Council.
(b) keep all such books and registers in such form as may be prescribed by the Council:
(c) Keep a:
(i) Minute Book,
(iii) Register of Members which provides a system to record the particulars of all affiliated bodies and members of affiliated bodies.
(d) discharge all such other duties and services as may be assigned to him by
the Council.

8.5 All correspondence received by any Officer on behalf of the Council shall be forwarded to the Secretary who shall table such correspondence so that it may be dealt with by the Council. Such correspondence shall not be discussed with affiliated bodies or their members prior to being tabled.

9. TREASURER

9.1 The Treasurer shall have no voting power.

9.2 If the President and Secretary are absent from the meeting the Treasurer will chair the meeting and take over the responsibilities of all the officers for that meeting. This includes the power to vote if the delegates have a tie.

9.3 The Treasurer shall:

(a) keep the accounts of the Council.
(b) receive and issue proper receipts for all moneys due to or received by the Council and deposit such moneys to its credit at such bank as the Council shall direct.
(c) be prepared, at each Council meeting, to submit a statement of receipts and payments for the preceding period, accompanied by a list of accounts rendered to him up to and including the day of the meeting.
(d) keep track of all assets owned, leased or maintained by Polocrosse Canada.
(e) Keep a record of Members and Clubs, together with such fees as may be payable by such body or member.

9.4 When audited the treasurer shall present or forward such documents to the Council as soon as is practicable after the close of each Fiscal Year.

10. COUNCIL VACANCY

10.1 The seat of a Councilman shall automatically be declared vacant:

(a) If he absents himself from two consecutive meetings either personally or by proxy without satisfactory explanation to the Council
(b) If he resigns by notice in writing
(c) By death or becoming of poor health
(d) If he or his club becomes un-financial
(e) If he brings discredit on the Council by his action
(f) If the club he represents ceases to exist

10.2 If a delegate is declared vacant the club he represents shall be forthwith notified in writing of the vacancy occurring and shall be empowered to vote in a new delegate. The new Delegate will only hold office until the end of that term.

10.3 If an officer is declared vacant a new President, Secretary or Treasurer shall be voted in using the same process as described in “5. Electing The Officers”. The new President, Secretary or Treasurer will only hold office until the end of that term.

11. SUB-COMMITTEES

11.1 The Council shall have the power to appoint Sub-Committees to investigate and report on any matters that it deems necessary.

11.2 Each Sub-Committee shall not act so as to carry any of their decisions into effect unless specially authorised by the Council to do so.

11.3 The Council may by instrument in writing revoke wholly or in part any delegation made under this clause and may amend, repeal or veto any decision made by such sub-committee under this clause where such decision is contrary to this constitution, the by-laws, the object or subject or the sub-committee’s delegation.

11.4 Each Sub-Committee shall in every case make a written report to the Council on the matters referred to it for determination and each report shall be examined by the Council before any finality is reached.

11.5 Sub-Committees shall be able to attend Council meetings but they shall have no voting power.

11.6 The Council can appoint, but are not limited to the following Sub-committees:

(a) International Liaison
(b) Media Coordinator
(c) National Team
(d) Club Communications
(e) Umpires
(f) Coaches
(g) Player Development
(h) Junior Representation
(i) Player Rating

12. HONORARY LIFE MEMBERSHIP

12.1 The Council at a Meeting of the Council may confer Honorary Life Membership on a person or organisation who in the opinion of the Council has made a significant contribution to the ideals and objects of the Council. Any person or organisation so elected may attend meetings of the Council but shall have no voting rights.

13. ASSOCIATE MEMBERS

13.1 The Council shall have the power to grant Associate Membership to an Organisation or Body which in the opinion of the Council has similar aims and objects for promoting horses and/or horse-sports.

13.2 One representative from each Organisation or Body granted Associate Membership may attend Meetings of the Council but shall not take part in the business of the Meeting without the permission of the Council. They shall not be entitled to vote on any matter.

14. COUNCIL MEETINGS

14.1 At any meeting of the Council, 50% of the Delegates and one Officer shall form a quorum.

14.2 At all meetings, the President, and in his absence the Secretary or Treasurer, shall occupy the chair and hold the President’s power to vote in a tie.

14.3 In the absence of all the Officers the meeting will be cancelled.

14.4 All motions except those for which special provision is made shall require only a simple majority. A majority of three-fourths (75%) shall be required to carry out the following motions:

(a) to amend the Constitution, Objects, Rules or By-laws
(b) to amend or rescind a resolution of the Council
(c) to disqualify, suspend, expel, fine or otherwise discipline a Member or Club
(d) to reinstate a Member or Club that has been disqualified, suspended or expelled.

14.5 Meetings of the Council shall be held at such time and place as the Council may determine.

14.6 All members of the Council must be given fourteen days’ notice before the meeting with a tentative agenda. Any other business items must be submitted to the Secretary at least seven days before the meeting when the Secretary must send out the final agenda. Seven days after the meeting the Secretary must send out the minutes of the meeting to all Delegates and Officers. After fourteen days the minutes must be accepted by 75% of the Delegates.

14.7 A meeting of the Council may be held where one or more Delegates is not physically present at the meeting provided that:

(a) All persons participating in the meeting are able to communicate with each other effectively, simultaneously and instantaneously whether by means or telephone or other form of communication;

(b) Notice of meeting is provided to all relevant persons in the usual manner;

(c) In the event that failure in communications prevents condition (a) from being satisfied by the number of Delegates that constitute a quorum, and none such Delegates are present at the place where the meeting deemed to be held, then the meeting shall be suspended until condition (a) is satisfied within 15 minutes from the interruption when the meeting shall be deemed to have terminated;

(d) Any meeting held where one or more of the Delegates is not physically present shall be deemed to be held at the place specified in the notice of meeting provided a Delegate is there present there. If no Delegate is present, the meeting shall be deemed to he held at the place where the Chair is located.

14.8 Special meetings of the Council may, in addition, be summoned on a requisition stating the reason, and signed by four members of the Council and delivered to the President or Secretary in such time as will allow four clear days’ notice to be given to all members of Council.

14.9 The Council shall cause correct minutes to be kept by the Secretary, in books provided for that purpose, of all the Council meetings and business, together with the names of the Delegates present and voting at such meetings.

14.91 The Annual General Meeting will be held on the last week of April. Both the old and new Delegates and Officers should be present, but the old Officers and Delegates should run the meeting. The financial reports of the last year will be reviewed.

15. NOTICE OF MOTION

15.1 All notices of motions shall be in writing and four days notice thereof shall be given to the Secretary, except as hereinafter provided. The following motions may be given without notice:

(a) for adjournment
(b) of amendment
(c) for leave to amend or withdraw a motion of amendment
(d) for vote of thanks
(e) for leave
(f) dealing with business arising from the minutes or arising from any report or recommendation of a delegated body or Sub-Committee
(g) for suspension of standing orders

15.2Other then those motions that clause 15.1 specifies can be heard without notion, if due notice of a motion has not been given, it can only be discussed or voted upon with the sanction of three-fourths (75%) of the Council present and voting, but no motions shall be discussed or voted upon that purport to:

(a) amend the Constitution, Objects, Rules or By-laws
(b) amend or rescind a previous resolution of Council.
(c) disqualify, suspend, expel, fine or otherwise discipline a Member or Club
(d) to reinstate a Member or Club that has been disqualified, suspended or expelled.

15.3 In the event of a meeting lapsing, the business thereof, or, in the case of an adjournment of a meeting, such business as remains outstanding shall take precedence at the next meeting.

15.4 An adjourned meeting of the Council shall not deal with any business that was not on the business paper of the original meeting except as previously provided for.

16. AUTHORITY TO INTERPRET

16.1 The Council shall finally construe and determine any matter relating to the Council, Club or Member on which the respective Constitution, Objects, Rules or By-laws are silent.

17. AMENDMENT OF CONSTITUTION

17.1 Before any amendment to the Constitution, Objects, Rules or By-laws of Polocrosse Canada is made, the Council shall submit the proposed amendment in writing to the Clubs for their consideration. Such notice shall be given at least twenty-one days before such amendment is decided by the Council.

17.2 Any amendment must be passed by three-fourths (75%) majority of the Delegates present.

18. ACCOUNTS AND AUDIT

18.1 There shall be prepared as at the end of each Fiscal Year, for submission to the Council, a Balance Sheet together with Statement of Receipts and Payments, and of Income and Expenditure, for such year by March 31.

18.2 Immediately after the expiration of each Fiscal Year the Accounts of the Council shall be examined and the correctness of the Balance Sheet, Statement of Receipts and Payments and Statements of Income and Expenditure shall be ascertained and certified by an Auditor appointed by the Council.

18.3 The Auditor shall:

(a) Have access to and examine all books, papers, deeds, documents and Accounts of the Council; may examine any office bearer, officer or servant of the Council in regard to the accounts; obtain from any bank in which the funds of the Council are deposited or invested a written statement from the Banker or Bankers as to the balance of the account or accounts, and satisfy himself as to the number of the banking accounts used by the Council
(b) Furnish to the Council a written statement that all documents certified are kept and used in accordance with the Rules of the Council, or, if unable to certify, report in what respect they are incorrect.
(c) Place before the Council any suggestions he desires to make concerning the financial affairs of the Council
(d) Indicate to the Council any improvement desirable to secure more effective control and economical administration.
(e) Check the records of all affiliation and registration fees.
(f) Report to Council any inaccuracy, irregularity or breach of any of these Rules relating to the finances of the Council

19. DISIPLINE

19.1 Where the Council considers that a member has allegedly:

(a) breached, failed, refused or neglected to comply with a provision of this constitution or any other by-law, rule or determination of the council.
(b) acted in a manner unbecoming of a Member or prejudicial to the object and interests of the Council and/or Polocrosse
(c) brought the Council or Polocrosse in to dispute

19.2 The Council may commence or cause to be commenced disciplinary proceedings against that Member and that Member will be subject to, and submits unreservedly to the jurisdiction, procedures, penalties and appeal mechanisms (if any) of the Council set out in the By-Laws. For the avoidance of doubt, the Council shall have the power to disqualify or suspend any Member.

20. RIGHT OF APPEAL

20.1 Any Member or Club, disqualified, suspended, fined, expelled or otherwise disciplined under this constitution may appeal to the Council against such decision. Procedures and penalties for such appeal process (if any) shall be set out in the By-Laws however the following minimum conditions must be met:

(a) written notice of such appeal, stating the grounds and nature of the evidence to be
furnished shall be given by the appellant Member or Club to the Secretary within thirty
days of the sanction.
(a) on receipt of such notice the Secretary shall forthwith notify the Council and any other
bodies concerned; and
(d) an appeal under this clause may only come from the Member or Club that has been
sanctioned.

21. BY-LAWS

21.1 The Council shall be empowered to make By-laws within the limits of the objects of the Council; provided that such By-laws when made do not conflict with this constitution. Such By-Laws shall be binding on all Members.

22. DISSOLUTION OF COUNCIL

22.1 If upon dissolution of the Council there remains after satisfaction of all its debts and liabilities any assets or property the same shall not be paid to or distributed amongst the Council but shall be given or transferred to some body or bodies having objects similar to the Objects in clause 1 and which prohibits the distribution of its or their income and property among its or their members to an extent at least as great as is imposed on the Council by this constitution and which is also not carried on for profit and which is similarly exempt from income tax. Such body or bodies to be determined by the members of the Council at or before the time of dissolution.

THE CANADIAN POLOCROSSE COUNCIL
BY-LAWS

Sanctioning Tournaments
Rating Players
Testing Umpires
Testing Coaches
Selecting National Teams