The CONSTITUTION of the FREEDOM PARTY OF ONTARIO as Amended on November 20, 2005
Section Page PART I: NAME, PRINCIPLE, POLICIES, AND OBJECTIVES
1. Party Name...... 1 2. Idem...... 1 3. Founding Principle...... 1 4. Founding Principle not amendable...... 1 5. Policies...... 1 6. Objectives...... 2
7. PART II: DEFINITIONS 2-3
PART III: MEMBERSHIP
8. Eligible persons...... 3 9. Applying for Membership...... 3 10. Conditions stated on application...... 3 11. Who may distribute applications...... 3 12. Who may receive completed applications...... 4 13. Members to forward applications and fees...... 4 14. Constituency Associations to forward applications and fees...... 4 15. Effective date of Membership...... 4 16. Pre-constitution Memberships; expiry...... 4 17. Term of Membership...... 4 18. Late renewals without re-application...... 5 19. Termination of Membership...... 4 20. Who must be a Member...... 5 21. Membership list...... 5
- i - PART IV: CONSTITUENCY ASSOCIATIONS
22. Members organized by electoral district...... 5 23. Constituency Association constitutions...... 6 24. Recognition or Endorsement of Constituency Associations...... 6 25. Applying for Recognition or Endorsement of Constituency Associations.... 6 26. Contributions to FPO; one formula for all Constituency Associations...... 6 27. Contributions to Provincial Region’s Presidents’ Association; one formula in each Provincial Region...... 6 28. Withdrawal of recognition...... 7 29. Management of Constituency Associations...... 7 30. Constituency Association Membership lists...... 7 31. Obtaining a Membership list...... 7 32. Provincial Executive may call a meeting...... 7 33. List of recognized Constituency Associations...... 7
PART V: PRESIDENTS’ ASSOCIATIONS
34. Recognition of Presidents’ Associations...... 8 35. Members of Presidents’ Associations...... 8 36. Presidents’ Association constitutions...... 8 37. Withdrawal of recognition...... 8 38. Management of Presidents’ Associations...... 8 39. Presidents’ Association membership lists...... 8 40. Provincial Executive may call a meeting...... 8
PART VI: PROVINCIAL COUNCIL
41. Who shall be Provincial Councillors...... 9 42. Who shall not be Provincial Councillors...... 9 43. Founder...... 9 44. Members of the Provincial Executive...... 9 45. Presidents’ Association to elect Provincial Councillor...... 10 46. Appointments by Provincial Executive...... 10 47. Timing of vote to appoint Provincial Councillor...... 10 48. Quorum for vote to appoint Provincial Councillor...... 10 49. Procedure...... 10 50. Terms of offi ce...... 10 51. Annual elections by Presidents’ Associations...... 10 52. Provincial elections: leaves of absence...... 10 53. Removal of Provincial Councillors...... 11 54. Vacancies to be fi lled...... 11
- ii - PART VII: PROVINCIAL EXECUTIVE
55. Who shall be members...... 11 56. Transitional...... 11 57. Founder...... 12 58. Replacing Offi cers...... 12 59. Notice of election...... 12 60. Self-nomination by Provincial Councillors...... 12 61. Quorum for election...... 12 62. Where one vacancy and one nominee...... 12 63. More than one vacancy: Single Transferable Vote...... 13 64. Idem...... 13 65. Commencement of term...... 13 66. Length of term...... 13 67. Notice of results...... 13 68. Initial Offi cers: terms of offi ce...... 14 69. Offi ces on Provincial Executive: election...... 14 70. Chief Operating Offi cer of the FPO...... 14 71. Notice of election results...... 14 72. Absenteeism...... 14 73. Removal of an Offi cer...... 15 74. Notice of meetings; ratifi cation of emergency decisions...... 15 75. Quorum at regular meetings...... 15 76. Teleconferencing, etc...... 15 77. In camera sessions...... 15 78. Leader to break tied vote...... 15 79. Recording of votes...... 16 80. Distribution of minutes...... 16
- iii - PART VIII: PROVINCIAL POLICY RESEARCH COMMITTEE
81. Members...... 16 82. Responsibilities...... 16 83. Sub-committees...... 17 84. Who may propose Policies...... 17 85. To whom Policy proposals are to be made...... 17 86. Policy proposals copied to Provincial Executive...... 17 87. Priorities of proposed Policies...... 17 88. Policy proposals to be numbered...... 17 89. Reports to be published...... 18 90. Signatures; dissenting opinions...... 18 91. Deadlines set by a Leader who is an MPP...... 18 92. Deadlines set by Provincial Executive...... 18 93. Delivery of reports...... 18 94. Response to a report...... 18 95. Ordered list of policy proposals to be made available...... 19
PART IX: PROVINCIAL PLATFORM COMMITTEE
96. Members...... 19 97. Responsibility...... 19 98. Meetings...... 19 99. To whom committee reports...... 19
PART X: LIAISON COMMITTEE
100. Intent...... 19 101. Liaison Committee Members...... 20 102. Idem...... 20
PART XI: OTHER PROVINCIAL COMMITTEES
103. May be established by Provincial Executive...... 20 104. All Members appointed by Provincial Executive...... 20 105. Chairs must be Provincial Councillors...... 20 106. To whom Committees report...... 20
- iv - PART XII: COMMITTEES, GENERALLY
107. Quorum...... 20 108. Chairs to make tie-breaking decisions...... 20
PART XIII: POLICIES
109. Policies determined by Provincial Executive...... 21 110. Information that may be considered; advice...... 21 111. Information that shall be considered...... 21 112. Quorum...... 21 113. Provincial Executive to vote on proposed Policies...... 21 114. Votes needed to adopt a Policy...... 21 115. Notice of vote outcome to MPP who proposes a Policy...... 21
PART XIV: ELECTION PLATFORMS
116. Written election platform limited to Policies...... 22 117. Platform determined by Leader...... 22 118. Leader to consider advice...... 22
PART XV: CANDIDATE RECRUITMENT, SELECTION, AND DEVELOPMENT
119. Who is not eligible to be nominated...... 22 120. Constituency Associations: right to nominate...... 23 121. Executive Committee to make initial determination of eligibility...... 23 122. Appeal with leave...... 23 123. Provincial Executive may make fi nding of ineligibility...... 23 124. Ineligible persons not to be candidates for nomination...... 23 125. Provincial Executive may nominate Members...... 23 126. Compressed timelines...... 23 127. Nomination may be nullifi ed by Provincial Executive...... 24 128. Nullifi cation decision: procedure...... 24 129. Selection of replacement nominee...... 24 130. Rules and procedures...... 24 131. When endorsement to be given...... 24
- v - PART XVI: THE LEADER
132. Overall direction of the FPO...... 24 133. Leader’s Responsibilities...... 25
PART XVII: THE INTERIM LEADER
134. Leader’s death, retirement or resignation...... 25 135. Where no caucus...... 25
PART XVIII: LEADERSHIP REVIEW
136. No review during FPO government...... 25 137. Review Eligible Meetings...... 25 138. Where vote at Review Eligible Meeting is in the affi rmative...... 26 139. Where Provincial Executive has discretion to call Leadership election...... 26 140. Where Provincial Executive has discretion to select a new Leader...... 26 141. Death, retirement or resignation of Leader...... 26
PART XIX: LEADERSHIP NOMINATION IN LEADERSHIP ELECTIONS
142. Date of voting...... 27 143. One member, one vote: equal weight of all votes...... 27 144. Who is eligible to vote...... 27 145. Rules and regulations for Leadership election...... 27 146. Who may seek the Leadership...... 27 147. Founder nominated upon notice as of right...... 27 148. Application for nomination...... 28 149. All required information to be supplied...... 28 150. Application requires signatures of fi ve Members; notice to Members...... 28 151. Quantum of application fee...... 28 152. Application Cut-off Day...... 28 153. Pre-screening package to be sent to Members...... 29 154. Members’ Statement form...... 29 155. How an applicant becomes a nominee...... 29 156. Provincial Executive may deem applicant a nominee...... 29 157. Nominees to be interviewed by Provincial Executive...... 29 158. Nullifi cation of nominations...... 30 159. Remaining nominees to be Leadership candidates...... 30 160. Election via Alternative Vote...... 30 161. Manner of casting votes...... 30 162. Candidate campaign funding rules and spending limits...... 30
- vi - PART XX: LEADERSHIP ELECTION
163. Person must be able to prove elibility to vote...... 30 164. One ballot per eligible Member...... 31 165. Alternative Vote ballots...... 31 166. Determination of Leader...... 31
PART XXI: FINANCIAL ORGANIZATION (This Part not in force until declared by the Provincial Executive to be in force)
167. Freedom Ontario Fund...... 31 168. Constitution of Freedom Ontario Fund...... 31 169. Limited liability of members of the Provincial Executive; indemnifi cation. 31 170. Only Freedom Ontario Fund may incur debt; indemnifi cation by Member.. 32 171. Audited fi nancial statements...... 32 172. Offer of remuneration to President; limit...... 32 173. Offer of remuneration to unelected Leader; limit...... 32
PART XXII: OFFICES
174 Locations determined by Provincial Executive...... 32
PART XXIII: CONSTITUTIONAL AMENDMENTS
175. Who may propose amendments...... 32 176. To whom amendment proposals presented...... 32 177. Founding Principle and its regulation of Policies not amendable...... 32 178. Amendments to the amending formula...... 33 179. When proposed amendments to be considered...... 33 180. Notice to all members of the Provincial Executive...... 33
PART XXIV: INTERPRETATION AND ENFORCEMENT
181. Constitution to rule FPO...... 33 182. Enforcement of and obedience to Constitution...... 33 183. Interpretation of Constitution...... 33 184. Matters not covered...... 33
PART XXV: SCRUTINEERS
185. Nominees, candidates may appoint scrutineers...... 34
- vii - PART XXVI: NOTICE
186. Manner of effecting notice...... 34 187. Notice to FPO, Provincial Executive...... 34 188. Notice to Members...... 34 189. Notice to Constituency Associations...... 34 190. Deemed Notice...... 34
PART XXVII: AFFILIATED POLITICAL ORGANIZATIONS
191. FPO not to endorse political organizations...... 35 192. Affi liations...... 35
SCHEDULE “A”: CONSTITUENCY ASSOCIATION CONSTITUTION...... 36
SCHEDULE “B”: PRESIDENTS’ ASSOCIATION CONSTITUTION..... 46
SCHEDULE “C”: SINGLE TRANSFERABLE VOTE PROCEDURE AND ALTERNATIVE VOTE PROCEDURE...... 53
SCHEDULE “D”: PROVINCIAL REGIONS...... 55
MAP: NORTH REGION...... 59
MAP: SOUTHERN REGIONS...... 60
MAP: TORONTO REGIONS...... 61
FREEDOM PARTY OF ONTARIO ORGANIZATION CHART...... 62
- viii - The CONSTITUTION of the FREEDOM PARTY OF ONTARIO as Amended on November 20, 2005
PART I: NAME, PRINCIPLE, POLICIES, AND OBJECTIVES
Party name
1. In English, the name of the Party shall be “Freedom Party of Ontario”, hereinafter referred to as the “FPO”.
Idem
2. In French, the name of the Party shall be “Parti de la Liberté”, hereinafter referred to as the “FPO”.
Founding Principle
3. The FPO is founded on the principle that: “Every individual, in the peaceful pursuit of personal fulfi llment, has an absolute right to his or her own life, liberty, and property” (hereinafter referred to as the FPO’s “Founding Principle”).
Founding Principle not amendable
4. Notwithstanding any section of this Constitution, this section and section 3 of this Constitution cannot be amended, and the founding principle of the FPO shall not be altered.
Policies
5. The policies of the FPO (hereinafter referred to as “Policies”) are those determined in the manner set out in “PART XIII: POLICIES”.
- 1 - Objectives
6. The objectives of the FPO (hereinafter referred to as the “Objectives”) are:
(a) to encourage voters to vote for FPO candidates in provincial elections and by-elections;
(b) to infl uence government through the election of FPO members of the Ontario provincial Legislature, for the better protection in Ontario of every individual’s rights of life, liberty and property; and
(c) to build and support the FPO as an organization of people who will work toward the achievement of Objectives (a) and (b).
PART II: DEFINITIONS
7. In this Constitution,
“Board of Directors” means: the collective of the Directors selected by a Constituency Association to manage the affairs of said Constituency Association, subject always to the provisions of this Constitution and to direction from the Constituency Association.
“Candidate” means: a Member who has received the endorsement set out in section 131 of this Constitution.
“Constituency Association” means: the collective of all Members who are ordinarily resident in a provincial electoral district of Ontario in which the Provincial Executive recognizes an FPO Constituency Association.
“DirectorDirector” means: a Member elected in his or her Constituency Association to sit on that Constituency Association’s Board of Directors.
“Executive Committee” means: the collective of the offi cers of a Constituency Association.
“Founder” means: Robert Metz, the only Member of the Freedom Party of Ontario who founded the Freedom Party of Ontario.
“FPO Caucus” means: Members who are members of the Ontario provincial Legislature.
“Leader” means: the Leader of the FPO.
“Member” means: an individual who is a member of the FPO pursuant to Part III of this Constitution.
“Membership” means: the status of being a Member.
“Offi cer” means: the Founder or a Provincial Councillor elected to the Provincial Executive by the Provincial Executive.
“Policy” means: a proposal to obey, make, amend, or repeal one or more laws of Ontario, or a proposed interpretation of an existing law, or existing laws, of Ontario.
“Provincial Council” means: the group of individuals described in section 41 of this Constitution.
- 2 - “Provincial Executive” means: the group of individuals described in section 54 of this Constitution.
“Provincial Offi ce” means: the headquarters of the FPO.
“Provincial Region” means: one of the Regions set out in Schedule “D” to this Constitution, each of which Regions shall be comprised of not fewer than ten (10) percent of Ontario’s provincial electoral districts.
“Provincial Councillor “ means: a Member who is a member of the Provincial Council of the FPO.
“Secretary” means: the Offi cer holding the offi ce of secretary of the Provincial Executive.
“Simple Majority” means: greater than or equal to fi fty (50) percent plus one. Where fi fty (50) percent renders a number that is not an integer, that number shall be rounded up to the nearest integer and that integer shall constitute the minimum number required for a Simple Majority.
“Special Majority” means: greater than or equal to two thirds (2/3). Where two thirds (2/3) renders a number that is not an integer, that number shall be rounded up to the nearest integer and that integer shall constitute the minimum number required for a Special Majority.
PART III: MEMBERSHIP
Eligible Persons
8. Membership in the FPO is open to every Canadian citizen or landed immigrant, who is ordinarily resident in Ontario, who is sixteen (16) years of age or older, who is not a member of another Ontario provincial political party, and who supports the Objectives of the FPO.
Applying for Membership
9. Every individual who wishes to become a Member must complete and submit an application for Membership, in a form prescribed by the Provincial Executive, together with the full amount of the Membership fee determined by the Provincial Executive.
Conditions stated on application
10. The conditions for Membership established within this Part shall be clearly stated on the application for Membership.
Who may distribute applications
11. Any person may supply any eligible person with an application for Membership, said application having a form and content prescribed by the Provincial Executive.
- 3 - Who may receive completed applications
12. An application for Membership must be accompanied by the required Membership fee and must be received either directly by the Provincial Offi ce, or indirectly, by a member of the Executive Committee of a Constituency Association, or by a Member to whom a member of the Executive Committee of the Constituency Association has delegated the responsibility of receiving Membership applications and fees.
Members to forward applications and fees
13. Any application for Membership and any Membership fee received by a member of the Executive Committee of a Constituency Association, or by a Member to whom a member of the Executive Committee of a Constituency Association has delegated the responsibility of receiving Membership applications or Membership fees, must be forwarded forthwith to the secretary of the Executive Committee of the Constituency Association.
Constituency Associations to forward applications and fees
14. The secretary of an Executive Committee of a Constituency Association shall forward to the Secretary of the Provincial Executive any application for Membership and any Membership fee received by the secretary of the Executive Committee forthwith after it is received by the secretary of the Executive Committee.
Effective date of Membership
15. Eligible persons who apply for Membership in the FPO are Members only after, and immediately after, the Provincial Offi ce of the FPO has added the eligible person to the Membership list at the Provincial Offi ce of the FPO. The Secretary of the Provincial Executive, or a person to whom the Provincial Executive has delegated the Secretary’s responsibilities in respect of applications for Membership, shall add an eligible person’s name to the Membership list at the Provincial Offi ce of the FPO forthwith after receiving the eligible person’s duly executed application for Membership and Membership fee.
Pre-constitution Memberships; expiry
16. After the adoption of this Constitution, no person is a Member whose application for Membership and Membership fee has not been received by the Secretary of the Provincial Executive or a person to whom the Provincial Executive has delegated the same responsibilities in respect of applications for Membership. Unless renewed pursuant to this Part, Memberships obtained prior to the adoption of this Constitution shall expire not later than one year following the adoption of this Constitution.
Term of Membership
17. Memberships in the FPO shall be in increments of one (1) year periods and may be renewed for further periods upon payment of the applicable fee.
- 4 - Late renewals without re-application
18. 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 without need for re-application.
Termination of Membership
19. Membership in the FPO shall be terminated without refund in the following cases:
(a) failure by the Member to pay the applicable fee as set out in section 9;
(b) resignation by the Member submitted in writing to the Secretary of the Provincial Executive;
(c) for just cause, including conduct judged improper, unbecoming, or likely to adversely affect the interests or reputation of the FPO as determined by the Provincial Executive, in its sole discretion, after consultation with the Member’s Constituency Association Executive Committee.
Who must be a Member
20. All Provincial Councillors and Directors of Constituency Associations must be Members. If a Membership is terminated subject to this Part, this condition is no longer being met and, subject to section 43, the position shall be deemed vacant. An offi ce is not vacated under this section if the former Member lost his or her Membership due to an inadvertant failure to pay his or her annual Membership fee provided that the fee is paid within 60 days after the former Member is notifi ed, by the Provincial Executive, that he or she must pay the the fee to remain a Member and keep his or her offi ce.
Membership list
21. The full Membership list of the FPO shall not be disclosed to any person without the approval of a Simple Majority of all members of the Provincial Executive, acting only in the best interests of the FPO. Before the list is disclosed to any person with said approval, the person shall confi rm in writing, signed and dated by the person, that the person agrees to hold the list in strict confi dence and to use it only for the purposes intended by the Provincial Executive, which purposes shall be set out in said writing.
PART IV: CONSTITUENCY ASSOCIATIONS
Members organized by electoral district
22. Members shall be organized according to their residence in the provincial electoral districts of Ontario. Members temporarily residing outside of Ontario shall be assigned to the provincial electoral district in which they vote in provincial elections.
- 5 - Constituency Association constitutions
23. 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.
Recognition or Endorsement of Constituency Associations
24. Only the Provincial Executive may recognize a Constituency Association or endorse a recognized Constituency Association pursuant to Ontario elections and elections fi nance statutes. The Provincial Executive may recognize or endorse a Constituency Association in any provincial electoral district of Ontario but, in each electoral district, only one Constitutency Association may have the recognition or endorsement of the Provincial Executive at any one time.
Applying for Recognition or Endorsement of Constituency Associations
25. In an Ontario provincial electoral district without a recognized or endorsed Constituency Association, any Member ordinarily resident in an electoral district may apply to obtain FPO recognition for a Constituency Association of the FPO in that electoral district by making application to the Provincial Executive for recognition, including a copy of the minutes of the founding meeting, and a list of the offi cers and directors of the Interim Constituency Association. In a like manner, the Member may apply to obtain from the FPO its endorsement of the Constituency Association pursuant to Ontario elections and elections fi nance statutes.
Contributions to FPO; one formula for all Constituency Associations
26. (a) Every Constituency Association shall, by the time and in the manner prescribed in writing by the Provincial Executive, contribute to the FPO an amount of money determined in the manner prescribed in writing by the Provincial Executive.
(b) The Provincial Executive shall prescribe only one calculation for determining the amount to be contributed by a Constituency Association pursuant to subsection 26(a), and that calculation shall be the only calculation used to determine the amount to be contributed to the FPO by each Constitutency Association pursuant to subsection 26(a).
Contributions to Provincial Region’s Presidents’ Association; one formula in each Provincial Region
27. (a) In each Provincial Region having a Presidents’ Association, every Constituency Association shall, by the time and in the manner prescribed in writing by the Provincial Executive, contribute to its Provincial Region’s Presidents’ Association an amount of money determined in the manner prescribed in writing by the Provincial Executive in respect of that Provincial Region.
(b) For each Provincial Region having a Presidents’ Association, the Provincial Executive shall prescribe a calculation for determining the amount to be contributed by a Constituency Association within that Provincial Region pursuant to subsection 27(a), and that calculation shall be the only calculation used to determine the amount to be contributed by each Constitutency Association within that Provincial Region pursuant to subsection 27(a).
- 6 - Withdrawal of recognition
28. Where the number of Members of the FPO residing in the provincial electoral district in which a recognized Constituency Association exists becomes fewer than thirty (30) Members, the Provincial Executive, in its sole discretion, may withdraw its recognition of the Constituency Association, whereupon it shall cease to be a Constituency Association and any funds or other assets of the Constituency Association shall be transferred to Provincial Offi ce 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.
Management of Constituency Associations
29. The affairs of each Constituency Association shall be under the control of its Members, acting through the Constituency Association Board of Directors, who shall be responsible to ensure that the affairs are conducted in a manner consistent with the Constitution of the FPO, and not prejudicial to the interests or well-being of any other Constituency Association, or of the FPO.
Constituency Association Membership lists
30. Constituency Association Membership lists are to be used for FPO purposes only. No other use is permitted unless authorized in writing by the Provincial Executive.
Obtaining a Membership list
31. The Membership of the FPO in an electoral district shall be disclosed upon request to the Executive Committee of a recognized Constituency Association for that district, if it exists, upon the request of the president of that Executive Committee, notice of which request shall be forwarded by the president of the Executive Committee to all other members of the Executive Committee. The Executive Committee shall hold that list in confi dence, shall not share the list with other Constituency Associations, and shall use the list solely for the purposes of furthering the Objectives of the FPO through the activities of the Constituency Association.
Provincial Executive may call meeting
32. The Provincial Executive may call a meeting of the Constituency Association if it believes that it is necessary to do so, with notice of the meeting consistent with this Constitution.
List of recognized Constituency Associations
33. A Presidents’ list of recognized Constituency Associations shall be made available to any President of a recognized Constituency Association who makes a request in writing to Provincial Offi ce.
- 7 - PART V: PRESIDENTS’ ASSOCIATIONS
Recognition of Presidents’ Associations
34. In each Provincial Region having a Constituency Association in a Simple Majority of the electoral districts of the Provincial Region, the Provincial Executive shall declare its recognition of an association, hereinafter referred to as a “Presidents’ Association”.
Members of Presidents’ Associations
35. In each Provincial Region, the president of the Executive Committee of each Constituency Association, and all Members in good standing who have served as President of the Executive Committee of an Constituency Association in that Provincial Region, shall be members of the Presidents’ Association of that Provincial Region, if it has been recognized pursuant to section 33.
Presidents’ Association constitutions
36. The Presidents’ Association Constitution set out in “Schedule B” appended hereto and which is incorporated into and forms a part of this Constitution, shall be the Constitution of all Presidents’ Associations.
Withdrawal of recognition
37. In each Provincial Region having a Presidents’ Association, where the number of electoral districts having a Constituency Association drops to fewer than a Simple Majority, the Provincial Executive, in its sole discretion, may withdraw its recognition of the Presidents’ Association, whereupon any funds or other assets of the Presidents’ Association shall be transferred to Provincial Offi ce to be returned to the Presidents’ Association upon future recognition except funds to cover legitimate liabilities such as outstanding invoices, loans, etc. as recorded in the audited accounts of the Presidents’ Association.
Management of Presidents’ Associations
38. The affairs of each Presidents’ Association shall be under the control of its members, acting through the offi cers of the Presidents’ Association, who shall be responsible to ensure that the affairs are conducted in a manner consistent with the Constitution of the FPO, and not prejudicial to the interests or well-being of any Constituency Association, or of the FPO.
Presidents’ Association Membership lists
39. Lists of members of the Presidents’ Association are to be used for FPO purposes only. No other use is permitted unless authorized in writing by the Provincial Executive.
Provincial Executive may call a meeting
40. The Provincial Executive may call a meeting of any Presidents’ Association if it believes that it is necessary to do so, with notice of the meeting consistent with this Constitution.
- 8 - PART VI: PROVINCIAL COUNCIL
Who shall be Provincial Councillors
41. The Provincial Council, shall consist of the following Members:
(a) the Leader of the FPO;
(b) the Founder;
(c) the chair of Freedom Ontario Fund, who shall be appointed by the Provincial Executive;
(d) for each Provincial Region having a Presidents’ Association, the Provincial Councillor elected by the Presidents’ Association;
(e) Members who, in the opinion of the Provincial Executive, support and agree unequivocally with the FPO’s Founding Principle, and who are elected by a Simple Majority of all members of the Provincial Executive to be Provincial Councillors; and
(f) subject to section 44, past members of the Provincial Executive.
Who shall not be Provincial Councillors
42. The following persons shall not be Provincial Councillors:
(a) persons who are not Members;
(b) Members who, in the opinion of the Provincial Executive, do not unequivocally agree with and support the FPO’s Founding Principle;
(c) members of the Ontario provincial Legislature, except for the Leader of the FPO;
(d) employees or contractors of the FPO;
(e) employees of members of the Ontario provincial Legislature.
Founder
43. The Founder shall remain a Provincial Councillor for life, or until such time as he states, in writing, freely and voluntarily signed and submitted to the Provincial Executive, that he is withdrawing his status as Founder for the purposes of determining the Provincial Councillors of the FPO. The Founder, after he has made such a statement, has an inalienable and unconditional right to be reinstated as a Provincial Councillor for life, and shall be so if and when he submits to the Provincial Executive, in writing, his intention again to be a Provincial Councillor.
Members of the Provincial Executive
44. Every person who has been a member of the Provincial Executive shall remain a Provincial Councillor for life, or until such time as the person states, in writing, freely and voluntarily signed and submitted to the Provincial Executive, that the person is withdrawing the person’s status as a Provincial Councillor. Every such person has an inalienable and unconditional right to be reinstated as a Provincial Councillor for life, and shall be so if and when the person submits to the Provincial Executive, in writing, the person’s intention again to be a Provincial Councillor.
- 9 - Presidents’ Association to elect Provincial Councillor
45. For each term of Offi ce on the Provincial Council, each Presidents’ Association shall elect, from the members of the Presidents’ Association, one (1) Provincial Councillor.
Appointments by Provincial Executive
46. The Provincial Executive may appoint Members to be Provincial Councillors.
Timing of vote to appoint Provincial Councillor
47. The timing of a vote by the Provincial Executive to appoint a Member to Provincial Council shall be in the sole discretion of the Provincial Executive.
Quorum for vote to appoint Provincial Councillor
48. Quorum for a vote by the Provincial Executive to make a Member a Provincial Councillor shall be all members of the Provincial Executive. If the number of Provincial Executive members is even, the Leader shall have two ballots.
Procedure
49. To elect a Member to be a Provincial Councillor, each member of the Provincial Executive shall mark “yes” or “no” opposite the name of the Member in question on the ballot. The Member shall be declared a Provincial Councillor only if the Member receives more affi rmative than negative votes.
Terms of Offi ce
50. Provincial Councillors elected by Presidents’ Associations shall hold offi ce for one-year terms. Provincial Councillors appointed by the Provincial Executive shall hold offi ce until they are removed, by the Provincial Executive, from the Provincial Council. Any Provincial Councillor or former Provincial Councillor may stand for election or re-election to Provincial Council.
Annual elections by Presidents’ Associations
51. Before the end of the term of a Provincial Councillor elected by a Presidents’ Association, the President’s Association shall elect the person who shall serve as Provincial Councillor in the following term.
Provincial elections: leaves of absence
52. With the exception of the Leader and the Founder, a Provincial Councillor, after fi ling 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 Councillor and can resume Provincial Council duties only when he or she is no longer a contender for the candidate selection or the election or by- election, as the case may be, provided said Provincial Councillor’s term of offi ce has not yet expired.
- 10 - Removal of Provincial Councillors
53. At a meeting called for the purpose, of which every Provincial Councillor shall have due notice, the Provincial Executive, on approval of a Simple Majority of its full membership, may remove the status of Provincial Councillor from Members who are not members of the Provincial Executive where:
(a) their conduct is judged improper or unbecoming, or likely to adversely affect the interest or reputation of Provincial Council or the FPO; or
(b) they, in the opinion of the Provincial Executive, are or have become persons disqualifi ed by virtue of section 41 of this Constitution from being Provincial Councillors.
Vacancies to be fi lled
54. If a Member removed from Provincial Council was elected to Provincial Council by a Presidents’ Association, that Presidents Association shall, within three months thereafter, elect another Provincial Councillor as a replacement.
PART VII: PROVINCIAL EXECUTIVE
Who shall be members 55. (a) Subject to subsection 55(b), the Provincial Executive of the Freedom Party of Ontario shall consist of the following eight (8) members: (i) the Leader of the FPO;
(ii) subject to section 57, the Founder; and
(iii) such number of Provincial Councillors, elected to the Provincial Executive by the Provincial Executive, as is necessary to bring the total number of Offi cers, to seven (7).
(b) If an Offi cer is or becomes the Leader of the FPO then, while the Offi cer is both an Offi cer and the Leader, the required number of members on the Provincial Executive shall be seven (7). If the Leader’s term of offi ce as Offi cer ends while he or she is Leader, the required number of members on the Provincial Executive shall remain seven (7) until the Leader is either re- elected as an Offi cer or replaced in his or her capacity as an Offi cer by another Provincial Councillor, at which time the required number of members on the Provincial Executive shall be determined in accordance with this section.
Transitional
56. All persons who are members of the Provincial Executive when this Constitution is adopted shall be deemed to be Members, Provincial Councillors and Offi cers, subject to the terms of this Constitution.
- 11 - Founder
57. The Founder shall remain an Offi cer for life, or until such time as he states, in writing, freely and voluntarily signed and submitted to the Provincial Executive, that he is withdrawing his status as a Founder for the purposes of determining the Offi cers of the FPO. The Founder, after he has made such a statement, is free thereafter to seek any offi ce within the FPO, including that of Offi cer, in the same manner as other Members but, unless the Provincial Executive decides otherwise, loses his privilege of remaining an Offi cer for life.
Replacing Offi cers
58. Within three months after the number of Offi cers falls below the number required by section55 , the Provincial Executive shall hold an election. At the election, all members of the Provincial Executive shall elect a suffi cient number of Provincial Councillors to the Provincial Executive such that the Provincial Executive will thereby again have the number of members required by section 55.
Notice of Election
59. Not less than two months prior to the date of the election, the Provincial Executive shall, in its sole discretion, determine an election date, time and place and shall, not more than one week thereafter, send notifi cation of the election date, time and place to all Provincial Councillors by registered letter mail or by e-mail the receipt of which is confi rmed via e-mail from the intended recipient to the Provincial Executive. Within one week of determining the election date, time and place, the Provincial Executive shall also send notifi cation of same to the Presidents of all Constituency Associations, and shall post said notice prominently on the home page of the FPO web site.
Self-nomination by Provincial Councillors
60. Not less than one (1) month prior to the date of the election, Provincial Councillors, in their sole discretion, may nominate themselves for election to the Provincial Executive by submitting their nominations to the Provincial Executive in a form prescribed by the Provincial Executive for the purpose.
Quorum for election
61. Quorum for an election of a Provincial Councillor to the Provincial Executive shall be all members of the Provincial Executive.
Where one vacancy and one nominee
62. If the number of Provincial Executive vacancies to be fi lled in the election is equal to one (1), and the number of nominees for election to the Provincial Executive is equal to one (1), each member of the Provincial Executive shall mark “yes” or “no” opposite the name of the nominee on the ballot. The nominee shall be declared by the Provincial Executive to be an Offi cer only if the nominee receives more affi rmative than negative votes.
- 12 - More than one vacancy: Single Transferable Vote
63. If the number of Provincial Councillors nominated for election to the Provincial Executive is greater than one (1), the election of Provincial Councillors to the Provincial Executive shall be carried out by the members of the Provincial Executive using the Single Transferable Vote procedure set out in Schedule “C” hereto.
Idem
64. A vacancy that results from the expiry of an Offi cer’s term of offi ce shall be fi lled by the nominee who, via the Alternative Vote procedure set out in Schedule “C”, fi rst obtained the number of votes needed to become an Offi cer. The term of offi ce of such a newly-elected Offi cer shall commence on the date of the nominee’s election.
Commencement of term
65. Where a newly-elected Offi cer is not fi lling a vacancy that resulted from the expiry of an Offi cer’s term of offi ce, the commencement date of the term of offi ce of the newly-elected Offi cer is hereby deemed to be the commencement date of the term of offi ce of the Offi cer whose vacancy the newly-elected Offi cer is fi lling. Where a newly-elected Offi cer is fi lling a vacancy that resulted from the Founder ceasing to be an Offi cer, the commencement date of the term of offi ce of the newly-elected Offi cer is hereby deemed to be the anniversary of the adoption of this constitution that occurred most recently before the newly-elected Offi cer’s election. If more than one Offi cer is elected then, subject to section 64, newly-elected candidates are hereby deemed to replace Offi cers on the basis of the election results. The vacant seats of those former Offi cers who most recently commenced their respective terms of offi ce will be fi lled by those newly-elected Offi cers who more quickly in the Single Transferable Vote tallying process obtained the necessary number of votes to become an Offi cer. For that purpose, the seat of the Founder, if it is one of the vacant seats, shall be considered the seat of the former Offi cer who most recently commenced his term of offi ce.
Length of term
66. With the exception of the Founder if he is an Offi cer for life, the number of years of an Offi cer’s term of offi ce is hereby deemed to be equal to the number of Provincial Councillors required by section 55 to be on the Provincial Executive as Offi cers, minus the number of Founders who, at that point in time, are Offi cers for life.
Notice of Results
67. Within forty-eight (48) hours following the election of one or more Offi cers, the Provincial Executive shall post the results of the election, including the deemed commencement date of each newly-elected Offi cer’s term of offi ce, in a prominent position on the home page of the FPO web site. In addition, within two months of an election of one or more Offi cers, all Members shall be notifi ed of the results of said election, including the commencement date of the term of offi ce of every newly-elected Offi cer, by ordinary lettermail.
- 13 - Initial Offi cers: terms of offi ce
68. As a transitional measure, each of the following six (6) commencement dates is hereby deemed to be the commencement date of the term of offi ce of one of the six (6) initial Offi cers of the FPO who are not the Founder. Those six (6) initial Offi cers shall draw lots to determine which of the following six (6) commencement dates are hereby deemed to be the commencement dates of their respective terms of offi ce as Offi cers:
(a) one (1) year prior to the date of the adoption of this Constitution;
(b) two (2) years prior to the date of the adoption of this Constitution;
(c) three (3) years prior to the date of the adoption of this Constitution;
(d) four (4) years prior to the date of the adoption of this Constitution;
(e) fi ve (5) years prior to the date of the adoption of this Constitution; and
(f) six (6) years prior to the date of the adoption of this Constitution.
Offi ces on Provincial Executive: election
69. Within three (3) months following each provincial election, the Provincial Executive shall elect, from among the members of the Provincial Executive who are not the Leader, a President, a Vice-president, and a Secretary. Any member of the Provincial Executive who is not the Leader may, without the need for a seconder, nominate himself or herself as a candidate for any of these three (3) offi ces. Where only one person has been nominated for a given offi ce, the nominee immediately will be declared by the Provincial Executive to have won the offi ce by acclamation. Where more than one (1) Offi cer has been nominated for a given offi ce, the Alternative Vote system set out in Schedule “C” shall be used to determine that election, the results of which immediately shall be declared by the Provincial Executive.
Chief Operating Offi cer of the FPO
70. The President of the Provincial Executive shall be the Chief Operating Offi cer of the FPO.
Notice of election results
71. Within forty-eight (48) hours following the election of the President, Vice President and Secretary of the Provincial Executive, the Provincial Executive shall post the results of said elections in a prominent position on the home page of the FPO web site. In addition, all Members shall be notifi ed of the results of the election by ordinary lettermail within two months of said elections.
Absenteeism
72. With the exception of the Founder, a Provincial Councillor shall cease to be an Offi cer, subject to the discretion of the Provincial Executive, if the Provincial Councillor is absent from three consecutive, non-emergent meetings of the Provincial Executive without giving prior notice of reasonable excuse therefrom.
- 14 - Removal of an Offi cer
73. Where the conduct of an Offi cer, other than the Founder, has seriously harmed the efforts of the FPO to meet its Objectives in the opinion of all other members of the Provincial Executive, those members may, by unanimous vote, deem the Offi cer no longer to be an Offi cer. A Member other than the Leader who thereby ceases to be an Offi cer shall cease to be a member of the Provincial Executive.
Notice of meetings; ratifi cation of emergency decisions
74. Except in instances of emergency, all members of the Provincial Executive shall receive not less than two (2) weeks’ effective notice of any meeting of the Provincial Executive. If not all members of the Provincial Executive are present at an emergent meeting, any decisions made by the Provincial Executive during an emergent meeting must be ratifi ed by all members of the Provincial Executive not more than one month following the emergent meeting, failing which the decision shall be rendered void.
Quorum at regular meetings
75. Subject to the other provisions of this Constitution, quorum at a meeting of the Provincial Executive shall be a Simple Majority of the members thereof, including either the President or the Vice-president.
Teleconferencing, etc.
76. For the purposes of determining quorum at any meeting of, or election by, the Provincial Executive, a member of the Provincial Executive shall be considered in attendance if the member communicates with the rest of the Provincial Council during a meeting or election thereby via means of teleconferencing or similar technology allowing the member both to hear the meeting and be heard by all other members at the meeting.
In camera sessions
77. When agreed to by a Special Majority of the Provincial Executive, any meeting or discussion may be held in camera.
Leader to break tied vote
78. In any vote of the Provincial Executive, if the number of voting members is even, the Leader’s vote shall count as two votes.
- 15 - Recording of votes
79. The voting of the Provincial Executive on motions shall be recorded in the minutes of meeting to indicate, by the name of each member of the Provincial Executive, each member’s vote on each motion, as follows:
(a) “In favour”;
(b) “Against”;
(c) “Abstained”;
(d) “Absent”;
There will be two exceptions to this:
(i) where a motion names a person or persons for a position on a Committee or on staff, the vote will be by secret written ballot, and only the number of votes falling into these four categories will be recorded; and
(ii) where the motion was made in an in camera meeting.
Distribution of minutes
80. The minutes of Provincial Executive meetings, except meetings held in camera, shall be provided to all Provincial Councillors within thirty (30) days following the meeting. Minutes of meetings held in camera shall be provided to all members of the Provincial Executive, and only to members of the Provincial Executive, within thirty (30) days following the meeting. Members of the Provincial Executive shall hold the minutes of a meeting held in camera in strict confi dence.
PART VIII: PROVINCIAL POLICY RESEARCH COMMITTEE
Members
81. There shall be a Provincial Policy Research Committee that shall consist of the following members:
(a) the chair appointed by the Provincial Executive;
(b) fi ve members of the Provincial FPO Caucus appointed by the Leader or, if the Provincial FPO Caucus includes fewer than fi ve members, all members of the Provincial FPO Caucus; and
(c) a number of Provincial Councillors, appointed to the Provincial Policy Research Committee by the Provincial Executive, equal in number to the greater of two and the number of Provincial FPO Caucus members on the Provincial Policy Research Committee.
Responsibilities
82. The Provincial Policy Research Committee shall have responsibility for carrying out provincial Policy research and reporting the results of that research to the Provincial Executive.
- 16 - Sub-committees
83. Subject to approval from the Provincial Executive, the Provincial Policy Research Committee may establish such subcommittees, consistent with the interests of the FPO, as are necessary for the effective working of the Provincial Policy Research Committee. Each such sub-committee shall be chaired by a Provincial Councillor appointed by the Provincial Policy Research Committee.
Who may propose policies
84. A proposed amendment to the Policies of the FPO may made by:
(a) the Leader;
(b) the Provincial Executive; or
(c) any FPO Member of the Ontario Provincial Legislature.
To whom Policy proposals are to be made
85. All Policy proposals shall be made in writing and forwarded to the chair of the Provincial Policy Research Committee.
Policy proposals copied to Provincial Executive
86. Forthwith after receiving a Policy proposal from the Leader or from an FPO Member of the Ontario Legislature, the Provincial Policy Research Committee shall forward to the Secretary of the Provincial Executive a true copy of any proposed amendment, together with a copy of any documents or correspondence that accompanied the proposed amendment, and information concerning when the proposal was received and who made the proposal.
Priorities of proposed Policies
87. If the Leader is a member of the Ontario provincial Legislature, the Provincial Policy Research Committee shall give top priority to researching any Policy proposal that the Leader directs the Provincial Policy Research Committee to research. Second in priority to such Policy proposals shall be policy proposals that the Provincial Executive directs the Provincial Policy Research Committee to research. Subject to the discretion of the chair of the Provincial Policy Research Committee, the Provincial Policy Research Committee shall research all other proposed Policies in the order in which they have been received.
Policy proposals to be numbered
88. The Provincial Policy Research Committee shall assign a number to each Policy proposal and shall, immediately thereafter, notify the Provincial Executive and the person or persons who made the proposal of the number that has been assigned to the proposal.
- 17 - Reports to be published
89. After it has researched a proposed Policy, the Provincial Policy Research Committee shall publish a succinct report:
(a) explaining why the majority of the members of the Provincial Policy Research Committee believe the proposed Policy is or is not ultimately a Policy consistent with the Founding Principle and Objectives of the FPO; and
(b) proposing any changes to the proposed Policy that might improve its consistency with the Objectives and Founding Principle of the Provincial Policy Research Committee.
Signatures; dissenting opinions
90. All members of the Provincial Policy Research Committee shall sign, date and indicate upon the report whether or not they agree with the contents thereof. If any member(s) of the Provincial Policy Research Committee is/are in dissent with respect to all or a part of the report, the member(s) may append to the report his/her/their explanation as to why he/she/they are in dissent and what conclusions he/she/they would draw instead.
Deadlines set by a Leader who is an MPP
91. If the Leader is a member of the Ontario provincial Legislature then, for the purposes of the better and more time effi cient functioning of the FPO in the Ontario provincial Legislature or in government, the Leader may set such deadlines as the Leader deems necessary for the production by the Provincial Policy Research Committee of its report with respect to any Policy proposal made by the Leader.
Deadlines set by Provincial Executive
92. Subject to section 91, the Provincial Executive may set such deadlines as the Provincial Executive deems necessary for the production by the Provincial Policy Research Committee of its report with respect to any proposed Policy.
Delivery of reports
93. After preparing a report, the Provincial Policy Research Committee shall forthwith thereafter forward the report both to the Provincial Executive and to the person(s) who made the Policy proposal.
Response to a report
94. The person(s) who made the Policy proposal may, not more than thirty (30) days after receiving the Provincial Policy Research Committee’s report, respond in writing to the report, which response shall be forwarded by the person(s) both to the Provincial Executive and to the Provincial Policy Research Committee.
- 18 - Ordered list of Policy proposals to be made available
95. The Provincial Policy Research Committee shall maintain at all times a current list of the order in which Policy proposals, identifi ed only by number, have been or will be researched. The ordered list shall be made available at all times on a web page on the FPO web site.
PART IX: PROVINCIAL PLATFORM COMMITTEE
Members
96. There shall be a Provincial Platform Committee that shall consist of the following members:
(a) the chair of the Provincial Platform Committee, appointed by the Leader;
(b) the Leader;
(c) the President of the Provincial Executive;
(d) the Founder;
(e) the chair of the Provincial Policy Development Committee; and
(f) such other persons as may be appointed by the Leader.
Responsibility
97. The provincial Platform Committee shall be responsible for advising the Leader with respect to the development of the platform to be put forward by the FPO during provincial general elections.
Meetings
98. In co-operation with the Leader, the Provincial Platform Committee shall meet at the call of the chair of the Provincial Platform Committee.
To whom committee reports
99. The Provincial Platform Committee shall report to the Provincial Executive and to the Leader.
PART X: LIAISON COMMITTEE
Intent
100. The intent of the Liaison Committee is to ensure a close and harmonious working relationship between the FPO’s Provincial Executive and the FPO Caucus.
- 19 - Liaison Committee members
101. The Provincial Executive, in conjunction with the FPO Caucus, will create a Liaison Committee with equal representation from both organizations.
Idem
102. The Liaison Committee shall elect its own chair and the Leader will be an ex offi cio member.
PART XI: OTHER PROVINCIAL COMMITTEES
May be established by Provincial Executive
103. The Provincial Executive shall establish such other committees (hereinafter referred to as “Provincial Committees”) as, in the Provincial Executive’s sole discretion, are necessary or appropriate to advise the Provincial Executive or for the proper and effective operation of the FPO.
All members appointed by Provincial Executive
104. All members of each Provincial Committee established under this Part shall be appointed by the Provincial Executive.
Chairs must be Provincial Councillors
105. The Provincial Executive shall appoint, from among the Provincial Councillors, the chair of each Provincial Committee established under this Part.
To whom committees report
106. Each Provincial Committee established under this Part shall be accountable to and shall report to the Provincial Executive.
PART XII: COMMITTEES, GENERALLY
Quorum
107. Before any meeting of any committee of, or established by this Constitution or by Provincial Council, there shall be an opening quorum of a Simple Majority of the members thereof.
Chairs to make tie-breaking decisions
108. In the event of a tie on any vote of a committee, the chair of the Committee shall decide the outcome of the vote to be either in the affi rmative or in the negative, in the chair’s sole discretion.
- 20 - PART XIII: POLICIES
Policies determined by Provincial Executive
109. The Policies of the FPO shall be determined by the Provincial Executive.
Information that may be considered; advice
110. In determining party Policy, the Provincial Executive may consider any relevant information at its disposal, and may commission or receive advice from any source it deems fi t and necessary or appropriate.
Information that shall be considered
111. Before voting with respect to a given proposed Policy, the Provincial Executive shall consider all reports of the Provincial Policy Research Committee that the Provincial Executive has received before the time of the vote concerning the Policy.
Quorum
112. Quorum for a vote by the Provincial Executive on the adoption of a Policy shall be all members of the Provincial Executive.
Provincial Executive to vote on proposed Policies
113. With respect to each proposed Policy, during a meeting of all members of the Provincial Executive the date of which shall be determined by the Provincial Executive, the Provincial Executive shall vote:
(a) to make the proposed Policy a Policy of the FPO;
(b) to make an amended version of the proposed Policy a Policy of the FPO; or
(c) to reject the proposed Policy.
Votes needed to adopt a Policy
114. A Policy proposal, or an amended version of a Policy proposal shall be adopted only if:
(a) a Special Majority of all members of the Provincial Executive agree that it is consistent with the Founding Principle; and
(b) a Simple Majority of all members of the Provincial Executive agree, in the manner set out in section 113, to make it a Policy.
Notice of vote outcome to MPP who proposes a Policy
115. Forthwith after voting on a Policy proposed by a member of the Ontario provincial Legislature, the Provincial Executive shall notify the member of the decision of the Provincial Executive with respect to the proposed Policy.
- 21 - PART XIV: ELECTION PLATFORMS
Written election platform limited to Policies
116. The written election platform document of the FPO in any provincial election or by-election shall include no express promise or proposal of a Policy that is not a Policy of the FPO. Where an inference logically can be drawn from a representation that such a promise or proposal is being made, the representation need not be excluded from the election platform document if another inference logically can be drawn from a representation that the representation does not constitute a promise or proposal of a Policy that is not a Policy of the FPO.
Platform determined by Leader
117. Subject to section 116, the election platform of the FPO in any provincial election or by-election shall be that determined by the Leader to be best suited to meeting the Objectives of the FPO.
Leader to consider advice
118. In determining the election platform of the FPO in a given provincial election or by-election, the Leader shall consider the advice he or she has by that time received from the Provincial Platform Committee and the Provincial Executive.
PART XV: CANDIDATE RECRUITMENT, SELECTION, AND DEVELOPMENT
Who is not eligible to be nominated
119. No person is eligible to be nominated to represent the FPO as a candidate in a provincial election or by-election:
(a) who is not a Member;
(b) who does not unequivocally agree with the Objectives of the Party;
(c) who does not agree, in writing signed by the Member, to support and defend all Policies of the FPO in the Ontario provincial Legislature and in government;
(d) who does not agree, in writing signed by the Member, to refrain from publicly expressing his disagreement with a party Policy other than in the manner set out in this Constitution; or
(e) who does not truthfully make and sign the following declaration:
“I have read, understand, and do hereby affi rm my personal commitment to the Objectives, Policies and Founding Principle of the Freedom Party of Ontario and to the Constitution of the Freedom Party of Ontario. I further promise and affi rm that I shall at all times support the Leader, I will not conduct myself in a manner that may undermine respect for the Leader or the Leader’s authority, and I will follow the directives of the Leader of the Freedom Party of Ontario in respect of my conduct in the Ontario provincial Legislature or in government.”
- 22 - Constituency Associations: right to nominate
120. Each Constituency Association shall have the right, at a general meeting of the Members of the Constituency Association, to nominate an eligible person to represent the FPO in a provincial election or by-election in the electoral district of the Constituency Association.
Executive Committee to make initial determination of eligibility
121. It shall be the responsibility of the Executive Committee of a Constituency Association to make an initial determination of whether a person who wishes to be a nominee is a person who is ineligible by virtue of section 119. That initial determination shall be made before the person is permitted to enter into the Constituency Association’s contest for the nomination. The initial determination must be made in respect of each candidate at least thirty (30) days prior to the date on which the Constituency Association selects its nominee.
Appeal with leave
122. Any Member who, in the opinion of the Executive Committee of the Constituency Association in the electoral district in which the Member is seeking the nomination, is initially determined not to be eligible for nomination may appeal that determination with leave to the Provincial Executive or to an appellate body constituted thereby. The determination of the Provincial Executive, or the appellate body as the case may be, shall be fi nal and determinative of the Member’s eligibility for nomination.
Provincial Executive may make fi nding of ineligibility
123. Notwithstanding the initial determination of a Constituency Association’s Executive Committee concerning a person’s eligibility for the nomination, a Special Majority of all members of the Provincial Executive, or of the full membership of a body to which it delegates the responsibility, may deem the person to be ineligible in the interests of the FPO or pursuant to section 119. Such an ineligibility shall be binding upon the Constituency Association for the purposes of its nomination proceedings.
Ineligible persons not to be candidates for nomination
124. Any person who is not eligible to be a nominee shall not be permitted to be a candidate in the Constituency Association’s nomination contest.
Provincial Executive may nominate Members
125. In any electoral district lacking a Constituency Association recognized by the Provincial Executive, the Provincial Executive may nominate a Member to represent the FPO in any provincial election or by-election.
Compressed time lines
126. The Provincial Executive will decide and advise all Constituency Associations whenever they are authorized to implement compressed timelines dealing with Candidate recruitment and selection.
- 23 - Nomination may be nullifi ed by Provincial Executive
127. The Provincial Executive, on approval of a Special Majority of all members of the Provincial Executive, has the right to nullify the nomination of any person nominated by a Constituency Association where such nullifi cation is, in its absolute discretion, in the best interests of the FPO.
Nullifi cation decision: procedure
128. Where the Provincial Executive proposes to nullify the nomination of a person, the Secretary shall notify the nominated person and the Constituency Association in writing within seven (7) days of the decision, which notifi cation shall contain a statement of the reason for the proposed nullifi cation. The person and no more than three (3) authorized representatives of the Constituency Association shall have the right to be heard by the Provincial Executive or its representatives before a fi nal and binding decision on nullifi cation is rendered.
Selection of replacement nominee
129. Where the nomination of a person is nullifi ed, the Provincial Executive shall either nominate another Member to represent the FPO in the electoral district in question, or shall require the Constituency Association to nominate a new candidate.
Rules and Procedures
130. The Provincial Executive shall make, and oversee the development and implementation of, such rules and procedures as are necessary or appropriate to ensure fair and effective candidate recruitment, selection, training, and to ensure the organization and implementation of effective campaigns.
When endorsement to be given
131.After the Provincial Executive is satisfi ed that a nominee’s nomination will not be nullifi ed, the person or persons required by applicable provincial statutes to endorse a candidate shall endorse the nominee as the offi cial candidate of the FPO in the electoral district for which the nominee was nominated for the purposes of a given provincial election or by-election.
PART XVI: THE LEADER
Overall direction of the FPO
132. There shall be a Leader of the FPO who shall, subject to this Constitution, be responsible for the overall direction of the FPO.
- 24 - Leader’s responsibilities
133. The Leader:
(a) is responsible for the organization and administration of the FPO Caucus;
(b) together with FPO Caucus, will endeavour to promote and implement the Founding Principle and Policies of the FPO;
(c) shall set the strategic direction for the FPO, in consultation with Provincial Executive and FPO Caucus; and
(d) will carry out these duties in accordance with this Constitution.
PART XVII: THE INTERIM LEADER
Leader’s death, retirement or resignation
134. Upon the death, retirement or resignation of the Leader, and until the completion of the election or appointment of a new Leader, the FPO Caucus and Provincial Council shall jointly elect, from among one or more nominees put forth by the Provincial Executive, an interim Leader who shall be recognized as the Leader by the FPO.
Where no caucus
135. If there is no FPO Caucus, then the Provincial Executive shall select the interim Leader.
PART XVIII: LEADERSHIP REVIEW
No review during FPO government
136. There shall be no Leadership review while the Leader is the Premier of Ontario.
Review Eligible Meetings
137. At the fi rst general meeting of the FPO following a provincial general election in which:
(a) the number of FPO candidates in the election that were nominated and endorsed by a recognized FPO Constituency Association having thirty (30) or more Members was a Special Majority of the provincial electoral districts in Ontario; and
(b) the FPO Caucus did not form the Government of Ontario,
and only at such meeting (hereinafter referred to as an “Review Eligible Meeting”), the delegates shall be asked by secret ballot: “Do you wish to have a Leadership election?”.
- 25 - Where vote at Review Eligible Meeting is in the affi rmative
138. In the event that a Simple Majority of the votes cast at a Review Eligible Meeting are in the affi rmative, the Provincial Executive shall, within six (6) months thereafter, call a Leadership election.
Where Provincial Executive has discretion to call Leadership election
139. If, in a provincial general election:
(a) the number of FPO candidates in the election that were nominated and endorsed by a recognized FPO Constituency Association having thirty (30) or more Members was a Simple Majority of the provincial electoral districts in Ontario, but not a Special Majority thereof; and
(b) the FPO Caucus did not form the Government of Ontario,
then, within three (3) months following the election, the Provincial Executive shall hold a meeting of all members of the Provincial Executive who shall vote to determine whether or not a Leadership election is desirable and, if a Simple Majority of the Provincial Executive vote in favour of a Leadership election, the Provincial Executive shall, within six (6) months thereafter, call a Leadership election.
Where Provincial Executive has discretion to select a new Leader
140. If, in a provincial general election, no FPO candidates were elected to the Ontario provincial Legislature, or if:
(a) the number of FPO candidates in the election that were nominated and endorsed by a recognized FPO Constituency Association having thirty (30) or more Members was less than a Simple Majority of the provincial electoral districts in Ontario; and
(b) the FPO Caucus did not form the Government of Ontario,
then, at the fi rst meeting of the Provincial Executive following a general provincial election at which all members of the Provincial Executive are in attendance, Provincial Executive shall, by an open vote of all members of the Provincial Executive, determine whether or not a change in Leadership is desirable and, if a Simple Majority of the Provincial Executive vote in favour of a change in Leadership, the Provincial Executive shall select a new Leader.
Death, retirement or resignation of Leader
141. If the Leader dies while Leader, or if the Leader serves upon the Provincial Executive the Leader’s written notice of the Leader’s freely and voluntarily-made decision to retire or resign as Leader, then:
(a) if there is a recognized FPO Constituency Association in a Simple Majority of provincial electoral districts, the Provincial Executive shall, within six (6) months thereafter, call an election for the Leadership of the FPO; and
(b) if there is not a recognized FPO Constituency Association in a Simple Majority of provincial electoral districts, the Provincial Executive shall select another Leader within six (6) months thereafter.
- 26 - PART XIX:. LEADERSHIP NOMINATION IN LEADERSHIP ELECTIONS
Date of voting
142. The date of voting in a Leadership election shall occur at the earliest convenient date but not earlier than four (4) months and not later than six (6) months after the date on which the Provincial Executive called for such Leadership election.
One Member, one vote: equal weight of all votes
143. In the event that the Provincial Executive has called a Leadership election, such election shall respect the principle that each eligible member of the FPO shall have the right to one vote of equal weight to every other vote in the election of the Leader.
Who is eligible to vote
144. A Member is eligible to vote in a Leadership election held pursuant to section 138 or section 139 only if he or she was a Member immediately prior to the date on which the Provincial Executive called for a Leadership election pursuant to section 138 or section 139.
Rules and regulations for Leadership election
145. The Provincial Executive shall make rules and regulations for the Leadership election, and shall appoint;
(a) fi ve (5) Members to act as the Leadership Election Organization Committee, at least one (1) of whom must be from the Provincial Executive and two (2) others of whom must be Provincial Councillors;
(b) a chief election offi cer, who shall be a Provincial Councillor; and
(c) a returning offi cer for each of the provincial electoral districts, who shall be a Member;
to administer the Leadership election.
Who may seek the Leadership
146. Unless the Member has the approval of a Simple Majority of all members of the Provincial Executive, only a Member who was a Member for at least three (3) years prior to the day on which the Provincial Executive called the Leadership election may apply for and be nominated for the Leadership of the FPO.
Founder nominated upon notice as of right
147. Notwithstanding any section of this Constitution, the Founder, upon notifying the Provincial Executive in writing of his decision to seek the Leadership of the FPO, is deemed hereby to be nominated for the purpose and, notwithstanding any section of this Constitution, his nomination cannot be nullifi ed.
- 27 - Application for nomination
148. With the exception of the Founder, no Member shall be considered to have applied for nomination unless and until the Member’s “Application for Nomination for the Leadership of the Freedom Party of Ontario”, together with a photograph taken for the purpose and a non-refundable disbursement fee determined by the Provincial Executive, has been received by the Secretary of the Provincial Executive or a person to whom that Secretary has delegated the responsibility.
All required information to be supplied
149. With the exception of the Founder, no Member shall be considered to have applied for nomination unless and until all information required to be provided on the application has been provided. Subject to the applicable laws of Ontario and of Canada, the Provincial Executive shall have the authority to require the provision of any information that Provincial Executive decides must be required, including answers to any questions the answers of which may assist the Members and Provincial Executive in selecting an appropriate Leader.
Application requires signatures of fi ve Members; notice to Members
150. The application, to constitute an application under this Part, shall require the signatures of fi ve (5) Members who were Members before the Provincial Executive called the Leadership election pursuant to section 138 or section 139. On the application, Members shall be put on notice that the person applying to be a nominee cannot be a nominee without the signatures of fi ve (5) Members who were Members before the Provincial Executive called the Leadership election pursuant to section 138 or section 139, and shall be put on notice that such Members can sign the application of any number of applicants.
Quantum of application fee
151. The nonrefundable fee shall be no greater in quantum than the amount that the Provincial Executive expects will be needed to forward to the entire Membership of the FPO information concerning the applicant, together with an endorsement form, postage and related disbursements. The amount of the fee to be paid by the applicant, and the requirement to pay it, shall be clearly stated on the application.
Application Cut-off Day
152. No person shall be a nominee in the election who has not submitted the person’s application, photograph, and fee to the Provincial Executive within thirty (30) days following the day on which the Provincial Executive called the Leadership election. The thirtieth (30th) day after the calling of the election shall be referred to herein as the “Application Cut-off Day”.
- 28 - Pre-screening package to be sent to Members
153. Within thirty (30) days following the Application Cut-off Day, the Provincial Executive, or a body to which it delegates the responsibility, shall provide to each Member who was a Member before the date on which the Provincial Executive called the Leadership election a package entitled a “Leadership Prescreening Package”, containing:
(a) a copy of the information in each applicant’s Application for Nomination for the Leadership of the Freedom Party of Ontario, together with the applicant’s photograph; and
(b) a Member’s Statement form.
Member’s Statement form
154. On the Member’s Statement form, the following statement shall be made in respect of each applicant, together with a means for Members to indicate, with respect to each candidate, whether or not they agree with the statement:
“I am so confi dent that (name of applicant) unequivocally agrees with and supports the Founding Principle, Objectives, and Policies of the FPO, that I would entrust to (name of applicant) the powers and responsibilities of the Leadership of the Freedom Party of Ontario. I am also so confi dent that (name of applicant) is committed to promoting and implementing the Policies of the FPO, and governing Ontario in a manner ultimately consistent with the Founding Principle of the FPO, that I would entrust to (name of applicant) the powers and responsibilities of the Leadership of the Freedom Party of Ontario.”
How an applicant becomes a nominee
155. An applicant is hereby deemed to be nominated for the Leadership if the applicant has received the confi dence of at least the lesser of one hundred (100) Members or twenty percent (20%) of the Members whose Member’s Statements were received by the Provincial Executive from Members, in due form, within sixty (60) days following the Application Cut-off Day.
Provincial Executive may deem applicant a nominee
156. The Provincial Executive may deem an applicant to be a nominee with the approval of a Simple Majority of all members of the Provincial Executive.
Nominees to be interviewed by Provincial Executive
157. Not more than ninety (90) days following the Application Cut-off Day, at a meeting of all members of the Provincial Executive, each nominee for the Leadership, except the Founder, shall be interviewed in camera.
- 29 - Nullifi cation of nominations
158. After all such nominees have been interviewed by the Provincial Executive, all members of the Provincial Executive shall indicate either “yes” or “no” to the following questions, in respect of each nominee other than the Founder:
“Are you so confi dent that this nominee unequivocally agrees with and supports the Founding Principle, Objectives, and Policies of the FPO, that you would entrust in this nominee the powers and responsibilities of the Leadership of the Freedom Party of Ontario?”;
and
“Are you so confi dent that this nominee is committed to promoting and implementing the Policies of the FPO, and governing Ontario in a manner ultimately consistent with the Founding Principle of the FPO, that you would entrust in this nominee the powers and responsibilities of the Leadership of the Freedom Party of Ontario?”.
Notwithstanding any other section of this Constitution, the nomination of a Member other than a Founder who does not receive a Simple Majority vote of the members of the Provincial Executive in respect of both determinations (a) and (b) shall hereby be deemed nullifi ed and the person shall proceed no further in the Leadership selection process.
Remaining nominees to be Leadership candidates
159. Those persons who, after the Provincial Executive votes upon them, remain nominees for the Leadership of the Freedom Party of Ontario shall be candidates in the election for same.
Election via Alternative Vote
160. The election of a Leader shall be conducted by secret ballot cast in the Alternative Vote system set out in Schedule “C”.
Manner of casting votes
161. In the discretion of the Provincial Executive, each Member’s vote in the Leadership election may be cast at an FPO party convention held for the purpose, by postal ballot, or by either means.
Candidate campaign funding rules and spending limits
162. The Provincial Executive may determine campaign funding rules and reasonable spending limits for candidates in a Leadership contest.
PART XX: LEADERSHIP ELECTION
Person must be able to prove eligibility to vote
163. In order to receive a ballot in a Leadership election, a person must be able to prove he or she is a Member who is eligible to vote in the Leadership election.
- 30 - One ballot per eligible Member
164. Each Member eligible to vote in a given Leadership election shall be permitted to submit only one ballot for that election.
Alternative Vote ballots
165. Ballots for a Leadership election shall be so designed that each voter will vote according to the Alternative Vote system set out in Schedule “C”.
Determination of Leader
166. The President shall declare the winner of a Leadership election to be the Leader.
PART XXI: FINANCIAL ORGANIZATION (This Part not in force until declared by the Provincial Executive to be in force)
Freedom Ontario Fund
167. The fi nancial affairs of the FPO shall be managed by Freedom Ontario Fund, a non-profi t corporation created for such purpose and organized by the FPO subject to this Part.
Constitution of the Freedom Ontario Fund
168. Freedom Ontario Fund shall consist of the following Members:
(a) a chair, appointed by the Provincial Executive;
(b) directors elected by Provincial Executive from amongst the members of the Provincial Council; and
(c) individuals who are Members appointed to the Freedom Ontario Fund by the Provincial Executive.
Limited liability of members of the Provincial Executive; indemnifi cation
169. When acting within the scope of their authority, no member of the Provincial Executive shall be liable for any debts, actions, applications, claims, complaints, demands, liabilities or commitments of any kind made by or against the FPO or Freedom Ontario Fund, and in particular the FPO and Freedom Ontario Fund shall indemnify, and hold harmless each such member against any such debt, action, application, complaint, claim, demand, liability or commitment whatsoever, including any legal fees and related disbursement incurred by the member in defence of any such debt, action, application, claim, complaint, demand, liability or committment.
- 31 - Only Freedom Ontario Fund may incur debt; indemnifi cation by Member
170. Only Freedom Ontario Fund may, and no member thereof shall, commit the FPO to any indebtedness of any kind, either for goods, services or otherwise. Any Member committing the FPO in contravention hereof shall save harmless and indemnify the FPO against any claim, demand, action, debt or cause of action which may arise as a result of such unauthorized commitment.
Audited fi nancial statements
171. Annual audited fi nancial statements of Freedom Ontario Fund shall be made available to each Constituency Association upon request.
Offer of remuneration to President; limit
172. The Provincial Executive shall offer to the President of the Provincial Executive remuneration not greater than that of the salary of a member of the Ontario provincial Legislature.
Offer of remuneration to unelected Leader; limit
173. Provincial Council shall offer remuneration not greater than that of the salary of a Member of the provincial Legislature, to the Leader, so long as the Leader is not an elected member of the Ontario provincial Legislature.
PART XXII: OFFICES
Locations determined by Provincial Executive
174. The FPO shall maintain a Provincial Offi ce and/or other offi ces at locations determined by the Provincial Executive.
PART XXIII: CONSTITUTIONAL AMENDMENTS
Who may propose amendments
175. Only Provincial Councillors may propose amendments to this Constitution.
To whom amendment proposals presented
176. A proposed amendment shall be presented to the Secretary of the FPO.
Founding Principle and its regulation of Policies not amendable
177. Notwithstanding any other section of this Constitution, the terms of this section, and of sections 3, 4, and 114 of this Constitution cannot be amended.
- 32 - Amendments to the amending formula
178. An amendment to this Part, or to the Objectives of the FPO, shall require the consent of all members of the Provincial Executive. An amendment to any other section of this Constitution shall require the consent of a Special Majority of all members of the Provincial Executive.
When proposed amendments to be considered
179. The Secretary of the Provincial Executive shall place the the proposed amendment on the agenda of the next non-emergent Provincial Executive meeting that is to occur not less than fi fteen (15) days after the Secretary receives the proposed amendment.
Notice to all members of the Provincial Executive
180. The Secretary of the Provincial Executive shall notify all members of the Provincial Executive of all proposed amendments to the Constitution at least fi fteen (15) days prior to the date of the Provincial Executive meeting at which it will be addressed.
PART XXIV: INTERPRETATION AND ENFORCEMENT OF THE CONSTITUTION
Constitution to rule the FPO
181. This Constitution governs the affairs of the Freedom Ontario Fund, the members of the Provincial Executive, the FPO, and its Provincial Councillors, Constituency Associations and Members. In the event of any confl ict between this Constitution and any other FPO or Constituency Association document, this Constitution shall prevail.
Enforcement of and Obedience to Constitution
182. The Leader and the Provincial Executive shall uphold and enforce the provisions of this Constitution.
Interpretation of Constitution
183. The Provincial Executive shall be the fi nal authority on the interpretation of this Constitution. In interpreting this Constitution, any confl ict between or any ambiguity in its terms shall be resolved by giving preference to the provision or interpretation which best refl ects the Founding Principle and Objectives, considered together.
Matters not covered
184. All matters not specifi cally covered in this Constitution are within the purview of the Provincial Executive, governing in the capacity of the Provincial Executive to act with full authority.
- 33 - PART XXV: SCRUTINEERS
Nominees, candidates may appoint scrutineers
185. Any nominee or candidate for elected offi ce within the FPO may appoint a scrutineer for the purposes of that election.
PART XXVI: NOTICE
Manner of effecting notice
186. For all matters requiring notice under this Constitution, notice must be given in one or more of the following ways with the effective date indicated:
(a) by regular mail, effective three (3) days after the later of the date of the postmark or with appropriate documentation, the date of the delivery to the post offi ce;
(b) by facsimile, appropriate telephonic or computer technology, effective on the date of transmission;
(c) by personal delivery, effective on the date of delivery to the recipient;
(d) by bulk mail, effective fi ve (5) days after the date of delivery to the post offi ce;
(e) by courier, effective one (1) day after the date of delivery to the courier; or
(f) by e-mail, effective on the date of delivery to the recipient.
Notice to FPO, Provincial Executive
187. Notice to the FPO, to the Provincial Executive, or to the Secretary of the Provincial Executive, shall be addressed to the Provincial Offi ce of the Freedom Party of Ontario and marked to the attention of the appropriate person or body.
Notice to Members
188. Notice to a Member shall be sent to the Member’s address according to the most recent FPO records. It is the responsibility of a Member to ensure that the FPO’s most recent records contain the Members address for this purpose.
Notice to Constituency Associations
189. Notices to Constituency Associations shall be addressed to the Constituency Association’s president, secretary or other executive offi cer designated by the Constituency Association.
Deemed notice
190. Any notice required by this Constitution shall be deemed given if reasonable compliance has been achieved and no material prejudice has resulted.
- 34 - PART XXVII: AFFILIATED POLITICAL ORGANIZATIONS
FPO not to endorse political organizations
191. The FPO shall not endorse any political organization as the term “endorse” is defi ned by the Election Finances Act, R.S.O. 1990, c.E.7 as amended.
Affi liations
192. Subject to section 191, only the Provincial Executive may affi liate the FPO with another political organization.
- 35 - SCHEDULE A
Attached to and Forming Part of the Constitution of the Freedom Party of Ontario
CONSTITUENCY ASSOCIATION CONSTITUTION
There are many Parts and sections within the Constitution of the Freedom Party of Ontario which relate to Constituency Associations and should be reviewed.
1. NAME
1. The name of the Association is Freedom Party of Ontario (insert name of electoral district) Constituency Association.
2. DEFINITIONS
1. In this Constitution:
“Annual term” means the period of time between two consecutive Annual General Meetings;
“Annual General Meeting” means: a specifi c meeting of a Constituency Association at which the Directors and/or Offi cers of the Constituency Association are elected by the Members in attendance to manage the affairs of the Constituency Association until the succeeding such meeting.
“Association” means Freedom Party of Ontario (insert name of electoral district) Constituency Association;
“Board of Directors” or “the Board” means: the collective of the Directors selected by a Constituency Association to manage the affairs of said Constituency Association, subject always to the provisions of this Constitution and to direction from the Constituency Association;
“Candidate” means a member of the FPO who is seeking to be nominated by the Association to be the person to run as an FPO candidate in a provincial election or by-election.
“Director” means any member of the Board of Directors and includes Directors elected by Members of a district and Directors elected by the Members of the Association;
“Endorsed Nominee” means a Nominee who has received the endorsement of the Association to run as the FPO candidate in a provincial election or by-election in the electoral district of the Association.
“Executive Committee” means the committee by that name established under “Article 8 – Offi cers and Executive Committee”;
“Filing Requirements” means those documents that the FPO deem necessary to have been fi led prior to becoming a declared nominee;
“FPO” means Freedom Party of Ontario;
“Member” means a member of the Freedom Party of Ontario who ordinarily resides in the provincial electoral district of the Association;
“Nominee” means the Candidate elected by the Association, or the member of the FPO selected by the Provincial Executive to be the FPO candidate in a provincial election or by-election;
- 36 - “Offi cer” means: a Member holding the position of President, Vice-president, Secretary, or Treasurer of a Constituency Association;
“President” means the president elected in accordance with Article 8 “OFFICERS AND EXECUTIVE COMMITTEE” herein.
“Returning Offi cer” means a Member approved by the FPO to supervise the election of a Nominee at a meeting of the Constituency Association called for that purpose and in accordance with “Article 9 – Nominee Selection” herein.
“Secretary” means the secretary elected in accordance with Article 8 “OFFICERS AND EXECUTIVE COMMITTEE” herein.
“Treasurer” means the treasurer elected in accordance with Article 8 “OFFICERS AND EXECUTIVE COMMITTEE” herein.
“Vice President” means the vice-president elected in accordance with Article 8 “OFFICERS AND EXECUTIVE COMMITTEE” herein.
3. OBJECTIVES
1. The Objectives of the Constituency Association are:
(a) to support and promote the Objectives and Policies of the FPO, and to maintain an effective constituency organization for that purpose;
(b) to choose a Nominee, in the manner set out in “Article 9 - Nominee Selection”, for each provincial election and by-election;
(c) to assist and promote the election to the Ontario provincial Legislature of Endorsed Nominees;
(d) to raise money and maintain a fund to support the Association and to assist Endorsed Nominees in provincial elections and by-elections;
(e) to recruit membership to carry out the Objectives of the FPO and the Association.
4. MEMBERSHIP
1. Membership in the Association is all Members of the FPO, pursuant to “Part III: Membership” of the Constitution of the Freedom Party of Ontario, who are ordinarily resident in the Constituency Association.
2. Membership in the Association shall cease if a Member ceases to be ordinarily resident in the provincial electoral district or if his or her Membership is terminated pursuant to “Part III: Membership” of the Constitution of the Freedom Party of Ontario.
3. Eligible persons who apply for membership in the FPO shall become Members upon entry on the membership list at Provincial Offi ce.
- 37 - 5. VOTING
1. Only Members may vote on matters coming before a general meeting of the Association. Motions require a Simple Majority vote of persons present and voting to pass. In the event of a tie vote, the President shall cast the deciding vote.
2. Only those who have been Members for at least thirty (30) days immediately prior to the date of voting shall be entitled to vote on the election of Directors. Only Members in good standing shall be qualifi ed to stand for election for Directors.
3. Only those who have been Members for at least thirty (30) days immediately prior to the effective date of voting shall be eligible to vote for a Candidate.
4. Voting on matters set out in Article 5.2 and 5.3, shall be by secret vote.
5. The Board of Directors may appoint a Director recruitment committee (hereinafter referred to as the “Director Recruitment Committee”) in relation to the elections referred to in Article 5.2. The Director Recruitment Committee should strive to identify and recruit qualifi ed persons for each position and may recommend certain persons to the voters. Nominations for the positions in Article 5.2 shall not close until nominations from the fl oor have been called.
6. Proxy voting within the FPO is not permitted.
6. MEETINGS
1. Meetings of the Association shall be convened by the Executive Committee as required.
2. In each twelve (12) month period, the Association shall hold at least four (4) meetings of its Board of Directors, not less than one (1) meeting per quarter, and at least one (1) general meeting of its Members per year.
3. The Secretary shall, within forty-fi ve (45) days of receipt by the Secretary of a written request signed by not fewer than twenty-fi ve (25) Members or ten (10) percent of the Membership, whichever is greater, convene a meeting of the Association.
4. The Provincial Executive may call a meeting of the Constituency Association if it believes that it is necessary to do so, with notice consistent with this Constitution.
5. Notice of all meetings shall state the matters to be dealt with at the meetings. No matters shall be dealt with at a Membership or Provincial Executive initiated meeting until those stated in such request have been dealt with.
6. A quorum at meetings of the Association shall be a number of Members equal to the number of Directors of the Association, this number to include at least one of the President or Vice-president. Should a quorum not be present within one-half (1/2) hour of the time called for a meeting, that meeting, other than a meeting called by the Secretary pursuant to a request under Article 6.2, shall be set over to the same time and place one (1) week later, if possible.
7. Meetings of the Association should be held within the boundaries of the provincial electoral district unless a majority of the Board of Directors vote to hold the meeting elsewhere.
- 38 - 8. The Association shall in each calendar year, and no later than fourteen (14) months from the last Annual General Meeting, hold an Annual General Meeting at which the following business shall be conducted:
(a) report by the Board of Directors;
(b) presentation of fi nancial statements;
(c) election of Directors and, where applicable, Offi cers;
(d) other business as required.
In the event of a provincial election or by-election falling within the allotted period, an Annual General Meeting may be postponed for up to ninety (90) days. The Provincial Executive will decide and advise all Constituency Associations whenever they are authorized to implement the compressed timelines dealing with Candidate recruitment and nomination.
9. The Executive Committee shall formulate all rules, regulations and procedures to be followed at all meetings that are consistent with this Constitution.
7. BOARD OF DIRECTORS
1. The affairs of the Association shall, subject to the provisions of the Constitution of the Freedom Party of Ontario and direction from the Members, be managed and directed by a Board of Directors.
2. The Membership at a Meeting of the Association may pass a bylaw, pursuant to Article 16, to establish districts within the Association which may stipulate that a certain number of Directors come from each established district.
3. Directors shall be elected at the Annual General Meeting from the Members.
4. The Board of Directors shall be comprised of:
(a) the Directors; and
(b) the FPO’s Member of the provincial Legislature from the provincial electoral district. If there is no elected FPO Member of the provincial Legislature from the provincial electoral district then, if there is an Endorsed Nominee, the Board shall include that Endorsed Nominee and this inclusion shall terminate one hundred and twenty (120) days following the provincial election or by-election contested by the Endorsed Nominee.
5. Only Members who have ordinarily resided in the provincial electoral district for at least thirty (30) days immediately prior shall be qualifi ed to stand for election as a Director.
6. The total number of elected Directors shall not exceed thirty (30).
7. Notwithstanding this Article, the Board of Directors may appoint up to three (3) additional members to the Board (to a total of thirty-three (33) Directors) as circumstances may require.
8. The term of offi ce of the Directors is one (1) annual term.
9. If a Director ceases to hold offi ce, the Board may appoint a replacement Director from the Membership.
- 39 - 10. A Director appointed by the Board of Directors may be removed from offi ce at a meeting called for that purpose on approval by not less than two-thirds (2/3) of the membership of the Board of Directors, present and voting.
11. A Director elected by the Members at a Meeting of the Association, may be removed from offi ce at a Meeting of the Board of Directors called for that purpose on approval by not less than two-thirds (2/3) of the full membership of the Board of Directors.
12. The Board of Directors may remove a Director who has missed four (4) consecutive regularly scheduled Board meetings without reasonable explanation.
13. In the event that there are the same number or fewer persons standing for election than vacant Director positions, each Member present and voting shall mark “yes” or “no” opposite the name of each person on the ballot. Every person receiving more affi rmative than negative, and only those persons, shall be declared a Director. Any candidate receiving more negative than affi rmative votes may not be appointed to any vacancy on the Board of Directors.
14. Meetings of the Board shall be promptly called by the Secretary at the direction of the President or at the written request for a meeting, signed by at least fi ve (5) Directors.
15. The Board of Directors shall appoint such committees as are required for the effi cient operation of the Association.
16. A quorum of the Board of Directors is 50% + 1 of the Directors, this number to include at least one of the President or Vice-president.
8. OFFICERS AND EXECUTIVE COMMITTEE
1. The day to day affairs of the Association shall, subject to the provisions of the Constitution of the Freedom Party of Ontario and the direction from the Board of Directors, be managed and directed by an Executive Committee, which shall be comprised of the President, Vice-president, Secretary, Treasurer and not more than three (3) additional members of the Board of Directors.
2. The Offi cers of the Association shall be elected each year either by the membership of the Association at the Annual General Meeting or by the Board of Directors from within their numbers. If the Offi cers are to be elected by the Board of Directors, the election shall take place within fourteen (14) days of the Annual General Meeting.
3. The Offi cers of the Association shall be:
(a) a President who shall prepare the agenda and preside at all meetings of the Association, the Board of Directors and the Executive Committee, who shall be an ex-offi cio member of all committees except the Nomination Committee and the Director Recruitment Committee, and who shall ensure that all communications sent to them by Provincial Offi ce that pertain to specifi c offi cers shall be distributed within a timely matter;
(b) aVice-president, who shall have such duties as the Board shall assign, and who shall assume and perform the duties of the President in the absence of the President;
(c) a Secretary who shall have custody of all offi cial Association records, documents and all regulations of the Association, other than fi nancial, and who shall prepare and maintain minutes of meetings of the Association, of the Board of Directors and of the Executive Committee, call meetings upon the direction of the President or request of members as laid out in this Constitution, and perform other secretarial duties as the Board may direct; and
- 40 - (d) a Treasurer who shall administer the fi nancial affairs of the Association and keep or cause to be kept all such books of account and fi nancial records as may be required to properly refl ect the fi nancial affairs of the Association.
4. If the Offi cers of the Association are elected by the Board of Directors, an Offi cer of the Association may be removed from that position at a meeting of the Board of Directors called for that purpose on approval of two-thirds (2/3) of the full membership of the Board of Directors.
5. If the Offi cers of the Association are elected by the Membership, an Offi cer of the Association may be removed from that position at a meeting of the Association called for that purpose on approval of two-thirds (2/3) of the membership present and voting.
6. Upon ceasing to hold offi ce, Offi cers shall promptly deliver to their successors or to the President or Vice-president(s) of the Association, all records, materials and property in their possession, which belong to the Constituency Association.
7. If an Offi cer ceases to hold offi ce, the Board of Directors may appoint a Director to fi ll the position for the unexpired term.
8. The Executive Committee shall meet at the call of the President or upon written request to the Secretary of at least three (3) other Executive Committee members.
9. A quorum of the Executive Committee is 50% + 1 of the Offi cers, this number to include at least one of the President or Vice-president.
10. Meetings of the Executive Committee shall be held either in person or simultaneous telephone attendance or by a combination thereof.
11. All actions of the Executive Committee shall be recorded and the actions taken since the previous meeting of the Board of Directors shall be presented for ratifi cation to the next meeting of the Board of Directors.
9. NOMINEE SELECTION
1. No fewer than three (3) months prior to a prospective Nominee selection meeting, a nomination committee (hereinafter referred to as the “Nomination Committee”) shall be appointed by the Board of Directors, and shall be comprised of two (2) Directors, plus three (3) other Members and shall appoint a chair from its numbers. Individual Nomination Committee members must sign a pledge not to be Candidates, and not promote or oppose any Candidate.
2. The Nomination Committee shall:
(a) organize and administer a Candidate recruitment, and nomination;
(b) conduct a thorough search to fi nd the best available persons to be Candidates, in accordance with FPO guidelines;
(c) require the calling of a general meeting of the Association for the purpose selecting a Nominee (“the Nomination Meeting,”); and
(d) provide opportunities for the dissemination or publication of the platform and priorities of all Candidates.
- 41 - 3. A meeting committee (hereinafter referred to as the “Meeting Committee”) shall be appointed by the Board of Directors. The committee shall organize the nomination meeting as directed and approved by, the Board of Directors (hereinafter referred to as the “Nomination Meeting”), but will work closely with the Nomination Committee to ensure all their needs are met. Individual Meeting Committee members must sign a pledge to not become Candidates and not promote or oppose any Candidate.
4. Any member of the Board of Directors after fi ling the prescribed papers to be a Candidate or, if the Director is an Endorsed Nominee, after becoming a candidate in a provincial election or by-election, shall take a leave of absence as a Director and can only resume Board duties when the Director is no longer a Candidate, or is no longer a candidate in the provincial election or by-election, as the case may be.
5. All Candidates shall be notifi ed of and invited to attend meetings of the Board as a guest until a Nominee has been elected or selected.
6. Except in the case of a by-election, the Nomination Committee shall, no more than one (1) year but not less than two (2) months prior to the prospective Nomination Meeting:
(a) declare the start of the offi cial campaigning period for Candidates;
(b) release a copy of the Association’s Membership list to each Candidate who has met the Filing Requirements; and has been interviewed and accepted by the Nomination Committee as a potential Nominee.
(c) provide opportunities for all Candidates to state their platforms and promote their Nomination.
7. At a Nomination Meeting, no business other than the selection of a Nominee shall be conducted until after the vote for the Nominee has been held.
8. A Candidate shall present to a member of the Nomination Committee, before the time for registering as a Candidate has ended, a candidacy paper signed by not fewer than ten (10) Members who are entitled to vote on the selection of a Nominee. The candidacy paper shall be signed also by the Candidate, indicating acceptance of the candidacy and support of the FPO’s Objectives and Policies. Every Candidate must have been a Member for at least thirty (30) days immediately prior to the date of the Nomination Meeting, have a paid up membership in the FPO extending to at least the latest possible date of the forthcoming election, and be eligible to sit as a member of the Ontario provincial Legislature.
9. The time for registering as a Candidate shall close at 5:00 p.m., fourteen (14) days prior to the date of the Nomination Meeting.
10. At the Nomination Meeting, a Returning Offi cer approved by the FPO, shall:
(a) supervise the voting and vote counting;
(b) declare and announce the winner; and
(c) if so directed by the meeting, destroy the ballots.
11. Before the vote is taken, each Candidate shall be given equal time to address the meeting. The time allotment shall be determined by the Nomination Committee and communicated to all Candidates in advance, and may be used by the Candidate and/or the Candidate’s introducer as the Candidate may choose.
- 42 - 12. The order in which the candidates shall address the meeting will be determined by lots drawn by the candidates.
13. The selection of a nominee shall be carried out by means of the Alternative Vote system described in Schedule “C” to the Constitution of the Freedom Party of Ontario.
14. On the ballot, the Candidates shall be named in alphabetical order of their respective surnames.
15. In order to receive a ballot, a Member must establish current membership in the Freedom Party of Ontario, as well as further identifi cation as proof of ordinary residence in the provincial electoral district where the Member votes.
16. Ballots shall be marked in secret by eligible voters.
17. In the event that there is only one Candidate, that person shall be the Nominee.
18. In the event of an unanticipated provincial election or by-election, the time periods in “Articles 9.1, 9.6, 9.9 – Candidate Selection” and “Article 10.2 – Notices” may be abrogated by a resolution passed by the Board of Directors. The Provincial Executive will decide and advise all Constituency Associations whenever they are authorized to implement the compressed timelines dealing with Candidate recruitment and selection.
19. Memberships sold during the Nominee Selection process must be turned in to the President or the Nomination Committee or their designate within the time parameters established in “Article 5.2 - Voting” and such Membership application forms must be signed by the applicant.
20. For the purposes of this Article, a mail-in ballot may be used with the approval by the Provincial Executive, provided that the procedure for any proposed mail-in ballot is approved by the Provincial Executive.
21. The Nomination Committee shall interview each Candidate within seven (7) days of the fi ling requirements being met. In conducting such interview(s), the Committee shall satisfy itself as to the character and support of Freedom Party of Ontario Objectives and Policies of each person seeking nomination. The Nomination Committee shall have the right to disallow the Candidacy of any person, subject to the appeal of such a decision to the Provincial Executive of the Freedom Party of Ontario.
10. NOTICES
1. Notice of any meeting(s) of the Association, together with notice of dates, times and locations of meetings, and items to be dealt with thereat shall be given by, or under the direction of the Secretary to each Member of record by one (1) or more of the following methods:
(a) mailing a copy of such notice to the Member’s address of record;
(b) personally delivering a copy of such notice;
(c) mailing to the Member’s address of record a copy of a Constituency Newsletter which prominently displays such notice;
(d) oral communication to each Member; or
(e) appropriate telephonic and computer technology.
2. Notice of Meetings of the Association shall be given to all Members not fewer than fourteen (14) days and not more than forty fi ve (45) days prior to the day on which any such meeting is to be held.
- 43 - 3. Notice of Board of Directors meetings shall be given to all Directors by either the President or the Secretary not fewer then seven (7) days prior to the date of the meeting. Notice of any meeting of the Board of Directors may be waived with the approval of three quarters (3/4) of the Directors.
4. Notice of district meetings, where applicable, shall be given by the Secretary of the Association or by the Director elected by the district to all Members of record ordinarily residing in the district not fewer than fourteen (14) days prior to the date of the meeting.
11. REPORTING
1. Copies of the following shall be provided to Provincial Offi ce by each Constituency within thirty (30) days of the holding of an Annual General Meeting:
(a) the names of the Offi cers with their mailing addresses, telephone and facsimile numbers and e-mail addresses, any change in the Offi cers’ makeup or personal information to be forwarded in a timely fashion on an ongoing basis;
(b) the minutes of the Annual General Meeting; and
(c) the annual fi nancial report of the Association.
12. AMENDMENTS
1. This Constituency Association Constitution may be amended only in accordance with “Part XXIII: Constitutional Amendments” of the Constitution of the Freedom Party of Ontario.
13. FISCAL YEAR
1. The fi scal year of the Association shall be a maximum of a twelve (12) month period recommended by the Board of Directors and approved by the Members at a Meeting of the Association.
14. BOUNDARY ADJUSTMENT
1. In the event of a legal change to the boundaries of a provincial electoral district, one person from each Constituency Association so affected and one person appointed by the Provincial Executive shall meet to decide the fair division of assets of the affected Constituency Associations and the transfer and coordination of Membership lists.
15. DUTY TO UPHOLD
1. It shall be the duty of the Board of Directors to uphold and enforce the provisions of this Constitution.
16. REGULATIONS AND BYLAWS
1. The Constituency Association may pass regulations and bylaws with respect to the operation of the Association so as to not confl ict with this Constitution or the Constitution of the Freedom Party of Ontario. Copies of such regulations and bylaws must be kept by the Secretary in the Constituency Association fi les and copies thereof shall be sent to Provincial Offi ce.
- 44 - 17. LIABILITY
1. When acting within the scope of their authority, no Director of a Constituency Association shall be liable for any debts, actions, claims, demands, liabilities or commitments of any kind made by the Constituency Association. The Constituency Association shall indemnify and hold harmless each such Director, against any such debt, action, claim, demand, liability or commitment.
- 45 - SCHEDULE B
Attached to and Forming Part of the Constitution of the Freedom Party of Ontario
PRESIDENTS’ ASSOCIATION CONSTITUTION
There are many Parts and sections within the Constitution of the Freedom Party of Ontario which relate to Presidents’ Associations and should be reviewed.
1. NAME
1. The name of the Association is the Presidents’ Association of the Freedom Party of Ontario, (name of Provincial Region) Region.
2. DEFINITIONS
1. In this Constitution:
“Annual General Meeting” means: a specifi c meeting of a Presidents’ Association at which the Offi cers of the Presidents Association are elected by the Members in attendance to manage the affairs of the Presidents’ Association until the succeeding such meeting.
“Association” means Presidents’ Association of the Freedom Party of Ontario, (name of Provincial Region) Region;
“Candidate” means a member of the Association who is seeking to be elected by the Association to be the Provincial Councillor for (name of Provincial Region) Region.
“Executive Committee” means the committee by that name established under “Article 8 – Offi cers and Executive Committee”;
“Filing Requirements” means those documents that the FPO deem necessary to have been fi led prior to becoming a Candidate;
“FPO” means Freedom Party of Ontario;
“Member” means the President of the Executive Committee of each Constituency Association in (name of Provincial Region) Region, and all members of the FPO who have served as President of an Executive Committee of an FPO Constituency Association in (name of the Provincial Region) Region or who both are or have been a Provincial Councillor and regularly reside in (name of the Provincial Region) Region;
“Offi cer” means: a Member holding the position of Provincial Councillor, Chair, First Vice-chair, Second Vice-chair, Secretary, or Treasurer of a Presidents’ Association;
“Provincial Region” means: a collective of provincial electoral districts described in Schedule “D” to the Constitution of the Freedom Party of Ontario;
“Returning Offi cer” means a Member approved by the Offi cers of the Association to supervise the selection of a Provincial Councillor for (name of the Provincial Region) Region at a meeting of the Constituency Association called for that purpose and in accordance with “Article 9 – Selection of the Provincial Councillor” herein.
- 46 - 3. OBJECTIVES
1. The Objectives of the Presidents’ Association are:
(a) to support and promote the Founding Principle, Objectives and Policies of the FPO, and to maintain an effective organization in (name of Provincial Region) Region for that purpose;
(b) to protect the integrity of the Founding Principle and Objectives of the FPO, and to safeguard the requirement that all FPO Policies be consistent with the Founding Principle and Objectives of the FPO, by selecting, annually, a Provincial Councillor best suited for, and most earnestly committed to, those purposes;
(c) to ensure compliance of Constituency Association operations and personnel with the Constitution of the Freedom Party of Ontario, with the Constitutions of the respective Constituency Associations, and with directions set out by the Provincial Executive, and to train or otherwise assist Constituency Associations in said compliance; and
(d) to raise money and maintain a fund to support the operations of the Association.
4. MEMBERSHIP
1. Membership in the Association is restricted to those members of the FPO each of whom regularly reside in (name of Provincial Region) Region and:
(a) is or has been the President of the Executive Committee of a recognized Constituency Association in (name of Provincial Region) Region; or
(b) is or has been a Provincial Councillor.
2. Membership in the Association shall be suspended while a Member is not ordinarily resident in (name of Provincial Region) Region.
3. Membership shall be terminated:
(a) if and when the Member’s membership in the FPO is terminated pursuant to “Part III: Membership” of the Constitution of the Freedom Party of Ontario; or
(b) in the case of a sitting President of the Executive Committee of a Constituency Association, if and when the person is removed from offi ce as President by the members of the Constituency Association.
4. A Member whose FPO membership 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 FPO membership.
- 47 - 5. VOTING
1. Only Members may vote on matters coming before a general meeting of the Association. Motions require a Simple Majority vote of persons present and voting to pass. In the event of a tie vote, the Chair shall cast the deciding vote.
2. All Members shall be entitled to vote on the election of Offi cers. All Members of the Association shall be qualifi ed to stand for election for Offi cers.
3. Voting on Offi cers shall be by secret vote.
4. Proxy voting within the Association is not permitted.
6. MEETINGS
1. Meetings of the Association shall be convened by the Executive Committee as required.
2. In each twelve (12) month period, the Association shall hold at least two (2) general meetings of its Members per year.
3. The Provincial Executive may call a meeting of the Association if it believes that it is necessary to do so, with notice consistent with this Constitution.
4. Notice of all meetings shall state the matters to be dealt with at the meetings. No matters shall be dealt with at a Provincial Executive initiated meeting until those stated in such request have been dealt with.
5. A quorum at meetings of the Association shall be seven (7) Members, including not less than two Offi cers, at least one of whom must be the Chair, the First Vice-chair, or the Second Vice-chair. Should a quorum not be present within one-half (1/2) hour of the time called for a meeting, that meeting shall be set over to the same time and place one (1) week later, if possible.
6. Meetings of the Association shall be held within (name of the Provincial Region) Region unless the Provincial Executive gives the Executive Committee of the Association permission to hold a given meeting elsewhere.
7. The Association shall in each calendar year, and no later than fourteen (14) months from the last Annual General Meeting, hold an Annual General Meeting at which the following business shall be conducted:
(a) report by the Executive Committee;
(b) presentation of fi nancial statements;
(c) election, where applicable, of Offi cers; and
(d) other business as required.
8. In the event of a provincial election or by-election falling within the allotted period, an Annual General Meeting may be postponed for up to ninety (90) days.
9. The Executive Committee shall formulate all rules, regulations and procedures to be followed at all meetings that are consistent with this Constitution.
- 48 - 7. OFFICERS AND EXECUTIVE COMMITTEE
1. The day to day affairs of the Association shall, subject to the provisions of the Constitution of the Freedom Party of Ontario, be managed and directed by an Executive Committee, which shall be comprised of the Chair, First Vice-Chair, Second Vice-Chair, Secretary, and Treasurer.
2. The Offi cers of the Association shall be elected each year by the Membership of the Association at the Annual General Meeting by means of the Alternative Vote system set out in Schedule “C” to the Constitution of the Freedom Party of Ontario.
3. The Offi cers of the Association shall be:
(a) a Chair who shall prepare the agenda and preside at all meetings of the Association and the Executive Committee, who shall be an ex-offi cio member of all committees formed by the Executive Committee, and who shall ensure that all communications sent to them by Provincial Offi ce that pertain to specifi c Offi cers shall be distributed within a timely matter;
(b) a First Vice-chair, who shall have such duties as the Chair shall assign, and who shall assume and perform the duties of the President in the absence of the President;
(c) a Second Vice-chair, who shall have such duties as the Chair shall assign, and who shall assume and perform the duties of the President in the absence of both the First Vice-chair and the President;
(d) a Secretary who shall have custody of all offi cial Association records, documents and all regulations of the Association, other than fi nancial, and who shall prepare and maintain minutes of meetings of the Association and of the Executive Committee, call meetings upon the direction of the Chair as laid out in this Constitution, and perform other secretarial duties as the Executive Committee may require; and
(e) a Treasurer who shall administer the fi nancial affairs of the Association and keep or cause to be kept all such books of account and fi nancial records as may be required to properly refl ect the fi nancial affairs of the Association.
4. An Offi cer of the Association may be removed from that position at a meeting of the Association called for that purpose on approval of two-thirds (2/3) of the Membership present and voting.
5. Upon ceasing to hold offi ce, Offi cers shall promptly deliver to their successors or to the Chair or Vice-chairs of the Association, all records, materials and property in their possession, which belong to the Association.
6. If an Offi cer ceases to hold offi ce, the Executive Committee may appoint a Member to fi ll the position for the unexpired term.
7. The Executive Committee shall meet at the call of the Chair or upon written request to the Secretary of at least three (3) other Executive Committee members, including at least one of the Chair or a Vice-chair.
8. A quorum of the Executive Committee is a majority of its members.
9. Meetings of the Executive Committee shall be held either in person or simultaneous telephone attendance or by a combination thereof.
10. All actions of the Executive Committee shall be recorded and the actions taken since the previous meeting of the Membership shall be presented for ratifi cation to the next meeting of the Membership.
- 49 - 8. PROVINCIAL COUNCILLOR SELECTION
1. Not less than 14 days before a Meeting in which the Members are to select a Provincial Councillor for (name of Provincial Region) Region, a Member seeking to be the Provincial Councillor for (name of Provincial Region) Region shall present to the Secretary of the Association’s Executive Committee a candidacy paper signed by not fewer than fi ve (5) Members. The candidacy paper shall be signed also by the Candidate, indicating acceptance of the candidacy, unequivocal agreement with and committment to the Founding Principle and Objectives of the FPO, and an unequivocal willingness to promote and support the Policies of the FPO. Every Candidate must be a Member.
2. The time for registering as a Candidate shall close at 5:00 p.m., fourteen (14) days prior to the date of the meeting at which the Provincial Councillor shall be selected by the Members of the Association.
3. At the meeting in which a Provincial Councillor is to be selected, a Returning Offi cer appointed by the Executive Committee, shall:
(a) supervise the voting and vote counting;
(b) declare and announce the winner; and
(c) after giving every Member the opportunity to view the ballots, destroy the ballots.
4. Before the vote is taken, each Candidate shall be required orally to provide to the Membership the Candidates responses to the following three questions:
“Do you unequivocally agree that every individual, in the peaceful pursuit of personal fulfi llment, has an absolute right to his or her own life, liberty and property?”
“Do you unequivocally agree that the purpose of government is to protect every individual’s rights of life, liberty and property?”
“Do you solemnly promise and affi rm that, if elected Provincial Councillor by this Association, you will support and promote the Founding Principle and Objectives of the Freedom Party of Ontario, and those Policies of the Freedom Party of Ontario that you reasonably believe are consistent with the party’s Founding Principle and Objectives?
5. Candidates who answer in the negative any of these three questions shall proceed no further as Candidates in the election, shall have their names struck from the ballot before voting occurs, and shall not be the Provincial Councillor for (name of Provincial Region) Region.
6. Before the vote is taken, but after the three questions set out in Article 8.4, each Candidate who is not precluded by Article 8.4 from being the Provincial Councillor for (name of Provincial Region) Region shall be given fi fteen (15) minutes to address the meeting, and shall do so. The time allotment may be used by the Candidate and/or the Candidate’s introducer as the Candidate may choose. The order in which the Candidates shall address the meeting will be determined by lots drawn by the Candidates.
7. The selection of a Provincial Councillor shall be carried out by means of the Single Transferable Voting system described in Schedule “C” to the Constitution of the Freedom Party of Ontario.
8. On the ballot, the Candidates shall be named in alphabetical order of their respective surnames.
9. In order to receive a ballot, a Member must establish current membership in the Freedom Party of Ontario, as well as further identifi cation as proof of ordinary residence in (name of province/ territory).
- 50 - 10. Ballots shall be marked in secret by eligible voters.
11. In the event that there is only one Candidate, that person shall be the Provincial Councillor, provided that each Member present and voting marks either “yes” or “no” opposite the name on the ballot and that no more than fi fty (50) percent of the eligible voters cast negative votes.
9. NOTICES
1. Notice of any meeting(s) of the Association, together with notice of dates, times and locations of meetings, and items to be dealt with thereat shall be given by, or under the direction of the Secretary to each Member of record by one (1) or more of the following methods:
(a) mailing a copy of such notice to the Member’s address of record;
(b) personally delivering a copy of such notice;
(c) mailing to the Member’s address of record a copy of an Association Newsletter which prominently displays such notice;
(d) oral communication to each Member; or
(e) appropriate telephonic and computer technology.
2. Notice of Meetings of the Association shall be given to all Members not fewer than fourteen (14) days and not more than forty fi ve (45) days prior to the day on which any such meeting is to be held.
10. REPORTING
1. Copies of the following shall be provided to Provincial Offi ce by each Presidents’ Association within thirty (30) days of the holding of an Annual General Meeting:
(a) the names of the Offi cers with their mailing addresses, telephone and facsimile numbers and e-mail addresses, any change in the Offi cers’ makeup or personal information to be forwarded in a timely fashion on an ongoing basis;
(b) the minutes of the Annual General Meeting; and
(c) the annual fi nancial report of the Association.
11. AMENDMENTS
1. This Presidents’ Association Constitution may be amended only in accordance with “Part XXIII: Constitutional Amendments” of the Constitution of the Freedom Party of Ontario.
12. FISCAL YEAR
1. The fi scal year of the Association shall be a maximum of a twelve (12) month period recommended by the Executive Committee and approved by the Members at a Meeting of the Association.
- 51 - 13. DUTY TO UPHOLD
1. It shall be the duty of the Executive Committee to uphold and enforce the provisions of this Constitution.
14. REGULATIONS AND BYLAWS
1. The Association may pass regulations and bylaws with respect to the operation of the Association so as to not confl ict with this Constitution or the Constitution of the Freedom Party of Ontario. Copies of such regulations and bylaws must be kept by the Secretary in the Association fi les and copies thereof shall be sent to Provincial Offi ce.
15. LIABILITY
1. When acting within the scope of their authority, no Offi cer of the Association shall be liable for any debts, actions, claims, demands, liabilities or commitments of any kind made by the Presidents’ Association. The Association shall indemnify and hold harmless each such Offi cer, against any such debt, action, claim, demand, liability or commitment.
- 52 - SCHEDULE C
Attached to and Forming Part of the Constitution of the Freedom Party of Ontario
SINGLE TRANSFERABLE VOTE PROCEDURE
1. Each voter is given a ballot listing the names of all candidates in alphabetical order according to their surnames, and providing a space beside each name in which the voter can write a number.
2. Each voter marks the digit 1 for his fi rst preference, 2 for his second preference, and so on indicating one or more preferences.
3. After voting concludes, the returning offi cer counts the fi rst preferences on all ballots and determines the quota required for election.
4. The quota required for election of a candidate (hereinafter referred to as the “Quota”) is one plus the total number of ballots cast divided by the number of vacancies plus one: i.e., 1 + (ballots / (vacancies+1)).
5. Any candidates ranked as the fi rst preference (hereinafter referred to as the “Candidate’s Ballots”) on a number of ballots meeting or exceeding the Quota shall be declared elected. The returning offi cer will then determine the surplus votes of such candidates. An elected candidate’s surplus votes (hereinafter referred to as “Surplus Votes”) is determined by subtracting the Quota from the number of the elected Candidate’s Ballots.
6. The returning offi cer will then determine the weight (hereinafter referred to as the “Weight”) of each elected Candidate’s Ballots. The Weight of an elected Candidate’s Ballots is equal to his Surplus Votes divided by the number of the Candidate’s Ballots.
7. The Weighted second preference listed on all of an elected Candidates’ Ballots shall then be distributed to the candidates who were not elected in step 5. For example, if the Weight of an elected Candidate’s Ballots is 0.1, then the second preference on each of the Candidate’s Ballot’s second preferences is equal to 0.1 votes.
8. Candidate’s Ballots that do not indicate a next available preference shall not be distributed to any candidate.
9. If another candidate is elected as a result of the distribution of the aforementioned Weighted next available preferences on elected Candidates’ Ballots, his own Surplus Votes shall be determined only after all prior Surplus Votes have been included in his vote total.
6. After all Weighted next available preferences from elected Candidates’ Ballots have been added to the vote total of the as yet unelected candidates, the unelected candidate with the lowest vote total shall be eliminated and his votes distributed among the other candidates according to the next available preference, each ballot being transferred with Weight at which that candidate received it. Ballots that do not indicate a next available preference shall not be distributed to any candidate.
7. If another candidate is elected as a result of the distribution of next available preferences, his own Surplus Votes shall be determined and distributed to remaining unelected candidates on the Weighted basis before any other candidates are eliminated.
8. If two candidates have the same, lowest vote count, the returning offi cer shall determine whether they had unequal numbers of votes at an earlier count and eliminate the one who was lower. If no such count exists the returning offi cer shall draw lots to determine which shall be eliminated fi rst.
- 53 - 9. The process of transferring surpluses of elected candidates and eliminating the lowest candidate shall continue until either the number of candidates having a quota is equal to the number of vacancies or until no further transfers are possible, at which time the positions shall be fi lled.
ALTERNATIVE VOTE SYSTEM
1. Each voter shall have one ballot and shall mark the digit 1 for his fi rst preference, 2 for his second choice, and so on indicating one or more preferences.
2. The returning offi cer shall count the fi rst preference votes and determine the quota (hereinafter referred to as the “Quota”) required for the election of a candidate, which Quota shall be equal to one plus the total number of ballots cast divided by two: i.e., 1+(ballots/2) .
3. Any candidate who exceeds the Quota shall be declared elected.
4. If no candidate has obtained the Quota, the candidate who was ranked as a fi rst preference on the fewest number of ballots shall be eliminated from the election process. Each ballot on which he was ranked as the fi rst preference shall be distributed among the other candidates according to the next available preference, if any, written on the ballots. Ballots that do not indicate such a preference shall not be distributed to any candidate.
5. If two candidates have the same, lowest vote count, the returning offi cer shall determine whether they had unequal numbers of votes at an earlier count and eliminate the one who was lower. If no such count exists he shall draw lots to determine which of the candidates is eliminated from the election process.
6. Steps 3, 4 and 5 are repeated until one candidate has a number of ballots equal to or in excess of the Quota.
- 54 - SCHEDULE D
Attached to and Forming Part of the Constitution of the Freedom Party of Ontario
PROVINCIAL REGIONS
WESTERN REGION (11 districts)
Chatham-Kent-Essex Elgin-Middlesex-London Essex Huron-Bruce London Fanshawe London North Centre London West Lambton-Kent-Middlesex Sarnia-Lambton Windsor-Tecumseh Windsor West
BRUCE REGION (10 districts)
Bruce-Grey-Owen Sound Cambridge Dufferin-Caledon Guelph Kitchener Centre Kitchener–Wilmot–Wellesley–Woolwich Kitchener Waterloo Oxford Perth-Wellington Simcoe-Grey Wellington-Halton Hills
- 55 - NORTH REGION (11 districts)
Algoma-Manitoulin Kenora-Rainy River Nickel Belt Nipissing Parry Sound-Muskoka Sault Ste. Marie Sudbury Thunder Bay-Atikokan Thunder Bay-Superior North Timiskaming-Cochrane Timmins-James Bay
NIAGARA REGION (10 districts)
Ancaster-Dundas-Flamborough-Westdale Brant Haldimand-Norfolk Hamilton Centre Hamilton East-Stoney Creek Hamilton Mountain Niagara Falls Niagara West-Glanbrook St. Catharines Welland
CENTRAL WEST REGION (11 districts)
Bramalea-Gore-Malton Brampton-Springdale Brampton West Burlington Halton Mississauga-Brampton South Mississauga East-Cooksville Mississauga-Erindale Mississauga South Mississauga-Streetsville Oakville
- 56 - YORK REGION (10 districts)
Barrie Markham-Unionville Newmarket-Aurora Oak Ridges-Markham Pickering-Scarborough East Richmond Hill Simcoe North Thornhill Vaughan York-Simcoe
TORONTO WEST REGION (11 districts)
Davenport Eglinton-Lawrence Etobicoke Centre Etobicoke-Lakeshore Etobicoke North Parkdale-High Park St. Paul’s Trinity-Spadina York Centre York South-Weston York West
TORONTO EAST REGION (11 districts)
Beaches-East York Don Valley East Don Valley West Scarborough-Agincourt Scarborough Centre Scarborough-Guildwood Scarborough-Rouge River Scarborough Southwest Toronto Centre Toronto-Danforth Willowdale
- 57 - CENTRAL EAST REGION (10 districts)
Ajax-Pickering Durham Haliburton-Kawartha Lakes-Brock Kingston & The Islands Lanark-Frontenac-Lennox and Addington Northumberland-Quinte West Oshawa Peterborough Prince Edward-Hastings Whitby-Oshawa
OTTAWA REGION (10 districts)
Carleton-Mississippi Mills Glengarry-Prescott-Russell Leeds-Grenville Nepean-Carleton Ottawa Centre Ottawa-Orléans Ottawa South Ottawa-Vanier Ottawa West-Nepean Stormont-Dundas-South Glengarry
- 58 - - 59 - - 60 - - 61 - - 62 -