Part 1 - Council Members

Appointment of Members

2 (1)

The appointment of members under section 6(1)(e) of the Act shall occur as follows:

 

(a)

for the purposes of appointing an industry member, notice shall be provided to industry members who are not members of the Alberta Real Estate Association, in a manner the appointing members determine appropriate, of the times during which nominations for appointing an industry member as a member of Council will be received;

(b)

for the purposes of appointing a person who is not an industry member, notice shall be provided to the public in a manner the appointing members determine appropriate of the times during which nominations for appointing a member of the public as a member of Council will be received.

 

 

2 (2)

The appointing members shall, within 60 days of receiving the nominations, jointly appoint a member to the Council.

 

 

2 (3)

In the event an association fails to appoint a member under section 6 of the Act within 120 days of receiving notice of the vacancy as provided under subsection (5), the Council may appoint the member in any of the following ways that the Council determines appropriate:

 

(a)

through an election in which only industry members, who are also members of the association which failed to appoint a member, are entitled to vote;

(b)

by appointment at the discretion of the Council from among industry members who are also members of the association which failed to appoint a member;

(c)

by appointment at the discretion of the Council from among all industry members.

 

 

2 (4)

Any appointment by the Council under subsection (3) does not invalidate nor impair the right of an association to appoint a member in accordance with section 6 of the Act on a vacancy occurring in the office of the member appointed under subsection (3).

 

 

2 (5)

Where a vacancy on the Council occurs, the executive director is given notice by a member that the member is resigning from Council or an appointment is about to expire, the executive director shall:

 

(a)

in the event of a resignation, provide written or oral notice to the association or person responsible for appointing the member as soon as possible following receipt of the notice from the member,

(b)

in the event of a vacancy, provide written or oral notice to the association or person responsible for appointing the member as soon as possible on becoming aware of the vacancy occurring, or

(c)

in the event of an appointment expiring, provide the association or person responsible for appointing the member with at least 90 days' prior written notice of the date of expiry of the appointment.

 

 

2 (6)

The effective and expiry dates of appointments of members to Council under section 6 of the Act shall occur as follows:

 

(a)

all appointments shall expire on October 31 of the applicable year and new appointments shall be effective on November 1 of the applicable year;

(b)

notwithstanding that a member's term of office has expired, the member shall remain in office until a successor is appointed.

Members' Duties

3 (1)

Each member shall

 

(a)

fulfill the purposes of the Council under the Act,

(b)

serve as a link between the industry and members of the public, and bring to the Council's attention anything that would affect the welfare or interests of the industry and the public,

(c)

participate in developing and evaluating the policies and programs of the Council and, more generally, in developing and evaluating the policies and programs affecting the industry,

(d)

obtain information about the operation or administration of the Council from the executive director or a person designated by the executive director,

(e)

keep in confidence matters discussed in private by Council or a committee of Council, until published under section 55 of the Act, or released as public information by the Council,

(f)

attend the meetings of Council except as provided under subsection (2),

(g)

co-operate with and respond to requests for signatures confirming receipt of resolutions under section 10, and

(h)

exercise the powers, functions and duties delegated to that member by the Council in accordance with the bylaws and the rules.

 

 

3 (2)

A member of Council is disqualified if the member is absent from three consecutive Council or committee meetings or is absent from a total of four Council or committee meetings over a 12 month period.

 

 

3 (3)

A member of Council is not disqualified by being absent from Council or committee meetings under subsection 3(2) if the Chair or committee chair, before or after a meeting, excuses the member from attending the meeting if the Chair or committee Chair considers that the member has a valid reason for not attending or if the Council member is absent from a Council meeting or committee meeting on Council business at the direction of Council.

Remuneration

4 (1)

Each member of the Council is entitled to remuneration and expenses at rates set by the Council for carrying out duties as a member of the Council or as a member of a committee established by the Council.

 

 

4 (2)

The Council shall review the rates of remuneration and expenses annually when it sets its operating budget for the succeeding fiscal year.

 

 

4 (3)

No member shall be reimbursed for expenses incurred in respect of a person other than the member unless the Council approves such reimbursement in advance.

 

 

4 (4)

If a member of the Council or a person appointed to a committee receives reimbursement for the same expenses from another source or entity other than the Council, that member or person shall repay to the Council any money received as reimbursement for those same expenses under these bylaws.

Officers of Council

5 (1)

The officers of the Real Estate Council of Alberta are the Chair, Chair-elect, Past Chair, and executive director.

 

 

5 (2)

At the last meeting of the Council prior to November 1st, at which at least ten (10) members of Council are present, the members shall elect a Chair and a Chair-Elect from among the members.

 

 

5 (3)

For the purposes of (2) above regarding the election of the Chair-Elect, the following rules of procedure will apply:

  (a) Any member of Council who wishes to stand for election to the position of Chair-Elect, shall declare their intention to the executive director by e-mail at least 30 days prior to the meeting of Council at which time the Chair-Elect will be elected by Council;
  (b) The executive director shall, as soon as practical following the deadline for receipt of declarations, notify all Council members of the names of the individuals who have declared their intention to stand for election to the position of Chair-Elect;
  (c) A member of Council who has declared their intention to stand for election to the position of Chair-elect, may withdraw their name at any time prior to the election by notifying the executive director by e-mail and the executive director shall notify all Council members as soon as practical;
  (d) Prior to voting at the meeting of the election each candidate will be given the opportunity to address the members of Council or if not present, may write an announcement to be read by the Chair of Council;
  (e) A member of Council does not have to be present at the meeting to be elected to the position of Chair-Elect;
  (f) If the result of the election is a tie vote, each individual who is a candidate for the position of Chair-Elect will be given an opportunity to address the members of Council, without further comment or question from any of the other members of Council, before a second vote is conducted; and,
  (g) If there is a tie after a second vote is conducted, using the same procedure outlined in (f) above, Council will conduct as many votes as are necessary until such time as the tie is broken.
  (h) If following the election of a Chair-Elect, the Chair-Elect resigns, becomes ineligible or is unable to act as Chair-Elect for any reason, the Council will elect a new Chair-Elect at the next regular meeting of Council following notification or an earlier date scheduled by the Chair at which at least ten (10) members of Council are present.  The rules of procedures set out in s. 5(3)(a) through (g) will apply.

 

 

5 (4)

For the purposes of (2) above regarding election of the Chair, the following rules of procedure will apply:

  (a) The member of Council does not have to be present at the meeting to be elected to the position of Chair; and
  (b) The Chair-elect will be deemed elected to the position of Chair.

 

 

5 (5)

Following the election of a Chair, the member who held the position of Chair prior to this meeting shall hold the office of Past Chair if that member agrees and is otherwise eligible to be a member of Council.

 

 

5 (6)

Subject to subsection (6), a member elected as Chair or Chair-elect, and the Past Chair, holds their office for a one-year term.

 

 

5 (7)

The Council may, under special circumstances, elect a member as Chair or Chair-elect for a second one-year term.

 

 

5 (8)

In the event a member is elected to the position of Chair for a second term as provided in subsection (5), the term of the member holding the office of Past Chair shall be extended by the same second term if that member agrees and is otherwise eligible to be a member of Council.

 

 

5 (9)

The effective and expiry dates of terms of members elected as Chair or Chair-elect, and the Past Chair shall occur as follows:

 

(a)

all terms shall expire on October 31 of each applicable year and new terms shall be effective on November 1 of each applicable year;

(b)

notwithstanding that a member's term of office has expired, the member shall remain in office until a successor is appointed.

Ex Officio Committee Members

6 (1)

The Chair and executive director are ex officio members of all committees.

 

 

6 (2)

The Chair shall be a voting member of all committees unless specified otherwise in the committee terms of reference approved by Council.

 

 

6 (3)

The executive director shall be a non-voting member of all committees unless specified otherwise in the committee terms of reference approved by Council.

Duties of Chair, Chair-Elect and Past-Chair

7 (1)

The Chair shall:

 

(a)

perform the duties specified in the Act and these bylaws;

(b)

fulfill the duties of office as described in the Chair’s position description approved by Council; and,

 

(c)

perform any other duties assigned by Council.

 

 

7 (2)

The Chair-elect shall:

 

(a)

when the Chair is absent or unable to act, discharge all the duties of the Chair;

(b)

fulfill the duties of office as described in the Chair-elect’s position description approved by Council; and,

 

(c)

perform any other duties assigned by Council.

 

 

7 (3)

The Past-Chair shall:

 

(a)

when both the Chair and Chair-elect are absent or unable to act, discharge all the duties of the Chair;

(b)

fulfill the duties of office as described in the Past-Chair’s position description approved by Council; and,

(c)

perform any other duties assigned by Council.

 

Continue with Part 2 - Council Proceedings

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