These By-Laws pertain to activities of the Scientific and Analytical (S&A) Group of The Professional Institute of the Public Service of Canada (PIPSC), henceforth referred to as "the Group", which are not covered specifically by the By-Laws and Regulations of the Professional Institute and are made pursuant to those By-Laws and Regulations.
"Employer" shall be the Canadian Food Inspection Agency (CFIA).
"Institute" means The Professional Institute of the Public Service of Canada (PIPSC).
"Members" means those who meet the requirements of By-Law 3.
“CFIA S&A Group” means the Scientific and Analytical Group.
“President” means President of the Group unless otherwise specified.
“Vice-President” means Vice-President of the Group unless otherwise specified.
BY-LAW 1 NAME
The name of this organization shall be the Scientific and Analytical Group of The Professional Institute of the Public Service of Canada, hereinafter referred to as “the Group".
BY-LAW 2 GROUP AIM
The aim of the Group shall be to further the professional interests of its members; to protect the status and standards of their professions; to formulate and express the views of the members on matters affecting them, and to ensure that the interests of the Group are represented in all proceedings of the Institute and of the Employer that may affect the Group. The Group Executive shall speak for the Group in dealing with the Institute and/or the Employer. This in no way infringes on the right of an individual to approach the Institute or the Employer on his/her own behalf.
BY-LAW 3 MEMBERSHIP
3.1 Every member who belongs to the Group and who is a Regular member of the Institute shall also be a Regular member of the Group.
3.2 Every Regular member of the Group who becomes a Retired member of the Institute shall also become a Retired member of the Group.
BY-LAW 4 RIGHTS OF MEMBERS
4.1 All members shall be eligible to attend, speak and vote at General Meetings of the Group, nominate members for positions on the Group Executive, propose amendments to the Constitution and By-Laws of the Group, and vote in Group affairs.
4.2 All Regular members shall be eligible to vote for officers. Only Regular members shall be eligible to be candidates for office.
4.3 Only Regular members shall be eligible to vote on matters related to collective negotiations, including the method of dispute resolution and the ratification of proposed collective agreements.
BY-LAW 5 FINANCES
5.1 Fiscal Year: The fiscal year of the Group shall be the calendar year.
5.2 Expenditures: The Group Executive shall expend such monies as it considers necessary for the conduct of the business of the Group.
5.3 Group Funds: Group funds will be maintained in an account assigned by the Institute.
5.4 Signatures: Financial transactions shall require the signatures of any two (2) of the President, Vice-President, Secretary and Treasurer of the Group. A written account shall be kept of all expenditures.
5.5 Auditing: As required, auditing and verification procedures shall be carried out by two (2) members of the Group who are not responsible for the administration of Group funds.
BY-LAW 6 GROUP EXECUTIVE
6.1 Role: The Group Executive shall be responsible for the timely conduct of the business of the Group. They shall manage the affairs of the Group in such a manner as to promote the aims of the Group as expressed by the majority of members. The Executive shall be responsible for informing members of current concerns and for ascertaining the viewpoint of the membership.
6.2 Composition: The Group Executive shall be composed of a President, a Vice-President, a Secretary, a Treasurer and Members-at-Large to a maximum permitted by Institute By-Laws, elected by and from the Group members The Group Executive shall elect the officers from their elected members and subsequently may modify these appointments by majority agreement among themselves.
6.2.1 Make up: The make up of the Group Executive shall be based on the regional structure of the Institute - namely British Columbia/Yukon, Prairie/Northwest Territories, Ontario, National Capital, Québec and Nunavut, and Atlantic Regions. The Group Executive shall consist of five (5) members-at-large, namely two (2) from the NCR Region and three (3) from the other five (5) regions, plus six (6) additional members representing each region. One member shall be elected by each region to represent that region.
6.3 Terms of Office:
6.3.1 Group Executive: The term of office of the Group Executive members shall be two (2) years. Group Executive members shall take office following the Group Annual General Meeting.
6.3.2 Group Executive Officers: The term of office for the President, Vice-President, Treasurer and Secretary shall be one year subject to the results of the Group election.
6.4 Meetings: The Group Executive shall meet as frequently as is required, but at least twice a year.
6.5 Quorum: A quorum at Group Executive meetings shall consist of five (5) members of the Group Executive.
6.6 Voting: Decisions shall be by majority vote.
6.7.1 If the position of the President becomes vacant for any reason the Vice-President shall become President until the next election.
6.7.2 If a position, other than that of the President, becomes vacant for any reason, the remaining members of the Executive may select an eligible member of the Group to fill that vacancy until the next election. 6.7.3 Any member who is absent from two (2) consecutive meetings of the Executive without valid reason shall be considered to have resigned from the Executive.
BY-LAW 7 DUTIES OF THE GROUP EXECUTIVE
The Group Executive shall be responsible for the timely conduct of the business of the Group. They shall manage the affairs of the Group in such a manner as to promote the aims of the Group as expressed by the majority of members. The Executive shall be responsible for informing members of current concerns and for ascertaining the viewpoint of the membership.
7.1 President: The President shall call and preside at all meetings of the Group and of the Group Executive. In the absence of the President, the Vice-President shall perform the duties of the President or, in the absence of the latter, a designated member of the Group Executive shall perform the duties.
7.2 Vice-President: The Vice-President shall assist the President in the performance of his duties and in the event of the absence or incapacity of the President, shall assume the duties of the President.
7.3 Secretary: The Secretary shall be responsible for sending notices of all meetings of the Group Executive and of the Group. The Secretary shall record minutes of all meetings of the Group Executive and of the Group (including member attendance), shall circulate copies of the minutes to the Group Executive as soon as possible thereafter, ensure that a copy of the minutes is filed with the Institute and maintain records and correspondence of the Group and of the Group Executive.
7.4 Treasurer: The Treasurer shall control the funds of the Group as directed by the Group Executive. The Treasurer shall maintain the financial records of the Group as required by Institute policy; prepare and present a financial report which has been audited by two (2) members of the Group appointed by the Group Executive, for each Annual General Meeting of the Group; submit a detailed financial statement to the Institute as required; and prepare the request for the annual allowance of the Group. Copies of the financial report shall be available to all Group members.
7.5 Other Members: Other members of the Executive shall perform duties on behalf of the entire group as the Executive deems appropriate.
7.6 Committees: The Executive shall establish committees as necessary, with terms of reference and membership to be decided by the Executive. Committees shall be dissolved by majority vote of the Executive.
7.7 Bargaining Team: The Bargaining Team shall normally be composed of Executive members. A Core Team that attends the bargaining sessions shall be determined by the Executive. If additional members are required, Regular non Executive members are also eligible to be members of the Bargaining Team. Tentative agreements achieved from all forms of bargaining shall be ratified by a vote of the members in accordance with By-Law 4.3.
BY-LAW 8 ELECTIONS
8.1 Notwithstanding By-Law 8.7, all members of the Executive shall be elected by secret ballot.
8.2 Elections to the Executive shall take place for those positions vacated by the completion of the term of office. All Regular members of the Group may run for the vacated positions within their own region. All Regular and Retired members of the Group are eligible to vote for vacated positions within their own region. The process shall be completed before the Annual General Meeting.
8.3 The Group Executive shall appoint an Elections Committee consisting of a member of the Executive who is not seeking re-election plus one (1) Regular member to receive nominations for positions on the Group Executive, and to conduct the election. The Elections Committee shall serve as Returning Officers and shall establish procedures for the efficient conduct of the election, the counting and tabulating of ballots and all matters directly related thereto not otherwise specified in these By-Laws. The Elections Committee shall scrutinize the nominations for eligibility and willingness of nominees to serve.
8.4 Any member of the Elections Committee who becomes a candidate in the election shall resign from the Elections Committee.
8.5 The Elections Committee shall distribute a request for nominations to all members of the Group at least four (4) weeks prior to the closing date for nominations.
8.6 Nomination forms must be received at the National Office of the Institute by close of business on a date to be determined by the Elections Committee.
8.7 In the event that insufficient nominations are received to fill the vacancy (ies), the Elections Committee shall attempt to obtain the names of additional members willing and eligible to serve. If none are forthcoming the newly elected Executive may appoint someone to those positions.
8.8 Nominations must be supported by at least two (2) Regular members of the Group and the nominee must indicate a willingness to serve if elected.
8.9 Nominees must indicate on their nomination form their geographic location within the regional structure of PIPSC (i.e., British Columbia/Yukon, Prairie/Northwest Territories, Ontario, National Capital Region, Quebec and Nunavut or Atlantic Region) and whether they are running for a regional or member-at-large position, but not both.
8.10 In the event that there are more nominations than vacant positions to be filled, the Elections Committee shall arrange for ballots to be distributed to all members eligible to vote for those position(s).
8.10.1 Five (5) Group Executive positions shall be maintained for members-at-large of which two (2) shall be from the NCR Region. In the event that there are more nominations than vacant positions to be filled, the Elections Committee shall arrange for ballots to be distributed to all members eligible to vote.
8.11 Ballots must be distributed at least four (4) weeks prior to the date set as the deadline for the return of ballots.
8.12 Ballots must be received at the National Office of the Institute by the close of business on a date to be determined by the Elections Committee.
8.13 There shall be a ballot for the election of regional candidates and/or a ballot for the election of members-at-large. Members shall vote for one regional candidate from their region and/or up to five (5) national members-at-large.
8.13.1 Vacancies shall be filled on a regional basis allowing for a maximum of one (1) member of the Group Executive per region. The candidate receiving the highest number of votes for the positions in each region shall be declared elected.
8.13.2 Vacancies shall be filled on a national basis allowing for five (5) members on the group Executive. Candidates receiving the highest number of votes will be appointed based on the votes and geographic location to comply with By-Law 6.2.1.
8.14 Results of the election will be made known at the Group Annual General Meeting. The Elections Committee shall ensure that all members are informed of the results of the election as soon as possible following the Annual General Meeting.
8.15 The newly elected Executive shall take office immediately following the announcement of the results of the election.
8.16 Once members of the Group Executive have been elected, they shall meet and elect from amongst themselves, members to the positions of President, Vice-President, Secretary and Treasurer. This shall occur at the first Executive meeting following the Group Annual General Meeting.
BY-LAW 9 MEETINGS
9.1 The Annual General Meeting of the Group is its governing body. All members are entitled to attend.
9.1.1 The Group Executive shall call an Annual General Meeting of the Group once each calendar year. The interval between such meetings shall not exceed fifteen (15) months.
9.1.2 Members shall be notified of the meeting and of any proposed changes to this constitution at least four (4) weeks prior to the date of the meeting. A request for resolutions for the Group Annual General Meeting shall be included in the letter.
9.1.3 Quorum: Fifty percent (50%) of the members in attendance at the beginning of the meeting shall constitute a quorum.
9.1.4 Failure to Obtain Quorum: Failure to obtain a quorum shall be remedied by sending out a further notice of meeting. This notice shall be sent within two (2) weeks of the original meeting date. All members present at this meeting shall constitute a quorum.
9.1.5 Agenda for AGM: The agenda shall include the following items:
Roll Call (members of the Group Executive)
Approval of the Agenda
Adoption of the Minutes of the previous Annual General Meeting
Business Arising from the Minutes
Report of the President
Annual Financial Report
Report of the Elections Committee
Resolutions, including proposed By-Law amendments
9.1.6 Voting: All members present at the Annual General Meeting are eligible to vote. Voting shall normally be by a show of hands and each member shall have one (1) vote. Decisions shall be by a simple majority vote. Proxy voting shall not be permitted.
9.1.7 Filing of Documents: Each year, following the Annual General Meeting, after being vetted by the Group Executive, the Group Executive shall submit a copy of the draft AGM minutes, the annual financial report and the elections report to the Office of the Executive Secretary of the Institute prior to the end of the calendar year.
9.2 Special General Meetings
9.2.1 A Special General Meeting of the Group shall be called by the Group Executive or at the written request of at least ten (10) members of the Group that such action be taken. The petition must clearly state the reasons for the meeting and must be supported by the signatures of not less than ten (10) Group members. The reasons for the meeting shall be clearly outlined in the notice of meeting given to the members. If approved, this meeting shall be held within six (6) weeks of such call or request. If the request is denied, written response and reasons for denial shall be provided within six (6) weeks of the request.
9.2.2 Only the matter(s) for which the Special General Meeting was called shall appear on the agenda.
9.2.3 Quorum: The quorum for this meeting shall be ten (10) voting members.
9.2.4 The same requirements shall apply to the notice, quorum, governance, attendance and voting at Special General Meetings as are prescribed for the Annual General Meeting.
BY-LAW 10 RULES OF PROCEDURE
Notwithstanding the provisions of these Group By-Laws, at any meeting of the Group or Group Executive, matters of procedure, insofar as they are not specifically provided for, shall be governed by a majority vote of the members present voting on the matter of procedure. The Chair of such meeting shall first rule on any matter of procedure or order and shall, in the absence of any By-Law to the contrary, rely upon and be governed by the latest version of Sturgis' Standard Code of Parliamentary Procedure available at the meeting.
BY-LAW 11 CONSTITUTION AND BY-LAWS
11.1 Amendments: Subject to 11.4, these By-Laws may be amended at a General Meeting of the Group. Approval for amendments requires a simple majority of those voting.
11.2 All proposals for amendments to these By-Laws shall be submitted, in writing, to the Executive. Proposed amendments may be submitted by any Regular or Retired member of the Group. The notice of the Group meeting at which the amendments will be considered, shall include:
(a) the article to be amended; and
(b) the new wording.
11.3 Amendments may be proposed either by the Group Executive or by not less than ten (10) Group members. In the latter case, the proposal, in writing, must include the signatures of the members. Where an amendment is proposed by the Group, a secret ballot must be held within three (3) months of the receipt of the proposal by the Executive.
11.4 New Constitution and By-Laws, as well as any amendments shall be submitted to the Institute By-Laws and Policies Committee for review.
11.5 Effective Date: This Constitution and By-Laws, and any amendments thereto, shall take effect following approval by the Institute and ratification by the Group membership.
BY-LAW 12 REGULATIONS
12.1 The Group Executive may adopt Group Regulations where these are deemed necessary to amplify procedures outlined in the By-Laws. The Executive may make such Regulations, consistent with these By-Laws, as it deems appropriate for the operation of the Group.
12.2 The adoption and amendment of such Regulations shall have the support of a simple majority of the Group Executive and shall be reported in a newsletter following the meeting at which the adoption or change was passed.
12.3 All proposed Regulations and amendments thereto shall be submitted to the Institute for review and approval. They shall take effect on a date determined by the Group Executive, but not earlier than the date they were approved by the Institute.
12.4 Each such Regulation shall be presented to the next General Meeting of the Group, and may be rescinded or amended by such meeting. These constitute changes to the Regulations and shall be subject to Article 12.3.
BY-LAW 13 CONTEXT AND GENDER
In this Constitution and By-Laws, expressions in the masculine or feminine gender, in plural or in singular, may be substituted to give effect to the true meaning of the Constitution and By-Laws.
REGULATION 1 COMPENSATION
R5.2.1 It is recognized that attendance at some meetings or functions endorsed by the Group Executive may not be covered by Institute salary compensation guidelines.
In order to diminish any financial disadvantage to the member, the Group Executive may agree to compensate the member from available Group funds.
R5.2.2 Following approval by the Group Executive, application for compensation shall be made in writing to the Institute and Treasurer of the Group specifying the kind of leave taken, the amount of leave taken, the amount of lost pay, and the date and purpose of the meeting. A copy of the signed leave form shall be attached to the application.
R5.2.3 A request will be made by the Group to the Institute to compensate the member using normal procedures and the Institute will be reimbursed from Group funds.
Approved by Board of Directors
May 11, 2002
Approved by the Board of Directors
May 11, 2006
Approved by the Board of Directors
December 12-13, 2011