Constitution
and By-Laws
ONTARIO PUBLIC SUPERVISORY
OFFICIALS' ASSOCIATION
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| 1. NAME |
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| The
association shall be named the Ontario Public Supervisory Officials’
Association and may be referred to as “O.P.S.O.A.” and is referred
to herein as “the Association.” |
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| 2. MEMBERSHIP |
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| The
membership shall consist of persons who are employed by any public board,
board of education, or divisional board under the Education Act, R.S.O.
1980, c. 129 as amended to September 1, 1998, who become members in accordance
with this Constitution and By-Laws of the Association. |
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| 3. REQUIREMENTS FOR
MEMBERSHIP |
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| 3.1
To become a member a supervisory official must hold supervisory officers’
qualifications under the Education Act or must be an educational official
who is deemed to hold such qualification or hold a university degree or
professional qualification acceptable to the governing body of the Association
and who is not a statutory member of the Ontario Teachers’ Federation.
3.2 To become
a member a person must pay the subscription fee and thereafter, the annual
fee as specified in the By-Laws.
3.3 The classes
of membership and requirements for membership may be enlarged by the governing
body of the Association with the approval of the membership in accordance
with By-Laws adopted by the Association. |
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| 4. PURPOSES AND OBJECTIVES
OF THE ASSOCIATION |
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| The
purpose is to form an association of professional public supervisory officials,
which shall be a non-profit association with the following objects:
4.1 To advance the cause of public education.
4.2 To provide a distinctive voice for public supervisory officials in
the province of Ontario.
4.3 To further common interests in the cause of education in Ontario by
working co-operatively with other organizations and associations.
4.4 To promote effective leadership and the development and growth of
supervisory officials in Ontario.
4.5 To promote ethical practices among the members of the Association.
4.6 To maintain a liaison with and, where appropriate, to advise the Ministry
of Education and other appropriate organizations on matters pertaining
to education.
4.7 To provide welfare, counseling and advice for members.
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| BY-LAWS |
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| 1.0
General
1.1 Definition
of Terms
2.0 Membership
2.1 Active
Members
2.2 Associate
Members
2.3 Honorary
Members
2.4 Application
for Membership
2.5 Membership
Dues
3.0 Management
3.1 Board
of Directors
3.2 Executive
Committee
3.3 Officers
of The Association
3.4 Ad Hoc
Committees And Representatives
4.0 Association
Meetings
4.1 Annual
And General Meetings
5.0 Indemnity
6.0 Auditor |
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| 1.0
GENERAL |
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| 1.1
Definition of Terms
1.1 Definition
of Terms
1.1.1 “Association” means the Ontario Public Supervisory Officials’
Association Inc.
1.1.2 “Board” means Board of Directors of the Association
1.1.3 “Chairperson” means the chairperson of a committee or
the chairperson of a meeting as the context implies.
1.1.4 “Committee” means any committee established by the Board
in accordance with these By-Laws.
1.1.5 “Director” means a member of the Board of Directors
of the Association.
1.1.6 “Ex-Officio Member” of a committee is one who is permitted
but not required to act as a member of a committee, is allowed to vote
but is not counted in determining the quorum.
1.1.7 “Public” means a person employed by a Public District
School Board.
1.1.8 “Supervisory Official” means a person in supervisory
roles and designated as an official by a District School Board.
1.1.9 “Year” means the membership year of September 1st through
August 31st.
1.1.10 “Region” means that the Association is divided into
membership from each of the six Regions of the Province of Ontario as
set out in Schedule A to these By-Laws according to the areas of jurisdiction
of the Boards listed in Schedule A including newly-created boards in a
region though not listed.
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| 2.0.
MEMBERSHIP |
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| Membership is open to
all Public Supervisory Officials in Ontario. |
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| 2.1
Active Members |
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2.1.1
An Active Member of the Association shall be a Supervisory Official employed
by a Public District School Board
2.1.2 Active
Members, who have paid their dues or fees, are: |
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entitled to one vote on each question arising at any general meeting,
or region meeting in which they are a member,
• eligible to hold any office in the Association and may participate
in any or all of the activities in the Association and,
• entitled to participate equally in the distribution of the property
of the Association upon its dissolution.
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| 2.1.3
Effective 1996, Active Membership is available to certificated persons
appointed from seconded positions for a period of time as specified by
the terms of their appointments as Supervisory Officials.
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| 2.2
Associate Members |
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| 2.2.1
The following persons shall be eligible for Associate Membership: |
- Supervisory
Officials employed by district school boards who are Active members
of the Association des gestionnaires en éducation franco-ontarienne
(AGEFO) or the Ontario Catholic Supervisory Officers’ Association
(OCSOA), or
- Education
officials in roles equivalent to those of Active Members but employed
by the Ministry of Education or organizations other than district school
boards whose applications for membership are acceptable to the Board
of Directors, or
- Educational
officials employed outside the Province of Ontario in a capacity that
would make them eligible for Active Membership if within Ontario or
in equivalent roles but employed by organizations other than district
school boards whose applications are acceptable to the Board of Directors,
or
- Former
Active Members who, through the process of Board restructuring, were
declared redundant under the requirements of Section 7, Regulation 309
and transferred to another position in the same district school board,
or
- Former
Active Members who, after retirement under the conditions of the Teachers’
Pension Act or the Ontario Municipal Employees’ Retirement System,
assume employment under a fee-for-service contract with a public district
school board.
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| 2.2.2
Associate Members, who have paid their dues or fees, have all the rights
of an Active Member except: |
- the right
to vote on any question at any meeting, or
- the right
to hold office in the Association, or
- the right
to employment protection through the MAP Legal Reserve Fund.
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| 2.3
Honorary Members |
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| 2.3.1
The following persons shall be eligible for Honorary Membership: |
2.3.1.1
Active Members who retire from their employment with a Public District
School Board shall automatically be entitled to Honorary Membership.
Active members of OAEAO who retired from a Public District School Board
prior to October 1998 are entitled to an Honorary Membership upon request.
2.3.1.2 Persons who the Board of Directors by a duly authorized resolution
invite to become Honorary Members on the basis of their having made
an outstanding contribution to public education in Ontario.
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2.3.2 Honorary Members shall have all the rights of an Active Member except:
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- the right
to vote on any question at any meeting, or
- the right
to hold office, or
- the right
to employment protection through the MAP Legal Reserve Fund.
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| 2.3.3
The alumni of OPSOA is a specific group within the Honorary Membership.
Alumni Membership is based on: |
- an annual
registration, and
- payment
of an annual fee established by the Board of Directors.
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| Alumni
Members shall be entitled to: |
- voice
opinions at Board of Directors meetings upon invitation,
- attendance
at regional meetings,
- attendance
at all sections of the annual conference at a special reduced rate,
- participation
in OPSOA special events,
- regular
use of OSONet,
- involvement
in special projects organized by the OPSOA office, and
- any advantageous/support
packages arranged provincially by the association.
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| 2.4
Application for Membership |
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| Application for membership is
by invitation from the President of the Association. |
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| 2.5
Membership Dues |
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| Dues for Active and Associate
Members are established by majority vote of the Active Members at an annual
meeting or other general meeting of OPSOA, notice of which shall include
notice of intention to seek any changes to such fees. Dues for Alumni
Members shall be established and approved by the Board of Directors and
reviewed by the Board of Directors on an annual basis.
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| 3.0
MANAGEMENT |
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| 3.1
Board of Directors |
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| 3.1.1
Authority
The business of the Association shall be managed by a Board of Directors
elected by the membership in the manner described herein.
3.1.2 Eligibility
Only Active Members, in good standing with the Association, are eligible
to hold office.
3.1.3 Powers
3.1.3.1 The Directors shall administer the affairs of the Association
and make or cause to be made for the Association in its name, contracts
for office accommodation, staff, equipment and supplies as may be required
for the operation of the affairs of the Association and may authorize
payment of travel and meeting expenses and such other expenses as may
be necessary for the fulfillment of the objects and purposes of the Association.
3.1.3.2 The Directors shall be responsible for the management of all funds
received and disbursed by the Association and shall have power to invest
funds of the Association that are not immediately required in government
bonds, term deposits or other securities authorized for trustee investment
in Ontario.
3.1.4 Remuneration
No director may receive remuneration for the holding of office or for
the performance of duties of a director.
3.1.5 Composition
The Board of Directors shall consist of ten voting persons as follows:
• the President;
• the Past-President;
• the President-Elect;
• the Treasurer;
• the Chief Executive Officer, if appointed, who shall be a non-voting
member; and
• one Director from each of the six regions.
The Board of Directors may add, at its discretion, up to two additional
voting members for such reasons as equity balance or representation from
CODE and/or CASA.
3.1.6 Term of Office
The term of office of elected members of the Board of Directors shall
be for two years except that the term for the Treasurer shall be three
years.
3.1.7 Vacancies
If a vacancy should occur on the Board of Directors, the members from
the region in which the vacancy occurred will select the replacement but
respecting the two year rotation of members from the six regions.
3.1.8 Election of Direction from Regions
The election of Directors from each of the six regions shall be by vote
of those present and proxy at the annual region meetings.
3.1.9 Proxy Vote
3.1.9.1 Active members may vote at elections held at the annual meeting
of the Association or at an annual region meeting by written proxy.
3.1.9.2 Proxy votes must be assigned to a member of the School Board from
which the proxy originated or to a member of the Board of Directors of
the Association.
3.1.9.3 The carrier of the proxy carries only the vote and not the direction
of the vote.
3.1.9.4 The Directors may authorize a vote by proxy on specific questions
other than elections when the Directors consider it appropriate.
3.1.10 Meetings
3.1.10.1 Meetings of the Board of Directors will be at the call of the
President or may be initiated by a request, in writing, from three or
more of the members of the Board of Directors.
3.1.10.2 The first meeting of the Board of Directors shall be within one
month following the annual meeting.3.1.10.3 Regular meetings of the Board
of Directors shall be held at such time, day, and place as the Board may
determine.
3.1.10.4 Notice of meetings of the Board of Directors shall be given not
less than seven days before the meeting is to take place and may be given
by giving written notice, by facsimile transmission or orally by telephone.
3.1.10.5 An error in the notice or in giving the notice shall not invalidate
the business enacted at the meeting of the Directors, provided that a
majority of the Directors are present at the meeting.
3.1.10.6 A meeting of the Board of Directors may also be held, without
notice, immediately following the annual meeting of the Association.
3.1.10.7 The Board of Directors may consider or transact any business,
either special or general, at any meeting of the Board.
3.1.10.8 A majority of the elected Directors, that is five, shall form
a quorum.
3.1.10.9 Approval of any question at any meeting of the Board of Directors
shall require the support of the majority of the Directors present.
3.1.10.10 Votes at any such meeting shall be taken by ballot if so demanded
by any Director present. If no demand is made, the vote shall be taken
by a show of hands.
3.1.10.11 A declaration by the chairperson that a resolution has been
carried or defeated will be entered into the minutes.
3.1.10.12 When a recorded vote has been requested by a Director before
the chairperson calls for the vote on a question, the names of those who
vote in favour of the question, of those who vote in opposition and of
those who abstain shall be entered into the minutes.
3.1.10.13 In case of a tie vote, the resolution is defeated.
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| 3.2
Executive Committee |
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| 3.2.1
The Executive Committee shall be comprised of the President, Past-President,
President-Elect, the Treasurer and the Chief Executive Officer, if appointed.
3.2.2 The duties of the Executive Committee shall be as required by the
By-Laws and as may be determined by the Board.
3.2.3 When for any reason members of the Executive Committee are unable
to complete their term of office, the vacancy shall be filled by the members
of the Board of Directors by appointing from among themselves to fill
the vacancies.
3.2.4 The meetings of the Executive Committee will be at the call of the
President and may be initiated by a request from two or more of the members
of the Executive Committee.
3.2.5 The Executive Committee is empowered to:
• conduct, between meetings of the Board, all business authorized
by the Board of Directors;
• deal with any urgent matter that might arise between board meetings
and which in the opinion of the President warrants attention prior to
the next meeting of the Board; and
• represent the Association in meetings with other organizations.
3.2.6 The
President or the Board of Directors may second any member of the Association
as an advisor to the Executive Committee. Such an individual may, if requested,
participate in meetings of the Executive Committee with external organizations.
3.2.7 Nominating Committee for the Executive Officers
3.2.7.1 The Past-President should chair the nominating committee.
3.2.7.2 The nominating committee is to be comprised of the Past- President,
President and one representative from each region.
3.2.7.3 The region representative for the nominating committee is to be
named by the region representative on the Board of Directors.
3.2.7.4 The nominating committee reports to the Board of Directors three
months prior to the annual meeting and the Directors vote on the acceptance
of the nominating committee report at the next Board meeting.
3.2.7.5 The Board of Directors notifies the membership of the nominees
at least one month in advance of the annual meeting.
3.2.7.6 Nominations for the positions on the executive committee will
be accepted up till one hour before the nominations are to be officially
made at the annual meeting.
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| 3.3
Chief Executive Officer |
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| 3.3.1 The Board of Directors
may appoint a Chief Executive Officer and fix the terms of employment
of such officer but where the terms of employment is proposed to extend
beyond the Annual Meeting of the Association, and appointment beyond the
date of the Annual Meeting and the terms of any contract of employment
after such date are subject to approval being given by the members at
the Annual Meeting. In the event that the Directors do not appoint a Chief
Executive Officer, they shall appoint a person or persons as may be necessary
to fulfill the functions that might otherwise be carried out by a Chief
Executive Officer.
3.3.2 The Chief Executive Officer shall
be a non-voting member of the Board of Directors and the Executive Committee.
3.3.3 Duties of the Chief Executive Officer
The Chief Executive Officer shall, if appointed,
perform duties:
3.3.3.1 as assigned by the Board of Directors
or the President and
3.3.3.2 as a regular part of the assigned
duties: attend meetings of the general membership of the Board and
the Executive Committees;
be responsible for the records and minutes
of all proceedings of the Association;
issue notices of meetings as required;
be custodian of all books, papers, records,
correspondence, contracts, documents, books of account, and accounting
records of the Association;and
distribute to members copies of minutes of the general meetings of the
membership and meetings of the Board.
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| 3.4
Officers Of The Association |
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| 3.4.1
Officers
The officers of the Association are the President, the Past- President,
the President-Elect, the Treasurer, and the Chief Executive Officer who
shall act as secretary and be a non-voting member.
3.4.2 President: Election and Duties
The President shall:
3.4.2.1 preside at all meetings of the members of the Association and
of the Board of Directors and of the Executive Committee;
3.4.2.2 be charged with the general management and supervision of the
business of the Association;
3.4.2.3 sign, with the Chief Executive Officer or other officer appointed,
all By-Laws and membership certificates;
3.4.2.4 have the responsibility of reporting to meeting of the Board of
Directors, the activity of the Executive Committee;
3.4.2.5 prepare, in co-operation with the President-Elect and the Treasurer,
an annual budget for presentation to the Board of Directors two months
prior to the annual meeting; and
3.4.2.6 ensure that a minimum of five percent and a maximum of ten percent
of revenue has been allocated to a reserve account which will be designated
as an emergency fund which is not to exceed fifty percent of the current
revenue.
3.4.3 The President-Elect: Election and Duties
3.4.3.1 The President-Elect will be elected by vote at the annual meeting.
3.4.3.2 The election of the President-Elect shall be by those present
and by proxy.
3.4.3.3 The President-Elect’s office may not be held consecutively
by a representative from the same region.
3.4.3.4 The President-Elect shall in the absence of the President exercise
the duties and powers of the President.
3.4.3.5 The President-Elect shall be responsible for the membership activities
of the Association.
3.4.4 Treasurer
The Treasurer shall be responsible for:
3.4.4.1 keeping account of all receipts and disbursements of the Association;
3.4.4.2 depositing all monies and other securities of the Association
for safe-keeping in the name of the Association in such bank or financial
institutions as designated by resolution of the Board;
3.4.4.3 disbursing funds of the Association in accordance with the direction
of the Board;
3.4.4.4 providing as required by the Board or by the auditors an account
of all transactions and of the financial position of the Association;
3.4.4.5 presenting a written Treasurer’s report and monthly expenditures
for approval at each Board of Directors’ meeting; and
3.4.4.6 preparing, with the President, an annual budget for presentation
to the Board of Directors two months prior to the annual meeting.
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| 3.5
Ad Hoc Committees and Representatives |
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| 3.5.1 Ad Hoc Committees
3.5.1.1 The Board of Directors may by resolution, appoint special or ad
hoc committees to deal with specific matters.
3.5.1.2 The motion, establishing such a committee, shall clearly specify
its purpose, terms of reference, specified time line and the chairperson.
3.5.1.3 The members of a special or ad hoc committee established by the
Board of Directors shall be appointed by the President in consultation
with the chairperson of the committee with due consideration to geographic
distribution, expertise, experience and the interests of the Association
members.
3.5.1.4 Ad hoc or special committees shall be dissolved either by Board
resolution or upon completion of their assigned task.
3.5.2 Appointments to Represent the Association
3.5.2.1 The President shall appoint, in consultation with the Executive
Committee, members as official representative of the Association to committees
established by the provincial organization or external bodies.
3.5.2.2 The President in making such appointments, shall give due consideration
to the requirements of the position and to the expertise and experience
of the members of the Association.
3.5.2.3 The President shall advise the Board of Directors of any such
appointments at the next meeting of the Board.
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| 4.0
ASSOCIATION MEETINGS |
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| 4.1
Annual and General Meetings |
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| Annual and General Meetings
4.1.1 The annual meeting of the Association shall be held at a time and
place determined by resolution of the Board of Directors.
4.1.2 Notice of the time and place of the annual meeting shall be given
to each active and associate member by mail or facsimile transmission
30 days before the date fixed for the meeting, provided that any meetings
of members may be held at any time and place without such notice if all
the members of the Association are present thereat, and at such meeting
any business may be transacted which the Association at annual or general
meetings may transact.
4.1.3 The Board of Directors may call a special meeting of the Association
at its discretion. Notice of the meeting shall be sent at least seven
days in advance to all active and associate members and shall state the
reason for the meeting.
4.1.4 No error or omission in giving notice of any annual or special meetings,
of any adjourned meeting, whether annual or general, to any individual
of the Association shall invalidate the meeting or make void any actions
taken there; and any member may at any time waive notice of any such meeting
and may ratify, approve and confirm any or all actions taken there. For
the purpose of sending notice to any member, director or officer for any
meeting, such notice shall be sent to the last address recorded on the
books of the Association.
4.1.5 The order of business at the annual meeting shall be decided by
the Board of Directors, but may be changed by a majority vote of the members
present.
4.1.6 A quorum for the transaction of business at a general meeting of
the Association shall consist of not fewer than 35 members.
4.1.7 Subject to other provisions of this Constitution, each active member
of the Association shall be entitled to vote at all meetings of members.
4.1.8 At all meetings of members, approval of any question shall require
a majority of the active members present unless otherwise required by
the Constitution of the Association.
4.1.9 Every question shall be decided, except as otherwise provided herein,
by a show of hands, unless a secret ballot be demanded by a member and
accepted by a majority of members present.
4.1.10 A declaration by the chairperson that a resolution has been carried
and an entry to that effect in the minutes of the Association shall be
admissible in evidence as prima facie proof of the fact; the number of
proportion of the votes in favour of or against such a resolution is not
required.
4.1.11 If a secret ballot is demanded and approved in the manner described
above, and the demand is not subsequently withdrawn, the poll or secret
ballot shall be taken as the chairperson shall direct and the result of
such poll or secret ballot shall be deemed the decision of the Association.
4.1.12 In the case of a tie vote at any general meeting, whether by show
of hands or a ballot, the resolution is defeated.
4.1.13 Any meetings of the Association or of the Board of Directors may
be adjourned, and business that might have been transacted at the original
meeting may be transacted at the later meeting. No notice shall be required
of any such adjournment, and adjournment may be made notwithstanding that
no quorum is present.
4.1.14 Resolutions shall be submitted to the Executive Committee at least
six weeks prior to the date of the annual meeting and shall be reviewed
by the executive committee and forwarded with appropriate recommendations
to the Board of Directors.
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| 5.0
INDEMNITY |
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| OPSOA hereby consents that
every Director or Officer of the organization and his/her heirs, executors,
and administrators, and estate and effects, respectively shall, from time
to time and at all times, be indemnified and saved harmless out of the
funds of the company from and against:
(a) all costs, charges and expenses whatsoever which such Director or
Officer sustains or incurs in or about any action, suit or proceeding
which is brought, commenced or prosecuted against him/her, for in respect
of any act, deed, matter or thing whatsoever, made, done or permitted
by him/her in or about the execution of the duties of his/her office or
alleged so to be;
(b) all other costs, charges and expenses which he/she sustains or incurs
in or about or in relation to the affairs thereof, except such costs,
charges or expenses as are occasioned by his/her own willful neglect or
default. |
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| 6.0
AUDITOR |
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| The Board of Directors
shall ensure that the Association’s annual financial statements
are audited and for that purpose, shall appoint an auditor with a formal
Canadian accounting designation (CA, CMA, CGA) or equivalent.
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“Schedule
A”
SCHOOL
BOARDS BY REGION |
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Central
Durham
Halton
Peel
Simcoe County
Trillium Lakelands
York Region |
Eastern
Hastings & Prince Edward
Kawartha Pine Ridge
Limestone
Ottawa-Carleton
Renfrew County
Upper Canada |
Metro
Toronto |
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Southwestern
DSB Niagara
Grand Erie
Hamilton-Wentworth
Upper Grand
Waterloo Region |
Northern
Algoma
DSB Ontario North East
Keewatin-Patricia
Lakehead
Near North
Rainbow
Rainy River
Superior-Greenstone |
Western
Avon-Maitland
Bluewater
Greater Essex County
Lambton Kent
Thames Valley |
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