As of January 4, 2010 (updated July 26, 2023)
Table of Contents
- By-Law 1 – Title
- By-Law 2 – Objectives
- By-Law 3 – Membership Rights and Responsibilities
- By-Law 4 – The Executive Committee
- By-Law 5 – Election of Officers
- By-Law 6 – Duties of Officers
- By-Law 7 – Meetings
- By-Law 8 – Facilities, Quarters, Space
- By-Law 9 – Finances
- By-Law 10 – By-Laws
- By-Law 11 – Standing Committees
- By-Law 12 – Conventions and Conferences
- By-Law 13 – Discipline
- By-Law 14 – Amendment of By-Laws
- By-Law 15 – General
- By-Law 16 – Order of Business
By-Law 1 – Title
This Local shall be known as Local 70713, Union of Health and Environment Workers.
By-Law 2 – Objectives
To organize the employees of the Department of Fisheries and Oceans who fall within the jurisdiction of Local 70713.
This Local shall unconditionally subscribe to and accept, as its governing documents, the Constitution of the PSAC and the By-Laws of the Union of Health and Environment Workers (UHEW). The Local shall establish By-Laws for its operation and these By-Laws shall be fully consistent with the By-Laws of this Component and shall in no way contravene its provisions.
The duly established Local shall have jurisdiction over its members who shall be subject to the terms and conditions of the By-Laws of the Local.
By-Law 3 – Membership Rights and Responsibilities
Membership shall be open to all employees of Fisheries and Oceans, National Capital Region, as designated by the Union of Health and Environment Workers,
Members in good standing:
- have the right to representation by the Local for complaints and grievances;
- Have the right to vote at Local (non-executive) meetings, the right to nominate members for election to run for an elected position or be appointed to a position
have the right to vote on proposed amendments to Local By-laws in accordance with UHEW By-Law 5 section 4.
Upon being granted membership in the Local for the term of such membership, each member is deemed to have agreed to abide by these By-Laws, the By-Laws of the Union of Health and Environment Workers and the Constitution of the Public Service Alliance of Canada.
The receipt by the Public Service Alliance of Canada of the official form authorizing payroll deduction of dues shall constitute evidence of membership for the issuance of identification cards and for granting of all rights and privileges as outlined in the By-Laws of the Local, the By-Laws of the Union of Health and Environment Workers and the Constitution of the Public Service Alliance of Canada.
The membership dues shall not be less than the total dues as established by Convention of the Public Service Alliance of Canada and the Convention of the Union of Health and Environment Workers, and the annual membership meeting of this Local.
The amount of monthly dues payable by each member of this Local to the Local shall be determined by a two-thirds (2/3) majority vote at the Annual Membership Meeting or at a General Meeting, provided that 30 days’ notice is given to the general membership.
It is the responsibility of each member to change their address through the PSAC website or by filling out a new electronic membership card and informing the Local.
By-Law 4 – The Executive Committee
There shall be an Executive Committee composed of the following officers which shall be the governing and administrative body of Local 70713:
- Up to one additional Director per 100 Local members.
A majority of the Executive Committee shall constitute a quorum.
The Executive Committee by a majority approval shall authorize the incurring of all just debts of the Local.
The Executive Committee shall establish any committee necessary to conduct the affairs of the Local. The President shall be a member ex-officio of any committee so formed.
Any member of the Executive Committee may be relieved of his/her duties on sufficient evidence that the Executive member is not performing said duties in the best interests of the Local. This action can be initiated as per UHEW Bylaw 18.
The Executive Committee shall have the authority to fill a vacancy left by an officer during a term of office for the balance of that term.
On vacating the respective position(s) which the officer may hold, The officer(s) of the Local shall deliver to the Secretary all funds, documents or other properties of this Local within ten days.
The Executive Committee shall deal with Departmental officials on matters affecting the interests of members of the Local. The Executive Committee shall also be empowered to initiate action on matters having broader effect than the interests of its own members, by submission in writing to the National Executive, or by resolution to the UHEW Triennial National Convention, or by submission in writing to the Area Council of the Public Service Alliance of Canada, whichever is appropriate.
By-Law 5 – Election of Officers
The offices of President, Vice-President, Secretary, Treasurer and Directors, shall be filled by election at the annual membership meeting. These officers shall take office immediately after the close of the annual membership meeting and shall hold office until the end of the term for which they have been elected.
- The offices of President, Treasurer and the first and third Directors (plus any other odd-numbered Directors, if applicable) shall be filled by election on odd years, and their term of office shall be for two (2) years.
- The offices of Vice-President, Secretary and the second and fourth Directors (plus any other even-numbered Directors, if applicable) shall be filled by election on even years and their term of office shall be for two (2) years.
The Oath of Office shall be administered to all officers before taking office.
Only members in good standing are eligible to hold office or vote for candidates seeking office in Local 70713.
All elections conducted by the Local shall be done either electronically, by secret ballot or by show of hand if agreed upon by the membership. All elections conducted by the Local shall be decided by a simple majority, during the Annual General Meeting.
In the event of more than two candidates running for office, the candidate receiving the fewest number of votes shall be dropped from the ballot whenever a clear majority of the votes cast is not accorded any candidate. This procedure shall continue on each succeeding ballot for the office until a candidate receives the required majority.
The Local Executive Committee may appoint a Nominating Committee from the Local of not less than two (2) members.Section 8
The Nominating Committee shall:
- Select a Chairperson;
- Obtain a complete slate of consenting officers for office. Said slate shall be presented to the annual meeting and the Elections Chairperson.
- The Regional Vice-President shall be the Elections Chairperson.
- Said Chairperson can call for and accept nominations from the floor in addition to the slate presented by the Nominating Committee;
- Said Chairperson shall ensure that the nominees indicate their willingness to serve if elected;
- Said Chairperson shall request a motion to close nominations after the third call;
- Said Chairperson shall be responsible for the orderly conduct of the election.
The election of the President, Vice-President, Secretary, Treasurer, and the Directors shall proceed in that order.
The nominator of a candidate for office, or in his/her stead the seconder of the nomination, shall have the right to address the meeting for a period not to exceed three (3) minutes.
Candidates nominated for office shall have the right to appoint a scrutineer.
New elected executive members must complete the Talking Union Basics (TUB) and Grievance Handling training.
The newly elected executive member must register for the first available training session after being elected.
By-Law 6 – Duties of Officers
The President shall:
- preside at all meetings of the Executive Committee;
- preside at general membership meetings, annual membership meetings and special membership meetings;
- preside as the Chair of any Local sub-committee;
- interpret and enforce the due observation of the Local By-Laws;
- convene special meetings of the Local or Executive Committee;
- ensure that the Executive Committee carries out the approved directives from the membership in accordance with the Local By-Laws;
- report to the Executive Committee and keep its members fully informed;
- vote only in the case of a tie.
The Vice-President shall:
- perform all the duties pertaining to the office of the President in the absence of the President;
- attend meetings of the Executive Committee;
- perform such duties as may be assigned by the President.
The Secretary shall:
- be responsible for maintaining an accurate account of proceedings of the Executive Committee meetings, general membership meetings, the annual membership meetings and any other meetings called by the Executive Committee;
- forward promptly to the President and/or the Executive Committee all applicable correspondence and documents as received;
- be responsible for all official documents of the Local;
- forward a copy of all membership meeting minutes and other documentation to the Union of Health and Environment and Health Workers and the Regional Vice-President;
- perform such other duties as may be assigned by the President.
The Treasurer shall:
- be responsible for the funds of the Local;
- deposit funds in a chartered bank or trust company;
- disburse payment of all just debts of the Local;
- prepare a statement for the general membership meetings, the form of which shall be approved by the Executive Committee;
- prepare a draft budget and a reviewed or audited financial report signed by two (2) Local members in good standing (who are not Executive Committee Members) for the annual general membership meeting;
- forward a balance sheet and financial report to the Union of Environment and Health Workers;
- have the financial records of the Local at the disposal of the Executive Committee at all times;
- attend meetings of the Executive Committee.
The Directors shall:
- attend meetings of the Executive Committee;
- perform such duties as may be assigned by the President.
By-Law 7 – Meetings
The Executive Committee:
- shall meet not less than quarterly, on dates agreed upon by the Executive Committee;
- shall meet upon the call of the President;
- shall meet upon a written request by a majority of the members of the Executive Committee.
Section 2 – Annual General Membership Meetings
The Annual General Meeting (AGM) of the Local shall be held once a year and a minimum of 30-day notice will be provided to the members. The Annual General Meeting shall be held in accordance with the Union of Health and Environment Workers By-Laws for the purpose of receiving annual reports, the consideration of business, the amendment and/or distribution of By-Laws, and the election of officers.
An annual membership meeting shall be held for the purpose of receiving annual reports from the Executive Officers and Committee Chairpersons for the consideration of business required under the By-Laws and for the holding of annual elections of officers, to fill the offices of President, Vice-President, Secretary, Treasurer and Director(s).
The annual membership meeting shall take place prior to March 31 of each year.
The annual membership meeting shall have a quorum of seven (7) members in addition to the Executive Committee. Without quorum, the meeting must be cancelled or rescheduled.
Section 3 – General Membership Meetings
The Executive Committee may call a special meeting of the Local and where possible, the membership shall receive at least seven (7) days’ notice in writing.
Any general membership meeting shall have a quorum of seven (7) members in addition to the Executive Committee. Without quorum, the meeting must be cancelled or rescheduled.
By-Law 8 – Facilities, Quarters, and Space
Local 70713 may, with the approval of the National Executive, acquire by purchase or lease, quarters and facilities necessary for the conduct of the affairs of the Local. Cost of such space, quarters and facilities shall be borne by Local 70713.
By-Law 9 – Finances
The Local must provide the following records annually to the Component within 30 days of the Annual General Meeting or by April 1, whichever comes first.
In addition, Locals will provide the National Office with the following:
- A detailed financial statement of receipts and expenditures audited by 2 nonexecutive members in good standing of their respective Local and/or accredited accounting firm
- Minutes of the AGM
- Current bylaws highlighting any changes made at the AGM
- List of officers elected
- Dues Reporting Form
- Any other reports/forms deemed necessary by the National Office
The fiscal year of this Local shall be from January 1st to December 31st.
The Local Executive shall approve three (3) signing officers, two (2) of whom shall sign all cheques. The signing officers shall be the Treasurer and any two (2) of the following: President, Vice-President, Secretary or Director, as delegated by the Local Executive.
All officers with signing authority shall be bonded for an amount not less than $5,000 (five thousand dollars).
All financial records of this Local shall be maintained in an approved manner as advised by the Union of Environment Workers.
This Local shall not enter into any financial contractual understanding or agreement without prior approval by the National Executive.
All financial records of this Local shall be retained for the legal period prescribed by the Income Tax Act as interpreted by the Minister of National Revenue.
The Executive Committee shall select two (2) members as reviewers from the membership to:
- perform an annual audit of the financial records of the Local;
- present a report of their findings and recommendations to the annual membership meeting.
Officers of the Executive Committee or appointees of the Executive Committee shall be reimbursed for just debts incurred while performing duties on behalf of the Local.
Reimbursement of expenses or just debts incurred by Officers of the Executive Committee and/or their appointees shall be in accordance with schedule of expenses adopted by the Executive Committee.
By-Law 10 – By-Laws
The By-Laws adopted by Local 70713 shall be consistent with the By-Laws of the Union of Health and Environment Workers and the Constitution of the Public Service Alliance of Canada.
By-Law 11 – Standing Committees
The Executive Committee may establish standing committees when required.
The Executive Committee shall appoint standing committee chairpersons as needed or required.
By-Law 12 – Conventions and Conferences
Whenever possible and necessary, Local President and/or Vice-President are automatic delegates and observers to Convention and/or Conferences. The sitting Executive shall also attend as delegates or observers if possible and will provide recommendations on other potential attendees, financial commitment and numbers to the membership. Others outside the Local Executive is to be decided by majority vote by those in attendance at the Local AGM.
The Local shall elect Alternates for the Union of Health and Environment Workers Conventions (UHEW) or Public Service Alliance of Canada (PSAC) in place of any delegates or observers who cannot attend. The succession order of delegate replacement will be observers and thus alternates moving up to observers.
Immediately following the election of delegates, observers and alternates as mentioned in Sections 1 and 2 of this By-Law, the Secretary shall submit to the Union of Health and Environment Workers, the names of the delegates, observers and alternates.
The Local shall have the right to send observers to Conventions or Conferences. As required, the Local will supplement expenses incurred by Observers where funding by the Union of Health and Environment Workers falls short.
All participants in Conventions and Conferences shall submit a written report within two weeks as per guidelines established by the Local Executive.
By-Law 13 – Discipline
The Local shall have the authority by a majority vote at a membership meeting to suspend or expel from Local Office any officer or member for contravening a provision of these By-Laws.
The Officer or member so dealt with as provided for in Section 1 of this By-Law shall have the right to appeal said decision to the Union of Environment Workers.
By-Law 14 – Amendment of By-Laws
These By-Laws may be amended at any Local meeting other than the Annual Membership Meeting provided that:
- thirty (30) days’ notice in writing has been given to the membership;
- there is approval by a two-thirds (2/3) majority vote of the members in attendance;
- there is a quorum of not less than seven (7) members in addition to the executive present when such amendment or amendments are voted upon. If no quorum is present, the presiding officer of the meeting shall adjourn the meeting to a date not less than thirty (30) days thereafter and the decisions made at the subsequent meeting shall be binding on members of Local 70713 regardless of the number of members present, provided that notice of the subsequent meeting is given by the Secretary in the manner herein provided.
By-Law 15 – General
Unless expressly provided otherwise by these By-Laws, all decisions requiring a vote shall be decided by a simple majority.
Nothing in these By-Laws shall be construed to conflict with the By-Laws of the Union of Health and Environment Workers or the Constitution of the Public Service Alliance of Canada.
The following interpretation shall apply in these By-Laws:
- “may” is to be construed as permissive;
- “shall” is to be construed as imperative;
- “the Local” shall be construed to refer to Local 70713, Union of Environment Workers.
By-Law 16 – Order of Business
The following shall be the order of business at all general membership meetings or special membership meetings of this Local:
- Call to Order;
- Reading of Minutes;
- Business Arising from the Minutes;
- Reading of Correspondence;
- Report of Committees;
- Election of Officers;
- New Business;