Operating By-Laws
Our organization's operating by-laws are rules that guide our operations and decision-making. They ensure fairness, transparency, and efficiency. They cover member roles, officer elections, and by-law amendments. We are committed to upholding them.
Scarborough Campus Community Radio Incorporated
Operating By-Laws
Last Amended August 2016
ARTICLE 1: INTERPRETATION OF THE CORPORATION​​
1.01 Definitions
ARTICLE 2: HEAD OFFICE AND SEAL
2.01 Head Office
2.02 Seal
​
ARTICLE 3: MEMBERSHIP AND FEES
3.01 Full-Time Undergraduate Students
3.02 Annual Membership Fee
3.03 Other Students
3.04 Termination and Transfer
3.05 Non-Student Membership
​
ARTICLE 4: MEETINGS OF MEMBERS
4.01 Annual General Meeting
4.02 General Meeting
4.03 Requisition of General Meeting
4.04 Notice of a General Meeting
4.05 Chairperson and Minute-Taking
4.06 Attendance at a General Meeting
4.07 Quorum of a General Meeting
4.08 Right to Vote at a General Meeting
4.09 Proxies at a General Meeting
4.10 Scrutineers
4.11 General Meeting Procedure
4.12 Show of Hands at a General Meeting
4.13 Polls at a General Meeting
4.14 Casting Votes at a General Meeting
4.15 Adjournment of a General Meeting
​
5.01 Spring Elections
5.02 By-Elections
5.03 Term of Office
5.04 Election of Directors
5.05 Election Procedures
​
6.01 Members
6.02 Duties
6.03 Attendance at Meetings
6.04 Eligibility
6.05 Quorum in Meetings of the Board of Directors
6.06 Voting in Meetings of the Board of Directors
6.07 Action by the Board
6.08 Vacancies
6.09 Notice of Meetings of the Board of Directors
6.10 Procedure of the Board of Director Meetings
6.11 Persons Entitled to be Present at Board of Director Meetings
6.12 Minutes of Board of Director Meetings
6.13 Rescission of Resolutions
6.14 Auditor’s Attendance at Meetings
6.15 Place of Meeting
6.16 Chair and Minute-Taker
6.17 Remuneration and Expenses
6.18 Interest of Directors in Contracts
​
ARTICLE 7: PROTECTION OF DIRECTORS, OFFICERS & OTHERS
7.01 Indemnity of Directors, Officers and Employees
7.02 Insurance
7.03 Notification of Expiration
​
ARTICLE 8: EXECUTIVE COMMITTEE
8.01 Members of the Executive Committee
8.02 Powers and Duties
8.03 President
8.04 Vice President
8.05 Station Manager
8.06 Finance Manager
8.07 Chair
8.08 Vacancy of Officers
8.09 Agents and Attorneys
8.10 Variations of Duties
8.11 Special Powers
​
9.01 Committees
9.04 Additional Members of Committee
9.05 Term
9.04 Meeting of Committees
9.05 Notice of Committee Meetings
​
ARTICLE 10: COMPLAINTS AND GRIEVANCES
10.01 Committee Structure
10.02 First Appeal
10.03 Further Appeal
​
11.01 Station Manager Hiring
11.02 Staff Hiring
11.03 Staff Duties
11.04 Contracts
11.05 Disciplinary Action
​
ARTICLE 12: AMENDMENTS OF BY-LAWS
12.01 Amendments of By-Laws
12.02 Member’s Approval
12.03 Alternative Approval by Members
12.04 Referendum Procedure
12.05 Approval by Governing Council
12.06 Effective Date
12.07 Access to By-Laws
​
13.01 Method of Giving
13.02 Computation of Time
13.03 Omissions an Errors
​
14.01 Expenditure of Funds
14.02 Preparation of the Operating and Revised Budgets
14.03 Preliminary Budget
14.04 Operating Budget
14.05 Revised Budget
14.06 Approval of Budget
14.07 Borrowing
14.08 Banking Arrangements
14.09 Execution of Instruments
14.10 Fiscal Year
14.11 Financial Statements
​
ARTICLE 15: REFERENDA AND PLEBISCITES
15.01 Referendum and Plebiscite Policy
15.02 Dates of a Referendum or Plebiscite
15.03 Ballot
15.04 Referendum or Plebiscite Ratification
15.05 Membership Voting Entitlement
15.06 Call for Representatives
15.07 Orientation Session for a Referendum or Plebiscite
15.08 Campaigning
15.09 List of Electors
15.10 Polling Stations and Voting
15.11 Ballot Counting
15.12 Scrutineers
15.13 Recount of Ballots
15.14 Appeals and Complaints Process
​
ARTICLE 16: COMMUNITY STANDARDS
16.01 Community Standards
​
Article 1: Interpretation of the Corporation
​
1.01 Definitions – the following are definitions stated in this by-law and all other by-laws of the SCCR Inc. unless otherwise stated:
​
1.01.01 "The Act" means the Ontario Corporations Act or any statute, which may be substituted therefore, as amended from time to time;
​
1.01.02 "Letters Patent” means the letters patent of incorporation of the Corporation as from time to time amended or related;
​
1.01.03 "Board” means the Board of Directors of the Corporation;
​
1.01.04 "SCCR" shall mean Scarborough Campus Community Radio Incorporated;
​
1.01.05 "Constitution" shall mean the SCCR Operating By-Laws or any superseding document(s) or resolution(s) of the organization currently in binding effect;
​
1.01.06 "Governing Council” means the Governing Council of the University of Toronto, or such other body as may succeed the Governing Council or be substituted therefore from time to time;
1.01.07 "Person" includes individual, bodies corporate, partnerships, trust and un- incorporated associations;
​
1.01.08 "University” shall mean the University of Toronto;
1.01.09 "UNIVERSITY OF TORONTO SCARBOROUGH” shall mean the University of Toronto Scarborough;
1.01.10 "Volunteer" shall mean all people who work on behalf of the corporation with or without remuneration;
1.01.11 "SCCR website" shall mean the primary website maintained by the corporation, including the radio station operating site at fusionradio.ca;
1.01.12 “Negligence” shall mean the carelessness that results in the violation or non- observance of the rules and regulations set out by the Board of Directors and by the by-laws resulting in an adverse impact on the employee’s organizational unit.
​
1.01.13 Words importing the singular numbers shall include, where the context permits or requires, the plural and vice versa; similarly, all words importing only a single gender include, where context permits or requires, the female, male and other gender;
1.01.14 All words used in this by-law and defined in the Act shall have the meaning given to such words in the Act.
​
Article 2: Head Office and Seal
​
2.01 Head Office – the head office of the Corporation shall be in the City of Toronto, in the Province of Ontario, at 1265 Military Trail, or at such other locations therein as the Board may from time to time determine by resolution.
​
2.02 Seal – the seal of the Corporation shall be in such form as the Board may from time to time determine by resolution and the name of the Corporation shall be endorsed thereon.
​
Article 3: Membership and Fees
​
3.01 Full-Time Undergraduate Students – any student registered for full-time undergraduate study at the University of Toronto Scarborough in a program leading to a degree, diploma or certificate of the University is a member of the Corporation, upon payment of the annual membership fee pursuant to Section 3.02 hereof.
​
3.02 Annual Membership Fee
3.02.01 The annual membership fee shall be: $4.85 for the fall semester, $4.85 for the winter
semester, and $4.85 for the summer semester.
3.02.01.01 The annual membership fee shall be adjusted annually according to the cost of living or until changed by-law.
​
3.02.02 The corporation may enter into an agreement or arrangement with the University, whereby the University shall collect the annual membership fee from members together with student tuition payment and remit the annual membership fee to the corporation in a manner satisfactory to the directors, in satisfaction of the membership obligations to the members.
3.02.03 Payment of the total annual membership provides membership for a full fiscal year. Payment of a single semester fee only provides membership for that specific semester.
​
3.03 Other Students – any other student of the University of Toronto as defined by the University of Toronto Act, 1971, as amended or re-enacted from time to time, may become a member of the Corporation on Payment to the Corporation of that annual membership fee.
​
3.04 Termination and Transfer – the interest of a member in the Corporation is not transferable and lapses and ceases to exist upon the member’s death or when the member ceases to be a member of the Corporation in accordance with the terms of this section. A member ceases to be member of the Corporation upon such member’s withdrawal, suspension or expulsion from the University or upon otherwise ceasing to be qualified for membership pursuant to Section 3.01.
​
3.05 Non-Student Membership – any member of the community may become a member of the Corporation if they pay the prescribed membership fee and is approved by the Board of Directors.
​
3.05.01 Any member of the community who wishes to be a Fusion Radio DJ must be approved by the Program Manager and pay membership fees.
​
3.05.02 Any member of the community seeking appointment to a position on the board of the Corporation must pay the membership fee upon ratification.
​
Article 4: Meetings of Members
​
4.01 Annual General Meeting
​
4.01.01 The Annual Meeting of members shall be held on such day in each year and at such time at such place on or in the vicinity of the UNIVERSITY OF TORONTO SCARBOROUGH campus as the Board or the Executive Committee may from time to time determine, for the purposes of receiving the financial statements and the auditor's report thereon.
​
4.01.02 Appointing auditors for the annual meeting, the Corporation shall cause a copy of the balance sheet SCCR Inc. and statement of income and expenses, extracted from the Corporation's financial statements and the auditor's report thereon, to be published in an ongoing campus publication as the board or the Executive Committee may by resolution designate.
​
4.01.02.01 Copies of the complete financial statements shall be made available for inspection at head office
​
4.01.03 One (1) Annual Meeting must be held prior to March 28th of the current academic year, wherein the most recent financial statements of the Corporation must be available to members for inspection.
​
4.02 General Meeting – the Board or the Executive Committee shall have the power at any time to call a general meeting for the members of the Corporation to be held on such date and at such time and at such place on or in the vicinity of the UNIVERSITY OF TORONTO SCARBOROUGH campus as may be determined by the Board, the Executive Committee, or the persons calling the meeting.
​
4.02.01 The phrase "meeting of members”, wherever it occurs in this by-law, shall mean and include an annual meeting of members and a general meeting of members.
4.03 Requisition of General Meeting – not less than five hundred (500) members of the Corporation may requisition the Directors to hold a general meeting of members for the purposes stated in the requisition.
4.03.01 The requisition may consist of several documents of like form each signed by the requisitionists, it shall state the purpose of the meeting and shall be deposited at the head office of the Corporation. Upon deposit of the requisition the Directors shall forthwith call a general meeting of the members for the purposes stated in the requisition.
4.03.02 If the directors do not, within thirty (30) days after deposit of the requisition, call a meeting, any of the requisitionists may call the meeting.
​
4.03.03 A meeting called pursuant to this section, 4.03, shall be held as nearly as possible in the same manner as meetings are held under the By-Laws.
​
4.04 Notice of a General Meeting – notice of the date, time and place of every general meeting shall be given to members prior to three (3) weeks immediately preceding the meeting in at least two of the following ways; any university student publication including physical newspaper or digital copy (including website), university news publications or advertising whether physical (including posting boards) or digital (including intranet and social media), SCCR official website (fusionradio.ca), and through physical posting in conspicuous places about campus. The Board or the executive committee may by resolution designate which of these methods to use specifically. Notice of a meeting of members shall state the general nature of the business that is to be transacted thereat.
4.04.01 Notice of the date, time and place of every meeting of members shall be given to the auditors at least fourteen (14) days before the meeting.
4.05 Chairperson and Minute-Taking
4.05.01 In the Chair’s absence, the Vice President shall be Interim Chair at any meeting of members and, if none of the said officers are present within fifteen minutes after the time appointed for holding the meeting, the persons then present entitled to vote shall choose a Chair from amongst themselves.
4.05.02 The Chair of the meeting shall appoint some person, who need not be a member, to act as minute taker of the meeting.
​
4.06 Attendance at a General Meeting – at a general meeting, all directors of the corporation must attend or submit in writing, notice of their absence.
​
4.06.01 Those entitled to vote are the directors, the auditor of the corporation, and members of the corporation.
4.06.02 Any other person may be admitted only on the invitation of the chair of the meeting or with the consent of those attending the meeting
​
4.07 Quorum of a General Meeting – a quorum for the transaction of business at any general meeting shall be fifty (50) members, of whom at least twenty-five (25) members shall be present in person.
​
4.08 Right to Vote at a General Meeting – at a meeting of members each member of the Corporation shall be entitled to one vote, except pursuant to Section 4.09.
​
4.08.01 The status of a person as a member shall be established by presentation of a valid student identity card or by such other means as may be determined by the Board.
​
4.09 Proxies at a General Meeting – every member entitled to vote at a general meeting may by means of a proxy appoint a person, who is a member, as her or his nominee to attend and act at the meeting in such a manner to the extent and with the power conferred by the proxy. No one person shall be able to hold more than twenty-five (25) proxies. The proxy shall:
4.09.01 Be in writing executed by the member of their attorney authorized in writing and shall confirm with the requirements of the Act.
​
4.09.02 Be valid only for the meeting specified therein, as such meeting may be adjourned from time to time, but in any case shall cease to be valid after the expiration of fourteen (14) days from the date thereof.
​
4.09.03 Be deposited with the Chair of the meeting before any vote is cast under its authority, or before such earlier time, not exceeding forty-eight (48) hours, excluding non- business days, preceding the meeting as the Board may fix by resolution.
​
4.09.04 Specify to what motion(s) to which it pertains.
​
4.10 Scrutineers – at each general meeting, one or more scrutineers, who need not be members of the Corporation, may be appointed by a resolution of the meeting or by the Chair to serve at the meeting.
​
4.11 General Meeting Procedure – all questions proposed shall be determined by a majority vote.
4.12 Show of Hands at a General Meeting – subject to the provisions of the Act, any question at a meeting of members shall be decided by a show of hands unless a poll is demanded. Upon a show of hands every person who is present and entitled to vote shall have one vote.
4.12.01 The results of each question asked shall be recorded in the meeting minutes.
4.13 Polls at a General Meeting – the Chair of a general meeting or those entitled to vote may
demand a poll be taken on any question asked.
​
4.13.01 The requirement or demand for a poll may be withdrawn at any time prior to the taking of the poll.
​
4.14 Casting Votes at a General Meeting
​
4.14.01 In case of an equality of votes at any general meeting, either upon a show of hands or upon a poll, the Chair of the meeting shall not be entitled to a second or casting vote and the resolution shall be deemed to be defeated.
4.14.02 In the case of an equality of votes at any Board of Directors meeting, either upon show of hands or upon a poll or by secret ballot, the Chair of the meeting shall be entitled to a second or casting vote.
4.15 Adjournment of a General Meeting – the Chair presiding at a meeting of members may, with the consent of the meeting and subject to such condition as the meeting may decide, adjourn the meeting from time to time and from place to place.
​
Article 5: Election
5.01 Spring Elections – an election shall be held in the spring term for the election of Directors, pursuant to Section 6.01 b.
5.01.01 The date of the election shall be determined by the Board provided that it shall be no earlier than February 28th and no later than March 28th.
5.01.02 Notice of the date of the election shall be given at least one month prior and the notice shall include information respecting nomination procedures. Notice shall be given in the same manner as notice of a meeting of members.
​
5.02 By-Elections – a by-election shall be called by the Board to fill any vacancy which may occur in the Board within forty-five (45) days of the position becoming vacant.
5.02.01 Notwithstanding the provisions of Section 5.05 hereof, upon resolution of the Executive committee, if no member is nominated to fill a vacancy as aforesaid from among the members in the Constituency to which the vacancy applies, nomination for a member to fill such vacancy shall be re-opened and a member who is not a member of such Constituency may be nominated and elected to fill such vacancy, provided that no member may be a candidate in more than one Constituency during this second round of by-elections.
5.03 Term of Office – the Directors and officers elected in the Spring Elections or in any By- Election, pursuant to Section 5.02, shall take office in accordance with the provisions of Section 5.05 hereof, and shall hold office until the Joint Meeting held following the next Spring Election, unless otherwise noted.
5.04 Election of Directors – the number of Directors provided for each Constituency pursuant to Section 6.03 hereof, shall be nominated and elected by and from among the members in the respective Constituencies by the votes cast in a secret ballot.
5.04.01 Each member shall be eligible to vote for the Directors in such Constituency, and shall be entitled to one vote for each of such Directors.
5.05 Election Procedures – the Executive Committee, as established pursuant to Article 8, shall make all preparations for the elections contemplated by this Article 5. The procedures related to holding elections for membership of the Corporation’s Board of Directors shall be detailed in policy.
​
Article 6: Directors
6.01 Members – the Board will consist of twelve (12) members, made up of the following:
​
6.01.01 Voting Members:
​
6.01.01.01 Five (5) full-time student members:
i President;
ii Vice President;
iii Treasurer;
iv Two (2) Student Directors;
​
6.01.01.03 Station Manager
​
6.01.01.04 DJ Representative
​
6.01.02 Non-Voting Members:
​
6.01.02.01 Finance Manager;
​
6.01.02.02 Marketing Director;
​
6.01.02.03 Technical Director;
​
6.01.03 Members outlined in Section 6.01.01 will require an election as outlined in the general elections policy.
6.01.04 Members as outlined in 6.01.02 will be hired as per Section 11.01 of this document.
6.01.05 DJ Representative outlined in 6.01.01.04 will require an election from the constituency of registered DJs and hosts with approved shows by the Program Director.
​
6.02 Duties – the Board shall manage, or supervise the management of, the affairs and business of the Corporation.
​
6.02.01 Directors shall act with diligence, honesty and good faith in the best interest of the Corporation.
​
6.02.02 Directors shall report on the activities of the Corporation on a regular basis to their respective constituents.
​
6.03 Attendance at Meetings – directors of the Board shall:
​
6.03.01 Regularly attend meetings of the Board and the Committees to which they have been
appointed;
​
6.03.02 Be permitted to miss meetings of the Board, without it counting towards their non- attendance, provided that all of the following apply:
​
6.03.02.01 The meeting was missed in carrying out business of the Corporation;
​
6.03.02.02 The Chair is provided sufficient notice ahead of the meeting;
6.03.02.03 The Chair accepts the director’s explanation for their absence.
​
6.03.03 Any director shall be deemed to have resigned following non-attendance of three (3) meetings. Their position shall be considered vacant unless, at the next meeting of the Board, the said director provides justification to the Board acceptable to the majority of members present.
​
6.03.03.01 Any reinstated director who is absent from two (2) further meetings shall be deemed permanently resigned, and their position shall be considered vacant.
6.04 Eligibility – each Director and Officer shall, at the time of their nomination and election to office, and throughout their term of office, be a member of the Corporation.
6.04.01 A Director or Officer of the Corporation shall cease to be eligible to remain in office if the Director or Officer:
​
6.04.01.01 Ceases to be a member of the Corporation;
​
6.04.01.02 At any time becomes of unsound mind or is found by any court of competent jurisdiction to be mentally incompetent;
​
6.04.01.03 At any time becomes bankrupt;
​
6.04.01.04 Submits a written resignation from such office;
​
6.04.01.05 Subsequent to September 1 of any year, fails to attend three (3) consecutive meetings of the Board or any four (4) meetings of the Board and the Board does not otherwise resolve that such Director or Officer shall continue to be eligible to remain in such office.
6.05 Quorum in Meetings of the Board of Directors – a majority of 50% plus one (1) of the voting members in office of the board shall constitute quorum for the transaction of business.
6.06 Voting in Meetings of the Board of Directors – all directors shall have one vote at each Director’s meeting, unless a director holds a proxy. The proxy shall:
6.06.01 Be in writing executed by the member of their attorney authorized in writing and shall confirm with the requirements of the Act;
6.06.02 Be submitted to the Chair with sufficient notice ahead of meeting specified therein;
​
6.06.03 Be valid only for the meeting specified therein, as such meeting may be adjourned from time to time, but in any case shall cease to be valid after the expiration of fourteen (14) day from the date thereof.
​
6.07 Action by the Board – the Board shall make all determinations and take all such action in exercise of its powers by, or pursuant to, a by-law or resolution passed at a meeting of Directors at which a quorum is present.
6.07.01 The Board may, by resolution, decide to present any question to members for determination by referendum.​
​
6.07.02 The Directors and Officers shall be free to adopt public positions and make recommendations to the members with respect to such questions.
6.07.03 Not less than five hundred (500) members of the Corporation may requisition the Board to hold a referendum with respect to passing any resolution that may properly be passed at a meeting of the Board.
6.07.03.01 The provisions of section 6.08 and 6.08 hereof shall apply allowing other things to change accordingly to such requisition and referendum.
​
6.08 Vacancies – if an elected director vacancy should occur in the Board, a by-election shall be held in the constituency which elected the director whose office has been vacated pursuant to the provisions of section 5.02 hereof.
6.08.01 Such vacancy shall not be filled by the Directors remaining in office.
6.08.02 If an appointed vacancy should occur on the Board, the Board shall advertise and seek to reappoint individuals to those vacancies pursuant to section 6.01.03 – 6.01.05. When necessary, a Hiring Committee shall be struck pursuant to Article 9.
​
6.09 Notice of Meetings of the Board of Directors – the Executive Committee, as provided for under Article 8 shall, no later than the first day of the summer semester, give notice of the time, place and date of regular meetings of the Directors for the academic year. It is the responsibility of the Directors of the Board to schedule meetings at the first Board of Directors meeting of the term.
6.09.01 Notice shall also be given to members by posting, at least forty-eight (48) hours before the start of each meeting, the time, place and date of the meeting.
6.10 Procedure of the Board of Director Meetings – subject to the letter patent and by-
laws, Robert’s Rules of Order, Newly Revised shall form the rules of procedure of the Board.
6.11 Persons Entitled to be Present at Board of Director Meetings – all meetings of the Board and Committees of the Board shall be open to the public unless otherwise decided by a majority of the voting Directors present.
6.11.01 If a meeting is closed to the public, the reason therefore shall be announced at the next Board meeting.
6.12 Minutes of Board of Director Meetings – each Committee shall provide minutes of its meetings to the Directors for approval. Any section of such minutes shall upon request of anyone member of the Board, be made an external resolution requiring approval of the Board. All minutes that have been distributed to the Directors shall be included on a list of minutes that shall be distributed to Directors at least forty-eight hours before the Board meeting.
6.13 Rescission of Resolutions – all resolutions passed by the Board shall remain in force until rescinded.
6.13.01 Resolutions of the Board may be rescinded by a two-thirds vote of the Directors present if notice of resolution to rescind has been given at least twenty-four (24) hours prior to the meeting of the Board of Directors at which the resolution is to be considered.
​
6.14 Auditor’s Attendance at Meetings – the auditor of the Corporation shall be entitled to attend and be heard at meetings of the Board on matters relating to the financials.
6.15 Place of Meeting – meeting of the Board of Directors and of the Executive Committee must be held within the Province of Ontario.
6.16 Chair and Minute-Taker
6.16.01 In the Chair’s absence, the Vice President shall be interim Chair at any meeting of members and, if none of the said officers are present within fifteen (15) minutes after the time appointed for holding the meeting, the persons then present entitled to vote shall choose a Chair from amongst themselves.
6.16.02 The Chair of the meeting shall appoint some person, who need not be a member, to act as minute taker of the meeting.
6.17 Remuneration and Expenses – the Directors shall not be paid any remuneration for their services as Directors.
6.17.01 The Directors may, with the approval of the Board of Directors, be reimbursed for traveling and other expenses properly incurred by them in attending meetings of the Board or any Committee thereof.
6.17.02 Nothing herein contained shall preclude any Director from serving the Corporation in any other capacity and receiving remuneration therefore.
6.17.03 The Directors may, by resolution, approve the payment of remuneration to the members of the staff of SCCR Inc. in respect of their employment.
6.18 Interest of Directors in Contracts – subject to the provisions of the Act, it shall be the duty of every Director of the corporation who has, directly or indirectly, any material interest in any material contract or transaction to the Corporation or a subsidiary thereof is, or is to be, a party, other than a contract of remuneration as a Director, officer or employee, to disclose such interest in such contract or transaction in accordance with the requirements of the Act and to refrain from voting in respect thereof at any meeting of the Board of Directors, and any Director so disclosing such an interest will not be counted as being present at the meeting for the purpose of determining whether a quorum is present at the time a vote is taken in respect of the contract or transaction in which the Director has disclosed such an interest.
​
Article 7: Protection of Directors, Officers & Others
7.01 Indemnity of Directors, Officers and Employees – every Director, Officer and employee of the Corporation and their heirs, executors, administrators and other legal personal representative shall from time to time be indemnified and saved harmless by the Corporation from and against:
7.01.01 Any liability and all costs and expenses that they sustain or incur in respect of any action, suit or proceeding that is proposed or commenced against them for or in respect of anything done or permitted by them in respect of the execution of their duties;
​
7.01.02 All costs, charges and expenses that they sustain or incur in respect of the affairs of the Corporation;
​
7.01.03 Provided that no Director or Officer of the Corporation shall be indemnified by the Corporation in respect of any liability, costs, charges or expenses that they sustain or incur in or about any action suit or other proceeding as a result of which they are adjudged to be in breach of any duty or responsibility imposed upon them under the Act or under any other statute unless, in an action brought against them in their capacity as Director, officer or employee, they have achieved complete or substantial success as a defendant.
​
7.02 Insurance – subject to the provisions of the Act, the Corporation may purchase and maintain such insurance for the benefit of its Directors, officers or employees as the Board may from time to time determine.
7.03 Notification of Expiration – upon expiration of any insurance outlined in section 7.02, or upon any other event leading to a reduction or elimination of insurance for the benefit of the Directors, officers, or employees, the administrator shall give actual notice of such expiration, reduction or elimination to all Directors, officers, and employees.
​
Article 8: Executive Committee
8.01 Members of the Executive Committee – the Corporation shall have the following officers who shall form the Executive Committee of the Board of Directors:
8.01.01 President;
8.01.02 Vice President;
8.01.03 Station Manager;
8.01.04 Finance Manager.
​
8.02 Powers and Duties – the Executive Committee shall carry out all decisions of meetings of the Board of Directors and shall have such specific powers and duties as are provided in this by- law or as may be delegated to it from time to time by the Board of Directors.
​
8.02.01 Without limiting the foregoing, the powers of the Executive Committee include the power to:
​
8.02.01.01 Authorize the reimbursement of the reasonable expenses incurred by Directors and officers of the Corporation in carrying out their duties, including their attendance at meetings of the Board of Directors and the Executive Committee
8.02.01.02 Authorize the reimbursement of the reasonable expenses incurred by members of the Corporation in carrying out their duties as members of Committees or otherwise being engaged in approved projects
8.02.01.03 Employ such staff as it deems necessary and determine and review their terms of employment
​
8.02.01.04 Establish special Committees and appoint the chairs thereof, for such purposes as may be determined by the Executive Committee, and terminate any such special Committee when its purpose has been fulfilled
8.02.01.05 Recommend to the Board a budget for the allocation of Corporation funds in accordance with Article 14, expend funds of the Corporation in accordance with the budget, as approved by the Directors, and establish procedures for the administration of the corporation's funds;
​
8.02.01.06 Recommend the agenda for meetings of the Board.
​
8.02.02 The duties of the Executive Committee include:
​
8.02.02.01 The Executive Committee shall fix its own rules of procedure and shall meet when, where and as provided by such rules or by resolution of the Board.
​
8.02.02.01.01 Every question considered by the Executive Committee shall be determined by a majority of the votes cast on the question and in the case of an equality of votes, the resolution shall be deemed to be defeated.
8.02.02.01.02 Any resolution of the Executive Committee may be referred by the President to the next meeting of the Board of Directors for approval.
​
8.02.02.02 Three (3) members of the Executive Committee shall constitute a quorum for the transaction of business.
8.02.02.03 Minutes of the Executive Committee must be forwarded to the Board within forty-eight (48) hours.
8.03 President
8.03.01 The President shall:
​
8.03.01.01 Serve as the official representative of the Corporation;
8.03.01.02 Be an ex-officio member with a vote on all committees of the Corporation;
8.03.01.03 Act as Chair of the meetings of the Executive Committee and the Board of Directors pursuant to Section 8.07;
8.03.01.04 Schedule and be responsible for the Annual General Meeting;
8.03.01.06 Have knowledge of the constitution, bylaws and policies;
​
8.03.01.06 Must oversee all directors and the Station Manager;
8.03.01.07 Must keep track of date requirements for elections;
8.03.01.08 Ensure timely reporting and evaluations of Staff and the Station manager.
​
8.03.01.09 Be the official contact of the Incorporation with University of Toronto Scarborough Department of Student Life.
​
8.03.02 Remuneration – the President shall receive no remuneration.
​
8.03.03 Term – no person shall serve as President for more than four (4) consecutive terms.
​
8.04 Vice President
8.04.01 The Vice President shall:
8.04.01.01 In the absence of the President, perform the duties of the President;
​
8.04.01.02 Recommend policy to the Executive Committee with respect to the matters of the corporation;
8.04.01.03 Have knowledge and custody of the constitution and bylaws; Ensure that all committees meet regularly and report to the Board;
​
8.04.01.04 Keep track of all date requirements for hiring;
​
8.04.02 Remuneration – the Vice President shall receive no remuneration.
8.04.03 Term – no person shall serve as Vice President for more than four (4) consecutive
terms.
​
8.05 Station Manager
8.05.01 The Station Manager shall:
​
8.05.01.01 Act as a chief administrative officer and chief operating officer;
8.05.01.02 Be immediately responsible to the President;
8.05.01.03 Act as manager of all staff;
8.05.01.04 See to the smooth running of the Corporation;
8.05.01.05 In consultation with the Finance Manager, receive and administer all funds accruing to the Board;
8.05.01.06 In consultation with the Finance Manager, be responsible for maintaining the financial records of the Corporation's publications;
8.05.01.07 Be an ex-officio member with a vote on the Board and all the corporation’s committees;
8.05.01.08 Act as a liaison between staff and the Board;
8.05.01.09 Sit on hiring committee for staff as per Section 11.01 and 11.03;
8.05.01.10 Be responsible for staff evaluations and reports to the board.
​
8.05.01.11 Be the official contact of the Incorporation with businesses, incorporations, law enforcement officials, Scarborough Campus Student Union, all departments of the University of Toronto, and all departments of the University of Toronto Scarborough in exception to the Department of Student Life, pursuant to Section 8.03.01.09 of these By-laws.
​
8.05.02 Term - Station Manager, for purposes of continuity shall serve their duties until resignation or termination pursuant to Section11.05 of these By-Laws.
​
8.06 Finance Manager
8.06.01 The Finance Manager shall:
​
8.06.01.01 Be responsible for the weekly maintenance and security of the financial records of the corporation;
8.06.01.02 Be responsible for the coordination and preparation of the annual budget and any subsequent revisions to be presented to the board of directors;
8.06.01.03 Be an ex-officio member with a vote on all Committees of the Corporation;
8.06.01.04 Ensure the orderly transfer of all assets, books and other financial records to the incoming Finance Manager;
8.06.01.05 Be responsible for the preparation of the annual audit to be submitted to student affairs by November 30th;
8.06.01.06 Be responsible for the timely remuneration of staff;
8.06.01.07 Ensure that all disbursements are made within five (5) business days,
8.06.01.08 Have knowledge of the Constitution, bylaws and policies;
8.06.01.09 Maintain the documentation of all bank accounts, including accounts held with Royal Bank of Canada and ING Direct.
8.06.01.10 Transfer of excess funds into SCCR Inc. ING Direct Business Savings Account.
8.06.01.11 Act as Chair of the Staff Hiring Committee.
8.06.01.12 Ensure timely signing of staff contracts.
​
8.06.02 Term – Finance Manager, for purposes of continuity, shall serve their duties until resignation or termination pursuant to Section 11.05 of these By-Laws.
​
8.07 Chair
​
8.07.01 The Chair shall:
8.07.01.01 Preside at meetings of the Board and of Members;
8.07.01.02 Provide official interpretation on the resolutions of the Board;
8.07.01.03 Have full understanding of Roberts Rules of Order, Newly Revised, SCCR by-laws, and all other policies;
8.07.01.04 Responsible for the scheduling and posting notice of all meetings;
​
8.07.01.05 Provide hard copies of all meeting documentation ready for distribution at each meeting;
​
8.07.01.06 Prepare agendas for all meetings;
​
8.07.01.07 Ensure the standardization of minutes, agendas and document filenames;
8.07.01.08. Be responsible for the orderly conduct of all meetings;
​
8.07.01.09 Be responsible for providing refreshments at each meeting in accordance to SCCR Inc. operating budget.
​
8.08 Vacancy of Officers – upon the office of President, Vice President, Finance Manager becoming vacant, the Board shall designate the Vice President, or if the Vice President is unable to act, another member of the Executive Committee to perform the duties of the vacant position, in addition to their current duties, no later than thirty (30) days following such vacancy.
8.08.01 The designated officer shall perform the duties of the vacant position until such time as a new board member is elected.
​
8.09 Agents and Attorneys – the Board shall have power from time to time to appoint Agents or Attorneys for the Corporation in or out of Ontario and such powers of management or otherwise (including the power to sub-delegate) as the Board may determine.
8.10 Variations of Duties – from time to time the Board may vary, add to or limit the powers and duties of any officer, Agent or Attorney of the Corporation.
8.11 Special Powers – should it become temporarily impossible for the Board to meet, and should it become urgent to make certain decisions falling within the jurisdiction of the Board, the Executive Committee may assume the powers of the Board until such time as the Board again finds it possible to meet.
8.11.01 This special power shall only be used in case of absolute necessity, and decisions made shall be subject to a ratification vote at the next Board meeting.
​
Article 9: Committees
9.01 Committees – subject to subsection 9.01.01 hereof, the Board or the Executive Committee may from time to time establish Committees with such duties and powers and for such purposes as the Board or the Executive Committee, as the case may be, shall determine at the time of such establishment.
9.01.01 The membership of such Committees shall be determined by the Board or the Executive Committee as the case may be.
​
9.02 Additional Members of Committee – subject to the approval of the Board, the members of each Committee may appoint other members of the Corporation to be members of the Committee with a vote.
9.03 Term – non-Board members of Committees shall serve until the dissolution of the committee or end of the fiscal year. Subject to the approval of the Board, a member may be removed from a committee by a motion for removal passed by a majority vote of Committee members present at the meeting.
9.04 Meeting of Committees – each Committee shall, subject to the approval of the Board, fix its own rules of procedure and shall meet when, where and as provided by such rules or by resolution of the Board.
9.04.01 Every question considered by a Committee shall be determined by a majority of the votes cast and in the case of an equality of votes shall be deemed to be defeated.
9.04.02 A majority of the members of the Committee or four (4) members thereof, whichever is less, shall constitute a quorum for the transaction of business.
9.05 Notice of Committee Meetings – actual Notice of all Committee meetings shall be given to all members of the Committee not less than twenty-four (24) hours before the time when the meeting is to be held.
9.05.01 Notice is not necessary if all of the Committee members are present or if those absent waive notice or otherwise specify their consent to the holding of such a meeting.
Article 10: Complaints and Grievances
10.01 Committee Structure – when a complaint arises, a committee comprised of the President, Vice President, and Station Manager will be convened. This committee will only be struck when a complaint relating to the Corporation’s organization, operations or structure is received.
10.01.01 A formal written complaint should be lodged with the President. The President will provide copies of the written complaint to the committee members and any relevant parties.
10.01.02 The complaint will be addressed at a committee meeting to be held no later than fourteen (14) days following the submittal of the complaint.
​
10.02 First Appeal – if the complaint is not resolved to the satisfaction of the complainant the Board will address the complaint at the next regularly scheduled Board meeting.
10.02.01 The Board will meet and hear the complaint and present its decision, in writing, to the President of the Corporation and a copy to the complainant at the next regularly scheduled Board meeting.
10.03 Further Appeal – should the complainant file a further appeal which has already been ruled upon by the Board, this must be submitted, in writing, to the Assistant Principal (Students) in the Office of Student Affairs at the University of Toronto, Scarborough.
​
Article 11: Administration
11.01 Station Manager Hiring – the Station Manager Hiring Committee will be composed of the outgoing President, Vice President and outgoing Station Manager.
11.01.01 If the any of the above individuals are seeking appointment to Station Manager, the Hiring Committee shall be filled with the following, in this order:
11.01.01.01 Finance Manager;
11.01.01.02 Member of the Board of Directors as determined by Chair of the Hiring
Committee.
11.02 Staff Hiring – the Staff Hiring Committee shall be composed of the President, Vice President, and Station Manager.
11.02.01 If the any of the above individuals are seeking appointment to any position outlined in Section 11.03.02, the Hiring Committee shall be filled with the following, in this order:
​
11.02.01.01 Finance Manager;
11.02.01.02 Member of the Board of Directors as determined by Chair of the Hiring Committee.
​
11.02.02 Staff to be hired include:
11.02.02.01 Finance Manager;
11.02.02.02 Marketing Director;
11.02.02.03 Technical Director;
11.02.02.04 Any other positions as determined by the board.
11.02.02.05 Staff to be hired by decision of the Executive Committee:
11.02.02.05.01 Events Coordinator and Event Equipment Manager;
11.02.02.05.02 Two (2) Work Study Students (duties to be decided on an annual basis by the Executive Committee).
​
11.02.03 Incoming staff are to be hired upon vacancy due to resignation or termination pursuant to Section11.05 of the preceding staff member within fourteen (14) days of vacancy.
​
11.03 Staff Duties
11.03.01 The duties and responsibilities of each of staff position will be laid out in each staff’s
respective staff manual, job description and contract.
11.03.02 Staff will be required to present a monthly report to the President and Vice President that logs their activity for that month for approval of remuneration.
​
11.04 Contracts
​
11.04.01 All persons, in order to hold any paid position, shall enter into a contract with Fusion Radio subsequent to approval or election by the appropriate authorities as outlined in the by-laws.
11.04.02 The contract shall require the persons to fulfill certain duties and accept certain responsibilities, which shall be outlined in the position’s description and/or the by- laws.
​
11.05 Disciplinary Action
11.05.01 The Station Manager or Board of Directors may carry out disciplinary action as deemed fit in any the following situations:
​
11.05.01.01 A staff member is neglectful of their duties and tasks or when negligence is displayed;
11.05.01.02 Disrespectful or aggressive behaviour towards other staff members or the members of the Board;
11.05.01.03 Insubordination, which may include an overt display of such behaviour to the direct supervisor or members of the Board;
​
11.05.01.04 In the event that a staff member has displayed any of the following incompetencies isolated or in combination:
i Inefficiency;
ii Inability to perform assigned duties;
iii Substandard performance (incompetence) whether they be
isolated instances or severe episodes of inefficiency, reduced productivity, missed deadlines, disorganization, poor decision making, lack of initiative, inability or unwillingness to follow established procedures/processes;
iv Other performance deficiencies, especially if performance is not substandard overall as noted by the supervisor and the board of directors.
​
11.05.01.05 Excessive absenteeism with unreasonable/unacceptable number or frequency of absences of an employee resulting in a negative impact on the workplace;
​
11.05.02 Occurrences of any of the aforementioned may result in disciplinary action in the following order:
11.05.02.01. First occurrence – oral reprimand;
​
11.05.02.02 Second occurrence – written reprimand;
​
11.05.02.03 Third occurrence – dismissal.
​
11.05.03 Responsibility of enforcement of the procedures outlined in this by-law pertaining to the duties of staff shall rest with the President & the Station Manager.
​
Article 12: Amendments of By-Laws
12.01 Amendments of By-Laws – the Directors may, by resolution passed by two-thirds of the Directors present and voting at a meeting of the Board of Directors, make, amend, or repeal any by-laws not contrary to law, the Act or letters patent that regulate the affairs of the Corporation. Notice of a meeting of the Board of Directors called to consider such a resolution shall, in addition to the other requirements imposed by these by-laws be given as follows:
12.01.01 Notice of the full text of the proposed by-law, or amendment shall be given to each Director at least fourteen (14) days prior to the date of the meeting called to consider same;
12.01.02 A summary of the proposed by-law or amendment shall be published either by The Underground, The Varsity or any other comparable campus news source (distributed or promoted on the University campuses and having comparable distribution) as the Board or the Executive Committee may by resolution designate, at least fourteen (14) days prior to the date of the meeting called to consider same and the full text thereof shall be available without cost to any member upon request at the offices of the Corporation;
12.01.03 A summary of the proposed by-law or amendment shall be published on the SCCR Inc. website at least fourteen (14) days prior to the date of the meeting.
12.02 Member’s Approval – the Directors shall submit an amendment, repeal or re-enactment of all Articles of this by-law dealing with the subject matter dealt with in such Articles to the members at the next meeting of members.
12.02.01 The members may, subject to the requirements of the Act, by a majority of the votes cast by the members who voted in respect thereof confirm, reject or amend the by- law, amendment or repeal.
12.03 Alternative Approval by Members – the Directors may, by resolution, determine to submit a by-law, or an amendment or repeal of a by-law requiring approval of members pursuant to Section 12.02 to the members for approval by referendum. In that case, a referendum shall be held pursuant to Section 12.04 hereof and the members may, subject to the requirements of the Act, by a majority of the votes cast in the referendum, confirm or reject the by-law, amendment or repeal.
12.04 Referendum Procedure – a referendum of the members of the Corporation for the purposes of determining a question pursuant to section 12.03 hereof, shall be conducted in accordance with the following provisions:
12.04.01 Those procedures pursuant to section 15.01;
12.04.02 The notice shall include the text of the question or questions to be voted upon in the
referendum;
12.04.03 The full text of the by-law enactment, amendment or repeal shall be available without cost to all members of the Corporation at locations on the UNIVERSITY OF TORONTO SCARBOROUGH campus determined by the Board;
12.04.04 The referendum shall be conducted by secret ballot and each member shall be entitled to cast one vote;
12.04.05 The majority of the votes cast in the referendum (excluding invalidated ballots) shall determine the question, subject to the requirements of the Act.
​
12.05 Approval by Governing Council – any amendment, repeal or re-enactment of Article 3, 5, 7, or Sections 4.01, 4.03, 14.03, 14.07, or 14.11 of this by-law shall be effective only upon approval thereof, by the governing council.
12.06 Effective Date – a by-law, amendment of repeal of a by-law shall be effective when enacted by the Board of Directors, unless the approval of members is required pursuant to Section 12.02, in which case the by-laws, amendment or repeal shall be effective only upon confirmation thereof by members pursuant to either section 12.02 or section 12.03 hereof.
12.06.01 Provided that such by-law, amendment or repeal shall not be enforced or acted upon until the approval thereof by the Minister of Consumer and Corporate Affairs has been obtained.
12.07 Access to By-Laws – a copy of this by-law shall be submitted to the Office of Student Affairs (University of Toronto Scarborough) and the Office of Student Affairs (University of Toronto). As well, the by-laws will be made available to all members of the Corporation at the Head Office.
12.07.01 Any changes to this by-law will be reported to the Office of Student Affairs (University of Toronto Scarborough) and the Office of Student Affairs (University of Toronto) and a revised copy will be forwarded.
Article 13: Notices
13.01 Method of Giving – any notice, communication or other document to be given or sent by the Corporation to a member, director, officer, or auditor of the Corporation under any provision of the letters patent or by-laws of the Corporation or the Act, shall be sufficiently given if it is:
​
13.01.01 Delivered personally to the person to whom it is to be given;
13.01.02 Delivered to the person's latest address as shown on the records of the Corporation;
13.01.03 Mailed and pre-paid ordinary mail or by air mail, in a sealed envelope addressed to the person at such person's latest address as shown on the records of the Corporation;
13.01.04 Sent to the person at the person's latest address (as shown on the records of the Corporation) by any form of transmitted or recorded communication (including electronic communication);
13.01.05 Published in an ongoing campus publication, as the board or Executive Committee may by resolution designate. Provided that this paragraph shall not apply in respect of notice to the auditor of the Corporation;
13.01.06 Telephoned to the person or a message left with a person who could reasonably be expected to communicate the message to such person provided that this paragraph shall not apply in respect of notice to the auditors of the Corporation;
13.01.07 In the case of a Director, deposited in that Director's mailbox at the corporation's head office, except where otherwise provided in these by-laws.
​
13.01.08 Where on three (3) consecutive occasions, notices, communications or other documents have been mailed to a member at the member's latest address as shown on the records of the Corporation and where on three consecutive occasions, notices, communications or other documents have been returned by the post office to the Corporation, the Corporation shall not be required to mail to the member any further notices, communications or other documents until such time as the Corporation receives written notice from the member requesting that notices, communications or other documents be sent to the member at a specified address.
​
13.01.09 The Vice President may change the address on the records of the Corporation of any person in accordance with any information believed by the Vice President to be reliable.
​
13.02 Computation of Time – in computing the date when notice must be given pursuant to any requirement for specified number of days' notice of any meeting or other event, the date on which the noticed is given shall be included and the date of the meeting or other event shall be excluded.
13.03 Omissions an Errors – the accidental omission to give any notice to any member, Director, officer or auditor or the non-receipt of any notice by any such person or any error in any notice not affecting the substance thereof, shall not invalidate any action taken at any meeting held pursuant to such notice or otherwise found thereon.
​
Article 14: Financial Matters
14.01 Expenditure of Funds – the funds of the Corporation shall be expended only pursuant to a budget approved by the Directors.
14.01.01 Notwithstanding the foregoing, the Station Manager approve the expenditure of no more than $2500 of the corporation’s funds pursuant to sections 8.02 of these By- Laws.
14.02 Preparation of the Operating and Revised Budgets – budgets shall be prepared by the Finance Manager, based upon the information provided by the Station Manager and committee chairs concerning the proposed expenditures and financial requirements of their respective committees. The Finance Manager shall submit budget recommendations to the Executive Committee for its consideration and the Executive Committee shall submit a budget to the Board of Directors for approval.
14.03 Preliminary Budget – the outgoing Finance Manager shall present a preliminary budget, as approved by the outgoing Executive Committee, to the first board meeting of new Directors. The Preliminary Budget shall authorize the expenditure of funds until the approval of the Operating Budget, and may also provide for allocation of a contingency amount, which may be expended as approved by the Executive Committee.
14.04 Operating Budget – the Station Manager and committee Chairs shall, no later than May 30th of each year, provide information to the Finance Manager as to the proposed expenditures and financial requirements of their respective committees for the current fiscal year, as approved by resolution of their respective committees.
14.04.01 The Finance Manager shall present a proposed operating budget to the Board of Directors for their consideration, no later than June 30th of each year.
​
14.04.02 The operating budget shall be the major budget for the fiscal year, shall determine a target for the operating surplus or deficit for the fiscal year, and shall provide for all expenditures of the Corporation for the balance of the fiscal year.
14.05 Revised Budget – the Finance Manager shall present a proposed revised budget to the Directors for their consideration no later than January 30th of each year.
14.05.01 The revised budget shall provide revised estimates of income and expenditures to reflect the financial position of the Corporation for the current fiscal year. Along with the revised budget the Finance Manager must present a variance analysis of budgeted vs. actual expenditures.
14.06 Approval of Budget – the preliminary budget, the operating budget and the revised budget shall be approved by a majority vote of the Directors present and voting at a meeting of Directors.
14.06.01 A budget may be amended or repealed only by a two-thirds vote of the directors present and voting at a meeting of Directors.
14.07 Borrowing – the Board may from time to time:
14.07.01 Borrow money on the credit of the Corporation;
14.07.02 Charge, mortgage, hypothecate or pledge all or any of the real or personal property of the Corporation including book debts, rights, powers, franchises and undertakings to secure any securities or any money borrowed, or other debt, or any other obligation or liability of the Corporation.
14.07.03 Notwithstanding the foregoing, the Corporation shall not, without the approval of the Governing Council,borrow money other than from chartered banks or trust companies, provided that such restriction shall not apply to purchase money obligations; or borrow money which is not fully repayable during a term of one year or less, unless approved by a resolution passed by two-thirds of the Directors present and voting.
14.08 Banking Arrangements – the banking business of the Corporation, or any part thereof, shall be transacted with such bank, trust company or other firm or body corporate as the Board may designate, appoint or authorize from time to time and all such banking business, or any part thereof, shall be transacted on the Corporation's behalf by such one or more officers or other persons as the Board may designate, direct or authorize from time to time and to the extent thereby provided.
14.09 Execution of Instruments – instruments requiring the signatures of the Corporation must be signed by Station Manager and Finance Manager.
14.09.01 If necessary, due to the absence of two of the aforementioned individuals, a member of the Executive Committee may sign.
14.09.02 Any member of the Executive Committee may certify, under the corporate seal, copies of any by-law, resolution, minutes or other document relating to the Corporation and any officer may sign a certificate under the seal of the Corporation as to matters of fact in connection with the Corporation within the purview of authority of such officer.
14.09.03 Instruments so signed shall be binding upon the Corporation without further authorization or formality.
14.09.04 The Board may, at any time and from time to time, direct the manner in which any person or persons by whom any particular instrument, class of instruments or instruments in general shall or may be signed.
14.09.05 The corporate seal shall be affixed to any instrument on which the seal is required.
14.09.06 For the purpose of section, "instruments" include contracts, deeds, mortgages, transfers and assignments of any property of the Corporation, proxies, obligation, certificates and any other documents.
​
14.10 Fiscal Year – the fiscal year of the Corporation shall end on the 30th day of April each year.
14.11 Financial Statements – the Corporation shall comply with the financial statements requirements of the Act, which are applicable to the Corporation. Notwithstanding the generality of the foregoing, the Corporation shall cause to be prepared the following financial statements, including but not limited to:
• Balance Sheet;
• Statement of Income and Expenses;
• Statement of Accumulated Equity;
• Statement of Change in Financial Position.
14.11.01 The financial statements of the Corporation and the auditor's report thereon shall be published and made available for distribution to members of the Corporation in accordance with the provisions of section 4.01 hereof, and shall be filed with governing council not later than 7 months following the end of the corporation’s fiscal year.
Article 15: Referenda and Plebiscites
15.01 Referendum and Plebiscite Policy – A referendum or plebiscite must be initiated by one of the following mechanisms:
i A motion approved by the SCCR Inc. Board of Directors
15.01.01 The question to be included on the referendum or plebiscite ballot must appear in the motion approved by the Board.
ii A petition signed by no less than fifty (50) active members of SCCR.
15.01.02 The question to be included on the referendum or plebiscite ballot must appear on each page of the petition signed by active members of SCCR.
15.02 Dates of a Referendum or Plebiscite – will be set by the Board in consultation with the Chief Returning Officer (CRO). This will include campaigning and voting dates.
15.03 Ballot
15.03.01 The text of the referendum or plebiscite will be worded in such a way as to present a clear question which will be answered by either a “yes” or “no”.
​
15.03.02 In the case of a referendum or plebiscite initiated by a motion approved by the Board, the question to be put to the electors will be the question called for in the motion.
15.03.03 Each question being asked will appear on a printed ballot.
15.03.04 There will be printed below the title such instructions to the elector as may be necessary to inform him/her of the manner in which the ballot is to be marked.
15.03.05 If multiple ballots are necessary, all ballots will be as similar in format as possible.
15.03.06 A “spoiled” ballot is any ballot:
i Which does not bear the initials of the CRO / DRO / polling clerk.
ii Upon which the intent of the voter is not clear, at the discretion of the CRO.
​
iii Which has not been deposited in the ballot box by the closing of polling hours.
​
15.03.07 All ballots will be destroyed sixty (60) days after the closing date of the election, referendum, or plebiscite.
​
15.04 Referendum or Plebiscite Ratification – At the first meeting following the approval of a referendum by the student body, the Board must decide upon ratification of the results of the referendum.
15.05 Membership Voting Entitlement – All members of SCCR are entitled to campaign in support of or against any referendum or plebiscite question.
15.06 Call for Representatives – To campaign in support of or against a referendum or plebiscite, a member of SCCR must:
​
i Submit a written request to the CRO including the name of the representative, University of Toronto Scarborough student identification number, and the position being taken on the referendum or plebiscite.
ii Sign the nomination form in front of the CRO or DRO (if applicable). Any such form must be initialed by the CRO or DRO (if applicable).
iii Confirm that he/she will comply with the Elections (pursuant to section 5), Referendum and Plebiscite (pursuant to section 15), and Community Standards (pursuant to section 16) policies of SCCR by signing the nomination form.
iv Attend an orientation session as required by the CRO.
​
15.07 Orientation Session for a Referendum or Plebiscite – Campaign representatives must attend an orientation session planned primarily by the CRO, which must include an overview of the Referendum and Plebiscite policy pursuant to section 15 of these by-laws.
15.07.01 The orientation session must be held no later than five (5) business days prior to the day(s) of voting.
15.07.02 If any representative for a position being taken on the referendum or plebiscite is not able to attend the orientation session, he/she must submit written notification to the CRO at least twenty-four (24) hours before the orientation session.
​
15.08 Campaigning – Any person eligible to vote in a particular referendum and/or plebiscite may campaign in support of or against said referendum and/or plebiscite.
15.08.01 The verbal spread of information pertaining to a referendum or plebiscite is not considered campaigning.
15.08.02 Representatives of designated sides of a referendum and/or plebiscite shall campaign in a reasonable and responsible manner, including:
i Being personally responsible and liable for any damages resulting from the campaign.
ii Being responsible for ensuring that practices that are unfair to other campaigns, as determined by the CRO, are not followed.
iii Being responsible for complying with the provisions of these By-Laws and regulations outlined during the orientation session.
iv Being responsible for the actions of all people involved with the campaign.
15.08.03 Should the CRO make any other rulings about campaigning restrictions, the rulings must be posted within twenty-four (24) hours after the orientation session on either a bulletin board outside the SCCR offices, or be available at the front desk of the SCCR office and posted to its website.
15.08.04 A campaigner may begin campaigning after the CRO has determined that his/her nomination for is valid in all respects, and the campaigning period has begun, as determined by the Board.
15.08.05 There will be no campaigning on the internet, except for the referendum information presented on the SCCR website.
15.08.06 The exception to this will be a special section of the forum on the SCCR website which shall be used as a venue of campaigning for all referendum and/or plebiscite campaigning.
15.08.07 All referendum and/or plebiscite information presented on the SCCR website will be at the discretion of the CRO.
15.08.08 The CRO shall be appointed moderator of the elections / referendum / plebiscite section of the fusionradio.ca forum.
15.08.09 Campaign materials will be limited to posters, ribbons, buttons, and banners. All other campaign materials must be approved by the CRO.
15.08.09.01 No stickers and/or handouts of any kind will be used as campaign material.
15.08.09.02 Every printed advertisement, handbill, or other printed material having reference to a referendum and/or plebiscite will include on its front, in legible form, the name of the representative, and the position on the referendum and/or plebiscite question.
15.08.09.03 The discretion of the content of posters will be left to the CRO and must be approved by the CRO prior to public distribution.
​
15.08.10 All campaigning will cease by 10pm the night prior to the start of the voting period.
​
15.08.10.01 All campaign materials must be removed from public display before the end of the campaigning period.
15.08.10.02 It is the CRO’s responsibility to ensure that all campaign materials are removed.
15.08.10.03 If the CRO should find any campaign materials on campus, the CRO may fine the candidate(s) a maximum of ten dollars ($10.00) per banner or medium-large size poster, a maximum of five dollars ($5.00) per small poster, and for all other campaign materials, a maximum of five dollars ($5.00) per item will be levied.
​
15.09 List of Electors – The CRO, on behalf of SCCR, will obtain a list of all eligible voters prior to the start of voting.
15.09.01 Any person, having paid membership fees in the current fiscal year of SCCR shall be eligible to vote in a referendum and/or plebiscite.
15.09.02 When the CRO is satisfied that the lists meet the specifications of this policy, the CRO will deem it the “Official Voters List”.
15.10 Polling Stations and Voting – Voting for any SCCR referendum and/or plebiscite shall occur at designated polling stations on the campus of the University of Toronto Scarborough.
15.10.01 Any eligible voter will be permitted to vote one (1) time upon producing a University of Toronto student identification card, or government-issues identification with photo.
15.11 Ballot Counting – Before counting begins, the CRO will cast a vote in the referendum and/or plebiscite, and seal the ballot in a separate sealed envelope.
​
15.11.01 In the case of a ties, the CRO will recount the ballots and, should a tie still exist, the CRO will break the tie by revealing their vote.
15.11.02 The vote cast by the CRO will not be revealed if tie does not occur.
15.11.03 The vote cast by the CRO will be destroyed by the CRO themselves sixty (60) days following the official press release of the results of the election, referendum, or plebiscite.
15.11.04 Ballots will be counted by the CRO immediately following the closing of the polling stations on the final day of voting.
​
15.11.05 During the counting of the ballots of an election, only the CRO and scrutineers may be present.
​
15.12 Scrutineers - Each campaign representative will be permitted to appoint one (1) scrutineer to be present during the counting of the ballots.
​
15.12.01 All appointments for scrutineers must be submitted to the CRO seventy-two (72) hours prior to the closing of election day.
​
15.12.02 The role of the scrutineer is to serve as an observer during the process of counting ballots. Scrutineers are not to count the ballots, or in any way touch the ballots, but may assess and confirm the nature of spoiled ballots.
15.12.03 Once counting has commenced, no person will be allowed to leave or enter the room in which counting is taking place without supervision, as approved by the CRO.
​
15.13 Recount of Ballots – Application for an official recount of ballots may be made by candidates in writing, and must be hand-delivered to the CRO within forty-eight (48) hours of the unofficial announcement by the CRO of the results of the election, referendum, or plebiscite.
15.13.01 Each campaign will have the right to request one (1) official recount. This does not include unofficial recounts requested by scrutineers during the ballot counting procedure. Pursuant to section 15.03.07, all ballots will be destroyed sixty (60) days after the date of the election, referendum, or plebiscite.
15.14 Appeals and Complaints Process – Complaints regarding contravention of referendum and/or plebiscite regulations must be submitted to writing to the CRO no later than two (2) weeks following the counting of ballots.
15.14.01 Complaints regarding contravention of regulations may be initiated by the CRO.
15.14.02 The CRO is empowered to resolve questions pertaining to the referendum and plebiscite By-Laws. The interpretation of By-Laws rests with the CRO. In the case of an appeal, the interpretation of the SCCR Constitution is subject to the interpretation of the Board.
15.14.03 In the case of an alleged infraction during the campaigning or voting periods, a written statement must be submitted to the CRO outlining the perceived infractions.
15.14.03.01 The CRO shall render a decision within twenty-four (24) hours of receipt of the complaint.
15.14.04 The penalties for contravening any election, referendum or plebiscite rules and regulations are, at the discretion of the CRO, fines not exceeding twenty dollars ($20.00) and/or annulment of the balloting results for the referendum or plebiscite in question.
​
Article 16: Community Standards
16.01 Community Standards – SCCR is responsible to its the student body and University of Toronto and therefore we strive to maintain a safe and professional environment at all times. Breaches of the community standards may result in reprimands and/or restriction of access to facilities. Complaints pertaining to standards will follow the process pursuant to section 10.
16.01.01 SCCR maintains a Positive Space. This means that we are accepting of everyone and do not discriminate against anyone. This includes, but is not limited to, things like race, gender, sexual orientation, income, and/or disability. Respect and courtesy is paramount if we wish to maintain a positive and welcoming community environment. No harassment of any type will be tolerated.
16.01.02 Smoking is not permitted in certain spaces on campus or school property in Ontario. Therefore, anyone who attends SCCR and commits such an offence either prior to, during, or after is breaching of our community standards. Walk off the university property if you wish to smoke.
​
16.01.03 All garbage and trash must be placed in the bin in the main hallway or in any other available trash cans within the offices. Leaving behind garbage is unacceptable. A diligent effort must be made to ensure that areas are cleaned up after use.
​
16.01.04 Keys are locked in password protected lockboxes. Immediately after opening doors, return them to avoid accidental loss and clear the security code. Additionally, lock and close all doors, as well as turn off any computers/lights when finished and leaving the station.
​
16.01.05 It is important to be aware of noise levels as both office work and music related activities occur in the station. Generally, all room doors should be kept closed if others are present, and those making use of facilities should be mindful of how volume levels can impact others. For example, the speakers in the radio booth can shake the rooms and be heard in the entire station if they are turned up to the highest levels, possibly impacting the staff working in the surrounding offices or a recording occurring in the production studio.
​
16.01.06 Damage due to neglect or inappropriate use of equipment is not tolerated. Any theft or serious damage of SCCR property will result in an investigation. Unauthorized removal of equipment deemed theft will be reported to police.
​
16.01.07 Beverages are not allowed in the radio booth unless they are in a spill proof water bottles, food is never permitted. Do not consume any beverages near, over-top, or beside any electronics or other hardware devices.
​
16.01.08 Illegal activity or anything that is defined as a crime by the Canadian Criminal Code, contrary to provincial or municipal by-law provisions, or contrary to University of Toronto student code of conduct policy is not allowed. Any such behaviour will constitute a breach of community standards.