The Constitution of
TAMIL CULTURAL ASSOCIATION OF WATERLOO REGION
( Kitchener – Waterloo – Cambridge – Guelph – Brantford)
Non-Profit organization registered under Ontario Corporation # 1509837
Article: 1 : Name
This Association shall be named and called ” TAMIL CULTURAL ASSOCIATION OF WATERLOO REGION ” . Abbreviation: TCAWR or TCA.
Article: 2: Objective
1. Shall actively promote and nurture Tamil language, Arts, Culture and Community in and around the Region of waterloo – Wellington, Ontario.
2. Shall function as a non-profit organization. Ontario Corporation # 1509837
3. Shall promote the goodwill, assist and maintain cordial relationships with Tamil community and with other associations within Canada and around the globe.
4. Shall act as a non-political and non-religious organization.
5. Shall associate with the Canadian multicultural Society and promote Inter-cultural and inter-community activities.
Article: 3 Address
The official address of the Association shall be the elected secretary’s address or nominated by the committee. At present:
P.O. Box No: 25068, Kitchener, ON, N2A 4A5, Canada.
Article: 4 Membership
Membership is open to anyone who admires Tamil Language, Arts and Culture and be a resident of Region of Waterloo, City of Guelph and Brantford or by special permission from the executive committee, if outside of the area.
Article: 5 Membership Fee:
(a) The annual membership of ordinary member, family membership and Student shall be determined by the executive committee. A family will consist of four members of father, mother and children. Family/Adult $20, Student under 18 $10. Payments be accepted via electronic transfer, online credit cards, cash or cheque.
(b) Life members: Suspended as of Dec. 30.2019
Article: 6 Voting Rights:
1. All members over the age of 16 and paid membership fees in full are eligible to vote.
2. In the event of voting on resolution or issues results in a tie, the president may cast his or her vote to decide the outcome.
3. Members obtained new membership, 90 days prior to AGM will be eligible to vote.
4. Voting, Nominee for election, approval of amendments and policies will be authorized by a permanent resident of Region of Waterloo, Wellington – Guelph and Brantford.
5. Dual or Temporary resident can be a member but will not have voting rights.
Article: 7 Member residencies:
A permanent resident is a person who’s residence is within the Region of Waterloo, Wellington region, Brantford and surrounding area.
Dual or Temporary resident is a person living in the region but also has another residence outside of Region of Waterloo and the two cities.
Article: 8 Executive committee:
The executive committee shall comprise of the six(6) office bearers and another ten(10) general body members.
The following executive members shall be elected at the Annual General Meeting and shall hold the office for two years. The elected office-bearers except the patron shall constitute the Executive committee:
- Patron – Any distinguished person from the region shall be nominated by the Executive Committee as the patron.
- Vice – President
- General Secretary
- Assistant Secretary
- Treasurer or Director of Finance
- Assistant Treasurer
- General body: 10 members shall be elected of who two shall be from previous executive committee. Previous presidents shall be included.
Article: 9 Election of office bearers:
The Secretary shall call for written nomination 30 days before the nomination. Names for the various offices duly signed should reach the Secretary 15 days before the Annual General Meeting.
Nomination for the post of President, Secretary and or Treasurer will be from the current or previous executive committee. If no candidate is available then it is open to rest of the membership. A youth committee member will represent the university and college students only in the general body.
Any position for which nomination name not been received shall be filled by the President or Secretary at the AGM.
Article 10: Election Monitoring:
An election sub-committee will monitor and implement the election policy. The president will be head of this committee, which will comprise of 5 executive members. The committee will be formed at the time of calling for nomination.
The dispute mechanism of elections or conflicts will be the sole responsibility of the executive committee members. A sub-committee will foresee matter and report to the executive committee. A onetime appeal of the decision can be made within 15 business days after due notice to relevant parties.
Article 11: President
1. Shall preside at all AGM, Special General Meetings, Executive Committee Meetings, and Special Executive Committee Meetings and shall function as chief executive officer.
2. Shall take action against members who hinder the peaceful conducting of meetings.
3. The president will hold office for two consecutive years. He or She can be re-elected to the president post only after a gap of three years.
Article 12: Duties and functions of the Vice – President:
Duties and functions of the Vice – President shall be to attend to the work of the President in the absence of the President .The vice President however shall have no power to operate the bank account of the Association.
Article 13: Duties and Functions of the General Secretary:
1. Shall summon the meetings of the Association regularly after giving proper notice.
2. Shall record the minutes of all meetings and present it at the following meeting.
3. Shall keep an inventory of all properties, furniture and fittings, documents and files of the Association and to be responsible for them.
4. Shall take necessary action on decisions taken by the general body and the executive committee.
5. Upon the expiration of the secretary’s term of office, the Secretary shall entrust all records of the Association to the incoming Secretary.
6. Shall maintain a membership Register in which shall be recorded the name, address and telephone numbers of all members of the Association.
Note: The Secretary shall not disclose any membership information without the written approval from the President or committee.
Article 14: Duties and Functions of the Assistant General Secretary:
The duties and functions of the Assistant General Secretary shall be to assist the General Secretary in the performance of the Secretary’s duties. The assistant general secretary however shall have no power to operate the bank account of the Association.
Article 15: The Treasurer or Director of Finance:
1. Shall collect membership fees from members and list out membership database.
2. Shall maintain an account of the income and expenditure of the association.
3. Shall issue receipts for all cash received by the Association.
4. Shall keep in proper custody of all receipts and bills for expenses incurred by the Association.
5. Shall submit a statement of Income and Expenditure together with receipts and bills quarterly or when necessary at the Executive meeting.
6. Shall be authorized to use electronic credit or debit cards within the authorized limit, with prior approval.
7. Shall submit at the Annual General Meeting an audited Statement of Accounts for the year and the Auditor’s Report thereon duly adopted by the executive Committee.
8. Upon the expiration of the Treasurer’s term of office, the Treasurer shall entrust all records of the Association to the incoming Treasurer.
Article 16: Finance:
1. All cash and cheques received by the association shall be kept in a chequing Account at a Bank nominated by the Executive Committee and keep the cheque books in the Treasurer’s custody. The Treasurer can, however retain One Hundred Canadian Dollars(C$100) as petty cash. On approval of executive committee excess funds be transferred from chequing to fixed term account.
2. All cheques shall be signed by the Treasurer and the President or Secretary.
3. Global Relief fund: The fund is to support local and international community organisations subject to non political or religious affiliation.
4. Fund Raising: The board can approve to raise funds through donation or ticketed events for local and out of country only. All contributors and sponsors be acknowledged and issued receipts. Accounts be submitted and approved at a followup meeting. Funds be rooted through global relief fund.
Article 17: Duties of assistant Treasurer:
The duties and functions of the assistant treasurer shall be to attend to the work of the treasurer in his or her absence or with approval.
Article 18: Executive Committee:
1. Shall implement the decisions of the general body and the Executive Committee of the Association.
2. Shall fill vacancies in the Executive Committee from among the eligible Members of the Association.
3. Members absenting themselves from three consecutive committee meetings without valid reason shall be deemed to have vacated their post. It shall be the duty of secretary to inform them in writing that they have been absent consecutively of three committee meetings, therefore they have been presumed to have vacated their posts and that action is being taken to fill the vacancies.
4. Shall allocate funds for necessary activities.
5. Shall appoint Events, Membership and Public relations co-ordinators.
6. Shall examine and adopt the audited statement by the Treasurer at the Executive Committee Meetings.
7. The executive committee has the authority to appoint sub-committees and review the rules, policies and by-laws of the association. The subcommittee will function under the executive committee but as a separate entity. All decisions at the subcommittee level needs the board approval for binding.
8. Authority to submit amendments to constitution at the AGM. Shall examine and adopt the Annual report of the Secretary and the Financial Report of the Treasurer.
9. Members are elected for a 24 month period. Existing members or board who’s term to be expired can remain in office for an extended period of one year or less, only under special circumstance. This is an extension only in conjunction with completion of a two year term. It is restricted to pandemic or emergency situation only. The circumstance should be declared by the government of Canada, Province of Ontario, Regional Municipality of Waterloo or three levels of government.
The emergency extension has to be approved by 2/3 of the members at an executive meeting and be given 30 days notice to general membership. It should be approved at the following AGM. The board can approve new members at the next meeting.
10. Volunteer and Disability Co-ordinator can be appointed by the executive committee. The appointment can be made within or outside the membership.
Article 19: Electronic Password:
The password for Banking, Electronic mail, Web site online and Social media will be authorized to a person or to the president by the executive committee. The password can be changed, once in six months or in an emergency with written authorization of the president and Secretary.
Article 20: Meetings:
1. Executive Committee Meeting shall be held once in three (03) months with seven (07) days’ notice or when necessary with two (02) days notice.
2. Special Executive Committee Meeting shall be held at the instance of the President or Secretary or on a requisition signed by not less than six (6) members of the Executive committee. Three (3) days’ notice shall be given of such meeting.
3. Annual General Meeting shall be held every year in the month of April on a date and at a time determined by the Executive Committee. At this meeting shall be submitted the Report of the Executive Committee and the Audited Accounts of the Treasurer in respect of the Previous year. The members of the Executive Committee and the Auditors for the current year too shall be elected at this meeting in accordance with articles 6, 7, and 8. At least 21 days notice shall be given of this meeting.
The executive committee members hold office for a two year term, ending 30th of April or election of new executive committee at AGM, whichever comes first. Once new members are elected, the existing members seize to hold office. All meeting have to be held at a physical location and in person. Virtual or hybrid meeting is only considered in an emergency situation declared by the government of Canada or Ontario.
4. Special General Meeting shall be convened by the Executive committee on its own initiative or on a requisition signed by not less that 1/3 members of the Association and submitted to the Secretary. At this meeting only matters listed in the agenda shall be considered. At least seven (7) days’ notice shall be given of this meeting.
5. Virtual Meeting: On approval of executive board, all meetings including Annual General Meeting can be held virtual or electronically. This include over the telephone (Mobile or Land) or via video conference. It is time-limited or be restricted to either to special circumstances or a specific situation like a government declared pandemic.
Hybrid Meeting: Whereby shareholders may participate electronically in addition with a physical meeting.
Article 21: Quorum:
Quorum for the meetings shall be: –
1. Executive Committee Meeting.. .. .. Seven (7)
2. Special Executive Committee Meeting.. .. Five (5)
3. Annual General Meeting.. … … one fourth of the total membership or 15 whichever is less.
4. Special General Meeting.. … … One fourth of the total membership or 10 whichever is less.
Article 22: Voting at the Committee Meeting:
Resolutions brought forward at the Annual General Meetings, Special General Meetings, Executive Committee Meetings shall be deemed to have been adopted if passed by a simple majority.
The President will vote at meetings only if there is a tie or to break a dead lock.
Article 23: Rights of Members:
A member wishing to examine the books of the Secretary or Treasurer shall give notice of his or her intention to do so to the Secretary in writing. Such member shall have the right to examine the said books at the office of the Association on a date and at a time fixed by the secretary, which shall be after one week of the receipt on the notice. His or Her membership status be active for the current year.
Article 24: Powers:
1. The board shall have the power to disallow any proposal or resolution brought forward by a member at the General Meeting or Executive Meetings if, such proposal or resolution is contrary to the aims and objectives of the association is likely to bring dis-repute to the Association, or is likely to hinder the well-being or development of the Association.
The President, Secretary, Treasurer and Subcommittees will implement decisions approved by the executive committee or with prior board approval.
Article 25: Amendments to the constitution:
Amendments to the constitution should be tabled at the executive meeting, approved and submitted at the AGM. Such amendments or changes shall be deemed to have been passed only if two- thirds of the members present at the meeting have voted in favor of the amendments or changes.
Article 26: Use of Language:
All activities of the association shall be maintained in Tamil or English. The documents required by the Government or private sector shall be in English.
Article 27: Letter Head, General correspondence, Photographs and Video:
All official correspondence shall be on the official letter head and sealed and signed by the Secretary, Treasurer and or the President. All correspondence on behalf of the association will be authorized by the president, Secretary or nominee. The executive committee can appoint a person to issue general public notice.
Photographs and Video material taken at an authorized function will be sole ownership of TCA and can be published in the website, newspaper or publication.
Article 28: Website domain, Logo and trade Mark:
The name “Tamil Cultural Association of Waterloo Region”, (TCA), Web and other domain name, trade mark and its logo is registered within this context as the sole property of the organization and will protect on behalf of its members. No authorization is given to another entity without approval at an Annual General Meeting.
Article 29: Events:
The board has the approval to postpone or cancel an event under an emergency situation. Prior approval and notice be given to general public. Virtual and live events can be broadcasted electronically through website and or social media on approval of the executive board.
Article 30: Internal & External Auditor:
An internal and or External Auditor shall be elected or appointed by the members at the Annual General Meeting, to audit the accounts of the Association. On an annual basis, the association accounts of income and expenditure to be examined for the purpose of Revenue Canada. The Auditor will be exempted from attending the monthly meetings but should be available for annual AGM.
(Amendments – 17th April, 2004, Waterloo.)
(Amendments – 14th April, 2012, Kitchener.)
(Amendments – 24th April, 2021, Kitchener.)