Canadian Association of Technical Accident Investigators and Reconstructionists
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1. Mission Statement
1.1. The Canadian Association of Technical Accident Investigators and Reconstructionists has as its mission:
1.1.1. to organize into one body specialists in the field of technical accident investigation and reconstruction,
1.1.2. to support and maintain a high standard of ethics, integrity and credibility in the field of technical accident investigation and reconstruction;
1.1.3. to research and communicate matters of mutual interest;
1.1.4. to foster a spirit of camaraderie among the Association members;
1.1.5. to promote traffic safety across Canada.
2. Corporate Seal
2.1. The seal, an impression whereof is stamped in the margin hereof, shall be the seal of the corporation.
3. Conditions of Membership
3.1. Membership in the corporation shall be limited to qualified persons interested in furthering the objectives of the corporation and shall consist of anyone whose application for admission as a member has received the approval of the National Executive of the corporation.
3.2. The manner of application, the fees, if any, associated with application and the annual dues for membership, if any, shall be set by the National Executive and amended by the National Executive at their discretion.
3.3. The National Executive may, at their discretion, request whatever information or data they deem appropriate to assess a person's eligibility for membership.
3.4. All members will be issued a membership card indicating the type of membership granted.
3.5. Such membership cards are subject to cancellation by the National Executive.
3.6. Any member may withdraw from the corporation by delivering to the corporation a written resignation and lodging a copy of the same with the Secretary of the corporation.
3.7. Any member may be required to resign by a vote of 51 percent of the membership.
3.8. Any member will cease to be a member of the corporation upon not being in good standing for a period of three, (3), consecutive months.
3.9. All members are members in good standing except those who have failed to pay any membership fee, annual dues or other debt owing by the member to the corporation and remain not in good standing so long as the debt remains unpaid.
4. Types of Membership
4.1. There shall be three, (3), types of membership:
4.2. In order to be considered for regular membership the applicant must be:
4.2.1. any individual who has successfully completed an accredited course either in Technical Accident Investigatior4 (Level 111), or Accident Reconstruction, (Level IV), and who is actively involved in accident investigation or is actively involved in the teaching of either a Technical Accident Investigatior4 (Level III), or Accident Reconstruction, (Level IV), course, or,
4.2.2. any individual who holds a degree in Engineering or Engineering Technology and is actively involved in accident investigation.
4.3. In order to be considered for associate membership the applicant must be:
4.3.1. any person who does not meet the requirements for regular member status.
4.4. An honorary member will be
4.4.1. those appointed by the National Executive to recognize positive contributions to the corporation.
5.1. The National Executive of the corporation may establish a schedule of initiation or administration fees and annual dues for members and or applicants, as it may deem just and appropriate.
5.2. Initiation and or administration fees, if any, are to be included with each application for membership and shall be non-refundable.
5.3. Annual dues, if any, are to be paid to, and received by, the Treasurer no later than December 31 of each year.
6. Head Office
6.1. Until changed in accordance with the Act, the Head Office of the corporation shall be in the City of St. Albert, Alberta.
7. Organizational Structure
7.1. The organization structure of the corporation shall be as follows:
7.1.1. The Country shall be divided into Regions as the National Executive deems necessary;
7.1.2. Each Region will, as is necessary and approved by the National Executive, establish a Regional Council which will be responsible for administering the requirements established by the National Executive;
7.1.3. Within each Region there may be as many Chapters as is approved by the National Executive;
7.1.4. Each Regional Council "I consist of a Chair, Secretary, Treasurer and two directors, (the Secretary/Treasurer may be the same person), the duties of which will be the same as is found in these by- laws for the National Executive, where applicable, and the Chair will execute duties similar to that of the President of the National Executive but limited to conditions and in scope as is provided otherwise herein or as deemed appropriate by the National Executive.
7.1.5. The Regional Chair will, by reason of that position, become a Director on the National Executive
7.1.6. Only one member of a Regional Council will be permitted to serve on the National Executive at one particular time, committee appointments notwithstanding.
7.1.7. When the Regional Council is established, the first Regional Council will be by appointment by the National Executive and such appointment will remain in effect until the first general meeting of that Region or the expiration of six, (6), months from the date of the appointment, which ever comes first, and at the first general meeting of the region, the positions on the Regional Council will be filled by majority vote and if no general meeting is held prior to the expiration date, the Regional Council will cease to exist.
7.1.8. The National Executive may appoint members to fill vacancies on the Regional Council.
7.1.9. Members of the Regional Council must reside within that Region.
7.1.10. Each Chapter within a Region will have Committee to administer corporation business on behalf of the Regional Council.
7.1.11. The National Executive will establish the size and the duties of the Chapter Committee, as it deems necessary in the interests of the corporation.
7.1.12. The National Executive will be empowered to establish rules, regulations, guidelines and requirements as it de6des for the operation of Regional Council and Chapter Committees.
8. National Executive
8.1. The property and business of the corporation shall be managed by a National Executive that shall be comprised of:
8.1.6. and 4 Directors.
8.2. All members of the National Executive must be individuals, 18 years of age or greater, with power under law to contract, and be members of the corporation.
8.3. The applicants for incorporation shall become the first National Executive of the corporation until their successors are elected.
8.4. All positions on the National Executive shall be elected for a term of two, (2) years, with the exception of the position of Past- President which will be held until replaced by the person whom had mostly recently held the position of President.
8.5. The elections shall be so structured that the positions of President and Vice President are filled in the same year, and that the positions of Secretary and Treasurer are not filled in the same year and such that one half of the Directors positions are filled in any one year, notwithstanding any other extraordinary circumstances that might dictate and require otherwise.
8.6. The office of a member of the National Executive shall be automatically vacated:
8.6.1. if a member has resigned their office by delivering a written resignation to the President of the corporation;
8.6.2. if a member is found to be of unsound mind;
8.6.3. if at a special meeting general meeting of members, a resolution is passed by a majority of the members present at the meeting that the officer be removed from office.
8.6.4. on death
8.7. If any vacancy shall occur for any reason, the National Executive, may, by majority vote, fill the vacancy by appointment.
8.8. Meetings of the National Executive may be held at any time and place to be determined by the National Executive provided that forty-eight, (48), hours notice of such meeting shall be given, other than by mail, to each member of the National Executive.
8.9. Notice by mail shall be sent at least thirty, (30), days prior to the meeting.
8.10. There shall be at least one, (1), meeting per year of the National Executive of the corporation.
8.11. A majority of the National Executive, (five), shall constitute a quorum.
8.12. No error or omission in giving notice of any meeting of the National Executive of the corporation or any adjourned meeting of the National Executive of the corporation shall invalidate such meeting or make void any proceedings taken thereat and any member of the National Executive may, at any time, waive notice of any such meeting and may ratify, approve and confirm any or all proceedings taken or had thereat.
8.13. Each member of the National Executive is entitled to exercise one, (1), vote, with one exception:
8.13.1. The President of the corporation shall cast a vote on matters before the National Executive only in the event of a tie and in all other matters before the general membership the position shall be entitled to one vote.
8.13.2. The Past-President -Ail] not be permitted to vote on matters before the National Executive but in all other matters before the general membership the position shall be entitled to one vote.
8.14. If all the members of the National Executive of the corporation consent thereto generally or in respect of a particular meeting, a member of the National Executive of the corporation may participate in a meeting of the National Executive or a committee of the National Executive by means of such conference telephone or other communications facilities as will permit all persons participating in the meeting to hear each other or permit all persons participating in the meeting to be able to read electronically transmitted text in so long as that text is transmitted at the time of such meeting and each National Executive member participating in such meeting is deemed to be present at the meeting.
8.15. A resolution in writing, signed by all the members of the National Executive of the corporation entitled to vote on that resolution at a meeting of the National Executive of the corporation or committee is as valid as if it had been passed at a meeting of the National Executive of the corporation or committee.
8.16. The members of the National Executive, excluding the Officers of the corporation, shall serve as such without remuneration and no National Executive member of the corporation shall directly or indirectly receive any profit from the position as such; provided that a member of the National Executive of the corporation may be paid reasonable expenses incurred in the execution of their duties.
8.17. A retiring member of the National Executive shall remain in office until the dissolution or adjournment of the meeting at which their retirement is accepted and a successor is elected.
8.18. The National Executive may appoint such agents and engage such employees as it shall deem necessary from time to time and such persons shall have such authority and shall perform such duties as shall be prescribed by the National Executive at the time of such appointment or engagement or as amended thereafter
8.19. A reasonable remuneration for all officers, agents and employees and committee members shall be fixed by the National Executive by resolution.
8.20. Such resolution shall be confirmed by resolution of the members, or in the absence of such confirmation by the members, then the remuneration to such officers, agents of employees and committee members shall cease to be payable from the date of such meeting of members.
9. Powers of the National Executive
9.1. The National Executive of the corporation may administer the affairs of the corporation in all things and make or cause to be made for the corporation, in its name, any kind of contract which the corporation may lawfully enter into and, save as hereinafter provided, generally, may exercise all such other powers and do all such other acts and things as the corporation is by its charter or otherwise authorized to exercise and do.
9.2. The National Executive shall have power to authorize expenditures on behalf of the corporation from time to time and may delegate by resolution to an officer or officers of the corporation the right to employ and pay salaries to employees.
9.3. The National Executive shall have the power to enter into a trust arrangement with a trust company for the purpose of creating a trust fund in which the capital and interest may be made available for the benefit of promoting the interests of the corporation in accordance with such terms as the National Executive may prescribe.
9.4. The National Executive shall take such steps as they may deem requisite to enable the corporation to acquire, accept, solicit or receive legacies, gifts, grants, settlements, bequests, endowments and donations of any kind whatsoever for the purpose of furthering the objects of the corporation.
10.1. The Officers of the corporation shall be the: President, Vice- President, Secretary, Treasurer and any such other officers as the National Executive may, by By-law, determine.
10.2. No officer may hold more than one office at any one time.
10.3. Officers must be members of the corporation.
10.4. All Officers of the corporation shall be elected at an annual general meeting of the members with the exception of the Directors, which shall be elected from an annual regional general meeting.
11. Duties of Officers
11.1. The duties of the Officers of the corporation shall be, generally, and without being restricted to:
220.127.116.11. The President is the chief executive officer of the corporation and shall be responsible for the day to day running of the corporation and for acting upon any and all matters so decided upon by a majority vote of the National Executive at any regular, general or special meeting that may be held.
18.104.22.168. The President shall be so empowered as to enter into contracts on behalf of the corporation.
22.214.171.124. The President shall have the authority to appoint or remove members of the corporation to and/or from committees.
126.96.36.199. The President shall be present for and preside over any regular, general or special meeting of the National Executive and/or any regular, general or special meeting of the general membership.
11.1.2. Vice President
188.8.131.52. The vice President shall in the absence or disability of the President, perform the duties and exercise the powers of the President and perform such other duties as shall from time to time be imposed by the National Executive.
184.108.40.206. The Secretary maybe empowered by the National Executive, upon resolution of the National Executive, to carry out the affairs of the corporation generally under the supervision of the officers thereof and shall attend all meetings and act as clerk thereof and record all votes and minutes of all proceedings in the books to be kept for that purpose.
220.127.116.11. The Secretary shall give or cause to be given notice of all meetings of the members and of the National Executive, and shall perform such other duties as may be prescribed by the National Executive or President.
18.104.22.168. The Secretary shall be the custodian of the seal of the corporation, which they shall deliver only when authorized by a resolution of the National Executive to do so and to such person or persons as may be named in the resolution.
22.214.171.124. The Treasurer shall have the custody of the funds and securities of the corporation and " keep full and accurate accounts of all assets, liabilities, receipts and disbursements of the corporation in the books belonging to the corporation and shall deposit all monies, securities and other valuable effects in the name and to the credit of the corporation in such chartered bank or trust company, or, in the case of securities, with such registered dealer in securities as may be designated by the National Executive from time to time
126.96.36.199. The Treasurer shall disburse the funds of the corporation as may be directed by proper authority taking proper vouchers for such disbursements, and shall tender to the President and members of the National Executive at the regular meeting of the National Executive, or whenever they may require it, an accounting of all the transactions and a statement of the financial position, for the corporation.
188.8.131.52. The Treasurer shall also perform such other duties as may from time to time by directed by the members of the National Executive.
12. Duties of the National Past President
12.1. The position of the Past-President will be to advise the President and offer assistance to the National Executive when a change of officers occurs.
12.2. The Past-President shall also perform such other duties as may from time to time by directed by the members of the National Executive.
13. Duties of the National Directors
13.1. The Directors of the corporation shall decide on matters before the National Executive and shall be such as the terms of their engagement call for or the National Executive requires of them.
13.2. The Directors an the National Executive of the corporation will also hold the position of Chair within their Region, and in the event that certain Regional Councils are not operational at the time a position becomes vacant then the election of those Directors will be from and by the general membership.
14. Indemnities to the National Executive & Others
14.1. Every member of the National Executive or Officer of the corporation or other person who has undertaken or is about to undertake any liability on behalf of the corporation or any company controlled by it and their heirs, executors and administrators and estate and effects, respectively, shall be indemnified and saved harmless out the funds of the corporation, from and against:
14.1.1. all, costs, charges and expenses which such member of the National Executive, officer or other person sustains or incurs in or about any action, suit or proceedings which is brought, commenced or prosecuted against them, or in respect of any act, deed matter or thing whatsoever, made, done or permitted by the member, in or about the execution of the duties of this office or in respect of any such liability,
14.1.2. all other costs, charges and expenses which the member sustains or incurs in or about or in relation to affairs thereof, except such cost, charges or expenses as are occasioned by their own willful neglect of default.
15. Execution of Documents
15.1. Contracts, documents or any instruments in writing requiring the signature of the corporation, shall be signed by the President and one other member of the National Executive and all contracts, documents and instruments in writing so signed shall be binding upon the corporation without any further authorization or formality.
15.2. The members of the National Executive shall have power, by resolution, to appoint an Officer or Officers on behalf of the corporation to sign specific contracts, documents and instrument in writing.
15.3. The directors may give the corporation's power of attorney to any registered dealer in securities for the purposes of the transferring of, and dealing with, any stocks, bonds, and other securities of the corporation.
15.4. The seal of the corporation when required may be affixed to contracts, documents and instruments in writing signed as aforesaid or by any officer or officers appointed by resolution of the National Executive.
16.1. The annual or any other general meeting of the members shall be held at any place in Canada as the National Executive may determine and on such day or days as said National Executive shall appoint.
16.2. The members may resolve that a particular meeting of members be held outside Canada.
16.3. At every annual meeting, in addition to any other business that may be transacted, the financial statement and the report of the auditors shall be presented and auditors appointed for the ensuing year.
16.4. The members may consider and transact any business, either special or general, at any meeting of the members.
16.5. The National Executive or the President or the Vice-President acting in place of the President shall have power to call, at any time, a general meeting of the members of the corporation.
16.6. The National Executive shall call a special general meeting of members on written requisition of members carrying not less than twenty-five percent, (25%), of the voting rights.
16.7. Five percent, (5%), of members of the corporation in good standing at a meeting will constitute a quorum.
16.8. Thirty, (30), days written notice shall be given to each voting member of any annual or special general meeting of members.
16.9. Notice of any meeting where special business will be transacted shall contain sufficient information to permit the member to form a reasoned judgment on the decision to be taken.
16.10. Each voting member present at a meeting shall have the right to exercise one vote.
16.11. Voting by proxy will not be permitted at any meeting of the corporation.
16.12. A resolution in writing, signed by all the members entitled to vote on that resolution at a meeting of members, is as valid as if it had been passed at a meeting of members.
16.13. No error or omission in giving notice of any annual or general meeting or any adjourned meeting, whether annual or general, of the members of the corporation shall invalidate such meeting or make void any proceedings taken thereat and any member may at any time waive notice of any such meeting and may ratify, approve and confirm any or all proceedings taken or had thereat.
16.14. For purpose of sending notice to any member for any meeting or otherwise, the address of the member shall be the last recorded address on the books of the corporation.
17.1. The minutes of any meeting of the National Executive shall not be available to the general membership of the corporation but shall be available to the members of the National Executive, each of whom shall receive a copy of such minutes.
17.2. The minutes of any general or special meeting of the membership shall be available to the general membership of the corporation, each of whom shall receive a copy of such minutes.
18. Voting of members
18.1. At all meetings of members of the corporation every question shall be determined by a majority of votes unless otherwise specifically provided by statute or by the by-laws.
18.2. Regular members are entitled to cast one, (1), vote on matters before the general membership
18.3. Associate and Honorary members are not entitled to vote on matters.
19. Financial Year
19.1. Unless otherwise ordered by the National Executive, the fiscal year end of the corporation shall be December thirty-one, (31).
20.1. The President may form committees and appoint and/or remove members from committees and the National Executive shall determine the duties of such committees and may fix any remuneration to be paid.
20.2. The Chair of the Regional Council may appoint and/or remove members to/from regional committees provided that such appointment and/or removal is reported forthwith to the National Executive.
21.1. The by-laws of the corporation not embodied in the letters patent may be repealed or amended by by-law enacted by a majority of the National Executive at a meeting of the National Executive and sanctioned by an affirmative vote of at least two-thirds, (2/3), of the members present at a meeting duly called for the purpose of considering the said by-law, provided that the repeal or amendment of such by-laws shall not be enforced or acted upon until the approval of the Minister of Consumer and Corporate Affairs has been obtained.
22.1. The members shall, at each annual meeting, appoint an auditor to audit the accounts of the corporation for report to the members at the next annual meeting.
22.2. The auditor shall hold office until the next annual meeting provided that the National Executive may fill any casual vacancy in the office of the auditor.
22.3. The remuneration of the auditor shall be fixed by the National Executive.
23. Books & Records
23.1. The National Executive shall see that all books and records of the corporation required by the by-laws of the corporation or by any applicable statute or law are regularly and properly kept.
24. Rules and Regulations
24.1. The National Executive may prescribe such rules and regulations not inconsistent with these by-laws relating to the management and operation of the corporation as they deem expedient, provided that such rules and regulations shall have force and effect only until the next annual meeting of the members of the corporation when they shall be confirmed, and failing such confirmation at such annual meeting of members, shall at and from that time cease to have any force and effect.
25.1. In these by-laws and in all other by-laws of the corporation hereafter passed unless the Context otherwise requires, words importing the singular number or the masculine gander shall include the plural number or the feminine gender, as the case may be, and vice versa, and references to persons shall include firms and corporations.
26.1. Any member of the corporation who conducts themselves in any manner so as to bring disgrace or discredit to themselves or the corporation, shall be subject to punishment as determined appropriate by the National Executive.
26.2. Unacceptable conduct shall include, but not be limited to:
26.2.2. willful and wanton misuse of the laws of physics and equations used in the scope of technical accident investigation and reconstruction;
26.2.3. deliberate concealment or destruction of evidence in any particular case
26.2.4. falsification of evidence or wanton misinterpretation of evidence in any particular case in order to gain favour with an employer or anyone else who may benefit from such falsification or misinterpretation;
26.2.5. display a general poor understanding of the accepted methods of performing technical accident investigation and/or reconstruction
26.3. Accusations made during cross-examination during a court proceeding shall not constitute proof of wrongdoing.
26.4. Any person accused of wrongdoing or misconduct has he right to a review by a three, (3), person discipline committee, to be struck as follows:
26.4.1. one member chosen by the President of the corporation
26.4.2. one member chosen by the member under review
26.4.3. one member chosen by and agreeable to both the complainant and the member under review.
26.5. Any member selected to sit on the discipline committee must be a regular member of the corporation in good standing.
26.6. The member appointed to the discipline committee by the President of the corporation will act as the Chair of that committee.
26.7. The member chosen by the member under review may not be a co- employee, subordinate or supervisor.
26.8. The member mutually agreed upon by the complainant and the member under review may not be co-employee, subordinate or supervisor of either party.
26.9. Resumes of proposed discipline committee members shall be submitted to the President of the corporation for approval prior to the discipline committee being struck.
26.10. The President of the corporation may disallow a member from forming part of the discipline committee if that member is in violation of these by-laws and cause an alternate candidate to be submitted
26.11. Upon receipt of a written complaint of wrongdoing or misconduct, the President of the corporation shall forward a copy of the letter of complaint to the member which is the subject of the complaint within fourteen, (14), days.
26.12. Upon receipt of the copy of the complaint the member named in the complaint, has at the option, the right to submit, in writing, a statement of defence to the allegation and provide any documentation to support their position
26.13. The statement of defence and any supporting documentation shall be received by the President of the corporation within forty-five, (45), days of the mailing date of the copy of the letter of complaint to the member subject of the complaint.
26.14. All written correspondence between the corporation and the subject of the complaint shall be by registered mail or by commercial courier and all costs so incurred will be the responsibility of the corporation.
26.15. If the member accused of wrong doing or misconduct chooses to forfeit their right to submit a statement of defence or any additional documentation m4thin the prescribed time frame, then the discipline committee may only consider those documents properly submitted to and before the committee.
26.16. The President of the corporation, upon receipt of all documentation relating to the complaint shall strike a discipline committee by selecting a representative and accepting the remaining members within fourteen, (14), days.
26.17. The Chair of the discipline committee, upon being charged, shall forward copies of all documentation relating to the complaint to the remaining committee members within fourteen, (14), days.
26.18. The members of the discipline committee shall independently review all documentation provided and prepare independent reports outlining the specific allegation and their findings of fact relating to the allegation or allegations if more than one, as substantiated or unsubstantiated.
26.19. All discipline committee members' reports shall be received by the Chair of the discipline committee within thirty, (30), days from the date of mailing of the documentation from the Chair to the other discipline committee members.
26.20. The Chair of the discipline committee shall prepare a report outlining the summary of findings from the discipline committee members and provide the conclusions of the committee as they relate to the allegations being substantiated or unsubstantiated.
26.21. The report may contain recommendations for punishment in the case of a finding of substantiated but only if the recommendations are unanimous among the members of the discipline committee.
26.22. This report shall be forwarded to the President of the corporation, along with copies of the individual discipline committee reports within fourteen, (14), days of receiving said reports.
26.23. The President of the corporation, upon receipt of the discipline committee reports that contain a finding of unsubstantiated on all counts, if more than one allegation, shall provide a copy of the Chair of discipline committees report to the complainant and the member who is subject of the complaint and to each member of the National Executive and to the Chair of the Regional Council in which the complainant and the member who is the subject of the complaint reside within fourteen, (I 4), days of receipt of the report.
26.24. The President, upon receipt of a concluding report from the Chair of the discipline committee, with a finding of substantiated on one or more of the allegations, if more than one, shall within fourteen. (14), days distribute a copy of the report to all members of the National Executive for their recommendations for action.
26.25. The recommendations for action by the National Executive may be delayed until the following National Executive meeting provided said meeting is within ninety, (90), days of the receipt of the concluding report from the Chair of the discipline committee by the President of the corporation.
26.26. The President of the corporation, upon receipt of the report indicating that one or more of the allegations of wrong doing or misconduct, if there are more than one, are substantiated, shall notify the complainant and the subject member of the complaint the manner in which the disciplinary process will follow within fourteen, (14), days.
26.27. The President of the corporation shall notify the complainant and the subject member of the complaint of the disciplinary action imposed within seven, (7), days of the decision by the National Executive
26.28. Any member found guilty of wrong doing or misconduct is subject, at the discretion of the National Executive, to one or more of the following actions:
26.28.1. Revoking of regular membership voting privileges and revoking the right to hold an elected position within the corporation for a period of twenty-four months, (24), and upon the expiration of the twenty- four month period, a letter of sponsorship will be required to reinstate the privileges associated with regular membership status.
26.28.2. Termination of membership
26.28.3. Requirement to successfully complete a re-certification examination appropriate to the member's training, and as deemed to be appropriate by the National Executive and a refusal or failure by the member to complete such requirements in the time frame specified by the National Executive will result in an automatic termination of membership.
26.29. The decision of the discipline committee and the National Executive in the matter are final.
26.30. The general membership shall be made aware of the result of any disciplinary hearing and the result of each by the President of the corporation or the President's delegate, at the first general meeting following the conclusion of the disciplinary process and in so doing, the membership shall be entitled to a brief outline of the facts only.
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