Part 2 - Council Proceedings

Quorum

8 (1)

Any member may participate in a meeting of the Council or a committee by means of conference telephone, video conference, or other communications equipment by means of which all persons participating in a meeting can hear, or see and hear each other, and a member participating in a meeting in such a manner shall be deemed to be present in person at the meeting.

   

8 (2)

Except where these bylaws provide for a greater number, the quorum at a meeting of the Council is 7 members.

   

8 (3)

A bylaw or rule may only be made, amended or repealed at a Council meeting at which at least 8 members are present.

   

8 (4)

Where the Council delegates any power, duty or responsibility under section 15 of the Act, it shall do so only at a meeting at which at least 8 members of Council are present.

Resolution Instead of Meeting

9

Where a meeting is not held, a resolution in writing shall be valid and effectual as if it had been passed at a meeting of the Council duly called and constituted when:

 

(a)

receipt of the proposed resolution is confirmed in writing and returned to the executive director by all members, and

(b)

the resolution is agreed to, in writing, by at least 8 of the members.

Meetings

10 (1)

The Council shall hold regular meetings at least 4 times per year on a quarterly basis.

 

 

10 (2)

At the first meeting of the Council after October 31, Council shall approve a schedule of regular Council meetings for the succeeding year.

 

 

10(3)

Unless specified otherwise by the Chair, all Council meetings will be held at the head office of the Real Estate Council of Alberta.

 

 

10 (4)

At least ten (10) days prior to each regular Council meeting, the executive director shall use best efforts to forward a meeting package to all Council confirming the time, date and location of the meeting, together with an agenda and sufficient detail of all business to be transacted at the meeting to allow each member to be adequately informed of the issues.

 

 

10 (5)

Notwithstanding anything in this section, the Chair may call a special meeting of the Council on providing at least 24 hours' written notice to each member, stating the purpose of the meeting and the date, time and place at which the meeting is to be held.

 

 

10 (6)

Notice of a meeting under this section is deemed to have been given to a member if the notice is delivered to an adult person at the member's home or place of business, or delivered by fax or by e-mail to the fax number or e-mail address provided by the member to the executive director.

Rules of Procedure

11

Except as otherwise provided in the Act, the regulations, the bylaws or the rules, all meetings of the Council and any committee shall be governed by the rules of procedure in the attached Schedule 1 – Rules of Procedure.

Establishing Committees

12 (1)

The Council may establish standing, advisory or ad hoc committees.

 

 

12 (2)

On establishing a committee, the Council shall establish a terms of reference for the committee that includes:

 

(a) the mandate of the committee,
(b) the composition of the committee,
(c) the quorum of the committee,
(d) the staff resources of the committee,
(e) the reporting requirements of the committee to the Council, and,
(f)if an ad hoc committee, the term of the committee.

 

 

12 (3)

The standing committees of Council are:
(a) Finance Committee,
(b) Hearings Committee,
(c) and,Audit Committee.

 

 

12 (4)

The advisory committees of Council are the:
(a) Residential Real Estate Advisory Committee,
(b) Commercial Real Estate Advisory Committee,
(c) Property Management Advisory Committee,
(d) Mortgage Brokers Advisory Committee,
(e) Real Estate Appraisers Advisory Committee, and,
(f) Consumer Advisory Committee.

 

 

12 (5)

The composition of a committee must include at least one member of Council, and may include industry members and the public at large.

 

 

12(6)

Subject to subsection (7), the Chair shall make all committee appointments, including the committee chair, except the Audit Committee which appointments shall be made by Council.

 

 

12 (7)

The terms of reference of a committee may provide for appointments to be made to the committee by a specified external organization.

 

 

12 (8)

The effective and expiry dates of appointments to committees shall occur as follows:

 

(a)

all appointments to committees shall be effective on the date of appointment by the Council, Chair, or external organization, as the case may be, and shall expire on October 31 of each applicable year, unless specified otherwise by the Chair;

(b)

notwithstanding that an appointment has expired, the individual appointed shall remain in office until a successor is appointed.

   

12 (9)

Any recommendation or decision of a committee established under this section must be ratified by Council prior to being acted on.

Records of Proceedings

13 (1)

The Council shall keep minutes of its meetings and each committee shall provide a record of their proceedings.

   

13 (2)

Minutes of Council meetings and bylaws, rules and resolutions must be signed by the Chair and at least one other person so authorized by the Council.

   

13 (3)

The record of any committee proceedings must be signed by the person presiding at the meeting.

Irregular Appointments

14

Subject to the quorum requirements, all actions taken by the Council or by any person acting as a member are valid notwithstanding that a person is not qualified to be a member or that there was a defect in the appointment of that person as a member of the Council.

 

Continue with Part 3 - Administration

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