INDEX
1. NAME AND PRINCIPLES
2. DEFINITIONS
3. MEMBERSHIP
4. CONSTITUENCY ASSOCIATIONS
5. CANDIDATE RECRUITMENT, SELECTION AND DEVELOPMENT
6. PROVINCIAL BOARD OF DIRECTORS
7. THE LEADER
8. THE DEPUTY LEADER
9. THE INTERIM LEADER
10. LEADERSHIP REVIEW
11. LEADERSHIP NOMINATION
12. LEADERSHIP SELECTION PROCESS
13. PROVINCIAL CONVENTIONS
14. POLLS, PETITIONS, REFERENDA AND VOTING
15. FINANCIAL ORGANIZATION
16. OFFICES
17. CONSTITUTIONAL AMENDMENTS
18. POLICIES
19. ENFORCEMENT AND INTERPRETATION OF THE CONSTITUTION
20. SCRUTINEERS
21. NOTICES
SCHEDULE A - CONSTITUENCY ASSOCIATION CONSTITUTION
1. NAME
2. DEFINITIONS
3. OBJECTIVES
4. MEMBERSHIP
5. DONATIONS
6. VOTING
7. MEETINGS
8. BOARD OF DIRECTORS
9. OFFICERS AND EXECUTIVE COMMITTEE
10. CANDIDATE SELECTION
11. NOTICES
12. REPORTING
13. AMENDMENTS
14. FISCAL YEAR
15. BOUNDARY ADJUSTMENT
16. DUTY TO UPHOLD
17. REGULATIONS AND BYLAWS
18. LIABILITY
1. NAME AND PRINCIPLES
(a) The name of the Party shall be the SEPARATION PARTY OF ALBERTA, herein referred to as “SPA”.
(b) The Principles and Policies of the SPA are those established through the Constitution process contained in a separate document entitled “DECLARATION OF PRINCIPLES AND POLICIES”.
(c) The objectives are to:
(i) facilitate a peaceful and orderly separation of Alberta from Canadian Confederation and form an independent nation with our own Constitution founded on a true democracy where the will of the people shall prevail; and
(ii) provide an organizational framework within which Members can effect change and gather public support for its policies.
2. DEFINITIONS
(a) “Constituency Board of Directors” means the collective of the Directors selected by a Constituency Association to manage the affairs of the said Constituency Association, subject always to the provisions of this Constitution and to direction from the Constituency Association;
(b) “Candidate” means a Member chosen by a Constituency Association, subject to the endorsement of the leader, deputy leader or interim leader, to represent SPA in a provincial election or by-election subject to Article 5 herein and Article 10 of Schedule “A”;
(c) “Constituency Association” means the collective of all Members who are ordinarily resident in one of the provincial electoral districts of Alberta where such Members have applied for and been granted recognition as a SPA Constituency Association by Provincial Council and such recognition has not been withdrawn according to Article 4 herein;
(d) “Provincial Convention” includes general and special meetings of Members that are open to all Members for any purpose provided for under the provisions of this Constitution, save and except for the Leader Selection Process;
(e) “Delegate” means a Member chosen by a Constituency Association to represent said Constituency Association at a Provincial Convention;
(f) “Director” means a Member in a specific Constituency Association elected by that Constituency Association to sit on the Board of Directors;
(g) “Leader” means the Leader of the SPA selected in accordance with Article 7 herein;
(h) “Majority” or “majorities” means 50% plus 1 of the eligible membership;
(i) “Provincial Board of Directors” or “Provincial Directors” means the body of Members, selected by their peers pursuant to Article 6 herein, subject always to the provisions of this Constitution and to motions approved at any Provincial Convention or by Referenda.
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3. MEMBERSHIP
(a) Membership in the SPA is open to all Albertans who are Canadian citizens or landed immigrants, who are sixteen (16) years of age or older, who have been ordinarily resident in Alberta for at least six (6) months and who support the Principles of the SPA and agree to abide by its Constitution and Policies.
(b) Eligible persons who apply for Membership in the SPA shall become Members (herein known as “Members”) upon payment of the appropriate fee to the Party and entry on the Membership List at the Provincial Office.
(c) Constituencies shall be responsible for forwarding Membership Forms and remittances to the Provincial Office on a timely basis.
(d) The conditions for Membership established within this Article shall be clearly stated on the application form.
(e) Membership in the SPA shall be terminated without refund in the following cases:
(i) failure by the Member to pay the applicable fee;
(ii) resignation by the Member submitted in writing to the SPA;
(iii) for just cause, including conduct judged improper, unbecoming, or likely to adversely affect the interests or reputation of the SPA as determined by the Provincial Board of Directors of the SPA, in its sole discretion, after consultation with the Member’s Constituency Association Executive.
(f) Memberships in the SPA shall be in increments of one (1) year periods and may be renewed for further periods upon payment of the applicable fee.
(g) A Member whose dues are in arrears by not more than sixty (60) days shall, upon payment of the applicable fee, be considered reinstated as a Member in good standing retroactive to the expiry date of the Membership.
(h) All Provincial Board of Directors and Directors of Constituency Associations must be Members. If a Membership is terminated subject to this Article, this condition is no longer being met and the position shall be deemed vacant.
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4. CONSTITUENCY ASSOCIATIONS
(a) Members shall be organized according to their residence in the provincial electoral districts of Alberta. Members temporarily residing outside of Alberta shall be assigned to the provincial electoral district in which they vote in provincial elections.
(b) The Constituency Association Constitution set forth in “Schedule A” appended hereto and which is incorporated into and forms a part of this Constitution, shall be the Constitution of all Constituency Associations.
(c) Where there are at least three (3) Members resident in an electoral district they may apply to obtain SPA recognition as a Constituency Association of the SPA by making application to the Provincial Board of Directors, including a copy of the minutes of the founding meeting, a list of the Officers and Directors of the interim Constituency Association and such further information as the Provincial Board of Directors may require.
(d) Where the number of Members of the SPA residing in the provincial electoral district in which the Constituency Association was formed becomes fewer than three (3) Members, the Provincial Board of Directors, in its sole discretion, may withdraw recognition whereupon it shall cease to be a Constituency Association and any funds or other assets of the Constituency Association shall be transferred to the Provincial Office to be returned to the Constituency Association upon future recognition except funds to cover legitimate liabilities such as outstanding invoices, loans, etc. as recorded in the audited accounts of the Constituency Association.
(e) The affairs of each Constituency Association shall be under the control of its Members, acting through their Board of Directors, who shall be responsible to ensure that the affairs are conducted in a manner consistent with the Constitution of the SPA, and not prejudicial to the interests or well-being of any other Constituency Association, or of the SPA.
(f) Membership lists are to be used for SPA purposes only. No other use is permitted unless authorized in writing by the Provincial Board of Directors.
(g) The Provincial Board of Directors may call a meeting of any Constituency Association if it believes that it is necessary to do so, with notice of the meeting consistent with this Constitution.
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5. CANDIDATE RECRUITMENT, SELECTION AND DEVELOPMENT
(a) Each Constituency Association shall have the exclusive right to select their official candidate of the SPA at a general meeting of the Members of the Constituency Association. The Provincial Board of Directors may not appoint candidates where there is no recognized Constituency Association.
(b) The Provincial Board of Directors, on approval of two thirds (2/3) of its full membership, has the right to nullify the selection of any candidate where such nullification is, in its absolute discretion, in the best interests of the SPA. Where the Provincial Board of Directors proposes to nullify the selection of a candidate, the Secretary shall notify the candidate and the Constituency Association in writing within seven (7) days of the decision, which notification shall contain a statement of the reason for the proposed nullification. The candidate and no more than three (3) authorized representatives of the Constituency Association shall have the right to be heard by the Provincial Board of Directors or its representatives within seven (7) days of the receipt of the Board's decision, before a final and binding decision on nullification is rendered. Where the Provincial Board of Directors nullifies the selection of a candidate, the Constituency Association shall select a new candidate.
(c) The Leader shall not withhold the endorsement of a candidate selected by a Constituency Association except in compliance with this Article.
(d) The Provincial Board of Directors shall oversee the development and implementation of such rules and procedures to ensure fair and effective candidate recruitment, selection, training, and the organization and implementation of effective campaigns.
(e) No person shall be considered for selection to be a candidate for a Constituency Association until and unless that person has signed the following affirmation: “I have read, understand, and do hereby affirm my personal commitment to the official Principles and Policies of the Separation Party of Alberta and to its Constitution.”
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6. PROVINCIAL BOARD OF DIRECTORS
(a) The Provincial Board of Directors of the SPA shall consist of the following Members:
(i) the President ;
(ii) the Leader of the SPA;
(iii) the Deputy Leader;
(iv) the Chief Financial Officer;
(v) the Secretary;
(vi) the founding Members of the SPA, namely, R.B.(Bruce) Hutton - Leader, Founding Committee Rep, Central Alberta P. Kozun - acting Secretary, Founding Committee Rep, Edmonton, Alberta Ron Duffy - Founding Committee Rep, Central Alberta who shall cease to be Directors at the Provincial Convention in 2006; and
(vii) five (5) resident Members from recognized Constituency Associations being one each from (a) North of Edmonton, Alberta; (b) Edmonton, Alberta; (c) south of EDMONTON and north of Calgary, Alberta; (d) Calgary, Alberta; and (e) south of Calgary, Alberta who are qualified for representation on the Provincial Board of Directors.
(b) The following shall not be members on the Provincial Board of Directors:
(i) Members of Parliament and Members of the Legislative Assembly of Alberta;
(ii) Senators;
(iii) employees or contractors of the SPA;
(iv) employees of Members of Parliament and MLAs.
(c) No more than three (3) months, but not less than two (2) months prior to a Provincial Convention, the Provincial Board of Directors shall set a voting date, at which time each region shall hold a mail-in ballot for the election of members to the Provincial Board of Directors. All Members at the time of the mailing will be entitled to vote.
(d) Candidates for the Provincial Board of Directors must be Members in good standing and must file nomination papers no later than one (1) month prior to the date on which the vote is to be taken.
(e) Following each Provincial Convention, Provincial Directors shall elect from their numbers a President, a Vice President, a Secretary, and a Treasurer. The Leader, Deputy Leader and Interim Leader may not be elected to the position of President, Vice President, Secretary or Treasurer of the SPA.
(f) Candidates seeking election to the Provincial Board of Directors, in accordance with this Article, shall be elected by the preferential/alternative vote method by the Members in the region in which that candidate ordinarily resides. In the event that there are the same number or fewer candidates standing for election than vacant positions, each Member present and voting shall mark “yes” or “no” opposite the name of each candidate on the ballot. Only the candidate receiving more affirmative than negative votes will be declared a Provincial Director.
(g) The Provincial Board of Directors shall, from their numbers or Members of the SPA, establish such committees as necessary for the proper and effective operation of the Party. Each committee shall be accountable to and report to the Provincial Board of Directors. Before any meeting of any committee of, or established by the Provincial Board of Directors, there shall be an opening quorum of a majority of the members thereof.
(h) The term of office for all Provincial Directors, except the Leader, Deputy Leader or Interim Leader shall run from 3:00 P.M. on the last day of the Provincial Convention following their election until 3:00 P.M. on the last day of the next Provincial Convention. No Provincial Director, except the Leader, Deputy Leader or Interim Leader shall serve more than three (3) consecutive terms.
(i) The Provincial Board of Directors, on approval of two thirds (2/3) of its membership, may appoint Members to the Provincial Board to fill any vacancy or replacement between Provincial Conventions.
(j) The Provincial Board of Directors, on approval of two thirds (2/3) of its full membership, may remove Provincial Directors where their conduct is judged improper, unbecoming or likely to adversely affect the interest or reputation of the Provincial Directors or the Party at a meeting called for such purpose.
(k) The Provincial Board of Directors may remove any Provincial Director where their conduct is judged improper, unbecoming or likely to adversely affect the interest or the reputation of Provincial Directors or the Party, upon receipt by the Secretary from two thirds (2/3) of all recognized Constituency Associations in Alberta represented by that Provincial Director, where the said Constituency Associations have held a General Meeting for the stated purpose of debating this matter and the request has been approved by a majority vote of eligible Members in attendance.
(l) The Provincial Board of Directors shall meet at the call of the President, or the Leader, Deputy Leader or Interim Leader (as the case may be) or upon written request to the Secretary of at least three (3) Provincial Directors. A meeting shall be deemed to take place when the Provincial Directors participate in a telephone conference that permits all persons participating in the meeting to hear each other. All members so participating shall be deemed to be present at the meeting and shall be included in the quorum. These provisions relating to meetings by telephone conference shall apply to each committee established by the Provincial Board of Directors.
(m) The minutes of the Provincial Board of Directors meetings shall be provided to Provincial Directors and to the Presidents of each recognized Constituency Association within 30 days following the meeting. The voting of Provincial Directors on motions shall be recorded in the minutes of meetings together with the Directors names, as follows:
In Favour
Against
Absent
with the exception that where a motion names a person or persons for a position on the Provincial Board of Directors or on staff, the vote will be by secret written ballot and only the number of votes falling into these three categories will be recorded. There shall be no abstentions from voting on any motion whether by a Provincial Director or committee member, unless a majority of the members of the Provincial Directors and any committee in attendance shall deem it appropriate.
(n) The Provincial Board of Directors shall abide by the Principles and Policies, goals and objectives of the Party and shall act in the interest of all Members, not just the jurisdiction from which they were elected and, subject always to the provisions of this Constitution, to motions passed at any Provincial Convention or by referenda.
(o) Provincial Directors, after filing nomination papers to seek the nomination as a Candidate in an upcoming provincial election or by-election, shall take a leave of absence as a Provincial Director and can only resume Provincial Directors duties when they are no longer a contender for the candidate selection, the election or by-election, as the case may be.
(p) The Provincial Board of Directors shall decide and advise all Constituency Associations whenever they are authorized to implement compressed time lines dealing with Candidate Recruitment and Selection.
(q) The Provincial Board of Directors, in conjunction with the Provincial Caucus, will create a Liaison Committee with equal representation from both organizations. The committee will elect its own chairman and the Leader, Deputy Leader or Interim Leader (as the case may be) will be an ex-officio member. The intent of the committee is to ensure a close and harmonious working relationship between the Party’s grassroots members and the Parliamentary Caucus.
(r) The President of the Provincial Board of Directors shall be the Chief Executive Officer of the Party.
(s) No person shall be considered for selection as a candidate for the Provincial Board of Directors until that person has signed the following affirmation: “I have read, understand and do hereby affirm my personal commitment to the Official Principles and Policies of the Separation Party of Alberta and to its Constitution.”
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7. THE LEADER
(a) There shall be a Leader of the SPA who shall, subject to this Constitution, be responsible for the overall direction of the Party including the following:
(i) responsibility for the organization and administration of the Provincial Caucus;
(ii) together with Caucus, will endeavour to promote and implement the Principles and Policies of the SPA;
(iii) set the strategic direction for the SPA, in consultation with the Provincial Board of Directors and Caucus; and
(iv) carry out these duties in accordance with this Constitution.
(b) At every Provincial Convention the Leader, the Deputy Leader or the Interim Leader (as the case may be) shall carry out an accountability session with the delegates.
(c) The Leader of the SPA may be suspended from the Provincial Board of Directors by a unanimous vote of all the Provincial Directors. The Leader is not allowed to vote on the issue. The suspension shall remain in effect until all problems are resolved to the unanimous satisfaction of the Provincial Directors. If the situation that caused the suspension cannot be resolved in fifteen (15) days from the date of suspension, and the Leader submits his or her written resignation, the Deputy Leader shall take the Leader’s place, but if there is no Deputy Leader the Provincial Directors shall appoint an Interim Leader. If no resignation is forthcoming from the Leader, the Provincial Board of Directors shall call a Special Membership meeting. If the Leader is not reinstated by the Membership, the Deputy Leader shall take the Leader’s place, but if there is no Deputy Leader the Interim Leader will be elected at the Special Membership meeting and a Leadership Convention date shall be set that is within six (6) months from the date of the Special Membership meeting. If the Leader is reinstated, the entire Provincial Board of Directors will immediately submit their resignations and they will not be eligible for re-election to the Provincial Board of Directors or to function as a Leader, Deputy Leader or Interim Leader or be an elected representative for the SPA for a period of ten (10) years.
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8. THE DEPUTY LEADER
The Leader of the SPA shall choose a Deputy Leader from the Membership of the SPA as soon as possible after his election as Leader.
9. THE INTERIM LEADER
(a) Upon the death, retirement or resignation of the Leader, and until the completion of the leadership election, the Caucus and Provincial Directors shall jointly elect an interim Leader who shall be recognized as the Leader of the SPA.
(b) If there is no Caucus, then the Provincial Directors shall select the interim Leader.
10. LEADERSHIP REVIEW
At each Provincial Convention and only at such meeting, the delegates shall be asked by secret ballot: “Do you wish to have a leadership election?” In the event that a Leadership Election has been held within a 90 day period prior to a Provincial Convention, this vote will not be taken at that Provincial Convention.
11. LEADERSHIP NOMINATION
(a) In the event that more than fifty (50%) per cent of the votes cast in the Leadership Review are in the affirmative, or upon the death of the Leader or public announcement of the Leader’s intention to resign, the Provincial Board of Directors shall within six (6) months call for a leadership election.
(b) The date of voting in a leadership election shall occur at the earliest convention date but not earlier than three (3) months and not later than six (6) months after the date on which the Provincial Directors called for such leadership election.
(c) In the event that the Provincial Board of Directors has called a leadership election, such election shall respect the principle that each eligible Member of the Party shall have the right to one (1) vote in the election of the Leader.
(d) Only those who have been Members for at least thirty (30) days immediately prior to the effective date of voting in a leadership election are eligible to vote.
(e) The Provincial Board of Directors shall make rules and regulations for the leadership election, and shall appoint:
(i)five (5) Members to act as the Leadership Election Organization Committee one of whom must be from the Provincial Directors;
(ii) a Chief Election Officer; and
(iii) a Returning Officer for each of the provincial electoral districts to administer the leadership election.
(f) Each candidate for Leader must be nominated in writing no later than thirty (30) days prior to the date of the first ballot of the leadership election by a minimum of one hundred (100) Members who shall come from no fewer than forty (40) recognized Constituency Associations. At the date of the nomination the candidate must be a Member of the SPA, a Canadian citizen and a resident of Alberta for three (3) consecutive years immediately prior to the nomination meeting, duly proven by documentation.
(g) The election of a Leader shall be by secret ballot.
(h) The Provincial Board of Directors may determine reasonable spending limits for a leadership contest.
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12. LEADERSHIP SELECTION PROCESS
(a) The principle of one (1) eligible Member, one (1) vote, through direct election, shall apply.
(b) Balloting shall be by direct voting at polling places established within each Constituency. The Chief Election Officer appointed by the Provincial Directors may, in his discretion, allow for larger geographically dispersed constituencies to have more than one (1) polling station and allow certain constituencies to co-locate polling stations. In the event that eligible Members are unable to vote at polling stations, the SPA shall provide alternate voting procedures.
(c) Ballots shall be so designated that each voter will indicate their choice for their preferred candidate.
(d) If a candidate receives more than fifty (50%) per cent of the total valid ballots cast, that person shall be declared the Leader.
(e) If there are three (3) or more candidates and no candidate receives more than fifty (50%) per cent of the valid ballots cast, a second ballot shall be held between the two (2) candidates who received the most votes.
(f) In the event a second ballot is required, the Provincial Board of Directors shall have made provision in advance for a second ballot to be conducted no sooner than five (5) days and no later than fourteen (14) days from the date of the first ballot.
(g) In order to receive a ballot, a Member must produce current membership in the Party as well as further identification as proof of residence in the provincial electoral district where the Member votes.
(h) The Provincial Board of Directors shall make provision for a non- refundable Leadership Nomination Fee of not less than $1,000 that must accompany a candidate’s nomination form and to be provided in the form of a certified cheque or bank draft payable to the SPA.
(i) The Provincial Board of Directors may make provisions for Members to vote in a place other than the provincial electoral district where a Member ordinarily resides, as long as the Member is participating in a SPA-sponsored leadership event.
13. PROVINCIAL CONVENTIONS
(a) The Provincial Convention of the SPA shall be a meeting of the persons referred to in this Article. Subject to the provisions of Article 14 with respect to referendum voting by the Membership, the Provincial Convention shall be the supreme governing body of the Party, subject only to the authority of this Constitution and the Membership as a whole.
(b) A Provincial Convention shall be held once every two (2) years, at a time and place determined by the Provincial Board of Directors. The Provincial Directors may provide that persons referred to in this Article, though not present at the place of the Provincial Convention, may communicate with those present through the use of appropriate telephonic and computer technology and shall be deemed present at the place of the Provincial Convention.
(c) At least ninety (90) days written or electronic notice of a Provincial Convention shall be sent to all Members as recorded at the Provincial Office. In the event of interruption of postal service, notice shall be sent by courier, facsimile or other computer technology to the President of each recognized Constituency Association.
(d) A Provincial Convention shall be held forthwith after written request for same has been sent to the Secretary from one quarter (1/4) of all recognized Constituency Associations, where said Associations have held a General Meeting for the stated purpose of debating this matter and the request has been approved by a majority vote. “Forthwith” shall mean as soon as reasonably possible, but in any event not later than one hundred and eighty (180) days after the receipt by the Secretary of the minimum number of written Constituency Association requests as herein provided.
(e) At the time of notifying the Members of a Provincial Convention, the Provincial Board of Directors shall appoint committees which may include:
(i) a Provincial Convention Committee;
(ii) a Nominations Committee;
(iii) a Credentials Committee;
(iv) an Awards Committee; and
(v) a Provincial Resolutions Committee.
(f) All delegates entitled to vote at each Provincial Conventions must be Members. Any Member in good standing (who is not a delegate) who pays the registration fee and and attends the Provincial Convention is allowed to vote at the Provincial Convention.
(g) From the membership records maintained at Provincial Office sixty (60) days in advance of each Provincial Convention, the number of delegates entitled to vote at each Provincial Convention shall consist of the following:
(i) each recognized Constituency Association shall be entitled to the number of delegates identified on the chart below, provided that they are selected at a meeting of the Association;
(ii) Provincial Directors; and
(iii) Party MLAs.
Members | Delegates | Members | Delegates | Up to 40 | 1 | 1101 - 1200 | 16 | 41 - 80 | 2 | 1201 - 1300 | 17 | 81 - 120 | 3 | 1301 - 1400 | 18 | 121 - 160 | 4 | 1401 - 1500 | 19 | 161 - 200 | 5 | 1501 - 1600 | 20 | 201 - 240 | 6 | 1601 - 1700 | 21 | 241 - 300 | 7 | 1701 - 1800 | 22 | 301 - 400 | 8 | 1801 - 1900 | 23 | 401 - 500 | 9 | 1901 - 2000 | 24 | 501 - 600 | 10 | 2001 - 2100 | 25 | 601 - 700 | 11 | 2101 - 2200 | 26 | 701 - 800 | 12 | 2201 - 2300 | 27 | 801 - 900 | 13 | 2301 - 2400 | 28 | 901 - 1000 | 14 | 2401 - 2500 | 29 | 1001 - 1100 | 15 | 2501 and up | 30 |
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14. POLLS, PETITIONS, REFERENDA AND VOTING
(a) The Provincial Board of Directors may conduct non-binding polls of the Membership of the Party.
(b) Proxy voting within the Party is NOT permitted.
15. FINANCIAL ORGANIZATION
(a) The financial affairs of the SPA shall be managed by the Treasurer or Chief Financial Officer subject to this Constitution.
(b) When acting within the scope of their authority, no Provincial Director shall be liable for any debts, actions, claims, demands, liabilities or commitments of any kind made by the Party, and in particular the Party shall indemnify and hold harmless each such Director and Officer against any such debt, action, claim, demand, liability or commitment whatsoever.
(c) No Member shall commit the Party to any indebtedness of any kind, either for goods, services or otherwise. Any Member committing the Party in contravention hereof shall save harmless and indemnify the Party against any claim, demand, action, debt or cause of action which may arise as a result of such unauthorized commitment. Annual audited financial statements of the Party shall be automatically made available to each Constituency Association.
(d) The SPA through its Provincial Board of Directors shall offer remuneration to the Provincial Board of Directors in such amount or amounts as the Provincial Directors shall deem reasonable.
(e) The Provincial Board of Directors shall offer remuneration to the Leader, Deputy Leader or Interim Leader of the Party in such amount or amounts as the Provincial Directors and the Leader, Deputy Leader or Interim Leader shall deem reasonable.
16. OFFICES
The Party shall maintain a Provincial Office at such location or locations as the Provincial Board of Directors shall determine.
17. CONSTITUTIONAL AMENDMENTS
(a) The Provincial Board of Directors, or any committee or task force established by the Provincial Directors or by a Provincial Convention, or a Constituency Association on approval of a majority vote of the Members at a duly constituted meeting of the Association called for that purpose, among others, may propose amendments to this Constitution. An amendment proposed by a Constituency Association, together with copies of the notice and the minutes of the meeting where it was passed, shall be presented to the Secretary of the Party.
(b) All Constituency Associations shall receive all Constitutional Amendments to be debated at the Provincial Convention not less than thirty (30) days prior to the Provincial Convention. If one hundred (100) Members in good standing submit a Constitutional Amendment in writing to the Provincial Office at least sixty (60) days prior to the Provincial Convention, the Membership shall vote on that amendment at the Provincial Convention.
(c) All members in good standing may vote on any Constitutional amendment by regular mail, courier, facsimile, and other electronic technology as approved by the Provincial Board of Directors. Voting will be on a one member one vote basis and a two thirds (2/3) majority of ballots cast is required to pass any amendment to the Constitution. Members at the convention will vote on an such amendment by show of hands.
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18. POLICIES
(a) Policies of the Party are contained in a document entitled “Declaration of Principles and Policies” which sets out the high level and short term, medium and long range policy directions of the Party.
(b) A Provincial Resolutions Committee shall create a grassroots Policy Development Process which shall include time lines leading up to each Provincial Convention. Such process will allow for all Constituency Associations to receive all Policy Resolutions to be debated at the Provincial Convention not less than thirty (30) days prior to the Provincial Convention.
(c) All policies placed in the Declaration of Principles and Policies shall be reviewed prior to each Provincial Convention through the Policy Development Process.
(d) The Leader, Deputy Leader or Interim Leader and the Caucus are bound by the Declaration of Principles and Policies as determined by the Members of the Party.
(e) All policies may be amended at a Provincial Convention in accordance with Article 13 provided the majorities required within that Article are achieved.
(f) Between Provincial Conventions, Interim Principles and Policies shall be determined by the Leader, Deputy Leader or Interim Leader and Caucus (if there is one) in consultation with Provincial Directors provided that such Interim Principles and Policies shall be consistent with those established in accordance with this Constitution. Final approval of Interim Principles and Policies shall occur at a Provincial Convention.
19. ENFORCEMENT AND INTERPRETATION OF THE CONSTITUTION
(a) The Leader, Deputy Leader or Interim Leader and Provincial Directors shall uphold and enforce the provisions of this Constitution.
(b) Between Provincial Conventions, the Provincial Board of Directors shall be the final authority on the interpretation of this Constitution. In interpreting this Constitution, any conflict or ambiguity in its terms shall be resolved by giving preference to the provision or interpretation which best reflects the policies and principles set out in the “Declaration of Principles and Policies”.
(c) This Constitution governs the affairs of the SPA and, in the event of any conflict between this Constitution and any other Party or Constituency Association document, this Constitution shall prevail.
(d) All matters not specifically covered in this Constitution are within the purview of the Provincial Board of Directors acting reasonably which has the capacity to act with full authority, subject to subsequent ratification, nullification or amendment by the Membership. Opportunities for Provincial Convention delegates to discuss, amend, ratify or nullify acts of the Provincial Board of Directors must be provided at Provincial Conventions.
(e) The Board of Directors shall comply with the provisions of the Societies Act of Alberta, any amendments and the bylaws of the Separation Party of Alberta Association incorporated under the said ACT.
(f) A Constituency Board of Directors may be suspended from office by a unanimous vote of the Provincial Board of Directors. The suspension will remain in effect until all problems are resolved to the unanimous satisfaction of the Provincial Board of Directors. If the situation that caused the suspension cannot be resolved in fifteen (15) days from the date of suspension, and the Constituency Board of Directors refuses to submit their written resignation, the Provincial Board of Directors shall call a Special Constituency Meeting to resolve the situation that caused the suspension. If necessary a replacement Constituency Board of Directors will be elected at that Special Meeting.
(g) Upon ceasing to hold office, all Directors and Officers shall, within five (5) days of any request, deliver to their successors or to the Provincial Board of Directors, all records, books, financial statements, materials and property in their possession which belong to the Association, or Party failing which such Director or Officer shall be subject to a penalty of $100.00 per day payable to the SPA for each day the documents are not delivered.
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20. SCRUTINEERS
(a) Any nominee or candidate for elected office within the Party may appoint a scrutineer for the purposes of that election.
21. NOTICES
For all matters requiring notice under this Constitution:
(a) Notices may be given in one or more of the following ways with the effective date indicated:
(i) by regular mail, effective three (3) working days after the date of posting with appropriate proof of posting;
(ii) by facsimile, appropriate telephonic or computer technology, effective from the date of transmission;
(iii) by personal delivery, effective on the date of delivery to the recipient;
(iv) by bulk mail, effective five (5) days after delivery to the post office; and
(v) by courier, effective one (1) day after the date of delivery to the courier.
(b) Notices to the Party, or the Provincial Board of Directors, or to the Secretary of the Party, shall be addressed to the Provincial Office of the Party and marked to the attention of the appropriate recipient.
(c) Notices to a Member shall be sent to the Member’s address according to the most recent Party records.
(d) Notices to Constituency Associations shall be addressed to the Association’s President, Secretary or other Executive Officer designated by the Association.
(e) Any notice required by this Constitution shall be deemed given if reasonable compliance has been achieved and no material prejudice has resulted.
SCHEDULE "A"
ATTACHED TO AND FORMING PART OF THE CONSTITUTION OF THE SEPARATION PARTY OF ALBERTA.
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