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Constitution

The Body Constituted

The body constituted is the "Pirate Party of Canada", also known as: the "Pirate Party", "Parti Pirate du Canada", or "Parti Pirate". Hereafter in this document it is referred to as The Party.

Scope of the Constitution and Bylaws

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.
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.

Principles

The Party is unified by the principles of:

personal privacy. An individual should reasonably expect the privacy of their communications
the public domain. The possession of information unlike physical property does not exclude others from possessing it. In order for Canadian innovation and culture to flourish the public domain must be healthy and accessible to all. Any monopoly on an idea must be limited and leave the idea to the public domain at the end of the monopoly.
open government. The Canadian government must strive to make information from all government actions accessible to all its citizens. This is to encourage involvement in the democratic process through national discourse, provide transparency and enable its use in other ventures.

Purpose

It is the purpose of The Party to advance The Party’s principles by:

participating in public affairs by endorsing one or more of its members as candidates and supporting their election
debating and forming legislation in the Canadian Parliament and by participating in the Government of Canada
debating the actions of the Canadian government in forums that are accessible to the public
developing policy and platforms consistent with its values and principles
advancing The Party’s platform, policy, values and basis of unity outside of electoral periods
forming and maintaining Party organizations at the federal, provincial and electoral district levels
developing international relationships and treaties consistent with the principles

Accountability

All units and individuals within The Party are accountable to:

the membership in general meetings of members
the Federal Council when the membership is not in general meetings.

Organizational Definitions

The Following units of The Party have official standing under the constitution:

Member: An individual meeting The Party’s membership criteria
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
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
Regional Association: An association in which contains all of The Party members residing within a group of contiguous electoral districts have membership and voting rights
The Council: A council as described in #Federal_Council and are elected or appointed in accordance with the bylaws.
Shadow Cabinet: An alternative cabinet to the government who engage the public in discussion about the issues and bring the public discussion back to the government. This cabinet is elected and appointed in accordance with the bylaws.

General Meetings of Members

General meetings shall consist of:
1. individual members who have one vote, and
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.)
A quorum shall be fifty (50) members present at a general meeting, representing at least two regions.
General meetings shall be held at least once every two years
Sixty (60) days notice to members is required to call a general meeting
General meetings of members shall be called in accordance with the bylaws
Special general meetings of members shall be called in accordance with the bylaws

Amendments to Constitution and Bylaws

Constitution
1. Notice of amendments to the constitution shall be included in the notice of meeting at which the amendments shall be considered.
2. Amendments shall be submitted by at least three electoral district associations or provincial associations/territories or by at least 15 individual members
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.
Bylaws
1. Notice of amendments to the bylaws shall be included in the notice of meeting at which the amendments shall be considered.
2. Amendments shall be submitted by at least 5 individual members or by a unit of The Party representing at least five members
3. Amendments shall be adopted by a majority of the votes cast at a general meeting.

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

Membership

Criteria for membership
1. Any citizen or permanent resident of Canada over the age of twelve (12) is eligible for membership in The Party, with full voting rights.
2. Every member shall uphold this constitution and bylaws.
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.
4. A person who is at least twelve (12) years of age but less than eighteen (18) years of age will be designated a Youth Member.
Application for Membership
1. A person may apply for membership in The Party to:
  1. Federal council
  2. an electoral district association
  3. a provincial/territorial association
  4. a regional association
  5. the website
  6. a designate of federal council that has been authorized to accept memberships
  7. The above mentioned bodies have the right to set the amount of their own membership fee insofar as:
    1. it is the responsibility of the federal council to maintain a register of members; and
    2. the federal council may require a membership fee from each body mandated to receive members to cover the costs of servicing the member.
    3. the federal council shall ensure that members are notified as their membership fees are due.
    4. these costs may not be more then 25$/year
2. Applicants for membership and renewing members shall pay the membership fee directly to The Party and not indirectly through an intermediary person.
Resignation and Removal of Member
1. A person shall cease to be a member of The Party
  1. by delivering her/his resignation by mailing or delivering it to an address of The Party; or
  2. on her/his death; or
  3. on being expelled; or
  4. on having been a member not in good standing for 12 consecutive months.
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.
Restriction on Youth Members
1. A Youth Member may not be part of the federal council
2. Per Elections Canada, a Youth Member may not be a candidate in elections
3. Per Elections Canada, a Youth Member may not be nominated as the party leader
Voting Rights
1. Until December 31st 2009
  1. A member’s right to vote on all matters, including all elections, shall commence after s/he has been a member for 5 days.
2. After the first January 2010
  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.
  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.

Federal Council

Selection of Members to Federal Council
1. Chairperson and Councilors at Large Four (4) persons shall be elected to Council as Councilors at Large as follows:
  1. Nominations shall be by five (5) members of The Party in good standing
  2. All members of The Party in good standing shall be eligible to vote for these positions
  3. The Chairperson of The Party shall be appointed or elected by Federal Council from amongst the ten persons elected
  4. Councilors must be legally able to vote in Canada.
2. Provincial and Territorial Representatives
  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. 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
3. The Leader
  1. Ten (10) members of The Party in good standing shall be required to nominate for the position of Leader.
  2. All members of The Party in good standing shall be eligible to vote for the position of the Leader
4. Election to Federal Council and Term of Office
  1. The vote, for any office of Federal Council, shall be by preferential ballot and a majority vote shall elect.
  2. All Council members shall be elected to serve a one year term or until their successors are elected.
  3. The Leader shall be elected in 2009 and every four (4) years thereafter.
  4. 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 administrative region where the candidate resides.
  5. The voting will be conducted electronically, using a one time key for each vote
  6. The keys will be sent out on the day of the start of voting
  7. Voting shall last 7 days.
  8. A member will be mailed a ballot if he has no email address on record and if the difference between the first 2 votes are less then the number of members without an email address.
5. Removal From Office and Removal of Units
  1. The Leader or any member of Federal Council may be removed from office by a 75% vote of Council. They will have to call for an election no less then 60 days following their writ and the runner up from a previous election will be asked to fill the interim, under the guidance of the Council.
  2. The Leader may be removed from office by motion, at a general meeting, to hold an election to replace the Leader
  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.
  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.
  5. Federal Council or a general meeting has the authority to deregister any unit of The Party for cause
6. Vacancy in Federal Council Office
  1. Federal Council has the authority to fill, by appointment, any vacancy, however caused, until the next general meeting.
  2. All council members shall be notified of a vacancy within seven (7) days
  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.
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.
Management Committee, If established, a management committee shall:
1. Consist of a chair, the Leader, two members at large, and the Executive Director.
2. All members of the management committee may vote, except the Executive Director who shall not vote, but shall have a voice.
3. The chair and the two members at large shall be appointed or elected by Federal Council from amongst their own members
4. The management committee shall have a quorum of three, excluding the Executive Director
5. Meetings of the management committee shall be at the call of the chair or by three voting members.

Regions for Constitution

Atlantic consisting of Newfoundland and Labrador, Prince Edward Island, Nova Scotia and New Brunswick
Quebec
Ontario
Prairie consisting of Manitoba, Saskatchewan and Alberta
British Columbia
North consisting of Nunavut, Yukon and Northwest Territories

General Meetings

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
Calling of Other General Meetings
- Other general meeting may be called by:
1. A committee mandated by a general meeting
2. Federal Council by a 2/3 vote of those voting
3. Petition to Federal Council submitted and signed by 10% of the members of The Party in good standing
4. Petition to Federal Council submitted and signed by the CEO of at least 1/3 of the registered electoral district and provincial associations
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.
Resolutions at General Meetings
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
2. Resolutions shall be submitted by at least five (5) Party members in good standing or a unit representing at least five (5) members
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. Emergency resolutions shall only be considered after all other resolutions submitted in advance have been disposed of.

Selection of Candidates for Member of Parliament

1 Definitions

(a) Applicant: an eligible individual who is in the process of completing an application to be selected by The Party to stand for election, or who has completed said application but has yet to find a Second to complete the application process.

(b) Second: an individual meeting the same criteria of eligibility as the Applicant, with the exception of sections 2.3 and 2.4, who is willing to sponsor the Applicant's nomination.

(c) Nominee: an eligible individual whose application for the position has been seconded and submitted for The Party's consideration.

(d) Candidate: an individual selected by The Party to stand for election on The Party's behalf for the position of Member of Parliament in the following election, or in the current election if one is already in progress.

2 Eligibility

2.1 In order to be permitted to submit an application, all Applicants must:

(a) meet Elections Canada's requirements for eligibility to be a candidate in a federal election as detailed in the Canada Elections Act at the time of their application

(b) have been a member of The Party in good standing for at least three (3) months prior to the submission of their application

(c) be actively involved in The Party, whether through involvement in the community and/or through volunteerism

2.2 Individuals who have been nominated and rejected for candidacy in the past year, or who have been recalled by The Party in the past year, are ineligible to re-apply until one (1) full year has elapsed from the date of the meeting at which they were recalled or rejected.

2.3 All Applicants must be willing and able to independently meet the nomination requirements set forth by Elections Canada without additional support from The Party, although at its sole option, The Party may offer material aid in this matter in helping the Candidate to arrange an official agent and auditor as required in the Canada Elections Act.

2.4 In exceptional circumstances, sections 2.1(b) and 2.1(c) may be waived with regard to a specific Applicant by unanimous vote at a meeting in which all members in good standing are given reasonable opportunity to participate. An ineligible Applicant may not become nominated until unanimous consent has been given. This provision may only be used once for a given Applicant. If denied, the Applicant must wait until all eligibility criteria are met before becoming nominated.

3 Application Process

3.1 In order to be nominated, an Applicant must submit a document outlining:

(a) the riding in which they intend to run

(b) their past involvement in The Party

(c) any previous political experience

(d) any current or past involvement in organizations that might positively or negatively impact their ability to represent The Party and their constituents

(e) any significant involvement in their local community and/or in the riding in which they intend to run

(f) any platform elements beyond The Party's core platform that they intend to raise in a subsequent election

3.2 Once the Applicant's document is prepared, it must be approved by a Second in order to be submitted for The Party's members to review.

3.3 An Applicant may not submit an application indicating their intention to be selected for candidacy in a riding in which a Candidate has already been selected, unless that Candidate is first recalled or resigns.

4 Timing

4.1 An Applicant may submit their application and become nominated at any time.

4.2 If the writ of election has not yet been issued, the Nominee must be approved or rejected at a general meeting not less than fourteen (14) days following the nomination and not more than fourty-two (42) days thereafter.

4.3 If at the time of nomination the writ of election has been issued and an election is scheduled to take place in:

(a) not less than twenty-one (21) days, the Nominee must be approved or rejected at a general meeting not less than seven (7) days following the nomination and not more than seven (7) days thereafter.

(b) less than twenty-one (21) days, the current federal election shall be disregarded for the purpose of nomination, and the nomination shall anticipate the following election instead, subject to the time allotments in section 4.2.

4.4 Additional Applicants intending to run in the riding for which a Nominee's application is pending may become nominated not less than five (5) days prior to the scheduled meeting at which the first Nominee's application is to be considered. In this case, sections 4.2 and 4.3 shall be waived for the additional Nominees, and all of the associated Nominees shall be considered and the preferred Nominee selected or rejected at the same previously-scheduled meeting.

4.5 Should the writ of election be issued while a Nominee's application is pending, the minimum and/or maximum time periods specified in 4.3(a) shall take effect, unless doing so would allow or require a later date of consideration at a general meeting than is mandated by the time remaining under section 4.2.

4.6 In the event of a by-election, section 4.3 shall take effect exclusively with regard to any Nominees intending to run in a riding affected by the by-election.

5 Voting and Selection

5.1 Selection of Candidates shall take place at a meeting in which all members in good standing are given reasonable opportunity to participate.

5.2 All votes related to the selection of Candidates shall be conducted by secret ballot.

5.3 If more than one Nominee contests a particular riding, the preferred Nominee shall be selected by popular vote, requiring a plurality to be chosen.

5.4 Once a single Nominee is selected for each riding, each selected Nominee shall be approved or rejected by popular vote, requiring a vote of at least two-thirds (²/₃) in favour in order to be approved.

5.5 If the required level of approval is not achieved, the Nominee shall be considered to be rejected and the riding shall remain open for subsequent Applicants.

5.6 Nominees not preferred in section 5.3 shall not be be considered to be rejected as specified in section 2.2 and therefore are free to re-apply immediately for candidacy in another riding should they so choose, subject again to the time requirements in section 4.

6 Transparency and Accountability of Candidates

6.1 Regardless of any pseudonyms used prior to selection, all Candidates must use their real first and last names as they are to appear on the ballot in all subsequent communication within and on behalf of The Party, so long as they continue to represent The Party in an official capacity.

6.2 Once selected, all Candidates must vote publicly at all meetings of The Party where voting by secret ballot is not required.

7 Appointment of Candidates

7.1 If, at the time of twenty-one (21) days prior to the set election date, no eligible individuals have been nominated or selected as Candidates, or if all Nominees are subsequently rejected and no Candidates remain, the Federal Council must appoint one (1) individual who is eligible under section 3 to run on its behalf in any federal riding, thereby protecting The Party from involuntary de-registration.

8 Expiration of Candidacy

8.1 After unsuccessfully contesting a federal election on behalf of The Party, a Candidate may re-apply for the position following the application process outlined in section 3 within twenty-eight (28) days of the return of the writ.

8.2 Should a Candidate choose to re-apply for the same position, they shall remain in the same capacity until the scheduled meeting at which their application is to be considered.

8.3 Should a Candidate fail to re-apply within the time limit laid out in section 8.1, their candidacy shall be nullified and the position left open for other subsequent Nominees. However, failure to re-apply in a timely manner shall not affect the Candidate's right to submit a subsequent application.

8.4 Should a Candidate or Member of Parliament at any time cease to meet the requirements for eligibility laid out in section 2, their position shall be immediately forfeit.

Recall and Resignation of Candidates and Members of Parliament

1 Recall of Candidates

1.1 A motion to recall a Candidate may be made by any member in good standing during a general meeting.

1.2 In order to issue the recall, the motion must receive a vote of at least two-thirds (²/₃) in favour.

1.3 If at the time of the recall the writ of election:

(a) has not yet been issued, the Candidate's assignment to their riding shall be withdrawn and the riding shall be made open to other Applicants.

(b) has been issued, the Candidate shall be obliged to withdraw from the election or run instead as an independent, and the riding shall be made open to other Applicants if time permits.

1.4 If the recall motion is defeated, it may not be moved again by any member against the same Candidate for at least sixty (60) days.

1.5 A recall motion may not affect more than one Candidate, although multiple consecutive recall motions against different Candidates may be conducted at a single meeting.

2 Recall of Members of Parliament

2.1 The recall process for Members of Parliament shall take place as outlined in section 1.

2.2 Should a recall motion pass, the affected Member of Parliament shall be immediately expelled from The Party's caucus and obliged to sit as an independent for the balance of the session.

3 Resignation of Candidates and Members of Parliament

3.1 Candidates and Members of Parliament wishing to resign from their positions must communicate their intentions to the Leader of The Party in writing.

4 Return of Unspent Funds

4.1 Should a Candidate or Member of Parliament cease to officially represent The Party, whether through resignation, recall, expiration of candidacy, or other means, they are obliged to return any unspent funds allocated to them by The Party within fourteen (14) days.

Shadow Cabinet

The shadow cabinet shall be selected at a general meeting of members, and such selection shall respect gender parity if possible.
The shadow cabinet may fill its vacancies between general meetings of members
The shadow cabinet shall be chaired by the Leader or his/her designate
The Leader may appoint two (2) Deputy Leaders
The shadow cabinet may create the election platform insofar as it does not conflict with Party policy
Each member of the shadow cabinet shall:
1. encourage public discussion about one or more ministries of the federal government.
2. liaise the concerns and comments of the public back to the ministry(s).

Party Documents

The federal council shall maintain for viewing by all members:
1. The Constitution and Bylaws of The Party.
2. The Rules of Order of The Party
3. The Adopted Policy of The Party
4. The Election Platform of The Party for the immediately previous election, or a temporary platform until the first elections the party can participate in.
5. All minutes of previous general meeting and Federal Council meetings
6. A financial statement

Financial Procedures

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.
Fundraising: Units may conduct legal fundraising activities.
Borrowing: Only a general meeting or federal council may authorize borrowing by The Party or any unit thereof, on behalf of The Party.
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.

Constitution and Bylaws