BYLAWS OF THE FIRE INVESTIGATION ASSOCIATION OF ALBERTA

  1. PREAMBLE

1.1The name of this Association shall be the Fire Investigation Association of Alberta, herein referred to as the FIAA.

1.2The FIAA is a society incorporated in the Province of Alberta in accordance with the Societies Act and shall comply with all provisions of the Societies Act, Revised Statutes of Alberta 2000 Chapter S-14, or any statute enacted to supersede it.

1.3These Bylaws shall govern the transaction of all business and affairs of the FIAA.

1.4The FIAA is chartered as Chapter 38 of the International Association of Arson Investigators, herein referred to as the IAAI.

  1. DEFINITIONS

2.1Act meansThe Societies Act, Revised Statutes of Alberta 2000 Chapter S-14, or any statute enacted to supersede it.

2.2AGM means the Annual General Meeting of the members and Directors of the FIAA as required by the Act to be held each year in Alberta.

2.3Anniversary Datemeans the date of July 23, 1990, on which the Certificate of Incorporation of the FIAA was issued by the Registrar of Corporations in accordance with the Act

2.4Anniversary Month means the month in each year that is the same as the month in which the Certificate of Incorporation of the FIAA was issued.

2.5Board of Directorsmeans the Officers and Directors of the FIAA who administer the business affairs of the FIAA.

2.6Code of Ethics means the IAAI statement of personal and professional conduct expected of its members and its Chapter members.

2.7Directormeans a member duly elected by the membership of the FIAA to the Board of Directors or appointed by the Board of Directors to fill a shortage or vacancy.

2.8Ex Officio meansa courtesy position afforded the current President to sit on any or all committees, who shall have the same rights and privileges as do other committee members, including the right to vote.

2.9IAAImeans International Association of Arson Investigators.

2.10Majority Votemeans a decision reached by more than half of the votes cast by Voting Members in attendance, excluding abstentions. If a decision requires a majority vote, it fails when a tie vote occurs.

2.11Membermeans a person who makes application for membership to FIAA has been approved by a majority vote and whose annual membership fee is current

2.12Officer meansa Director of the FIAA, duly elected by the membership to the position of Second Vice President. Secretary and Treasurer shall be appointed by the President.

2.13Proxy means a written and signed authorization for a Voting Member to vote on behalf of another Voting Member who is absent.

2.14Quorum meansthe number of members who must be present in an assembly in

order that a business can be validity transacted.

2.15Register of Members means the membership register maintained by the Secretary in accordance with the Act.

2.16Regulations means the Regulations under the Act as amended and every regulation that may be substituted therefore and in case of such substitution, any reference in the Bylaws to provisions of the Regulations shall be read as references to the provisions substituted therefore in the amended Regulations.

2.17Seal means the official seal of the Association.

2.18Special Resolutionmeans a resolution passed (1) at a General Meeting of which no less that twenty-one (21) days notice specifying the intention to propose the resolution has been duly given and (2) by the vote of not less than two-thirds (2/3) of those Members who, if entitled to do so, vote in person.

  1. MEMBERSHIP

3.1Voting Membership

3.1.1.Voting Membership in the FIAA is open to any individual who, at the time of application:

3.1.1.1Has attained the age of 18 years.

3.1.1.2Is actively engaged in the suppression or prevention of fire, fire investigation, insurance adjusting, the administration of justice or whose occupation is related to these fields.

3..1.1.3Is of good moral character involved or engaged in some phase of fire arson investigation.

3.1.1.4Has been vetted/approved by the Board.

3.1.2Voting members shall

3.1.2.1Receive notice of all FIAA Special and Annual General Meetings.

3.1.2.2Receive notice of all FIAA seminars.

3.1.2.3Receive notice of the FIAA membership renewal amount and due date.

3.1.2.4Have access to the “Members Only” section of the FIAA website.

3.1.2.5Receive all FIAA newsletters, if they so choose.

3.1.2.6Receive all electronic communications sent out by the FIAA, if they so choose.

3.1.3Voting Members may:

3.1.3.1Attend each AGM and Special Meeting of the FIAA, and participate in discussions at such meetings.

3.1.3.2Vote on any business requiring membership consideration at any AGM or Special Meeting of the FIAA.

3.1.3.3Participate in all activities of the FIAA.

3.1.3.4Be a member of any committee of the FIAA, subject to approval by the Board of Directors, and vote on all matters coming before said committee.

3.1.3.5Stand for election to the Board of Directors.

3.1.3.6Be appointed to the Board of Directors, subject to meeting the qualifications, should there be a shortage in the number of elected Directors or should a vacancy occur on the Board of Directors.

3.1.3.7Inspect and/or obtain a copy of the Register of Members, the annual list of members, or an excerpt from either or both of them only if the information in the Register, list or excerpt is to be used by the member for matters relating to the business and affairs of the FIAA.

3.1.3.8Inspect the financial records, books, and other records of the FIAA at any AGM, or at any other time after having submitted a written request to the President who shall arrange with the officer or officers having charge of said records and books a time and place satisfactory to all parties.

3.2Associate Membership

3.2.1Associate Membership in the FIAA is open to any individual who, at the time of application:

3.2.1.1Has attained the age of 18 years.

3.2.1.2Is not eligible for Voting Membership.

3.2.2Associate Members shall:

3.2.2.1Receive notice of all FIAA Special and Annual General Meetings.

3.2.2.2Receive notice of all FIAA seminars.

3.2.2.3Receive notice of the FIAA membership renewal amount and due date.

3.2.2.4Shall have access to the “Members Only” section of the FIAA website.

3.2.2.5Receive all FIAA newsletters, if they so choose.

3.2.2.6Receive all electronic communications sent out by the FIAA, if they so choose.

3.2.3 Associate Members may:

3.2.3.1Attend each AGM and Special Meeting of the FIAA, and participate in discussions at such meetings.

3.2.3.2Participate in all activities of the FIAA.

3.2.3.3be a member of any committee of the FIAA, subject to the approval of the Board of Directors, and vote on all matters coming before said committee.

3.2.3.4Inspect and/or obtain a copy of the Register of Members, the annual list of members, or an excerpt from either or both of them only if the information contained in the Register, list or excerpt is to be used by the member for matters relating to the business and affairs of the FIAA. However, any personal information about another member of the FIAA used for any matter not heretofore referred to may not be used unless that other member consents to that use.

3.2.3.5Inspect the financial records, books, and other records of the FIAA at any AGM , or at any other time after having submitted a written request to the President who shall arrange with the officer or officers having charge of said records and books a time and place satisfactory to all parties.

3.2.4Associate Members may not:

3.2.4.1Vote on any business at any AGM or Special Meeting of the FIAA..

3.2.4.2Stand for election or be appointed to the Board of Director.

3.2.4.3Chair any committee of the FIAA.

3.3Life Membership

3.3.1Life Membership for Distinguished Service may be bestowed upon any Voting Member who:

3.3.1.1Is now and has been a Voting Member of the FIAA for a minimum of ten (10) years, continuously.

3.3.1.2Has rendered extraordinary service to the FIAA through active participation on committees, the Board of Directors and other activities of the FIAA for a minimum of five (5) years.

3.3.1.3Has been nominated by a Voting Member in writing to the Nomination Committee Chair. The Nomination Committee shall review the nominations for Life Membership and make its recommendations to the Board of Directions.

3.3.2No more than two (2) Life Memberships for Distinguished Service shall be granted by the Board of Directors in any one fiscal year.

3.3.3Life Members shall have all rights and privileges of Voting Members without payment of membership dues.

3.4Membership Application

3.4.1An individual may apply for membership in FIAA by submitting a completed Application for Membership form to the Membership Committee Chair.

3.4.2A former member, or a member whose membership has lapsed, wishing to reapply for membership in the FIAA, shall submit a completed Application for Membership form to the Membership Committee Chair.

3.4.3By submitting a completed Application for Membership form, applicants affirm that the information provided thereon is correct to the best of their knowledge.

3.4.4.All applications shall be reviewed by the Membership Committee and applicants meeting the qualification criteria shall be recommended for membership to the Board of Directors.

3.4.5Those applicants placed in consideration for membership must receive approval by a majority vote of the Board of Directs present at a meeting wherein new members are considered.

3.4.6Applicants shall be notified of the decision of the Board of Directors by the Membership Committee chair or designate.

3.4.7Once an application has been voted upon favorably the annual membership fee will become due and payable and will complete the application process.

3.4.8In the event that an applicant is not approved for membership, the Membership Committee Chair shall notify the applicant in writing providing the reason for non approval.

3.4.9The Secretary and/or Membership Chair shall maintain a Register of Members of the Association.

3.5Membership Rights, Obligations, and Liability

3.5.1Membership rights are determined by the level of membership held, as specified in each level of membership.

3.5.2Each member of the FIAA shall:

3.5.2.1Comply with the Bylaws of the FIAA.

3.5.2.2.Pay to the FIAA the annual membership renewal fee on or before its due date.

3.5.2.3Provide the Membership Chair with any changes in their name, residential mailing and email address, employer information and telephone number within thirty (30) days of said changes.

3.5.2.4Comply with the IAAI Code of Ethics which sets out the personal and professional conduct expected of each member, even at the Chapter level.

3.5.2.5The liability of each member of the FIAA shall be limited in that no member, in the member’s individual capacity, shall be liable for any debt or liability of the FIAA.

3.6Register of Members

3.6.1In accordance with the Act, the FIAA shall keep a register of its members with the following information

3.6.1.1The full name and address of the person.

3.6..1.2The date on which the person was admitted as a member.

3.6.1.3The date on which the person ceased to be a member.

3.6.1.4The class of membership of the person.

3.6.2Any member of the FIAA may inspect the Register of Members or the annual list of the FIAA at any AGM , or at another time after having submitted a written request to the President.

3.6.2.1The Secretary of the FIAA shall, within a reasonable time of receiving from a member of the FIAA a request to provide to the member a copy of the Register of Members, the annual list of members, or an excerpt from either one or both, provide to that member the copy of the register, list or excerpt so requested without payment of a fee.

3.7 Membership Year

3.7.1The membership year of each member shall lapse at the end of one year unless renewed by making payment of the annual fee on or before the end the membership year. Any member whose membership lapses shall be removed from the membership and thereafter, shall have no membership rights or privileges in the FIAA.

3.7.1.1The membership year for each renewing member shall be one year from the date of expiration of the previous membership year.

3.7.1.2The membership year for each new member shall be one year from the date that the membership is approved by the Board of Directors and annual membership fee is received.

3.7.1.3The membership year for each former member who reapplies shall be one year from the date that the membership is approved by the Board of Directors.

3.7.2The membership date of any former member who reapplies shall be:

3.7.2.1The date on which the membership is approved by the Board of Director if the member submits only the membership fee for the current year, or

3.7.2.2The original date of membership if the member submits the membership fee for the current year and for any previous years for which the membership fees were not paid; in this case the original membership number shall also be retained.

3.8 Membership Fees

3.8.1The annual membership fee for the FIAA shall be determined by a majority vote of the Voting Members present at the AGM

3.8.2The annual membership renewal fee is due and payable each year on or before the date of expiration of the current membership year.

3.8.3Membership fees shall be non-refundable.

3.9 Withdrawal of a Member

3.9.1Any member wishing to withdraw from the FIAA may do so by submitting a letter of resignation to the Board and such resignation shall be effective upon the date of receipt of the letter by the Board.

3.9.2A member resigning from the FIAA shall no longer have the rights or privileges of a FIAA member, nor have any continuing obligations to the FIAA, effective the date of the letter of resignation.

3.10 Dispute and Grievance Procedures

3.10.1Any dispute brought to the attention of the Board of Directors, or any dispute which may arise with the FIAA membership or within the Board of Directors or Officers of the FIAA shall be discussed at a meeting of the Board of Directors in an attempt to determine the circumstances and conditions surrounding the situation in question.

3.10.2Any member involved in a dispute within the FIAA may appear before a meeting of the Board of Directors or make representation to the Board of Directors to clarify the situation, having been given thirty (30) days notice of the intent of the Board of Directors to discuss and resolve the situation in question.

3.10.3Any resolution of a dispute shall be decided on by a two thirds (2/3) vote of the entire Board of Directors.

3.10.4The decision of the Board of Directors regarding the dispute shall be communicated to all parties involved.

3.10.5Should the parties continue to disagree, or should the parties be unable to resolve the differences, a formal grievance may be filed in writing either by the member or by the Board of Directors.

3.10.6Any action or response regarding any grievance received by the Board of Directors or filed by the Board of Directors against any member of the FIAA shall be deferred in accordance with the grievance procedures outlined in the Constitution and By Laws of the IAAI until:

3.10.6.1Written notification of the allegations is directed to the IAAI outlining the circumstances and conditions surrounding the alleged incident, and

3.10.6.2The allegation is acted upon by the IAAI with a written response directed to the FIAA outlining its findings and/or its referral to committee for continued study, to be completed in a timely manner.

3.11 Expulsion of a Member

3.11.1Expulsion of a member of the FIAA shall only occur after:

3.11.1.1The provisions established for grievance procedures in the Constitution and By Laws of the IAAI have been followed, and

3.11.1.2The findings of the IAAI indicate some action is required because of:

3.11.1.2.1A failure of a member to comply with the IAAI Code of Ethics, or

3.11.1.2.2Any cause brought to the attention of the FIAA and determined by the IAAI to be inconsistent with the Constitution and By Laws of the IAAI

3.11.1.3Expulsion of a member shall require a majority vote of the entire Board of Directors.

3.11.1.4The President of the FIAA shall notify the member of the decision of the Board of Directors, in writing, to include:

3.11.1.4.1The decision of the Board of Directors.

3.11.1.4.2The findings of the IAAI.

3.11.1.4.3The effective date of the expulsion, at which time the former member shall have no rights or privileges in the FIAA, nor any continuing obligations to the FIAA, effective the day following the date of the letter of notification and

3.11.1.4.4Information regarding the arbitration process.

3.11.2 Within the arbitration process:

3.11.2.1A dispute arising out of the affairs of the FIAA and between any members of the FIAA, or between an individual who ceased to be a member of the FIAA at any time in the six months prior to the dispute, and the FIAA or a Director or Officer of the FIAA which cannot otherwise be settled by the formal grievance procedure shall be decided by arbitration pursuant to the Arbitration Act, Revised Statutes of Alberta 2000 Chapter A-43, and

3.11.2.2A decision made pursuant to such arbitration is binding on all parties and may be enforced on application to the Court of Queen’s Bench; there shall be no appeal from the decision.

3.12 Remuneration and Reimbursement

3.12.1Basic reimbursement shall be paid by the Treasurer for a Board members expense related to the business of the FIAA.

3.12.2Larger purchases shall be approved by the Board prior to purchase.

4. Board of Directors

4.1 Governing Structure

4.1.1The FIAA shall be governed by a Board of Directors which shall comprise of thirteen members who are Voting Members of the FIAA and Active Members of the IAAI, elected by the Voting Members of the FIAA at any AGM.

4.1.2The Officers of the FIAA shall be a President, a 1st Vice President, a 2nd Vice President, a Secretary, and a Treasurer.

4.1.3The 2nd Vice President is electedat the AGM by amajority vote of two thirds (2/3) voting members present.

4.1.4The positions of 1st Vice President and President are by a system of graduated succession from the 2ND Vice President.

4.1.5.The 1st Vice President will be filled automatically by the 2nd Vice President following a minimum term of one year with an option of a one year extension which may be exercised by the sitting President.

4.1.6.Position of the President will be for a term of one year with the option of a one year extension.

4.1.7.The Secretary and Treasurer are appointed from the duly elected Board of Directors by the President.

4.1.8.The Position of Secretary and Treasurer may be filled by one person or as a separate entity.

4.1.9.Standing Committees shall be established by the Board of Directors to carry out the ongoing business of the FIAA.

4.1.10.Ad Hoc Committees may be established by the Board of Directors to deal with particular tasks or issues.

4.2 Powers and Duties

4.2.1The powers, rights, and immunities of the FIAA, established by law through incorporation, shall be vested in the Board of Directors which shall develop and administer policies to manage and conduct the business and affairs of the further the Objects of the FIAA detailed in the application for incorporationFIAA.

4.2.2.The Board of Directors has the power to deal legally with all matters of the FIAA with the exception of those requiring the approval of the membership by Special Resolution.

4.2.3.The Board of Directors has the power to establish committees and assign duties, responsibilities and powers to these committees.