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Thread: 8. POLICY DISCUSSION - Canada Revenue Agency NFP (Not For Profit Regulations)

  1. #51
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    Quote Originally Posted by Christopher Field View Post
    How many governors do we have?
    I note that 24 voted on the two motions presented at the January meeting, of which one passed and one failed.
    Is this a quorum?
    How can we be sure that sufficient governors will participate in a special meeting?
    Quorum is 15 governors. If we can't get that many we would really have to rethink what we are doing.

  2. #52

    Default The Important Role of Deadwood CFC Governors: NONE!!

    Quote Originally Posted by Christopher Field View Post
    How many governors do we have?
    I note that 24 voted on the two motions presented at the January meeting, of which one passed and one failed.
    Is this a quorum?
    How can we be sure that sufficient governors will participate in a special meeting?
    Hi Chris:

    The only issue is quorum.

    We active governors cannot force deadwood governors (shows the problems with some provincial affiliates) to do the job they made a commitment to do. The active governors are the important ones and they are competent to decide.

    Of course, governors don't attend for many reasons. That is why, when I was posting secretary in these meetings, I use to send out daily or every 2 or 3 days, e-mail updates to ALL governors. The point was to alert the deadwood to wake up!

    Bob

  3. #53
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    Quote Originally Posted by Bob Armstrong View Post
    I'd just like to congratulate Vlad on his shepherding of this complicated file for us governors - you seem to have a good grasp on it, and I think the governors have a high trust in you, and the committee on this.

    Thanks.

    Bob A
    Thank you for the vote of confidence. We still have some work ahead of us but I am optimistic that we will get this done at which point we will be able to move on to new challenges like becoming a sporting federation.

  4. #54
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    I am sorry for being AWOL last night. I have been fighting a muscle strain and/or a possible pinched nerve that has been causing a great deal of pain and consequent disruption of my sleep patterns. It has also made it difficult to type at times. Of course this also has negatively impacted my blood sugar readings. Last night, after returning from lessons, I took some over the counter pain reliever (Tylenol for back and muscle ache) contrary to doctor's orders (because of effects on blood pressure of such meds) and slept. This morning my blood sugar was normal and the best reading I have had in some weeks and the pain is at least for now greatly reduced.

    John Coleman has suffered a fall on the ice and broken his hip (a clean break fortunately if you can use that word about this set of circumstances) and will be in a hospital bed for the next several weeks. I am going to have to pick up some of the slack for him and direct the practice tournaments that he set up leading up to the Windsor Chess Challenge at the end of February. John is hoping that he will be able to attend the Chess Challenge in a wheel chair.

    I would like the governors who have a specific concern to post them here ASAP. If possible I will address it here now or at least make sure they are addressed in the February meeting. The special February meeting will deal only with matters NFP and at the end we should have what we need to proceed with the application for continuation of the CFC into the new act (ie articles, bylaws approved by a two thirds margin of the governors). At the end of this process, once the government gives us the certificate of continuance into the new act the governors will become class A voting members and the CFC members will become class B non-voting members. Until then we will continue to be governed under the old act.

    I will wind up this meeting and present my closing remarks in the next day or two unless it gets lively again. Please watch the governors forum as I will be posting there and answering any questions in the interim.

  5. #55

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    Please look after your health, Vlad.

  6. #56
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    Quote Originally Posted by Ken Craft View Post
    Please look after your health, Vlad.
    I have been doing my best. The major snowfalls of the last week or so put a crimp in things though that may be offset by the exercise shovelling snow. Once the weather gets nicer I will probably do a better job of taking care of myself by getting the required exercise. John Coleman's experience has shown how this is not always the best practice this time of year. I will probably visit him tonight if I can figure out the visiting hours at the hospital that currently is his temporary prison...

  7. #57
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    Default Model bylaws are useless

    Pierre Dénommée has sent me the following message. I have deleted the Wavepoint Consulting URL for model bylaws which doesn't appear to work anymore. I agree that we will have to individually vote on each of the optional bylaws though there are some required bylaws which will be lumped together since by definition they are required by the government. I will also group noncontroversial measures together for voting to speed up the process.

    For the optional bylaws the sequence will be to present the recommended options. If there is enough support we will vote on accepting them. Some of the options can be accepted by a simple majority vote but I think it would be better if we can achieve a two thirds majority in each case. I hope the governors are ready for a significant number of votes as there may be as many as twenty or more of them.

    In the case of the non-voting members it will be necessary to insert the clauses which explicitly say that the non-voting members are not entitled to vote in instances of circumstances materially changing their membership. The provisions for obtaining addresses and contact information of members are in conjunction with an effort to notify or influence the voting members so I think the nonvoting members are relatively safe from those disclosure requirements. That is my interpretation at least and subject to change if someone points me to a regulation that would change my interpretation.

    With respect to some of the other points, they will have to be addressed in the committee and in the coming month by the governors. Our implementation will probably not be perfect but it will get us past the October 17th deadline and allow us to continue as an organization. I remind everyone of the proverb:

    The perfect is the enemy of the good.

    If we wait until our implementation of the transition is perfect I am certain that we will miss the October 17th deadline. If we follow the more realistic path of aiming for a good implementation that will pass the government's scrutiny we will be able to later strive for perfection. Most changes that involve modification of bylaws do not appear to have a cost attached.

    Quote Originally Posted by Pierre Dénommée
    I have just gotten the model bylaws.

    Model bylaws are basically useless. For every optional bylaws provisions we must decide which option his to be taken.

    The relationship with our affiliates will probably be problematic. This has been left so fuzzy that when wrongdoing has been made with a Trillium Grant, it was unclear who was responsible for the disciplinary action against the perpetrator. The situation when there is no affiliate cannot remain as it is, that cannot be delayed. There are multiple issues, such as autonomy of Provincial Associations, Appeal of Sanctions against players and members to the CFC, punishment for failure of the Provincial Affiliates to participate in the CFC National programs (not organising the qualifiers) (this will cause a lot of problem).

    Furthermore, there is still no discussion on the need of the players to be recognised as member of the CFC. Chess players vote at the Provincial level for the CFC Voting Members, this requires them to be a member of the Provincial Association but they do not need to be a CFC member. Many NSO in Canada have only 13 real members: the Provincial Associations. Many attorneys consider that membership give the players too much right under the new Act because non-voting members vote on some fundamentals changes. Confidentiality of the members' personal information is another issue because any member has access to the personal information of all other members.

    We should stop bevelling that it will be as it was before, it won't. Under the current Act, all bylaw changes must be given to the Federal Government for approval. Nobody has ever answered my question about this requirement. I can only assume that not all changes have been submitted and that our first step in the transition process is to ask the Government for a copy of our current Constitution. If we can't agree and the case goes to court, as it should, the judge will use the bylaw that have been filed to the Government as the basis.

    The previous Committee recommendations has been rejected because it give too much power to the Board of Directors, something that has not been addressed in those discussions.
    My reading of the previous Committee recommendations is that they largely followed the default regulations under the new act. Our discussions have focused on modifications to those rules which attempt to make the post new NFP CFC largely operate in the same way that the current governors are comfortable with while still remaining compliant.
    Last edited by Vladimir Drkulec; 01-14-2014 at 07:38 PM.

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