By-Laws

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:

  1. 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.
  2. 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:

  1. to adopt and amend the By-Laws and Rules of the Association;
  2. to adopt any and all annual reports of the Association;
  3. 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
  4. 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:

  1. To administer the current affairs of the Association.
  2. To ensure that the By-Laws and Rules of the Association are followed by its members.
  3. To administer and investigate any and all complaints brought to the attention of the Committee by any member.
  4. To carry out the decisions of the Board of Directors.
  5. To prepare and convene the meetings of the Board of Directors.
  6. 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:

  1. 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:

  1. 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;
  2. 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;
  3. 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.