Election Procedures

While our current by-laws don’t give a lot of details about specific procedures, the Ontario Co-operative Corporations Act (principally Sections 90 and 91) covers elections. And we must follow that legislation. (We do have procedures we have used since the very beginning, based on the legislation. See below.)

Article III of Woodsworth’s current Organizational By-Law says:

14. Voting: A member of the Cooperative has only one (1) vote. All questions proposed for the consideration of the members at a meeting shall be determined by a majority of votes cast and the Chairman presiding at the meeting has a second or casting vote in the case of an equality of votes.

And Article IV of our current Organizational By-Law says:

6. Election and Removal:

(a) Directors shall be elected yearly by the members in general meeting by ballot…Every member entitled to vote at an election of directors, if he votes, shall cast thereat a number of votes equal to the number of directors to be elected, and the member shall distribute the votes among the candidates in such a manner as he sees fit, but no candidate shall receive more than one (1) vote from each member.

And Article IV, Section 3 outlines the qualifications for directors. The Co-operative Corporations Act says the same in 89 (1-2).

There is more detail about election processes in the Co-operative Corporations Act (Ontario).

Candidates must be there or must have agreed to run for election:

Section 89, Consent
(3) A person who is elected or appointed a director is not a director unless,

(a) the person was present at the meeting when he or she was elected or appointed and did not refuse at the meeting to act as director;

(b) where the person was not present at the meeting when he or she was elected or appointed, the person consented to act as director in writing before his or her election or appointment or within ten days thereafter. R.S.O. 1990, c. C.35, s. 89 (3).

Who can vote and how:
91 (1) is the same – vote for the same number of members as there are vacant spaces and no more than one vote for each candidate by a member.

You must be there to vote, since we are a non-profit housing co-operative:

Meeting by electronic means
(3) If the by-laws of a co-operative, other than a non-profit housing co-operative, so provide, a meeting of the members of the co-operative may be held by telephonic or electronic means and a member who, through those means, votes at the meeting or establishes a communications link to the meeting is deemed for the purposes of this Act to be present at the meeting. 2009, c. 34, Sched. F, s. 1.

Voting
76 (1) A member of a co-operative has only one vote. R.S.O. 1990, c. C.35, s. 76 (1).

Election of directors
90 (1) The directors shall be elected by the members in general meeting, and the election shall be by ballot in the manner prescribed by section 91.

Voting for directors
91 (1) Every member entitled to vote at an election of directors, if the member votes, shall cast at the election a number of votes equal to the number of directors to be elected, and the member shall distribute the votes among the candidates in such manner as the member sees fit, but no candidate shall receive more than one vote from each member. R.S.O. 1990, c. C.35, s. 91.

Proxies prohibited
(2) Subject to subsection (3), no member of a co-operative shall vote by proxy. R.S.O. 1990, c. C.35, s. 76 (2).

Woodsworth has a procedure that the co-op and the Elections Committee has been using for years, based on the Ontario legislation and on our by-laws. This has been working well since our first elections in 1979.

The good news is that the model Organizational By-Law currently being reviewed by the By-Law Committee puts all of this in clearer and friendlier language!

Election Procedures (1998 version)

1.  Returning Officer
YOU MUST BE VOTED IN AS CHIEF RETURNING OFFICER

THERE SHOULD BE A REPORT FROM THE NOMINATING COMMITTEE.

2.  ballots:there should be someone at the door to give out ballots to all members.

Very important:  IF THE VOTING HAS STARTED, THE MEMBER MUST RECEIVE ONLY BALLOTS FOR POSITIONS FOR WHICH NOMINATIONS PROCEDURE HAS NOT FINISHED.

3.  Give members an overview of election procedure

–  members should have ballots and the candidate profiles of declared candidates

–  ballots were picked up at the door

–  latecomers will be given ballots only for those positions that have not been voted on already

–  some members have already agreed to stand for election

–  meeting  will be accepting nominations from the floor for the Board and for each committee

–  members will be given an opportunity to read  or re-read the candidate profiles from previously declared candidates before  marking ballots

–  members will be given an opportunity to mark ballots for each committee before the next nomination

–  ballots will be deposited in the ballot boxes at the end of the whole election

– in other words, after members have marked ballots, keep it until we are finished electing all the committees and the Board.

MARKING YOUR BALLOTS

– no proxy voting is allowed

– you can put the first name or last name

– names are written for the members, if possible

– MEMBERS MUST CHOOSE AS MANY NAMES AS THERE ARE POSITIONS OPEN.  For example, you must choose five names for the membership committee this year.

– each name must appear on your ballot only once.

– if you do not choose the full number of names to fill the positions on the committee, your ballot will be spoiled and not counted.

– ask “Are there any questions?”

4.  NOMINATIONS

– do 1 committee at a time – use the order below, not the order on the agenda

– read out the names of those already running for that committee – tell how many are needed

– tell them which slip is to be used

– emphasize the colour and repeat everything slowly

– call for nominations from the floor

– call slowly three (3) times

– if anyone is nominated, ask if the person agrees to stand

– if the person nominated is not there and there is no written agreement to stand, the name cannot be accepted.

– if the person agrees to stand, the name will be added to the chalkboard list

– after 3 calls, declare nominations for the ————————— (committee) closed.

5. VOTING

Acclamation –

If the number of candidates matches the number needed, no election is held – the candidates are acclaimed.  NOTE: if one position is for 1 year, the elected candidates themselves will decide who will be the 1 year person.

If an election is necessary –

– ask the candidates to come to the front

– introduce them slowly so that members can put familiar faces together with names

– give the members time to read any blurbs.

– ask the candidates if they wish to speak for up to 1 minute.

Board members will speak or read their blurb for up to 2 minutes.

– there should be a time keeper for speakers.

– remind them about spoiled ballots and the correct colour

– remind them which committee they are voting for now

– give them enough time to read and write the names – make sure they know the names of the candidates

– get a sense if they are finished, then go on to the next committee

– ballots are collected at the end of the elections

6. Finishing up

– ASK FOR A MOTION TO DESTROY THE BALLOTS IN 24 hours.  (after the meeting, someone responsible (not a candidate) should take charge of the ballot boxes.  SECONDED AND VOTE.

– AT THE END OF THE ELECTION, give them a few minutes to put the ballots in the boxes.

– Ask for volunteers to count (not candidates) and go to another room with the ballot boxes.

7. REPORTING THE RESULTS

– successful candidates will be listed alphabetically without any indication of the number of votes for each candidate

– ballots will be kept for 24 hours before they are destroyed

– PLEASE GIVE THE RESULTS TO THE SECRETARY OR CHAIR OF THE MEETING AND PUT A COPY IN THE WEEKLY BOX.

– normally results are announced at the get-together after the meeting.

Finding Stuff on the Website

A tipsheet on finding information on our website. For mobile use, see below.

using the coop website tip sheet march 2018

If you are using a cellphone, the content will all be there but organized a bit differently. The same is true for an iPad if held vertically.

The navigation menu will be at the bottom of the screen. Scroll down. Or better yet, click on Menu to display it first, in a list, rather than a horizontal menu.

And a bonus! You can find the Weekly by month and year using the date picker, the bottom item on  sidebar.

Don’t forget, members can sign up to receive an email whenever something new is posted on our website.

 

Tenant Insurance

Tenant insurance offers benefits to members by paying for temporary accommodation and replacing damaged property in the event of a fire, flood, theft or other catastrophe.

Attached is a document outlining the insurance coverage offered by Cooperators. 

Tenants Quick Reference Coverage Chart

Cooperators tenant insurance

Housing Services Corporation, a non-profit organization which offers services in the social housing sector, also offers similar insurance. It may be cheaper.
http://www.hscorp.ca/our-programs-and-services/insurance/

For more information about HSC’s insurance, see this document.

Tenant Insurance Program

Ontario’s Apology Act

At a human rights workshop in the co-op, we learned that Ontario has an Apology Act, which came into force in Ontario on April 23, 2009. It allows us to express sorrow or regret without worrying that the comments can later be used against us in a civil lawsuit.

Yes, that means that you can say you are sorry, and this apology can’t be used to prove you are responsible for whatever you apologized for.
An apology:
• is not an admission of liability,
• does not void or impair an insurance contract, and
• is not taken into account in determining liability

But don’t admit liability. If you run into someone else’s car, you can say you are terribly sorry that this happened, but don’t say it was all your fault.  An admission of liability is still an admission of liability.

An apology is often key to the healing process; it can promote accountability and transparency and shorten or avoid litigation.

Here’s the legislation:

Apology Act, S.O. 2009, c3.
Consolidation Period: From April 23, 2009 to the e-Laws currency date. No Amendments.

Definition

1. In this Act,

“apology” means an expression of sympathy or regret, a statement that a person is sorry or any other words or actions indicating contrition or commiseration, whether or not the words or actions admit fault or liability or imply an admission of fault or liability in connection with the matter to which the words or actions relate. 2009, c. 3, s. 1.

Effect of apology on liability

2. (1) An apology made by or on behalf of a person in connection with any matter,

(a) does not, in law, constitute an express or implied admission of fault or liability by the person in connection with that matter;

(b) does not, despite any wording to the contrary in any contract of insurance or indemnity and despite any other Act or law, void, impair or otherwise affect any insurance or indemnity coverage for any person in connection with that matter; and

(c) shall not be taken into account in any determination of fault or liability in connection with that matter. 2009, c. 3, s. 2 (1).

Exception

(2) Clauses (1) (a) and (c) do not apply for the purposes of proceedings under the Provincial Offences Act. 2009, c. 3, s. 2 (2).

Evidence of apology not admissible

(3) Despite any other Act or law, evidence of an apology made by or on behalf of a person in connection with any matter is not admissible in any civil proceeding, administrative proceeding or arbitration as evidence of the fault or liability of any person in connection with that matter. 2009, c. 3, s. 2 (3).

Exception

(4) However, if a person makes an apology while testifying at a civil proceeding, including while testifying at an out of court examination in the context of the civil proceeding, at an administrative proceeding or at an arbitration, this section does not apply to the apology for the purposes of that proceeding or arbitration. 2009, c. 3, s. 2 (4).

Criminal or provincial offence proceeding or conviction

3. Nothing in this Act affects,

(a) the admissibility of any evidence in,

(i) a criminal proceeding, including a prosecution for perjury, or

(ii) a proceeding under the Provincial Offences Act; or

(b) the use that may be made in the proceedings referred to in subsection 2 (3) of a conviction for a criminal or provincial offence. 2009, c. 3, s. 3.

Acknowledgment, Limitations Act, 2002

4. For the purposes of section 13 of the Limitations Act, 2002, nothing in this Act,

(a) affects whether an apology constitutes an acknowledgment of liability; or

(b) prevents an apology from being admitted in evidence. 2009, c. 3, s. 4.

5. Omitted (provides for coming into force of provisions of this Act). 2009, c. 3, s. 5.

6. Omitted (enacts short title of this Act). 2009, c. 3, s. 6.

Source:  https://www.ontario.ca/laws/statute/09a03