Canadian Radio Yachting Association, RC Sailing

2020 AGM ballot Motion 7

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An error was made in not listing the complete number of motions on the original 2020 AGM ballot form. The motion that was omitted can be found in the forum thread here:
Please scroll to the bottom of this page to vote on this motion.

These are general housekeeping changes to the bylaws which do not affect the intent of the bylaws.
Here are the notes which can be found in the thread linked above:

Notes on suggested CRYA Bylaw changes – May 2020
Numbers below reflect revised paragraph numbers unless stated.
1.0 Definitions list: seems more efficient than burying in the main sections. Special and Ordinary Resolution definitions are from the NFP Act.
2.7 We use “Board” everywhere else.
6.2 change BC and PEI as full names seem more appropriate in legal document.
7.7 Just thought the old wording was difficult. Added budget requirement as we need authorization for the Treasurer to make payments
Newsletter or website is used over and over in different forms so I’ve changed them all to “Association’s newsletter or website”
8.3 Funding programs “wherever possible” makes no sense to me as it implies inappropriate programs should be funded.
11.1 The Act requires notification of change of address of head office but only a province change needs a change to the Articles where the province is specified. Putting Gunther’s address in the bylaws seems unnecessary and makes it difficult to move the office to another BC location. Just put the mailing address in the newsletter and website.
These are the rules from the Act:
Change of address
(3) The directors of a corporation may change the corporation’s registered office to another place within the province specified in the articles, in which case the corporation shall send to the Director a notice of registered office in the form that the Director fixes.
12. I’ve never seen a seal so let’s say we don’t have one. Otherwise, can someone please produce it. they’re pretty much useless I believe unless we get into real estate.
13.1 to clarify that board sets other fees beyond annual dues.
14.1 Correct AGM to Annual meeting as used in the Act.
15. Move section on classes to precede class rules section so that the general comes before the specific.
15.5 Re-wrote conditions for class associations as the old version confused this with comments about holding national championships. I would think a class association should only be formed where the class members want it so it seems to me the board should be allowed to poll the class members. The board might also want other conditions in the constitution like bi-annual elections or a group management or a system for member input into class matters.
16 Changed title to better describe contents of the bylaw.
16.1-4 This is a re-write of old 14 but now focused on class rule changes dividing into 3 cases – a)classes run internationally, b) classes run by another country e.g. AMYA and c) classes run by the CRYA. Deleted items not dealing with classes.
Class member ballots were restricted to December in the old bylaw. This would create a problem if someone like IOMICA needs an answer to a rule change by June 1st? So these dates were taken out.
Old 14.5 discussed rules of the association so was deleted as this section is for Class matters. In any case, rules and policies of the association should be created by the board. Regulations are not a feature of these bylaws so wording was deleted.
17.1 This was in the prior version but it was combined with Class Association recognition so now separated.
18.1 We are classified as a “Special Organization Member” in the Sail Canada bylaws but Sail Canada likes to use “Affiliate Organization” on their web site.
18.2 Fixed “Designated” to agree with new IRSA definitions.
20 Old Version that specified where assets go on dissolution. Now deleted.
I took this section on dissolution out as it was already covered in the articles with different terms so this bylaw created a conflict. The articles state:
7. Any property remaining on liquidation of the Corporation, after discharge of liabilities, shall be distributed to one or more qualified donees within the meaning of subsection 248(1) of the Income Tax Act. [aside: this should say “as defined in subsection 248(1)”]
“Qualified Donee” as defined in section 248(1) would require the assets to go to a charity or a registered athletic association like Sail Canada but would not allow it to go to say a simple not for profit like a CRYA replacement association or say a sailing youth program as was suggested. I think we should change the articles at some point to be wider and read more like the old bylaw, but it costs about $200 to change the articles.
20.1 A “Special Resolution” (meaning 2/3 majority) is needed to change the bylaws. I think restricting this to member meetings is appropriate and usual.
21.1 Upon is used twice before so changed for consistency.