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IMA By-Law No. 1
 

A By-law relating generally to the transaction of the affairs of the Institute of Municipal Assessors.

BE IT ENACTED as a By-law of the Institute of Municipal Assessors as follows:

1. DEFINITION

In this By-law the term "Institute" and the term "I.M.A.O." mean the Corporation constituted by Letters Patent, dated the 27th day of May, 1957, under the name of "Institute of Municipal Assessors of Ontario" as continued by "An Act Respecting the Institute of Municipal Assessors of Ontario", Statutes of Ontario, Third session, 33rd Legislature Bill. As amended by Supplementary Letters Patent dated the 26th day of June, 1995, changing the name of the Institute of Municipal Assessors of Ontario to the Institute of Municipal Assessors, "I.M.A."

2. HEAD OFFICE

The Head Office of the Institute shall be in a Municipality within the Province of Ontario to be designated from time to time by the Executive Committee and Board of Directors.

3. SEAL

The seal, an impression where is stamped in the margin hereof, shall be the corporate seal of the Institute.


4. MEMBERS

The membership shall consist of the applicants for incorporation of the Institute and such other individuals and other legal entities as are admitted members by the Board of Directors and are in good standing as to other requirements of membership.

There shall be the following classes of members of the Institute, and each class of membership shall have such rights and qualification as are set out below:

(1) Accredited: Accredited Membership shall be granted by the Board of Directors to a person who:

(a) has qualified for Associate Membership in the Institute; and

(b) has successfully completed the accreditation programs prescribed from time to time by the Board of Directors.

An Accredited Member shall be entitled to use the designation "M.I.M.A." after his or her name.


(2) Associate: Associate Membership shall be granted by the Board of Directors to a person who has successfully completed an Education Course approved from time to time by the Board of Directors.

An Associate Member shall be entitled to use the designation "A.I.M.A." after his or her name.

(3) Honorary: Honorary Membership shall be granted by the Board of Directors to a person in recognition of distinguished service in the field of assessment, provided however that there shall be no more than five (5) Honorary Members at any one time.

An Honorary Member shall be entitled to use the designation "M.I.M.A.(Hon.)" after his or her name.

(4) LIFE: Appointments to the status of Life Member shall be made by the Board of Directors. Only founding or accredited members of the Institute who are now in complete retirement from the field of assessment, are eligible for appointment.

A Life Member shall be entitled to use the identification (LIFE) after the M.I.M.A. designation or in the case of founding members, after the designation attained by virtue of membership in the Institute. Life Members are granted the status and privileges of a member of the Institute.

(5) Fellow: Members holding the status of "Fellow" of the Institute prior to the enactment of this By-law, may continue to use the designation "F.I.M.A." after his or her name.

(6) Affiliate: Affiliate Membership shall be granted by the Board of Directors to a person or Corporation engaged in the assessment profession or a related assessment function who does not otherwise qualify under any other class of membership.

       All members shall have voting privileges.

5. MEMBERS-MEETINGS

The Annual Meeting of the members of the Institute shall be held at such time and place as may be determined by the Board of Directors. A Special Meeting of the members of the Institute may be called at any time by the President or the Board of Directors at such time and place as may be determined. Notice of the time and place of each Annual or Special Meeting shall be given by sending such Notice by prepaid post to the last known address of each member, at least thirty (30) days prior to the date of such meeting. A quorum at any Annual or Special Meeting of the members of the Institute shall be ten percent (10%) of the total number of members to vote thereat. The President of the Institute shall act as Chair of any Annual or Special Meeting of the Institute and the Secretary shall act as Secretary thereat. All questions requiring approval of the members shall be decided by a majority of the votes of the members present in person, unless otherwise required by By-law or Statute.

All questions requiring a vote shall be decided by a show of hands unless a poll is demanded by any member. In the event of an equality of votes at any Annual or Special Meeting, whether upon a show of hands or by poll, the Chair shall be entitled to cast the deciding vote.

6. OFFICERS

There shall be the following Officers of the Institute:

(1) a President
(2) a First Vice-President
(3) a Second Vice-President
(4) a Third Vice-President
(5) a Secretary,
(6) a Treasurer, and
(7) an Executive Director

The President, First Vice-President, Second Vice-President, and Third Vice-President shall be Accredited Members entitled to vote and otherwise in good standing and shall be elected annually by the members entitled to vote. The Secretary and Treasurer/ Executive Director need not be members of the Board of Directors and shall be appointed by the Board of Directors from time to time and in the absence of a written agreement to the contrary, the employment of all officers shall be settled from time to time by the Board.

7. OFFICERS - DUTIES

(1) President: the President shall preside at all Annual and Special Meetings of the members of the Institute and of the Board of Directors, and shall be charged with the general management and supervision of the affairs and operation of the Institute, together with such other duties as may be assigned by the Board of Directors. The President is, ex-officio, a trustee of the I.M.A. Scholarship Trust Fund.

(2) First Vice-President: the First Vice-President shall exercise all the powers and duties of the President during an absence or inability to act on the part of the President, and shall perform such other duties as may be assigned by the Board of Directors.

(3) Second Vice-President: the Second Vice-President shall exercise all the powers and duties of the President during an absence or inability to act on the part of the President and First Vice-President, and shall perform such other duties as may be assigned by the Board of Directors.

(4) Third Vice-President: the Third Vice-President shall exercise all the powers and duties of the President, during an absence or inability to act on the part of the President, First-Vice President, and Second Vice-President, and shall perform such other duties as may be assigned by the Board of Directors.

(5) Secretary: the Secretary shall maintain custody of the Corporate Seal, certify under seal, or otherwise, documents issued by the Institute, record the Minutes of all meetings of the Board of Directors and decisions made by the Executive Committee.

(6) Treasurer: the Treasurer shall be custodian of all the monies of the Institute and be responsible for the deposit of same in the bank approved for such purpose by the Board of Directors, keep correct account of all receipts and disbursements as may be authorized by the Board of Directors, maintain all account books open to inspection by the Board of Directors and the auditors, render a true and accurate report of the financial condition of the Institute at each meeting of the Board of Directors, and act as the Secretary-Treasurer of the I.M.A. Scholarship Trust Fund.

(7) Executive Director: in lieu of Secretary/Treasurer, the Executive Director will assume their responsibilities.

8. DISTRICTS

To ensure regional representation on the Board of Directors and to promote the objects of the Institute of Municipal Assessors, the Board of Directors shall be made up of districts within the Province of Ontario, and any other Province or Territory within Canada, or other country outside Canada that is approved by the Board of Directors.  The districts approved by the Board are as follows:

1)            To include the Counties of Perth, Huron, Middlesex, Oxford, Elgin, Lambton, Essex and the Municipality of Chatham-Kent.

2)            To include the Regional Municipalities of Niagara, Hamilton-Wentworth, Haldimand-Norfolk and Waterloo and the Counties of Brant, Dufferin and Wellington.

3)            To include the Regional Municipalities of Durham, York.

4)            To include the City of Toronto and Regions of Halton and Peel.

5)            To include the Counties of Grey, Bruce and Simcoe, and District Municipality of Muskoka, and the District of Parry Sound.

6)            To include the Counties of Haliburton, Hastings, Peterborough, Prince Edward and Northumberland, and the Cities of Peterborough, Kawartha Lakes, Belleville, Quinte West.

7)            To include the Counties of Lennox & Addington, Frontenac, Lanark, Leeds & Grenville, Prescott & Russell, Stormont, Dundas & Glengary, Renfrew and the Regional Municipality of Ottawa-Carleton.

8)            To include the Districts of Algoma, Nipissing, Manitoulin, Sudbury, Cochrane and Temiskaming, and The Regional Municipality of Sudbury.

9)            To include the Districts of Kenora, Rainy River and Thunder Bay.

10)        To include the Province of Newfoundland and Labrador.

The aforesaid districts are composed geographically of the municipalities within the district unless otherwise noted and may be changed or the boundaries redefined from time to time by motion of the Board.

9. BOARD OF DIRECTORS

(1) The affairs of the Institute shall be managed by a Board of Directors consisting of ten (10) members, each of whom at the time of assuming office and throughout their term of office, shall be an Accredited or an Associate Member of the Institute.

The Board of Directors shall be composed of the following persons:

(a) The President
(b) The First Vice-President
(c) The Second Vice-President
(d) The Third Vice-President
(e) The Immediate Past President
(f) A District Director elected by and from the membership of each of the ten (10) geographical district established by the board.

(2) The President, First Vice-President, Second Vice-President, and Third Vice-President shall be elected annually and the ten (10) District Directors shall be elected bi-annually by the members as provided herein. The Immediate Past President is a member of the Board ex-officio.

10. BOARD OF DIRECTORS - QUORUM AND MEETINGS

(1) A majority of the Directors shall form a quorum for the transaction of the business of the Board.

(2) The Board of Directors shall meet immediately following the Annual Meeting of members and on at least one other occasion annually, at such place or places as it may from time to time determine.

(3) Meetings of the Board of Directors shall be held at the call of the President, or upon the written request of any five (5) Directors.

(4) Notice of such meetings, other than the meeting immediately following the Annual Meeting of members, shall be given to each Director, not less than ten (10) days prior to such meeting by personal delivery, telephone, telegraph or prepaid post addressed to his or her last known address.

(5) No error omission in giving such Notice of a meeting of the Board of Directors shall invalidate such meeting or invalidate or make void any proceedings taken or had at such meeting and any Director may at any time waive notice of any such meeting and may ratify and approve of any or all proceedings taken or had thereat.

(6) The President of the Institute shall be the Chair of all meetings of the Board of Directors.

(7) Any matters arising at a meeting of the Board shall be decided by a majority of votes. In case of a tie, the President or presiding Chairperson in addition to his/her original vote, shall have a second or casting vote.

11. BOARD OF DIRECTORS - VACANCIES

(1) A vacancy in respect of the Director who is also an officer referred to in Article 9(1)(a), (b), (c), (d) or (e) shall be filled by a majority vote of the Directors remaining in office, to hold office until the next annual meeting of the members.

(2) A vacancy in respect of a District Director referred to in Article 9(1)(f), during his/her regular term shall be filled by the election of the nominee nominated by the members of such district by nominations conducted by mail followed by ballot for election of a nominee by mail in accordance with a resolution of the Board in respect to such nomination and election.

12. REMUNERATION OF OFFICERS AND DIRECTORS

The Officers and Directors shall receive no remuneration for acting as such, but may be reimbursed for travel and other expenses incurred in connection with the business of the Institute.

13. OFFICERS AND DIRECTORS - QUALIFICATION, ELECTION AND REMOVAL

(1) The Officers of the Institute, excepting only the Secretary, and Treasurer/Executive Director, shall be elected from among the qualified voting members of the Institute, by a plurality of votes cast by the members of the Institute as set out in the Institute regulations dealing with elections.

(2) District Directors shall be elected from the membership of each district of the Institute by a plurality of votes cast by the members as provided in Section 17.

(3) An Officer may be removed from office for just cause by resolution of the Board of Directors, passed by at least two-thirds of the votes cast at a meeting of the Board of Directors.

(4) Where there exists just cause or a Director has been absent from two consecutive meetings of the Board of Directors, and the Board is satisfied that such absence was without adequate reason, the Board may remove such Director from office and declare a vacancy by resolution passed by at least two-thirds of the votes cast at a meeting of the Board of Directors.

14. EXECUTIVE DIRECTOR, SECRETARY AND TREASURER - APPOINTMENT

(1) The Board of Directors shall, by resolution, appoint or replace the Secretary, Treasurer, and Executive Director.

(2) A resolution passed under subsection (1) need not be confirmed at an annual or special meeting of the Institute and is effective until revoked by the Board of Directors.

15. EXECUTIVE COMMITTEE

The Executive Committee shall be composed of the President, First Vice-President, Second Vice-President, Third Vice-President, and Immediate Past President of the Institute and shall have the following duties:

(1) Responsibility for the overall management of the affairs of the Institute;

(2) To scrutinize and prepare recommendations for presentation to the Board of Directors;

(3) Through the President, to report, to the Board of Directors at each meeting thereof with respect to the general operation of the Institute;

(4) Such other duties as may be assigned to it from time to time by the Board of Directors.

16. DISTRICTS - ELECTORS

Each voting member shall be entitled to a vote for a District Director of the district in which he/she is employed and if not employed then to a vote in the district where he/she resides.

17. DISTRICTS - DIRECTORS

Accredited members (M.I.M.A.'s) and Associate members (A.I.M.A.'s) may be nominated by any voting member for the position of District Director. The nominations for District Director for Districts #1, #3, #5, #7, and #9 shall be made in the spring of the year 2002 prior to June 1st and every two years thereafter. The nominations for District Director for Districts #2, #4, #6, and #8 shall be made in the spring of the year 2003 prior to June 1st and every two years thereafter.  The nominations for District Director for District #10 shall be made following the June 9, 2008 Annual General Meeting and every two years thereafter.

The District Executive for the said Districts shall act as the Nominating Committee. Notice shall be mailed by the Institute Office by regular post to each voting member of that District at the address shown for such voter in the records of the Institute. Within 15 days thereafter, a list setting out the names of the nominated candidates shall be forwarded by the District Chair to the Institute Office. The Institute Office will thereby mail a ballot and list of candidates to every voting member in the said District. Within 21 days of the date of mailing, the completed ballot shall be returned to the District Chair for counting and notification of the successful candidate will be made in the next issue of Insti-News.

18. DISTRICT EXECUTIVE

Each District shall have a District Executive composed of the following persons:

(1) District Chair
(2) District Vice-Chair
(3) District Secretary-Treasurer
(4) District Director
(5) Such other Officers as may be elected by the District Electors.

The office of Secretary-Treasurer may be divided so that there may be a Secretary and Treasurer which shall be determined by the respective District Executive and the duties in 19(3) divided accordingly.

19. DISTRICT EXECUTIVE - DUTIES

The District Executive shall have the following duties:

(1) District Chair: The District Chair shall, when present, preside at all District Meetings and shall be charged with the organization of District Meetings and the general management and supervision of the affairs of the District.

(2) District Vice Chair: The District Vice-Chair shall exercise all the powers and responsibilities of the Chair in his/her absence, shall assist to plan and organize meetings and assist in the general management and supervision of the affairs of the District.

(3) District Secretary-Treasurer: The District Secretary-Treasurer shall keep the Minutes of all District Meetings and District Executive Meetings, shall keep and be responsible for all books and accounts for the District, shall be the custodian of any monies or properties belonging to the District and shall be charged with the responsibility of notifying electors of District Meetings.

(4) District Director: The District Director shall participate in the general management and supervision of the affairs of the District, shall be a Director of the Institute and shall communicate all matters between the District and the Board of Directors. In the absence of both the District Chair and Vice Chair, the District Director shall act as the District Chair.

20. DISTRICT EXECUTIVE - QUALIFICATION, ELECTION AND REMOVAL

The District Executive of each geographic district, except for the District Director, shall be elected annually by the electors of each District, from among the electors thereof then in good standing. The District Executive of each geographic district shall make rules prescribing the manner of nominating and electing the District Executive of their respective Districts. In the event that one or more of the duly elected electors of the District Executive fail to carry out their respective duties, any five (5) electors of a District may call a Special Meeting of the District by sending Notice of such meeting to the electors by prepaid post not less than ten (10) days prior to the date set for such meeting, and any member of the District Executive may be removed at such meeting by a vote of two-thirds of the votes cast thereat.

21. DISTRICT MEETINGS

The provisions in this By-law respecting meetings of the members of the Institute shall apply mutatis mutandis to District Meetings of electors.

22. BANKING ARRANGEMENTS

The banking business of the Institute shall be transacted with such Bank, Trust Company or other firm or corporation carrying on a banking business as the Board may designate, appoint or authorize from time to time by resolution, and all such banking business or any part thereof shall be transacted on behalf of the Institute by one or more Officers and/or other persons as the Board may designate, direct or authorize from time to time by resolutions and to the extent therein provided.

23. EXECUTION OF INSTRUMENTS

Deeds, transfers, assignments, contracts and obligations on behalf of the Institute may be signed by the President and the Secretary/Executive Director and the corporate seal shall be affixed to such instruments as require same. The Board may at any time direct the manner in which, and the person or persons by whom any particular deed, transfer, contracts or obligations of the Institute may or shall be signed.

24. FINANCIAL YEAR

Unless otherwise determined by resolution of the Board, the fiscal year of the Institute shall terminate on the 31st day of March in each and every year.

25. PROTECTION - DIRECTORS AND OFFICERS

Every Director or Officer of the Institute, including the Executive Director, their respective heirs, executors, administrators and assigns, shall from time to time and at all times, be indemnified and save harmless, subject to the provisions of all applicable statutes, out of the funds of the Institute from and against any liability and all costs, charges and expenses sustained or incurred in respect of any action, suit or proceeding that is proposed or commenced against them for or in respect of the execution of the duties of his/her office, and for this purpose, the term "Officer" shall be deemed to include the members of the Professional Conduct Committee from time to time.

26. ELECTION AND COMMITTEE - RULES

The Board of Directors may by resolution, enact rules respecting the following matters:

(1) The methods and procedures for nominating and electing Officers of the Institute and for conducting meetings of the members, not inconsistent with these By-Laws;

(2) The establishment of Standing Committees and Special Committees of the Institute and prescribing the composition, powers, duties and terms of reference of each;

(3) The rules of professional conduct for members of the Institute; and

(4) Any incidental matter bearing upon the administration of the Institute not required to be the subject matter of a by-law.

27. I.M.A. SCHOLARSHIP TRUST FUND

The Board of Directors of the Institute shall appoint from the membership four (4) members to serve as trustees of the I.M.A. Scholarship Trust Fund. All trustees so appointed shall serve at the pleasure of the Board of Directors of the Institute.

28. REGISTRAR

The Board shall appoint a person to be "Registrar of the Institute" and whose duty it shall be to maintain a record of all members of the Institute, their respective classification therein and their standing, and particulars of all current and past academic undertakings under the auspices of the Institute.

29. PROPOSED CHANGES

All prior by-laws, resolutions and proceedings of the Institute are hereby amended, modified and revised in order to give effect to this By-Law. By-Laws of the Institute may be enacted, repealed or amended by by-law enacted by a majority of the Directors at a meeting of the Board of Directors and thereafter confirmed by at least two-thirds of the members present at the next annual meeting, at a special meeting duly called for the purpose of considering the said by-law, or by a two thirds majority of ballots mailed in by members.

30. BY-LAW NO. 1 SUBSECTIONS 8, 9, 17 & 19 OF THE INSTITUTE IS HEREBY AMENDED.

Accepted by the Board of Directors this 26th day of June 2015.

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