Difference between revisions of "Reviewing Your Non-profit Society's Bylaws"

The new model bylaws do not address the expulsion or discipline of a member.

The wording in the existing bylaws is similar but slightly different from provision in new Act. The bylaw deals only with expulsion; the new Act deals with expulsion and discipline. The bylaw provides the member with "an opportunity to be heard at the general meeting"; the new Act provides the member with "a reasonable opportunity to make representations to the society", which is broader wording, not restricted to the general meeting or to an opportunity to say something.

There's an argument to make that the existing bylaw and the Act don't fully conflict; that is, that the Act '''extends''' the wording of the bylaw. But to whatever extent that the existing bylaw and the Act are in conflict, the Act would prevail.

The new Act provides that a member can be disciplined or expelled by special resolution '''unless the bylaws provide otherwise'''. Consider whether the needs of your society would be better met by having a different procedure, such as one involving a board of directors process.