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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

Constitution of the Council
1. The Federal Council shall consist of:
  - The Party Leader; and
  - Four Directors at Large.
2. Members of the Council may be referred to as directors.
3. Each seat on the Federal Council shall have a fixed four-year term of office, from the start of September of one year to the end of August of another.
  1. The terms of the Directors-at-Large shall be staggered so that half of the terms end every two years.
  2. ~~When this provision first comes into effect, a general meeting of members shall designate half the seats to receive a shortened term of two years, and the other half to retain the full term.~~
4. A recall motion made at a General Meeting of members with at least one week's notice sent to all members and a two-thirds majority of those voting can remove the Leader or a Director from office.
Powers
1. The Federal Council's powers shall be as enumerated in the bylaws, and to conduct the day-to-day affairs of the Party.
2. The Federal Council may not take actions that conflict with a resolution passed by a General Meeting of members.
3. Any motion passed by the Federal Council may be directly overturned by a subsequent General Meeting, unless its provisions have already come into effect.
4. A General Meeting of members may independently exercise any power of the Federal Council, except where explicitly forbidden by the constitution or bylaws.
Interim Members
1. In the event that there is a vacancy on the Federal Council, then Federal Council may appoint an interim director.
  1. In the case of the Party Leader, the interim Leader shall be appointed from Council and another interim director may be appoint to fill the vacated seat.
2. In the exceptional circumstance that the Party is unable to elect new directors at the end of term due to a delay in the election under Elections section 3.4, then a General Meeting of members may appoint the incumbents to serve as interim Directors (or as interim Leader) until the conclusion of the election.
3. If a position other than Party Leader is left vacant after an election, no interim Director may be appointed to fill the seat until after the next election for that seat.

Elections

Definitions
1. For the purposes of this section of the bylaws, all references to elections, candidates, nominations, votes, seconds, and so on refer exclusively to elections for the Federal Council, unless otherwise specified.
Returning Officer
1. The Party shall have a Returning Officer (RO) to run its elections, to be appointed by a General Meeting of members.
2. To be eligible to be appointed Returning Officer, a person must be a member of the party in good standing and not be a Director or a candidate in a party election.
3. In order to take on the duties and powers of the Returning Officer, a person must agree to an oath or solemn affirmation to uphold the principles of democracy and the bylaws and constitution of the Party in conducting the election, and ensure that the election proceed in a fair and just manner.
4. If the Returning Officer at any time fails or ceases to meet the requirements, the Officer may be dismissed by the Federal Council and appoint a interim replacement.
5. If there is no Returning Offier during an election, the Federal Council shall forthwith appoint an interim Returning Officer.
6. It is the Returning Officer's responsibility to ensure that each election is held under democratic principles, that the secrecy of ballots is maintained, and that everyone is given fair chance to run and vote.
7. The Returning Officer is permitted to, if in his judgment it is in the best interests of the election, ask for the help of candidates or other persons who are ineligible to be Returning Officer.
8. The Returning Officer shall ensure that all relevant election laws are followed and prepare any reports required by the Chief Electoral Officer or Elections Canada.
Calling of an Election
1. Federal Council shall call an election no sooner than three months before the end of a Director's term to select Directors for the subsequent term.
2. In the event of a vacancy on Federal Council, the Federal Council shall call a by-election as soon as practicable.
  1. Notwithstanding the above, no by-election shall be held if it would not conclude with more than 3 months remaining in the term of office.
3. An election shall consist of the following:
  1. A nomination period lasting ten (10) days;
  2. A campaigning period lasting three (3) weeks; and
  3. A voting period lasting one (1) week.
4. The Returning Officer may postpone an election (or extend any portion of it) in exceptional circumstances, including but not limited to:
  - A federal election is expected to occur in the near future or is in progress.
  - Transition of the Returning Officer's position.
  - Emergencies.
  1. If possible, the Returning Officer should consult with the Federal Council and with candidates before postponing an election.
5. When the dates of a leadership are set or varied, the Party shall as soon as possible file appropriate notice with the Chief Electoral Officer, as required by law.
Eligibility
1. All members in good standing are eligible to vote in elections.
2. A person is eligible to be a candidate in a race if they are:
  1. A member in good standing;
  2. Ordinarily resident (per the Elections Canada definition) in Canada;
  3. Of at least eighteen years of age; and
  4. Not the Returning Officer.
3. A person is eligible to second a nomination if they are eligible to be nominated for the same race and they are not the nominee.
Nominations
1. During the nomination period, any member who meets the Eligibility criteria in section 4.2 may nominate themselves for one or more races by posting in the forum designated for that purpose
2. Any member eligible to second a nomination, as per section 4, for a race may do so during the nomination period by replying to the nomination post and clearly specifying in that post that they second the nomination.
3. A nominee can withdraw their nomination from one or more races at any time prior to the end of the voting period by:
  1. Editing the original nomination to clearly specify that they withdraw the nomination; and
  2. Replying to the original nomination post and clearly specifying that they withdraw the nomination.
4. When seconding or withdrawing a nomination for multiple races, absent indication to the contrary, it will be assumed that the second or withdrawal applies to all those races.
5. At the end of the nomination period, all nominees whose nominations have the requisite number of seconds and who are eligible to be candidates for a given race will become candidates in that race.
  1. Three seconds are required for a race for Party Leader.
  2. One second is required for any other race.
6. The RO shall publicly post the candidates for each race as soon as possible after the nomination period ends.
7. A candidate is withdrawn from a race and ceases to be a candidate when:
  1. He or she sends written notice of withdrawal to the RO; or
  2. He or she ceases to meet the eligibility requirements for the candidacy.
8. The RO publicly post any withdrawals and ensure that, if technically feasible, the voting mechanisms carry notice of the withdrawals.
Voting Procedure
1. Election Systems
  1. An election may consist of two simultaneous races: one for the Party Leader and one for the half of directors (rounded down) as designated by the Federal Council bylaws.
  2. The races are resolved with the Party Leader race first and Director-at-Large race second.
    1. If a person wins a race in an election, he or she is not eligible to win any of the subsequent races in that same election.
  3. A by-election shall consist of a race for the post(s) being contested.
  4. If a by-election is required for a seat which, in a general election, would be contested in the same race as another seat for which a by-election date has been set, then a general meeting of members may, instead of setting a date for a second by-election, add the seat to the first as part of the same race.
  5. The term of the seat put forth for by-election shall consist of the remainder of the original term.
2. Casting Ballots
  1. The RO shall define the means by which ballots are cast.
  2. The means of voting, and instructions on how to use them, shall be announced by the RO no more than one week before the opening of the voting period.
  3. The RO shall endeavour to ensure that the methods of voting remain accessible throughout the voting period.
  4. Persons ineligible to vote in a given race cannot cast a ballot for that race.
  5. The RO cannot cast a ballot in any race.
  6. Every other eligible voter can have only one ballot counted for each race.
  7. If a voter casts multiple ballots for a race, only the last ballot so cast shall be counted.
  8. For each race, an eligible voter can cast as a ballot an ordered list of one or more candidates, with the preferred candidate coming first.
    1. The RO may have the voting mechanism give voters the option to randomize the order of some or all of the candidates, for the voters' convenience.
  9. The RO shall take measures to verify each voter's identity, and at the same time ensure that a voter's identity remains as independent as possible from the ballot cast.
Acclamation
1. No voting or campaigning is necessary when the number of candidates in a race is equal to or less than the number of seats available.
2. If fewer candidates are acclaimed than posts being contested, the remaining posts shall remain vacant or become vacant in the coming term.
Selection of Winners
1. The ballots shall be evaluated using the BC-STV system.
Post-Election Procedures
1. After an election, the RO shall announce to all members the winners and the tally of votes.
2. The RO shall make available as much information on the election's voting as is possible to reveal without compromising its security and, in particular, the anonymity of the ballots.
Financial Administration of Leadership Candidates
1. If a candidate for Party Leader wishes to incur campaign expenses or contributions, it is that candidate's responsibility to ensure that all relevant laws are followed.
2. If, during an election, Elections Canada reports that a candidate has violated the laws regarding leadership contests, the Returning Officer shall as soon as possible discuss the problem with the candidate and, if it cannot be addressed, disqualify the candidate.

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

Definitions
- 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.
- Second: an individual meeting the same criteria of eligibility as the Applicant, with the exception of section 2.3, who is willing to sponsor the Applicant's nomination.
- Nominee: an eligible individual whose application for the position has been seconded and submitted for The Party's consideration.
- 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.
- General Assembly: the body costituted of all members in good standing.
Eligibility
1. In order to be permitted to submit an application, all Applicants must:
  - meet the requirements for eligibility to be a candidate in a federal election as defined in the Canada Elections Act at the time of application
  - be a member of The Party in good standing
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.
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.
  - At its option, The Party may offer material and/or financial aid in helping the Candidate to arrange an official agent and auditor as required in the Canada Elections Act.
Application Process
1. In order to be nominated, an Applicant shall submit a document containing, but not limited to, the following:
  - the riding in which they intend to run
  - all potential conflicts of interest that might impair their ability to represent The Party and their constituents
  - all elements beyond The Party's core platform that will be incorporated into their individual platform as Candidate
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. 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. 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 hold the position.
Timing
1. An Applicant may submit their application and become nominated at any time.
2. If the writ of election has not yet been issued, the Nominee shall be approved or rejected as per section 5 not less than fourteen (14) days following the nomination and not more than fourty-two (42) days thereafter.
3. If at the time of nomination the writ of election has been issued and the nomination deadline as defined in the Canada Elections Act has not passed, the Federal Council may appoint eligible Applicants and Nominees to the position of Candidate as it sees fit.
  - If no Candidates have been selected at the time of the issuance of the writ of general election, the Federal Council must appoint at least one eligible Candidate to any riding.
4. Additional Applicants intending to run in the riding for which a Nominee's application is pending may become nominated not less than four (4) 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 Nominees contesting the same riding shall be considered and the preferred Nominee selected or rejected at the same previously-scheduled meeting.
Voting and Selection
1. Selection of Candidates shall take place at a meeting of the General Assembly in which all members in good standing are given reasonable opportunity to participate.
  - Unless Candidates are decreed as per section 4.3.
2. All votes related to the selection of Candidates shall be conducted by secret ballot.
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.
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. 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.
6. Nominees not preferred in section 5.3 shall not be considered to be rejected as specified in section 2.2
Expiration of Candidacy
1. After unsuccessfully contesting a federal election on behalf of The Party, a Candidate will remain in the same capacity for twenty-eight (28) days following the return of the writ, unless the Leader of The Party is provided with written notice of resignation prior to this date.
  - Should a Candidate choose to re-apply for the same position, they shall remain in the capacity until the scheduled meeting at which their application is to be considered.
2. Should a Candidate fail to re-apply within the period specified in section 6.1, their candidacy shall be nullified and the position left open for other subsequent Nominees.
  - Failure to re-apply in a timely manner shall not affect the Candidate's ability to submit a subsequent application.
3. 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

Recall of Candidates
1. A motion to recall a Candidate may be made by any member in good standing during any meeting of the General Assembly.
2. In order to issue the recall, the motion must receive a vote of at least two-thirds (2/3) in favour.
3. If at the time of the recall the writ of election:
  - 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.
  - 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.
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.
5. A single recall motion may not affect more than one Candidate.
Recall of Members of Parliament
1. The recall process for Members of Parliament shall take place as outlined in section 1.
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.
  - The Member of Parliament's ineligibility to seek candidacy, as specified in Selection of Candidates for Member of Parliament section 2.2, shall expire when an election is called in their riding, even if the specified time period has not elapsed.
Resignation of Candidates and Members of Parliament
1. Candidates and Members of Parliament wishing to resign from their positions must communicate their intentions to the Leader of The Party in writing.
2. Candidates and Members of Parliament for whom a recall motion is pending may not issue notice of resignation until after the motion is voted on.
Return of Unspent Funds
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