1997 Legislative Session: 2nd Session, 36th Parliament

The following electronic version is for informational purposes only.
The printed version remains the official version.


BILL 55 – 1998



1  Definitions
2  Association
3  Objects of the association
4  Powers of the association
5  Membership in the association
6  Board of directors
7  Officers
8  Meetings of the association
9  Meetings of the board
10  Bylaws
11  Other corporate matters
12  Transitional

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:


1 In this Act:

"association" means the Association of Former M.L.A.s of British Columbia under section 2;

"board" means the board of directors of the association;

"former M.L.A." means a person who was, but is not currently, a member of the Legislative Assembly;

"special resolution" means a special resolution as defined in the Society Act.


2 The society established as the Association of Ex-M.L.A.s of British Columbia, registered under the Society Act as incorporation number S23170, is continued as a non-profit corporation under this Act, to be known as the Association of Former M.L.A.s of British Columbia.

Objects of the association

3 (1) The objects of the association are

(a) to put the knowledge and experience of its members at the service of parliamentary democracy in British Columbia and elsewhere,

(b) to serve the public interest by providing non-partisan support for the parliamentary system of government in British Columbia,

(c) to foster a spirit of community among former M.L.A.s,

(d) to foster good relations between current and former M.L.A.s, and

(e) to protect and promote the interests of former M.L.A.s.

(2) The association must not pursue its objects for any partisan political purpose.

Powers of the association

4 (1) For the purposes of this Act, the association has the power and capacity of a natural person of full capacity.

(2) Without limiting subsection (1), the association may do the following for the purposes of furthering its objects:

(a) initiate, finance and administer programs and activities relevant to its objects, including programs and activities by government, public or private organizations and agencies or individuals;

(b) establish and award scholarships, fellowships or bursaries for study related to its objects;

(c) recognize, by means it considers appropriate, outstanding contributions to the promotion and understanding of British Columbia's parliamentary system of government;

(d) acquire, establish and manage any charitable or benevolent work, undertaking or foundation it considers appropriate;

(e) do such other things as are conducive to the fulfillment of its purpose and to the exercise of its objects.

Membership in the association

5 (1) All former M.L.A.s are eligible to be members of the association and may become members of the association in accordance with its bylaws.

(2) Other persons may be made honorary members or associate members of the association in accordance with its bylaws.

Board of directors

6 (1) The affairs of the association must be managed by a board of directors consisting of the president, vice president and other directors elected, appointed or holding office in accordance with the bylaws of the association.

(2) The president of the association must preside at meetings of the board and may perform other duties as may be assigned by the board.

(3) In the absence of the president or if the president is unable to act, the vice president has the powers and responsibilities of the president.


7 The officers of the association are the president, vice president, secretary-treasurer and any other officers provided for by the bylaws of the association.

Meetings of the association

8 (1) The association must hold an annual general meeting at least once each calendar year and may hold other general meetings as convened by the board.

(2) Business to be considered at the annual general meeting of the association must include adoption of a financial statement for the association and any other matters required by the bylaws of the association.

(3) If requisitioned by 10 members of the association, the board must convene a general meeting of the association without delay and, for these purposes, section 58 of the Society Act applies.

(4) The association must give at least 14 days' written notice of a general meeting to those members entitled to receive notice of the general meeting, but those members may waive or reduce the period of notice for a particular meeting by unanimous consent in writing.

Meetings of the board

9 (1) The board must meet at least once each year and may meet at other times as it considers necessary.

(2) If the board holds a meeting and a director participates in the business of the meeting by electronic means only, the director is deemed to be fully present at the meeting for the purposes of this Act.

(3) Subject to the bylaws, a majority of the directors holding office constitutes a quorum at a meeting of the directors.

(4) The affirmative votes of the majority of the directors present at a meeting at which a quorum is present are sufficient to pass a resolution or bylaw of the association.


10 The association may, by special resolution, make bylaws for the association respecting the following:

(a) membership in the association;

(b) the election and appointment of directors, their term of office and the expenses, if any, to be reimbursed to the directors;

(c) the terms of engagement of agents and consultants for the association;

(d) the calling and holding of meetings of the board and committees of the board or association, and the procedure to be followed at such meetings;

(e) the appointment of patrons and honorary members;

(f) the delegation of powers to the board or a committee of the board;

(g) generally, the administration and management of the affairs of the association and the exercise of the directors' powers and the performance of their duties.

Other corporate matters

11 (1) The association is not an agent of the government and the directors, officers and employees of the association are not part of the public service.

(2) Subject to this Act and a regulation under subsection (3), the Society Act, the Company Act and the Company Clauses Act do not apply to the association.

(3) The Lieutenant Governor in Council may, by regulation, provide that provisions of the Society Act or the Company Act apply to the association.

(4) Subject to a bylaw of the association providing for the remuneration of officers, employees and agents of the association,

(a) any profits or accretions to the value of property of the association must be used to further the activities of the association, and

(b) no part of the property or profits of the association may be distributed, directly or indirectly, to any member of the association.

(5) In the event that the association is dissolved or wound up, its assets remaining after payment of liabilities must be distributed to one or more charitable organizations in British Columbia.


12 On the coming into force of this Act,

(a) the Association of Ex-M.L.A.s. of British Columbia ceases to be a society under the Society Act,

(b) the persons who are members and honorary members of the Association of Ex-M.L.A.s. of British Columbia at that time are the members and honorary members of the association,

(c) the persons who are the directors and officers of the Association of Ex-M.L.A.s. of British Columbia at that time are the directors and officers of the association, and

(d) to the extent they are consistent with this Act, the bylaws of the Association of Ex-M.L.A.s. of British Columbia as they were immediately before the coming into force of this Act are continued as the bylaws of the association.

Explanatory Note

This Act establishes the Association of Former M.L.A.s of British Columbia as a statutory society.

Copyright © 1997: Queen's Printer, Victoria, British Columbia, Canada