Ontario Coalition of Aboriginal People (OCAP) By-laws
Ratified: 25 October 2008
Ontario Coalition of Aboriginal People
By-Laws
Name
Ontario Coalition
of Aboriginal People
1. Ontario Coalition of Aboriginal People is the only corporation that
is a recognized Provincial Affiliate of the Congress of Aboriginal
Peoples (CAP) in Ontario. The Ontario Coalition of Aboriginal
People is a Political voice of Métis, Status Métis, Non-Status
Indians and Status Indians living off first Nation territories in
Ontario. The Ontario Coalition of Aboriginal People shall be
composed of Aboriginal individuals interested in furthering the
objective, goals and aspirations of the Métis, Status Métis, NonStatus Indians and Status Indians living off reserves in Ontario.
OCAP
2. The Ontario Coalition of Aboriginal People shall be known by
the acronym OCAP.
Definitions
3.
3.1
3.2
3.3
3.4
“Act” means the Corporations Information Act
“OCAP” means the Ontario Coalition of Aboriginal People.
“Board” Means the OCAP Board of Governors
“Community” shall include by not limited to the following;
Métis local, Métis community councils, Aboriginal local,
Aboriginal Council, Aboriginal nonprofit corporation, OCAP
territories, OCAP Incorporated territories, OCAP Incorporated
councils, Aboriginal Clans, Aboriginal families Incorporated
not for profit organizations , Métis Settlements, Aboriginal
Settlements, and any other Aboriginal community recognized
the OCAP Board of Governors’
“OCAP Protocol Agreement” A legal contract between the
OCAP and a community that gives a mandate to the OCAP
and states the relationship, voting rights and representation
rights for a community.
Ontario Coalition of Aboriginal People
P.O.Box 250
6 Atlantic Street, Bruce Mines Ontario
POR-1C0
1
Ontario Coalition of Aboriginal People (OCAP) By-laws
Ratified: 25 October 2008
Membership
4.
There are three types of membership in the OCAP 1) Individual
membership 2) Aboriginal Community membership and 3)
Corporate membership when an Aboriginal Community is
incorporated.
4.1 Individual membership is a voting member age of 16 and over.
Who has gone through the OCAP registry process.
4.2 Individual members of the OCAP shall be full members.
4.3 Aboriginal membership in OCAP shall be individuals interested in
furthering the objects of the OCAP and who are Métis, Status
Métis, Non-Status Indians and Status Indians living off reserve.
4.4 A person is entitled to be an Aboriginal member who
a)
Provides sufficient documentation that he or she is an
Aboriginal member as approved by the registry process of
the OCAP.
Aboriginal Community
5.
Community membership and corporate membership shall be
limited to entities that have been granted recognition as
communities that represent Aboriginal citizenship specific to
that communities Aboriginal Manifesto. The Aboriginal
Community members may have their own membership
definition and membership, but to participate in OCAP voting
and holding OCAP positions individuals must have an OCAP
membership (dual membership). The Aboriginal Community
must follow the OCAP election code to choose their OCAP
Board of Governor. The Aboriginal Community may be
Family Clans including, Incorporated Clans, Incorporated
Aboriginal for profit Entities and Aboriginal not-for profit
Entities. The rights of the Aboriginal Community entities in
OCAP including voting will be negotiated with each
individual Aboriginal community and formulized in a
contract. The contract will be negotiated by the OCAP
Executive and ratified by the OCAP Board of Governors.
6.
Fees or dues upon obtaining Aboriginal membership or
Aboriginal Community status shall be at the direction of the
OCAP board of Governors.
7.
The rights of participation in the affairs of the OCAP may be
limited by the OCAP board of Governors pursuant to these bylaws
8.
The head office of the OCAP is 6 Atlantic Street, Bruce Mines
Ontario P.O.Box 250, and P0R1C0.
Fees
Rights may be limited
Head office
Ontario Coalition of Aboriginal People
P.O.Box 250
6 Atlantic Street, Bruce Mines Ontario
POR-1C0
2
Ontario Coalition of Aboriginal People (OCAP) By-laws
Ratified: 25 October 2008
OCAP Board of Governors
9.
The OCAP shall take its direction from and shall report to the
OCAP general meeting. The property and business of the
OCAP shall be managed by a Board of Governors made up of
elected Aboriginal citizens and appointed Aboriginal citizens
from Ontario Aboriginal Communities. The OCAP Board of
Governors shall be made up of up to 11 Aboriginal citizens.
The OCAP Board of Governors shall consist of a President,
Vice- Chief, Chair, Treasurer, Youth Advisor, and six elected
Aboriginal citizen from Ontario. The Executive will decide
and advise who will be a voting member at CAP Assemblies if
limited to less than all OCAP Board of Governors.
10.1
The primary goal of OCAP is to create a Political voice with
the Congress of Aboriginal Peoples and with the Ontario
Government and Federal Government for the OCAP broad
constituency. This goal also includes organizing the
Aboriginal off First Nations communities in Ontario.
10.2
The secondary goal of OCAP is to implement as many of the
programs denied our people in Ontario, in the area of health
care, employment training and post secondary education,
affordable housing, and legal services in areas of criminal
justice, poverty issue advocacy, Aboriginal rights and mental
health services. OCAP will emphasize creating a trained
competent public sector in service delivery capacity
specifically to the Métis, Non Status, and stand alone
Aboriginal persons living off First Nations Territories in
Ontario. Sending our people to other Aboriginal service
providers has not worked in the past and is a stop gap measure
we are against because of its long-term negative impact on our
communities’ capacity to provide for its people.
10.3
A further goal is to create and manage a consultation process
to inform our diverse community across Ontario about what is
occurring and how to access programs and services while
gaining feedback on issues, and identify and remove barriers.
10.4
As a priority OCAP will specifically champion the issues of
women and youth; violence against women and youth,
improved women and youth employment training and access
to improved women and youth access to post secondary
education in our communities.
Goals of OCAP
Ontario Coalition of Aboriginal People
P.O.Box 250
6 Atlantic Street, Bruce Mines Ontario
POR-1C0
3
Ontario Coalition of Aboriginal People (OCAP) By-laws
Ratified: 25 October 2008
OCAP
And Borrowing
11.
11.1
The OCAP Executive has the authority and responsibility for
management of the day-to-day affairs of the OCAP.
The OCAP Board of Governors may from time to time
Borrow money on the credit of the Corporation; or
(a)
Issue, sell or pledge securities of the Corporation; or
(b)
Charge, mortgage, hypothecate or pledge all or any of the real
or personal property of the corporation, including book debts,
right, powers, franchises and undertakings, to secure any
securities or any money borrowed, or other debt or any other
obligation or liability of the Corporation.
(c)
The OCAP Board of Governors may authorize any director or
employee of the Corporation or any other person to make
arrangements with reference to the moneys borrowed or to be
borrowed as aforesaid and as to the terms and conditions of
the loan thereof, and as to the securities to be given thereof,
with power to vary or modify such arrangements, terms and
conditions and to give such additional securities for any
moneys borrowed or remaining due by the Corporation as the
Board of Governors may authorize, and generally to manage,
transact and settle the borrowing of money by the
Corporation..
Composition
of OCAP Board
Governors
12.
The composition of the OCAP Board of Governors is;
12.1
12.2
12.3
12.4
12.5
12.6
President
Vice Chief
Chair
Treasurer
Youth Advisor
Six Governors elected from Ontario
13.
Between elections at the OCAP Election Assembly vacancy
may be filled by being appointed to the OCAP Board of
Governors. Vacancies can be filled by nomination by an
OCAP Board of Governor and a majority vote of the OCAP
Board of Governors. Removal from the OCAP Board of
Governors other than the Executive members is by motion and
a majority vote of the OCAP Board of Governors. A Board
member may resign in writing given to the Chair upon
ratification by the Board of Governors becomes effective.
Membership on
OCAP Board of Governors
Ontario Coalition of Aboriginal People
P.O.Box 250
6 Atlantic Street, Bruce Mines Ontario
POR-1C0
4
Ontario Coalition of Aboriginal People (OCAP) By-laws
Ratified: 25 October 2008
OCAP Founding meeting
Election process
14.
The OCAP Board of Governors shall work towards a founding
meeting of OCAP with delegates from communities in
Ontario. The founding meeting of OCAP will have the
authority to create and ratify the Manifesto of OCAP and bylaws. The process of selection of an Executive and Board of
Governors will be discussed and ratified at the founding
meeting; the selection process will be for a period of 4 years
from the founding meeting.
14.1
The OCAP Board of Governors will create a ballot box
election process for elections in 2012-13 that will incorporate
regional representation and every OCAP member having the
right to vote.
14.2
The management of OCAP will be turned over immediately
after the founding meeting to the OCAP Executive and OCAP
Board of Governors as selected by the process established at
the founding meeting.
15.
The OCAP annual assembly shall take place annually and
shall be held at any place in Ontario, the OCAP board of
Governors may determine, and on such days the business of
the OCAP shall be conducted. The OCAP Annual Assembly is
the forum where OCAP members set the goals, priorities and
policy of the OCAP. The resolutions of the OCAP assembly
give direction to the OCAP Board of Governors and must be
spoken to the next OCAP Annual Assembly. The OCAP
Annual Assembly is the forum that has the authority to create
and amend by-laws of the OCAP, and gives a mandate to the
OCAP Executive and OCAP Board of Governors. The OCAP
annual assembly is the last appeal for all issued regarding
OCAP.
16.
The OCAP Board of Governors shall have the power to enter
into contracts which the OCAP may lawfully enter into and
may exercise all such other powers and do all such other acts
and things as otherwise by law authorized to exercise and do.
The OCAP Board of Governors is authorized to open a bank
account and issue cheques and enter into loans, and lines of
credit, and use credit cards.
Legal Powers
Ontario Coalition of Aboriginal People
P.O.Box 250
6 Atlantic Street, Bruce Mines Ontario
POR-1C0
5
Ontario Coalition of Aboriginal People (OCAP) By-laws
Duties of the OCAP
Executive officers –
President & Vice Chief
& Chair & Treasurer
Ratified: 25 October 2008
17.
The OCAP Executive is made up of the OCAP President,
OCAP Vice Chief, OCAP Chair and OCAP Treasurer.
17.1
OCAP Executive shall have the day-to-day management and
administration of the OCAP. The Executive officers shall
report to, advise and take direction from the OCAP Board of
Governors.
17.2
The ongoing and serious actions or omission by Executive
officers may be grounds for removal from office by a three
quarter vote of the OCAP Board of Governors at a duly called
meeting, by phone, or by mail or e-mail polling. The ongoing
and serious actions or omission alleged must be in writing by
an OCAP board of Governor and witnessed by a second
OCAP board of Governor. The following OCAP Assembly
can hear the appeal if asked for by the removed Executive
member.
18
The OCAP President shall be the chief executive officer of the
OCAP and Chief Spokesperson.
18.1
The OCAP President shall represent the OCAP to the
Congress of Aboriginal Peoples.
18.2
The OCAP President shall have the general and active
management of the affairs of the OCAP.
Duties of the OCAP President
18.3
The OCAP President shall have the authority to sign and enter
into contracts on behalf of the OCAP up to $5000, then he or
she must have a second Executive member sign the contract.
18.4
The OCAP President shall perform such other duties as may
be prescribed by the OCAP Board of Governors or the OCAP
Executive, and OCAP Annual Assembly.
19.
The OCAP Vice-Chief may take on the duties of the OCAP
President when the President is not able, and will become the
OCAP President if the OCAP President dies, or is
permanently unable to function or is removed from office, this
appointment will be in effect until the next duly scheduled
election date. The Vice-Chief may take on the duties of the
Chair if the Chair is unable to perform those duties. The ViceChief is an executive member and is responsible to assist with
the Chairing of meetings or OCAP Board of Governors,
General Meetings and community meetings.
19.1
The OCAP Vice Chief shall perform such other duties as may
be prescribed by the OCAP Board of Governors or the OCAP
Executive.
Duties of
OCAP Vice- Chief
Ontario Coalition of Aboriginal People
P.O.Box 250
6 Atlantic Street, Bruce Mines Ontario
POR-1C0
6
Ontario Coalition of Aboriginal People (OCAP) By-laws
Ratified: 25 October 2008
Duties of the
OCAP Chair
20.
The OCAP Chair shall preside at meetings of the OCAP
Board of Governors, General meetings and special meetings.
The Chair may not vote when acting as Chair of a meeting, the
Chair may vote to break any tie.
20.1
The OCAP Chair shall see that all orders and resolutions of
the OCAP Board of Governors and General meetings are
carried into effect.
20.2
The OCAP Chair is responsible for the creation of the Agenda
at OCAP Board of Governor meetings and OCAP Assemblies.
20.3
The OCAP Chair shall be the custodian of the OCAP seal and
minutes and all incorporation documents, plus when necessary
report changes on the OCAP Board of Governors regarding
incorporation.
20.4
The OCAP Chair shall be responsible to establish a mailing
address and forward mail and information to all OCAP Board
of Governors as soon as possible and may use e-mail or secure
web site for this purpose.
20.5
The OCAP Chair is responsible to give or cause to be given
notice of all meetings of the OCAP and shall attend all
meetings and ensure that all votes and minutes of the entire
proceeding are responsibly kept in the books of the OCAP.
The OCAP Chair shall perform such other duties as may be
prescribed by the OCAP Board of Governors or the OCAP
Executive.
Ontario Coalition of Aboriginal People
P.O.Box 250
6 Atlantic Street, Bruce Mines Ontario
POR-1C0
7
Ontario Coalition of Aboriginal People (OCAP) By-laws
Ratified: 25 October 2008
Duties of the OCAP Treasurer
21.
The OCAP Treasurer shall have responsibility to ensure the
custody of the funds and securities of the OCAP and is
responsible to ensure that full and accurate accounts are kept
of all assets, liabilities, receipts and disbursements of the
OCAP in the books belonging to the OCAP.
21.1
The OCAP Treasurer shall present financial statements at
every OCAP Board meeting for review and discussion.
21.2
The OCAP Treasurer shall present Audited financial
statements at every OCAP Annual Assembly.
21.3
The OCAP Treasurer shall present a budget at the beginning
of each fiscal year for review by the OCAP Board of
Governors. The OCAP Treasurer shall have the
responsibilities to ensure the proper deposit of the money’s
securities and other valuable effects in the name and to the
credit of the OCAP in such Chartered bank or in trust
company, or in the case of securities in such registered dealer
in securities as may be designed by the OCAP Board of
Governors. He or she is authorized to disbursement of the
funds of the OCAP following the established OCAP financial
policies as authorized from time to time.
21.4
The OCAP Treasurer shall carry out the affairs of the OCAP
under the supervision of the OCAP Executive
21.5
The OCAP Treasurer shall perform such other duties as may
be prescribed by the OCAP Board of Governors or the OCAP
Executive.
22.
The Elder or Métis Senator is appointed at OCAP Annual
Assemblies and the term if for 5 years. This appointment is in
recognition of knowledge, community contribution,
leadership, and acts of empowerment on behalf of the OCAP
community.
22.1
The Elder or Métis Senator is an ex-officio member of the
OCAP board of Governors but does not have a vote.
22.2
The Elder or Métis Senator may speak to the long-term goals
and to help keep these goals in mind when decisions are made.
22.3
It is also the duty of the Elder or Métis Senator to speak to
areas of respect, justice and honor drawing on their years of
experience, human understanding and wisdom.
22.4
The Elder or Métis Senator is responsible for ceremonial
functions, and dispute resolution.
22.5
Elders or Métis Senators can make motions, second motions
and resolutions, and speak during debates
Duties, Responsibilities
And Authority Elder or
Métis Senator
Ontario Coalition of Aboriginal People
P.O.Box 250
6 Atlantic Street, Bruce Mines Ontario
POR-1C0
8
Ontario Coalition of Aboriginal People (OCAP) By-laws
OCAP Youth Advisor
Ratified: 25 October 2008
23.
The OCAP Youth Advisor is an OCAP Board of Governor,
and speaks to Youth issues. The Youth Advisor should
examine all OCAP discussions and decisions on how those
decisions impact the youth. The OCAP Youth Advisor would
also sit on the Congress of Aboriginal Peoples youth body. A
Youth Advisor must be between 18 to 29 years of age.
24.
The duties of all members of the OCAP Board of Governors
shall be to follow the policies and by-laws of OCAP. The
OCAP Board of Governors shall ensure that OCAP practices
fiscally sound management and balance its budgets of the
OCAP. The OCAP Board of Governors shall have unlimited
and timely access to all documents requested except personal
employee information. These documents and their access shall
be governor by the OCAP confidentiality policy.
24.1
The OCAP Board of Governors will organize the off reserve
Aboriginal peoples in their respective communities, champion
the issues of the OCAP members; represent the OCAP
members to the best of their ability.
25.
Contracts, documents, or any instruments in writing requiring
the signature of the OCAP, shall be signed by the OCAP
President up to $5000, if over $5000 a second signature is
required; of the OCAP Vice Chief, or OCAP Chair or OCAP
Treasurer. All OCAP cheques require two OCAP Executive
signatures, and one shall be the OCAP treasurer.
26.
Meetings of the OCAP Board of Governors may be held at
any time and place to be determined by the Chair provided
that 24 hours written notice of such meeting is given, other
than by mail, to each OCAP Board of Governor. Notice by
mail shall be sent at least 15 days prior to the meeting. No
error or omission in giving notice of any meeting of the OCAP
Board of Governors shall invalidate such meeting or make
void any proceedings taken thereat and any OCAP Board of
Governors may at any time waive notice of any such meeting
and may ratify, approve and confirm any or all proceedings
taken of thereat.
26.1
Each voting OCAP Board of Governors participating in the
meeting is authorized to one vote; the Youth Advisor must be
18 and older because of legal requirements to be able to sign a
contract if necessary.
26.2
The OCAP Board of Governors must hold 4 meetings
annually, preferably in person but may be by telephone
conference call if not financially feasible.
Duties of
OCAP Board of Governors
Execution of Documents
Meetings of the
OCAP
Ontario Coalition of Aboriginal People
P.O.Box 250
6 Atlantic Street, Bruce Mines Ontario
POR-1C0
9
Ontario Coalition of Aboriginal People (OCAP) By-laws
Ratified: 25 October 2008
26.3
The OCAP Board of Governors can call a special meeting by
having a majority of Board of Governors signatures on a
request sent to the OCAP Chair. This request cannot be
waived and must be accommodated.
26.4
The OCAP Board of Governors must hold a yearly meeting in
person and this shall be deemed to be the OCAP Annual
Assembly. This meeting may be expanded to include
Community delegates or called a Special Assembly but would
satisfy the by-laws as an OCAP Annual Assembly. The
OCAP Board of Governors has the sole authority to set the
size and make-up of the OCAP Annual Assembly for the
purposes of making sure there is no deficit for the OCAP.
27.
The OCAP Chair may call a meeting of OCAP Board of
Governors by e-mail notice if sent 3 clear days in advance.
Notice is not required if two thirds of all OCAP Board of
Governors consent to waiving notice. A phone conference
call meeting is recognized as being a duly called meeting and
participating in such a meeting by such means is deemed to be
present at the meeting.
27.1
The voice recording of meeting must be announced and is
only allowed if ½ present agree to the voice recording being
made. All in camera issues are not to be voice recorded or
video.
28.
Six members shall constitute a quorum of the OCAP Board of
Governors.
29.
OCAP Board of Governors may pass resolution in writing
and such resolution is as valid as if it had been passed at
meeting of the OCAP Board of Governors. Such resolution
must be drafted by the Chair and a poll made of each member
of the OCAP Board of Governors and a quorum and in order
to pass, must have the approval of the requisite number of
OCAP Board of Governors whose approval would be required
to pass that resolution at a meeting of the OCAP Board of
Governors. This poll may be by-e-mail, web-site secure
access, phone and mail
Phone meetings
And E-mail notice
Quorum OCAP
Board of Governors
Resolution in writing
Compensation for
OCAP Board of Governors
30.
An OCAP Board of Governor may be remunerated or paid
expenses incurred by him or her in the performance of his or
her duties as funding allows, and approved by the OCAP
financial policy.
30.1
An OCAP Board of Governor may provide services to OCAP
under a term contract for services, this also include Executive
members.
Ontario Coalition of Aboriginal People
P.O.Box 250
6 Atlantic Street, Bruce Mines Ontario
POR-1C0
10
Ontario Coalition of Aboriginal People (OCAP) By-laws
Ratified: 25 October 2008
OCAP Board of Governor
shall not be an
Employee of the OCAP
31.
An OCAP Board of Governor must step down if he or she
becomes an employee of the Corporation. This does not
include a contract, remunerated or paid a per-diem for duties
as a member of the OCAP Board of Governor as this does not
constitute being an employee.
32.
The by-laws of the OCAP may be repealed or amended by
resolutions passed by a majority of OCAP Board of Governors
at a meeting of the OCAP Board of Governors, or by
resolution in writing pursuant to paragraph 26 of these bylaws, and subsequently confirmed by an affirmative vote of at
least majority of the eligible voters registered at the OCAP
founding meeting or OCAP Annual meetings.
33.
The fiscal year end of the OCAP shall be March 31 st. The
OCAP shall operate on a balanced budget basis and shall
provide quarterly financial statements and quarterly budget
projections.
Amendment of By-Laws
Financial Year
and Accountability
Finance Committee
34.
The OCAP finance committee is composed of the Chair, who
is the Chair of the Finance Committee, the Treasurer, a
member in good standing with a background in accounting,
and the President and Vice-Chief. The finance committee will
develop financial policy and present to the OCAP Board of
Governors as needed. The financial committee will review the
books from time to time to ensure proper financial
accountability, and proper management practices are
occurring.
.
Auditors
35.
The OCAP Board of Governors shall appoint an auditor to
audit the accounts of the OCAP for report to the founding
meeting and Annual Meetings. The auditor shall hold office
until the founding meeting and members may fill any casual
vacancy in the officer of the auditor. The remuneration the
auditor shall be fixed by the OCAP Board of Governors.
36.
In these by-laws and in all other by-laws of the Corporation
hereafter passed unless in the context otherwise requires,
words importing the singular number or the masculine gender
shall include the plural number or the feminine gender, as the
case may be, and vice versa, and references to persons shall I
include firms and corporations.
37.
The seal, an impression whereof is stamped in the margin
hereof, shall be the corporate seal of the OCAP Corporation
Gender plural
Seal of OCAP
Ontario Coalition of Aboriginal People
P.O.Box 250
6 Atlantic Street, Bruce Mines Ontario
POR-1C0
11
Ontario Coalition of Aboriginal People (OCAP) By-laws
Ratified: 25 October 2008
Code of Ethics
And Standards
38.
38.1
38.2
38.3
38.4
38.5
38.6
38.7
38.8
38.9
All Board of Governors will endeavor to conduct them selves
in an honest and forthright manner which recognizes the
cultural diversity of each constituent of OCAP and other
member of the Board.
Provide honest and trusting leadership on all the pressing
issues facing the constituents of OCAP.
Work towards consensus building in the development and
strengthening the OCAP
Work towards staff contracts being Aboriginal persons or
Aboriginal businesses.
.
Will not engage in false or misleading gossip that could affect
the overall organization goals and objectives.
Treat fellow board members, staff and members with honesty,
integrity, courtesy and respect.
Respect the privacy of others when in a position of trust not to
share personal information with others as per the
confidentiality policy
Must declare a conflict of Interest when issues before the
board affect family members, or can gain financially for the
discussion or decision made. This excludes any issue of
remuneration in per-diems for the board.
When a conflict of interest is declared the board member must
remove himself or herself from the room, conversation or
discussion. The board may make direct questions to the board
member to clarify if indeed a conflict exists.
The board shall have the power to discipline or terminate a
member for failure to comply with the bylaws of OCAP.
Passed by the OCAP founding assembly and sealed with the corporate seal this day of 25stOctober 2008
(Corporate Seal)
__________________________________
OCAP President
____________________________________
OCAP Vice Chief
Ontario Coalition of Aboriginal People
P.O.Box 250
6 Atlantic Street, Bruce Mines Ontario
POR-1C0
12