A. FULL MEMBERSHIP: In the Council shall be open to persons of Aboriginal Ancestry 16 years of age and older and who ordinarily reside in New Brunswick and not on a Reserve. Only a Full Member shall be eligible to vote at Assemblies or Special Meetings or to hold elective office at the Executive or Board of Director level of the Council. To be eligible for Full Membership, the Aboriginal person must

 

i) Application for Full Membership must be made at the community local level and forwarded to the Membership Clerk at Head Office with recommendation for approval.

 

ii) Be ordinarily resident in New Brunswick, off a Reserve, for six (6) months prior to applying for Membership;

 

iii) Meet the requirements of Membership and must fill out and have approved a Membership form prescribed for such purposes;

 

iv) Be a descendant of a verified and known Aboriginal person since July 1st, 1867.

 

v) Documents to support Aboriginal Ancestry must be certified. Photocopies of the certified documents shall be made by the Membership Committee and certified documents returned thereafter to the applicants.

 

vi) Requests for new membership to be acted within a 90-day period. Withdrawing memberships to be processed within a 90-day period.

 

B. Spousal Membership: Shall be open to the spouse of a Full Member. No formal Membership Application is required for Spousal Membership but Spouse's name shall be included in the Annual Charter list from Community Locals. Spousal members shall not be eligible to vote at Assemblies or Special Meetings or to hold elective office at the Executive or Board of Director level of the Council.

 

C. MEMBERSHIP IN GOOD STANDING: A Member in Good Standing is any Aboriginal person eligible for Full Membership in the Council and who subscribes to the aims, goals and objectives of the Council. A Member in Good Standing is also required to pay their annual membership fees as provided for in section 1.K. of Council’s Constitution and By-Laws. The annual membership fee for each membership category must be submitted on or before April 1st of each year. Each member in good standing shall be entitled to membership card. Members in Good Standing include Full members, Non-Resident Members and Lifetime Members which all carry the full range of participatory and voting rights allowed under this Constitution and By-Laws for Members in Good Standing.

 

D. MEMBERSHIP LIST: Each member in good standing shall have their name added to an annual membership list that shall be maintained and prepared by the Council by the 15th day of April each year. Such lists shall be sent to all Chartered Locals by the 30th day of April of each year.

 

E. ASSOCIATE MEMBERSHIP: Shall be open to those persons who wish to support the Council but who are not eligible for full membership. Associate Members shall not be entitled to vote and hold elective office at the Executive Committee or Local Level of the Council or on the Board of Directors. Associate Members shall not be entitled to vote at the Annual Assembly.

 

F. Youth Membership: Shall be open to those persons who are the children of the Full Members but cannot apply because of the age limit. Youth members will be entitled to membership cards and shall not be entitled to vote or hold office at the community local level, zone level or at the provincial level of NBAPC.

 

G.Non-resident Members: Shall be open to those who were Full Members of the Council, but have since moved out of the Province of New Brunswick. Non-Resident Members will be required to pay an annual membership fee of $5.00 (five dollars) directly to their Locals. Non-Resident Members will be considered members in good standing and entitled to the same constitutional rights as regular members, except where specifically provided in this section. Non-Resident Members shall be entitled to vote and run for elected office at the provincial level (President and Chief and Vice-Chief), vote at AGM’s, vote in the universal suffrage process and any special meetings or referendums.

 

H. LIFETIME MEMBERSHIP: May, at the discretion of the Council, be granted to Full Members whose efforts on behalf of the People of Aboriginal Ancestry warrant such recognition. Lifetime members shall be voting delegates at each special or Annual General Meeting of the Membership or in the Universal Suffrage process or referendums.

 

I. HONORARY MEMBERSHIP: May, at the discretion of the Council, be granted to any persons whose efforts on behalf of the People of Aboriginal Ancestry warrant such recognition.

 

J. SUPPORTING MEMBERSHIP: Individual people, churches, businesses and other organizations who wish to support our work may obtain a Supporting Membership upon payment of an Annual Fee of $25.00, but such members will have no voting rights. It is a direct membership in the Council rather than in our Locals.

 

K. ANNUAL FEES: Each Community locals must pay an annual charter fee of $25.00 (Twenty-five dollars) per local. Each individual member of a community local, as well as youth members must also submit an annual membership fee of $1.00 (one dollar) to their local executive for submission to the Council. Each Non-Resident member must submit their $5.00 annual membership fee directly to their Locals. Supporting members must pay an annual membership fee of $25.00 (Twenty-five dollars) directly to the head office of the Council. Lifetime members are not required to pay annual membership fees, nor are Spousal, Associate or Honorary members. All fees must be submitted on or before April 1st of each year.

 

 

A. Any five or more persons residing in the same locality and who are eligible for Full Membership in the Council may form a Community Local.

 

B. Every Community Local shall have the right to levy an Annual Membership Fee.

 

C. Every Community Local shall have the right to send up to 10 delegates and where possible include one youth and one elder, to Annual Meetings and Special Meetings of the Council, provided that only Full Members shall have the right to vote at such meetings.

 

D. Every Community Local shall maintain accurate lists of its members and shall make such information available to the Head Office.

 

E. All Community Locals are required to hold an Annual Local Meeting in the First Quarter (January, February or March) of each calendar year to elect its Officers, including a Community Local Youth Representative (who may or may not have to be a youth). Minutes and attendance of this Annual Meeting shall be sent to the Head Office at least a week before the annual general meeting. Any Community Local that does not comply with this By-Law will have revoked their right to send delegates to the Council's Annual Assembly or Special Meetings.

 

F. No Member shall belong to more than one Community Local.

 

G. A new Community Local cannot be formed within a ten (10) mile radius of an existing community local and members should, except where otherwise authorized by the Board of Directors, belong to the Community Local in the area of their residence.

 

 

A. The Executive Officers of the Council shall consist of a President and Chief and Vice-Chief. The Executive Officers shall be elected through a universal suffrage process. The President and Chief and Vice-Chief shall constitute the Executive Committee of the Council.

 

B. The Executive Officers and Board of Directors must be Full members of NBAPC and be at least nineteen years of age on or before the date of the election.

 

C. The position of President and Chief shall be a full-time paid position. The position of Vice-Chief will be a non-salaried position.

 

D. The term of office for the President and Chief shall be for a period of four years. The term of office for the Vice-Chief is two years.

 

E. Any person that runs for any executive position, within the Council, cannot have a criminal record involving a conviction for fraud, embezzlement or theft or any indictable offence, unless that person received an absolute discharge or conditional discharge of their sentence or has been pardoned or unless the conviction resulted from conduct in the line or duty for the Council as a result of formally sanctioned activity authorized by Board motion for the protection or assertion of Aboriginal rights, such as a protest activity. Any person running for an executive position must provide the Head Office with an abstract of their criminal record along with their nomination papers.

 

F. All nominees must be present at the Annual General Assembly.

 

G. In the event of a vacancy in the office of the Vice-Chief caused by the resignation, illness, death or lack of capacity for any reason of the Vice-Chief, including his/her removal from office by reason of disciplinary action pursuant to the Constitution and By-Laws, and/or his/her inability, failure or refusal to perform his/her duties, the Board of Directors shall, by way of motion, decide whether to fill the vacancy immediately or wait until the next regular election. Should the remainder of the Vice-Chief’s term be no more than 6 months, then the Board of Directors may, by way of motion, decide to immediately fill the position of Vice-Chief through appointment or vote. Should the remaining term of the Vice-Chief be greater than 6 months, then the Board of Directors shall, by way of motion, direct the immediate commencement of the Electoral Process as set out in section 4 of thisConstitution and By-Laws in order to fill the vacancy of the Vice-Chief’sposition until the next regular election.

 

 

A. An Electoral Commission of three persons shall be established by the Board of Directors in the fall prior to each election year to administer the Council's Electoral Process. The Board of Directors shall at the same time establish a budget for the operation of the Electoral Commission.

 

B. The Electoral Commission shall have the responsibility and authority for the administration of the election of the President and Chief and the Vice-Chief of the Council through a process of universal suffrage.

 

C. The Electoral Commission shall appoint the Chief Electoral Officer who shall be responsible to the Electoral Commission and shall file a report to the Annual General Assembly and release the results of the election.

 

D. The election of the President and Chief shall be carried out during the first quarter of every fourth fiscal year, forty-five (45) days prior to the establish date of the AGM for that year. The election of the Vice-Chief shall be carried out during the first quarter of every second fiscal year, forty-five (45) days prior to the established date of the AGM beginning in 2009.

 

E. In the event of a vacancy in the office of the President and Chief caused by the resignation, illness, death or lack of capacity for any reason of the President and Chief, including his/her removal from office by reason of disciplinary action pursuant to this Constitution and By-Laws, and/or his/her failure, refusal or inability to perform his/her duties for a period of time exceeding 3 months (except in the case of resignation, death, removal from office, etc., where immediate action would be taken) the Board of Directors shall, by way of motion, direct the immediate commencement of the Electoral Process as set out in section 4 of this Constitution and By-Laws. During the time in which there is a vacancy in the position of President and Chief, the Vice-Chief will act only until such time as a proper election has been held. It is expected that any temporary absences (such as illnesses) by the President and Chief, which are less than 3 months in duration, would be filled by the Vice-Chief as per section 6.D. of this Constitution and By-Laws.

 

F. Formal intention and nomination papers shall be filed by all those seeking election, no later than to Forty-five (45) days prior to the AGM. The election shall be Fifteen (15) days later after the Annual Meeting of that year. It would still remain Sixty (60) days in total.

 

G. The Electoral Commission shall ensure that each eligible voter has a ballot and return stamped addressed envelope available to them and shall establish rules and regulations for the conduction of the election, shall ensure that the electoral roll is maintained and shall count all votes cast and report the results to the Executive, Board Director, Elders, Life Time Members and to each Community Local (eligible voters who are members in good standing of the New Brunswick Aboriginal Peoples Council will have their names placed on the voter's list, and that any other off-reserve Aboriginal people who apply to be on the voter's list must show proof of address to the Chief Electoral Officer.

H. The Electoral Commission members shall receive no salary but shall have any expenses covered by the Commission.

 

I. Any member of the Electoral Commission who decides to run as a candidate shall resign from the Electoral Commission and the Executive shall appoint a replacement.

 

 

A. The Board of Directors shall consist of:

 

1. The Executive Officers of the Council.

 

2. Seven (7) Zone Directors and 1 Youth Member: The seven (7) Zone Directors shall be elected in their respective zones during the first quarter of the fiscal year (April, May or June) and for this purpose the Province shall be divided into seven (7) Zones with a Director elected from each Zone. (See attached map). The youth Director shall be elected at an Aboriginal Youth Annual General Assembly.

 

3. In the event that no Director is elected from a Zone, the Annual General Assembly shall have the power to elect a Director at Large to fill any vacancy on the Board.

 

(In the even years, i.e. 2004, 2006, the even numbered zones, 2, 4 & 6 would elect their representatives and in odd years the odd numbered zones, 1, 3 & 5 would elect their representatives.)

 

C. Directors are to submit written reports to:

 

1. The Annual General Assembly;

Upon the President and Chief of the Council receiving a formal written complaint from the majority of Community Locals in the affected Zone, any Director failing to comply with these requirements shall lose their status as a Board of Director.

 

D. In the event that a vacancy occurs on the board, the Executive of the Council shall within 30 days of the vacancy occurring schedule a Zone meeting for the purpose of electing a Director to fill any vacancy. All Community Locals in that Zone shall be notified by registered mail of any Zone meeting called for the above purpose.

 

E. For purposes of transacting business, a quorum of the Board of Directors shall be 50% + 1 of the members of the Board.

 

F. Any director missing more than two consecutive Board Meetings, without sufficient reasons, will be asked to resign as Director.

 

G. The Executive Committee will notify all Community Local Presidents by Registered Mail of any major decisions that the Board of Directors shall be asked to deal with between Annual General Meetings that will affect the Community Locals, Members or the financial status of the Council.

 

H. No Member may be a Board of Director if he/she is not of proven aboriginal ancestry, under the age of nineteen or if he/she is of unsound mind and has been found so by a court in Canada or elsewhere or if he/she has the status of bankrupt.

 

 

A. The Board of Directors shall be responsible for determining the overall policy of the Council and for such purpose shall meet at least twice a year at such time and such place as a majority of its members determine. Meetings of the Board of Directors may be held by conference call. The Board shall review all major decisions of the Executive Committee and shall have final authority on all matters affecting the Council between Annual Meetings. The Board shall appoint legal counsel, auditors and make all other arrangements for conducting the financial transactions of the Council. Cheques of the Council shall be signed by any two of the President and Chief, Vice-Chief or, the Financial Officer.

 

B. The Zone Directors are to attend meetings, on request, in their respective Zones. Each Zone Director shall reside in the area, which he or she represents throughout his/her term of office or shall be deemed to have resigned. Zone Directors must call a Zone Meeting 30 days prior to a Board of Directors Meeting.

 

C. President and Chief: The President and Chief of the Council shall be the Chief Executive Officer and is responsible for the day to day management of the affairs and operations of the Council. He or she shall preside as Chairperson at the Board of Directors, Executive Committee and any other meetings of the Council. The President and Chief shall be an ex-officio member of all Committees or Boards of the Council. The President and Chief shall report to the Council through the Annual Assembly and between Assemblies to the Board of Directors. The Chairperson of a meeting shall not have a vote except in the case of a tie.

 

D. Vice-Chief: The Vice-Chief of the Council shall be authorized to perform all the duties and functions of the President and Chief whenever the President and Chief is out of the Province, is on vacation, or is incapacitated, and shall do so until such time as the President and Chief returns or is capable of assuming his/her duties again. The Vice-Chief shall serve as the main communication link with the Community Locals, Zones and Membership of the NBAPC and will be responsible for attending Community Local and Zone Meetings, for publication of the Mal-I-Mic News, for maintaining and monitoring the membership process, the Planning Committee for the Annual Assembly and for the Annual Children's Summer Camp. The Vice-Chief, along with the President and Chief, shall be one of the signing officers for the Council. The Vice-Chief shall report to the President and Chief and Board of Directors of the Council.

 

E. Financial Officer, a full time paid position, hired through policy and procedure, shall give or cause to be given, all notices required to be given to the general membership of the Council, Directors, Auditors and legal counsel.

 

The Financial Officer shall attend all meetings of the Directors and of the general membership and shall enter, or cause to be entered, in the books kept at the Head Office of the Council for that purpose, minutes of all proceedings at such meetings.

 

The Financial Officer shall be the custodian of the stamp or mechanical device generally used for affixing the corporate seal of the Council and of all books, papers, records, documents and other instruments belonging to the Council.

 

The Financial Officer shall further keep, or cause to be kept, at the Head Office of the Council, full and accurate books of account in which shall be records of all receipts and disbursements of the funds of the Council.

 

The Financial Officer shall render, or cause to be rendered, to the Board at the meetings thereof, or whenever required, an accounting of all financial transactions undertaken by the Council.

 

The Financial Officer shall be one of the signing officers of the Council.

 

The Financial Officer shall be responsible for the administration of NBAPC's Education Program.

 

F. No Director or Officer of the Council shall be liable for the acts, neglects or defaults of any other Directors or Officers, or for the insufficiency or deficiency of any security, in or upon which any of the monies of the Council shall be invested, or for any loss or damage arising from the bankruptcy, insolvency or tortuous act of any person which whom any of the monies, securities or effects of the Council shall be deposited, or for any loss occasioned by error or judgment or oversight on his part, or for any other loss, damage or misfortune what ever which shall happen in the execution of the duties of his/her office or in relation thereto unless the same shall happen through his own dishonesty.

 

 

A) Executive Officers and the Board of Directors shall, upon assumption of office, sign a declaration of office as set out in Schedule "A" of the Constitution and By-Laws.

 

B) Failure to comply with the constitution and by-laws, with the terms of the declaration of office or a breach of the provisions of Bylaw 8 shall be sufficient cause to implement the following disciplinary procedure:

 

1) Complaint: A Full Member may complain to the Board of Directors that a member of the Executive or a director has failed to comply with the provisions of the Constitution and By-Laws by signing a complaint, stating the nature and extent of the Executive's or Director's failure to comply with the Constitution and By-Laws or with the terms of the declaration of office and providing detailed evidence in support of the complaint.

 

2) Upon a complaint being received against a Board Member, the Executive shall create a disciplinary committee consisting of five neutral members and if the complaint is received against an Executive Member, the Board of Directors shall create the disciplinary committee.

 

3) Any person against whom a complaint is made shall have the full right to make appearance before the disciplinary committee, to have a complete copy of the complaint and to bring evidence to respond to the complaint.

 

4) First Offense: Upon a recommendation made by the disciplinary committee, a 3/4 vote by the Board of Directors shall be sufficient to deliver a reprimand of the offender.

 

5) Second Offense: Upon a recommendation made by the disciplinary committee, a 3/4 vote by the Board of Directors shall be sufficient to suspend the offender from his or her responsibilities for thirty (30) days without pay

 

6) Third Offense: Upon a recommendation made by the disciplinary committee; a 3/4 vote of the Board of Directors shall be sufficient for the Board of Directors to dismiss from Office the offending Executive Officer or Director.

 

 

Every member of the Council is guilty of an offence against the Constitution and By-Laws of the Council who:

 

A. Makes allegations and accusations against the Council that are found not to be true.

 

B. Requests or solicits Government agencies to withdraw financial support to the Council.

 

C. Fails to account for any funds in his or her care or commits theft or fraud against the Council.

 

D. Does anything to harm the Council.

 

E. Behaves in a way harmful to the interest of his or her fellow members.

 

F. Fails to uphold the Constitution and By-Laws of the Council.

 

 

Acceptance of membership in the Council shall bind the member to accept and abide by the provisions of the Constitution and By-Laws of the Council.

 

A member of the Council may be charged with any violation of the Constitution and By-Laws of the Council.

 

Charges shall be made in writing and delivered to the Chairman of the Membership Committee.

 

The Executive Officers shall investigate each charge and in the cases of minor offenses may take disciplinary action by reprimand or caution. In cases that might warrant suspension or expulsion from the Council, the Executive Officers shall submit their findings and recommendations to the Board of Directors.

 

The Vice-Chief shall give immediate notice in writing to any member against whom a charge has been preferred, of the particulars of such charge and also shall give reasonable notice to the member concerned, of the date, time and place at which the hearing of the charge shall take place, together with such further notices as may be necessary to dispose of the charge completely.

 

If a member against whom a charge has been laid does not attend the hearing as required, the hearing may proceed in his absence.

 

The Board of Directors may, by a majority vote of those present, suspend the member for a stated period or indefinitely. The Board of Directors may, by a two-third (2/3) vote of those present, expel a member.

 

The member so charged shall forthwith be notified by registered mail of the decision of the Board of Directors.

 

The member suspended or expelled shall have the right to appeal the decision of the Board of Directors to the membership at an Annual Assembly by giving 30 days notice in writing of such appeal prior to the Annual Meeting of the Membership.

 

The general membership may, by a two-third (2/3) vote of those members present at the Annual Meeting, reinstate the member.

 

 

The Board of Directors may, by a majority vote of those present, reinstate a member who has been suspended on the following terms and conditions:

 

i) The member gives a formal public apology to the membership at an Annual Assembly; and

 

ii) If applicable, give a written apology to any affected private and/or government agencies.

 

 

A. An Annual General Meeting (AGM) of the Council shall be held every year, at such time and place as determined by the Council’s Board of Directors. Written Notice of the time and place for the AGM shall be given to all Members in Good standing, including Non-Resident members and Lifetime members, no later than 60 calendar days prior to the AGM. For the purposes of transacting business at the AGM. A quorum shall consist of 50% + 1 of the delegates registered for the AGM.

 

B. All Community Locals entitled to send delegates to each Annual Assembly or Special Meeting shall submit to the Council a list of its delegates and alternates (including one youth and one elder), 30 days prior to each Annual or Special Meeting of the Membership, on such forms as may be required from time to time. Any Community Local failing to submit its list of delegates and alternates shall not be entitled to send voting delegates to the Council's Annual or Special Meeting of the Membership but may send delegates as non-voting observers. The Board of Directors are voting delegates, over and above the allotted ten per community local delegates.

 

C. Any delegate to the Annual Assembly or Special Meeting of the Membership must be a member of the Council 30 days prior to such meetings.

 

D. Delegates must bring an AGM docket back to the community local for information purposes. The community local executive shall keep these dockets.

 

 

Amendments of the Constitution and By-Laws of the Council can only be made at an Annual Assembly and only after a 30-day written notice has been given to all Community Locals.

 

 

A. The Council shall be a non-profit charitable organization.

 

B. In the event that the affairs of the Council are terminated, all remaining assets after dissolution and after paying all liabilities shall be distributed to one or more recognized charitable organizations in Canada with objects and purposes similar to the Council.

 

C. The affairs of the Council shall only be terminated with the approval of the membership at a meeting called for such purpose.

 

14. The fiscal year of the Council shall be April 1st to March 31st of the following year.

 

15. The Council may borrow for purposes of carrying out its operations, but only upon a special resolution authorizing same approved by the Board of Directors, having consulted in writing with the Community Locals in their respective Zones, and having received authority to do so from the Community Locals in their Zone.

 

16. At no time shall the Board of Directors authorize or approve deficit budget planning for any of the Council's programs.

 

17. HEAD OFFICE:

 

A. The Head Office of the Council is at 320 St. Mary's Street in Fredericton, New Brunswick.

 

B. The Head Office is the home of the Council and one of the most important assets owned by the Council.