SCARBOROUGH CAMPUS STUDENTS’ UNION

UNIVERSITY OF TORONTO

BY-LAW NO. 2

TABLE OF CONTENTS

1.INTERPRETATION3

2.ELECTIONS AND BY-ELECTIONS3

  1. ELECTIONS COMMITTEE3 - 4
  1. ELECTIONS OF DIRECTORS4 – 5
  1. APPOINTMENTS5
  1. REFERENDUMS AND PLEBISCITES6
  1. REFERENDUM COMMITTEE6 – 7
  1. AMENDMENTS7

BY-LAW No. 2

Enacted October 15, 1986

Amended November 17, 2004

BE IT ENACTED as a by-law of Scarborough Campus Students' Union (hereinafter sometimes referred to as “the Corporation”), as follows:

Article 1: INTERPRETATION

1.01Definitions -All definitions and interpretations of this by-law shall be those described in article 2 of SCSU by-law #1.

1.02“Elections Committee” means the committee composed of three (3) members of the Corporation, including the Chief Returning Officer, and two (2) Deputy Returning Officers, which oversees all aspects of the Corporation’s elections.

Article 2: ElectionS & BY-Elections

2.01Timing - The elections and by-elections of the Corporation are held during a time set and ratified by the Board;

2.02Spring Elections – The first Spring Election shall be held no earlier than January 21st and no later than February 15th to elect the President and elected Vice Presidents of the Corporation. The second Spring Election shall be held no earlier than March 1st and no later than March 22nd to elect the Directors (Part Time Director Inclusive) of the Corporation.

2.03Fall Elections – An election shall be held no earlier than October 1st and no later than October 31st to elect the First-Year Representatives.

2.04By-Elections - A by-election shall be held pursuant to section 5.07 of By-Law No. 1. Where a by-election is pending to fill a vacancy or vacancies that occur during the months of May, June, July or August, the Board may appoint such persons to such positions provided that the term of office of any appointment shall expire no later than September 30th of that same year. Where a vacancy has occurred after October 31st and no by-election is pending, the Board may appoint such persons to such positions provided that the term of office of any appointment shall expire no later than May 14th. A by-election, which would otherwise be required to be held during the months of September or October, shall, if reasonably practicable, be held at the same time as the Fall Elections.

2.05Notice – The date of the election shall be given at least three (3) weeks prior to the date thereof and the notice shall include information respecting nomination procedures. Notice shall be given in a continuing student publication.

Article 3: ELECTIONS COMMITTEE

3.01Powers and Duties - The Elections Committee administers the electoral processes of the Corporation pursuant to the SCSU Operational Manual, and shall be responsible for presenting the election results to the Board in a timely manner with a recommendation for either ratification or rejection on a basis of their compliance with the electoral process.

3.02Appointment - The Board shall appoint an Elections Committee. The Elections Committee shall be empowered as described in the SCSU Operational Manual following appointment by the Board.

3.03Term - The term of Returning Officers shall be from the time of their appointment until the end of the respective election process.

3.04Counsel - The committee may, upon request of the Board provide advice on matters pertaining to the elections upon submission of the elections report.

3.05Composition – The Elections Committee shall be composed of three (3) members of the Corporation, and shall include the Chief Returning Officer, and two (2) Deputy Returning Officers.

3.06Impartiality - The Returning Officers and all other persons assisting the elections process shall remain impartial throughout the election process.

3.07Eligibility – Voting Directors and any employee of the Corporation or its subsidiaries are ineligible to be considered for appointment to the Elections Committee. Candidates for one Spring Election are ineligible to be considered for appointment to the Elections Committee for a Spring Election of that year.

Article 4: ELECTION OF DIRECTORS

4.01Eligibility - Candidates for positions on the Board shall be members of the Corporation who are eligible to vote for the position for which they are endorsing the form of nomination.

4.02Restriction - No member of the Corporation may be nominated for more than one position on the Board.

4.03Single Candidate - In the event that there is only one candidate running for a position on the Board, there shall be a ratification vote with a ballot asking “YES”, “NO” or “ABSTAIN”.

4.04Outgoing Officers and voting Directors - During elections for their successors, the outgoing Officers and voting Directors:

4.04.01cannot be hired as the CRO or as a DRO;

4.04.02cannot use Students’ Union resources, title, position, finances or other, in favour of or against any candidate;

4.04.03Can use her or his position or title for the sole purpose of her or his candidacy

4.05Pre-ratification - The candidates elected to the Board hold no title of said position until ratification by the Board.

4.06Ratification - The Board shall accept or reject the recommendations of the Elections Committee upon presentation to the Board by concluding the respective compliance or non-compliance of the Elections Committee with the SCSU Operational Manual.

4.07Succession - Between the date of ratification and the date of her or his official taking of office, the incoming Director, by virtue of the incumbent office, has no privileges or powers as a Director of the Corporation.

4.08Members ratified for elected Executive positions shall take no position in the election of the Board.

Article 5: APPOINTMENTS

5.01Eligibility - Applicants for appointed positions on the Board shall be members of the Corporation.

5.02Restriction - Applicants can not participate in elections as a candidate.

5.03Timing - The appointment of the appointed positions on the Board shall occur at a time following the ratification of the first Spring Elections by the Board.

5.04Process - The appointment of the appointed positions on the Board shall occur by the following manner:

5.04.01A call for applicants shall be provided in a continuing student publication at least three (3) weeks prior to the final acceptance date. The call for applicants should roughly parallel the nomination process for Spring Elections and the final acceptance date shall be no later than the last day of the election nomination period.

5.04.02Applications shall be submitted in sealed envelopes, directed to and to be collected by the Chief Returning Officer. In a secure location, the Chief Returning Officer shall store the sealed applications until the ratification of the first Spring Elections for elected Executives by the Board, at which time all sealed applications shall be turned over to an appropriate designate of the Board.

5.04.03Using the processes described in the SCSU Operational Manual, the sealed applications shall be opened and properly evaluated, ultimately resulting in appointment recommendations to the Board.

5.05Applicants for appointed positions, shall take no position with regard to their eligibility, in the election of elected Executives

5.06Members ratified for appointed Executive positions shall take no position in the election of the Board.

Article 6: REFERENDUMS AND PLEBISCITES

6.01Purpose - The Board may from time-to-time, pursuant to the SCSU Operational Manual, hold a referendum or plebiscite to refer a vote of significant importance to the membership of the Corporation.

6.02Timing - The Board shall set the date and time of the referendum or plebiscite.

6.03Quorum - In order for a referendum or plebiscite to be valid, no less than 5% of all members of the Union eligible to vote must have exercised their right to vote.

6.04Question - The question of the referendum or plebiscite shall be set by a resolution of the Board and shall be answered by a “YES”, “NO” or “ABSTAIN” vote.

6.05Response - A majority of the votes cast in the referendum or plebiscite shall determine the response to the question, subject to the requirements of the Act.

6.06Notice - Notice of the referendum or plebiscite shall be given in the same manner as notice of a meeting of members of the Corporation and:

6.06.01shall include the text of the question or questions to be voted upon;

6.06.02if held pursuant to section 13.03 of By-Law No. 1, shall contain a brief statement of the subject matter of such By-law, enactment, amendment or repeal and the full text thereof shall be available without cost to all members of the Corporation.

6.07Position of the Board - Directors of the Board can, if they so wish, participate actively in a referendum or plebiscite campaign where the directors shall be free to adopt public positions and make recommendations to the members with respect to such questions.

6.08Pre-ratification - The results of the referendum or plebiscite shall not be in effect prior to ratification by the Board.

6.09Ratification - The Board shall accept or reject the recommendations of the Referendum (or Plebiscite) Committee upon presentation to the Board by concluding the respective compliance or non-compliance of the Referendum (or Plebiscite) Committee with the SCSU Operational Manual.

Article 7: REFERENDUM (OR PLEBISCITE) COMMITTEE

7.01Powers and Duties - The Referendum (or Plebiscite) Committee administers the referendum or plebiscite voting processes of the Corporation pursuant to the SCSU Operational Manual, and shall be responsible for presenting the results to the Board in a timely manner with a recommendation for either ratification or rejection on a basis of their compliance with the SCSU Operational Manual.

7.02Appointment - The Board shall appoint a Referendum (or Plebiscite) Committee. The Referendum (or Plebiscite) Committee shall be empowered as described in the SCSU Operational Manual following appointment by the Board.

7.03Counsel - The committee may, upon request of the Board provide advice on matters pertaining to the referendum or plebiscite upon submission of the referendum or plebiscite report.

7.04Composition – The Referendum (or Plebiscite) Committee shall be composed of three (3) members of the Corporation, and shall include the Chief Returning Officer, and two (2) Deputy Returning Officers.

7.05Term - The term of Returning Officers shall be from the time of their appointment until the end of the referendum or plebiscite process.

7.06Impartiality - The Returning Officers and all other persons assisting the referendum or plebiscite process shall remain impartial throughout the referendum or plebiscite process.

Article 8: AMENDMENTS

8.01Amendments of By-Law #2 - All amendments of this by-law shall be in accordance with article 13 of SCSU By-Law #1.

SIGNATURES & APPROVAL:

We hereby certify that the foregoing is a true copy of BY-LAW NO. 2 of the Corporation, consolidating all amendments thereto up to and including November 17, 2004, duly passed and confirmed as required under The Corporations Act (Ontario), part III, and that the said By-Law is now in full force and effect.

Dated this _____ day of the month of, ______in the year ______

PRESIDENT ______

CHAIR OF THE BOARD ______

VICE-CHAIR OF THE BOARD ______

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