Ethics and By-Laws
The original by-laws were adopted on the 7th June, 1963. The following represent the latest version, revised to include changes approved at Annual Meetings from 1964 to present.
- Art. I - Name
- Art. II - Head office
- Art. III - Definitions
- Art. IV - Objects
- Art. V - Property
- Art. VI - Registration
- Art. VII - Registration Certificate
- Art. VIII - Fees and Revenue
- Art. IX - Meetings of the Association
- Art. X - Council
- Art. XI - Officers
- Art. XII - Auditors
- Art. XIII - General Finance
- Art. XIV - Board of Examiners
- Art. XV - Seal Art. XVI - Change in Bylaws
- Appendix 1 - Electoral Districts
- Appendix 2 - Official Seal
The corporation shall be known as the "Association of the Chemical Profession of Ontario in English, and as "Association des chimistes professionnels de l'Ontario" in French.
ARTICLE II (top)HEAD OFFICE
The head office of the corporation shall be in the Province of Ontario, in such place as the Council shall determine.
ARTICLE III (top)
In these by-laws, unless the context otherwise requires:
- "Annual Meeting" means the annual general meeting of the Association of the Chemical Profession of Ontario ("assemblée annuelle");
- "Association" means the Association of the Chemical Profession of Ontario ("association");
- "Council" means the Council of the Association ("bureau de direction");
- "Councillor" means a member of the Council of the Association ("directeur/trice");
- "Member" means a person duly registered with the Association, who shall be known as a Chartered Chemist, and who may use the designation "C.Chem." after his or her name indicating Chartered Chemist status ("membre");
- "Profession" means the profession of Chemistry and Chemical Engineering ("profession");
- "Province" means the Province of Ontario ("province");
- "Register" means the complete list of all members of the Association ("registre");
- "Registrar" means the Registrar of the Association ("registraire");
- "Residence" shall be deemed to be where a member lives or works ("résidence");
- "Member of Council" means any member of the Council of the Association, including the Officers as determined by the Council ("membre du bureau de direction").
ARTICLE IV (top)OBJECTS
The objects of the Association shall be:
- to make the profession of increasing service to industry and the public;
- to maintain high standards of competence, integrity and ethics within the profession;
- to develop further an appreciation of the profession among other professions, industries and the public;
- to improve the conditions under which members of the profession are working within the province;
- to promote among students a recognition of the importance of the study of chemistry and chemical engineering;
- to promote and increase the knowledge, skill, and proficiency of its members in all things relating to chemistry and chemical engineering;
- to improve the standards of excellence in research, investigation, education, and publicity as they pertain to the profession;
- to do any other thing that the Council reasonably considers will further its objects.
ARTICLE V (top)PROPERTY
- The Association may acquire by purchase, lease, gift, devise, bequest or donation, or otherwise, and hold real and personal property for its purpose, and may sell, exchange, lease, mortgage, or otherwise dispose of such real and personal property or any part thereof as the occasion may require.
- For the purpose of establishing a scholarship fund or other educational assistance, solicit, acquire, accept or receive gifts, donations, bequests or subscriptions of money or other real or personal property, and may hold, manage, improve, develop, exchange, lease, sell, turn to account or otherwise deal with such real or personal property obtained for such purpose.
ARTICLE VI (top)REGISTRATION
- Individuals who possess the following academic qualifications, or training and experience may be admitted as members:
- An Honours Degree in Chemistry or its equivalent in Chemical Engineering or the Chemical Sciences from an institution accredited by the Association. In addition, two (2) years of work experience under conditions acceptable to the Association are required. Post Graduate training will be credited as equivalent to work experience; or
- Lower academic qualifications such as a three-year Bachelor's degree with a Chemistry Major with extensive experience [minimum five (5) years] and a record of professional competence in the chemical field as evidenced by publications, patents, etc.;
- Individuals who have at least six (6) years of suitable experience in the chemical field but who do not possess the above academic qualifications may qualify for membership by passing examinations set by the Association. Such examinations will be set at the Honours degree level;
- In the case of a ruling by the Board of Examiners that the documentation supplied by an applicant does not meet the requirements for membership as specified in sub-paragraphs (a) to (c), and upon the recommendation of the Chair of the Board of Examiners, the applicant may be invited to an oral interview. This will be conducted by a committee convened by the Chair, and shall consist of at least three (3) Councillors plus other appropriate chemists as required by the Chair. The applicant shall be supplied with the areas which may be covered in the interview at least two (2) weeks before the interview. Discussion and written comments, if any, will guide the committee in its recommendation to the Council to determine the final disposition of such application.
- The Council may waive any requirement of residence in Ontario.
- No corporation, partnership, or association of persons shall be registered with the Association.
- The registration of an applicant, unless the application be refused, shall be construed to be an undertaking to conform to all the by-laws, rules, regulations and requirements of the Association, which may from time to time be adopted.
- A member in good standing who ceases to be a member of the Association may upon payment of the appropriate fee, and subject to the qualifications set for registration by the Association, be re-registered without examination.
- The Council may, by unanimous vote, elect as an honorary life member, any individual who has reached the age of sixty-five (65) years and who has retired or any member who has rendered signal service to the Association or to the profession.
- The name of any member in default of fees or for other justifiable causes may be removed from the register on the order of the Council after one month's notice sent by mail to the member's last registered address.
- The Council may constitute a Discipline Committee to consider the removal of any member from the Register for any reason other than default in payment of fees;
- The Discipline Committee shall be composed of three (3) members of the Council, together with two (2) persons who are not members of the Association, but who are members of a recognized technical group;
- Council shall name one member of the Discipline Committee to be its Chair;
- A majority of members of the Discipline Committee shall constitute a quorum, provided that not less than two (2) members of the quorum shall be members of Council, not less than one member of the quorum shall be a person who is not a member of the Association, and all disciplinary decisions shall require the vote of a majority of the members of the Discipline Committee presiding at the hearing, but in the event of a tie vote, the Chair shall have a second or casting vote;
- Council may direct the Discipline Committee to hold a hearing and determine any special allegation of professional misconduct or incompetence, or any other matter which, in the opinion of Council, requires disciplinary proceedings, in respect of a member of the Association;
In the case of hearings into allegations of professional misconduct or incompetence or any other matter, the Discipline Committee shall:
- consider the allegations, hear the evidence and ascertain the facts of the case;
- determine whether upon the evidence and facts so ascertained, the allegations have been proven;
- determine whether in respect of the allegations so proven, the member is guilty of professional misconduct or incompetence, or is otherwise subject to discipline by the Association;
- determine whether the name of the member is to be removed from the Register in cases where a member has been found guilty of professional misconduct or incompetence or is otherwise subject to discipline;
- recommends for suspension the membership of the member for a stated period of time;
- impose such restrictions on the membership of the member for such a period of time and subject to such conditions as the Discipline Committee designates;
- reprimand the member and if deemed to be warranted, direct that the fact of such reprimand be recorded in the Register;
- if the name of the member has been removed from the Register, to advise whether such member may resubmit an application for membership after such period of time as the Discipline Committee may decide;
- make provision for recording a transcript of the proceedings of any hearing held by the Discipline Committee.
- Where the Discipline Committee recommends that the name of a member be removed from the Register, Council shall require the Registrar to remove the name of the member from the register and to take steps to recover from the member the Certificate as to the member's status as Chartered Chemist;
- The member whose conduct is to be subject of a hearing of the Discipline Committee shall be advised of the allegations made against him or her, and shall be permitted to attend the hearing and to be represented by counsel at such hearing, to question any witnesses who make submissions at the hearing, and to submit evidence and make arguments on his or her own behalf;
- Where the Discipline Committee is of the opinion the holding of a hearing was unwarranted, the Committee may order that the Association reimburse the member for his or her costs or such portion thereof as the Discipline Committee deems appropriate;
- Where the Discipline Committee recommends the removal of the name of a member from the Register, such removal shall be deemed to take place immediately following the decision of the Discipline Committee, notwithstanding that any appeal proceedings may be taken by the member;
- Documents and things put in evidence at a hearing of the Discipline Committee shall, upon request of the person who produced them, be released to him or her by the Committee within a reasonable time after and issue has been finally determined.
ARTICLE VII (top)REGISTRATION CERTIFICATE and ANNUAL REGISTRATION CARD
- Each individual duly registered with the Association shall be issued a personalized Chartered Chemist certificate. The certificate shall bear a serial number and is the property of the Association. When registration is terminated for whatever reason, the certificate shall be returned to the Registrar.
- The certificate shall be in such form as is from time to time authorized by the Council.
- The Registrar shall each year deliver, by mail or otherwise, a registration card to each member in good standing in the Association.
- The registration card shall be in such form as is authorized from time to time by the Council.
- Unless a member's name has been removed from the register, the registration card shall be evidence at first-sight that the holder is registered with the Association within the Province for the year indicated on the card.
ARTICLE VIII (top)FEES AND REVENUE
- Council at its discretion may, from time to time, impose entrance, transfer, or registration fees not to exceed the annual membership fee.
- Candidates for admission who are required to pass a professional examination prescribed by the Association shall pay a fee for such examination, to be determined by Council, which fee shall be payable before such examination, and shall not be returnable.
- The annual fee for members in good standing shall be determined by Council.
- Fees shall be payable on application for registration and thereafter, annually, on the anniversary day of joining the Association.
- Any person who desires to resign from the Association may do so by notifying the Secretary in writing of such desire, provided that the annual fee has been paid for the year in which the resignation is received.
- The Council at its discretion may reinstate on the register, with or without the payment of an entrance fee, any former member who has resigned or who has ceased to be a member for non-payment of fees, and at its discretion may waive the payment of all or part of arrears.
ARTICLE IX (top)MEETINGS OF THE ASSOCIATION
- There shall be an annual meeting of the members of the Association held in a place, date and time to be determined by Council, but subsequent to the election of Councillors, no later than June 30.
- Special meetings of the Association may be called by the President when deemed necessary or when requested by a majority of the Council, but must be called by the Secretary when requested in writing, with original signatures, by twenty-five (25) members of the Association.
- A quorum at the annual meeting shall consist of twenty (20) members; at a special meeting, twenty-five members (25).
- Notice of every annual or special meeting of the Association shall be announced by mail at least thirty (30) days before the day on which such meeting is to be held. The non-receipt of such notice by any member shall not invalidate the proceedings at any meeting.
- Notice of any special meeting shall state the purpose or purposes for which the meeting is called. Only the subject or subjects for which the meeting is called may come before the meeting.
- The order of business of the annual meeting shall be prepared by the Council.
ARTICLE X (top)COUNCIL
The affairs of the Association shall be directed by a Council established as follows:
- The Council shall consist of not fewer than fifteen (15) and not more than twenty-five (25) members of the Association, as the Council may determine, elected from the membership of the Association. Up to three (3) non-members may be appointed to the Council, but may not hold office.
- Suitable electoral districts, as described in Appendix 1, shall be established by the Council which may take into consideration the general distribution of members in the Province.
- The Council shall have the power to create or alter the boundaries of the electoral districts at any time, and shall determine the number of councillors each shall elect. The President of the Association shall be Chair of the Council.
- At the first election to be held after the first annual meeting of the Association, one-half, or approximately one-half, of the Councillors shall be elected for a one-year term and the remaining Councillors for a two-year term. At subsequent elections, Councillors shall be elected for a term of two years. Councillors shall be eligible for re-election.
The election of Councillors of the Association shall be held using the following procedure for each district herein described:
- The Council shall appoint a nomination committee of two (2) members for each electoral district where the term of office of the councillor expires, proposed by the current Councillor. This appointment shall be made on or before the first of November previous to the election year;
- The nomination committee shall report a list of the nominee(s) to the Secretary of the Association on or before the 30th of January in the year of the election;
- The Secretary of the Association shall, on or before the 15th of February in the year of the election, send to each voting member, a copy of the nomination(s) made for Councillors, and shall at that time ask for further nominations;
- Further nominations for Councillors may be made by any five (5) voting members qualified to vote within the electoral district. To be valid, all nominations shall be in the hands of the Secretary by the 15th of March. The Secretary shall after the 15th of March, notify the members of a District of the names of those nominated for their District, and the need for an election;
- No nomination shall be valid unless accompanied by the written consent of the nominee to serve on the Council if elected;
- The voting for Councillors shall be by ballot of the voting members in the electoral district in which the nominees are candidates, and shall be completed by April 15.
- A Councillor normally resides or works in the district for which the Councillor holds office. The position of Councillor shall be declared vacant if that Councillor's residence or place of work is no longer in the district for which the Councillor holds office, or if a written resignation has been received by the Council, or if the position is vacated for any other reason. Such vacancy may be filled by an appointee of the Council, a majority vote of members of Council being required to make such appointments, the appointee to be chosen from the same electoral district, and to hold office for the unexpired term of office of the Councillor whose vacancy is being filled.
- The Council shall perform all the general duties of a Board of Directors as outlined in Robert's Rules of Order, and shall have control and custody of the funds of the Association; shall consider and deal with applications for admission and registration; shall appoint committees or agents to carry on the work of the Association as stated in the Act of the Association.
- The President shall be elected every two (2) years by the Council, not necessarily from those on Council, and the newly-elected President shall take office immediately after the annual meeting. The President shall not be eligible for re-election for more than two (2) successive terms.
- The Vice-President shall be elected every two (2) years by the Council, not necessarily from those on Council, and the newly-elected Vice-President shall take office immediately after the annual meeting.
- A member of the Council may be paid such remuneration as Council may determine for services to the Association or for out-of-pocket expenses incurred on official business for the Association.
- Meetings of the Council may be held at any time or place and may be called by the President or by any five Councillors.
- Notice of such meetings shall be directed to each member of the Council at least fourteen days before the meeting is to take place. Such notice shall indicate the time, place and purpose of such meeting.
- At any meeting of the Council, a majority of the members of the Council constitutes a quorum.
- Questions arising at any meeting of the Council shall, unless otherwise herein provided, be decided by a majority of the votes of members of Council present or represented by proxy. The chair will not vote except to cast a deciding vote in the case of a tie.
- Notwithstanding anything otherwise stated in these by-laws, a meeting of the Council shall be called by the President not less than twice per year. One of these meetings may be held in conjunction with the annual meeting of the Association.
- The same person may hold more than one office of Registrar, Secretary and Treasurer.
- The Council at its discretion may retain a permanent Registrar or Registrar-Secretary with the remuneration to be determined by Council. In such case, the duties become those as defined in Article XI.
ARTICLE XI (top)OFFICERS
- The Officers of the Association shall consist of the President; Vice-President; Registrar; Secretary; Treasurer; and such other Officers as are determined by the Council as necessary for the proper functioning of the Association. The duties of the Officers shall be determined by the Council.
ARTICLE XII (top)AUDITORS
- Council shall appoint an Auditor or Auditors for the ensuing year who shall examine and audit the accounts of the Treasurer for that year and submit a report to the Council upon the financial statement of the Treasurer, for presentation at the following annual meeting of the Association.
- The Auditor shall have power to call for all accounts, vouchers, minutes, books, bonds, and other information which may be necessary for a complete audit of the financial affairs of the Association.
ARTICLE XIII (top)GENERAL FINANCE
- The fiscal year of the Association shall end on the thirty-first day of December.
- Any two (2) of the officers, or one officer and a Councillor designated by Council, shall sign all cheques, bills of exchange, or other negotiable instruments.
- Responsibility for the financing of general meetings, conferences, conventions or special meetings shall rest with the Council. Funds for these purposes may be accepted from interested persons, corporations or governments.
- Funds of the Association not needed for immediate purposes may be invested in such securities as the Council shall from time to time direct. Council may also direct the sale, transfer or the disposal of said securities.
ARTICLE XIV (top)BOARD of EXAMINERS
- There shall be a Board of Examiners appointed by the Council which shall examine and pass judgment upon the qualifications of applicants for registration, and which shall prescribe examinations as required. The Board of Examiners shall report the names of successful applicants to the Council for registration.
ARTICLE XV (top)SEAL
- The corporate seal in a form designed by the Council shall be the seal of the Association, as imprinted in Appendix 2.
- Where the seal of the Association is required by law or by-laws of the Association to be affixed to a document of any nature, it shall be affixed by the Secretary or any appointed member of Council.
- All documents required to be executed under seal shall be signed by the President and Secretary or any two appointed Councillors.
ARTICLE XVI (top)CHANGE in BYLAWS
- Proposals to introduce new by-laws, or to amend or replace existing by-laws, shall be originated by the Council, or presented to the Council, signed by at least fifteen (15) members, and shall reach the Secretary not later than the 31st day of January of any year, if the same are to be considered at the next annual meeting of the Association.
- The Council shall consider the proposals, and either lay the matter before the Association at the next annual meeting thereof or, if deemed advisable, take a letter ballot immediately. In the latter case, thirty (30) days shall elapse between the date the question is submitted to the members and the date when the ballot shall be closed.
- A two-thirds majority of votes cast shall be necessary to introduce new by-laws, to amend or repeal existing by-laws.
- No change in the by-laws shall be voted on at an annual meeting unless a notice of thirty (30) days of such proposed change has been mailed to members.
ACPO By-laws, v. 1.1 (top)
The following represents the true proportions for the official seal of the Association of the Chemical Profession of Ontario (Association des chimistes professionnels de l’Ontario):