Black Cultural Society Act (amended)
BILL NO. 45
2nd Session, 62nd General Assembly
63 Elizabeth II, 2014
Black Cultural Society Act
The Honourable Keith Colwell
First Reading: October 20, 2014
Second Reading: October 28, 2014
Third Reading: November 6, 2014 (LINK TO BILL AS PASSED)
(a) amends the composition of the Board of Directors;
(b) replaces one-year terms with three-year terms;
(c) provides for staggered terms by having two members serve for a one-year term and two serving for a two-year term initially;
(d) removes a clause which set up the Board's first Executive Committee;
(e) reduces the current eligibility to serve six consecutive terms of office to two consecutive terms;
(f) reduces the 11 member quorum for the Board of Directors to seven; and
(g) allows for participation in meetings by electronic means.
Clause 2 revises the titles of the officers of the Society and provides that all will be elected from among the Board of Directors.
Clause 3 adds by-law making powers for the Board of Directors.
Clause 4 changes the word "mailed" to "delivered" and sets the quorum for meetings of the Society.
Clause 5 changes the time frame for the annual meeting from within two months of the Society's fiscal year end to 120 days.
Clause 6 repeals a former amending Act which was never proclaimed in force.
Clause 7 provides for the transition to the terms contained in this Bill.
Be it enacted by the Governor and Assembly as follows:
1 (1) Subsection 5(1) of Chapter 101 of the Acts of 1977, the Black Cultural Society Act, is repealed and the following subsection substituted:
(1) There shall be a Board of Directors composed of up to twelve members, who are members in good standing of the Society, as follows:
(a) one member resident in the Halifax Regional Municipality;
(b) one member resident in the area comprising the Counties of Colchester, Pictou and Cumberland;
(c) one member resident in Cape Breton Island;
(d) one member resident in the area comprising the Counties of Hants, Kings and Annapolis;
(e) one member resident in the area comprising the Counties of Shelburne, Lunenburg and Queens;
(f) one member resident in the area comprising the Counties of Yarmouth and Digby;
(g) one member resident in the area comprising the Counties of Antigonish and Guysborough;
(h) five members at large.
(2) Subsection 5(2) of Chapter 101, as amended by Chapter 98 of the Acts of 1980, is further amended by
(a) adding ", subject to subsection (3)," immediately after "and" in the second line; and
(b) striking out "until the conclusion of the next annual meeting" in the third line and substituting "for a term of three years".
(3) Subsection 5(3) of Chapter 101 is repealed and the following subsection substituted:
(3) For the year 2014 only, the first two directors elected at the annual meeting shall hold office for one year and the next two directors elected shall hold office for two years.
(4) Subsection 5(4) of Chapter 101, as amended by Chapter 98 of the Acts of 1980, is further amended by
(a) striking out "six" in the third line and substituting "two"; and
(b) adding "unless the member has time remaining to serve in an office position" immediately after "office" in the last line.
(5) Subsection 5(6) of Chapter 101, as amended by Chapter 98 of the Acts of 1980, is further amended by striking out "eleven" in the second line and substituting "seven".
(6) Section 5 of Chapter 101, as amended by Chapter 98 of the Acts of 1980, is further amended by adding immediately after subsection (6) the following subsection:
(7) A meeting of the Board of Directors or any subcommittee of the Board may be held, or a Director or the President may participate in a meeting of the Board or a subcommittee of the Board, by telephone or video conference call, and a Director participating in a meeting by such means is deemed to be present at the meeting, is counted in determining whether a quorum is present and is eligible to vote.
2 Section 7 of Chapter 101 is repealed and the following Section substituted:
7 (1) The officers of the Society are
(a) the persons elected pursuant to subsection (2); and
(b) the Past President.
(2) The Board of Directors shall elect from its own members
(a) a President;
(b) a Vice-president;
(c) a Secretary;
(d) a Treasurer;
(e) a Finance Director; and
(f) such other officers as may be provided for in the by-laws,
to hold office for a two-year term or such other term set by by-law.
3 Subsection 9(2) of Chapter 101, as amended by Chapter 98 of the Acts of 1980, is further amended by
(a) striking out the period at the end of clause (f) and substituting a semicolon; and
(b) adding the following clauses:
(g) prescribing the procedure for and circumstances under which electronic and proxy voting may be used;
(h) prescribing the methods by which notice may be given and documents delivered.
4 (1) Subsection 10(1) of Chapter 101 is amended by striking out "mailed" in the third line and substituting "delivered".
(2) Subsection 10(2) of Chapter 101 is amended by striking out "determined by by-law" in the last line and substituting "ten members of the Society and seven Directors".
5 Section 12 of Chapter 101 is amended by striking out "two months" in the last line and substituting "120 days".
6 Chapter 102 of the Acts of 1986, An Act Respecting the Black Cultural Society and to Repeal Chapter 101 of the Acts of 1977, the Black Cultural Society Act, is repealed.
7 This Act has effect on and after the day on which the annual meeting of the Black Cultural Society for the year 2014 is held.
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