User:Odemia/Sandbox/Party Constitution


 * This document is based on.
 * Bylaws have been moved to User:Odemia/Sandbox/NPO_Bylaws.

= 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

 * 1) 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.
 * 2) 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:
 * 1) personal privacy.  An individual should reasonably expect all communications to be private and information they share to be kept anonymous unless the individual gives permission for the information to be shared.
 * 2) the public domain.  The possession of information unlike physical property does not exclude others from possesing 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.
 * 3) open government.  The Canadian government must strive to make information from all government actions accessible to all it's 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:


 * 1) fielding and electing candidates in federal elections
 * 2) debating and forming legislation in the Canadian Parliament and by participating in the Government of Canada
 * 3) debating the actions of the Canadian government in forums that are accessible to the public
 * 4) developing policy and platforms consistent with its values and principles
 * 5) advancing The Party’s platform, policy, values and purpose outside of electoral periods
 * 6) forming and maintaining Party organizations at the federal, provincial and electoral district levels
 * 7) developing international relationships and treaties consistent with the principles

Accountability
All units and individuals within The Party are accountable to:
 * 1) the membership in general meetings of members
 * 2) The Council when the membership is not in general meetings

Organizational Definitions
The Following units of The Party have official standing under the constitution:
 * 1) Member: An individual meeting The Party’s membership criteria
 * 2) 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
 * 3) The Council: A council as described in Article 9 (Will need to be updated Odemia 08:43, 13 July 2009 (UTC)) and are elected or appointed in accordance with the bylaws.
 * 4) People's Cabinet: An alternative cabinet to the government who engage the public in discussion about government action and bring the public discussion back to the government. This cabinet is elected and appointed in accordance with the bylaws.  (Proviso: There will be no People's Cabinet until the members adopt a bylaw or bylaws to elect the People's Cabinet.)

General Meetings of Members

 * 1) General meetings shall consist of:
 * 2) individual members who can participate in person or electronically and who have one vote, and
 * 3) 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.)
 * 4) A quorum shall be fifty (50) members present at a general meeting
 * 5) General meetings shall be held at least once every two years
 * 6) Sixty (60) days notice to members is required to call a general meeting
 * 7) General meetings of members shall be called in accordance with the bylaws
 * 8) Special general meetings of members shall be called in accordance with the bylaws

The Council

 * 1) Composition of The Council shall be composed of:
 * 2) The Leader (1)
 * 3) Three Councilors at large (3)
 * 4) Meetings of The Council
 * 5) The Council shall meet at least four (4) times per year.
 * 6) Quorum at The Council meetings shall be three (3) members then in office.
 * 7) The Council may meet by electronic means and in accordance with procedures set in the bylaws
 * 8) All decisions of Council shall be by a majority of vote of those present and voting, except as may be specifically stated elsewhere in the Constitution or Bylaws.
 * 9) All members of The Council may vote
 * 10) The Council may adopt procedural rules for conducting The Council meetings, not inconsistent with the Constitution and Bylaws
 * 11) The Council Committees
 * 12) The The Council may establish a Management Committee with the authority to take action between meetings of the The Council. Such actions taken shall require ratification by the The Council.
 * 13) The Council may establish other ad hoc committees as required. The mandate of such committees shall be established by The Council and any such committee shall advise and recommend to The Council.

Amendments to Constitution and Bylaws

 * 1) Constitution
 * 2) Notice of amendments to the constitution shall be included in the notice of meeting at which the amendments shall be considered.
 * 3) Amendments shall be submitted by at least 15 individual members
 * 4) Amendments shall be adopted and ratified by a majority of the votes cast in a mail-in vote sent to all members in good standing of The Party.
 * 5) Bylaws
 * 6) Notice of amendments to the bylaws shall be included in the notice of meeting at which the amendments shall be considered.
 * 7) Amendments shall be submitted by at least 5 individual members
 * 8) Amendments shall be adopted by a majority of the votes cast in a mail-in vote sent to all members in good standing of The Party.

Dissolution or Merger

 * Any resolution to dissolve The Party or to merge it with another party shall only become effective upon members passing such a 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 tabled.

= Bylaws =

Structure of party

 * 1) The Council
 * 2) Council responsibilities and rights are…
 * 3) The Leader
 * 4) The leader responsibilities and rights are…
 * 5) The Committee
 * 6) The committee responsibilities and rights are…
 * 7) The Members
 * 8) The members responsibilities and rights are…

Membership

 * 1) Criteria for membership
 * 2) Any citizen or resident of Canada, who is at least sixteen (16) or older, is eligible for membership in The Party, with full voting rights.
 * 3) Every member shall uphold this constitution and bylaws.
 * 4) 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 council or in the bylaws.
 * 5) Application for Membership
 * 6) A person may apply for membership in The Party to:
 * 7) The Council
 * 8) an electoral district association
 * 9) a designate of The Council that has been authorized to accept memberships
 * 10) It is the responsibility of The Council to maintain a register of members.
 * 11) The Council shall ensure that members are notified as their membership fees are due.
 * 12) Applicants for membership and renewing members shall pay the membership fee directly to The Party and not indirectly through an intermediary person.
 * 13) Resignation and Removal of Member
 * 14) A person shall cease to be a member of The Party
 * 15) by delivering her/his resignation by mailing or delivering it to an address of The Party; or
 * 16) on her/his death; or
 * 17) on being expelled; or
 * 18) on having been a member not in good standing for 12 consecutive months.
 * 19) A member may be expelled by a resolution of the The 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.
 * 20) Voting Rights
 * 21) A member’s right to vote on all matters, including all elections, shall commence after s/he has been a member for 30 days.
 * 22) 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

 * 1) Selection of Members to Federal Council
 * 2) Councilors at Large Thirteen (13) persons shall be elected to Council as Councilors at Large as follows:
 * 3) A nominee for Council must be legally able to vote in Canada
 * 4) Nominations shall be by five (5) members of The Party in good standing
 * 5) All members of The Party in good standing shall be eligible to vote for these positions
 * 6) Each Councilor represents the corresponding province and the territory of Canada (ten provinces: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward Island, Quebec, and Saskatchewan, and the three territories: Northwest Territories, Nunavut, and Yukon.


 * 1) The Leader
 * 2) A nominee for Leader must be legally able to vote in Canada
 * 3) Five (5) members of The Party in good standing shall be required to nominate for the position of Leader.
 * 4) All members of The Party in good standing shall be eligible to vote for the position of the Leader
 * 5) Election to The Council and Term of Office
 * 6) The vote, for any office of The Council, shall be by preferential ballot and a majority vote shall elect.
 * 7) All Council members shall be elected to serve a one year term or until their successors are elected.
 * 8) Ballots for election shall be mailed out at least 30 days prior to election day
 * 9) Removal From Office and Removal of Units
 * 10) The Leader or any member of The Council may be removed from office by a ¾ vote of Council
 * 11) The Leader may be removed from office by motion, at a general meeting, to hold an election to replace the Leader
 * 12) Any 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.
 * 13) The Council or a general meeting has the authority to deregister any unit of The Party for cause
 * 14) Vacancy in The Council Office
 * 15) The Council has the authority to fill, by appointment, any vacancy, however caused, until the next general meeting.
 * 16) All council members shall be notified of a vacancy within seven (7) days
 * 17) 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. (we do not yet have a general elections mailing list. Odemia 09:26, 13 July 2009 (UTC))
 * 18) Committee If established, a committee shall:
 * 19) Consist of a chair, and three (3) members at large.
 * 20) All members of the committee may vote.
 * 21) The chair shall be appointed or elected by The Council from amongst their own members
 * 22) The members at large must shall be appointed or elected by the Council from amongst the membership.
 * 23) The committee shall have a quorum of three (3).
 * 24) Meetings of a committee shall be at the call of the chair or by three voting members.

General Meetings

 * 1) Calling of Biennial General Meeting
 * 2) *The biennial general meeting of members shall be called by The Council by majority vote, and shall establish the location and the date of the meeting
 * 3) Calling of Special General Meetings
 * 4) * Special general meeting may be called by:
 * 5) A committee mandated by a general meeting
 * 6) The Council by a 2/3 vote of those voting
 * 7) Petition to The Council submitted and signed by 10% of the members of The Party in good standing
 * 8) Petition to The Council submitted and signed by the CEO of at least 1/3 of the registered electoral district
 * 9) A resolution adopted by a general meeting by majority vote of those voting When a general meeting has been petitioned, The Council shall select the location and the date of the general meeting, which date shall be set within ninety (90) days of receipt of the petition.
 * 10) Resolutions at General Meetings
 * 11) 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
 * 12) Resolutions shall be submitted by at least five (5) Party members in good standing or a unit representing at least five (5) members
 * 13) 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.
 * 14) 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) Candidates shall be selected by The Party as follows:
 * 2) Where there is an electoral district association, the electoral district shall select the candidate in accordance with the association’s bylaws.
 * 3) Where there is no electoral district association, the selection shall be conducted by a meeting mandated by a general meeting or The Council where all Party members in good standing in the electoral district may vote and participate
 * 4) Where there are no Party members in an electoral district, selection of a candidate shall be by a general meeting, The Council, a committee or by a procedure mandated by a general meeting or The Council
 * 5) Withholding a Candidate Endorsement
 * 6) * The Leader of The Party may withhold a candidate endorsement, but such withholding requires ratification by a 2/3 vote of The Council.

Party Documents

 * 1) The Council shall maintain for viewing by all members:
 * 2) The Constitution and Bylaws of the The Party.
 * 3) The Rules of Order of The Party
 * 4) The Adopted Policy of The Party
 * 5) The Election Platform of The Party for the immediately previous election
 * 6) All minutes of previous general meeting, committee meetings and meetings of The Council
 * 7) A financial statement

Financial Procedures

 * 1) Agency: The 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.
 * 2) Fundraising: Units may conduct legal fundraising activities.
 * 3) Borrowing: Only a general meeting or federal council may authorize borrowing by The Party or any unit thereof, on behalf of The Party.
 * 4) 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. (this seems a little strange to me, does it mean that district could not give some extra funds to another district? Odemia 09:26, 13 July 2009 (UTC))