CONSTITUTION AND BY-LAWS

PORT COQUITLAM MINOR HOCKEY ASSOCIATION

CONSTITUTION

  1.          The name of the Society is “Port Coquitlam Minor Hockey Association” and this Association shall be registered under the Society Act.
  1.          The purpose of the Society shall be:
  1.          To encourage and foster amongst its members and all citizens in general, sportsmanship and good citizenship.
  1.          To maintain and increase an interest in Amateur Hockey.
  1.          To control and operate minor hockey within the limits of the City of Port Coquitlam.
  1.          To encourage and promote competition for its members in House Leagues, Inter-City Leagues and B.C. Playdowns.
  1.          As an unalterable provision of this Constitution, this Association shall be affiliated with the British Columbia Amateur Hockey Association.
  1.          The Society shall be carried on without purpose of gain for its members and any profits or other accretions to the Society shall be used for promoting its purposes.  No member of the Board shall be paid any remuneration for services rendered to the Society, but may be paid his reasonable expenses in acting as a member.
  1.          Upon winding-up or dissolution of the Society, the assets remaining after the payment of all costs, charges and expenses properly incurred in the winding-up, including the remuneration of a liquidator and after payment to the employees of the Society of any arrears of salaries or wages and after the payment of any other debts of the Society, shall be distributed to a charitable organization (or organizations) in Canada, registered under the provisions of the Income Tax Act, which shall be designated by the Board of Directors.
  1.          Clauses 4 and 5 of this Constitution, including this clause, are unalterable.

 

BY-LAWS

PART 1 - Interpretation

1.1                   a)         In these By-Laws, unless the context otherwise requires:

“Directors” means the Directors of the Society for the time being;

“Society Act” means the Society Act of the Province of British Columbia from time to time in force and all amendments to it;

  1. The definitions in the Society Act on the date these By-Laws become effective apply to these By-Laws.

1.2       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

2.1       The members of the Society are the applicants for incorporation of the Society and those persons who have subsequently become members in accordance with these By-Laws and, in either case, have not ceased to be members.

2.2       The membership of the Society shall be comprised of two (2) classes of members, Ordinary Members and Life Members.

2.3       The following persons shall be Ordinary Members:

a)         a parent or legal guardian of a child:

  1.           who applies and who has been granted playing privileges in the Society’s hockey programs prior to April 1st of the current year and whose membership has not at any time ceased; or
  1.          whose application for playing privileges is accepted by the Executive at any time after March 31st of the current year and whose membership has not at any time ceased;

provided that such membership shall be limited to two parents/legal guardians per child, it being understood that a member having more than one child registered in the Society’s hockey programs shall have no greater rights as a member in the Society than a member having only one child so registered;

  1.          any person over the age of nineteen (19) years who does not otherwise qualify for membership and who, in the twelve (12) month period preceding April 1st in any year, has performed any volunteer services in furtherance of the purposes of the Society subject to Executive approval.  Membership under this provision shall be based upon information compiled and verified by the current Registrar of the Society.

2.4       Membership shall not be transferable.

2.5       An Ordinary Member ceases to be a  member:

a)         on June 30th in each year unless an application for playing privileges for a member’s child has been made to the Society for the next playing season in accordance with Article 3.1;

b)         by delivering his/her resignation in writing to the Secretary of the Society;

  1.          where the member no longer has a child participating in the Society’s hockey programs as a result of the child being released in accordance with the rules and regulations of the Canadian Hockey Association (“CHA”), British Columbia Amateur Hockey Association (“BCAHA”), Pacific Coast Amateur Hockey Association (“PCAHA”) and/or such other association of which the Society is a member or with which it is affiliated;
  1.          on being expelled.

2.6       A member may be expelled by resolution of the Executive where the Executive has received a recommendation from the Discipline Committee to expel the member, provided that if the member who is the subject of the proposed expulsion is given an opportunity to be heard at the meeting of the Executive prior to the resolution to expel being voted upon.

2.7       The Executive shall have the power, by a vote of three quarters (3/4) of those present at a duly convened meeting, to suspend a member whose conduct shall have been determined by the Executive to be improper, unbecoming or likely to endanger the interest or reputation of the Society, or who wilfully commits a breach of the Constitution or By-Laws of the Society, provided that the member who is the subject of the proposed suspension shall have been given an opportunity to be heard at the meeting of the Executive prior to the resolution to suspend being voted upon.

2.8       All members are in good standing except a member who has been suspended, has a debt owing to the Society, or who is wrongfully in possession of Society property.

2.9       A member not in good standing forfeits all rights, privileges, claims and interests accorded a member of the Society.

2.10     The Executive may bestow the honour of Life Member on any person who has rendered distinctive or meritorious service to the Society for a period of at least five (5) years.  Nomination for Life Membership must be submitted to the Executive at least 30 days prior to the annual general meeting detailing the service for which the honour is bestowed.

2.11     Life Members shall have the privilege of acting in an advisory capacity to the Executive and shall be accorded all rights and privileges of Ordinary Members.

2.12     Life Members shall be entitled to hold office and shall be entitled to one vote per Life Member at all general meetings of the Society.

PART 3 - Player Eligibility and Registration

3.1       A parent or legal guardian of a child wishing to play hockey in the Society’s hockey programs for the next playing season must, at the date and time established by the Executive on an annual basis:

a)         complete and sign the player application in the form approved by the Executive;

b)         submit proof of the following:

  1.           if a new registrant, that the child’s age is consistent with the CHA regulations with respect to minor hockey eligibility; and
  1.          that the child satisfies the residency requirements of the CHA, BCAHA, PCAHA and/or such other association of which the Society is a member or with which it is affiliated;

c)         make payment of the player registration fee or charge established by the Executive on an annual basis and any other fees or charges that the Executive may establish from time to time for new, renewal, or late registrations; and

d)         make payment of any outstanding amounts due to the Society, and return of all property of the Society.

3.2       Notwithstanding any of the provisions of Article 3.1, the Executive has the full power and discretionary authority not to accept an application for playing privileges, where:

a)         the available ice time or other resources of the Society, or such other consideration that the Executive deems reasonable or appropriate in the circumstances, requires that the Society limit the number of persons accepted for playing privileges; or

b)         the parent or legal guardian of the person has been expelled or is suspended as a member of the Society; or

c)         the person is not eligible as a player in the Society’s hockey programs because of a bylaw, rule, regulation or directive of the CHA, BCAHA, PCAHA and/or such other association of which the Society is a member or with which it is affiliated.

3.3       Upon the Executive accepting the application for playing privileges, the person named shall become a player in the Society.

PART 4 - Directors

4.1       The Directors shall be solely responsible for managing and supervising the affairs of the Society, including, but not limited to, the establishment of:

a)         representative team, player try-out and selection policies and procedures;

b)         coach sselection policies and procedures;

c)         ice time schedules and allocations;

d)         policies and procedures regarding the selection and placement of players and coaches to teams;

e)         policies and procedures regarding safety, including the proper equipment to be worn by players, provided that such policies and procedures are not inconsistent with those of the CHA, BCAHA or the PCAHA or any other association of which the Society is a member or with which it is affiliated.

4.2                   a)         The Directors may exercise all the powers and do all the acts and things that the Society 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 Society in general meetings, but subject, nevertheless to:

  1.           all laws affecting the Society;
  1.          these By-Laws; and
  1.         rules, not being inconsistent with these By-Laws, which are made from time to time by the Society in a general meeting.
  1.          No rule, made by the Society in a general meeting, invalidates a prior act of the Directors that would have been valid if that rule had not been made.

4.3       No Director shall be remunerated for being or acting as a Director but a Director shall be reimbursed in accordance with the terms contained in clause 4 of the Society’s Constitution as if he were a member.

4.4       In accordance with the Society Act, each Director of the Society shall assume office on the express understanding and condition that the Society shall indemnify him and his heirs  and  personal  representatives  from  time  to  time and at all times against  all costs,
charges, expenses, and damages whatsoever which such Director sustains or incurs in or as a result of any civil, criminal or administrative action, suit, or proceeding by reason of him being or having been a director, including an action brought against the Society, if he acted honestly and in good faith with a view to the best interests of the Society and in the case of a criminal or administrative action or proceeding, if he had reasonable grounds for believing his conduct was lawful, and the Executive shall have the power and authority to purchase and maintain such insurance coverage as may be reasonably necessary to assure to each Director such indemnity.

4.5       The Society shall have such number of Directors as determined and fixed by the membership at the annual general meeting, consisting of the following Officers:

Immediate Past President;
President;
1st Vice-President;
2nd Vice-President;
3rd Vice-President;
Secretary;
Treasurer;
Registrar; and
Coaching Coordinator;

together with coordinators having the following responsibilities and/or functions;

Referee-in-Chief;
Equipment Manager;
Assistant Coaching Coordinator;
Media Relations Coordinator;
6 Division Managers;
First Director-at-Large; and
Second Director-at-Large.

4.6       With the exception of the Immediate Past President, separate elections shall be held for each officer position to be filled.

4.7       The coordinator positions shall be elected as a group on one ballot and the positions then assigned by the President of the Society at the first duly convened meeting of the Executive Committee after the annual general meeting of the Society.

4.8       An election may be by acclamation, otherwise it shall be by ballot.

4.9       The officers and coordinators who are elected at a general meeting or who are appointed to fill a vacant office shall comprise the Directors of the Society, and the Executive Committee shall be comprised of the Directors.

4.10     No person shall be eligible for election as an officer or coordinator unless he is a member of the Society in good standing.

4.11     A director is eligible for re-election.

4.12     The Executive Committee shall serve for a period of one (1) year or until the election of a successor, with the exception of the Secretary, 2nd Vice-President, Registrar and Treasurer, who shall be elected on two (2) year terms on alternating years with the Secretary and 2nd Vice-President being elected in odd numbered years and the Registrar and Treasurer being elected in even numbered years.

4.13     Unless another qualified person cannot be found, no person may run for the position of President of the Society unless that person has first served at least one (1) year on the Executive Committee in some capacity.

4.14     A Director shall not be allowed to coach, assistant coach or manage any team in any division during his year of office unless approval is given by the current Executive.

4.15     Any casual vacancy occurring on the Executive may be filled by the Directors from the members of the Society who are in good standing, but any member so chosen shall retain office only until the conclusion of the next annual general meeting of the Society, but is eligible for election at the annual general meeting.

4.16     The members may by special resolution remove a Director from his office or position prior to the expiration of his term, and may elect another Director to serve during the balance of the term.

4.17     The Directors may delegate any of their powers to committees consisting of such member or members of the Society as they think fit or as the President may appoint.  Any committee so formed shall in the exercise of the power so delegated, conform to any terms of reference or regulations as may be imposed on them by the Executive.  The chairman of each committee so appointed shall be required to attend Executive meetings upon request and to report plans which must be approved by the Executive.

PART 5 - Duties of Officers and Coordinators

5.1       The immediate Past President shall assume the duties allocated by the President and shall serve in an advisory capacity for the benefit of members of the Executive.

5.2       The President:

a)         shall preside at all meetings of the Society and of the Executive;

b)         shall act as the official representative of the Society and shall act as liaison officer between the Port Coquitlam Recreation Department, BCAHA and PCAHA;

c)         shall be the chief executive officer of the Society and supervise the other officers and coordinators in the execution of their duties; and

d)         shall have the power to immediately suspend any member, player, team official, game official or any other person associated with the Society for any conduct which the President in his sole and unfettered discretion believes has been or may be injurious to a member, player or game official and likely will continue, or which has significantly hindered the Society in the pursuit of any of its purposes, provided however that such suspension shall be effective only until the next duly convened meeting of the Executive.

5.3       The First Vice-President:

a)         shall be Chairman of the Discipline Committee;

b)         shall act as Risk Manager on behalf of the Society and as such:
i)          shall cause to be performed any criminal record checks or such other checks as the Executive may determine;

ii)          shall oversee and monitor the Speak Out Program;

iii)          shall oversee and monitor the HCSP Program; and

iv)          shall report and deal with any activity or concerns relating to or regarding insurance liability coverage;

c)         shall assist the President in the performance of the President’s duties;

d)         shall carry out the duties of the President in his absence; and

e)         shall perform any other duties to be assigned.

5.4       The Second Vice-President:

a)         shall be Chairman of the Gaming Committee;

b)         shall attend at and represent the Society at all gaming meetings as required;

c)         shall review and monitor fundraising efforts of individual teams;

d)         shall, in the absence of the President and First Vice-President, assume their duties; and

e)         shall perform any other duties to be assigned.

5.5       The Third Vice-President:

a)         shall act as liaison between the Society and the Port Coquitlam Parks and Recreation Department with respect to ice time procurement;

b)         shall be responsible for scheduling and allocation of ice times for the Society;

c)         shall, in the absence of the President, First Vice-President and Second Vice-President, assume their duties; and

d)         shall perform any other duties to be assigned.

5.6       The Secretary:

a)         shall be responsible for giving notification of meetings of the Society and Executive;

b)         shall prepare and retain custody of minutes or proceedings of the annual general meetings, extraordinary general meetings, Executive meetings, and any other meetings of the Society;

c)         shall be responsible for all correspondence of the Society and any other related duties;

d)         shall file such reports, resolutions and other documents as may be required by the Society Act; and

e)         shall perform any other duties to be assigned.

5.7       The Treasurer:

  1.          shall be responsible for keeping the financial records, including books of account, necessary to comply with the Society Act;
  1.          shall render financial statements to the Executive, members and others as required;
  1.          shall present an interim financial report representative of the accounts of the Society as at March 31st in each year;
  1.          shall deposit all monies to the credit of the Society in a chartered bank, credit union or trust company; and
  1.          shall perform any other duties to be assigned.

5.8       The Registrar:

a)         shall be responsible for annual player registration;

b)         shall keep and maintain permanent records for all registered players of the Society;

c)         shall be responsible for registering all players, coaches and others with the BCAHA Mutual Aid Fund; and

d)         shall perform any other duties to be assigned.

  1. The Coaching Coordinator:
  1. shall develop and present the on-ice program within the Society for A, B and C Divisions from Peewee through to Juvenile;
  2. shall oversee the Assistant Coaching Coordinator;
  3. shall perform public relations as required pertaining to the Society and its coaches from Peewee to Juvenile;
  4. shall be in charge of selection of coaches for Peewee to Juvenile Divisions (in conjunction with Coaches Selection Committee);
  5. shall liaise with the B.C. Hockey District Coaching Coordinator regarding Intermediate Coaching Clinics;
  6. shall recommend coaches to the Executive Committee for attendance at high performance clinics;
  7. shall meet with the Society coaches from Peewee to Juvenile to discuss problems and solutions;
  8. shall perform evaluations on coaches during games and practices;
  9. shall assist with evaluation of players for team selection;
  10. shall establish team play guidelines;
  11. shall coordinate a meeting of coaches and players with the local Referee-in-Chief or B.C. Referee Committee Member for better understanding of the rules of the game; and
  12. shall perform any other duties to be assigned.

5.10     The Referee-in-Chief:

a)         shall maintain an effective line of communication between the referees, the Society and the N.R.C.P.;

b)         shall coordinate training programs for all referees;

c)         shall appoint assignors to assign referees for all games assigned by the Society;

d)         shall ensure that a reasonable standard of officiating is maintained at all times;

e)         shall ensure that all game officials are registered and are members in good standing with the BCAHA; and

f)         shall perform any other duties to be assigned.

5.11     The Equipment Manager:

a)         shall be responsible for the purchase, maintenance and repair of all the Society’s hockey equipment;

b)         shall be responsible for the distribution and collection of all hockey equipment owned by the Society and shall keep an accurate record of the assignment of such equipment; and

c)         shall perform any other duties to be assigned.

  1. The Assistant Coaching Coordinator:

a)         shall develop and present the on-ice program within the Society for the Initiation and Atom Divisions;
b)         shall maintain and update the coaches qualifications database;
c)         shall perform public relations as required pertaining to the Society and its coaches from Initiation and Atom;
d)         shall be in charge of selection of coaches for Initiation and Atom Divisions (in conjunction with Coaches Selection Committee);
e)         shall liaise with the B.C. Hockey District Coaching Coordinator regarding Initiation and Coaches Stream Coaching Clinics;
f)         shall meet with the Society coaches from Initiation and Atom to discuss problems and solutions;
g)         shall perform evaluations on coaches during games and practices;
h)         shall assist with evaluation of players for team selection;
i)          shall establish team play guidelines;
j)          shall coordinate a meeting of coaches and players with local Referee-in-Chief or B.C. Referee Committee Member for better understanding of the rules of the game; and
k)         shall perform any other duties to be assigned.

  1. The Media Relations Coordinator:
  1. shall act as the Society’s webmaster;
  2. shall act as a liaison with the media in the area;
  3. shall coordinate and publish a newsletter on behalf of the Society;
  4. shall coordinate special events;
  5. shall keep the Society bulletin board up to date;
  6. shall keep the trophy case up to date and display all Society trophies; and
  7. shall perform any other duties to be assigned.


5.14     The Division Managers:

a)         shall, in conjunction with the Coaching Coordinator, recommend coaches and team officials for all “C” teams;

b)         shall oversee all teams within their respective divisions and have general responsibility for the organization of teams, coordination and allocation of players among teams in their division;

c)         shall provide the Registrar with a complete roster of each team;

d)         shall ensure that each coach and/or manager of teams within their division are aware of the By-Laws, Rules and Regulations, Policies and Procedures of the Society and to ensure that such By-Laws, Rules and Regulations, Policies and Procedures are enforced;

e)         shall attend any PCAHA meetings relating to their respective divisions as required; and

f)         shall perform any other duties to be assigned.

5.15     The First Director-at-Large:

  1. shall act as the coordinator on behalf of the Society for the annual Giant’s fundraiser;
  2. shall coordinate the clothing and souvenir sales on behalf of the Society;
  3. shall attend to the arrangement of all meeting rooms required by the Society; and
  4. shall perform any other duties to be assigned.
  1. The Second Director-at-Large:
  1. shall solicitor for and obtain team sponsorships on behalf of the Society;
  2. shall coordinate the annual dance fundraiser on behalf of the Society;
  3. shall coordinate team pictures; and
  4. shall perform any other duties to be assigned.

PART 6 - Meetings

6.1       The annual general meeting of the Society shall be held on or before May 15th in each year and shall be by written notice and publicly announced prior to the date of the meeting.

6.2       General meetings of the Society shall be held at the time and place, in accordance with the Society Act, that the Executive Committee decides.

6.3       A quorum for all general meetings shall be a minimum of fifty (50) members, including the Executive.  Unless a quorum is present at a general meeting, no business other than the adjournment or termination of the meeting shall be conducted.

6.4       Every member in good standing present at a general meeting is entitled to one vote.  Sponsors shall have one vote.  Voting by proxy shall not be allowed.  Voting shall be by a show of hands unless the membership requires a poll.  Upon a show of hands, every member shall have one vote and, unless a poll is required, a declaration by the Chairman that a resolution has been carried or not carried and an entry to that effect in the minutes of the Society shall be sufficient evidence of the facts without proof of the number or proportion of the votes accorded in favour of or against such resolution.  If a poll is required, the resolution shall be decided by a majority of the votes of the members (with the exception of special resolutions which shall require 75% majority of the members in attendance) and such poll shall be taken in such manner as the Chairman shall direct and the result of such poll shall be considered the decision of the Society in general meeting upon the matter in question.  The Chairman shall not have a vote, whether upon a show of hands or on a poll, except in the event of a tie, the President shall have a casting vote, being the only vote he is entitled to.

6.5       Executive Committee meetings shall be held as required, with a minimum of one (1) per month.  The Executive Committee may meet together at the places they think fit to dispatch business, adjourn and otherwise regulate their meetings and proceedings, as they see fit.

6.6       A quorum of any Executive Committee meeting shall consist of a majority of the Executive holding office at the time of the meeting.  A resolution of the Executive shall be passed by a simple majority of votes and the Chairman of the meeting may move or propose a resolution but shall not have a second or casting vote.

PART 7 - Banking and Finances

7.1       Accounts shall be kept in the name of the Society at a chartered bank, credit union or trust company selected by the Executive Committee.

7.2       All Society cheques shall be signed by two signing officers who shall be any two of the President, 1st Vice-President or Treasurer of the Society.

7.3       The financial year of the Society shall be from April 1st to March 31st.

7.4       The funds required by the Society shall be obtained by whatever means the Executive shall see fit and shall be at their discretion.

7.5       The Executive Committee may purchase, lease or otherwise acquire for the purposes of the Society, any real or personal property, particularly equipment and supplies for the members of the Society and others and, so far as may be legal, from time to time, sell, demise, let, mortgage or dispose of the same.

7.6       In order to carry out the purposes of the Society, the Directors may, on behalf of and in the name of the Society, raise or secure the payment or repayment of money in the manner they decide, and, in particular but without limiting the foregoing, by the issue of a debenture.

7.7       No debenture shall be issued without the sanction of a special resolution.

7.8       The members may by special resolution restrict the borrowing powers of the Directors, but a restriction imposed expires at the next annual general meeting.

PART 8 - Auditor

8.1       At each annual general meeting, the Society shall appoint an auditor to hold office until he is re-elected or his successor is elected at the next annual general meeting.

8.2       An auditor may be removed by ordinary resolution.

8.3       An auditor shall be promptly informed in writing of appointment or removal.

8.4       No Director of the Society shall be auditor.

8.5       The auditor may attend general meetings.

PART 9 - Discipline Committee

9.1       The Discipline Committee shall consist of the 1st Vice-President of the Society who shall be the Chairman, and at least three (3) other committee members appointed by the President at the first Executive meeting.

9.2       The duties of the Discipline Committee shall be:

a)         to review decisions of the President made under By-Law 5.2(d); and

  1.          to review all misconduct penalties (ten minute, game, gross and match) assessed players and team officials of the Society and to suspend and/or take disciplinary action that may be deemed necessary against such individuals.

PART 10 - Appeals

10.1     The Appeals Committee shall consist of the Officers of the Society.

10.2     The duty of the Appeals Committee shall be to hear appeals from decisions made by the Discipline Committee as made under By-Law 9.

10.2     The Appeals Committee may re-admit any team, player, team official or referee or uphold or modify any decision made by the Discipline Committee under By-Law 9.

10.4     Any team, player, team official or referee may appeal any decision of the Discipline Committee.

10.5     Any appeal to the Appeals Committee by the aggrieved party shall be in writing outlining all particulars pertaining to the case and shall be delivered to the Secretary of the Society within seven (7) days of being notified of the decision of the Discipline Committee.

10.6     Any appeal under By-Law 10.5 herein shall be dealt with by the Appeals Committee within seven (7) days of receiving the written appeal.

10.7     Any team, player, team official or referee may appeal the decision of the Appeals Committee to the Executive Committee of the Association.

10.8     Any appeal to the Executive Committee by the aggrieved party shall be in writing outlining all particulars pertaining to the case and shall be delivered to the Secretary of the Society within seven (7) days of being notified of the decision of the Appeals Committee.

10.9     Any appeal under By-Law 10.8 herein shall be heard at the next duly convened Executive meeting.

PART 11 - General

11.1     The Society shall  maintain  affiliation with the CHA,  BCAHA,  PCAHA  and the Port Coquitlam Amateur Athletic Association as the Executive deems it expedient or appropriate, and shall observe all laws, rules and regulations by which such associations are governed and where possible shall have representation at their annual meetings.

11.2     These By-Laws shall not be altered or added to except by special resolution.

11.3     A member in good standing shall be entitled to propose a special resolution for consideration at a general meeting provided that the proposed special resolution has the approval of at least 15 members in good standing (as indicated by their signatures on the proposed special resolution) and provided further that the proposed special resolution must be received by the Secretary of the Society at least four weeks prior to the general meeting in which the proposed special resolution is to be voted upon.

11.4     A notice may be given to a member by personal delivery or by mailing to the address shown on the player application form, and if mailed shall be deemed to have been received on the second day following the day of mailing.

11.5     Any rules and regulations not covered by this Constitution and By-Laws shall be governed by Roberts Rules of Order.