2014 Constitutional Amendments

 

Introduction

Leading up to the April 2012 Ontario NDP Provincial Convention, the Provincial Council hired a Chief Electoral Officer to oversee elections at the Provincial Convention. The CEO was further mandated to report on those elections, and in that report recommend improvements to the rules and processes of Provincial Conventions.

In November 2012, the CEO presented his recommendations to the Provincial Council. As a response to those recommendations, the Provincial Council voted to strike the 2012 Convention CEO Task Force, in order to develop recommendations on how the CEO’s recommendations should be implemented. Over the following year, the Task Force worked to develop its recommendations, which were presented in a report to the Provincial Council in October 2013. Included in the report were a number of specific recommendations for amendments to the Constitution, which the Constitution Committee was requested to draft.

2012 Task Force Recommendations to the Constitution Committee for Amendments to the Constitution

Constitution Committee to draft an amendment to the ONDP Constitution to include the requirement for gender parity in the selection of Constituency Association delegates.Constitution Committee to draft an amendment to the ONDP Constitution to encourage Constituency Associations to reflect the diversity of their ridings in the selection of delegates for Convention.Constitution Committee to draft an amendment to the ONDP Constitution that allows Constituency Association General Meetings to pass enabling motions to delegate the authority to the Riding Executive to appoint additional delegates to fill vacancies and appoint alternates.Constitution Committee to draft an amendment to the Ontario NDP Constitution that all ridings that have not filled their delegate entitlement 45 days prior to Convention will have their remaining delegate vacancies filled centrally with members in good standing on a first-come first-served basis, respecting gender parity. If a locally selected delegate withdraws from their spot within the 45 days prior to Convention, the local association shall have 10 days to fill this space before it too shall be filled by the Central Party. If the withdrawal is within 12 days prior to Convention, the Central Party shall have the right to fill the slot immediately.Constitution Committee to bring forward an amendment to the Ontario NDP Constitution that defines regional designation for the purposes of voting in regional caucuses at Convention or Council for ridings, Party Committees and Affiliates to be based on the actual residency of the individual.Constitution Committee to draft an amendment to the Constitution that states the rules governing the delegate selection process, election of Provincial Executive members, and the rules of how the Convention is conducted can only be amended a minimum of three months prior to Convention and only by adoption at a full Provincial Council.The Constitution Committee will draft a constitutional amendment to outline the nomination process in the ONDP Constitution. This will include a class of candidate known as "declared" prior to Convention.

Results from the Constitution Committee

Since October 2013, the Constitution Committee has spent the vast majority of its term consulting on, drafting, and finalizing numerous amendments to the Constitution as a result of the Task Force report. During its work on the Task Force report, the Committee identified the need for a thorough overhaul of the Constitution.

The Constitution has been a living document, regularly having a number of amendments made to it at each biennial Provincial Convention. However, as a result of these numerous incremental changes over many years, a number of issues arose in the presentation and execution of the Constitution. As such, the Committee further endeavoured to prepare a set of amendments to overhaul the Constitution. Due to the priority of the 2012 Convention CEO Task Force recommendations, for this Provincial Convention, the Constitution Committee has avoided bringing forward other amendments that change the substance of an existing article or the process of existing practices that are to be codified by these amendments. The primary goal of this overhaul was to create consistent language and terminology across the Constitution, correct identified ambiguities and contradictions, and codify accepted practices that are currently unwritten.

To aid the Convention in reviewing the proposed amendments, amendments to the Constitution that were prepared by the Constitution Committee are presented with the current Constitution side-by-side, section-by-section.

After the 2014 Biennial Provincial Convention, the Constitution Committee will begin a thorough consultation process in order to identify and produce substantive, new rules and procedures for adoption that continue the ongoing work of improving party governance.

How to Read the Resolutions

Each resolution begins with its resolution number (e.g. "CA-1") and title. The resolution will then provide an instruction that starts with: "Be it resolved, that...". Additional instructions that may be provided start with: "Be it further resolved, that...", or: "BIFR, that...", for short-hand.

Most of the instructions are that an article or one or more sections in an article be replaced with the provided text. Instructions may also be to move or rename an article or one or more sections in an article.

Text that appears in italics indicates a note to the reader is an is not a part of the actual text of the amendment.

Except for the By-laws (as these are new), each instruction will include a side-by-side comparison of the proposed amendment, along with the text that currently appears for the applicable section in the Constitution. When content spans both the "Existing" and "Proposed" columns, it means that the content does not change. The comparison will appear in one of the following ways:

Proposed

Existing

Article #spanning both columns means that the article number and name do not change

New article sections and contents...

Old article sections and contents...

Proposed

Existing

Article #New article number and name

Article #Old article number and name

New article sections and contents...

Old article sections and contents...

Proposed

Existing

Article #article number and name does not change

New article sections and contents...

Old article sections and contents...

Spanning both columns means that this section and its content do not change

Resolutions

CA-1: Interpretation and Rules of Order, and By-laws

(This resolution addresses Task Force Recommendation 5 on Regional Caucus membership.)Be it resolved, that the Constitution of the Party be amended to move sections 1 through 3 of Article 15 (Interpretation and Amendments) into following article as sections 1 through 3, and that the following article be inserted immediately after Article 2 (Principles), as follows, with subsequent articles renumbered accordingly:

Proposed

Existing

Article 3:             Interpretation and Rules of Order

Article 15:          Interpretation and Amendments

Section 1:        

1.1          On a day-to-day basis, this Constitution shall be interpreted by the Secretary of the Party, or, in the absence of the Secretary, by a staff member appointed by the Secretary.
1.2          Any interpretation by the Secretary may be appealed to the Provincial Executive.

Section 2:        

2.1          At a meeting of the Provincial Executive, the Provincial Council or a Provincial Convention, this Constitution shall be interpreted by the President of the Party, or, in the absence of the President, by the chairperson of the meeting.
2.2          Any interpretation by the President or chairperson of the meeting may be overturned by a majority vote of those present and voting at the meeting.

Section 3:        

3.1          At every meeting of a Provincial Convention, the Provincial Council, or the Provincial Executive, and at every meeting of all constituency associations, area councils and regional conferences, as well as every meeting of the executive or other committees thereof, where any matter is not covered by this Constitution or any other constitution which is binding on the body, Robert’s Rules of Order shall govern the matter, unless some other method of procedure has been specifically agreed to beforehand.

Section 4:         Regional Caucus Membership

4.1          A member belongs only to the Regional Caucus in which they permanently reside, regardless of which constituency association they are a member of and regardless of their delegating body.Nil

Article 16: Interpretation and Amendments

Section 1:        

1.1          This Constitution may be amended by a two-thirds majority vote of all delegates present and voting at a Provincial Convention.

Section 4:        

4.1          This Constitution may be amended by a two-thirds majority vote of all delegates present and voting at a Provincial Convention.

BIFR, that Article 16 (Interpretation and Amendments) be renamed “Amendment”.BIFR, that Article 17 (Bylaws) of the Constitution of the Party be amended to read as follows:

Proposed

Existing

Article 17:             By-laws

Article 16: Bylaws

Section 1:         Authority

1.1          The By-laws shall be the second-highest governing document of the Party, limited in authority only as specified by the Constitution or at a Provincial Convention.
1.2          In any conflict that may arise between the Constitution and the By-laws, the Constitution shall supersede and prevail.Nil

Section 2:         Establishment

2.1          The Provincial Council may adopt by-laws as needed.
2.2          The Provincial Executive may adopt by-laws to govern its own affairs as needed.
2.3          The Provincial Executive may adopt by-laws of the Party on an emergency basis. By-laws of the Party adopted by the Provincial Executive shall not remain in effect after the subsequent meeting of the Provincial Council or four (4) months, whichever occurs first, unless the by-law is adopted by the Provincial Council. The four (4) month limitation is suspended during the period from issuance of writs of a general election, or when such an issuance is imminent, to ten (10) weeks after the polling day for the general election.

Section 1:        

1.1          The Provincial Executive may adopt by-laws as needed, if the bylaw is of an urgent nature.
1.2          Any such bylaw shall remain in force until the next meeting of Provincial Council, at which point the bylaw shall be confirmed by the Provincial Council or shall cease to be in force.

Section 2:        

2.1          The Provincial Council may adopt by-laws as needed.

Handled in By-law 1.

2.2          Proposed by-laws shall be circulated to Provincial Council delegates, at least 21 days, in advance of any Provincial Council at which the by-law is to be considered.
2.3          The by-law shall be adopted if it receives at least two-thirds of the delegates voting at a Provincial Council meeting.

CA-2: Provincial Conventions

(This resolution addresses Task Force Recommendation 1 on delegation gender parity, Recommendation 2 on delegation diversity, Recommendation 3 on enabling constituency association executives to fill delegation vacancies, Recommendation 4 on deadlines to submit delegation lists and transferring unused credentials for central filling, and Recommendation 6 on the deadline to amend convention rules.)

Be it resolved, that Article 8 (Provincial Conventions) of the Constitution of the Party be amended to insert the following at the end of the current text:

Proposed

Existing

Article 8:             Provincial Conventions

Article 7: Provincial Conventions

Sections 1 through 10 omitted here for brevity.

Section 11:      Business and Process

11.1       The By-laws may provide additional governance of the delegate selection process, election of Provincial Executive, and other rules of order for Provincial Conventions. Amendments to the By-laws made within the ninety (90) days prior to a Provincial Convention shall not be in effect for that Provincial Convention.

Section 12:      Delegate Selection

12.1       All bodies of the Party entitled to delegation to a Provincial Convention shall elect their delegates and alternates at a general meeting. If any delegate entitlements are not filled at the general meeting, the executive of the body may be empowered to fill those entitlements if:
a)            Notice of the Provincial Convention has been distributed; and
b)           Such a motion enabling the body’s executive to do so has been adopted at the general meeting of that body.
12.2       Except for the Women’s Committee, all bodies of the Party entitled to more than one delegate to a Provincial Convention shall ensure that their delegations have gender parity. The Credentials Co-Chairs shall allow, in no particular order within each gender, the registration of only those delegates who maintain the gender parity of the delegation.
12.3       Constituency associations should elect delegates who reflect the diversity of their electoral district.

Section 13:      Delegate Pool

13.1       Bodies of the Party entitled to delegation that have not filled their delegate entitlement by forty-five (45) days prior to a Biennial Provincial Convention shall have their vacant delegate entitlements transferred to the delegate pool, unless:
a)            The body adopts a motion at a general meeting to not have any vacant delegate entitlements transferred to the delegate pool for that Biennial Provincial Convention; and
b)           The body advises the Provincial Secretary of the adoption of such a motion by forty-five (45) days prior to the Biennial Provincial Convention.
13.2       Except for bodies of the Party that will not have vacant delegate entitlements transferred to the delegate pool, the following shall apply to bodies of the Party for a Biennial Provincial Convention:
a)            If a delegate fails to register by twelve (12) days prior to a Biennial Convention or withdraws from their delegation within the twelve (12) days prior to a Biennial Provincial Convention, the vacant delegate entitlement shall be immediately transferred to the delegate pool; and
b)           If a delegate withdraws from their delegation within the fifty-five (55) days prior to a Biennial Provincial Convention, the delegating body shall notify the Provincial Secretary, or vice versa, and the delegating body shall have up to ten (10) days, but not beyond the twelfth (12th) day prior to the Biennial Provincial Convention to fill the vacancy, otherwise the vacant delegate entitlement shall be transferred to the delegate pool.
13.3       The delegate pool shall be filled on a on a first-come, first-served basis, with gender parity being ensured.Nil

CA-3: The By-laws

(This resolution enables the enactment CA-4. CA-4 addresses Task Force Recommendation 7 on "declared" candidates for the Provincial Convention)

Be it resolved, that a document titled, “By-laws of the New Democratic Party of Ontario” be created with the following text:

By-law 1: The By-laws

Applies to: AllEffective:Amended: Nil

Section 1:         Establishment

1.1          The By-laws shall govern the internal, standing rules and procedures of the Party that are not set out in the Constitution. The By-laws may not conflict with the Constitution. In any conflict that may arise between the Constitution and the By-laws, the Constitution shall supersede and prevail.
1.2          Bodies of the Party may still adopt rules and procedures to govern their own affairs, so long as those rules and procedures do not conflict with the By-laws and are adopted in accordance with the governing rules of that body or its parent body.

Section 2:         Amendment

2.1          The By-laws may be amended by a majority of those present and voting at a meeting of the Provincial Council or at a Provincial Convention.
2.2          To be considered at a meeting of the Provincial Council, motions to amend the By-laws must, unless indicated otherwise in the By-laws:
a)            Have been given proper notice, which shall be providing notice of intent to make the motion, stating the complete substance of the proposed change, at the previous meeting of the Provincial Council;
b)           Be submitted in writing to the Provincial Secretary at least forty-five (45) days in advance of the meeting of the Provincial Council; and
c)            Be moved by the Provincial Executive, or a delegate on behalf of one of the following that adopted the motion at a general meeting:
i)             A constituency association;
ii)           A regional council; or
iii)          A special section or equity committee, if the resolution deals exclusively with an issue directly affecting that special section or equity committee.
2.3          To be considered at a meeting of the Provincial Council without prior notice, emergency motions to amend the By-laws must:
a)            Be submitted in writing to the chair; and
b)           Be moved by one of the following:
i)             The Provincial Executive; or
ii)           The Constitution and By-laws Committee, after review in advance of the meeting of the Provincial Council of a motion adopted at a general meeting of a body of the Party.
2.4          If the Constitution and By-laws Committee does not move a submitted motion to amend the By-laws as an emergency resolution, a delegate from the body that submitted the motion may provide notice of intent to make the motion, stating the complete substance of the proposed change, for the next meeting of the Provincial Council.

CA-4: Nominations for Candidacy for the Provincial Executive

(This resolution addresses Task Force Recommendation 7 on "declared" candidates for the Provincial Convention)

Be it resolved, that the By-laws of the Party be amended to insert the following by-law as By-law 2:

By-law 2: Nominations for Candidacy for the Provincial Executive

Applies to: Provincial ExecutiveEffective:Amended: Nil

Section 1:         Nomination for Provincial Executive

1.1          At a Provincial Convention where an election for the Provincial Executive is to occur, an individual must be a registered delegate to and in attendance at the Provincial Convention in order to be nominated as a candidate for the Provincial Executive.
1.2          To be nominated as a candidate for the Provincial Executive, a completed Nomination Form must be submitted in person, with a nominator present, to the Balloting Co-Chairs, at the Convention NDP Office, at specified times listed on the Provincial Convention agenda.

Section 2:         Declaration of Candidacy

2.1          Prior to nomination as a candidate for the Provincial Executive, a member may declare their intention to be nominated as a candidate.
2.2          To declare their intention to be nominated as a candidate, a member must submit a Declaration of Candidacy for the Provincial Executive Form to the Provincial Secretary.
2.3          The Declaration of Candidacy for the Provincial Executive Form shall require from the declaring candidate:
a)            Full legal name;
b)           Mailing address;
c)            Phone number;
d)           Email address;
e)            Position being sought; and
f)            Confirmation that they have read and understood the duties of the position being sought.
2.4          A candidate who has submitted their Declaration of Candidacy for the Provincial Executive Form may submit a candidate biography to the Provincial Secretary. A candidate biography may include up-to one hundred and fifty (150) words of text and one portrait photo.
2.5          Candidate biographies submitted by the prescribed deadline shall be emailed by Provincial Secretary or their designate to all registered delegates at least twenty-one (21) days prior to the election.

(CA-5 and CA-6 not related to amendments prepared by Constitution Committee.)

CA-7: Institution, Interpretation and Rules of Order, and Amendment

(This resolution is the first of three "housekeeping" resolutions.)Be it resolved, that Article 1 (Name) of the Constitution of the Party be renamed “Institution” and amended to read as follows:

Proposed

Existing

Article 1: Institution

Article 1: Name

Section 1:         Name

1.1          The full English name of the Party shall be: “New Democratic Party of Ontario”, and the short English name of the Party shall be: “Ontario NDP”.
1.2          The full French name of the Party shall be: “Nouveau Parti démocratique de l’Ontario”, and the short French name of the Party shall be: “NPD de l’Ontario”.

Section 2:         Establishment

2.1          The Party constitutes a section of the New Democratic Party (of Canada), and is fully autonomous in constitution, policy, principles, and program, provided that they are in accordance with those of the New Democratic Party (of Canada).The name of the Party shall be the NEW DEMOCRATIC PARTY OF ONTARIO. The New Democratic Party of Ontario will constitute a section of the New Democratic Party (of Canada).

BIFR, that Article 3 (Interpretation and Rules of Order) of the Constitution of the Party be amended to delete sections 1 through 3 and insert the following sections prior to the current section 4:

Proposed

Existing

Article 3: Interpretation and Rules of Order

Section 1:         Definitions

For the purpose of the Constitution of the Party, unless the context requires otherwise:
1.1          “Ad hoc committee” means those bodies established to fulfill a specific mandate in a finite period of time.
1.2          “Bodies of the Party” means those bodies established within the Party, including, but not limited to, constituency associations, the Provincial Council, the Provincial Executive, Provincial Conventions, special sections, equity committees, and regional councils.
1.3          “Business day” means an ordinary working day in the province of Ontario.
1.4          “The By-laws” means the by-laws of the Party.
1.5          “The Caucus” means the members of the New Democratic Party of Ontario caucus in the Legislature.
1.6          “Constituency” means an electoral district.
1.7          “Constituency association” means the association endorsed by the Party as the official association of the Party in the electoral district.
1.8          “This Constitution” and “the Constitution” mean the constitution of the New Democratic Party of Ontario.
1.9          “Convention” means a Provincial Convention.
1.10       “Electoral district” means an electoral district as per Ontario election law.
1.11       “General meeting” means a duly-called meeting of the membership of a constituency association or other body.
1.12       “The Leader” means the leader of the Party.
1.13       “The Legislature” means the Legislative Assembly of Ontario.
1.14       “LGBTQ” means “Lesbian, Gay, Bisexual, Trans, Queer” but includes all people of diverse sexual orientations and gender identities.
1.15       “Meeting”, within a governing document of and by the Party, means a meeting as commonly understood, and does not alter the interpretation of a meeting vis-à-vis a session within Robert’s Rules of Order.
1.16       “Member” means a member of the Party whose membership dues are current and whose membership has not been suspended or terminated.
1.17       “The NDP” means the New Democratic Party.
1.18       “The Officers” means the officers of the Party.
1.19       “The ONDP” and “the Ontario NDP” mean the New Democratic Party of Ontario.
1.20       “The ONDY” means the Ontario New Democratic Youth.
1.21       “The Party” means the New Democratic Party of Ontario.
1.22       “Policy” means a document setting out either a protocol or a belief of the Party.
1.23       “Procedure” means a governing or operating rule of the Party.
1.24       “The Provincial Council” means the Provincial Council of the Party.
1.25       “The Provincial Executive” means the Provincial Executive of the Party.
1.26       “The Provincial Secretary” means the Provincial Secretary of the Party.
1.27       “Regional Caucuses” means those groupings of constituency associations, based on their geographical location, as stated by the Constitution.
1.28       “Riding” means an electoral district.
1.29       “Riding association” means a constituency association.
1.30       “Standing committee” means those bodies whose mandate is continuous.
1.31       “Statement” means an official comment of the Party outlining our position on a specific issue or event that has occurred or is occurring.
1.32       “Year” means from January 1 to December 31.
1.33       “Youth” means an individual who is twenty-five (25) years of age or younger.Nil

Section 2:         Parliamentary Authority

2.1          Unless specified otherwise by the Constitution or the By-laws, the rules contained in the current edition of Robert’s Rules of Order shall govern the Party in all cases to which they are applicable and in which they are consistent with the Constitution and the By-laws.
2.2          If agreed to beforehand by the participants, some other rules of order may be used so long as they comply with the Constitution and the By-laws.

Section 3:        

3.1          At every meeting of a Provincial Convention, the Provincial Council, or the Provincial Executive, and at every meeting of all constituency associations, area councils and regional conferences, as well as every meeting of the executive or other committees thereof, where any matter is not covered by this Constitution or any other constitution which is binding on the body, Robert’s Rules of Order shall govern the matter, unless some other method of procedure has been specifically agreed to beforehand.

Section 3:         Appeals

3.1          On a day-to-day basis, the Constitution and the By-laws shall be interpreted by the Provincial Secretary, or, in the absence of the Provincial Secretary, by a staff member appointed by the Provincial Secretary.
3.2          Decisions of the Provincial Secretary or their appointee may be appealed to the Provincial Executive.
3.3          At a Provincial Convention, meeting of the Provincial Council, or meeting of the Provincial Executive, the Constitution and the By-laws shall be interpreted by the President of the Party, or by the chairperson in the absence from the chair of the President. Any decision of the President or the chairperson may be overturned on appeal by a majority of those present and voting.

Section 1:        

1.1          On a day-to-day basis, this Constitution shall be interpreted by the Secretary of the Party, or, in the absence of the Secretary, by a staff member appointed by the Secretary.
1.2          Any interpretation by the Secretary may be appealed to the Provincial Executive.

Section 2:           

2.1          At a meeting of the Provincial Executive, the Provincial Council or a Provincial Convention, this Constitution shall be interpreted by the President of the Party, or, in the absence of the President, by the chairperson of the meeting.
2.2          Any interpretation by the President or chairperson of the meeting may be overturned by a majority vote of those present and voting at the meeting.

Section 4:         Anti-Harassment Policy

4.1          The Anti-Harassment Policy shall be set out in the By-laws.
4.2          All Provincial Conventions, meetings of the Provincial Council, meetings of the Provincial Executive, and other meetings and functions of the Party shall be conducted in accordance with the Anti-Harassment Policy.
4.3          A copy of the current Anti-Harassment Policy shall be provided to those in attendance at a Provincial Convention or a meeting of the Provincial Council. A copy of the current Anti-Harassment Policy shall be available to those in attendance at other meetings and functions of the Party.Nil

Section 5:         Gender Identity

5.1          References to a specific gender shall be interpreted as referring to those individuals who self-identify as that gender.
5.2          Unless the context request otherwise, references to the male and female sexes shall be interpreted as referring to the genders of man and woman, respectively.
5.3          When a position is restricted to a specific gender, individuals who do not self-identify either as a man or as a woman may fill that position regardless of the stated gender restriction.Nil

Section 6:         Regional Caucus Membership

6.1          A member belongs only to the Regional Caucus in which they permanently reside, regardless of which constituency association they are a member of and regardless of their delegating body.

BIFR, that Article 16 (Amendment) of the Constitution of the Party be moved to immediately after Article 3 (Interpretation and Rules of Order), and amended to read as follows:

Proposed

Existing

Article 4: Amendment

Article 15: Amendment

Section 1:         Process

1.1          The Constitution may be amended by a two-thirds (⅔) majority of those delegates present and voting at any Biennial Provincial Convention, or Special Provincial Convention called for this purpose, provided that the text of the proposed amendment is provided by a body entitled to submit resolutions to the Provincial Secretary or their designate at least forty-five (45) days prior to the Provincial Convention.

Section 1:        

1.1          This Constitution may be amended by a two-thirds majority vote of all delegates present and voting at a Provincial Convention.

CA-8: Individual Membership, Affiliated Organizations, Constituency Associations, Nominations of Candidates, Officers, Provincial Executive, Provincial Council, Leader, Special Sections and Equity Committees, Ethnic Advisory Committees, Regional Councils, and Discipline

(This resolution is the second of three "housekeeping" resolutions.)Be it resolved, that Article 5 (Individual Membership) of the Constitution of the Party be amended to read as follows:

Proposed

Existing

Article 5: Individual Membership

Article 3: Individual Membership

Section 1:         Administration of Individual Memberships

1.1          The Provincial Secretary shall administer all individual memberships. The By-laws or the Provincial Council may direct the Provincial Secretary in the process and policies of the administration of individual memberships, so long as they are in accordance with every other part of this article.

Section 5:        

5.1          The Secretary of the Party shall maintain the list of individual members of the Party.

Section 2:         Eligibility and Requirements

2.1          Any individual who resides in the province of Ontario may apply for individual membership in the Party.
2.2          An individual who applies for individual membership shall undertake that:
a)            They will abide by the Constitution, the By-laws, and the principles of the Party; and
b)           They are neither a member nor supporter of any other political party in the province of Ontario.
2.3          There shall be no discrimination whatsoever with respect to individual membership in the Party, provided that the individual complies with the stated requirements of individual membership.

Section 1:        

1.1          Any individual who resides in Ontario may apply for individual membership in the Party.
1.2          An individual who applies for individual membership shall undertake that he/she
a)            will abide by the Constitution and principles of the Party, and
b)           is not a member or supporter of any other political party.
1.3          There shall be no discrimination whatsoever with respect to individual membership in the Party provided the individual complies with the provisions of this Article.

Section 3:         Fees

3.1          Fees for individual membership shall be applied on an annual basis.
3.2          Fee categories and amounts for individual membership may be established, altered, or repealed by a resolution of a Provincial Convention. The current fee categories and amounts shall be included as an appendix to the Constitution.
3.3          The fee for an individual member who also belongs to an organization that is an affiliated member shall be the difference between the individual membership fee that the individual would normally pay, and the per-capita fee that the organization paid on their behalf.

Section 2:        

2.1          Annual membership fees for individual members shall be established from time to time by a resolution of a Provincial Convention.

Section 4:         Application for Individual Membership

4.1          Each application for individual membership, which shall include payment for the appropriate membership fee, shall be provided to the Provincial Secretary.
4.2          An application for individual membership is approved upon:
a)            The approval of the application by the Provincial Secretary or their designate; or
b)           The expiration of the thirtieth (30th) day after the application was received by the Provincial Secretary, unless the applicant is given notice in writing by the Provincial Secretary that the application has been referred to the Provincial Executive.
4.3          The Provincial Secretary may refer an application for individual membership to the Provincial Executive, who shall decide at their next meeting whether to approve or reject the application for individual membership.

Section 3:        

3.1          Each application for individual membership and each renewal of individual membership shall be forwarded to the Secretary of the Party together with the appropriate membership fee.
3.2          Subject to this Article and to Article 11.03, an applicant for individual membership becomes an individual member of the Party:
a)            upon acceptance of the application by the Secretary of the Party, or designate, or
b)           upon the expiration of the 30th day after the application for individual membership and the appropriate membership fee are received by the Secretary of the Party, unless the applicant is given notice in writing by the Secretary of the Party that the application has been referred to the Provincial Executive.

Section 5:         Renewals

5.1          An individual member may only renew their membership on or prior to March 31st of the year following the year that their individual membership expired; otherwise, they may re-join the Party only through a new application for individual membership.
5.2          Each renewal for individual membership, which shall include payment for the appropriate membership fee, shall be provided to the Provincial Secretary.
5.3          An individual membership is renewed upon the earlier of:
a)            The renewal having been processed by the Provincial Secretary or their designate; or
b)           The expiration of the thirtieth (30th) day after the renewal was received by the Provincial Secretary.
5.4          In all cases, the Provincial Secretary shall process renewals for individual membership as soon as practicable after having been received.

Section 4:        

4.1          Individual membership shall be based on a calendar year.
4.2          An individual who becomes an individual member or who renews his or her membership on or after November 1 in any year shall remain a member in good standing until December 31 of the next year.
4.3          An individual member in good standing at the end of any calendar year retains all rights and privileges of membership until March 31 in the next year; thereafter, an individual member may immediately regain all rights and privileges of membership by renewing his/her membership at any time before the end of the year.
4.4          An individual member in good standing at the end of any calendar year who does not renew his/ her membership before the end of the next year must apply for membership in the same manner as a new applicant.

Section 6:         Individual Membership Period

6.1          An individual member whose application for membership is approved prior to November 1st of the current year shall be a member for the period starting on the day that their application for membership is approved and expiring on March 31st of the following year.
6.2          An individual member whose application for membership is approved on or after November 1st of the current year shall be a member for the period starting on the day that their application for membership is approved and expiring on March 31st of the year after the following year.
6.3          An individual member whose membership is renewed prior to November 1st of the current year shall have their membership renewed until March 31st of the following year.
6.4          An individual member whose membership is renewed on or after November 1st of the current year shall have their membership renewed until March 31st of the year after the following year.
6.5          The aforementioned clauses on the period of individual membership do not restrict the suspension or cancellation of an individual membership.

Section 7:         Voting age

7.1          For individual members, only those members who are thirteen (13) years of age or older may vote within the Party.

Section 8:        

8.1          To have voting rights within the Party an individual member must be thirteen years of age or older.Clause 6.1 moved to the article on constituency associations.
Clause 6.2 deleted.

Section 6:        

6.1          Each individual member shall be a member of one provincial constituency association and one federal constituency association.
6.2          An individual member may be a member of more than one municipal constituency association provided that the boundaries of those municipal constituencies overlap.Moved to the article on constituency associations.

Section 7:        

7.1          An individual member has the right to be a member of the constituency association for the constituency in which he/she resides.
7.2          An individual member may become a member of a constituency association other than the one in which he/she resides by making a personal request to the constituency association to which he/she wishes to belong, and by having that constituency association accept his/her membership.

BIFR, that Article 6 (Affiliated Organizations) of the Constitution of the Party be amended to read as follows:

Proposed

Existing

Article 6: Affiliated Organizations

Article 4: Affiliated Organizations

Section 1:         Administration of Affiliated Memberships

1.1          The Provincial Secretary shall administer all affiliated memberships. The By-laws or the Provincial Council may direct the Provincial Secretary in the process and policies of the administration of affiliated memberships, so long as they are in accordance with every other part of this article.Nil

Section 2:         Eligibility and Requirements

2.1          Application for affiliated membership in the Party shall be open to the following that operate in the province of Ontario:
a)            Labour unions;
b)           Civil society, including, but not limited to:
i)             Co-operatives;
ii)           Not-for-profit organizations;
iii)          Ethnic organizations;
iv)          Human rights and equity-seeking organizations; and
v)           Environmental organizations;
c)            Farm and farmer organizations; and
d)           Other organizations that share the values and goals of the Party.
2.2          The determination of whether to apply for affiliated membership shall be done through methods determined by the organization itself.
2.3          A sub-body of an organization may apply for affiliated membership on behalf of itself, so long as it has the authority to do so within the policies and procedures of its parent organization, and operates in the province of Ontario.
2.4          An organization that applies for membership shall undertake that:
a)            They will abide by the Constitution, the By-laws, and the principles of the Party; and
b)           They are neither a member nor supporter of any other political party in the province of Ontario.
2.5          An individual within the organization of an affiliated member may be an individual member of the Party in accordance with the requirements of individual membership.

Section 1:        

1.1          Affiliated membership shall be open to trade unions, farm organizations, co-operatives, ethnic associations, women’s/ men’s organizations and other appropriate organizations.
1.2          An organization wishing to affiliate shall do so through methods determined by the organization itself.
1.3          A local, regional, or provincial organization may apply for affiliation for its membership in the province or for members of a local, lodge, branch, or district.

Section 2:        

2.1          Each affiliated organization shall undertake to accept and abide by the principles and Constitution of the Party, and shall not be associated or identified with any other political party.

Section 3:         Fees

3.1          Fees for affiliated membership shall be applied on an annual basis.
3.2          A single per-capita fee for affiliated members shall be determined by the Provincial Council.

Section 4:        

4.1          The per capita fee for affiliated organizations shall be determined by the Provincial Council.

Section 4:         Application for Affiliated Membership

4.1          Each application for affiliated membership, which shall include payment for the appropriate membership fee, shall be provided to the Provincial Secretary.
4.2          An application for affiliated membership shall be approved or rejected by the Provincial Council. Any decision by the Provincial Council on whether to approve or reject an application for affiliated membership may be appealed to a Biennial or Special Provincial Convention.

Section 3:        

3.1          Each application for affiliation shall be made to the Provincial Council. Any such decision for affiliation may be appealed to the following Provincial Convention, which shall have the final determination on any such appeal.

Section 5:         Individual Opt-out within the Organization of an Affiliated Member

5.1          Any individual within the organization of an affiliated member may, at any time, notify their organization that they do not want a per-capita payment to be made to the Party on their behalf, and the organization shall forthwith cease to do so.

Section 5:        

5.1          Any member of an affiliated organization may, at any time, officially notify his/her organization that he/she does not wish his/her per capita payment to be made to the Ontario New Democratic Party on his/her behalf and the organization shall forthwith cease to do so.Moved to the article on individual memberships.

Section 6:        

6.1          Subject to Article 3, a member of an affiliated organization may become an individual member of the Party upon the payment of the difference between the annual per capita fee paid on his/her behalf and the individual membership fee.

BIFR, that Article 8 (Constituency Associations) of the Constitution of the Party be moved to immediately after the article on the Provincial Council, and amended to read as follows:

Proposed

Existing

Article 12: Constituency Associations

Article 6: Constituency Associations

Section 1:         Establishment

1.1          There shall be a constituency association for each provincial electoral district.
1.2          The Provincial Secretary shall oversee and endeavour towards the establishment of constituency associations in electoral districts where no constituency association exists.
1.3          Each constituency association shall be established at a general meeting of its eventual members. Notice of the general meeting shall be provided, in the same process as would otherwise be required for members, to all individual members who reside within the electoral district of the constituency association.

Section 1:        

1.1          There shall be a constituency association for each provincial constituency and a constituency association for each federal constituency within the province of Ontario.
1.2          There may be a constituency association for each municipal constituency.

Section 2:         Mandate
2.1          The mandate of each constituency association shall include the following:
a)            Nominate the candidate of the Party in the electoral district and support the campaign to elect that candidate.
b)           Support and promote the principles and policies of the Party through political education, organization, and engagement within the electoral district.
c)            Encourage its membership to participate in developing party policy and party governance, and provide a forum for such participation.

2.2          The Provincial Council may expand on the mandate for constituency associations.

Section 2:        

2.1          The purpose of each constituency association shall be to organize within the constituency for electoral, political and educational purposes and to nominate candidates for electoral office.
2.2          In addition, the purpose of each provincial constituency association shall be:
a)            to recruit members;
b)           to carry out the administrative work of the party within its constituency; and
c)            to be the constituency association to which the Party assigns responsibilities under Ontario’s election laws.

Section 3:         Membership

3.1          Only an individual member may be a member of a constituency association.
3.2          Each individual member shall be a member of only one (1) constituency association.
3.3          Upon the approval of an application for individual membership, the member shall be a member of the constituency association of the electoral district in which they reside.
3.4          An individual member may become a member of a constituency association of an electoral district in which they do not reside upon submitting a request to do so to that constituency association, and the request being approved by the executive of the constituency association or at a general meeting of the constituency association.
3.5          Every member of a constituency association who becomes a member of another constituency association shall cease to be a member of the previous constituency association.

Section 3:        

3.1          Subject to Article 3.07(2), the individual members who reside within a particular constituency shall constitute the membership of that constituency association.

Section 4:         Governance

4.1          Each constituency association shall adopt a constitution to govern its affairs.
4.2          The constitution of a constituency association shall not conflict with the Constitution of the Party, the By-laws of the Party, or the direction of the Provincial Council.
4.3          The Provincial Council may adopt and amend model constitutions for constituency associations.
4.4          The adoption or amendment of the constitution of a constituency association is subject to approval by the Provincial Council.
4.5          Any constituency association that does not adopt a constitution in accordance with this article shall be deemed to have adopted the applicable model constitution and the Provincial Council shall be deemed to have approved it.
4.6          Each constituency association shall be governed by an executive, which shall include a minimum of four (4) officers, who shall be the:
a)            President;
b)           Vice-President;
c)            Chief Financial Officer; and
d)           Secretary.
4.7          The executive of each constituency association shall also include the following positions:
a)            Membership Secretary;
b)           Aboriginal Representative;
c)            Disability Rights Representative;
d)           LGBTQ Representative;
e)            Racialized Communities Representative;
f)            Women’s Representative; and
g)            Youth Representative.

Section 4:        

4.1          Each constituency association shall be governed by an executive, which shall consist of a minimum of six (6) officers, namely a president, a vice-president, a secretary, a chief financial officer, a membership organizer, and a youth officer.

Section 5:        

5.1          Each constituency association shall adopt a constitution to govern its affairs.
5.2          Each constituency association shall forward its constitution and any amendments thereto to the Provincial Council as soon as the constitution or amendment has been adopted.
5.3          No constitution of a constituency association or amendment thereto, is valid unless it is in accordance with the Provincial Constitution and is approved by the Provincial Council.

Section 6:        

6.1          The Provincial Council may adopt and amend model constitutions for federal, provincial and municipal constituency associations.
6.2          Any constituency association which has not adopted a constitution in accordance with this Article shall be deemed to have adopted the appropriate model constitution or amendment thereto and the Provincial Council shall be deemed to have approved it.

Section 5:         Community Clubs

5.1          In an electoral district where geographical distances cause the holding of meetings and conducting of normal constituency association business to be extremely difficult, the constituency association may adopt a constitution to allow for “community clubs”.
5.2          “Community clubs” shall carry on the mandate of the constituency association, but shall be subordinate to the constituency association.
5.3          The constituency association must still elect the required officers for its executive at a general meeting of the constituency association. The officers of the constituency association shall remain responsible for the legal affairs of the constituency association, including, but not limited to: approval of expenditures, accepting contributions, and correspondence with Elections Ontario.
5.4          Where a general meeting is required for the nomination of candidates, election of delegates, and adoption of resolutions for Provincial Conventions, the general meeting must be for the constituency association; the “community clubs” shall not be empowered to carry out such business.

Section 7:        

7.1          In a constituency where the holding of meetings and conducting of normal constituency association activities are extremely difficult because communities are widely separated, the constituency association may adopt a constitution to allow for “community clubs.”
7.2          “Community clubs” shall carry on the normal coordinating functions of a regular constituency association but shall be subordinate to the total constituency association.
7.3          Such matters as the selection of candidates, selection of convention delegates and adoption of resolutions for conventions must be done by the full constituency association.Deleted

Section 8:        

8.1          Federal constituency associations shall abide by obligations to the New Democratic Party (of Canada) as determined by the New Democratic Party (of Canada) and agreed to by the New Democratic Party of Ontario.

BIFR, that the Constitution of the Party be amended to move Article 7 (Nomination Meetings) to immediately after the new position of Article 12 (Constituency Associations), renamed “Nominations of Candidates”, and amended to read as follows:

Proposed

Existing

Article 12: Nominations of Candidates

Article 6: Nomination Meetings

Section 1:         Governance

1.1          The Provincial Council shall establish the rules and procedures for the nominations of candidates to represent the Party in a general election or by-election.
1.2          The process of establishing the rules and procedures for the nominations of candidates shall be specified in the By-laws.

Section 1:        

1.1          The executive of every constituency association shall, in accordance with rules and procedures established by the Provincial Council, call a nomination meeting for the purpose of selecting a candidate to represent the Party in a general election or by-election.

Section 2:         Notice of Nomination Meetings

2.1          Notice of a nomination meeting must be sent to every individual member who is eligible to vote at the nomination meeting no later than fourteen (14) days prior to the date of a nomination meeting.
2.2          Notice of a nomination meeting must be sent to every individual member who is eligible to vote at the nomination meeting and became eligible to vote at the nomination meeting, after notice of the nomination meeting was sent to the membership, no later than fourteen (14) days prior to the date of a nomination meeting.
2.3          The Provincial Executive or the Provincial Secretary may reduce, to a minimum of forty-eight (48) hours, the required notice time period for:
a)            The nomination meetings of all constituency associations upon the issuance of writs of a general election; or
b)           The nomination meeting of a constituency association upon the issuance of a writ of a by-election for the electoral district of the constituency association.

Section 2:        

2.1          The executive of the constituency association shall ensure that notice of the nomination meeting is mailed to every individual member of the constituency association no later than fourteen (14) days prior to the date of the nomination meeting.
2.2          The executive of the constituency association shall ensure that notice of the nomination meeting is mailed to each person whose application for membership is received by the Secretary of the Party at least thirty (30) days prior to the date of the nomination meeting but whose application is received subsequent to the date on which the notice of nomination meeting was mailed. Such notice to new members shall be mailed no later than fourteen (14) days prior to the date of the nomination meeting.

Section 3:        

3.1          After an election writ has been issued, the Provincial Executive or the Secretary of the Party may waive the notice provision or abridge the time period.

Section 3:         Electoral Process

3.1          In order for an individual to be nominated as a candidate to represent the Party in a general election or by-election, the individual must be:
a)            Elected to be the nominated candidate at a nomination meeting of the constituency association in the electoral district for which the member would be the nominated candidate; and
b)           Approved by the Provincial Council.
3.2          In order for an individual to be nominated in an election to nominate a candidate, they must be:
a)            An individual member;
b)           Approved to be nominated in accordance with the rules and procedures; and
c)            Nominated by an individual member who is eligible to vote in that election.
3.3          Members may only vote at a nomination meeting if:
a)            They are an individual member who resides within the electoral district of the constituency association; and
b)           Their application for membership was received by the Provincial Secretary at least thirty (30) days prior to the date of the nomination meeting.
3.4          In the event that the name of an individual member does not appear on the membership list of a constituency association that was provided by the Provincial Secretary for a nomination meeting, it is the responsibility of that individual member to prove that they have the right to vote at the nomination meeting. The Provincial Council may determine what qualifies as proof of the right to vote.
3.5          In an uncontested election to nominate a candidate, in order for a member to be elected to be the nominated candidate, they must be approved by a majority of those present and voting.
3.6          In a contested election to nominate a candidate that is held at a nomination meeting, the member to be the nominated candidate shall be elected as follows:
a)            Eligible voters may mark a vote for only one (1) candidate on a single ballot. Not marking a vote for any of the candidates on a ballot does not spoil the ballot.
b)           If no candidate receives more than fifty percent (50%) of the valid votes cast, the candidate with the fewest votes will be removed from further rounds of balloting and a new round of balloting shall be held. 
c)            This process shall repeat until one candidate receives more than fifty percent (50%) of the valid votes cast.
d)           Once a candidate receives more than fifty percent (50%) of the valid votes cast, they are elected to be the nominated candidate.
3.7          In all contested elections to nominate a candidate, voting shall be done by secret ballot.

Section 4:        

4.1          To have the right to vote at a nomination meeting, a person must be an individual member of the Party:
a)            who resides within the constituency; and
b)           whose application for membership was received by the Secretary of the Party at least thirty (30) days prior to the date of the nomination meeting.
4.3          Where an individual member’s name does not appear on the membership list of a constituency association provided by the Secretary of the Party for the purpose of a nomination meeting, it is the responsibility of that individual member to prove that he/ she resides within the constituency and that he/she otherwise has the right to vote at the nomination meeting.

Section 5:        

5.1          Only an individual member who is eligible to vote at the nomination meeting may nominate a member to be a candidate.
5.2          Only an individual member may be nominated to be a candidate.

Section 6:        

6.1          In a contested nomination, there shall be a secret ballot to determine which member shall be endorsed as the candidate, and that member must receive more than fifty per cent (50%) of the votes cast.
6.2          In an uncontested nomination, in order for a member to become the candidate, he/ she must be endorsed by a majority of the members present and voting.

Section 7:        

7.1          The candidate selected at a nomination meeting must be endorsed by the Provincial Council before he/she becomes the Party’s official candidate.
7.2          If the Provincial Council decides not to endorse a selected candidate, the Provincial Council shall provide the constituency association and the selected candidate with a full explanation of its reason and, if requested, shall provide the selected candidate and the constituency association with a full hearing before the Provincial Council.

Section 4:         Provincial Executive to Intervene

4.1          A nomination meeting may be called and conducted in an electoral district by the Provincial Executive if, as determined by the Provincial Executive:
a)            The constituency association in that electoral district does not call and conduct a nomination meeting in a timely manner; or b)           No constituency association is functional in that electoral district.

Section 8:        

8.1          Where a constituency association fails or is unable to call a nomination meeting, or where there is no appropriate constituency association, the nomination meeting may be called and conducted by the Provincial Executive.
8.2          Where a constituency association does not nominate a candidate, the Provincial Executive may intervene to ensure that there is an official candidate.

BIFR, that Article 8 (Provincial Officers) of the Constitution of the Party be renamed “Officers” and amended to read as follows:

Proposed

Existing

Article 8: Officers

Article 8: Provincial Officers

Section 1:         Composition

1.1          The Officers of the Party shall be:
a)            The President;
b)           Six (6) Vice-Presidents, of who three (3) shall be men and three (3) shall be women;
c)            The Treasurer;
d)           The Provincial Secretary; and
e)            The Leader.

Section 1:        

1.1          
a)            The Officers of the Provincial Party elected by the Convention shall consist of: Leader; President; Six Vice-Presidents (3 female and 3 male); and Treasurer
b)           With the exception of the Leader, and the Secretary, the Officers shall be elected by Convention.
c)            The Leader shall be elected by a vote of the membership of the Party.
1.2          The Provincial Executive shall hire the Provincial Secretary. The Provincial Secretary shall be an Officer of the Party. The Executive’s decision to hire must be ratified by Provincial Council.
1.3          A member of the Federal Parliament or the Provincial Legislature may not be President or Secretary except that a President or Secretary who is elected to the House of Commons or the Legislative Assembly during his/her term of office may complete that term.
1.4          When the Leader is unable to attend meetings of Executive or of any committee of Executive to which the Leader belongs, the Leader shall have the authority to appoint a Designate to act in her/his absence. This Designate shall be counted for quorum purposes and have the same authority as the Leader to participate in decisions, except that the Designate shall not vote.”
1.5          
a)            Every member is entitled to cast a ballot for the election of the Leader.
b)           The ballots cast by Party members shall be weighted to a total of 75% of the votes counted in a Leadership election, and the balance, 25% of the votes counted in a Leadership election, shall be allocated among the affiliated members.
c)            At every regular convention that is not a leadership convention; a secret ballot vote will be held to determine whether or not a leadership election should be called. If a majority of the voting delegates supports the calling of a leadership election, such an election will be held within one year of the convention vote.
d)           The Leader will be chosen by secret ballot. Candidates for the leadership with the fewest number of weighted votes will drop off the ballot in subsequent rounds until one candidate receives a majority of the total weighted votes cast in that round. Other leadership selection procedures will be determined by Provincial Council.

Section 2:         Selection

2.1          The President, the Vice-Presidents, and the Treasurer shall be elected at each Biennial Provincial Convention.
2.2          The Provincial Secretary shall be hired by the Provincial Executive, subject to ratification by the Provincial Council.
2.3          The Leader shall be elected in accordance with the section regarding the Leader.
2.4          Neither a member of the Parliament of Canada nor a member of the Legislature may be the President or the Provincial Secretary, except that a President or a Provincial Secretary who is elected to the Parliament of Canada or the Legislature during their term of office may complete that term.

Section 3:         Election of the Leader
3.1          The Leader shall be elected at a Provincial Leadership Convention.
3.2          Every member is entitled to cast a ballot for the election of the Leader.
3.3          Voting for the Leader shall be by secret ballot.
3.4          In the election of the Leader, the ballots cast by individual members shall be weighted to a total of seventy-five percent (75%) of all valid ballots cast, and the ballots cast by affiliated members shall be weighed to a total of twenty-five percent (25%) of all valid ballots cast.
3.5          In an uncontested election of the Leader, in order for the candidate for Leader to be elected, they must be approved by a majority of those present and voting.
3.6          In a contested election of the Leader, the Leader shall be elected as follows:
a)            Except for ballots cast in advance, members may mark a vote for only one (1) candidate on a single ballot.
b)           For ballots cast in advance, members may rank as few or as many candidates as they desire. In each round of balloting, the member’s vote shall be given to the highest-ranked candidate on their ballot who has not been removed from that round of balloting.
c)            If no candidate receives more than fifty percent (50%) of the weighed votes cast, the candidate with the fewest votes will be removed from further rounds of balloting and a new round of balloting shall be held.
d)           This process shall repeat until one candidate receives more than fifty percent (50%) of the weighed votes cast.
e)            Once a candidate receives more than fifty percent (50%) of the weighed votes cast, they are elected as the Leader.
3.7          The By-laws may establish additional rules for the Provincial Leadership Convention and election of the Leader that are not otherwise specified in the Constitution, including, but not limited to, rules regarding campaign conduct, finances, and debates.

BIFR, that Article 9 (Provincial Executive) of the Constitution of the Party be amended to read as follows:

Proposed

Existing

Article 9: Provincial Executive

Section 1:         Composition

1.1          The Provincial Executive shall be composed of the following:
a)            The Officers;
b)           One (1) man and one (1) woman from each of the Regional Caucuses, to serve as the Region Representatives;
c)            Three (3) men and three (3) women, to serve as members-at-large; and
d)           The two (2) co-chairs of each special section and equity committee.
1.1          No more than five (5) members of the Executive shall be members of the Parliament of Canada or members of the Legislature.

Section 1:        

The Provincial Executive shall consist of:
1.1          Provincial Officers.
1.2          Nine women and nine men, no more than five of whom shall be Members of Parliament or Members of the Legislative Assembly at the time of their nomination to the Provincial Executive. Of the nine women and nine men, six women and six men shall be elected on a regional basis. The Provincial Council may determine the boundaries of the regions.
1.3          The Co-Chairs of all Special Sections and Equity Committees recognized in Article 11.

Section 2:         Authority

2.2          The Provincial Executive shall be the governing body of the Party between meetings of the Provincial Council, subject to the limits set out by the Constitution and the By-laws.

Nil

Section 3:         Duties

3.1          The duties of the members of the Provincial Executive shall be set out in the By-laws, except those duties as required by the Constitution.

Nil

Section 4:         Election

4.1          In an election of the Provincial Executive at a Provincial Convention, the members of the Provincial Executive shall be elected by:
a)            All delegates for the Officers, excluding the Leader and the Provincial Secretary;
b)           The respective regional caucus for each of the Region Representatives;
c)            All delegates for the members-at-large;
d)           The members of the special section for each special section that does not have its own convention at which the co-chairs are elected; and
e)            The members of the equity committee for each equity committee that does not have its own convention at which the co-chairs are elected.
4.2          For positions on the Provincial Executive where men and women counterparts are elected, the men and women candidates shall be elected simultaneously but on separate ballots.
4.3          Except for special sections and equity committees, nomination for election to the Provincial Executive shall be taken from the floor.
4.4          Special sections and equity committees may specify their own method of nomination for election of their co-chairs within their governing documents, otherwise nominations for election of their co-chairs shall be from the floor.
4.5          Candidates for election to the Provincial Executive may declare their candidacy in advance of the election by submitting a completed Declaration of Candidacy for the Provincial Executive Form to the Provincial Secretary or their designate.
4.6          On the Declaration of Candidacy for the Provincial Executive Form, the information to be requested or required from the candidate intending to declare shall be specified in the By-laws.
4.7          For elections to the Provincial Executive, candidates who submit a completed Declaration of Candidacy for the Provincial Executive Form election shall be considered an officially declared candidate for the Provincial Executive.
4.8          An officially declared candidate for the Provincial Executive who declares their candidacy at least thirty (30) days prior to the election shall be entitled to submit a candidate biography that will be distributed to the registered delegates entitled to vote for that candidate. The content of the biography and the method of distribution shall be specified in the By-laws.
4.9          While candidates may communicate their support for another candidate, no official “slate” or “team” of candidates, or equivalent shall be recognized by the Party.

Section 2:        

2.1          
a)            Provincial Officers and Members-at-Large shall be elected by Convention and vacancies shall be filled by Provincial Council with the exception of Provincial Leader and Secretary.
b)           Regional caucuses, and all Special Sections and Equity Committees recognized in Article 11 of this Constitution shall choose their own representatives to Provincial Executive and shall fill vacancies as they arise.
2.2          
a)            When the position of Leader is vacant, or when the Leader has announced his or her intention to resign as Leader, the Provincial Council may elect an Interim Leader.
b)           When the Provincial Executive chooses to nominate a person for Interim Leader, it must first consult with the Party’s Caucus in the Legislative Assembly of Ontario. Nominations from the floor of Provincial Council shall also be accepted.
c)            An Interim Leader may attend and speak at all meetings of the Provincial Executive and Provincial Council but is not entitled to a vote.

Section 5:         Absences

5.1          Any member absenting himself/herself from three (3) consecutive meetings of the Provincial Executive without a reasonable excuse shall be deemed to have vacated his/her office.

Section 3:        

3.1          Any member absenting himself/herself from three consecutive meetings of the Executive without a reasonable excuse shall be deemed to have vacated his/her office.
3.2          A quorum of the Provincial Executive shall be one-third of its members.

Section 6:         Quorum

6.1          At each meeting of the Provincial Executive, one-third (⅓) of its members shall constitute quorum.

BIFR, that Article 10 (Provincial Council) of the Constitution of the Party be amended to read as follows:

Proposed

Existing

Article 10: Provincial Council

Section 1:         Authority

1.1          The Provincial Council shall be the governing body of the Party between Provincial Conventions, subject to the limits set out by the Constitution and the By-laws.
1.2          The Provincial Council shall have full authority to adopt and issue policies and statements in the name of the Party, so long as they are in conformity with, and founded upon, existing policies of the Party.

Section 3:        

3.1          The Provincial Council shall be the governing body between Conventions.
3.2          The Provincial Council shall have full authority to adopt and issue statements in the name of the Party in conformity with and based as far as possible on Convention decisions.
3.3          The Provincial Council shall have full authority to accept or reject applications for membership or affiliation, subject to the requirements of Article 4.03.

Section 2:         Occurrence and Location

2.1          The Provincial Council shall meet at least three (3) times per year.
2.2          A meeting of the Provincial Council shall be held:
a)            Upon the call of the Provincial Executive;
b)           Within eight (8) weeks, upon the written request to the Provincial Secretary, or the President in the absence of the Provincial Secretary, from at least twenty-five percent (25%) of the members of the Provincial Council; or
c)            As otherwise stated in the Constitution or the By-laws.

 

Section 2:        

2.1          The Provincial Council shall meet at least three times a year.
2.2          The Provincial Council shall meet at the call of the Executive or on the written request of twenty-five per cent (25%) or more of its members.

Section 3:         Composition

3.1          The Provincial Council shall be composed of the following:
a)            The Provincial Executive, who shall be ex officio members;
b)           Two (2) delegates elected by and from the Caucus;
c)            Two (2) delegates elected by and from the caucus of the New Democratic Party (of Canada) in the Parliament of Canada;
d)           One (1) man and one (1) woman from the executive of each constituency association of up to three hundred (300) members, and one (1) additional delegate for each further three hundred (300) members or fraction thereof;
e)            The president or vice-President of each regional council, who shall be ex officio members;
f)            Except for the ONDY, one (1) man and one (1) woman elected by and from each special section;
g)            Ten (10) delegates elected by and from the ONDY;
h)           Delegates elected by and from each recognized club of the ONDY, the number of which shall be calculated using the same method as for constituency associations;
i)             Except for the Women’s Committee, one (1) man and one (1) woman delegate elected by and from each equity committee;
j)             Eight (8) delegates elected by and from the Women’s Committee;
k)           One (1) delegate from each affiliated local or grouping of affiliated unions with a paid-up affiliated membership in Ontario of three hundred (300) or more, and one (1) additional delegate for each additional one thousand (1,000) paid-up members, to a maximum of three (3) delegates from any one local or grouping of affiliated unions;
l)             One (1) delegate from the Ontario Federation of Labour;
m)          One (1) delegate from each recognized labour council; and
n)           Each Ontario delegate to the Federal Council or Ontario member of the Federal Executive elected at a biennial convention of the New Democratic Party (of Canada) who otherwise is not a delegate to Provincial Council.
3.2          Every delegate to, and ex officio member of, the Provincial Council must be an individual member of the Party.

Section 1:        

1.1          The Provincial Council shall consist of:
a)            The Provincial Executive,
b)           Two members elected by and from the Provincial Caucus,
c)            Two members elected by and from the Federal Caucus, representing Ontario constituencies,
d)           One man and one woman from the executive of each provincial constituency association of up to three hundred members and an additional member for each further three hundred members or fraction thereof,
e)            The president or vice-president of each recognized area council,
f)            One man and one woman elected by each organization recognized under Articles 11, of this Constitution.
g)            Ten members elected by the Ontario New Democratic Youth,
h)           One member from each affiliated local or grouping of affiliated unions with a paid-up affiliated membership in Ontario of three hundred or more and an additional delegate for each additional one thousand paid-up members to a maximum of three delegates from any one local or grouping of affiliated unions,
i)             One delegate from the Ontario Federation of Labour and one delegate from each Labour Council,
j)             Eight members elected by the ONDP Women’s Committee,
k)           Each recognized youth club shall be entitled to representation on the same basis as a constituency association as set out in subsection (d) of this Article.
l)             Every delegate elected by the Ontario caucus of delegates at the Convention of the NDP of Canada to represent Ontario members who otherwise is not a delegate to Provincial Council.
1.2          Every delegate shall be an individual member of the Party in good standing.
1.3          Organizations entitled to delegates under this article shall elect or appoint alternates who will have full rights in the absence of the regular delegates.

Section 4:         Business and Process

4.1          All meetings of the Provincial Council shall have an agenda advising of the items of business.
4.2          All meetings of the Provincial Council shall have minutes recorded.
4.3          Each member of the Provincial Council shall be entitled to only one (1) vote at meetings of the Provincial Council, regardless of the number of delegate or ex officio positions held on the Provincial Council.
4.4          Meetings of the Provincial Council shall be open to all members of the Party. Individuals who are not delegates to, or ex officio members of, the Provincial Council may be given permission to speak in discussions but shall not have the right to vote.
4.5          For motions relating to the Policy Book or otherwise regarding a policy that states a belief of the Party, the Provincial Council shall only deal those which are of a topical or emergency nature. All other such motions must be submitted to a Provincial Convention.Nil

Section 5:         Quorum

5.1          At each meeting of the Provincial Council, fifty percent plus one (50% + 1) of the registered delegates and ex officio members shall constitute quorum.

Section 5:        

5.1          At each meeting of the Provincial Council, fifty per cent (50%) plus one of the registered delegates shall constitute a quorum.

Section 6:         Alternates and Absences

6.1          Bodies entitled to delegation may elect or appoint alternate delegates to the Provincial Council. In the absence of a regular delegate, the alternate delegate shall have the full rights and privileges of the regular delegate.
6.2          Alternate delegates shall be elected or appointed in an ordered list.
6.3          Any delegate to, or ex officio member of, the Provincial Council who is absent for three (3) consecutive meetings of the Provincial Council without a reasonable excuse shall be deemed to have vacated their position as a delegate or ex officio member.

Section 4:        

4.1          Any member absenting himself/herself from three consecutive meetings of the Council without a reasonable excuse shall be deemed to have vacated his/her office.

BIFR, that Article 13 (Special Sections and Equity Committees) of the Constitution of the Party be amended to read as follows:

Proposed

Existing

Article 13: Special Sections and Equity Committees

Article 11: Special Sections and Equity Committees

 

Section 1:         Establishment

1.1          Special sections and equity committees may, at the discretion of the Provincial Council, be formed and given representation at Provincial Conventions, on the Provincial Council, and on the Provincial Executive.
1.2          The creation of a special section or equity committee shall be brought to the next Biennial Provincial Convention for ratification through an amendment to this article of the Constitution.
1.3          The special sections of the Party include the:
a)            Aboriginal Section; and
b)           Ontario New Democratic Youth.
1.4          The equity committees of the Party include the:
a)            Disability Rights Committee;
b)           Ethnic Liaison Committee;
c)            Lesbian, Gay, Bisexual, Trans, Queer Committee (LGBTQ Committee); and
d)           Women’s Committee.

Section 1:        

1.1          Special Sections and Equity Committees may, at the discretion of the Provincial Council, be formed and given representation at Conventions, Councils and Executives

Section 2:        

The creation of Special Sections and Equity Committees will be brought to the next Convention for ratification.

Section 5:        

The recognized Special Sections and Equity Committees are:
5.1          Ethnic Liaison Committee
5.2          Aboriginal Section
5.3          Disability Rights Committee
5.4          
a)            Ontario New Democratic Youth
b)           All members in good standing of the New Democratic Party of Ontario who are under twenty-six (26) years of age are eligible for membership in the Ontario New Democratic Youth.
c)            one of the co-chairs will serve as the Federal Council Youth Delegate from Ontario.
5.5          ONDP Women’s Committee
5.6          Lesbian, Gay, Bi-sexual and Trans-identified Committee (LGBT)

Section 2: Membership

2.1 Only members of the Party shall be eligible for membership in a special section or equity committee.
2.2 Only members of the Party who are youth are eligible for membership in the Ontario New Democratic Youth.

Section 3:

3.1 Only members of the Party shall be eligible for membership in special sections.

Section 3:         Governance

3.1          Each special section and equity committee shall adopt a constitution to govern its affairs.
3.2          Special sections shall be autonomous in constitution and program, so long that their constitution and program are in accordance with the Constitution of the Party, the By-laws of the Party, the policies of the Party, and the direction of the Provincial Council.
3.3          The adoption or amendment of the constitution of an equity committee is subject to approval by the Provincial Council.
3.4          The following requirements shall apply to those equity committees without a constitution:
a)            All meetings shall be advertised by the Provincial Secretary, or their designate, as widely as possible to the committee’s constituents with a minimum of fourteen (14) days’ notice; and
b)           Minutes shall be taken at all meetings, including the date, the names of all those attending, and the result of any votes taken. Such minutes shall be made available to the Provincial Secretary upon request.

Section 4:        

4.1          Special Sections and Equity Committees shall be autonomous as to their Constitution and program, provided that the Constitution and program are not in conflict with those of the New Democratic Party of Ontario or the New Democratic Party of Canada.

Section 4:         Federal Delegates

4.1          One of the co-chairs of the ONDY, as decided by the ONDY, will serve as the Ontario Youth Delegate to the Federal Council of the New Democratic Party (of Canada).

In section 5 above.

BIFR, that Article 14 (Ethnic Advisory Committees) of the Constitution of the Party be amended to read as follows:

Proposed

Existing

Article 14: Ethnic Advisory Committees

Article 12: Ethnic Advisory Committees

Section 1:         Establishment

1.1          Ethnic advisory committees may, at the discretion of the Provincial Council, be formed and given representation at Provincial Conventions and on the Provincial Council.
1.2          The creation of an ethnic advisory committee shall be brought to the next Biennial Provincial Convention for ratification through an amendment to this article of the Constitution.

Section 1:        

1.1          Ethnic advisory committees of the New Democratic Party of Ontario may be recognized by resolution of Provincial Council and ratified by Convention.

Section 2:         Membership

2.1          Only members of the Party shall be eligible for membership in an ethnic advisory committee.

As part of existing section 2 below.

Section 3:         Governance

3.1          Each ethnic advisory committee shall adopt a constitution to govern its affairs.
3.2          Ethnic advisory committees shall be autonomous in constitution and program, so long that their constitution and program are in accordance with the Constitution of the Party, the By-laws of the Party, the policies of the Party, and the direction of the Provincial Council.
3.3          The following requirements shall apply to those ethnic advisory committees without a constitution:
a)            All meetings shall be advertised by the Provincial Secretary, or their designate, as widely as possible to the committee’s constituents with a minimum of fourteen (14) days’ notice; and
b)           Minutes shall be taken at all meetings, including the date, the names of all those attending, and the result of any votes taken. Such minutes shall be made available to the Provincial Secretary upon request.

Section 3:        

3.1          Each ethnic advisory committee shall be autonomous in its structure and activities provided that these are not in conflict with the constitution and program of the New Democratic Party and will be under the umbrella of the Ethnic Liaison Committee for Provincial Executive representation

Membership requirement added as section 3 above. Delegate entitlement added to the article on Provincial Conventions.

Section 2:        

2.2          Each ethnic advisory committee shall be entitled to name two delegates to Provincial Council/Convention who shall be members in good standing of the NDP.

BIFR, that Article 15 (Special Sections, Equity Committees, Area Councils, and Regional Conferences Process) of the Constitution of the Party be renamed “Regional Councils” and amended to read as follows:

Proposed

Existing

Article 15: Regional Councils

Article 13: Special Sections, Equity Committees, Area Councils, and Regional Conferences Process

Section 1:         Establishment

1.1          Through an amendment to the By-laws, constituency associations and affiliated members may form regional councils.

Section 1:        

1.1          Provincial constituency associations and affiliated organizations may, with the consent of the Provincial Council, establish area councils and organize regional conferences.

Section 2:         Governance

2.1          Each regional council shall adopt a constitution to govern its affairs.
2.2          The adoption or amendment of the constitution of a regional council is subject to approval by the Provincial Council.
2.3          The following requirements shall apply to those regional councils without a constitution:
a)            All meetings shall be advertised by the Provincial Secretary, or their designate, as widely as possible to the regional council’s constituents with a minimum of fourteen (14) days’ notice; and
b)           Minutes shall be taken at all meetings, including the date, the names of all those attending, and the result of any votes taken. Such minutes shall be made available to the Provincial Secretary upon request.
2.4          Every delegate to, or member of, a regional council must be an individual member of the Party.

Section 2:        

2.1          Each special section, equity committee, area council and regional conference shall adopt a constitution for the conduct of its business and such constitution shall be subject to the approval of the Provincial Council and shall be in accordance with this Constitution.
2.2          In the absence of a constitution the following will apply:
a)            All meetings shall be advertised as widely as possible through the Provincial Office with a minimum of fourteen days’ notice.
b)           Minutes shall be taken at all meetings, including the date, the names of all those attending and the result of any votes taken. Such minutes shall be made available to the Provincial Secretary upon request.Deleted.

Section 3:        

3.3          Each delegate to an area council or regional conference shall be elected or otherwise selected by the general membership of his/ her constituency association or affiliated organization.Included as part of new section 2 above.

Section 4:        

4.4          Every delegate to an area council or regional conference shall be an individual member of the Party in good standing.

BIFR, that Article 16 (Discipline) of the Constitution of the Party be amended to read as follows:

Proposed

Existing

Article 16: Discipline

Article 14: Discipline

Section 1:         Authority of Provincial Executive

1.1          The Provincial Executive has the right to suspend or cancel the membership of, or otherwise discipline, any member for any conduct contrary to the Constitution, the By-laws, or the principles of the Party.
1.2          The Provincial Executive has the right to suspend or dissolve committees of the Party for conduct contrary to the Constitution, the By-laws, or the principles of the Party.

Section 1:        

1.1          The Provincial Executive has the right to expel, suspend or otherwise discipline any member for any conduct contrary to this Constitution, or the principles of the Party.
1.2          When such expulsion, suspension or discipline has been undertaken it shall be subject to a final appeal and hearing before the Provincial Council.
1.3          Any member who is expelled under the terms of this Article shall be required to apply to the Provincial Executive for reinstatement.

Section 2:         Dispute Resolution

2.1          The dispute resolution process shall be undertaken in the event of a dispute among the members of:
a)            A sub-body of the Party, for which the censure, or discipline of a member with regards to their rights and privileges as a member of the Party, is sought; or
b)           A body of the Party for which the removal of a member from their position is sought.
2.2          The dispute resolution process may be initiated by the member, or members, seeking resolution to the dispute bringing the dispute to the attention of the Provincial Secretary, who will then bring the dispute to the Provincial Executive for resolution.

Section 2:        

2.1          The Provincial Executive shall be responsible for the discipline of affiliated organizations and organizations Constitutionally established within the Party and has the right to expel, dissolve, suspend or otherwise discipline such organizations for any violation of this Constitution or for acts that bring discredit to the Party.
2.2          In the event of disputes among members of bodies recognized in Articles 11, 12, or 13 involving censure, discipline, or removal from office, before any such action is taken, the issue must first be brought to the Provincial Secretary who in turn will bring it to the Provincial Executive for resolution.
2.3          When such expulsion, dissolution, suspension or discipline has been undertaken it shall be subject to a final appeal and hearing before the Provincial Council.

Section 3:         Appeal to the Provincial Council

3.1          When the Provincial Executive decides to suspend or cancel the membership of, or otherwise discipline, any member, that member may request and shall be granted a disciplinary hearing before Provincial Council.
3.2          When the Provincial Executive decides to suspend or dissolve a committee of the Party, a representative of that committee may request and shall be granted a disciplinary hearing before Provincial Council.In existing sections 1 and 2 above.

Section 4:         Reinstatement of Membership

4.4          Any individual whose membership is canceled under the terms of this article and who wishes for their membership to be reinstated shall be required to apply to the Provincial Executive for reinstatement.In section 1 above.

CA-9: Provincial Conventions

(This resolution is the last of three "housekeeping" resolutions.)Be it resolved, that sections 1 through 10 of Article 7 (Provincial Conventions) in the Constitution of the Party be deleted and the following sections inserted prior to section 11:

Proposed

Existing

Article 7: Provincial Conventions

Section 1:         Types of Provincial Conventions

1.1          There are three types of Provincial Conventions:
a)            Biennial Provincial Conventions;
b)           Special Provincial Conventions; and
c)            Provincial Leadership Conventions.Nil

Section 2:         Authority

2.1          Subject to this Constitution, a Provincial Convention shall be the highest governing body of the Party, and shall have final authority in all matters for principles, policies, constitution, and program.

Section 2:        

2.1          The Provincial Convention shall be the governing body of the provincial Party, and shall have final authority in all matters of principles, policies, constitution and program.

Section 3:         Occurrence and Location

3.1          All Provincial Conventions shall be held in locations that are accessible, and held locations that are central and accessible by regularly-scheduled public transit, motor coach, or train.
3.2          The exact date and location of a Provincial Convention shall be determined by the Provincial Council.
3.3          The Biennial Provincial Convention shall take place every two years, but not necessarily in years where a regularly-scheduled convention of the New Democratic Party (of Canada) occurs.
3.4          If a regularly-scheduled convention of the New Democratic Party (of Canada) occurs in a year when a Biennial Provincial Convention would normally take place, the Provincial Council may decide to delay the Biennial Provincial Convention until the following year.
3.5          A Special Provincial Convention shall be held within ninety (90) days upon a resolution calling for one, and which specifies the item or items of business to be brought before it, being adopted by:
a)            The Provincial Council; or
b)           Two-thirds (⅔) of constituency associations, for which the resolutions calling for a Special Provincial Convention have one or more common item or items of business to be brought before the Special Provincial Convention.
3.6          A resolution adopted by a constituency association that calls for a Special Provincial Convention may only be adopted at a general meeting.
3.7          Within multiple resolutions, the item or items of business to be brought before a Special Provincial Convention do not need to be identically-worded, and must only be regarding the same topic or issue, in order to be considered in common with each other.
3.8          A Provincial Leadership Convention shall be held in accordance with the article in the Constitution encompassing the Leader.

Section 1:        

1.1          The regular Provincial Convention shall take place every two years, at a time and place to be decided on by the Provincial Council.
1.2          The regular Provincial Convention shall not take place in the same year as the regular convention of the Federal Party.

Section 5:        

5.1          The Provincial Council may call a special Convention when it deems such necessary and shall do so if requested in writing by two-thirds of the provincial constituency associations such request must be for a specific purpose or purposes.
5.2          Authority for the provincial constituency to make such a request must be passed at a properly called provincial constituency meeting.
A special convention will only be convened for the specific purpose or purposes stated in the written request for such a convention.

Section 4:         Notice

4.1          Notice for Biennial Provincial Conventions and Provincial Leadership Conventions shall be sent not less than ninety (90) days prior to the Biennial Provincial Convention or Provincial Leadership Convention.
4.2          Notice for Special Provincial Conventions shall be sent not less than forty-five (45) days prior to the Special Provincial Convention.
4.3          Notice for Provincial Conventions shall be provided to:
a)            Delegates to the Provincial Council;
b)           Constituency associations;
c)            Members of the Caucus;
d)           Ontario members of New Democratic Party (of Canada) caucus in the Parliament of Canada;
e)            Regional Councils;
f)            Special sections;
g)            Equity committees;
h)           Ethnic advisory committees;
i)             Affiliated organizations;
j)             The Ontario Federation of Labour;
k)           Recognized labour councils; and
l)             Any other individuals or bodies entitled to delegation.

Section 3:        

3.1          At least ninety (90) days’ notice of date and place of Convention shall be given to each provincial constituency association, affiliated organization, and any other group entitled to representation.

Section 5:         Composition

5.1          The body of a Provincial Leadership Convention shall be composed of any member who chooses to register.
5.2          The body of a Biennial or a Special Provincial Convention shall be composed of delegates.
5.3          The following individuals shall be ex officio delegates at Biennial and Special Provincial Conventions:
a)            Each delegate to, and ex officio member of, the Provincial Council;
b)           Each member of the Caucus; and
c)            Each Ontario member of New Democratic Party (of Canada) caucus in the Parliament of Canada.
5.4          The following bodies shall be entitled to delegation at Biennial and Special Provincial Conventions:
a)            Constituency associations;
b)           Special sections;
c)            Equity committees;
d)           Ethnic advisory committees;
e)            Recognized clubs of the Ontario New Democratic Youth;
f)            Affiliated organizations;
g)            The Ontario Federation of Labour; and
h)           Recognized labour councils.
5.5          Each body entitled to delegation at Biennial and Special Provincial Conventions shall be entitled to, in addition to their delegates to the Provincial Council, the number of delegates as follows:
a)            For constituency associations, the size of its membership shall be rounded to the nearest multiple of twenty-five (25), for which the constituency association shall be entitled to one (1) delegate for the first twenty-five (25), and one additional delegate for each additional twenty-five (25) thereafter.
b)           For special sections and equity committees, four (4) delegates.
c)            For clubs of the Ontario New Democratic Youth, two (2) delegates.
d)           For ethnic advisory committees, two (2) delegates.
e)            For affiliated members, the number of its members for which it pays affiliation fees shall be rounded to the nearest multiple of three hundred (300), for which the affiliated organization shall be entitled to two (2) delegates for the first three hundred (300), and one (1) additional delegate for each additional three hundred (300) thereafter.
f)            For the Ontario Federation of Labour, two (2) delegates.
g)            For labour councils, one (1) delegate.
h)           Where a provincial or regional organization comprised of more than one local or branch affiliates, for the total membership in the province, it shall be entitled to one (1) delegate.
5.6          Every delegate to a Provincial Convention shall be an individual member of the Party.

 

Section 7:        

7.1          The basis of representation for the seating of delegates at Conventions shall be:
a)            All members of the Provincial Council.
b)           Each provincial constituency association shall be entitled to one delegate for the first 25 members or any portion thereof, and one additional delegate for each additional 25 members or major fraction thereof. Such delegates shall be elected at a general membership meeting of the provincial constituency association. To have the right to be a delegate, and to have the right to vote in the election of delegates, a person must be an individual member of the Party whose application for membership was received by the Secretary of the Party at least thirty (30) days prior to the date the delegates are elected. A member may vote in the election of delegates in only one constituency association.
c)            Each affiliated organization is entitled to representation according to the number of its members for which it pays affiliation fees, namely two delegates for the first 100 members or any portion thereof, and one additional delegate for each additional 300 members or major fraction thereof. Such delegates shall be members of the affiliated organizations or the parent organization to which the affiliated organization belongs.
d)           Delegates from organizations recognized under Articles 11 and 12 of this Constitution shall be entitled to representation on the same basis as provincial constituency associations subject to a maximum of four (4) delegates. For purposes of this subsection, to be counted for the purpose of establishing the number of delegates to which the organization is entitled, a member of any such organization shall be a member in good standing of the ONDP who has signed a declaration that s/he is an active member of such organization and such declaration has not been revoked. Such declarations shall be forwarded to the Secretary of the Party and must be received by the Secretary at least thirty (30) days prior to the day the delegates are elected.
e)            Where a provincial or regional organization comprised of more than one local or branch affiliates for the total membership in the province, it shall be entitled to one delegate.
f)            All members of the Party’s Caucus in the Provincial Legislature and Ontario members of the Party’s Caucus in the Federal Parliament shall be seated as delegates.
g)            Central bodies, specifically local Labour Councils, union councils, and the Ontario Federation of Labour, which are not eligible for direct affiliation to the Party, but undertake to accept and abide by the constitution and principles of the Party and have been recognized by the Executive of the Provincial Party, shall be entitled to representation as follows: one delegate from each such central local body and two delegates from the Ontario Federation of Labour.
h)           Each recognized youth club shall be entitled to representation at the Convention on the same basis and in the same manner as each constituency association. To be a delegate or to be counted for the purpose of establishing the number of delegates to which a recognized youth club is entitled, a member shall be a member of good standing in the ONDP who is eligible to be a member of ONDY pursuant to Article 11.05 (4) (b) of this Constitution and shall be a member of that youth club in accordance with the ONDY constitution. For purposes of delegate entitlement a member may be counted as well in the constituency association in which he or she is entitled to be counted as well in the constituency association in which he or she is a member in accordance with Article 7.07 (b).

Section 8:        

8.1          Every delegate to a Convention shall be an individual member of the Party in good standing.Addressed in the next resolutions.Sections 4, 6, 9 , 10

BIFR, that Section 6 (Business and Process) of Article 7 (Provincial Conventions) in the Constitution of the Party be amended to insert the following text at beginning of the section:

Proposed

Existing

Article 7: Provincial Conventions

Section 6:         Business and Process

6.1          The business of a Biennial Provincial Convention shall include:
a)            Annual reports of:
i)             The President;
ii)           The Provincial Secretary;
iii)          The Treasurer; and
iv)          The Leader;
b)           Consideration of resolutions;
c)            Election of the Provincial Executive, excluding those positions that are specified to be elected other than at a Biennial Provincial Convention; and
d)           The Leadership Confidence Vote.
6.2          Voting in the Leadership Confidence Vote shall be by secret ballot. For the Leadership Confidence Vote, the following question shall but put to the plenary of the Provincial Convention without debate or amendment: “Shall a Provincial Leadership Convention be held within one (1) year to elect a new Leader of the New Democratic Party of Ontario?” If a majority of those present and voting vote in the affirmative, a Provincial Leadership Convention shall be held within one (1) year to elect a new Leader, in accordance with the article in the Constitution regarding the Leader.
6.3          The business of a Special Provincial Convention shall be the item or items of business for which the Special Provincial Convention was called.
6.4          The business of a Provincial Leadership Convention is to elect a new Leader.

Section 6:        

6.1          The provincial Party shall adopt such rules and regulations as it deems necessary for the conduct of its business, but in all matters not governed by these rules and regulations, Robert’s Rules of Order shall govern.

6.5          The By-laws may provide additional governance of the delegate selection process, election of Provincial Executive, and other rules of order for Provincial Conventions. Amendments to the By-laws made within the ninety (90) days prior to a Provincial Convention shall not be in effect for that Provincial Convention.

BIFR, that Article 7 (Provincial Conventions) of the Constitution of the Party be amended to insert the following text at the end of the article:

Proposed

Existing

Article 7: Provincial Conventions

Section 9:         Fees

9.1          Registration fees for Provincial Conventions shall be determined by the By-laws.

Section 4:        

4.1          Registration fees for delegates to Conventions shall be determined by the Provincial Council.

Section 10:      Resolutions

10.1       There are five (5) types of Provincial Convention resolutions:
a)            Constitutional amendments;
b)           By-law adoptions and amendments;
c)            Directives;
d)           Policy Resolutions; and
e)            Statements.
10.2       Resolutions for consideration at a Provincial Convention may be submitted by the following bodies entitled to delegation:
a)            The Provincial Executive;
b)           The Provincial Council;
c)            Constituency associations;
d)           Regional councils;
e)            Special sections;
f)            Equity committees;
g)            Ethnic advisory committees;
h)           Clubs of the Ontario New Democratic Youth; and
i)             Affiliated organizations.
10.3       For bodies of the Party, resolutions to a Provincial Convention shall be passed at general meeting or council meeting, or equivalent with regards to notice and participation, of the body submitting the resolution.

Section 9:        

9.1          Resolutions or constitutional amendments may be submitted by provincial constituency associations, area councils, affiliated organizations, Provincial Executive, Provincial Council, regional conferences, recognized ONDY clubs or Special Sections and Equity Committees (Article 11), and recognized ethnic advisory committees (Article 12).
9.2          Resolutions to Provincial Council and Convention shall be passed at an Annual or General Meeting or Conference of the committee.
9.3          The deadline and procedure for submitting such resolutions or constitutional amendments shall be as determined by the Provincial Executive before each Convention.

Section 11:      Quorum

11.1       At each Biennial and Special Provincial Convention, one-third (⅓) of the registered delegates shall constitute quorum.

Section 10:     

10.1       At each Provincial Convention one-third of the registered delegates shall constitute a quorum.

N.B. With the adoption of the above resolutions on the article on the Provincial Convention, the sections of the article will be the following:

Types of Provincial ConventionsAuthorityOccurrence and LocationNoticeCompositionBusiness and ProcessDelegate SelectionDelegate PoolFeesResolutionsQuorum

New Structure of the Constitution

As a result of the new articles in the Constitution of the Party and the re-arrangement of the existing articles, the new structure of the Constitution would be as follows:

NewOldInstitution

NameEstablishment

PrinciplesInterpretation and Rules of Order

DefinitionsParliamentary AuthorityAppealsAnti-Harassment PolicyGender IdentityRegional Caucus Membership

Amendment

Process

Individual Membership

Administration of Individual MembershipsEligibility and RequirementsFeesApplication for Individual MembershipRenewalsIndividual Membership PeriodVoting Age

Affiliated Organizations

Administration of Affiliated MembershipsEligibility and RequirementsFeesApplication for Affiliated MembershipIndividual Opt-out within the Organization of an Affiliated Member

Provincial Conventions

Types of Provincial ConventionsAuthorityOccurrence and LocationNoticeCompositionBusiness and ProcessDelegate SelectionDelegate PoolFeesResolutionsQuorum

Officers

CompositionSelectionElection of the Leader

Provincial Executive

CompositionAuthorityDutiesElectionAbsencesQuorum

Provincial Council

AuthorityOccurrence and LocationCompositionBusiness and ProcessQuorumAlternates and Absences

Constituency Associations

EstablishmentMandateMembershipGovernanceCommunity Clubs

Nominations of Candidates

GovernanceNotice of Nomination MeetingsElectoral ProcessProvincial Executive to Intervene

Special Sections and Equity Committees

EstablishmentGovernanceFederal Delegates

Ethnic Advisory Committees

EstablishmentMembershipGovernance

Regional Councils

EstablishmentGovernance

Discipline

Authority of Provincial ExecutiveDispute ResolutionAppeal to Provincial CouncilReinstatement of Membership

By-laws

AuthorityEstablishment

NamePrinciplesIndividual MembershipAffiliated OrganizationsConstituency AssociationsNomination MeetingsProvincial ConventionsProvincial OfficersProvincial ExecutiveProvincial CouncilSpecial Sections and Equity CommitteesEthnic Advisory CommitteesSpecial Sections, Equity Committees, Area Councils and Regional Conferences ProcessDisciplineInterpretation and AmendmentsBy-laws

Questions?

If you have any questions relating to these resolutions or the process for constitutional amendments at the Provincial Convention, please email Constitution Committee Co-Chair Paul Cyr at: constitution@on.ndp.ca.

 

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