ATLANTIC PLANNERS INSTITUTE BYLAWS

(As amended July 12, 2005)

• NAME
• OBJECTIVES
• INTERPRETATION
• GEOGRAPHICAL AREA
• MEMBERSHIP CLASSES
• MEMBERSHIP COMMITTEE
• APPLICATION S
• MEMBERSHIP CARDS
• TITLES
• RIGHTS, PRIVILEGES AND RESPONSIBILITIES
• FEE AND ARREARS
• TIME LIMITS
• LEAVE OF ABSENCE
• COUNCIL STRUCTURE
• REMOVAL FROM OFFICE
• PRESIDENT: NOMINATION AND ELECTION
• SCRUTINEERS
• COUNCIL VACANCIES
• COUNCIL DUTIES
• DUTIES OF OFFICERS
• COUNCIL COMMITTEES
• SIGNING OFFICERS
• FISCAL YEAR
• EMPLOYEES
• CORPORATE SEAL
• GENERAL MEETINGS
• VOTING
• NOTICES
• VOTING BY MAIL BALLOTS
• BYLAW AMENDMENT
• USE OF FUNDS
• STUDENT AWARDS
• AFFILIATE AGREEMENT
• PROVINCIAL BRANCHES
• CODE OF PROFESSIONAL CONDUCT AND DISCIPLINE

Ratified by Membership, June 1, 1988 Approved by Council, June 3, 1988

NAME

The name of the association is "The Atlantic Planners Institute/Institut des Urbaniste de l'Atlantique". referred to in these Bylaws as "the Institute".

OBJECTIVES

2. The objectives of the Institute are:

• to advance the study and practice of planning in the four Atlantic Provinces;
• to promote a high standard of professional competence and conduct in the practice of planning; and
• to provide services to the members of the Institute.

INTERPRETATION

3. In these Bylaws:

• "CIP" means the Canadian Institute of Planners.
• "Code of Professional Conduct" means the Code of Professional Conduct contained in Schedule "B" of the Bylaws of the Canadian Institute of Planners.
• "Council" means the Council of the Atlantic Planners Institute.
• "Institute" means the Atlantic Planners Institute.
• "Member" means a member of the Institute in good standing in any class unless otherwise specified within the context of these Bylaws.
• "Membership Committee" means the committee appointed to deal with Institute membership matters.
• "National Council" means the Council of CIP.
• "National Membership Committee" means the committee appointed by the National Council to deal with CIP membership matters.
• "Planning" means the planning of the scientific, esthetic and orderly disposition of land, resources, facilities and services with a view to securing the physical, economic and social efficiency, health and well-being of urban and rural communities.
• "Resident" means a person who resides in one of the four Atlantic Provinces.
• "Responsible Professional Planning Experience" means work experience as defined in the Bylaws of CIP.

5. There an interpretation of any part of these Bylaws may be required, the meaning and provisions of the CIP Bylaws shall prevail.

GEOGRAPHICAL AREA

6. The Institute shall carry out its functions in the Provinces of Newfoundland and Labrador, Nova Scotia, New Brunswick, and Prince Edward lsland.

MEMBERSHIP CLASSES

7. Membership in the Institute is divided into the following classes:

Corporate members as defined in the CIP Bylaws;

• Fellow
• Member
• Provisional Member
• Student Member
• Non-practicing Member
• Non-corporate members;
• Honorary Member
• Associate Member

8. Membership qualifications shall be as follows:

• Fellow - any resident who has been elected as a fellow of the CIP.
• Member - any resident who has applied and met the membership criteria set by CIP Bylaws.

9. A Provisional Member is any resident who has applied and met the provisional membership criteria set by CIP Bylaws.

10. A Student Member is any student who has applied and met the student membership criteria set by CIP Bylaws.

11. Other Members

• A Non-practicing Member is any member who retains a non-practicing status as defined by the CIP Bylaws.
• An Honorary Member is any member who qualifies as an Honorary member under CIP Bylaws.
• An Associate Member is a person who has made application and been accepted for associate membership in the Institute, who has professional qualifications and employment related to planning, and desires to be associated with the Institute, but is not eligible for any other class of membership

12. Members of all classes except Fellows and Honorary Members shall be elected only if in the opinion of the Membership Committee they meet the necessary qualifications.

MEMBERSHIP COMMITTEE

13. The Council shall appoint a Membership Committee.

14.A majority of the Membership Committee constitutes a quorum.

15.The Membership Committee may by majority vote elect any resident to membership in the Institute, other than a Fellow or Honorary Member, in accordance with the qualification requirements of these Bylaws.

16.The Membership Committee may consult with the National Membership Committee.

APPLICATIONS

17. Applications for membership other than Honorary Membership shall be made to the Chairman of the Membership Committee on a form prescribed by Council

18. An application shall be accompanied by the admission fee or examination fee prescribed by Council.

MEMBERSHIP CARDS

19. Council may issue a membership card annually upon payment of fees.

TITLES

20. The following titles only shall be recognized by the Institute:

• F.CI.P. or M.A.I.C.U. meaning Fellow of the Canadian Institute of Planners.
• MCIP or M.I.C.U. meaning Member of the Canadian Institute of Planners.

RIGHTS, PRIVILEGES AND RESPONSIBILITIES

21. A Fellow or a Member may

• attend and take part in discussion at general meetings;
• vote;
• be elected to Council;
• be elected as an Officer of the Institute;
• serve on a committee;
• receive Institute publications;
• enjoy the rights and privileges extended by the CIP; and
• resign from membership.

22. No Member may resign from the Institute while in arrears of fees, or while being investigated by the Institute in terms of professional conduct

23. Non-practicing, Honorary, Provisional and Student Members have all the rights and privileges of other Members, but may not serve as Officers of the Institute. Associate Members have all the rights and privileges with the exception of the right to vote and to serve as Officers.

24. Members shall agree:

• to observe these Bylaws;
• to observe the Code of Professional Conduct as set out in the CIP Bylaws; and
• to attempt to ensure that other Members also observe the CIP and the Institute Bylaws and the Code of Professional Conduct

25. No Member or other person shall have any cause of action or lawful complaint against the Institute, the Council or any Council member, any Member, Officer, servant, agent, Counsel or Solicitor of the Institute by reason of anything done or omitted, or any other matter conducted in respect of any investigation, enquiry, charge, hearing, report or recommendation or any disciplinary proceeding, order or publication made in good faith under these Bylaws.

FEE AND ARREARS

26. Each Member shall pay an annual fee as prescribed by Council from time to time.

27. The annual fee shall be due and payable on January 1.

28. A member in arrears of the annual fee for three months shall be liable to a penalty as prescribed by the Council from time to time.

29. A person whose membership has been terminated because of arrears may be reinstated to membership in accordance with the affiliate agreement between the Institute and CIP.

TIME LIMITS

30. Provisional Members shall hold membership within the specified time limits of the CIP Bylaws.

LEAVE OF ABSENCE

31. The Membership Committee may grant a leave of absence to a Member in accordance with the provisions of the CIP Bylaws.

COUNCIL STRUCTURE

32. The Institute shall be governed by a Council of seven Members in good standing.

33.   The Council shall be comprised of the following:

a) the President;

b) the President Elect who shall be elected at large by the voting members;

c) one Councillor from each of the Nova Scotia, Prince Edward Island, New Brunswick and Newfoundland and Labrador Branches who shall be elected by the voting members of the Branch at their respective Annual General Meetings;

d) one Student Representative who shall be elected by the Student Members enrolled in the Planning Schools recognized by CIP.

34. The offices of President Elect, and President shall only be held by a Member or a Fellow who has been. or will be, a Member, a Fellow or a Member and Fellow for a period of not less than five years immediately preceding the date on which he or she assumes office. The office of Councillor shall only be held by a person who is a Member or Fellow.

35. A Councillor elected by a Branch shall be a resident of the Province of the Branch from which he or she is elected and shall represent that Branch.

 

36. The terms of office of the President Elect and Councillors shall commence at the close of the Annual General Meeting of their election and continue until the close of the second following Annual General Meeting. The term of office of the President shall commence at the close of the second following Annual General Meeting after his or her election as President Elect and continue until the close of the fourth Annual General Meeting following his or her election as President Elect.

 

37. Notwithstanding Section 36, in the event of a conflict between Section 36 and the Bylaws of the electing Branch, the term of office of a Councillor shall be in accordance with the Bylaws of that Branch.

 

37A. For transitional purposes:

a) the terms of office of the President and Past President in office at the 2005 Annual General Meeting shall be extended without further election from the close of the 2005 Annual General Meeting until the close of the 2006 Annual General Meeting. 

b)  An election for the President Elect shall be held in 2006. The term of office of that President Elect shall be from the close of the 2006 Annual General Meeting until the close of the 2008 Annual General meeting;

c)  the President Elect referred to in clause (b) shall, without further election, become the President from the close of the 2008 Annual General Meeting until the close of the 2010 Annual General Meeting.

 

d) an election for President shall be held in 2006. The term of office of the person so elected shall be from the close of the 2006 Annual General meeting until the close of the 2008 Annual General meeting.

37B. Commencing in 2008 there shall be an election for President Elect which shall be held in every second year following 2008. 

  

38. The term of office of the student representative shall be from the close one Annual General Meeting to the close of the next following Annual General Meeting.

REMOVAL FROM OFFICE

39. Councillors and Officers may be removed from office when

• they cease to be Members of the lnstitute;
• they consistently fail to attend Council meetings;
• they resign from Council. and the resignation is accepted by Council; or
• a resolution of Council declares that they no longer hold office.

PRESIDENT ELECT: NOMINATION AND ELECTION

40. Council shall appoint a Nominating Committee at least 90 days prior to the election of the President Elect at an Annual General Meeting.

41. The Nominating Committee shall nominate at least one person for election as President Elect.

42. The nominations shall be filed with the Secretary at least 60 days before the election.

43. At least 50 days before the election the Secretary shall send to each Member a copy of the nominations and shall request further nominations.

44. Any two Members, Fellows. or Provisional Members may submit a nomi nation in writing, signed by nominators and nominee, and delivered to the Secretary not less than 30 days before the election.

45. The Secretary shall:

• prepare a ballot showing the nominees for President;
• prepare a separate list of the nominators and nominees; and
• send the ballot and the list with the Notice of Annual General Meeting to all Members.

46. The Secretary shall accept ballots until, but not after, 10:00 am. of the day of the opening of the Annual General Meeting.

SCRUTINEERS

47. The Annual General Meeting shall appoint two Members as scrutineers for the counting of the ballots at the Annual General Meeting.

48. The nominee who receives the most votes is elected .

49. lf there is a tie vote, the scrutineers shall place in a ballot box one ballot for each of the nominees in the tie vote, and the President, Secretary, or one of the scrutineers shall in the presence of the Annual General Meeting, withdraw a ballot sight unseen and the nominee named on the ballot shall be declared elected.

50. The scrutineers shall report the results of their count to the presiding Officer of the Annual General Meeting who shall announce the name of the elected President.

COUNCIL VACANCIES

51. When a vacancy occurs in Council, the remaining Councillor shall notify the relevant Branch who shall select a qualified Member to fill the remainder of the term.

COUNCIL DUTIES

52. The Council shall manage the affairs of the Institute in accordance with the Bylaws.

53. The Council shall meet:

• at the call of the President, at least three times annually; and
• at the call of the Secretary, if two Councillors make a request in writing.

54. Before each meeting, the Secretary shall notify each Council member.

55. Four Council members constitute a quorum.

56. Unless otherwise specified in these Bylaws, the Council is bound by a majority vote of the members present.

57. Each Council member has one vote on any question and in the case of a tie vote the presiding Officer shall break the tie.

58. The Council may vote by a show of hands.

59. A Council member who cannot attend a meeting may write the Secretary setting forth a view on any agenda matter, and the Secretary shall present this correspondence to the Council at the meeting; or, the Branch may select an alternate member to attend that meeting.

DUTIES OF OFFICERS

60. Every Officer shall carry out the responsibilities assigned by these Bylaws.

61. The President shall

• preside at Council meetings;
• preside at General Meetings of the Institute; and
• serve as an ex-officio member of all committees.

62. The President Elect elected in 2006 and thereafter shall be the Affiliate Councillor on the Council of CIP from the close of the Annual General Meeting at which he or she is elected until the close of the second following Annual General meeting.

63. The Vice-President shall:

• in the absence of the President, preside at Council Meetings and General Meetings of the Institute; and
• serve as the Chairman of Branch Relations.

64. The Secretary shall:

• present the business for meetings of the Council and General Meetings of the Institute;
• keep a record of all documents of incorporation, Bylaws, proceedings of Council meetings and General Meetings, and correspondence;
• maintain a register of membership names and addresses;
• perform other services which may be prescribed by the Council from time to time.

65. The Treasurer shall:

• attend to the collection and receipt of funds due to the Institute, deposit such funds in a financial institution, and make authorized payments keeping a proper record of all receipts and disbursements;
• prepare for presentation to the Annual General Meeting a statement of the financial affairs of the Institute for the preceding fiscal year, which may be certified by an auditor appointed at the previous Annual General Meeting; and
• perform other services which may be prescribed by the Council from time to time.

66. Despite any other provision in these Bylaws, the Council may, at its discretion, appoint another Council member to temporarily assume duties which cannot be carried out by an Officer for some reason.

COUNCIL COMMITTEES

67. The Council may establish a standing Executive Committee with not less than three Council members to hold office during the term of the Council.

68. The Council may delegate to the Executive Committee such duties as it sees fit.

69. A majority of the Executive Committee constitutes a quorum.

70. The Council may, as necessary from time to time to carry out the functions of the Institute, appoint

• any other standing committee from among Members; and
• any other committee of persons whom the Council considers suitable for a particular purpose.

7.1 When a vacancy occurs on any committee, the Council may appoint a qualified Member to fill the vacancy.

SIGNING OFFICERS

72. Signing Officers for all Institute transactions shall be the Treasurer and at least one other Member of the Institute appointed by the Council.

FISCAL YEAR

73. The fiscal year of the Institute is from January 1 to December 31 of each calendar year.

EMPLOYEES

74. The Council may, from time to time, employ such persons as it considers necessary to carry out Institute work.

CORPORATE SEAL

75.The Corporate Seal of the Institute shall remain in the custody of the Secretary, and shall be used to certify all documents requiring the Seal.

GENERAL MEETINGS

76. An Annual General Meeting of the Institute shall be held each year within 15 months after the previous Annual General Meeting at a time and a place to be fixed by the Council at least 60 days prior to the Meeting.

77. The Secretary shall mail notices of the Meeting and the agenda to all Institute Members at least 21 days before the meeting.

78. The Council shall report at the Annual General Meeting on the proceedings of the Institute during the preceding year.

79. Auditors for Institute accounts may be appointed at the Annual General Meeting.

80. The President may call a special General Meeting at the request of a majority of the Council

81. The Secretary shall mail notices of a special General Meeting indicating the purpose of the meeting to all of the members at least 21 days before the meeting.

82. Seven Members who have voting privileges shall constitute a quorum at any General Meeting.

VOTING

83. Each Member given voting rights in these Bylaws, is entitled to vote at any General Meeting.

84. Votes at a General Meeting may be determined by a show of hands unless a recorded ballot is requested by the majority of those voting.

85. A tie vote at a General Meeting shall be broken by the presiding Officer.

NOTICES

86. All notices to the membership required in these Bylaws shall be deemed to have been given if mailed prepaid in any Post Office of the four Atlantic Provinces within the time specified to the persons and addresses appearing on the Institute's Register of Membership.

87. A statutory declaration of the Secretary shall be conclusive evidence of the mailing of notices, and unless proven to the contrary, the notices shall be deemed to be effective at the time in which such notices should have been delivered in the normal course of postal services or 21 days, whichever is longer.

88. In the event of postal service interruption, notices may be given by telegraph or hand delivery.

89. All notices required to be given to the Institute under these Bylaws shall be deemed given if mailed prepaid by registered post to:

Atlantic Planners Institute, Attention Secretary. Post Office Box 2012. Halifax, Nova Scotia. B3J 2Z1

but in the event of postal service interruption. notices may be delivered by hand to the residence of the Secretary.

VOTING BY MAIL BALLOTS

90 .Any questions which, in the opinion of the Council, requires a vote by all voting Members, shall be decided by mailed ballot with a covering letter from the Council explaining the issues involved.

91. The Secretary shall accept returned ballots until but not after 12:00 noon of the 30th day after the ballots were sent out.

92. The President shall appoint two scrutineers to scrutinize the counting of the ballots.

93. A majority vote shall decide the question, and in the case of a time the President shall break the tie.

94. The Secretary shall report the result of the vote to the membership.

BYLAW AMENDMENT

95. The Council or any five voting Members of the Institute may propose an amendment to these Bylaws.

96. An amendment proposed by any five voting Members shall be submitted in writing with an explanation of its purpose to the Secretary and shall be considered by the Council at its next meeting.

97. The Council may accept the amendment with or without modifications, or may reject it.

98. If the amendment is accepted with modification, the Council shall inform the proponents and furnish an opportunity for discussion and indication of acceptance.

99. An amendment shall be finally voted on by mail ballot.

100. If the Council rejects an amendment or modifies an amendment in a way which is unacceptable to the proponents, the question shall be first voted on at the next Annual General Meeting, and if the amendment is approved by majority vote at the General Meeting it shall be further voted on by mail ballot.

101. A Bylaw amendment shall not come into effect until it is approved by the Minister of Consumer and Corporate Affairs.

USE OF FUNDS

102. No Officer or Councillor shall recover any salary, wage, or expense without the Approval of the Council

STUDENT AWARDS

103. The Council may establish a student award or scholarship system for student members of the Institute.

AFFILIATE AGREEMENT

104. Recognition of the relationship between the Institute and National Council shall take effect upon the ratification by the Council and National Council of an Affiliate Agreement incorporating the following principles:

• that the Institute Bylaws shall be consistent with the objectives and purpose of National Council;
• that the membership standards for the Institute shall be consistent with the membership criteria of National Council;
• that the Institute may, by agreement, carry out the membership responsibilities of National Council and its Membership Committee;
• that a person elected as a Member, Provisional Member, or Student Member is automatically elected to equivalent membership in CIP:
• that a person's membership in the Institute ceases when the Member ceases to be a resident in the area served by the Institute, unless the Member continues to practice in the area;
• that a Member shall automatically have equivalent membership in another affiliate Institute of CIP upon commencing practice or becoming a resident of the area serviced by that Institute, and shall be liable for the annual fee levied by that Institute;
• that a Member shall be bound by an Institute administered Code of Professional Conduct which is consistent with the Code of Conduct adopted by National Council.

105. The Institute may, with 90 days written notice in any one year, request that National Council provide for such services to Members of the Institute as may be agreed upon in an affiliate agreement.

PROVINCIAL BRANCHES

106. Members who reside in the same Atlantic Province may form a Branch of the Institute in that Province.

107. A Provincial Branch may make Bylaws which

• shall be consistent with the objects and purposes of the Institute;
• may provide for an Associate Membership class;
• require Branch Members to pay fees in addition to any fees payable to the Institute; and
• provide for the formation of Regional Chapters within the Provincial Branches.

108. Provincial Branch Bylaws shall become effective when ratified by the Council.

108.1 (1) Where a statute exists in a Province which has the effect of establishing a professional planning association in the Province as a body politic and corporate, and the statute permits or requires that bylaws be made by the association, the association may make the bylaws required or permitted under the statute.

(2)  Where a provision of the bylaws made by the association under subsection (1) is in conflict with these bylaws in order to comply with the statute, the provision of the bylaws made by the association under subsection (1) shall prevail to the extent required to remove the conflict.

(3) Where a provision of the bylaws previously made under section 107 by the Branch of the Province to which the statute applies is in conflict with a provision of the bylaws made under subsection (1) the provision of the bylaws of the association made under subsection (1) shall prevail to the extent required to remove the conflict.

CODE OF PROFESSIONAL CONDUCT AND DISCIPLINE

109. The Code of Professional Conduct for the Institute shall be the Code established by CIP.

110. Discipline shall be carried out under the following procedure:

• Upon application to the Secretary in writing by any Fellow or Member, the Council shall give at least 60 days written notice of a meeting, the details of the charge, and the identity of the person bringing the charge, to the person or persons affected.
  
• The Council shall cause inquiry to be made into matters respecting any fraudulent or incorrect entries in the Register. the negligence or misconduct of any Member, or the violation of the Bylaws or the Code of Professional Conduct.
  
• Any person to whom notice is given shall be entitled to be heard to submit evidence at the inquiry. Following an inquiry the Council may, at its discretion, order the correction of any erroneous entry in the Register, and may reprimand, censure, suspend, dismiss from the Institute, or decline to reinstate any person found guilty of negligence or misconduct or violation of the Bylaws or the Code of Professional Conduct.
  
• If, after the inquiry, the Council is satisfied that the charge has not been justified, the Council shall promptly notify in writing the person or persons bringing the charge to exonerate the person or persons against whom the charge was brought.
  
• Any decision made by the Council with respect to the Code of Professional Conduct shall be conclusive and final and shall be binding on the Institute, National Council, and all persons concerned.