BC NDP - Constitution - 2021
BC NDP - Constitution - 2021
BC NDP - Constitution - 2021
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considered members in good standing for to all members in good standing who are
the duration of their life membership. younger than 30 years of age.
2.4 An individual member shall be in good 4.3 The BC YND may charter campus clubs. A
standing for twelve months from the date campus shall be understood to refer to any
of their last donation to the BC NDP. secondary or post-secondary campus.
Notwithstanding other sections of this 4.4 To be eligible to send BC YND Campus
Constitution, those individuals entitled to Club delegates to Provincial Conventions,
vote or stand for election at a general the BC YND President shall furnish to the
meeting of any Provincial or Federal Provincial Director, at least 60 days prior to
Electoral District Association, or any any Convention, a list of the chartered
organization chartered under this clubs of the BC YND, if any, and of the
Constitution shall be only those individuals members thereof. BC YND Campus Clubs
who have been members in good standing are responsible for ensuring that their
for a minimum of ninety (90) days prior to chartered status and membership lists
the meeting except as allowed by Article remain current.
2.5. 4.5 The number of BC YND Campus Club
2.5 Notwithstanding other sections of this members entitled to representation as BC
Constitution, where an individual renews YND delegates shall be deducted from the
and was a member in good standing within delegate entitlement of the Provincial
ninety (90) days following a lapse of Electoral District Association concerned.
membership, that individual shall be
4.6 BC YND Campus Club members shall
eligible to vote and stand for any position
participate in the selection of BC YND
as if the individual’s membership had been
delegates to Convention as provided for in
continuous.
Article 8.10 of this Constitution.
4.7 Only those members of the BC YND
entitled to representation, who are not
ARTICLE III — AFFILIATED members of BC YND Campus Clubs, shall
MEMBERSHIP be entitled to participate in the selection of
3.1 Affiliated organizations shall be those BC delegates from the Provincial Electoral
organizations affiliated to Canada’s NDP. District Association in which they are
normally resident.
ARTICLE IV – YOUNG NEW 4.8 Thirty days prior to the date of any
DEMOCRATS Convention, the Provincial Director shall
notify the Provincial Electoral District
4.1 There shall be a youth section of the BC
Associations affected by Article 4.5.
NDP, as provided for in the Constitution of
4.9 In all other respects, members in good
Canada’s NDP, whose name shall be the
standing of the BC YND shall enjoy all
British Columbia Young New Democrats
(the “BC YND”). It shall operate under its rights and privileges of the BC NDP.
own Constitution, as provided for by the
Constitution of Canada’s NDP.
4.2 Membership in the BC YND shall be open
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ARTICLE V — PROVINCIAL with full voice and vote on their respective
ELECTORAL DISTRICT Executive for a representative of the
ASSOCIATIONS Campus Club.
5.1 In every provincial electoral district in
British Columbia there shall be a Provincial ARTICLE VI — AREA COUNCILS
Electoral District Association. 6.1 The Provincial Executive may, upon
5.2 Each Provincial Electoral District application from two or more Provincial
Association shall submit on demand, to the Electoral District Associations, authorize
Provincial Council, a written report of its the formation of an Area Council, which
activities and financial circumstances.
shall consist of delegates from the
5.3 All officers of Electoral District component Associations, which shall
Associations shall be individual members coordinate activities of the BC NDP on a
in good standing of the BC NDP.
regional basis.
5.4 Only individual members of the BC NDP in 6.2 Each Area Council shall adopt bylaws for
good standing who reside within the the conduct of regional business. All such
boundaries of that provincial electoral by-laws and all such amendments thereto,
district shall be members in that Provincial must bear the approval of the Provincial
Electoral District Association, except as Executive and by-laws or amendments
provided for in Section 5.5. thereto, shall not be valid without such
5.5 Provincial Electoral District Associations approval.
may, with the concurrence of the Provincial
Executive, admit to membership a member
of the BC NDP in good standing who does ARTICLE VII — PROVINCIAL
not reside in its electoral district, and the PUBLIC OFFICE
Provincial Executive shall notify the
Electoral District Association of residence 7.1 Each Provincial Electoral District
of the transfer of members. Association shall be responsible for the
nomination of candidates for election to the
5.6 Each Provincial Electoral District
Legislative Assembly of British Columbia in
Association shall adopt bylaws for the
its electoral district. Should it fail to
conduct of Association business. All such
nominate, the Provincial Executive may
Provincial Electoral District Association
name a candidate or candidates.
bylaws, and all amendments thereto, must
bear the approval of the Provincial 7.2 Those individuals entitled to nominate and
Executive bylaws, or amendments thereto, vote at a Nomination Convention of a
shall not be valid without such approval. Provincial Electoral District Association
shall be only those members who have
5.7 The Provincial Executive may impose
been in good standing in the BC NDP and
bylaws upon an Electoral District
resident within the electoral district
Association which fails to comply with
boundaries of the Association for at least
Article 5.6.
90 days prior to a Nomination Convention.
5.8 Where there is a BC YND Campus Club, Membership forms for new members must
the Provincial Electoral District Association have been received at Provincial Office
shall have in place an ex-officio position
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during normal business hours at least 90 determined by Provincial Council.
days prior to a Nomination Convention. 8.4 Not less than 90 days’ notice of the
7.3 Each person entitled to vote at a date and place of a Convention shall be
Nomination Convention, including the given to each Provincial Electoral District
chairperson, shall have only one vote. Association, the BC YND, each affiliated
7.4 All persons proposed as candidates of the organization, each Honorary Life Member,
BC NDP shall be only those BC NDP each member of the Provincial Council,
members who have been in good standing each member of the BC NDP who is a
for at least 90 days prior to a Nominating member of the Legislative Assembly of
Convention. All prospective candidates British Columbia or the House of Commons
shall obtain approval from the Provincial representing a British Columbia electoral
Director prior to the Nomination district and each member of the Federal
Convention. Council of Canada’s NDP resident in British
Columbia.
The membership requirement may be
8.5 Resolutions for consideration by the
waived in special circumstances upon
Convention must originate from Provincial
application by the prospective candidate to
Electoral District Associations, the BC YND
the Provincial Director before the date of
(including its chartered Campus Clubs, if
the Nomination Convention.
any), affiliated organizations, the Provincial
7.5 The Provincial Executive may make
Council, the Provincial Executive, or duly
regulations governing the nomination of
constituted bodies of the BC NDP.
candidates for provincial office.
8.6 Resolutions for consideration by the
7.6 Notwithstanding the provisions of Article
Convention must be received by the
14, complaints arising from the conduct of
Provincial Director not less than 60 days in
Nomination Conventions for public office
advance of the date of the Convention.
shall be referred to the Provincial
8.7 All resolutions so received shall be
Executive.
distributed to each Provincial Electoral
The Provincial Executive shall determine if
District Association, the BC YND, each
the complaint will be heard by written
affiliated organization and all duly
submissions or by a hearing. The parties to
constituted bodies of the BC NDP not less
the dispute shall each be entitled to one
than 30 days in advance of the date of the
representative at any hearing. The decision
Convention.
of the Provincial Executive shall be final.
8.8 All resolutions not dealt with at the
Convention shall be returned to their
ARTICLE VIII — CONVENTIONS
originators for further consideration and
8.1 Subject to the provisions of the Constitution disposition.
of Canada’s NDP and the procedures 8.9 The Provincial Executive shall determine the
contained in this Constitution, sovereign registration fees for delegates to
power is vested in the Convention. Convention, which shall include separate
8.2 Convention shall be held at least every two registration fees for BC YND delegates.
years. From the registration fees so collected, the
8.3 Time and place of Conventions shall be Provincial Executive shall establish a
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hardship fund to alleviate costs for be based upon the same formula used to
delegates who could not otherwise afford to determine Provincial Electoral District
attend Convention. This hardship fund shall Association entitlement. Affiliated delegate
also be used to waive the registration fee entitlement is based on BC NDP
for one delegate per electoral district, who membership within the affiliated
could not otherwise afford to attend organization.
Convention, as determined necessary by (i) Each affiliated organization is entitled to
each Electoral District Association. one (1) delegate for 25 BC NDP members
8.10 Delegates to Convention, who must hold or less; plus (1) delegate for each
individual memberships in the BC NDP, additional 25 BC NDP members or major
shall consist of: fraction thereof.
8.10.1 Delegates elected by Provincial Electoral (ii) Provincially affiliated organizations are
District Associations on the basis of one entitled to additional delegate credentials
delegate for each 25 members in good based on the total number of BC NDP
standing, or major fraction thereof, members within that affiliate, including all
providing that every Provincial Electoral its branches or locals, and staff. Such
District Association shall be entitled to at entitlement is equal to one (1) credential
least one delegate. for 250 BC NDP members or less; plus one
In determining the number of delegates to (1) credential for each additional 250 BC
which an Electoral District Association is NDP members or major fraction thereof.
entitled, the Electoral District Association’s (iii) Every provincial Federation of Labour and/
membership shall be computed on the or Labour Council that includes one (1)
basis of a whole year’s (365 days) affiliate may itself apply for affiliation. Each
membership by each individual. Delegate such affiliated organization is entitled to
entitlement shall be calculated on a pro- two (2) delegate credentials.
rated basis for members of an Electoral 8.10.3 All members of Provincial Council.
District Association with fewer than 365
8.10.4 All members of the BC NDP who are
days’ membership.
members of the Legislative Assembly of
In addition to the regular delegate British Columbia or the House of
entitlement, one delegate per Electoral Commons, representing a British Columbia
District shall be reserved for a BC YND electoral district.
delegate.
8.10.5 All members of the Federal Council of
In a provincial electoral district where Canada’s NDP resident in British
chartered BC YND Campus Clubs exist, Columbia.
the Electoral District Association shall
8.10.6 Delegates chosen by the BC YND on the
allocate delegates on a membership basis
basis of one delegate for each 50 members
to such clubs within the electoral district,
or major fraction thereof.
but in no case shall the total number of
8.10.7 The President of each Provincial
delegates so allocated exceed the
Electoral District Association.
entitlement outlined above.
8.11 The number of members in the BC NDP on
8.10.2 Calculation of delegate credential
a date at least 90 days prior to Convention
entitlement for affiliated organizations will
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shall be used in calculating delegate days’ minimum notice.
entitlements. If at that time, BC NDP 8.19 Notice of such Convention shall specify the
membership exceeds 20,000, the number matters to be considered, and the Special
of members required for delegate Convention shall confine itself to these
entitlements as provided for in Articles matters.
8.10.1, 8.10.2 and 8.10.6 shall be
8.20 Only members who have been in good
increased by 20 per cent for each 5,000
standing for 90 days prior to an Electoral
members or fraction thereof over the
District Association meeting to select
figures prescribed.
delegates to Convention shall be entitled to
vote at that meeting or to be nominated for
BC NDP MEMBERSHIP the position of Association delegate or
Membership
20,000 elegate
25 per: alternate.
20,000 - 25,000 30 8.21 In alternate years, when there is no
25,001 - 30,000 35 biennial Convention, the BC NDP will
30,001 - 35,000 40 convene a training conference open to all
members that will focus on strengthening
the long-term development of the BC NDP
With a membership of 20,000, there would
by recruiting and training a diverse range of
be approximately 800 Electoral District
individuals.
Association and BC YND delegates.
The total number of delegates including ARTICLE IX — THE PROVINCIAL
affiliates, Council members, Executive LEADER
members, etc., would be approximately
9.1 The Provincial Leader shall be the chief
950.
political spokesperson of the BC NDP and,
8.12 All Honorary Life Members shall have subject to the authority of the Convention
voice and vote at Conventions. and the Provincial Council, shall interpret to
8.13 Each delegate to the Convention shall the public the policies of the BC NDP.
have only one vote at Conventions. 9.2 In the event that the position of Leader
8.14 Two-thirds of the delegates registered at becomes vacant, the Provincial Council,
Convention shall constitute a quorum. after considering the recommendations of
8.15 The Convention shall elect, by secret the Caucus, shall elect an Interim Leader.
ballot, the members of the Provincial 9.3 At every Convention that is not a Leadership
Executive and members of the Oversight Convention a secret ballot vote will be held
Committee. among Convention delegates to determine
8.16 A Special Convention shall be one which is whether or not a leadership election should
held in addition to the biennial Convention be called. If 50% plus one delegate
held pursuant to Article 10.2. supports the calling of a leadership
8.17 Special Conventions may be called by a election, such an election will be held within
one year of the Convention vote. This
two-thirds majority of the Provincial
Council. Article may be waived by Provincial
Executive when there is a general
8.18 Special Conventions may be called on 30
provincial election that would not allow
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sufficient time to comply with the time frame v) Six Vice-Presidents
set out.
vi) One Equity Vice-President
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Labour delegates at Labour Caucus at supervise the work of the President,
Convention. Provincial Director and Treasurer.
iii) Six Vice-Presidents, elected on a 11.3 The President shall be the chief executive
single ballot. officer of the BC NDP, and shall be
iv) One equity Vice-President, elected by responsible to the Provincial Executive.
members of equity seeking committees of 11.4 The Vice-Presidents shall assume the
the BC NDP at a joint meeting of all equity duties of the President in the President’s
seeking committees at Convention. absence.
Candidates for this position are members 11.5 The Provincial Director shall be an
of at least one equity seeking committee of employee of the BC NDP, and is the senior
the BC NDP. The primary function of the administrative officer, responsible to the
Equity Vice-President shall be to work with Provincial Executive. The terms of the
and support all equity seeking committees Provincial Director’s contract shall be
of the BC NDP to further their work, negotiated between the Provincial
organization, training, and success. The Executive and the Provincial Director. The
Equity Vice-President may coordinate joint Provincial Director shall have voice but no
meetings of some of all equity seeking vote at meetings of the Provincial
committees for which they will begin as the Executive, Provincial Council and at
default Chair. Conventions.
v) 11.6 For legal and banking purposes, the
vi) Four Members-at-Large, elected on a signing officers of the BC NDP shall be any
single ballot. two of the President, Provincial Director
and Treasurer.
vii) Two Regional Representatives shall
be elected at each of the eight regional 11.7 In the event of a vacancy in the office of
caucuses. Only accredited delegates to Treasurer, the Provincial Executive shall
the Provincial Convention are eligible to name a replacement.
participate in the election of 11.8 An Executive member may be replaced by
representatives from their region, as appointment by the Table Officers subject
defined by Provincial Council. to ratification by the Provincial Executive
c) Gender Requirements and Provincial Council after three
consecutive absences from meetings of the
i) There shall be gender diversity in the
Provincial Executive without just cause.
three positions of Leader, President, and
Treasurer. 11.9 All members of the Provincial Executive
shall be members in good standing of the
ii) The positions of Vice-President,
BC NDP.
Members-at-Large, Regional
Representatives, and YND 11.10 The Table Officers shall consist of the
Representatives shall have at least 50% Leader, President, Treasurer, the Labour
women. Vice-President, the six Vice-Presidents, the
Equity Vice-President, and the Provincial
11.2 It shall be a specific responsibility of the
Director (who shall have no vote).
Provincial Executive to oversee the
11.11 The Table Officers shall deal with
administration of the BC NDP and to
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administrative matters and matters of clear terms of four years, and no member may
emergency. Minutes of Table Officers’ serve more than one consecutive term.
meetings will be provided to the Executive 12.3 The election of Oversight Committee
and the Table Officers will be responsible members shall be staggered so that no
to the Executive. more than two members are elected at one
11.12 The Executive will administer matters of time. In the first election of the Oversight
political and strategic importance to the BC Committee, three members shall be
NDP and will ratify and oversee the elected, two for four years and one for two
decisions of the Table Officers. The years.
Executive shall be responsible to Provincial 12.4 The members of the Oversight Committee
Council. The Minutes of the Provincial shall choose a Chair from among their
Executive meetings shall be distributed in a number.
timely manner to the Provincial Council.
12.5 There shall be gender diversity on the
11.13 The Provincial Council shall deal with all Oversight Committee.
matters of BC NDP policy between
12.6 During their term of office, Oversight
Conventions. The Council will ratify and
Committee Members are barred from
oversee actions of the Executive and Table
holding any other office in the BC NDP,
Officers.
including at the Electoral District
11.14 When an elected position on the Association level. Oversight Committee
Executive other than President becomes members are also barred from being
vacant, the Provincial Council shall appoint employees of the BC NDP during their term
a new person to the remainder of that term of office.
at the next meeting of Provincial Council. If
When a position on the Oversight
the position of President becomes vacant
Committee becomes vacant in mid-term,
during the term of office, the Provincial
the Provincial Council shall appoint a new
Council shall appoint a new person from
member to fulfill the period of the term
among the Executive for the remainder of
remaining until the next Provincial
that term.
Convention. At such Convention, an
11.15 For Provincial Executive positions elected election will be held to fulfill the balance of
at Convention or later filled through the the term.
process in Article 11.14, the term shall be
12.7 The Oversight Committee shall examine all
from the date of their election or
financial records, Council, Executive and
appointment until the conclusion of the
Table Officer meeting minutes and other
subsequent regular Convention.
relevant documents at least quarterly. The
material examined shall include
ARTICLE XII — OVERSIGHT appropriate records of Subsidiary
COMMITTEE Organizations primarily controlled by the
BC NDP. The Oversight Committee shall
12.1 The Oversight Committee shall consist of
determine whether bodies of the BC NDP
three members elected at a Provincial
are acting in accordance with the
Convention.
Constitution, policy and directives of senior
12.2 Oversight Committee members shall serve BC NDP bodies. Additionally, the Oversight
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Committee shall have the right to determine Provincial Council to amplify, extend and
whether receipts are properly recorded and add to policy decisions enunciated by the
that expenditures have been authorized by Convention and that such amplifications or
the Provincial Convention, Council, extensions not be inconsistent with existing
Executive, Table Officers or other Convention policy.
appropriate authority. Where policy revisions are considered
12.8 The Oversight Committee shall report on appropriate and urgent or where the
its activities and findings to Provincial problems are unable to be resolved in
Council and Convention. discussion with the appropriate duly
12.9 At its sole discretion, the Oversight constituted body of the BC NDP, the matter
Committee may report to the Table Officers shall be directed to the Provincial Council
or Provincial Executive. for decision in accordance with this Article.
12.10 At its sole discretion, the Oversight 13.4 It shall be the right of any individual
Committee may make expenditures as member of the BC NDP to attend open
required of funds allocated to its operations meetings of the Provincial Council.
by Convention or Provincial Council. 13.5 Members of the BC NDP who are members
Details regarding the nature of such of the Legislative Assembly of British
expenditures, along with appropriate Columbia or the House of Commons may
receipts, shall be presented at the time of attend meetings of the Provincial Council
the Committee’s report to Convention. and shall have voice but not vote.
13.6 Meetings of the Provincial Council shall be
ARTICLE XIII — PROVINCIAL called by the President. Calls may be
COUNCIL issued on the order of the Provincial
13.1 The Provincial Council of the BC NDP shall Executive or two-thirds (2/3) of the
consist of the members of the Provincial members of Provincial Council.
Executive, one delegate chosen by each There shall be a minimum of four meetings
Provincial Electoral District Association, of the Provincial Council in each calendar
four members chosen by the BC YND, six year.
representatives of affiliated organizations, 13.7 A per capita assessment to cover the costs
a Co-Chair of the Sexual Orientation and of Provincial Council meetings shall be
Gender Identity Caucus, a Co-Chair of the levied on every Provincial Electoral District
Persons Living with Disabilities Caucus, a Association.
Co-Chair of the Indigenous People’s 13.8 The Provincial Council shall determine the
Committee, two representatives of the annual and supplementary budgets of the
Black, Indigenous, and People of Colour BC NDP and the raising and division of
Committee and the Past President. contributions, such decisions to be
13.2 Subject only to the authority of the implemented by the Executive. Provincial
Convention and the provisions of this Council shall review these decisions and
Constitution, the Provincial Council shall be their implementation at least yearly with full
the governing body of the BC NDP between consultation with Electoral District
Conventions. Associations and the Provincial Executive.
13.3 It shall be a specific responsibility of the
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ARTICLE XIV — APPEAL summarily, and its decision shall be final
with no appeal to any other body.
14.1 Each member of the BC NDP, including
candidates for, and holders of, public office 14.7 The Provincial Executive may make any
has covenanted that: additional rules that are necessary to deal
with appeals or dispute resolution
“I accept and will abide by the Constitution,
procedures in a fair and expedient manner.
principles and policies of the BC NDP.”
Remedies under this part include
Breach of this covenant is a violation of the reprimand, prohibition from seeking BC
Constitution. NDP or public office, fines and suspension
14.2 A complaint may be lodged with the of membership for up to two years.
President by any member or constituted 14.8 It is a breach of the principles and policies
body of the BC NDP alleging a violation of of the BC NDP for any member to seek
the Constitution or a statement or action redress for any complaint against another
resulting in severe and evident injustice to member or body of the BC NDP in relation
a member or constituted body of the BC to BC NDP affairs through public notice or
NDP in relation to BC NDP affairs. solicitation, or legal redress without first
14.3 Satisfaction must first have been sought exhausting the procedures outlined in this
under existing BC NDP procedures and Constitution, and following the directions of
rules of the appropriate bodies before the the Provincial Council in their final decision.
appeal is directed to the President. 14.9 If the complaint to the President
14.4 Such complaint must be in writing, must set concerns allegations of malfeasance with
out the details of the action or statement respect to BC NDP funds or property
which gave rise to the complaint, the (including wilful abuse or improper
remedy sought, and such evidence as may personal profit from the handling of BC
be pertinent. NDP funds or data, knowing and wilful
14.5 The President, or persons appointed by the criminal action in the course of publicly
President, shall endeavour to achieve an acting on the BC NDP’s behalf, or similar
amicable settlement. If this is not serious conduct), the possible penalty
successful, the President, with the advice under this part is expulsion from the BC
of the Table Officers, shall appoint a special NDP.
panel to promptly mediate the dispute, or if 14.10 The procedures to be followed under
a mediated solution is not possible, make Article 14.09 are the same as those under
recommendations as to the appropriate Articles 14.02 to 14.08, except that the
resolution of the dispute to the Provincial original complaint must specifically state
Executive. that the remedy sought is expulsion.
14.6 The Provincial Executive shall determine False or malicious complaints under Article
the matter promptly and communicate their 14.9 is a breach of the principles and
decision to the persons concerned. The policies of the BC NDP.
persons concerned have 30 days from 14.11 At any hearing the complainants and the
receiving notice of the decision to appeal to defendants shall each be entitled to one
the Provincial Council. Provincial Council representative of their choice to speak on
shall determine the matter promptly and their behalf.
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14.12 ARTICLE XVI — SUBSIDIARY
(a) In any case where a complaint is made ORGANIZATIONS
against the BC NDP President, the 16.1 The Provincial Executive shall be
complaint shall be referred to the Chair of empowered to create Subsidiary
the Oversight Committee or any member Organizations to manage properties of the
thereof, and the Oversight Committee, or a BC NDP and for other such purposes as
majority thereof, shall have all the powers may become necessary.
and responsibility to determine the matter
16.2 The Table Officers shall be the
by settlement or otherwise without referring
Directors of any such organizations, and
the matter to the Table Officers or any
the Provincial Executive shall be the
“special panel”.
members of the organizations.
(b) In any case where the BC NDP
16.3 Any such organizations shall present
President has a conflict of interest as
minutes, financial statements, and annual
determined by the Oversight Committee or reports to Provincial Council and Provincial
a majority thereof, the BC NDP President Convention.
shall have no involvement in the complaint
16.4 The minutes of any such Subsidiary
process and all their responsibilities with
Organizations shall be distributed in a
regards to the resolution of the complaint
timely manner to Table Officers, Provincial
shall be assumed instead by the Oversight
Executive and Provincial Council.
Committee.
16.5 All duly constituted bodies of the BC NDP
(c) In any case where a complainant
may be empowered to create Subsidiary
believes that the BC NDP President has a
Organizations to manage properties and
conflict of interest, they may refer the issue
for other such purposes as may become
of the conflict of interest to the Oversight
necessary.
Committee, which shall in any event have
exclusive authority to determine the 16.6 All such Subsidiary Organizations shall be
approved in advance by the Provincial
existence of a conflict of interest and
Executive and must be primarily controlled
thereupon act accordingly.
by the BC NDP.
(d) Insofar as applicable, the provisions of
Articles 14.2 through to 14.11 shall apply 16.7 All such Subsidiary Organizations shall
present minutes, financial statements, and
with such modifications as are necessary
to give effect to this provision. annual reports to their applicable general
and annual general meetings.
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ARTICLE XVII — AMENDMENT
17.1 Amendments to this Constitution shall be
dealt with as resolutions submitted under
Articles 8.5, 8.6 and 8.7 of this Constitution,
and shall require a two-thirds majority of
delegates present and voting to pass.
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