Bylaws

As amended June 3, 2016

 

 

Article 1Name of the Association

Section 1-1

The name of the corporation shall be:

The Canadian National Association of Real Estate Appraisers, herein referred to as the association or CNAREA

 

 

Article 2 – Objectives and Goals

Section 2-1

The objectives and goals of the association are to:

  1. Recognize individuals in the real property appraisal profession
  2. Educate those who wish to pursue a career in real property appraising
  3. Promote the common business interests of real property appraisers
  4. Raise the competency and performance of individuals engaging in, or desiring to engage in, the profession of real property appraisal to the highest possible standards
  5. Facilitate communication and cooperation between and amongst those individuals interested in the appraisal profession by supplying instruction, administration, advice, and regulation  pertaining to real property appraising
  6. Promote cooperation amongst nationally and internationally recognized appraisal associations for the betterment of the profession in serving their clients and the public at large

 

 

Article 3 – Head Office

Section 3-1

Until changed in accordance with the bylaws, the head office of the association, shall be:
1 – 175 2nd Avenue West, Qualicum Beach, BC, V9K 1S7.

 

 

Section 3-2

The board of directors of the association shall, at the appropriate annual meeting, appoint an accountant to prepare the annual financial statements of the association.

 

 

Section 3-3

The financial year of the association will be December 31 of each year, unless otherwise ordered by the board of directors. The membership year of the association will be June 1 of each year unless otherwise ordered by the board of directors.

 

 

Section 3-4

The seal, shall be the seal of the association. The custodian of the association seal shall be the Chief Executive Officer at the administration office.

 

 

 

Article 4 – Organization

Section 4-1

The association shall function nationally and internationally. It may extend the privileges of membership to any individual actively involved in the profession of real property appraisal or any other related profession or activity.

 

 

Section 4-2

The elected officers of the association shall be a President, a Vice President, a Secretary, and Treasurer.  At the discretion of the President, the positions of Secretary and Treasurer can be combined and considered as one position with one director responsible for both positions, to then be called Secretary/Treasurer.

 

 

Section 4-3

The association shall have a board of directors consisting of the immediate past President, and a maximum of seven (7) elected members of the association. These members of the board of directors shall include a President, Vice President, a Secretary, a Treasurer, and up to three (3) national directors.  All directors shall have a one (1) year term. The president shall have a two (2) year term.

The board of directors may also have a maximum of three (3), non-voting, appointed members who shall be appointed by the President and approved by majority vote of the elected members of the board of directors, on an annual basis. Appointed directors must be members in good standing of the association.

 

 

Section 4-4

A quorum for the board of directors shall be a minimum of five (5) elected directors.  Elected directors must be designated appraiser members of the association, must be members in good standing, must be individuals, must be a minimum of 18 years of age with power under law to contract. The elected directors must be an active independent fee appraiser member.  Retired designated members may serve on the board of directors if they have been properly elected in accordance with these bylaws. The elected members of the board of directors shall be nominated and elected by the voting members of the association each year at the annual general meeting of the association.

The board of directors of the association shall perform the duties prescribed by these bylaws.

Any director may, at any time, be removed from the board, by a majority vote of the entire board. The board shall be the final authority on the interpretation or intent of the bylaws of the association.

 

 

Section 4-5

The President of CNAREA shall be elected at an annual general meeting of the association. Only a duly elected, present member of the current board of directors is eligible to become President.  The other officers of the association shall be appointed by the President and a majority vote of the elected directors, at the first meeting of the board of directors following the annual general meeting of the association.

 

 

Section 4-6

The President of the association shall hold office for two (2) years following from the date of his or her election. The Vice President, Treasurer, and Secretary shall hold office for one year (1) following from the date of their election and appointment, or until the election and appointment of their successors in their stead.

 

 

Section 4-7

The Chief Executive Officer of the association shall be appointed by the President. The Chief Executive Officer must be an appraiser member in good standing of the association.

 

 

Section 4-7(a)

The Executive Director of the association shall be appointed by the President and the Chief Executive Officer.

 

 

Section 4-8

The Chief Executive Officer, and either the President or the Treasurer, shall have signing authority for all financial matters of the association, except concerning issues involving the management of the real property of the association.

 

 

Section 4-9

The real property and business of the association shall be managed by the Chief Executive Officer.  The Chief Executive Officer individually, has the signing authority to borrow money, on behalf of, the association for the continued operation of the association.  No authorization or a special resolution is necessary for the association to borrow or repay money.

 

 

Section 4-10

The President of the association shall appoint annually the following standing committees and the chairperson of each of these committees:

  1. Membership and admissions committee
  2. Bylaws committee
  3. Ethics, professional standards, and discipline committee
  4. Education committee
  5. Nominating committee
  6. Fiscal policy and budget committee
  7. Long range planning committee

The President shall create other standing committees as deemed necessary for the continued operation of the association.

 

 

Section 4-11

Chapters of the association may be organized in any geographical location, subject to approval by both the Chief Executive Officer and by a majority vote of the entire board of directors. A group of a minimum of 3 designated appraiser members may apply to the Chief Executive Officer for the formation of a chapter. They should first elect a President pro-tem who shall:

  1. Request from the Chief Executive Officer, a chapter charter application form
  2. Upon receipt of this, have the form completed by the applicants
  3. Return the charter application form to the Chief Executive Officer
  4. All chapter application forms must be considered for approval and acted upon by the board of directors within forty (40) days from the time that the application is received.
  5. The chapter in formation shall hold an election meeting to elect a President elect, a Vice President elect, and a Secretary/Treasurer elect. These officers will transact such business as may come before the chapter in formation until the initial official meeting of the chapter, once approved by the board of directors.

Within forty (40) days upon receipt of the approved chapter charter, the new chapter shall hold a meeting and the officers elect will assume their respective positions.

 

 

Section 4-12

Chapters shall hold elections for at least the offices of President, Vice President, and Secretary/Treasurer once per year on or before June 1st of each year and the said elected officers shall take office immediately after their election.

 

 

Section 4-13

Each chapter and its members must abide by the bylaws of the association and cannot conduct any business whatsoever without the written approval of the Chief Executive Officer.

 

 

Section 4-14

Officers of a chapter must be designated appraiser members, in good standing, of the association.

 

 

Section 4-15

A chapter charter may be removed for due cause, at any time, by a majority vote of the entire board of directors.

 

 

 

Article 5Code of Ethics

Section 5-1

The code of ethics shall be established by the association and may be altered, modified, amended, or repealed by a majority vote of the board of directors.

 

 

Section 5-2

The entire membership of the association, individually or collectively, shall observe the code of ethics and the bylaws of the association in all respects and at all times. All members shall conduct themselves at all times in a manner beneficial to the association and the appraisal profession in general, and to the public in particular.

 

 

Section 5-3

It is unethical for any member of the association:

  1. To conduct themselves in a manner which might jeopardize the professional status or the reputation of the association or any member of the association.
  2. To act in a manner that is misleading or fraudulent.
  3. To use misleading information in the course of practicing their profession as an appraiser.
  4. To engage in conduct which is contrary to any criminal statute in effect in Canada or any misdemeanor, that might adversely reflect on the association, themselves, their profession, or the reputation of another member of the association.
  5. To claim or represent professional qualifications, including educational status, which they have not officially obtained and have not been officially awarded.
  6. To further the application of admission, to the association, of another person known by said member to be unqualified in respect to character, education, or other relevant attribute.
  7. To maliciously injure or attempt to insure the professional reputation or business prospects of another member.
  8. To violate any provision, circumvent, and or contravene any provision of the code of ethics or the bylaws of the association, personally or through the actions of others.
  9. To engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.
  10. To fail to report any violations of the code of ethics of the association when personally aware of such a violation.
  11. To submit any misleading or false information to any duly authorized committee of the association when information is requested by such a committee.
  12. To fail or refuse to submit any unprivileged information, appraisal report, or any related information when requested to do so by a duly authorized committee of the association, acting in their capacity in the enforcement of the code of ethics of the association.
  13. To refuse to co-operate with the association in any matter relating to the carrying out of its responsibilities to the public at large.
  14. For any member serving the association in any capacity, to disclose or utilize any confidential information obtained in connection with such a service.

 

 

Section 5-4

It is unethical for any member of the association to:

  1. To participate or engage in misleading or deceptive advertising.
  2. To refer to the association or the professional designations of the association, in a manner that is misleading, or to use or display the registered trademarks, logos, or emblems of the association in a manner that might be contrary to the association’s bylaws.
  3. To prepare or transmit, in any manner, a resume or statement of professional qualifications which might be misleading.

 

 

Section 5-5

It is unethical for any member of the association to disclose their analysis, opinions, or conclusions to anyone other than:

  1. Their client and those persons specifically authorized by their client to receive such information.
  2. Third parties when a member is legally required to do so by due process of law.

 

 

Section 5-6

It is unethical for any member of the association to disclose data provided by a client on a confidential basis to anyone other than:

  1. Those persons specifically authorized by their client to receive such data.
  2. Third parties when a member is legally required to do so by due process of law.

 

 

Section 5-7

It is unethical for any member who holds a public office or who is employed by a government body or institution, to use their position in that public office or that government body, to obtain or attempt to obtain a special advantage for themselves or for their employer when knowingly such an action is not in the public interest.

 

 

Section 5-8

When performing appraisal services, all members shall comply with the current uniform standards of professional appraisal practice (USPAP) as promulgated by the appraisal foundation of the United States of America.

 

 

Section 5-9

It is unethical for any member of the association to withhold from, and not disclose to, the association any unprivileged information regarding another member who has been disciplined, or removed from, the roles of an allied or professional organization or licensing agency for violation of their rules and or regulations.

 

 

 

Article 6 – Conditions of Membership

Definitions and interpretations

  1. “Appraiser” (real estate appraiser, real property appraiser) means a member in good standing who holds the professional designation DAR or DAC.
  2. “Member in good standing” means any person holding the professional designation AM, CM, DAR, DAC, CMAR, DRP, and or Certified Appraisal Reviewer who has paid the appropriate membership dues and is current with the respective mandatory continuing education requirements.

 

 

Section 6-1

Membership is limited to persons engaged in, or desiring to become engaged in, the appraisal profession, related activities to the appraisal profession, or have an interest in the appraisal profession.

 

 

Section 6-2

Basic membership in the association, at any membership level, requires as a minimum that all persons be of legal age, of good character, hold a high school graduation certificate at the university entrance level, and not have a criminal record. All members must have proficient use of the English or French languages in speech, reading ability, and written communication.

 

 

Section 6-3

Applicants for appraiser membership must be committed to undertake professional appraisal training and development leading to a professional appraisal designation.

 

 

 

 

Section 6-4

It is mandatory for all Candidates to apply for advancement to the designation of DAR or DAC as soon as they have completed the requirements and qualifications for that designation.

 

 

Section 6-5

All members shall be deemed to have agreed to accept and abide by the bylaws and the code of ethics of the association, and any amendments thereof, upon signing the membership application form or upon the payment of the annual dues to the association. Proof of a member’s agreement to abide by the bylaws and code of ethics of the association is considered to be the member’s signing of the member’s membership application and therefore the signature indicated on that membership application, or the payment of the annual dues to the association.

 

 

Section 6-6

To hold any membership within the association, an individual is required to have their application approved by the Chief Executive Officer and their dues paid for the current membership period.

 

 

Section 6-7

Any member, may at any time, voluntarily withdraw from the association by advising the Chief Executive Officer in writing of their desire to do so, and or by not paying the appropriate membership dues when required.

 

 

Section 6-8

Membership is held on an annual basis running from June 1 to May 31 of the following year.

 

 

Section 6-9

Any member who has not paid the prescribed annual dues by midnight May 31 of any membership year will be deemed to no longer be a member and will no longer have any membership rights as stated in these bylaws.

 

 

Section 6-10

All designated appraiser members, including all Candidate members, of the association must personally carry errors and omissions insurance and or professional liability insurance.

 

 

 

 

 

Article 7 – Membership Designations 

Definitions and interpretations

  1. “Appraiser” or “appraiser member” means a member in good standing who holds the professional designation of the association, DAR or DAC.
  2. “Review member” means a member in good standing who holds the professional designation of the association CMAR.
  3. “Supervisor” or “qualified supervisor’ means an appraiser member in good standing who holds the professional designations of the association, DAR and Certified Appraisal Reviewer, or DAC and Certified Appraisal Reviewer. Any one supervisor may only supervise a maximum of four (4) candidate members at any time.
  4. “Reserve Planner Member” means a member in good standing who holds the professional designation of the association, DAR or DAC, and DRP.

 

 

Section 7-1

The association shall maintain seven (7) levels of membership.

The levels are:

Associate (AM)
Candidate (CM)
Designated Appraiser Residential (DAR)
Designated Appraiser Commercial (DAC)
Designated Reserve Planner (DRP)
Certified Mortgage Appraisal Reviewer (CMAR)
Certified Appraisal Reviewer

 

 

Section 7-2

Associate membership encompasses all persons who meet the basic membership requirements and who have an interest in the appraisal profession or work with professional appraisers, but are not engaged in fee appraisal assignments and are not intending to become an appraiser. Associate members shall have no voting rights nor shall they hold any office of the association except in the case of an associate member who has been appointed to the board of directors, in which case that associate member shall have a vote but only as a director and only in the context of board decisions. Associate members agree to uphold the bylaws and code of ethics of the association.

 

 

Section 7-3

Candidate membership is extended to all persons who meet the basic membership requirements and who are interested in pursuing a career in real property appraising and who are interested in furthering their education and experience with the goal of earning a professional appraisal designation.

All Candidate members must successfully complete course 1.1 Principles of Residential Real Estate Appraising, course 5.0, Professional Standards of Practice, and course 6.5 Appraiser Ethics within four (4) months of being accepted as a candidate.

All Candidate members must successfully complete course 1.8 Appraisal Practice Procedures and course 6.7 The Cost Approach for Residential Properties within six (6) months of being accepted as a candidate member.

Candidate members shall have no voting rights nor hold office in any capacity within the association.

Candidate members agree in writing, as evidenced by their signing of the association’s official application form, to be governed by and uphold the bylaws and code of ethics of the association and comply with the education and continuing education requirements of the association.

All Candidate members must be supervised by a qualified supervisor. Candidate members are not permitted to complete any appraisal related activities or assignments without the guidance and review of a qualified supervisor. Candidate members are not permitted to complete or sign any appraisal assignment report without the review and signature of a qualified supervisor.

At the time of joining CNAREA, all Candidate members must specify their supervisor on their application form. All Candidate members must further immediately advise the Chief Executive Officer if and when that supervisor changes.

All Candidate members must submit one (1) field or working appraisal report for review by the education committee every three (3) months until attaining the DAR designation.

All Candidate members must advance to Designated Appraiser Residential (DAR) within four (4) years of becoming a Candidate. Any Candidate member who has not advanced to DAR within four (4) years of becoming a Candidate member may be subject to expulsion from membership in the association. If a Candidate has not attained the DAR designation within four (4) years of becoming a Candidate member, all DAR educational and experience requirements previously completed by that member will be regarded to be void and that member will be required to complete all of the educational and experience requirements again.

Candidate members shall be permitted to refer to their Candidate membership when requested to do so for employment purposes and in their qualifications in an appraisal report in the following manner:

“Candidate Member”

“Canadian National Association of Real Estate Appraisers” (CNAREA)

Candidate Members are not permitted to use the CNAREA logo in any way, in connection with any appraisal assignment, accompanying their individual names on their letterhead, business card, or in directories, and other such media of expression.

 

 

Section 7-4

Designated Appraiser Residential membership is extended to any person who has met the basic membership requirements and has:

  1. Completed the required CNAREADesignated Appraiser Residential (DAR) education program, or its equivalent
  2. Completed a minimum of 3000 hours of appraisal experience obtained in no less than two years
  3. Submitted two (2) residential field or working form type reports or one (1) residential field or working narrative report for review
  4. A university/college degree, or equivalent
  5. Successfully completed the prescribed comprehensive final examination.

DAR members agree in writing by their signing of the association’s official application form, to be governed by and uphold the bylaws and code of ethics of the association, and comply with the continuing education requirements of the association.

DAR members are permitted to perform appraisal and consultation assignments of residential properties consisting of no more than four (4) housing units.

DAR members are also permitted to perform appraisal and consultation assignments of non-complex commercial properties provided that the DAR member has successfully completed course 2.1 Introduction to Income Property Appraising and course 2.2 Techniques of Income Property Appraising, and is working towards the DAC designation, and is acting in compliance with the competency rule as stated in the current uniform standards of professional appraisal practice (USPAP).

Non-complex is defined as a property that does not have any atypical form of ownership or where the property value is not affected by any atypical market conditions. Characteristics similar to the following may suggest that an appraisal assignment is non-complex (this list is not intended to be all inclusive):

  1. ownership rights are typical
  2. there are no unusual deed restrictions, easements, encroachments and other similar factors
  3. there are no abnormal changes in the neighbourhood characteristics which might suggest that the highest and best use is not the present use
  4. there are no actual or suspected environmental hazards
  5. the present market is relatively stable

 

 

Section 7-5

Designated Appraiser Commercial membership is extended to any person who has met the basic requirements of membership and has:

  1. Attained the status of Designated Appraiser Residential (DAR) or the equivalent
  2. Completed the required CNAREA Designated Appraisal Commercial (DAC) education program, or its equivalent
  3. Completed a minimum of five (5) years of full time appraisal experience
  4. Submitted two (2) commercial working narrative appraisal reports for review
  5. A university/college degree, or equivalent
  6. DAC members agree in writing by their signing of the association’s official application form, to be governed by and uphold the bylaws and code of ethics of the association, and comply with the continuing education requirements of the association.

DAC members are permitted to perform appraisal and consultation assignments of all types of real property.

 

 

Section 7-6

Designated Reserve Planner is extended to any person who has met the basic membership requirements and who has:

  1. Attained the status of Designated Appraiser Residential (DAR or Designated Appraiser Commercial (DAC)
  2. Completed the required CNAREADesignated Reserve Planner (DRP) education program

DRP members agree in writing by their signing of the association’s official application form, to be governed by and uphold the bylaws and code of ethics of the association, and comply with the continuing education requirements of the association.

DRP members are permitted to perform appraisal and consultation assignments of all types of condominium or strata types of real property.

 

 

Section 7-7

Certified Mortgage Appraisal Reviewer membership is extended to any non-appraiser person who has met the basic membership requirements and who has:

  1. Completed the required CNAREACertified Mortgage Appraisal Reviewer (CMAR) education program
  2. A minimum of 2 years experience in the mortgage financing profession
  3. Submitted one (1) field or working appraisal review report for review

CMAR members agree in writing by their signing of the association’s official application form, to be governed by and uphold the bylaws and code of ethics of the association, and comply with the continuing education requirements of the association.

CMAR members are permitted to perform appraisal review assignments for all types of real property appraisal reports including residential and commercial, which are intended only for mortgage financing purposes.

CMAR members shall have no voting rights nor shall they hold any office of the association except in the case of a CMAR member who has been appointed to the board of directors, in which case that CMAR member shall have a vote but only as a director and only in the context of board decisions. Associate members agree to uphold the bylaws and code of ethics of the association.

 

 

Section 7-8

Certified Appraisal Reviewer membership is extended to any person who has met the basic requirements of membership and who has:

  1. A minimum of the DAR professional designation of CNAREA
  2. Completed the required CNAREA Certified Appraisal reviewer education program
  3. Submitted two (2) field or working appraisal review reports for review

Certified Appraisal Reviewer members are permitted to perform appraisal review assignments for all types of real property residential and or commercial appraisal reports.

Certified Appraisal Reviewer members agree in writing by their signing of the association’s official application form, to be governed by and uphold the bylaws and code of ethics of the association, and comply with the continuing education requirements of the association.

 

 

Section 7-9

Any designated member in good standing shall be permitted to use the designation “DAR”, “DAC”, “DRP”, “CMAR”, “Certified Appraisal Reviewer”, or the CNAREA logo or seals accompanying their individual names on their letterheads, business cards, and in directories and other such media of expression to denote the degree of proficiency attained.  All acknowledgments of designated membership must be on an individual basis only.  Personal letterhead, stationery, and other means of written communication shall not, in any way, imply or infer that a designated member’s firm, business, organization, or agency is a member of the association.

An Associate member may be permitted to use the CNAREA logo to denote that they are a member of CNAREA but only with written permission from the Chief Executive Officer and even then, only if the logo is accompanied by the words “Member of CNAREA”.

 

 

Section 7-10

Designated appraiser members of the association must maintain a program of continuing education and review to retain their designation and membership in the association. Each designated appraiser member must complete a minimum of twenty-eight (28) hours of appraisal education every two (2) years and submit one (1) field or working appraisal report every six (6) months for review by the education committee.

The association continuing education program cycle begins January 1 of the year following the date a person becomes a member of the association and runs every two years thence to the next January 1. Any member who has not maintained the prescribed continuing education program  by midnight May 31 of the membership year following the January (1) first due date, may be deemed to no longer be a member in good standing (reference section 8-2 (g) of these bylaws).

 

 

Section 7-11

All designated appraiser members of the association must include a minimum of four (4) hours of USPAP education, with examination, as part of their continuing education program, every two (2) years.

All designated appraiser members must include the successful completion of course 4.3R Residential Appraisal Report Writing every two years as part of their continuing education program.

All Designated Certified Appraisal Reviewer members must include the successful completion of course 4.6R Reviewer Recertification every two (2) years as part of their continuing education program.

All designated members of the association must include the successful completion of course 6.5 Appraiser Ethics, with examination, in their continuing education, every five (5) years.

 

 

Section 7-12

A retired member is considered to be any designated member who has retired from active appraisal practice. A retired member shall have the right to vote and to hold office in the association. A retired member shall pay a membership fee equal to the membership fee of Associate membership. A retired member may use a professional designation awarded to them by the association for any purpose other than in connection with any appraisal assignment.

 

 

Section 7-13

Certified instructor.  To attain the “certified instructor” classification an individual must:

  1. hold the DAR or DAC designation, or the equivalent, and the certified appraisal reviewer designation
  2. have successfully completed a CNAREA instructors clinic

All certified instructors must attend a CNAREA instructor qualification development clinic at least once every two years.

 

 

Section 7-14

“Equivalent”, with reference to college/university degree, means:

  1. each three (3) years of full time appraisal experience is equal to one (1) year of College/university and or
  2. completion of the CNAREA educational and experience requirements for the designated appraiser  residential or DAR designation equals a college/university degree

 

 

Article 8 Complaints Against Members and Reprimand, Suspension, and Expulsion

Definitions and interpretations

  1. “Complaint” mean(s) an allegation in writing of misconduct or a breach of the association’s code of ethics, or bylaws.
  2. “Conduct review board” means a board called by the president of the association, made up of the directors and other members of the association, as specified in these bylaws, article 10, section 10-9.
  3. “Cost(s)” shall mean(s) any cost(s) incurred from the investigation of a complaint, the processing of a complaint, the hearing of a complaint, or the decision of the conduct review board resulting from a complaint.
  4. “Hearing” shall mean the formal meeting held by the conduct review board for the specific purpose of conducting the formal hearing of a complaint.
  5. “Association” means the Canadian National Association of Real Estate Appraisers.
  6. “member” means any person defined as a member by a specific bylaw of the association

 

 

Section 8-1

Conduct by a member of the association that reflects dishonesty and a lack of integrity on themselves and or the association, and or of a manner that is not in compliance with the code of ethics of the association shall constitute justification for their possible admonishment, reprimand, suspension, removal of their designation, and or expulsion from the association, and or the possible administration of disciplinary action in accordance with the bylaws of the association.

 

 

Section 8-2

Grounds for suspension, expulsion, or removal of designation:

  1. conviction of a felony
  2. adjudication by a court of law to be incompetent
  3. lack of adherence to the bylaws of the association
  4. refusing or neglecting to act in accordance with, or abide by, the decisions of the association
  5. found or determined to be, by the association, guilty of an act of a discreditable nature to the profession
  6. non-payment of dues
  7. failure to maintain the prescribed continuing education program

 

 

Section 8-3

Less serious infractions may be grounds for a reprimand.  Reprimand is a severe expression of disapproval and criticism, and constitutes a serious warning that may include conditions for the continuation of membership.  Notice of such an issuance may be published and made public and include the name of the member.

 

 

Section 8-4

A complaint against any member of the association must be made in writing and signed by the complainant. All complaints must be forwarded to the chief executive officer of the association.

 

 

 

Section 8-5

The Chief Executive Officer of the association shall give notice of a complaint to the member and shall include as part of that notice, the actual complaint. The Chief Executive Officer of the association must also include in such a notice the authority of the association to make such a notice, as stated in the bylaws of the association.

 

 

Section 8-6

Complaints against any member for any reason shall be forwarded to the ethics, professional standards, and discipline committee. That committee will investigate all complaints and report their findings to the chief executive officer of the association. The Chief Executive Officer, in conjunction with the committee, has the authority to adjudicate any complaint without calling for a conduct review board. However, if the respondent member is not in agreement with the decision of the committee and the Chief Executive Officer, a conduct review board must be called.

 

 

Section 8-7

The Chief Executive Officer shall advise the President, if it is deemed necessary by the Chief Executive Officer, that a conduct review board is required to adjudicate a complaint. The President shall then call a conduct review board in compliance with article 10, section 9, of the association bylaws. The conduct review board must give notice to the respondent member at least fourteen (14) days in advance of the hearing of the conduct review board and forward to the respondent member any respective evidence and documents pertaining to the complaint. The conduct review board shall then hold a hearing during which the member in question may be interviewed and will be permitted to present any evidence relevant to the subject complaint.

 

 

Section 8-8

Until a hearing before the conduct review board has been completed and a decision made by the conduct review board, all investigations and proceedings shall be kept private and confidential.

 

 

Section 8-9

Only evidence presented at the conduct review board hearing can be considered by the conduct review board.

 

 

Section 8-10

Evidence to be considered by the conduct review board must be presented or given in person, verbally, at the conduct review board hearing.

 

 

Section 8-11

The respondent member may be represented by legal counsel and is entitled to call witnesses at the hearing but is individually responsible for all expenses incurred on his or her behalf. The presence of any other parties or representatives shall be at the discretion of the conduct review board.

 

 

 

 

Section 8-12

The conduct review board will review all admitted evidence and take any action deemed appropriate, but in accordance with the regulations set out in these bylaws.

 

 

Section 8-13

After a conduct review board hearing has been completed and a judgment has been rendered by the conduct review board, the conduct review board, at its discretion, may make public the complaint and or the results of that complaint, including the decision of the board, and any disciplinary action taken, and identify the respondent member.

 

 

Section 8-14

The conduct review board may utilize association staff, members, and or committee members in the presentation of the case and may also retain legal counsel to act on its behalf at the hearing.

 

 

Section 8-15

The failure of any member to comply with any request from the conduct review board in connection with a complaint under this section of the bylaws of the association, without justifiable reason or unless the law otherwise requires, may result in disciplinary action against that member.

 

 

Section 8-16

A decision of the conduct review board may be appealed by written request for appeal to the Chief Executive Officer of the association. This request for appeal must be in writing and sent by registered mail to the head office of the association within 21 days of the receipt of the conduct review board’s decision.

 

 

Section 8-17

If a decision of the conduct review board results in disciplinary action involving a cost, the member disciplined will pay that related cost. The conduct review board may charge any related hearing costs to the member disciplined

 

 

Section 8-18

Any appeal of a decision of the conduct review board will be considered by the President of the association in collaboration with the chairperson of the ethics, professional standards, and discipline committee. They will make a judgment as to the acceptance or rejection of the appeal. If the appeal is accepted, it will be adjudicated by an appeals board, appointed by the president, consisting of the president and two other directors. These two other directors cannot be the same as any director who was part of the original conduct review board.  Any decision of the appeals board is final.

 

 

Section 8-19

All costs that are incurred by the necessity of an appeals board hearing shall be the responsibility of the member who requested the appeal.

 

 

Article 9 Duties of the Officers

Section 9-1

President

The President shall president at all national meetings of the members and of the board of directors of the association. In general, the President shall perform all duties incident to the office of President and such other duties as may be prescribed by the board of directors. The President shall be an ex officio member of all committees of the association.

 

 

Section 9-2

Vice president

In the absence of the President or in the event of the President’s inability or refusal to act, the Vice President shall perform the duties of the President. When so acting, the Vice President shall have all the powers of the President and be subject to bylaws of the association. The Vice President shall perform such other duties as may be assigned by the President.

 

 

Section 9-3

Secretary

The Secretary shall keep the minutes of the meetings of the general membership and of the board of directors of the association in one (1) or more books provided for that purpose, see that all notices are duly given in accordance with the provisions of these bylaws. The Secretary shall perform all duties incident to the office of secretary and such other duties as may be assigned by the President.

 

 

Section 9-4

Treasurer

The Treasurer shall be responsible for all funds of the association, and shall direct the Chief Executive Officer to receive and give receipts for all moneys due and payable to the association, deposit all such funds in the name of the association in such banks or other such depositories as shall be selected by the Chief Executive Officer of the association, and submit to the board of directors at the annual meeting of the association, financial reports if so requested. The Treasurer shall perform all duties incident to the office of treasurer and such other duties as may be assigned by the President and or the Chief Executive Officer.

 

 

Section 9-5

Executive Director

The Executive Director shall act as the administrator and manager of the association administration office, and the direction and supervision of any staff of the association as identified by the Chief Executive Officer. The Executive Director be responsible for the presentation of any financial information regarding the association to the treasurer and other officers, and or directors of the association, at each annual general meeting, and at such other times as directed to do so by the Chief Executive Officer. The Executive Director shall respond, or designate someone to respond, to all inquiries regarding the association. The Executive Director shall be the chairperson of the long range planning committee and shall be responsible for the overall marketing of the association with regard to the furtherance of the association’s purpose and goals. The Executive Director shall be financially compensated commensurate with the required duties, which compensation will be established by the Chief Executive Officer and the President. In addition to this compensation, the Executive Director will be reimbursed for all travel expenses and promotional expenses related to the association. The Executive Director shall be responsible for the presentation of the association’s annual convention. The Executive Director shall be responsible for the organization and successful completion of the annual general meeting, the annual board of directors meeting, and the mid-term board of directors meeting. The Executive Director shall supervise and be responsible for the correct completion of any member voting which might occur at an annual general meeting.

 

 

Section 9-6

Chief Executive Officer

The Chief Executive Officer shall be the administrator of the association. The Chief Executive Officer shall be responsible for the administration office of the association as well as such other duties as may be directed by the President and as mandated in the association bylaws. The Chief Executive Officer shall have the authority to administer all association financial funds and be responsible to account for all funds belonging to the association and shall maintain proper accounts for association funds and shall prepare, or have prepared by competent parties, financial statements which display receipts and disbursements of all funds, together with a balance sheet showing all assets and liabilities of the association. The Chief Executive Officer, in conjunction with the Director of Education shall be responsible for the administration of the education program of the association. The Chief Executive Officer shall be financially compensated commensurate with the required duties, which compensation will be established by the President. In addition to this compensation, the Chief Executive Officer will be reimbursed for all travel expenses and promotional expenses related to the association. The Chief Executive Officer shall hold the official seal of the association and be responsible for the use of the official seal. The Chief Executive Officer shall be the signatory of all membership certificates of the association. The Chief Executive Officer shall be responsible for receiving any and all complaints made against members of the association and, shall process such complaints in accordance with article 8 of these bylaws.

 

 

 

Article 10 Meetings and Voting

Definitions and interpretations

  1. “Voting member” means a member who holds the professional designation of the association, DAR or DAC and is a member in good standing.

 

 

Section 10-1

Two (2) regular meetings of the board of directors shall be held annually, one (1) at the annual general meeting and one (1) at a time six (6) months from the annual general meeting.  The annual general meeting shall be held on or before June 1, of each year, unless otherwise directed by the president, and the location of both meetings shall be designated by the President of the association, notice of which shall be given to all members at least thirty one (31) days prior to the meetings.

 

 

Section 10-2

The board of directors may hold additional special meetings, if deemed necessary, without notice to the members but with notice to all directors, at least fourteen (14) days prior to the special meeting. The President shall designate the location of any special meeting of the board of directors.

 

 

 

Section 10-3

Telephone meetings are considered to constitute a normal meeting and are permitted in place of any normal meeting. Telephone meetings must be given fourteen (14) days prior notice to all directors.

 

 

Section 10-4

A quorum is constituted by the presence of five (5) elected directors at any meeting of the board of directors.

 

 

Section 10-5

Any vacancy occurring in the board of directors shall be filled at the next annual meeting by a regular vote of the members of the association.

 

 

Section 10-6

Any director may be removed from the board of directors by a two-thirds (2/3) vote of the board of directors whenever, in the board’s judgement, the best interests of the association would be served thereby, after an appropriate consultation and discussion.

 

 

Section 10-7

All meetings of the board of directors, the association in general, or any chapter of the association shall be conducted in accordance with these bylaws and or the current edition of Robert’s rules of order.

 

 

Section 10-8

All voting members shall be permitted to vote by proxy authorized to another voting member. All authorizations of proxy votes must be in writing and be signed by the voting member giving their voting right to another voting member. Any voting member may hold up to a maximum limit of three (3) proxies and may vote those proxies on any single issue.  This regulation will take effect on January 1, 2016.  Only voting members are permitted to nominate another member for office.

 

 

Section 10-9

The conduct review board shall be appointed by the president and shall consist of a minimum of any two members of the board of directors but one of those directors must be the president of the association.

 

 

 

Article 11 Standing Committees

Section 11-1

Unless otherwise stated in these bylaws, each standing committee shall have a minimum of two (2) members, including a chairperson. Each member of a standing committee shall be appointed by the President, for a one (1) year term. Any vacancy occurring in the membership of a standing committee, during that one (1) year term, shall be filled by appointment by the President. The replacement committee member shall serve for the remainder of the original term of the member being replaced. The President shall select the chairperson of each standing committee.

 

 

Section 11-2

Membership and admissions committee

It is the duty of the membership and admissions committee to develop the growth of qualified membership applicants. The committee is responsible for the admission of any member, in conjunction with the chief executive officer. The committee shall also review existing programs and explore additional areas that will provide better membership services. The committee will also recommend to the board of directors criteria for all categories of membership.

 

 

Section 11-3

Bylaws committee

The bylaws committee shall be responsible for any changes in the bylaws that might be required for the continued successful operation of the association. The bylaws committee shall receive and study all suggestions for, and changes to, the bylaws from any source, and report their subsequent recommendations to the board of directors. Any member may make any suggestion directly to the chairperson of the bylaws committee.

 

 

Section 11-4

Ethics, professional standards, and discipline committee

The duty of the ethics, professional standards, and discipline committee shall be to review all cases involving the violation of the code of ethics of the association and or the professional standards of the association. The committee shall make its report and recommendations to the Chief Executive Officer for final action. The committee will investigate all alleged violations brought to its attention as prescribed in the complaints against members section of these bylaws (section 8).

 

 

Section 11-5

Education committee

The education committee shall be responsible for the development and approval of all textbooks, course books, seminar books, educational course content, examinations, fees, certificates, and materials. The Director of Education shall be the chairperson of the education committee and shall be responsible for the education committee, and the administration of the education program of the association but in conjunction with the Chief Executive Officer. The education committee, in conjunction with the Director of Education, shall be responsible for setting the criteria and for the training and approval of any instructor of the association.  The education committee, in conjunction with the Chief Executive Officer, shall be responsible for the granting and the awarding of the “certified instructor” classification to any qualified individual.

 

 

Section 11-6

Nominating committee

The nominating committee shall meet at the annual general meeting. Any nomination for any office of the association received by the administration office shall be forwarded to the nominating committee. At the annual general meeting, the nominating committee shall read the names of all nominees to the members at the election prior to the commencement of the voting. No member of the nominating committee shall display any bias toward any candidate for election. The nominating committee shall be chaired by the immediate past President.

 

 

Section 11-7

Fiscal policy and budget committee

The fiscal policy and budget committee shall study all current problems and procedures for the financing of the operation of the association, make recommendations for any changes in association monetary policies, and seek, study, and determine all possible sources of income to the association. The fiscal policy and budget committee has the authority to make in house examinations of the association’s fiscal records and to have made available to it any detailed information pertaining to the association’s accounts. The fiscal policy and budget committee shall be chaired by the treasurer.

 

 

Section 11-8

Long range planning committee

The long range planning committee shall study proposals and ideas for the advancement of the association, and make recommendations to the board of directors.  The long range planning committee shall be chaired by Executive Director.

 

 

 

Article 12 Amendments   

Section 12-1

The bylaws of the association may be repealed or amended by the board of directors, in compliance with article 12 of these bylaws, at a meeting of the board of directors called for, amongst other things, the purpose of considering said bylaws.

 

 

Section 12-2

Any board of directors meeting which considers any change or amendment to the bylaws of the association must be announced to the membership at least thirty one (31) days in advance, and is open for attendance to any voting member in good standing of the association.

 

 

Section 12-3

A complete description, in writing, of all proposed changes and or amendments must be made available to any of the membership upon request from the national office of the association, in writing, by facsimile, or by e mail.

 

 

Section 12-4

The vote taken for any change and or amendment of the bylaws, at a board of directors meeting, shall be by private ballot and shall include any voting member in good standing of the association who is present at the meeting and who wishes to participate in the vote, and by proxy vote.

 

 

Section 12-5

Any change and or amendment to the bylaws must be confirmed by a vote of two-thirds (2/3) of votes cast at a board of directors meeting that has been duly warned to the general membership.

 

 

Section 12-6

Changes to the bylaws of the association, that do not change the intent and are made only to clarify, do not require the approval or a vote of the membership.