THE NEWFOUNDLAND
AND LABRADOR AMATEUR BODYBUILDING ASSOCIATION
A by-law
relating generally to the transaction of the affairs of THE NEWFOUNDLAND AND
LABRADOR AMATEUR BODYBUILDING ASSOCIATION
BE IT ENACTED
as a
by-law of the Newfoundland and Labrador Amateur Bodybuilding Association
(hereinafter referred to as the "NLABBA") as follows:
ARTICLE 1 -
NAME
The organization
described herein shall be known under the name The Newfoundland and Labrador
Amateur Bodybuilding Association abbreviated as The NLABBA
ARTICLE 2 -
COMPOSITION
Newfoundland and
Labrador Amateur Bodybuilding Association shall be composed of Members in Good
Standing who have agreed to form an association for the common good of the
sport of bodybuilding in Newfoundland and Labrador.
ARTICLE 3 -
INTERPRETATION
In this
Constitution,
3.01:
"Association" means the Newfoundland and Labrador Amateur
Bodybuilding Association.
3.02:
"Board of Directors" shall mean the Board of Directors of The
Association, namely, the members of the Association as represented by the
Directors of each of the regions or their duly appointed proxies, together with
the Executive Committee.
3.03:
"Executive Committee" means the executive committee of the
Association, namely the President, Vice-President, Secretary and Treasurer.
3.04:
"Member in Good Standing" means any individual of the organization
who has maintained his/her membership in The Newfoundland and Labrador Amateur
Bodybuilding Association in accordance with the By-Laws and Rules of the
Association and who has agreed to be governed by the By-Laws and /Rules of the
Association.
3.05:
"Region" shall mean one of the Western Region, Central Region, Eastern
Region and Labrador Region, all as may be defined in the Rules of the
Association.
3.06:
"Regional Directors" shall mean a Member in Good Standing of the
Association who has been duly elected by Members of the Association who reside
in the Region over which the Regional Director resides.
ARTICLE 4 -
OBJECTS
The objects of
the Association shall be to develop, promote and administer the sport of
bodybuilding/fitness within the Province of Newfoundland and Labrador. Without
limiting the generality of the foregoing, the objects of the Association shall
be as follows:
4.01: to govern,
develop, organize and control the sport of bodybuilding/fitness on a provincial
scale;
4.02: to
regulate the sport of bodybuilding/fitness in accordance with the By-Laws and
Rules of the Association;
4.03: to promote
an interest in and a dedication to, better health and fitness through physical
culture, proper nutrition and weight training;
4.04: to act as
the official representative of its members on an interprovincial and national
scale;
4.05: to
sanction and control bodybuilding/fitness competitions, exhibitions, seminars
and other such events;
4.06: to conduct
training programs for athletes, coaches, officials and other members;
4.07: to
distribute information pertaining to the sport of bodybuilding/fitness;
4.08: to
supervise the activities of the members of the Association;
4.09: to develop
and strengthen friendship and co-operation among the members of the
Association;
4.10: to carry
out any other objective, which the Association may, from time to time, deem
necessary and appropriate in the furtherance of its purpose;
4.11: to
legislate rules for the sport of bodybuilding/fitness within the Province;
4.12: to honour
outstanding contributions to the sport of bodybuilding in Newfoundland and
Labrador.
ARTICLE 5 -
HEAD OFFICE
The Head Office
of the Association shall be the municipality of residence of the President of
the Association, and shall be formally updated as necessary.
ARTICLE 6 -
GENERAL PROVISIONS
The following
general provisions shall apply:
6.01: The
Association shall not discriminate on the basis of age, race, colour, religion,
sex or politics;
6.02: The
Association shall be a member of the Canadian Bodybuilding Federation (CBBF).
ARTICLE 7 -
TYPES OF MEMBERSHIP
The Association
shall be made up of those individuals of organizations who agree to accept and
abide by the By-Laws and Rules of the Association. The following types of
membership shall be offered:
7.01: Regular
Member
Any individual,
having officially resided in Newfoundland and Labrador for a period of at least
six (6) months immediately prior to applying for membership, may become a
member of the Association.
7.02: Executive
Member
Any individual
who being a regular member of the NLABBA, is duly elected to a position on the
Executive Committee or to the Board of Directors shall automatically become an
Executive Member of the NLABBA. The
Immediate Past President shall also be an Executive Member of the NLABBA
7.03: Group
Member
Any gym, club or
similar organizations, which is a Newfoundland and Labrador entity and whose
purpose and objectives, are in conformity with, or supportive of those of the
Association may become a group member of the Association.
7.04: Honorary
Member
Any individual
or organization, which is so recognized by the Association because of exemplary
services, rendered towards the advancement of the sport of Bodybuilding/Fitness
in Newfoundland and Labrador.
ARTICLE 8 -
MEMBERSHIP RIGHTS
8.01: Every
individual or organization upon becoming a member of the Association shall have
the right to participate in and to benefit from any activity of the Association
so long as that member meets the qualifications of that activity. Apart from
this, members shall have the following specific rights:
If a regular
member, the right to vote at all meetings provided they have been a regular
member for a minimum of 3 months and/or have competed in a NLABBA sanctioned
competition in the three months preceding the meeting .
If a group
member or an honorary member, such group or honorary member shall not be
permitted to vote
8.02: Withdrawal
Any member of
the Association may withdraw from the Association by delivering to the
Appropriate Regional Director a written letter of resignation.
8.03: Fees
Every member of
the Association, except honorary members shall pay the yearly membership fee.
Said fee shall be in an amount as established, from time to time, by the
Association. The membership period of the Association shall be from January 1st
to December 31st in each year. Any memberships sent to the
membership office after the last contest of the year will be considered as a
membership for the following year. Notwithstanding the fact that a member may
be delinquent in the payment of fees, said member shall remain a member of the
Association and subject to its By-Laws and Rules but otherwise shall be
prevented from enjoying any privileges of the Association and from
participating in any events which require membership in the Association as a
precondition for participation.
ARTICLE 9 -
THE BOARD OF DIRECTORS
9.01: Composition
The Board of
Directors shall be composed of the Regional Directors, or their duly appointed
representatives, the Executive Committee and the chairpersons of the various
other committees.
9.02: Powers
The Board of
Directors shall have the highest authority within the Association and as such,
shall have the following powers:
to adopt and
amend the By-Laws and Rules of the Association;
to adopt any and
all annual reports of the Association;
to consider any
and all matters pertaining to the purpose and objectives of the Association and
to adopt any and all measures judged necessary and appropriate on this subject;
and
to delegate any
and all powers to the Executive Committee as may be necessary to manage the
Association.
9.03: Meetings
The board of
Directors shall meet at the Head Office (or at such other place as may be convenient
to the Board of Directors) once a year concurrent with the NLABBA Provincial
championships and at any other time it may deem necessary and appropriate.
9.04: Notice
Notice of any
meeting of the Board of Directors shall be given in writing and shall be
forwarded to each of the members of the Board of Directors at least thirty (30)
days prior to the date fixed for any such meeting. The Notice shall contain
sufficient information concerning the business to be conducted so as to permit
the members of the Board of Directors to form a reasonable judgment on any
decisions to be taken. Further, each Regional Director shall be given the
opportunity to include items on the agenda of the Board of Directors, which are
pertinent to the objects and premises of the Association.
9.05: Quorum
The quorum at
any meeting of the Board of Directors shall consist of the voting members of
the Board of Directors present at the Meeting.
9.06: Minutes
The minutes of
any and all meetings of the Board of Directors shall be taken by any member of
the Board of Directors or any other person present at the Board of Directors
meeting who is entrusted to that role by the members of the Board of Directors.
The minutes of each Board of Directors shall be forwarded to the members of the
Board of Directors within sixty (60) days of the date fixed for any such
meeting.
9.07: Voting
The voting at
meetings of the Board of Directors shall be conducted by raised hand except
where a secret ballot is called for. Each Regional Director or their duly appointed
representative shall be entitled to one (1) vote. Every issue before the Board
of Directors shall be decided by a majority vote.
9.08: Special
Meetings
The Board of
directors shall, at the request of two (2) or more Board of Directors convene,
as soon as is feasibly possible, a special meeting of the Board of Directors.
The Notice of such meeting shall contain the reason(s) for which the special
meeting is called and shall be forwarded to the members of the Board of
Directors at least thirty (30) days prior to the date fixed for any such
meeting.
ARTICLE 10 -
THE EXECUTIVE COMMITTEE
10.01: Composition
The Executive
Committee shall be comprised of the President, the Vice-President, the
Secretary and the Treasurer. The Immediate Past President serves as a
non-voting advisor to the Executive Committee and the Board of Directors.
10.02: Powers
The Executive
Committee shall have the following powers:
To administer
the current affairs of the Association.
To ensure that
the By-Laws and Rules of the Association are followed by its members.
To administer
and investigate any and all complaints brought to the attention of the
Committee by any member.
To carry out the
decisions of the Board of Directors.
To prepare and
convene the meetings of the Board of Directors.
To exercise any
and all powers delegated to it by the Board of Directors and to do so in the
best interests of the Association and the sport.
10.03: Meetings
The Executive
Committee shall meet at any time it may deem necessary and appropriate. Where
all members of the Executive Committee consent, a meeting by telephone, or any
other communication facility that permits all persons participating in the
meeting to hear each other, shall be considered as a valid meeting.
10.04: Notice
of Meetings
The Notice of
Meeting of any and all meetings of the Executive Committee shall be given in
writing, at least ten (10) days prior to the date fixed for any such meeting.
Said Notice shall contain a list of the item(s) to be tabled.
10.05: Quorum
The quorum at
any meeting of the Executive Committee shall consist of the majority of the
voting members of the Executive Committee.
10.06: Minutes
The minutes of
any and all meetings of the Executive Committee shall be taken by one of the
Executive Committee members or a duly appointed representative, and shall be
forwarded to the members of the Board of Directors within sixty (60) days of
the date fixed for any such meeting.
10.07: Voting
Each member of
the Executive Committee shall be entitled to one (1) vote.
ARTICLE 11 -
COMMITTEES
The Association
shall have the power to form any committee it may deem necessary and
appropriate in order to carry out its purpose and objectives. The Association will at all times have
Standing Committees for Marketing, Sponsorships, and Membership.
ARTICLE 12 -
ELECTIONS
12.01: Every
three (3) years, at an Annual General Meeting, the election of candidates to
positions of President Vice-President, Secretary and Treasurer shall take
place. In order to be eligible for candidacy to these positions, a member of
the Association must:
Be a regular
member and have no outstanding complaints against him/her.
12.02: Except as
hereinafter set forth, candidates for election must be present at the electoral
meeting in order to be elected.
12.03: If, for
any reason, an office should become vacant before the expiry of the current
term for that office, the Executive committee shall have the power to fill said
vacancy from amongst the eligible candidates for such office until the next
meeting of the Board of Directors, at which time a proper election will be held
for that position. Failing this method the Executive will take control of the office
until a suitable temporary or permanent replacement can be found.
12.07: Prior to
the holding of any elections within the Association, the Executive Committee
must first publish notice of such election, both on the Association’s website (www.nlabba.com) and by mailing such Notice to
each Member in Good Standing of the Association who is eligible to vote at such
election, providing twenty-one (21) days Notice of the deadline for
nominations. Any person who is a Member
in Good Standing and who is eligible for election to a position on the
Executive Committee shall be entitled to run for such position. Nominations must be received seven (7) days
before the election. There will be no
nominations from the floor at the meeting.
The Chief
Electoral Officer in respect of all elections for candidates shall be appointed
from time to time by the Executive Committee. The Chief electoral Officer shall
receive all nominations, whether by ordinary mail, facsimile transmission or electronic
delivery. Following the closing date for nominations, the Chief Electoral
Officer shall, where two or more nominations for a position on a Regional
Executive Committee have been received, notify such candidates that an election
will be held and provide such candidates with an opportunity to deliver written
or printed election material to the Electoral Officer a sufficient number to
distribute to each member of the Association eligible to vote. No other form of
campaigning will be allowed. Further, the Chief Electoral Officer shall mail to
each Member of the Association who is eligible to vote in such election, a ballot
for voting purposes, together with written advice that such ballot must be
completed and returned to the Chief Electoral Officer within twenty-one (21)
days of the date of such ballot or must be cast at the election. Mailed ballots
shall not be opened until such time as ballots cast at the meeting are counted
At the meeting,
the Chief Electoral Officer will tally such ballots in respect of each position
for which an election has been held and as soon as is practicable thereafter
shall deliver notice to the Executive Committee and to the Board of Directors
of the Results of such elections. Further, the results of such elections shall
be published on the Association’s website and disseminated via mail or
electronic delivery to all members.
ARTICLE 13 -
REMOVAL
13.01: Any
Executive Committee member may be removed from office, for just cause, by
majority vote of the Board of Directors.
13.02: Any
Regional Director may be removed from office for just cause by majority vote of
the Board of Directors.
ARTICLE 14 -
REMUNERATION
No member of the
Association shall profit from any activity undertaken by, for, or on behalf of
the Association.
ARTICLE 15 -
DUTIES OF THE EXECUTIVE COMMITTEE MEMBERS
15.01: The
President
To direct the
debate and keep order at meetings of the Board of Directors and Executive
Committee according to the tradition and rules of parliamentary debate;
To have the
authority to interpret any matter arising out of the By-Laws and Rules of the
Association;
To be the
official spokesperson and representative of the Association in all matters of
public relations;
To represent the
Association, or to delegate a representative of the Association, to attend the
annual congress meeting of the CBBF;
To appoint
Regional Directors; and
To fulfill any
other duties which may, from time to time, be assigned by the Board of
Directors or the Executive Committee.
15.02: The
Vice-President
To possess the
same powers and exercise the same prerogatives as the President when the
President is absent or unable to perform them;
To assist the
President in the performance of his/her duties;
To fulfill any
duties which may, from time to time, be assigned by the Board of Directors or
the President;
To fulfill the
role of President or official spokesperson and representative of the
Association where the President is absent or otherwise unable to perform
his/her duties; and
To administer
Judging.
15.03: The Treasurer
To possess the
same powers and exercise the same prerogatives as the President when the
President or First Vice-President are absent or unable to perform them;
To assist the
President in the performance of his/her duties;
To fulfill any
duties which may, from time to time, be assigned by the Board of Directors or
the President; and
To oversee all
aspects of the Association’s finances.
15.04 The
Secretary
To possess the
same powers and exercise the same prerogatives as the President when the
President or First Vice-President are absent or unable to perform them;
To assist the
President in the performance of his/her duties;
To fulfill any
duties which may, from time to time, be assigned by the Board of Directors or
the President; and
To record the
minutes of all Executive Committee meetings.
ARTICLE 16 -
DUTIES OF THE REGIONAL DIRECTORS
16.01: to
promote and encourage the sport of bodybuilding within their Region;
16.02: to
promote and organize events of interest to Association members residing within
their Region;
16.03: to act as
a liaison between regular members of the Association residing within their
Region and the Executive committee of the Association.
16.04: to
represent the interests of all members who reside within the Region both to the
public and on the Board of Directors of the Association.
ARTICLE 17 -
GENERAL ADMINISTRATION
17.01: Fiscal
Year
The fiscal year
of the Association shall be from January 1st to December 31st.
17.02: Funds
The funds of the
Association shall be received as follows:
The Executive
Committee on behalf of the Association as a whole shall be entitled to receive
all membership fees and entry fees collected within the Province;
The Executive
Committee, on behalf of the Association as a whole, shall be entitled to
receive all sanction fees in respect of the Newfoundland and Labrador
Provincial Championships and from any and all other competitions which are
promoted and organized solely by the Executive Committee on behalf of the
Association as a whole;
The Executive
Committee, on behalf of the Association as a whole, shall be entitled to
solicit and receive funds in respect of television rights, appearance rights,
advertising fees in respect of the Provincial Championships, sponsorship funds,
donations and funds derived from promotions or events sponsored or promoted by
the Executive Committee.
17.04: Banking
The funds of the
Executive Committee, on behalf of the Association as a whole, shall be
deposited in a chartered bank as selected by the Executive Committee. The
President and Treasurer upon the authorization and approval of the Board of
Directors shall sign any and all cheques drawn on the account of the
Association. The President shall receive an original copy of the monthly bank
statements.
The President
shall table at the annual meeting of the Board of Directors, a report of the
financial position of the Association in such degree of particularity as to be
helpful and meaningful to the Board of Directors.
17.05: Documents
Any and all
documents, contracts of other such instruments in writing requiring the
signature of the Association shall be signed by the President of the
Association.
17.07: Indemnity
Every member of
the Association shall be indemnified out of the funds of the Association
provided said member is acting under the authority and approval of the
Association and has not been willfully negligent of fraudulent while carrying
out any such actions.
17.08: Minute
Book and Seal
The Association
minute book and seal shall be held at the offices of the President.
17.09: Winding
up/Dissolution
In the event of
the winding up or dissolution of the Association, all of its remaining assets, after
payment of its liabilities, shall be paid to the Canadian Bodybuilding
Federation, in trust, for any new IFBB affiliated bodybuilding organization
which is subsequently recognized by the CBBF within the Province of Newfoundland
and Labrador.
ARTICLE 18 -
AMENDMENTS
The By-Laws of
the Association shall not be amended, modified or otherwise changed in any way,
shape or form except at a meeting of the Board of Directors and by a two-thirds
(2/3rds) majority vote of the Board of Directors.
ARTICLE 19 -
DISCIPLINE
Any member of
the Association may be disciplined by the Executive Committee or the Board of
Directors for failure to abide by the By-Laws and/or Rules of the Association
or for conduct unbecoming of a member of the Association.
ARTICLE 20 -
APPEALS
Every member of
the association shall have the right to appeal to the Executive Committee, any
action of a disciplinary or other nature taken against that member.
ARTICLE 21 -
PROTESTS
Protests are to
be done by letter to the Executive Committee within 7 days and a response is to
be done within 7 days. Such protests and responses must be signed and dated,
with a copy to the President.
ARTICLE 21 –
ATHLETE FUNDING
21.01 The
Association shall provide funding to subsidize athletes who are competing at
sanctioned events outside the Province.
Funding amounts shall be determined from time to time by the Executive
Committee. Applications for funding
must be received by the Executive Committee a minimum of one month prior to the
competition. Funding will only be
approved for the following categories of expenses: event registration fees;
airfare; hotel room costs; and meals.
Athletes must submit copies of the invoices within one month after
returning from the competition. Failure
to do so will disqualify the athlete from receiving future funding.
21.02 To qualify
for funding, each athlete must:
1. Attend the Annual General
Meeting, either in person or by proxy;
2. Must be a regular member of the
Association in good standing.
3. Must participate in a fundraiser
and/or perform a volunteer service at least once a year.
4.
Must have qualified through the CBBF tier system, or through the tier system of
the appropriate organization/association if outside Canada.
5.
Must be approved by the Executive Committee.
Athletes must fulfill all
qualification requirements to be eligible to qualify for any funding.
CERTIFICATION
This is to
certify that this By-Law of The Newfoundland and Labrador Amateur Bodybuilding
Association (NLABBA) is a true copy and that it has been duly adopted by the
Board of Directors at its Meeting, held on the ____ day of _________________,
at the City of _________________, in the Province of Newfoundland and Labrador.
Signed at ______________
this ____ day of ________________, 2006.
THE NEWFOUNDLAND
AND LABRADOR AMATEUR BODYBUILDING ASSOCIATION
Per:_________________________
President
