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Constitution and Bylaws

Canadian Greens / Green Party of Canada Constitution and Bylaws

Constitution of the
Green Party of Canada


Adopted September 1988.
Amended August 1996, August 1998, August 2000, August 2002, August 2004.
Revised constitution and bylaws proposed by the Constitutional Review Committee and adopted by an 84% affirmative vote in a mail-in vote of all members on August 24, 2006.
Transitional Provisions for Revised Constitution and Bylaws

Article 1 The Body Constituted

The body constituted is the Green Party of Canada, also known as the Canadian Greens. Hereafter in this document it is referred to as The Party.

Article 2 Scope of the Constitution and Bylaws

2.1 This constitution and bylaws shall govern the activities of The Party, all persons operating on behalf of The Party, and the rights, responsibilities and duties of its recognized units, committees
and membership.
2.2 The constitution shall have precedence over the bylaws, and any bylaw that is inconsistent with the constitution shall be null and void to the extent of the inconsistency

Article 3 Basis of Unity

1.1 To enhance the effectiveness of the Global Green Movement in creating a Green Society by providing an evolving social and political structure that embraces and supports Green Values and offers itself as a voice for the broader Green Movement
1.2 To elevate and nurture caring and compassionate values among all peoples and all cultures which will provide the basis for sustaining, just, democratic, peaceful and diverse communities.
3.3 To commit ourselves, and encourage everyone, to promote enhanced and socially engaged caring and compassionate values through research, dialogue, and example, as well as through increasing awareness of our own capacities to be caring and compassionate for others, ourselves, and life’s rich diversity.

Article 4 Purpose

It is the purpose of The Party to advance The Party’s platform, policy, values and basis of unity, and to contribute to the welfare of Canada, Canadians and the community of life in Canada by:
4.1 fielding and electing candidates in federal elections
4.2 debating and forming legislation in the Canadian Parliament and by participating in the Government of Canada
4.3 developing policy and platforms consistent with its values and basis of unity
4.4 advancing The Party’s platform, policy, values and basis of unity outside of electoral periods
4.5 forming and maintaining Party organizations at the federal, provincial and electoral district levels
4.6 working in solidarity with green parties globally.

Article 5 Principles

The policies of The Party, in agreement with the Charter of the Global Greens, are founded upon the principles of:
5.1 Ecological Wisdom
5.2 Social Justice
5.3 Participatory Democracy
5.4 Non-Violence
5.5 Sustainability
5.6 Respect for Diversity
Activities, policies, and statements made on behalf of The Party must be consistent with the principles of The Party.
Appendix A shows the Charter of the Global Greens.

Article 6 Accountability

All units and individuals within The Party are accountable to:
6.1 the membership in general meetings of members 6.2 the Federal Council when the membership is not in general meetings

Article 7 Units Definition

The following units of The Party have official standing under the constitution:
7.1 Member: An individual meeting The Party’s membership criteria
7.2 Electoral District Association: An association in which all Party members residing within an electoral district as constituted under the Canada Elections Act have voting rights
7.3 Provincial/Territorial Association: An association in which all Party members residing within a province or territory as constituted under the Constitution Act have membership and voting rights
7.4 Regional Association: An association in which all of The Party members residing within a group of contiguous electoral districts have membership and voting rights
7.5 Federal Council: A council as desribed in Article 9 and are elected or appointed in accordance with the Bylaws.
7.6 Shadow Cabinet: An alternative cabinet to the government who shadow and provide critical opposition on policy matters to the government’s position. This cabinet is elected and appointed in accordance with the bylaws.

Article 8 General Meetings of Members

8.1 General meetings shall consist of:
8.1.1 individual members who have one vote, and
8.1.2 delegates or members carrying proxies who shall have voting rights as set out in the bylaws after the members have adopted a
bylaw or bylaws providing the mechanism whereby delegate or proxy voting is established. (Proviso: This clause shall not come into effect until the members adopt such a bylaw or bylaws.)
8.2 A quorum shall be fifty (50) members present at a general meeting, representing at least two regions.8.3 General meetings shall be held at least once every two years
8.4 Sixty (60) days notice to members is required to call a general meeting
8.5 General meetings of members shall be called in accordance with the bylaws
8.6 Special general meetings of members shall be called in accordance with the bylaws

Article 9 Federal Council

9.1 Composition of Federal Council
The Federal Council shall be composed of:
9.1.1 A Chairperson (1)
9.1.2 The Leader (1)
9.1.3 One representative from each Province of Canada (10)
9.1.4 One representative representing the three Territories of Canada (1)
9.1.5 Nine Councilors at large (9)
9.1.6 The Executive Director (1)
9.2 Meetings of Federal Council
9.2.1 Federal Council shall meet at least four (4) times per year.
9.2.2 Quorum at Federal Council meetings shall be a majority of voting members then in office, but quorum shall be no less than six (6) voting members.
9.2.3 Federal Council may meet by electronic means and in accordance with procedures set in the bylaws
9.2.4 All decisions of Council shall be by a majority of vote of those present and voting, except as may be specifically stated elsewhere in the Constitution or Bylaws.
9.2.5 All members of Federal Council may vote, except the Chairperson who may vote to break a tie, and the Executive Director who shall not vote, but who shall have a voice.
9.2.6 Federal Council may adopt procedural rules for conducting Federal Council meetings, not inconsistent with the Constitution and Bylaws
9.3 Federal Council Committees
9.3.1 The Federal Council may establish a Management Committee with the authority to take action between meetings of the Federal Council. Such actions taken shall require ratification by the Federal Council.
9.3.2 The Federal Council may establish other ad hoc committees as required. The mandate of such committees shall be established by
Federal Council and any such committee shall advise and recommend to Federal Council.

Article 10 Amendments to Constitution and Bylaws

10.1 Constitution
10.1.1 Notice of amendments to the constitution shall be included in the notice of meeting at which the amendments shall be considered.
2.2.2 Amendments shall be submitted by at least three electoral district associations or provincial associations/territories or by at least 15 individual members
10.1.3 Amendments shall be adopted by a majority of the votes cast at a general meeting, and shall be ratified by a majority of the votes cast in a mail-in vote sent to all members in good standing of The Party.
10.2 Bylaws
10.2.1 Notice of amendments to the bylaws shall be included in the notice of meeting at which the amendments shall be considered.
2.2.2 Amendments shall be submitted by at least 5 individual members or by a unit of The Party representing at least five members
10.2.3 Amendments shall be adopted by a majority of the votes cast at a general meeting.

Article 11 Dissolution or Merger

Any resolution to dissolve The Party or to merge it with another party passed at a general meeting shall only become effective upon members passing an identically worded resolution by a vote of greater than ninety (90) percent of the votes cast in members vote conducted by mail-in ballot, with a ballot return date of no later than 120 days following the general meeting at which the resolution to dissolve or merge The Party was passed. For greater certainty, no transfer of The Party’s assets may be commenced or completed until such a mail-in ballot is passed with the required 90 percent majority and the resolution to dissolve or merge The Party takes effect.

Bylaws

Bylaw 1 Membership

1.1 Criteria for membership
1.1.1 Any citizen or resident of Canada, who is at least sixteen (16) or older, is eligible for membership in The Party, with full voting rights, provided the person is not a member of any other political party.
1.1.2 Every member shall uphold this constitution and bylaws.
1.1.3 A member shall cease to be in good standing upon failure to pay the current annual membership fee or upon other conditions as set out by the federal council or in the bylaws.
1.1.4 A person cannot be a member of The Party if the person belongs to an organization whose actions are detrimental to The Party, as determined by Federal Council.
1.1.5 A person who is at least twelve (12) years of age but less than sixteen (16) years of age may be designated a Youth Member, without the right to vote.
1.2 Application for Membership
1.2.1 A person may apply for membership in The Party to:
1.2.1.1 Federal council
1.2.1.2 an electoral district association
1.2.1.3 a provincial/territorial association
1.2.1.4 a regional association
1.2.1.5 a designate of federal council that has been authorized to accept memberships
1.2.2 The above mentioned bodies have the right to set the amount of their own membership fee insofar as:
1.2.2.1 it is the responsibility of the federal council to maintain a register of members; and
1.2.2.2 the federal council may require a membership fee from each body mandated to receive members to cover the costs of servicing the member.
1.2.2.3 the federal council shall ensure that members are notified as their membership fees are due.
1.2.3 Applicants for membership and renewing members shall pay the membership fee directly to The Party and not indirectly through an intermediary person.
1.3 Resignation and Removal of Member
1.3.1 A person shall cease to be a member of The Party
1.3.1.1 by delivering her/his resignation by mailing or delivering it to an address of The Party; or
1.3.1.2 on her/his death; or
1.3.1.3 on being expelled; or
1.3.1.4 on having been a member not in good standing for 12 consecutive months.
1.3.2 A member may be expelled by a resolution of the federal council or a general meeting of members. The person who is subject to the proposed expulsion shall be given an opportunity to be heard at the meeting before the resolution is put to a vote.
1.4 Voting Rights
1.4.1 A member’s right to vote on all matters, including all elections, shall commence after s/he has been a member for 30 days.
1.4.2 When a former member rejoins The Party after having been a member not in good standing for more than one year, that member’s voting rights shall resume 30 days after rejoining The Party.

Bylaw 2 Federal Council

2.1 Selection of Members to Federal Council
2.1.1 Chairperson and Councilors at Large Ten (10) persons shall be elected to Council as Councilors at Large as follows:
2.1.1.1 Nominations shall be by ten (10) members of The Party in good standing
2.1.1.2 All members of The Party in good standing shall be eligible to vote for these positions
2.1.1.3 The Chairperson of The Party shall be appointed or elected by
Federal Council from amongst the ten persons elected
2.1.2 Provincial and Territorial Representatives
2.1.2.1 Five (5) members of The Party in good standing residing within the province or the three territories shall be required to nominate for the position of Provincial Representative or the Territorial Representative in their respective jurisdiction
2.1.2.2 All members of The Party in good standing residing within the province or the three territories shall be eligible to vote for Provincial Representative or the Territorial Representative in their respective jurisdiction
2.1.3 The Leader
2.1.3.1 One hundred (100) members of The Party in good standing shall be required to nominate for the position of Leader.
2.1.3.2 All members of The Party in good standing shall be eligible to vote for the position of the Leader
2.1.4 Election to Federal Council and Term of Office
2.1.4.1 The vote, for any office of Federal Council, shall be by preferential ballot and a majority vote shall elect.
2.1.4.2 All Council members shall be elected to serve a two year term or until their successors are elected, except the Leader who shall serve a four year term or until a successor is elected.
2.1.4.3 In odd numbered years the representatives of Newfoundland and Labrador, New Brunswick, Quebec, Manitoba, Alberta, the representative from the Territories, and five (5) Councilors at Large shall be elected
2.1.4.4 In even numbered years the representatives of Nova Scotia, Prince Edward Island, Ontario, Saskatchewan, British Columbia
and five (5) Councilors at Large shall be elected
2.1.4.5 The Leader shall be elected in 2006 and every four (4) years thereafter.
2.1.4.6 Ballots for elections of Councilors at Large, Provincial Representatives, and the Territorial Representative shall have beside the name of each candidate on the ballot, the Province and the bioregion where the candidate resides.
2.1.4.7 Ballots for election shall be mailed out at least 30 days prior to election day
2.1.5 Removal From Office and Removal of Units
2.1.5.1 The Leader or any member of Federal Council may be removed from office by a ¾ vote of Council
2.1.5.2 The Leader may be removed from office by motion, at a gen-eral meeting, to hold an election to replace the Leader
2.1.5.3 Any Federal Council member who fails to attend two consecutive Council meetings without apparent cause shall be suspended from Council unless the member provides satisfactory written documentation explaining the absences and is reinstated by a majority vote of Council.
2.1.5.4 Any Federal Council member who fails to attend three consecutive Council meetings without apparent cause shall be removed
from Council unless the member provides satisfactory written
documentation explaining the absences and is reinstated by a majority vote of Council. If the member is removed under these circumstances, the member shall be ineligible to run for a Federal Council position in the next election for Council.
2.1.5.5 Federal Council or a general meeting has the authority to deregister any unit of The Party for cause
2.1.6 Vacancy in Federal Council Office
2.1.6.1 Federal Council has the authority to fill, by appointment, any
vacancy, however caused, until the next general meeting.
2.1.6.2 All council members shall be notified of a vacancy within seven (7) days
2.1.6.3 Notice of the vacancy shall be posted on The Party’s website and on The Party’s general electronic mailing list within the same seven (7) day period.
2.2 Assignment of Member to a Province or Territory For voting purposes, the assignment of a member to a province or territory shall be based on the mailing address on file thirty (30) days prior to the Federal Council election day.
2.3 Management Committee If established, the management committee shall:
2.3.1 Consist of a chair, the Leader, two members at large, and the Executive Director.
2.3.2 All members of the management committee may vote, except the Executive Director who shall not vote, but shall have a voice.
2.3.3 The chair and the two members at large shall be appointed or elected by Federal Council from amongst their own members
2.3.4 The management committee shall have a quorum of three, excluding the Executive Director
2.3.5 Meetings of the management committee shall be at the call of the chair or by three voting members.

Bylaw 3 Regions for Constitution Article 8.2

The six (6) regions for the purposes of Article 8.2 of the
Constitution of The Party are:
3.1 Atlantic consisting of Newfoundland and Labrador, Prince Edward Island, Nova Scotia and New Brunswick
3.2 Quebec
3.3 Ontario
3.4 Prairie consisting of Manitoba, Saskatchewan and Alberta
3.5 British Columbia
3.6 North consisting of Nunavut, Yukon and Northwest Territories

Bylaw 4 General Meetings

4.1 Calling of Biennial General Meeting
The biennial general meeting of members shall be called by the Federal Council by majority vote, and shall establish the location and the date of the meeting
4.2 Calling of Other General Meetings
Other general meeting may be called by:
4.2.1 A committee mandated by a general meeting
4.2.2 Federal Council by a 2/3 vote of those voting
4.2.3 Petition to Federal Council submitted and signed by 10% of the members of The Party in good standing
4.2.4 Petition to Federal Council submitted and signed by the CEO of at least 1/3 of the registered electoral district and provincial
associations
4.2.5 A resolution adopted by a general meeting by majority vote of those voting When a general meeting has been petitioned, Federal Council shall select the location and the date of the general meeting, which date shall be set within ninety days of receipt of the petition.
4.3 Resolutions at General Meetings
4.3.1 Members shall be notified at least thirty (30) days in advance of any deadline to submit resolutions for consideration at a general meeting of members
4.3.2 Resolutions shall be submitted by at least five (5) Party members in good standing or a unit representing at least five (5) members
4.3.3 Resolutions that are not submitted in advance and are moved from the floor of the meeting shall only be considered if they are of an emergency nature and shall require a 2/3 vote to be considered by the meeting.
4.3.4 Emergency resolutions shall only be considered after all other resolutions submitted in advance have been disposed of.

Bylaw 5 Selection of Candidates for Member of Parliament

5.1 Candidates
Candidates shall be selected by The Party as follows:
5.1.1 Where there is an electoral district association, the electoral district shall select the candidate in accordance with the association’s bylaws.
5.1.2 Where there is no electoral district association, the selection shall be conducted by a meeting mandated by a general meeting or Federal Council where all Party members in good standing in the electoral district may vote and participate
5.1.3 Where there are no Party members in an electoral district, selection of a candidate shall be by a general meeting, federal council, a committee established by a general meeting or Federal Council, or by a procedure mandated by a general meeting or Federal Council
5.2 Withholding a Candidate Endorsement
The Leader of The Party may withhold a candidate endorsement, but such withholding requires ratification by a 2/3 vote of Federal Council.

Bylaw 6 Shadow Cabinet

6.1 The shadow cabinet shall be selected at a general meeting of members, and such selection shall respect gender parity
6.2 The shadow cabinet may fill its vacancies between general meetings of members
6.3 The shadow cabinet shall be chaired by the Leader or his/her designate
6.4 The Leader may appoint two (2) Deputy Leaders
6.5 The shadow cabinet may create the election platform insofar as it does not conflict with Party policy
6.6 Each member of the shadow cabinet shall:
6.6.1 act as critic for one or more ministries of the federal government
6.6.2 liaise with non-governmental organizations dealing with the same policy areas as the ministry(s).

Bylaw 7 Party Documents

7.1 The federal council shall maintain for viewing by all members:
7.1.1 The Constitution and Bylaws of the The Party.
7.1.2 The Rules of Order of The Party
7.1.3. The Adopted Policy of The Party
7.1.4 The Election Platform of The Party for the immediately previous election
7.1.5 All minutes of previous general meeting and Federal Council meetings
7.2 Items shall be forwarded by mail to members at cost on request.

Bylaw 8 Financial Procedures

8.1 Agency: Federal Council or a general meeting may appoint a registered agent (as per the Canada Elections Act) to issue tax receipts and maintain books for any recognized unit. Agency may be revoked by Federal Council or a general meeting.
8.2 Fundraising: Units may conduct legal fundraising activities.
8.3 Borrowing: Only a general meeting or federal council may authorize borrowing by The Party or any unit thereof, on behalf of The Party.
8.4 Sovereignty: No unit has rights to funds raised by another unit except insofar as federal council or a general meeting may levy fees from units with registered agents to cover the costs of Party registration, annual audits or other essential activities.


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