(The Engineering, Geological and Geophysical Professions Act, Regulations and By-laws: Part 2 - Election of Council)
2 A nominating committee shall be appointed at the annual meeting to serve for the ensuing year. The Committee shall consist of a minimum of 11 professional members of the Association, 1 of who shall be the retiring president, who shall be the chairman. Council shall fill any vacancies which may occur in this nominating committee.
3(1) Not less than 150 days prior to the annual meeting the nominating committee shall submit to the Executive Director a list of nominees for Council, which shall include the president-elect as the sole nominee for president, 3 nominees for vice-president, and at least 3 more nominees for Councillors than there are vacancies to be filled on Council.
(2) Nominees for president or vice-president shall have served at least 1 year on the Council.
4(1) The nominating committee, in selecting nominees, shall give due consideration to the composition of the Council as required by the Act, regulations and by-laws and to the geographical distribution and field of practice of the nominees.
(2) The written consent of the nominees to act if elected shall be secured and shall accompany the list of nominees submitted to the Executive Director.
(3) Not less than 120 days prior to the annual meeting the Executive Director shall distribute to each professional member, either directly by mail or via the Association publication known as the PEGG, a list of the nominations made by the nominating committee.
5 Additional nominations for any office or any offices, except the president may be made in writing by any 10 professional members. Such nominations shall reach the Executive Director properly endorsed not later than 90 days prior to the annual meeting and shall be accompanied by the written consent of the nominee or nominees to act if elected.
6(1) Elections shall be conducted by letter ballot.
(2) The names of all persons nominated for office shall be placed on the ballot form in groups relating to each office. The number, professional classification and term of Councillors to be elected shall be made clear on the ballot form. Ballot forms shall be mailed to the professional members by the Executive Director not later than 50 days prior to the annual meeting.
(3) Each professional member is entitled to one vote for one candidate for vice-president, and to vote for as many candidates as there are vacancies to be filled for Council, or for a lesser number.
(4) The poll shall close at noon on the 20th day prior to the annual meeting and no ballots received after that time shall be considered.
6.1 Notwithstanding Section 6, a member may vote electronically as prescribed by such terms and conditions established by Council from time to time and such vote shall be received and treated by the Association as having the same force and effect as if sent by letter ballot pursuant to Bylaw 6.
7(1) At least 20 days before the annual meeting the president shall appoint 6 professional members including a chairman to act as a ballot counting committee.
(2) This committee shall meet at a time and place designated by the president, but at least 15 days prior to the annual meeting, and shall receive then the package containing the ballots from the Executive Director.
(3) The envelope containing the ballots shall be opened by a member or members of the ballot counting committee who shall scrutinize and count the votes cast and keep a record thereof.
8(1) Of the candidates for the offices of vice-presidents, the one receiving the highest number of votes shall be elected first vice-president and the one receiving the second highest number of votes shall be elected second vice-president.
(2) The candidate elected as first vice-president shall be deemed to be the president-elect and shall be the sole nominee for the president in the succeeding year.
(3) The requisite number of persons who receive the highest number of votes for the office of Councillor shall be elected as Councillors for a term of 3 years. If there are any vacancies in Council to be filled the person or persons receiving the next highest number of votes for the office of Councillor shall be elected as Councillors for the balance of the unexpired term or terms to be filled, and as among them, the person or persons receiving the highest number of votes shall fill any vacancy or vacancies which have the longer unexpired term or terms.
(4) On completion of the counting of the ballots, the chairman of the ballot counting committee shall deliver to the president or the Executive Director the results of the poll, together with the ballots and tally sheets in a separate sealed package.
9(1) Prior to the annual meeting, the president or the Executive Director shall inform the candidates in the election of the results of the ballotting including the number of votes cast for each candidate.
(2) The results of the election shall be announced at the annual meeting by the chairman of the meeting.
(3) In case of equality of votes for any officer or Councillor, the president or, in the absence of the president, the chairman of the nominating committee shall cast the deciding vote.
10(1) Any objection to the poll as announced will be valid only if made immediately after the announcement and a proper motion for a recount will then be in order. If such a motion is made and carried the chairman shall appoint a ballot counting committee of not less than 12 professional members who shall forthwith recount all ballots. Candidates may be present or represented at such recount.
(2) On completion of the recount the results shall be communicated in writing to the chairman who shall announce it to the annual meeting immediately. Such recount shall be final and binding.
(3) Following the announcement of the poll or of the recount, as the case may be, the ballots and any tally sheets shall be destroyed.
11 In the event of any failure to comply with procedures relating to the election of members of Council, Council shall have the power to take any action it deems necessary to validate the nomination, the counting of the ballots or the election.
General
37(1) The Council may direct that a mail vote be conducted on any matter related to the Association.
(2) Announcement of a mail vote giving full details of the matter to be voted upon must be made to all professional members at least 21 days in advance of the vote being taken and if objections to a mail vote are received by the Registrar in writing at least 3 days before the announced date of the vote from at least 30 professional members of the Association the matter shall be held over to a meeting of the Association.
(3) A vote by mail shall be declared valid if at least 10 percent of the professional members respond and the matter shall be declared carried or defeated on the basis of a simple majority of the votes returned.
(4) The results of a mail vote shall be considered by the Council at its next regular meeting.
37.1 For purposes of Bylaw 37, a mail vote shall be deemed to include electronic communications within such terms and conditions as may be prescribed from time to time by the Council of the Association and such vote shall be received and treated by the Association as having the same force and effect as if sent by mail under Bylaw 37.