Constitution & Bylaws
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January 31, 2024
At the 2024 AGM held on January 25, 2024, the following two bylaw amendments were passed:
1. Special Resolution S-1: Conflict of Interest
BE IT RESOLVED that Part 1 Interpretation and Part 2: 2.4 of the BCPSEA Bylaws be amended to include common law conflict of interest, as such:
Part 1, Interpretation, add:
“conflict of interest” means any of the following circumstances, as determined by the Board:
a. where a trustee has a direct or indirect pecuniary interest, within the meaning of the School Act, in respect of teacher or support staff collective bargaining or in respect of the administration of a teacher or support staff collective agreement
b. where a conflict of interest exists at common law for a trustee in respect of teacher or support staff collective bargaining or in respect of the administration of a teacher or support staff collective agreement
Adjust PART 2 Members to:
2.4 No person in a conflict of interest is eligible:
a. to be elected to the Board of Directors of the Association
b. to represent a member at any general meeting of the Association
c. to represent a member at any other function of the Association.
2. Special Resolution S-2: Voting Process
BE IT RESOLVED that the following BCPSEA Bylaws be amended to deal effectively with the voting process and spoiled ballots during the election of new Trustee Board members to the BCPSEA Board.
Part 1, Interpretation, add to 1.1:
“valid vote” means a vote that is not spoiled as per Elections Canada guidelines for rejecting ballots.
Bylaw amend to:
7.14 Elections for Trustee Directors shall be conducted as follows:
a. If there is more than one candidate on the ballot for a regional grouping, there shall be a contested election;
b. If there are more than four candidates on the first ballot, the four candidates with the greatest number of valid votes on the first ballot shall advance to a second ballot;
c. If there are three or four candidates on the first ballot, the candidate with the least number of valid votes shall be dropped from the list of candidates for the succeeding ballot;
d. On the second ballot and any subsequent ballots, the candidate with the least number of valid votes shall be dropped from the list of candidates for the succeeding ballot. This process shall continue until a candidate receives 50 percent plus one of all valid votes cast in the ballot.
7.15 The Chair shall announce the results after each ballot round by stating the number of valid votes cast for each eligible candidate.
February 2, 2023
BCPSEA’s 29th Annual General Meeting (AGM) was held January 26-27, 2023. At the AGM, three special resolutions and an ordinary resolution were debated and carried:
Special Resolution S-1 submitted by BC Public School Employers’ Association
Vice Chair Term
BE IT RESOLVED that Part 7, 7.11 and Schedule 3 of the BCPSEA Bylaws be amended so that the election cycle of a Vice Chair will be on a three-year term, as identified in the bylaws for the Chair and Directors.
Special Resolution S-2 submitted by BC Public School Employers’ Association
Add electronic voting
BE IT RESOLVED that Schedule 2: 2.11 of the BCPSEA bylaws be amended to add electronic voting as an option for collective agreement approval or rejection.
Special Resolution S-3 by BC Public School Employers’ Association
Housekeeping
BE IT RESOLVED that Schedule 3, 3.2 of the BCPSEA Bylaws be amended to modify regional grouping names to include the standard (-).
BE IT RESOLVED that the Ministry of Education is now the Ministry of Education and Child Care and BCPSEA Bylaws will be updated to reflect the change in name.
BE IT RESOLVED that section 5.3 of the BCPSEA bylaws be amended to include the wording in red (underlined):
The Representative Council shall be comprised of the Board of Directors and one Representative from each Board of Education as named to the Association under Bylaw 2.3.
BE IT RESOLVED that section 6.8 of the BCPSEA bylaws be removed because the information is a duplicate to section 6.6.
BE IT RESOLVED that section 6.9 of the BCPSEA bylaws be moved up to become section 6.7 to improve readability and flow.
BE IT RESOLVED that section 6.13 of the BCPSEA bylaws be moved up to become section 6.9 to improve readability and flow.
BE IT RESOLVED that section 6.14 of the BCPSEA bylaws be amended to include the wording in red (underlined):
A general meeting may be adjourned from time to time and from place to place, but no business shall be transacted at the continuation of an adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
BE IT RESOLVED that section 9.16 of the BCPSEA bylaws be amended to remove the wording in red (underlined):
A Director who may be absent temporarily from British Columbia may, by notice to the Association, waive the right to receive notice of any Directors meeting or meeting of a committee of the Directors and may at any time withdraw the waiver, and until the waiver is withdrawn:
Ordinary Resolution O-1 submitted by School District 42 (Maple Ridge-Pitt Meadows)
BE IT RESOLVED that Schedule 3, 3.2 of the BCPSEA Bylaws be amended as follows: that School District 42 (Maple Ridge-Pitt Meadows) be moved from the Fraser Valley Employer Regional Grouping to the Metro Employer Regional Grouping.
April 26, 2022
BCPSEA’s 28th Annual General Meeting (AGM) was held January 27-28, 2022. At the AGM, two special resolutions were debated and carried:
Special Resolution S-1 submitted by School District No. 35 (Langley)
BE IT RESOLVED that Schedule 3, 3.2 of the BCPSEA Bylaws be amended as follows: that SD 35 (Langley) be moved from the Fraser Valley Employer Regional Grouping to the Metro Employer Regional Grouping
Special Resolution S-2 submitted by BC Public School Employers’ Association
BE IT RESOLVED that the BCPSEA bylaws be amended as follows to reflect the school district name changes as approved by the Provincial Government:
- To change SD No. 70 from Alberni to Pacific Rim
- To change SD No. 73 from Kamloops/Thompson to Kamloops-Thompson
Both special resolutions required changes to the BCPSEA Bylaws. They have been approved by the Minister of Finance (responsible for the Public Sector Employers Act). BCPSEA has filed an updated copy of the BCPSEA Bylaws as required by the Societies Act.
November 15, 2021
At the 2021 BCPSEA Annual General Meeting held January 28, 2021, a resolution was passed to review BCPSEA director election structures (Resolution O-1). The BCPSEA Board of Directors convened a Trustee Director Election Review Committee to address Resolution O-1.
The Trustee Director Election Review Committee conducted a survey of all 60 school districts. All 60 boards of education responded, and nearly 77% indicated they prefer to keep the current governance structure. The results were shared with the BCPSEA Board of Directors. The Board of Directors determined they will not be bringing forward a recommendation to change the bylaws to the 2022 AGM.