Constitution

WE THE MEMBERS of the Nigerian Canadian Association in Community
Development:

HAVING firmly and solemnly resolved:

The Nigerian Canadian Association in Community Development is an Association of Nigerians resident in the Greater Toronto Area and its environs; The general Membership subscribes to and will work diligently to support all the legitimate aspirations of Nigerian Canadian Association in Community Development and Nigeria; The Nigerian Canadian Association in Community Development exists primarily to serve the interests of its Members; The Nigerian Canadian Association in Community Development shall operate as a non-profit Association.

DO HEREBY MAKE, ENACT AND GIVE TO OURSELVES the following Constitution:

The Purpose of this Constitution is to create a constitutional framework that binds Members of the Nigerian Canadian Association in Community Development (hereinafter referred to as the “Nigerian Canadian Association” or “NCA”)

2.1. This Constitution is supreme and its provisions shall have binding force on all authorities and persons in the Nigerian Canadian Association.

2.2. The Nigerian Canadian Association shall not be governed, nor shall any
person or group of persons take control of the Corporate Governance of the
Nigerian Canadian Association or its Administration or any of its Committees, except in accordance with the provisions of this Constitution.

2.3. If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail unless the inconsistency can be justified by the laws of Ontario and Canada.

2.4. Unless the authority for any resolution, action, inaction, bylaw, regulation or otherwise can be traced to the provisions of this Constitution, such action shall be null and void unless it can be grounded in the laws of Ontario and Canada.

2.5. In the event of a conflict between the interests of its general Membership and the interest of any individual Member, person, Association or group, the interests of the Nigerian Canadian Association shall prevail.

3.1. This constitution may be cited as “Constitution of the Nigerian Canadian
Association in Community Development”.

This reviewed Constitution shall come into force on the 1st day of January 2016.

Except where otherwise provided in this Constitution:

5.1. “ASSOCIATION” means, except otherwise stated, the Nigerian Canadian
Association.

5.2. “Board” means the Board of Directors of the Nigerian Canadian Association.

5.3. “By-Law” means regulations and policies that are made under this
Constitution. In other words any regulation or policy that is not founded in this constitution is unconstitutional.

For purposes of clarity, committees and sub- Committees that are setup under this Constitution have the power to make by-laws that govern their own activities.

5.4. “Director” means a Member of the Board of Directors.

5.5. “Executive Director” is the Chief Administrative Officer or Employee paid to oversee the day-to-day operations of programs, staff and physical facilities of the Nigerian Canadian Association.

For purposes of clarity the Executive Director is not a Member of the Executive Council of the Nigerian Canadian Association.

5.6. “Executive council” means the Executive of the Nigerian Canadian
Association.

5.7. “Ex—officio Member” means the immediate past President or General
Secretary of the Nigerian Canadian Association.

5.8. “GTA” means Greater Toronto Area and its environs

5.9. “He” or “Himself” or “She” or “Herself” shall denote male or female gender

5.10. “House” or “General House” means the Nigerian Canadian Association

5.11. “Member” means any member of the Nigerian Canadian Association, duly admitted under the terms of Article 9 of this Constitution.

5.12. “Member in Good Standing” means a Member who has paid his/her
dues, fees, or levies for all previous years, if applicable, and the current year
and shall have attended meetings as specified in the Constitution.

5.13. “NCA” or “Nigerian Canadian Association” means the Nigerian Canadian Association in Community Development in the Greater Toronto Area and its environs.

5.14. “Nigerian Canadian” means any person who is a Nigerian citizen and the spouse and children of such a person residing in the GTA and environs.

5.15. “Officer” means a Member of the Executive Council.

5.16. “Pledge” means voluntary commitment (material or financial) to the Nigerian Canadian Association.

5.17. “Satellite Organizations” means a Nigerian ethnic group in the Greater
Toronto Area and its environs.

5.18. “Social Welfare” means the assistance rendered to members.

6.1. Nothing in this Constitution, the by-laws, regulations or the standards or guidelines made under this Constitution diminishes in any way the existing legal obligations of any member, person, Association, Organization or Government with respect to the Nigerian Canadian Association.

6.2. This Constitution does not change or remove the force, authority and
supremacy of the provisions of previous NCA Constitutions as long as those
provisions are not in conflict with the provisions of this Constitution.

6.3. In the event of a conflict between this Constitution and any provision of
previous NCA Constitutions, this Constitution shall override.

7.1. NAME

The Name of the Association shall be the Nigerian Canadian Association in
Community Development (hereinafter referred to as “NCA” or “Nigerian Canadian Association”)

7.2. HEAD OFFICE

The Head Office of the Association shall be located in the Greater Toronto Area, in the Province of Ontario, unless otherwise agreed by the General House.

7.3. SEAL

The corporate seal impressed on the right (or left) margin of the Master copy of this constitution shall be the Corporate Seal of the Nigerian Canadian Association.

The corporate seal shall be in the custody of the President, and in his absence, the General Secretary.

7.4. FISCAL YEAR

The fiscal year of NCA shall be January 1st to December 31st.

8.1. NCA shall serve as a common forum for Nigerians resident in the GTA to foster a sense of oneness, encourage the development of economic bases for its Members, and provide a concerted front for tackling problems affecting Nigerians living in the GTA.

8.2. NCA shall strive to be the representative of Nigerians living in the GTA.

8.3. NCA shall act as liaison between its Members and the Nigerian High
Commission in Ottawa and any representative of the Nigerian Government making an official visit to Canada.

8.4. NCA shall develop and implement family enrichment programs for the
Nigerian community in the GTA, which shall include, but shall not be limited to, settlement and/or resettlement, youth awareness programs and resource
programs.

8.5. NCA shall promote, educate and represent the cultural activities of Nigerians in the GTA and co-operate with all Nigerian ethnic groups in the GTA.

8.6. NCA shall liaise and co-operate with other Associations in Canada in
promoting the interests of all cultural groups within the Canadian multi-cultural mosaic.

8.7. NCA shall promote and engage in enterprises of charitable nature,
provided that an ad-hoc committee is set up by the General House and
required to report back to the General House prior to the participation of the
Association in such enterprises.

8.8. NCA shall organize programs that aim to educate and inform its Members of pertinent issues, current realities as well as development trends in the Canadian and Nigerian Societies

There shall be five categories of membership: Regular, Lifetime,
Affiliate, Associate, Honorary and satellite Associations.

9.1. REGULAR MEMBERSHIP

9.1.1. Regular Membership in NCA shall be open to all persons who meet the
definition of Nigerian Canadian in Article 5.14 of this Constitution and is at least 18 years old.

9.1.2. The requirements for Regular Membership shall be as follows:

9.1.3. Every new Member shall fill an Application form, which shall include,
but shall not be limited to:
(a) Full legal name
(b) Contact address
(c) Telephone number
(d) Name and telephone number of contact person or next of kin

9.1.4. Every new Member shall be required to pay a registration fee of twenty five dollars ($25), which shall be reviewable from time to time by the Membership Committee and subject to ratification by the General House.

9.1.5. Every new Member shall pay annual dues in the month of registration,
pro-rated to cover the remainder of the fiscal year.

9.1.6. A Regular Member shall be required to pay annual dues of $50.00 and any levy that may be imposed by the Association from time to time. No new Member shall be required to pay any levy that was imposed prior to his/her registration. The dues payable by Regular Members shall be reviewed able from time to time by the Membership Committee, which shall make recommendations to the General House for ratification.

9.1.7. A Regular Member may hold any position on the Board of Directors
and the Executive Council provided that the member meets the requirements
of the position.

9.2: AFFILIATE MEMBERSHIP

9.2.1. The requirements for Affiliate Membership shall be as follows:

9.2.2. Affiliate Membership may be extended to any corporation, group or
Association that demonstrates an interest in the affairs and objectives of NCA and whose objectives are not at variance with those of NCA.

9.2.3. An application for Affiliate Membership shall be in writing to the
Membership Committee, which shall forward the application to the Board of
Directors for review and recommendation to the General House, which shall make ratifications thereto. For purposes of clarity the Board of Directors has the discretion to reject an application if it finds that the application lacks merit.

9.2.4. An Affiliate Member, that is an Association, shall pay an annual fee of One Thousand Dollars ($1,000.00) to NCA. This fee is subject to review and
modification by the Membership Committee in conjunction with the Board of Directors from time to time as may be deemed necessary.

9.2.5. An Affiliate Member that is a corporation is expected to sponsor at least one event annually.

9.2.6. An affiliate Member shall have no right to vote or hold office in NCA.

9.2.7. At the discretion of the Board of Directors or the Executive Council, and with the approval of the General House, an Affiliate Membership may be revoked, should the activities and objectives of the Affiliate become at variance with those of NCA.

9.3: HONORARY MEMBERSHIP

9.3.1. The requirements for Honorary Membership shall be as follows:

9.3.2. Honorary Membership shall be conferred to an individual who is neither a Nigerian nor a Nigerian Canadian as defined in article 5.14 of this Constitution and who has demonstrated genuine interest in the affairs and objectives of NCA.

9.3.3. NCA Members may forward Nominations for Honorary Membership to the Membership Committee by May of each year. The Membership Committee, in conjunction with the Board of Directors, shall review the nominations and select suitable candidates for Honorary Membership.

9.3.4. Conferment of Honorary Membership shall take place at the annual Nigerian Independence Day celebration. Such conferment shall include a certificate or a plaque.

9.3.5. Honorary Membership does not confer the right to vote or to hold office in NCA.

9.3.6. At the discretion of the Board of Directors or the Executive Council, and with the approval of the General House, an Honorary Membership may be revoked, should the activities of the Honorary Member become at variance with those of NCA.

9.4: ASSOCIATE MEMBERSHIP:

9.4.1. The requirements for Associate Membership shall be as follows:

9.4.2. Associate membership may be extended to an individual who is not a
Nigerian Canadian as defined in Article 5.14 of this Constitution, and has
demonstrated an interest in the affairs and objectives of NCA, and whose
objectives are not at variance with those of NCA.

9.4.3. An application for Associate Membership shall be in writing to the
Membership Committee.

9.4.4. An Associate Member shall not pay annual dues or levy to NCA.

9.4.5. An Associate Member shall have no right to vote or hold office in NCA.

9.4.6. At the discretion of the Board of Directors or the Executive Council, and with the approval of the General House, an Associate Membership may be revoked, should the activities of the Associate Member become at variance with those of NCA.

9.5: SATELLITE ORGANIZATIONS

9.5.1. The requirements for Satellite Membership shall be as followings:

9.5.2. Every Satellite organization shall be duly registered or incorporated with the Province of Ontario or the Government of Canada

9.5.3. Every Satellite organization shall fill an annual registration form, which shall include, but shall not be limited to:
(a) Full legal name
(b) Physical address
(c) Telephone number, and
(d) Name and telephone number of its leader or designate.

9.5.4. Every Satellite organization shall submit to NCA a duly notarized copy of its certificate of incorporation or registration.

9.5.5. Every Satellite organization shall pay an annual fee of five times the current individual membership fee of NCA. This entitles the Satellite Association to membership privileges for up to five individuals.

9.5.6. NCA shall recognize every registered Satellite organization at the Annual Nigerian Independent Day Celebration and shall also list their names in every program event magazine. NCA shall also publish the names of registered Satellite organization on its website(s) and also post their names in its offices. For purposes clarity the recognition mentioned in this paragraph means reading out the names of the registered Satellite Association and does not include speeches or presentations.

9.5.7 Every Satellite organization in good standing shall receive one free ticket for the Annual Nigerian Independent Day Celebration.

10.1 All dues, fees and levies provided for in this Constitution shall be due and payable not later than the last day of February of each year. A member whose dues, fees and levies are not paid by the last day of February of each year shall forfeit the right to vote and be voted for, as well as the right to move a motion and/or counter-motion.

10.2. All pledges made by Members as provided for in this Constitution are
payable to NCA.

10.3.If dues, fees, levies and/or penalties are unpaid by the last day of
February, the Membership Committee shall give the defaulting member(s)
notice in March of the current year before striking the member’s name off the active list on the last day of June of the same year.

11.1. COMPOSITION AND OBJECTIVES

11.1.1. There shall be a Board of Directors.

11.1.2. The Board of Directors shall consist of Nine (9) members, Five (5) of whom shall be elected by the General House on the basis of their individual merit and One (1) from each of the Four (4) zones.

11.1.3. The Board of Directors shall be led by a Chairperson, Vice
Chairperson, Secretary and Assistant Secretary elected in accordance with
this Constitution.

11.1.4. An objective of the Board of Directors shall be to strengthen and maintain the unity of Nigerian Canadians and the social and economic stability of NCA.

11.1.5. An objective of the Board of Directors shall be to ensure that no Member and/or group place their interests over those of NCA.

11.2: ELIGIBILITY

11.2.1. Election to the Board by the General House shall be based on individual merit.

11.2.2. In order to nominate and/or elect any Member into the Board of Directors, the Members participating in the nomination and/or election shall be Members in good standing.

11.2.3. The nominator shall convince the House of the reasons why the nominee will be an asset to the Board.

11.2.4. In order to be elected to the Board by the General House, a Member must meet the following criteria:

11.2.4.1. The nominee must be a Member in good standing.

11.2.4.2. The nominee must have been a Member of NCA for a period not less than two years, which should be verifiable from the records of NCA.

11.2.4.3. The nominee must be present in the House. A nominee shall not be voted for in absentia.

11.2.4.4. The nominee shall have genuine interest in the affairs of NCA.

11.2.5. Every nominee to the Board shall have a good working knowledge of this Constitution.

11.2.6. Every nominee to the Board shall answer any constitutional questions
posed by the House, bearing in mind that the General House has the right to ask any questions to test the nominee’s knowledge of this Constitution.

11.3: DUTIES OF THE BOARD

11.3.1. The Board of Directors shall be the regulatory, overseeing, and advisory body of NCA

11.3.2. The Board shall elect its own Chair, Vice Chair, Secretary and Assistant Secretary from its members.

11.3.3. The Chair of the Board shall be responsible for deciding when the Board’s meetings are to be held.

11.3.4. The Board of Directors shall meet once every 3 months in addition to
holding emergency meetings when necessary.

11.3.5. The Chairman of the Board shall not exercise his/her voting rights in Board meetings except in a case of a deadlock or tie.

11.3.6. The Secretary of the Board shall notify Members of proposed meetings.

11.3.7. The Secretary of the Board shall keep proper records of all the
proceedings of the Board’s meetings. Quarterly reports shall be made
available to the Executive Council and to the General House.

11.3.8. The Board shall advise the Executive Council of upcoming general election at least three months before the election.

11.3.9. The Board, after advising the Executive of upcoming general election, shall call for general elections in accordance with the provisions of this Constitution.

11.3.10. Every Member of the Board shall attend at least 75% of the Board
meetings. Absence from meetings for more than 25% constitutes a ground for impeachment and/or removal.

11.3.11. Every Member of the Board shall attend all Board meetings not later than one hour thirty minutes (1.5 hours) after the commencement of the meeting. Lateness to two meetings constitutes one absence.

11.3.12. With a 75% majority, the Board can override the Executive Council and call a general meeting of NCA where the Executive Council has failed to perform its constitutional duties except that such a decision shall be subject to approval by the General House.

11.3.13. The Board may generate its own ideas and submit such ideas to the
Executive Council for consideration.

11.3.14. The Board shall approve the budget of the Executive Council.

11.3.15. Every Board Member shall abide by all the provisions of this constitution and uphold its integrity at all times.

11.3.16. The Board shall ensure that the Executive Council and the General Membership complies with the provisions of this Constitution.

11.4: FILLING MID-TERM VACANCIES

11.4.1. Vacancies occurring in the Board of Directors by reason of death,
resignation, removal, among others, of one of the 9 members elected by the
General House shall be filled by appointment of eligible Members by the
Executive Council, subject to the ratification of the General House.

11.5: TERM OF OFFICE

11.5.1 The tenure of office of every Board Member shall expire after three years.

11.5.2 A Board Member who has served two terms or two consecutive terms shall not be eligible to serve again on the Board.

11.5.3. Members of the Board of Directors shall be assessed for good standing yearly in order to remain in office – attendance at meetings of the Board, the General Assembly and the Financial Committee

12.1. COMPOSITION, ALLEGIANCE AND POWERS

12.1.1. There shall be an Executive Council.

12.1.2. The Executive Council shall comprise of the following:
President
Vice President
General Secretary
Financial Secretary,
Treasurer
Social Secretary
Public Relations Officer
Assistant General Secretary
Assistant Social Secretary
Ex-officio Member.

12.1.3. The Executive Council shall have the power to spend an amount not
exceeding $1000.00. All spending decisions must be made by a majority of the Executive Council.

12.1.4. Every Member of the Executive Council shall be bound by an oath of
confidentiality and shall not publish or disseminate any information received in his capacity as a Member of the Executive Council, except with the authorization of the President or the Executive Council.

12.2: PRESIDENT

12.2.1. The President shall be the Chief Executive Officer of NCA and shall
preside over all the meetings of NCA and the Executive Council.

12.2.2. The President shall oversee all the Officers and their activities. For the purposes of clarity, all Officers shall report to the President directly before reporting to the General House.

12.2.3. The President shall not exercise his/her voting rights in the Executive Council and in all NCA Meetings except in a case of a deadlock or tie.

12.2.4. The President shall be a signatory to all NCA accounts and financial
instruments.

12.2.5. The President shall have the power to spend an amount not exceeding three hundred Dollars ($300.00) for any single project in an emergency.

12.2.6 The President, upon receiving final reports and/or recommendations of a committee from the Vice President, shall present those reports and/or recommendations to the General House for ratification.

12.2.7 The President shall supervise the affairs of NCA and shall keep the Board fully informed of the activities of NCA.

12.2.8 The President may consult with the heads or leaders of Satellite
Organizations in a consultative or collaborative forum if the need arises.

12.2.9 The President shall abide by all the provisions of this Constitution and shall uphold its integrity at all times.

12.3: VICE-PRESIDENT

12.3.1. The Vice President shall be an assistant to the President.

12.3.2. The Vice President shall assume the duties of the President in his/her absence.

12.3.3. The Vice President shall assume the position of President if the
President is unwilling and/or unable to complete his/her tenure or is impeached. Such succession shall be automatic.

12.3.4. The Vice President shall abide by all the provisions of this Constitution and shall uphold its integrity at all times.

12.4: GENERAL SECRETARY

12.4.1. The General Secretary shall preside over the secretariat of NCA, and shall ensure that all administrative duties of NCA are properly and timely carried out.

12.4.2. The General Secretary shall record the minutes of all Executive Council meetings and all general meetings of NCA.

12.4.3. The General Secretary shall keep all records of NCA meetings, Executive Council meetings and all other activities of NCA, with the exception of financial records.

12.4.4. The General Secretary shall convene all Executive Council meetings and general meetings of NCA at the direction of the President.

12.4.5. The General Secretary shall notify all Members of the date of upcoming meetings not later than two weeks before the meeting, and may send a reminder at any time prior to the meeting.

12.4.6. The General Secretary shall make records of minutes of the last
meeting available to members in the Members’ Forum of the NCA website not later than one week before the commencement of the next General Meeting. He/She shall also maintain the NCA listserv.

12.4.7. The General Secretary shall be responsible for all correspondence of NCA, including incoming and outgoing correspondences.

12.4.8. The General Secretary shall regularly update the Membership list of NCA, including contact addresses, telephone numbers and email addresses.

12.4.9. The General Secretary, upon completion of his/her tenure of office and/or removal from office and/or inability or unwillingness to discharge the duties of his/her office, shall return all records and/or documents of NCA in his/her possession.

12.4.10. The General Secretary shall abide by all the provisions of this Constitution and shall uphold its integrity at all times.

12.4.11. In the absence of both the President and the Vice President, the General Secretary shall act as the President.

12.5 FINANCIAL SECRETARY

12.5.1. The Financial Secretary shall keep all financial records of NCA.

12.5.2. The Financial Secretary shall be responsible for the collection of all annual dues, fines, levies, donations, pledges, etc., due to NCA, and shall issue receipts for such collections.

12.5.3. The Financial Secretary shall maintain numbered receipt booklets of NCA, which shall be issued in triplicates for all monies collected. For purposes of clarity, the triplicates shall be distributed as follows: first copy shall go to the Member or person making the payment, second copy shall go to the Treasurer, and the last copy shall remain with the Financial Secretary.

12.5.4. The Financial Secretary shall keep records of all monies collected and shall hand over all monies collected to the Treasurer, who shall deposit such monies into NCA account within 48 hours of the, receipt of the money. The Financial Secretary, upon handing over such monies, shall obtain receipt from the Treasurer.

12.5.5. The Financial Secretary shall draft a requisition form in which all
disbursement made on behalf of NCA are recorded and receipts attached thereto. The requisition shall include, among others, the date, name and signature of the person making the claim and that of the Financial Secretary. For purposes of clarity, any requisition that is not properly endorsed and dated is invalid.

12.5.6. The Financial Secretary shall submit all necessary documents for audit to the Finance/Audit Committee if and when requested.

12.5.7. The Financial Secretary shall prepare a comprehensive year round financial statement of NCA accounts at the end of every fiscal year.

12.5.8. The Financial Secretary shall regularly update the list of all financial
Members.

12.5.9. The Financial Secretary shall be responsible for sending notices to
Members who are not in good standing.

12.5.10. The Financial Secretary shall, together with the President and the
Treasurer, be a signatory to all NCA accounts and financial instrument.

12.5.11. The Financial Secretary shall update the Finance/Audit Committee of NCA’s financial situation every three months.

12.5.12. The Financial Secretary, upon completion of his/her tenure of office and/or removal from office and/or inability or unwillingness to discharge the duties of his/her office, shall return all records and/or documents of NCA in his/her possession

12.5.13. The Financial Secretary shall practice generally accepted accounting principles and shall prepare and render a comprehensive income/expenditure statement to the General House semi-annually and to the Executive Council when required.

12.5.14. The Financial Secretary shall prepare and render a comprehensive
income/expenditure statement to the General House at the end of his/her term of office.

12.5.15. The Financial Secretary shall present to the General House a detailed
financial report at the end of each fiscal year in accordance with the budgetary proposal presented at the beginning of the Executive council’s term of office. Such financial report shall be presented at a general meeting marking the end of each fiscal year.

12.5.16. The Financial Secretary shall abide by all the provisions of this
Constitution and shall uphold its integrity at all times.

12.6. TREASURER

12.6.1. The Treasurer shall be responsible for all NCA accounts, financial
instruments and the overall funds of NCA.

12.6.2. The Treasurer shall be the only custodian of NCA cheque books.

12.6.3. The Treasurer, together with the President and the Financial Secretary, shall be a signatory to all NCA accounts.

12.6.4. The Treasurer shall keep complete and accurate account of all incomes and expenditures of NCA.

12.6.5. The Treasurer shall take charge of all monies collected by the Financial Secretary within 48 hours of such collection, and shall issue a receipt to the Financial Secretary acknowledging receipt of payment.

12.6.6. The Treasurer shall be responsible for depositing all monies, and other financial instruments of NCA in the name of NCA and in a financial institution approved by the General House. Such monies and financial instruments shall be deposited not later than 48 hours after they are collected.

12.6.7. The Treasurer shall keep a copy of all NCA bank statements.

12.6.8. The Treasurer shall abide by all the provisions of this Constitution and shall uphold its integrity at all times.

12.7: SOCIAL SECRETARY

12.7.1. The Social Secretary shall be responsible for organizing all social and
cultural activities of NCA, including arrangement for venues and entertainments.

12.7.2. The Social Secretary shall be responsible for all social functions of NCA.

12.7.3. The Social Secretary shall prepare a summary report of each social event at the end of the event. The Social Secretary shall present the summary report to the General House and shall submit the report to the General Secretary at the end of the meeting for record keeping.

12.7.4. The Social Secretary shall be responsible for overseeing the social welfare of Members. In such situations, the Social Secretary shall initiate an appropriate action including, but not limited to, visitation, presentation of condolence cards and/or flowers and/or gifts. For purposes of clarity, “social welfare” is as defined in the “Definition” section of this Constitution.

12.7.5. The Social Secretary shall be responsible for NCA’s advertisements, fund raising, sponsorship networking and any other legal avenue through which NCA can generate funds.

12.7.6. The Social Secretary shall abide by all the provisions of this Constitution and uphold its integrity at all times.

12.8: PUBLIC RELATIONS OFFICER

12.8.1. The Public Relations Officer, in consultation with the Executive Council, shall be responsible for promoting the interests of NCA through the media, provided that the President is aware of the content of all press releases and information that are disseminated to the public.

12.8.2. The Public Relations Officer, in consultation with the President, shall establish liaisons between NCA and other cultural and social Associations for the purpose of promoting social and cultural exchanges.

12.8.3. The Public Relations Officer shall document and report to the General House at the next general meeting such liaisons as mentioned in subsection 12.8.2 above.

12.8.4. The Public Relations Officer shall prepare a summary report of each liaison at the end of the event. The Public Relations Officer shall present the summary report to the General House and shall submit the report to the General Secretary at the end of the meeting for record keeping.

12.8.5. The Public Relations Officer shall inform himself/herself of the relevant laws and policies respecting privacy, electronic communications, discrimination,
harassment and cyber bullying.

12.8.6. The Public Relations Officer shall be responsible for generating a user
agreement and privacy policy for subscribers on NCA Listserv, which shall uphold the privacy of users, identify users, prohibit discrimination, harassment and cyber bullying and promote communications, among others, that are of general interest to Nigerian Canadians.

12.8.7. The Public Relations Officer shall abide by all the provisions of this
Constitution and shall uphold its integrity at all times.

12.9: ASSISTANT GENERAL SECRETARY

12.9.1. The Assistant General Secretary shall assist the General Secretary in the discharge of all his/her official duties.

12.9.2. The Assistant General Secretary shall cooperate with the General Secretary in the discharge of the secretarial and administrative duties

12.9.3. The Assistant General Secretary shall assume the position of General
Secretary if the General Secretary is unwilling and/or unable to complete his/her tenure or is removed from office. Such succession shall be automatic.

12.9.4. The Assistant General Secretary shall act for the General Secretary in his/her absence.

12.9.5. The Assistant General Secretary shall abide by all the provisions of this Constitution and shall uphold its integrity at all times.

12.10 ASSISTANT SOCIAL SECRETARY

12.10.1. The Assistant Social Secretary shall assist the Social Secretary in the
discharge of all his/her official duties.

12.10.2. The Assistant Social Secretary shall cooperate with the Social Secretary in the discharge of all his/her official duties.

12.10.3. The Assistant Social Secretary shall succeed the Social Secretary if the Social Secretary is unwilling and/or unable to complete his term of office and/or removed from office. Such succession shall be automatic.

12.10.4. The Assistant Social Secretary shall be in charge of the youth forum and shall act as liaison between NCA and the Nigerian Canadian youth.

12.10.5. The Assistant Social Secretary shall create and implement programs that address the needs of the Nigerian Canadian youth.

12.10.6. The Assistant Social Secretary shall abide by all the provisions of this
Constitution and shall uphold its integrity at all times.

12.11 EX-OFFICIO MEMBER

12.11.1. The Ex-Officio member shall serve a term with the Executive Council for the purpose of smooth transition, continuity of flow of information and ease of administration of NCA.

12.11.2. The immediate past President of NCA shall automatically become an
Ex-Officio, non-voting Member of the Executive Council.

12.11.3. For purposes of clarity, if the immediate past President or General
Secretary is elected for another term, there will be no need for the office of an Ex- Officio in the Executive Council.

12.12 TERM OF OFFICE

12.12.1. The tenure of office of the Executive Council shall expire after two years.

12.12.2. A Member who has served two consecutive terms in a particular position shall not be eligible to serve again in that same position.

12.12.3. Members of the Executive Council shall be assessed for good standing yearly to remain in office.

13.1. Members of the Board.

13.1.1. Any Member of the Board shall be removed for any of the following
reasons:
a) Failure to perform any of the duties of his office as provided in this
Constitution.
b) Failure to adhere to the provisions of this Constitution or any of the by-laws or regulations made pursuant to it.
c) Absences of 25% or more from Board meetings.
d) Lateness to meetings of the Board for more than one hour thirty minutes (1.5 hours) after the commencement of the meeting. For the purpose of this subsection only, two late attendances will amount to one absence.
e) Conduct deemed to be unbecoming to the aims and objectives of NCA. For
purposes of clarity, unbecoming conduct means acts or omissions which are
inimical, injurious, shameful and detrimental to NCA.
f) Projecting his/her personal interests and/or group or ethnic interests ahead of the interests of NCA.
g) Failure to disclose and acting in a conflict of interest situation which he/she knew or ought to have known at the time he/she so acted.
h) Misappropriation of NCA funds.
i) A motion for his/her removal is approved by two-thirds (2/3) majority of
Members in good standing present and voting at a duly constituted meeting of NCA.

13.1.2. For the purposes of this article, a Board Member shall be removed or
impeached on grounds of lateness or absence and/or a combination of both as provided in this Article.

13.1.3. A Member removed from office may be notified by registered mail or
courier.

13.2 MEMBERS OF THE EXECUTIVE COUNCIL

13.2.1. Any member of the Executive Council shall be removed for any of the
following reasons:
a) Failure to perform any of the duties of his office as provided in this
constitution.
b) Failure to adhere to the provisions of this Constitution or any of the by-laws or regulations made pursuant to it.
c) Absences of 25% or more from Executive Council meetings.
d) Absences of 25% or more from general meetings of the House.
e) Lateness to meetings of the Executive Council and/or the General House for more than one hour thirty minutes (1.5 hours) after the commencement of the meeting. For the purpose of this subsection, two latenesses without a valid reason  will be equivalent to one absence.
f) Conduct deemed to be unbecoming to the aims and objectives of NCA. For
purposes of clarity, unbecoming conduct means acts or omissions which are
inimical, injurious, shameful and detrimental to NCA.
g) Insubordination to a superior Officer. For purposes of clarity, the President is the most superior Officer in the Executive Council, followed by the Vice President; the General Secretary is superior to the Assistant General Secretary; the Social Secretary is superior to the Assistant Social Secretary. Except otherwise stated all other officers are equal.
h) Misappropriation of NCA funds
i) A motion for his removal is approved by two-thirds (2/3) majority of Members in good standing present and voting at a duly constituted meeting of NCA.

13.2.2. For the purpose subsection 13.2.1(i), all allegations or complaints of
insubordination shall be directed to the President, who shall investigate and
channel such complaints or allegations to the Board, where necessary.

13.2.3. For the purposes of this Article, an Executive Member shall be removed or impeached on grounds of lateness or absence and/or a combination of both as provided in this Article.

13.2.4. A member removed from office may be notified by registered mail or
courier.

13.3. FILLING MID-TERM VACANCIES FOR MEMBERS OF THE BOARD
OF DIRECTORS AND THE EXECUTIVE COUNCIL

13.3. Vacancies occurring in the Executive Council or the Board of Directors by reason of death, resignation, or removal, among others, shall be filled in the following manner:

13.3.1. The President of NCA shall inform the Board of the vacancy on the
Executive Council

13.3.2. The Chair of the Board shall notify the President of NCA within Two
(2) weeks of a vacancy on the Board of Directors. The President shall in turn
notify the General House of such vacancy at the next General Meeting of the
House.

13.3.3. The electoral committee, once constituted, shall require the
General Secretary to send out a notice to the House declaring nominations open. Such notice must contain the names and contact information of the electoral committee members to whom the nominations shall be forwarded, the deadline for such nominations, and the confirmed date and venue for the election, among others.

13.3.4. The electoral committee, in consultation with Financial Secretary, shall screen the nominees for good standing.

13.3.5. The electoral committee shall present the qualified candidates to the House at least one month before the election date.

13.3.6. The House shall then fill the vacancy by election, using a secret ballot
system.

14.1.1. There shall be four Standing Committees:

• Finance and Audit Committee
• Membership Committee
• Youth Committee
• Independence Day Anniversary Committee

14.1.2. There shall be ad-hoc committees which shall be constituted from time to time based on necessity.

14.1.3. A Committee’s primary priority is to carry out the duties and
responsibilities outlined in its terms of reference. For purposes of clarity, a
committee may go outside its terms of reference only where it is absolutely
necessary for it to achieve its objectives as outlined in its terms of reference,
provided that such additional activities are approved by the Executive Council.

14.2. Finance and Audit Committee

14.2.1. There shall be a Finance/Audit Committee. The Finance and Audit
Committee shall be chaired by a Member who is not in the Executive Council or the Board of Directors.

14.2.2. The Finance and Audit Committee shall be responsible for the following:

14.2.3. Ensuring that NCA has systems in place to provide the appropriate
information needed by the Board of Directors, Executive council and Members to make sound financial decisions and to comply with the requirements of Canada Revenue Agency.

14.2.4. Carefully scrutinizing and overseeing the financial systems of NCA in
order to ensure that the Financial Secretary and/or the Treasurer are adhering to proper financial procedures.

14.2.5. Reviewing revenue forecasts and expenditure plans presented by the
Executive Council.

14.2.6. Monitoring actual revenue and expenditures against the budget forecast and recommending to the House any adjustment that it deems necessary.

14.2.7. Reviewing annual financial statements and/or annual audited financial statements with the auditor.

14.3. MEMBERSHIP COMMITTEE

14.3.1. There shall be a Membership Committee.

14.3.2. The Membership Committee shall oversee the general Membership of NCA.

14.3.3. The Membership Committee, in conjunction with the Executive Council and the Board of Directors, shall review from time to time the dues payable by Regular Members.

14.3.4. The Membership Committee shall be responsible for receiving and
reviewing applications for Membership.

14.3.5. The Membership Committee shall be responsible for receiving applications for Affiliate Membership, and shall forward the application to the Board of Directors for review and recommendation to the general house for ratification.

14.3.6. The Membership Committee, in conjunction with the Board of Directors, shall review from time to time the fees payable by Affiliate Members.

14.3.7. The Membership Committee shall be responsible for receiving nominations for Honorary Membership, and in conjunction with the Board of Directors, shall review the nominations and select the candidates for the Honorary Membership.

14.3.8. The Membership Committee shall be responsible for issuing application form to new Members, and shall screen such applications and/or verify the authenticity of information provided by new Members in their application forms.

14.3.9. The Membership Committee shall be responsible for introducing new Members to the House at the Monthly General Meetings.

14.3.10. The Membership Committee may issue a welcome bulletin to new Members, which should contain, inter alia, a brief history of NCA, contact information, days and venue of NCA meetings.

14.3.11. The Membership Committee, through its Chairperson or his/her designate, shall formally welcome all new Members who joined NCA from October of the preceding year to September of the fiscal year at the Annual Independence Day Celebration.

14.3.12. The Membership Committee shall be responsible for all ancillary duties relating to any of the above listed functions.

14.4. YOUTH COMMITTEE

14.4.1. There shall be a Youth Committee.

14.4.2. The Youth Committee shall oversee the general activities of the Nigerian Canadian youth.

14.4.4. The Youth Committee shall be headed by the Assistant Social Secretary.

14.4.5. The Youth Committee shall be responsible for creating and implementing programs that address the needs of the Nigerian Canadian youth and all ancillary duties related thereto.

14.5. INDEPENDENCE DAY ANNIVERSARY COMMITTEE

14.5.1. There shall be a 5 member Independence Day Anniversary Committee  of which at least one member shall be a member of the Executive Council.

14.5.2. The Independence Day Anniversary Committee shall oversee the
planning and execution of the Nigerian Independence Day celebration.

14.5.3. Members of this Committee shall be elected by the General House.
Members so elected shall elect their Chairperson and Secretary. Membership
of this Committee shall be subject to review yearly.

15.1. Any Member who violates the provisions of this Constitution or by laws or regulations made pursuant to it shall be guilty of an offence against NCA.

15.2. Any Member who exhibits disruptive behavior in any meeting of NCA, the Executive Council or the Board and/or harasses any other Member during such meeting shall be guilty of an offence against NCA.

15.3. Any Member who publishes or disseminates disapproved information either verbally, in writing or otherwise against one or all Members of NCA shall be guilty of an offence against NCA.

15.4. Any Member who seeks through fraudulent means to secure in official
capacity the directorship or leadership of NCA outside the Constitutional
provisions shall be guilty of an offence against NCA.

15.5. Any Member who fraudulently receives accepts or causes to receive and/or accept or misappropriates any property of NCA shall be guilty of an offence against NCA.

15.6. Any Member who uses the name of NCA or the list of its Members for
personal benefits shall be guilty of an offence against NCA. For purposes of
clarity, the Executive Council and Board of Directors are not exempt from the provision of this subsection.

15.7. Any Member who, without authorization, uses the name of NCA to solicit for funds, grants or donations from any person, group, agency, government, among others, shall be guilty of an offence against NCA.

15.8. Any Member who interferes or colludes with an Officer or Member to
deprive NCA from receiving funds, grants (property or otherwise) and donations, among others shall be guilty of an offence against NCA.

15.9. Any Member who misrepresents himself as an Officer or Board Member or impersonates an Officer or Board Member in order to gain monetary or non monetary benefits directly or indirectly shall be guilty of an offence against NCA.

16.1. Election of Board of Directors:

16.1.1. There shall be elections into the Board every three years.

16.1.2. Elections shall be held at the Annual General Meeting, which shall be
on the last Sunday of November in the year following elections into the
Executive Council.

16.1.3. The Executive Council, after advising the Board of upcoming
Board election, shall call for Board elections in accordance with the provisions of this Constitution in August of the said year.

16.1.4. Nominations and campaigns shall be done in accordance with the
provisions of this Constitution.

16.1.5. A Member shall not be eligible to run for election into the Board unless such a member has been a member of NCA for at least two years and has been in good standing for the said period. This section applies to the zones as well.

16.1.6. A Member shall not be eligible to run for election into the Board if
such a Member has been convicted of fraud for which a pardon has not been
granted.

16.1.7. Voting at any election shall be by secret ballot irrespective of the location of the election and the number of voters.

16.1.8. The Executive Council shall nominate three (3) members to constitute the Electoral Committee for the election into the Board of Directors.

16.1.9. Nomination of Candidates shall cease one month prior to the elections.

16.1.10. Nominations can be done by Members and/or a Member interested in the Board may nominate himself. For the purpose of this subsection, any member nominated must confirm acceptance before his name shall be entered into the list of candidates.

16.1.11. Each candidate so nominated shall present his manifesto to the House at the Annual General Meeting. Each candidate shall be allowed Five (5)
minutes to address the House and Five (5) minutes to respond to questions.

16.1.12. It is mandatory that candidates running for the Board are
present on the day of the election.

16.1.13. There shall be no voting by proxy or absentee balloting.

16.1.14. Counting of votes shall commence immediately after the election, and shall continue until all the votes are counted.

16.1.15. In the event of a tie, there shall be a runoff election for those concerned.

16.1.16. The announcement of the result of the elections shall be done immediately after the counting of the votes.

16.1.17. Every candidate may appoint a representative as an observer during the election and the counting of votes. Such a representative shall only observe the process and the counting of the votes and not participate in it. For purposes of clarity, this subsection does not preclude such a representative from voting.

16.2. Election of Executive Council

16.2.1. There shall be elections into the Executive Council every two years.

16.2.2. There shall be no party-like or block campaigning for purposes of seeking election into the Executive Council. For purposes of clarity, every candidate for the Executive Council shall contest on his own individual merit.

16.2.3. Elections shall be held on the last Sunday of November of the year of
Election.

16.2.4. The Board, after advising the Executive Council of upcoming general
election, shall call for general elections in accordance with the provisions of this Constitution.

16.2.5. Nominations and campaigns shall be done in accordance with the
provisions of this Constitution.

16.2.6. An incumbent Member of the Executive Council who qualifies and wishes to run for the same or another position during the elections shall resign his/her position not later than two (2) weeks before the election.

16.2.7. A member shall not be eligible to run for election into the
Executive council, with the exception of the office of the President, unless such a Member has been a Member of NCA for at least one year and has been in good standing during this period.

16.2.8. A member shall not be eligible to run for election into the office of the
President unless such a member has been a member of NCA for at least two years and has been in good standing during this period.

16.2.9. A new Member shall not be eligible to vote in an election unless such a new Member has been duly registered and has paid all required fees and
attended at least two (2) meetings prior to the election.

16.2.10. A Member shall not be eligible to run for election if such a Member has been convicted of fraud for which a pardon has not been granted.

16.2.11. Voting at any election shall be by way of secret ballot irrespective of the location of the election and the number of voters.

16.2.12. Elections shall be conducted by a five-person electoral committee duly appointed by the Board and ratified by the General House. For the purpose of this subsection, the Board shall appoint eight Members and present them to the General House from which the House will select five suitable Members for the Electoral Committee.

16.2.13. Nomination of Candidates shall cease one month prior to the elections.

16.2.14. Nominations can be done by members and/or a Member interested invying for a particular position may nominate himself. For the purpose of this
subsection, any Member nominated must confirm acceptance before his name shall entered into the list of candidates.

16.2.15. Each candidate so nominated shall present his manifesto to the House at a general meeting. Each candidate, with the exception of the Presidential candidates, shall be allowed Five (5) minutes to address the House and five minutes to respond to questions. The Presidential candidates shall be allowed Ten (10) minutes to address the House and Ten (10) minutes to respond to questions.

16.2.16. Candidates so nominated may start campaigning after the electoral
committee has officially announced their candidacy.

16.2.17. It is not mandatory that a candidate running for a position has to be
present on the day of the election.

16.2.18. There shall be no voting by proxy or absentee balloting.

16.2.19. Counting of votes shall commence immediately after the election, and shall continue until all the votes are counted.

16.2.20. In the event of a tie, there shall be a runoff election.

16.2.21. The announcement of the result of the elections shall be done immediately after the counting of the votes.

16.2.22. The Electoral Committee shall be required to release its official statement respecting the electoral process and conditions at least one month prior to the election, provided that such electoral process and conditions are not contrary to the provisions of this Constitution.

16.2.23. Every candidate may appoint a representative as an observer during the election and the counting of votes. Such a representative shall only observe the process and the counting of the votes and not participate in it. For purposes of clarity, this subsection does not preclude such a representative from voting.

16.2.24. If only one candidate is nominated for an office, the candidate must
secure the votes of a minimum of 50% plus one of the numbers of voters
present and voting at an election in order to be elected. Where the candidate
does not receive the required number of votes he/she would be declared
unelected and the position remains vacant for a by-election.

16.3. ELECTION APPEALS

16.3.1. Any candidate disputing the results of an election must submit a Notice of Intent to Dispute Election Results to the Chairman of the Elections Committee not later than three (3) days after the results of the elections are announced.

16.3.2. A completed Notice of Appeal shall be submitted to the Chairman of the Board not later than two (2) weeks after the results are announced. The completed Notice of Appeal must contain, among other things, the name of the candidate, the election being challenged, the facts supporting the allegations, aspects of this Constitution that have been violated and any other facts, documents or evidence that will assist the Appeal committee in reaching a just and speedy resolution of the matter.

16.3.3. The Board shall notify the House of such election dispute at the next
general meeting, at which time the General House shall constitute an ad-hoc
committee of three Members to consider any appeals arising from the elections.

16.3.4. The Elections Appeal Committee shall discharge their duties without fear or favor and with the combined goal of upholding the provisions of this
Constitution and doing justice to all.

16.3.5. The Elections Appeal Committee shall set a date for the hearing of appeals not later than two weeks after receiving the completed Notice of Appeal.

16.3.6. The Elections Appeal Committee shall determine who to call at its hearing, the manner of the hearing and the order of taking of evidence.

16.3.7. The decision of the Elections Appeal Committee shall be final and binding on all parties.

16.3.8. All appeals resulting from an election must be disposed of before the
elected officials are sworn into office.

16.3.9. All candidates must avail themselves of and exhaust this internal appeal process as a condition precedent before seeking any other external remedy. Any candidate who fails to comply with this provision shall be deemed to have resigned his NCA Membership.

17.1. Immediately after a general election, the Board shall arrange for a smooth handover of power, physical property, information, and records of NCA to the new Executive Council.

17.2. Such handover shall be concluded within days but not later than January 15 of the next fiscal year.

17.3. The Board shall receive and verify the list of documents handed over to the incoming Executive Council.

17.4. The newly elected Executive Council shall be inaugurated.

17.5. The inauguration shall be organized by the Board in conjunction with the outgoing Executive Council.

17.6. There shall be a swearing-in ceremony as part of the inauguration.

17.7. There shall be an internal audit of all the books and records of the Executive Council prior to handing over to the new Executive.

18.1. There shall be a monthly General Meeting of NCA on the last Sunday of
every other month.

18.2. There shall be an Annual General Meeting (AGM), which shall be held on the last Sunday of November of every year.

18.3. At each Annual General Meeting, eligible voters shall be Members who are in good standing.

18.4. The Executive Council shall meet as a group on its own once prior to each general meeting, provided that an emergency Executive Council meeting may be called by the President at any time, if the need arises.

18.5.1. The Board shall be required to meet once every 3 months, provided that an emergency Board meeting can be called by the Chair at any time, if the need arises.

18.5.2. Attendance and minutes of the meetings of the Board of Directors shall be forwarded to the NCA General Secretary within one (1) week of the
meeting.

18.6. The Executive Council and the Board shall meet once every six months. The Chair of the Board is required to convene such a meeting.

18.7. Decisions at all meetings of NCA shall be by simple majority vote of those present and voting, except in case of constitutional amendment.

18.8. Emergency Meetings shall be called in the following manner:

a) Emergency or special meetings shall be called by the President on his initiative, or as required by the majority of Members present at any duly constituted meeting of the Executive Council or the General House.

b) When required by the majority of the Members of the Executive Council or the General House, the President shall convene an emergency meeting within Fourteen

(14) days of being notified.

c) The usual quorums and notice of meetings as provided in this Constitution shall be observed in all emergency meetings.

18.9. Notice of Executive Council meetings shall be given at least Seven (7) days in advance, provided that the time of the meeting is approved by a majority of the Executive Council.

18.10. Notice of general meeting shall be given not later than fourteen (14) days prior to the meeting.

18.11. For motions, only Members in good standing are eligible to move for
motions. Such motions shall be supported by a member who is also in good
standing before it can be approved for discussion

19.1 The quorum for meetings of NCA shall be as follows:

a) For bi-Monthly General Meetings, 10 Members in good standing;
b) For Annual General Meetings, 25% of Members in good standing;
c) For Board meetings, 50% of Members.
d) For the Executive Council, 5 members.

20.1. NCA shall raise funds from all legal avenues it deems necessary, including but not limited to, membership dues, donations, proceeds from cultural and social activities, and grants from institutions, agencies or governments, among others.

20.2. Every new Member shall pay a one-time registration fee of Twenty Five Dollars ($25.00).

20.3. Every Member shall be required to pay annual dues of Fifty Dollars ($50), which may be reviewed from time to time as provided in this Constitution

20.4. Every Satellite Association shall an annual fee of five times the current
individual Membership fee of NCA.

20.5. NCA shall not acquire and shall not use any instant banking cards for the purpose of automatic withdrawals.

21.1. There shall be a Seniors’ Council comprising of all Members who are 65
years and older.

21.2. Members of this council shall be required to meet all NCA membership
requirements.

21.3. S21.2 notwithstanding, members of this council shall be exempted from  NCA annual membership dues but can make free will donations to the NCA.

21.4. Members of this council shall be entitled to all the rights and privileges of members of the NCA.

21.4.5. The Seniors’ Council shall brief the NCA General Meeting periodically on membership and activities.

22.1. This Constitution and by-laws made pursuant to it may be amended only at a duly constituted General Meeting by two-third (2/3) majority of Members present who are in good standing, provided that at least two months prior notice of proposed amendment(s) had been given to all Members.

22.2. Notice of such proposed amendment shall be in writing, signed by a
designated Officer.

22.3. The General Secretary shall notify Members of such proposed amendment at least two months prior the general meeting where the amendment shall be made.