TMCC – Constitution and By Law

TORONTO MISSISSAUGA CRICKET CLUB

CONSTITUTION and BY LAW No. 1

INTERPRETATION

In this document, unless the context otherwise requires:

(a) words importing the singular number of the masculine gender include the plural number or the feminine gender, as the case may be, and vice versa, and references to persons include partnerships, corporations, and other legal entities;

(b) “AGM” – means the Annual General Meeting of the members of the organization;

(d) “Director” means a member of the Board;

(e) “ONCA” means the Ontario Not for Profit Corporations Act, (as amended from time to time);

(f) “GTA” means the Greater Toronto Area;

ARTICLE 1 – ORGANIZATION

1.1 Name

The name of the organization shall be Toronto Mississauga Cricket Club (Hereinafter referred to as “TMCC”).

1.2 Policy

TMCC shall operate in compliance to law of the land.

TMCC shall abide by the Ontario Human Rights Code and shall be non-political, non-sectarian, and non-racial.

1.3 Purpose and Mission Statement

TMCC shall be not for Profit Charitable Organization providing recreational activities that promote a rich, vibrant, and stimulating atmosphere, centered to promote Cricket and Yoga among youth and adults in Greater Toronto Area.

TMCC shall put an endeavor to improve health and encourage the members to be active and socialize regularly through the sport of cricket in Greater Toronto Area.

TMCC shall organize all games / tournaments /sessions at the highest possible level which will give a great experience to the players participating in Greater Toronto Area.

ARTICLE 2 – CLASSES OF MEMBERSHIP

2.1 General Members

Regular membership shall be open to all persons, irrespective of caste, culture or color.

2.2 Membership Dues & Fees

The General Members will consent and provide their first name and last name, postal code of their residence, age and contact information and maintain their membership by an annual payment as agreed to at the Annual General Meeting for each ensuing year.
Membership fees are set by the Executive and ratified by membership at AGM.
Fees for specific activities and events shall be set by the Executive and documented.

2.3 Founder Members

Founder Members will be referred to herein as “Governing Members”.
Governing members are appointed for life unless they resign voluntarily.
If any vacancy occurs throughout the year, the position will be filled by nomination by Governing members at a Board meeting until a qualified resolution can be passed by the governing members at the next AGM when a Board election takes place.
Governing members will oversee and monitor the activity of the Board.
Governing members will have the right to dissolve the Board appropriately.
Governing members meeting must meet quorum. A quorum for a meeting shall be 50% of the governing members.
Governing members shall have the voting right at an AGM.
Governing members may hold a position on the Board.

2.4 Cricket Clubs Membership

Each (cricket season) year cricket clubs apply for the membership.
Cricket Clubs have to provide list of their players on a prescribed form. First name and last name, postal code of their residence, age and contact information and maintain their membership by an annual payment as agreed to at the Annual General Meeting for each ensuing year.
Membership fees are set by the Executive and ratified by membership at AGM.
Fees for specific activities and events shall be set by the Executive and documented in the meeting minutes.
Each cricket club with good standing will have 2 (two) voting rights at an AGM.

ARTICLE 3 – BOARD MEMBERS

3.1 Positions

TMCC Board Members shall constitute the Executive Committee for the purpose of managing the affairs of TMCC and referred to herein as the “Executive’.

The executive shall consist of a minimum of 5 Board Members.

Board members positions:

President
Vice President
Treasurer
Secretary
Public Relations Director

3.2 Term of Office

At the initial AGM, 5 Board Members will be elected to serve for 2 years.
Each Board Member is eligible for consecutive terms if no one else is nominated.
Each additional term is at the discretion of the executive.
Should vacancies arise within a term, the position may remain vacant until the next AGM or the Executive may appoint a member to fill the position until the end of the term.

3.3 Duties of Board Members

Vote at AGM
Perform duties specific to their role to the best of their ability
Show due diligence
Helping members to maintain discipline and sportsperson spirit.
Sound decision making
Demonstrate leadership to appointed committees.
Keeping members informed
Understand and support the goals of TMCC.
Attend meetings with regularity and punctuality.
Raise any concerns that have been brought which they have observed or have been brought to their attention by a member.

3.4 Board Members’ Functions

The President shall preside at all meetings of TMCC. He/she shall exercise a general supervision over all the affairs of the organization and perform such other duties as may be assigned to him/her by the Board of Governors. In his/her absence or inability to act, the Vice-President shall perform his/her duties. In their absence on inability to act, a chairman may be elected by vote of those present at each meeting.

The Treasurer shall keep an accurate record of all monies received and disbursed, and report on same as directed by the Board of Governors. He/she shall prepare each year a detailed statement of receipts and expenditures during the preceding year and present it at the Annual General Meeting. The Treasurer shall ensure that all constitution-by-laws relating to the ‘Articles of Incorporation’ of TMCC are properly completed and filed annually with the appropriate government authorities. He/she shall also be responsible for the safe keeping of such constitution-by-laws of TMCC.

c. The Secretary shall keep an accurate record of the proceedings of all meetings of TMCC. He/She shall direct and keep a proper file of such notification of meeting as may be required by the Constitution and By-Laws. He/she shall receive all communication and conduct all correspondence, retaining copies of each in proper manner. He/She shall prepare Annual Reports and perform such other duties as directed by the Board of Governors.

d. The Public Relations Director shall be responsible for coordinating all the activities and events of TMCC and builds mutually beneficial relationships between TMCC and the members.

3.5 Vacancy

Where the position of an Officer becomes vacant for whatever reason and there is still a quorum of Board Members, the Board may, by Ordinary Resolution, appoint a qualified individual to fill the vacancy for the remainder of the vacant position’s term of office.

3.6 Committees

A Board Member may solicit assistance from the membership to help with their portfolio. The committee will be led by the corresponding Board Members. The committee members perform their designated tasks without remuneration.

ARTICLE 4 – MEETINGS

The following meetings shall be held to carry out the formal business of the group.

4.1 Executive Meetings

Executive meetings will be held 4 times a year.
A record of attendance shall be made at each meeting.
Agendas set by the President.
Meetings must meet quorum. A quorum for a meeting shall be more than 50 % of the Board Members.
The TMCC will ensure decisions are made and meetings follow within the guidelines of “Roberts Rules of Order”
Members may attend an Executive Meeting and add an agenda item providing that they have made a request to the President 30 days prior to the meeting.
Notification of Executive meetings shall be sent a minimum of 14 days
If an emergency meeting or special meeting is required, Board Members will be contacted within 5 days of meeting date.
Emergency or special executive meetings will be called to address any business arising that needs to be voted on prior to the next scheduled Executive meeting.

4.2 Annual General Meetings (AGM)

The Annual General Meeting shall take place after closing of the fiscal year.
Notification of the meeting shall be given to the voting members, a minimum of 21 days prior to the Annual General Meeting. The notice will include the date, time, venue and agenda of the annual general meeting.
A quorum for the Annual General Meeting shall consist of 5% of eligible voting members or 7 members.
All voting members in good standing are eligible to vote.
No Proxy voting will be permitted.

4.3 Order of AGM

The order of business at the Annual General Meeting of the club shall be:

Official welcoming and start of the AGM by the President
Review of Actions and Adoption of Minutes of preceding Annual General Meeting.
President’s report
Other Board Member Reports
Treasurer’s report
Approval of Financial statement
Appointment of Auditor, if required
Election of Directors
New Business
Adjournment

4.4 Minutes

The Secretary or a designated will take minute at every meeting
A draft of the minutes will be sent to the Board Members/Directors by email or mail 5 days prior to the executive meeting.
The minutes will be approved at the next meeting
The minutes will be made available for the membership at the following meeting on the organization’s website and on request.
Minutes of the meetings

The directors must ensure that the minutes of a general meeting or a directors’ meeting are signed within a reasonable time after the meeting by the chairperson of the meeting.

ARTICLE 5 – FINANCIAL MANAGEMENT

5.1 Fiscal Year

The fiscal year of the TMCC shall begin on January 1^st of each year and end on December 31^st of each year.

5.2 Funds

Funds are considered membership fees, donations, grants, sponsorship or other proceeds can be used to further the objectives of TMCC

5.3 Financial Responsibilities and Bank Account

A bank account will be open in the name of Toronto Mississauga Cricket Club Inc. The bank account shall be operated by the Treasurer, but will require two authorized signatures for expenditures.

Financial statements shall be provided at the AGM for review and approval. The Financial Statements need to be approved by the Voting Members

5.4 Treasurer

The Treasurer is responsible for all organization financed by maintaining an accurate ledger of all monies received and expended. He/she will show transparency and accountability by presenting yearly financial reports (income statement, balance sheet) at each Executive meeting and annual financial report at the AGM.

5.5 Remuneration

A Board Member or committee member shall not receive remuneration but can receive reimbursement for expenses incurred for organization purposes.

ARTICLE 6 – AMENDMENTS, COMPLAINTS & APPEALS

6.1 Amendments

The constitution and/or By-Laws may be amended by the following process:

By-laws may be amended or repealed by the board of directors at any time and such amendments or repeal shall be confirmed by an ordinary resolution of the members in the annual general meeting or extraordinary general meeting/special meeting of the members of the organization.

Motion to amend may be made by any club member in good standing at any regular meeting
A minimum of 5% of members in good standing must be present to constitute a quorum
The amendment must receive a minimum of 2/3 of the vote to be accepted by members present.

6.2 Complaints and Appeals

All complaints must be received in writing.
The Executive, if receives any complaint shall try to resolve the matter immediately.
If the complaint cannot be resolved immediately, the representative will notify the Board of Management of the complaint and details. The complainant can contact the Board President directly.
The complaint shall be discussed in the next general meeting.
Complainants will receive in writing a response to their complaint that outlines the board’s decision within 10 days of the meeting.

6.3 Dissolution

In the event of the dissolution and liquidation of the Organization, any surplus or assets (after paying all debts and pending bills, dues etc.) shall be distributed to a non-profit corporation. The Board of Directors would decide at the time of Dissolution and have a unanimous decision and if need be, the decision could be taken through voting of the members.

7 ELECTION PROCEDURES

Annual elections will take place at the AGM.

7.1 Nomination Committee

A nominating committee, will be established to recruit and present a slate of Board Members who are willing to stand for office.

7.2 Nomination Procedures

No less than 60 days prior to the AGM, a list of all Committee positions to be filled along with a nomination form and position descriptions for each office, would be intimated to the members. This process will constitute the Call for Nominations. Formal nominations are to be received no less than thirty (30) days prior to the AGM.

In order to be considered, a candidate must be a member in good standing of TMCC The candidate need not be present at the AGM to stand for election.

7.3 Election Procedures

Each office will be voted upon separately. The Chair will ask each nominee in turn whether s/he is willing to stand for the particular office, and allow him/her the opportunity to address, briefly, the members assembled.

If there is more than one candidate, voting will be conducted by the holding up the voting card. Scrutineers, selected by the nominating committee, will collect and tally the votes, signing and submitting the count to the chair.

If a single nomination is received for a particular office, that nominee will be elected by acclimation, with the Secretary casting one ballot.

7.4 Voting Membership

A minimum of 25 Voting members shall be enrolled. Any member over 18 years could be a voting member, provided he/she is a member in good standing. The Voting Members will need to complete the Voting Membership Form to register themselves as eligible members to vote. First year members can still attend the AGM.

7.5 Swearing in The New Board Members

At the conclusion of the elections, the Chair will read the new slate of Board Members aloud, and the newly-elected Board Members will be sworn in stating “I do sincerely pledge my honour to the duties of my office to the best of my ability and in accordance with the principles of TMCC, Following the swearing in, the newly-elected Board Members will assume their new positions and their terms will begin.

7.6 First Meeting After The AGM

A motion to confirm the election will be the first order of business at the subsequent Executive meeting.

A motion to destroy the election ballots, if applicable will be the second order of business at the same meeting.

8. CONFLICT OF INTEREST

All Board members, volunteers, staff, and contractors are required to perform their duties and functions impartially, responsibly with integrity and in a manner that will withstand public scrutiny. No member will solicit or accept, for personal or financial benefit, a fee, gift or benefit that could influence decisions or affect their duties or functions.

Conflict of Interest: A director, officer, or member of a committee, who has an interest, or who may be perceived as having an interest in a proposed contract or transaction with the Organization shall comply with the Act and shall disclose fully and promptly the nature and extent of such interest to the board and shall refrain from voting or speaking in debate on such contract or transaction, and shall avoid and refrain from influencing any decision on such matter.

9. CODE OF CONDUCT

All individuals have a responsibility to:

Maintain and enhance the dignity and self-esteem of TMCC members and other individuals by:

Demonstrating respect to individuals regardless of by type, physical characteristics, athletic ability, gender, ancestry, colour, ethnic or racial origin, nationality, national origin, sexual orientation, age, marital status, religion, political belief, disability, or economic status.
Focusing comments or criticism appropriately and avoiding public criticism of athletes, coaches, officials, organizers, volunteers, employees, and members.
Consistently demonstrating the spirit of sportsmanship, sport leadership and ethical conduct.
Consistently treating individuals fairly and respectfully.

Refrain from any behaviour that constitutes harassment, where harassment is defined as comment or conduct directed towards an individual or group, which is offensive, abusive, racist, sexist, degrading, or malicious.
Comply at all times with the bylaws, policies, procedures, rules and regulations of TMCC

Member clubs will:

Follow all TMCC policies and procedures.
Refrain from negative communications with or against any other member club.
Support the game of Cricket.
Ensure that all athletes and coaches participating in sanctioned competitions are registered members in good standing.
Avoid spectator-imposed pressures to win.
Be supportive of the athlete, team, coach, opponents, and officials.
Maintain a supportive, constructive environment for all participants.
Be a leader, a positive influence and role model.

Athletes will:

Adhere to all Fair Play Principles.
Participate to one’s best abilities in all competitions, practices, training sessions, events, or activities.
Participate for the love and enjoyment of the game.
Respect the efforts and accomplishments of teammates and opponents.
Respect officials, coaches, spectators, and event organizers.
Respect the facility where the competition is held.
Respect the rules of the game.

Board/Committee Members & Staff will:

Act with honesty and integrity and conduct himself or herself in a manner consistent with the nature and responsibilities of TMCC and the maintenance of member confidence.
Respect the confidentiality appropriate to issues of a sensitive nature.
Ensure that all individuals are given sufficient opportunity to express opinions, and that all opinions are given due consideration and weight.
Uphold integrity and conform to the bylaws and policies, Code of Conduct as well as the Conflict-of-Interest Policy.
Know that when there may be a real or potential conflict of interest, it must be disclosed at the first opportunity.
Encourage members to act fairly and ethically.
Recognize the power inherent in the position and respect and promote the rights of all participants in sport. This is accomplished by establishing and following procedures for confidentiality (right to privacy), informed participation, and fair and reasonable treatment.
Code of Conduct applies after a member leaves the Club i.e., disclosing confidential information or use of contacts for personal gain

Level 1 Offence includes showing dissent at an Umpire’s decision by word or action – using obscene, offensive or insulting language, appealing excessively – advancing towards an Umpire in an aggressive manner when appealing. Player will receive a warning; another 1 level offence will be 5 penalty runs.

Level 2 Offence includes showing serious dissent at an Umpire’s decision by word or action – making inappropriate and deliberate physical contact with another player – throwing the ball at a player, umpire or another person in an inappropriate and dangerous manner – using language or gesture. Player will receive a warning and 5 penalty runs awarded to the opposition.

Level 3 Offence includes intimidating an umpire by language or gesture – threatening to assault a player or any other person except an Umpire. Player will be removed from the field of play for the rest of the innings and 5 penalty runs awarded to the opposition.

Level 4 Offence includes threatening to assault an Umpire – making inappropriate and deliberate physical contact with an Umpire – physically assaulting a player or any other person – committing any other of violence. Player will be removed from the field of play for the entire match and 5 penalty runs awarded to the opposition.

The Code of Conduct will be strictly adhered to and the Umpire will be being the charge(s) to the Disciplinary Committee or the Board. The captain of the side is responsible for the behaviour and conduct of the players in the team. Apart from the charges player, the captain will also be penalized and/or fined for the behaviour and conduct of his players. All charges will be laid by the officiating Umpire(s) for infractions during the course of the game, including the durations of all breaks, and pre/post match periods where the Umpire is ensuring compliance with issues related to the league policies including, but not limited to, filling out match sheets, ground cleanliness, etc. Where there are separate incidents in the course of a match, the Umpire should lay separate charges. If the person charged is found guilty of more than one offence, separate penalties with respect to each offence will be imposed. Penalties in such case are cumulative and not concurrent.