(applies to all MBA Branch Sections)
1. Limitation
Every MBA Branch Section shall operate in compliance with Parts A and B of this Sections Charter,
the Section terms of reference, and all bylaws, regulations, policies and procedures adopted by the
Branch.
2. Branch Section Executive
(a) A MBA Branch Section Executive Committee, responsible to the Branch Executive and
the MBA Branch Section members, shall administer the Branch Section.
(b) The MBA Branch Section Executive Committee shall consist of:
i. The Chair/Co‐Chair of the MBA Branch Section
ii. Any additional officers authorized by the Branch Executive
iii. Any additional named positions or members‐at‐large authorized by the Branch
Executive to assist with the administration of the Section.
(c) Only MBA Branch Section Members are eligible to serve on a MBA Branch Section
Executive Committee.
(d) The MBA Branch Section Executive Committee may designate a Student member of the
Association who is a Section member only to a member‐at‐large position.
3. Officer Duties
MBA Branch Section Executives may have various Officers. The duties of the Officers are:
(a) Chair/Co‐Chair – presides at the meetings of the Branch Section; oversees the
performance of all activities of the Section; cooperates with the Chairperson of the
Association Section in matters of business of the Association Section and with the
Branch in matters of Provincial concern; attend, if possible, meeting of Branch Council;
and, exercises any other powers and duties usually associated with the office.
(b) Vice‐Chair (if applicable) – assists the Chair in the performance of the responsibilities of
that office, acts for the Chair in the Chair’s absence or inability to act, and exercises any
other duties that the Chair designates.
(c) Secretary (if applicable) – takes minutes of the business transacted at any meeting of
the Branch Section, the Officers and the Executive Committee, and exercises any other
duties that the Chair designates.
(d) Immediate Past Chair (if applicable) – assists the Chair and the Vice‐Chair in the
performance of their duties as they may request.
(e) Members‐at‐Large (if applicable) – assist with the administration of the Branch Section.
4. MBA Branch Section Executive Committee Duties
(a) The MBA Branch Section Executive Committee shall initiate and be responsible for
Branch Section activities, liaise with the corresponding National Section as appropriate,
and ensure that the Executive Committee, the Branch Section and all of its activities
comply with this Charter.
(b) The MBA Branch Section Executive Committee shall provide a written report to the
Annual Meeting of the Branch. The report should describe the activities of the Branch
Section undertaken since the date of the last annual report. A copy of the annual report
is to be sent to the Branch Executive Director at least 14 days prior to the Annual
meeting of Branch Council.
(c) The MBA Branch Section Executive Committee is expected to attend Branch Section
meetings and any Section Orientation programs presented by the Branch to which they
are invited.
5. Term of Office
(a) The term of office for each position on the MBA Branch Section Executive Committee
shall be determined by the Branch Section Members.
(b) Unless authorized by the Branch Executive, no person may be elected or serve on the
MBA Branch Section Executive Committee for more than six consecutive years.
(c) The term of office commences on September 1 and terminates on August 31.
6. Nominations and Elections
(a) The MBA Executive Director or designate shall notify each Branch Section member of
the MBA Branch Section Executive Committee positions open for nomination in the
coming year and the requirements and method for nomination.
(b) Only Branch Section members in good standing shall be eligible to stand for nomination.
(c) Nominations will open on May 1st.
(d) Nominations shall close no earlier than 30 days after nominations open. Nominations
shall not be accepted following the close of nominations.
(e) All nominations received from Section members that meet the requirements in the call
for nominations shall be included in the list of candidates for the relevant position.
(f) If more than one nomination is received, the election shall be conducted by ballot under
the following rules:
i. Only members enrolled in the Section when the ballots and candidate information
are distributed are entitled to vote.
ii. Ballots shall be distributed to Branch Section members along with information
about each candidate.
iii. Ballots may be sent and returned by mail, electronic means or hand.
iv. The date for return of ballots shall be at least 15 days from the date they are sent.
v. Proxies are not permitted in any election.
vi. Only ballots received by the date specified in the ballot shall be counted.
vii. The candidate with the greatest number of votes for a position shall be elected for
that position. In the case of a tie, the Immediate Past Chair (or other Officer
determined by the MBA Branch Section Executive Committee before the election)
shall cast the deciding vote.
viii. Elections shall be completed by June 30.
ix. The Branch staff shall notify Section Members of the outcome of the election by July 15.
x. If a date referred to in this article falls on a weekend or statutory holiday, the date
shall be the first following business day.
7. Representation
The Branch Executive and MBA Branch Section Executive Committee shall strive to ensure that the
MBA Branch Section Executive Committee represents the diversity of the legal profession and the
demographics and regional composition of the Branch Section’s membership. A Section may
establish additional criteria to meet its unique needs, subject to approval by the Branch Executive.
8. Office Vacancy
(a) If the position of the Chair/Co‐Chair becomes vacant for any reason, it shall be filled by
the Vice‐Chair. If the Vice‐Chair is unable to become the Chair/Co‐Chair and if the other
MBA Branch Section Executive Committee members are unable to become Chair/Co‐
Chair, the Branch Staff shall notify each Branch Section member of the vacancy and call
for nominations.
(b) Where any other MBA Branch Section Executive Committee positions becomes vacant
for any reason, the remaining MBA Branch Executive Committee members may
determine by majority vote to fill that position with another member of the MBA Branch
Section Executive or leave it vacant.
(c) A MBA Branch Section Executive Committee member so elected shall serve until the end
of that fiscal year. If the MBA Branch Executive Committee member is elected on or
before six months after the first day of the fiscal year, the period from the election to the
end of the fiscal year shall count as one year in determining the term of office.
9. Removal from MBA Branch Section Executive Committee
(a) A MBA Branch Section Executive Committee member whose membership in the
Association or the Section lapses shall cease to be a MBA Branch Section Executive
Committee Member, cannot attend any Section or MBA Branch Section Executive
Committee meetings or Section activities or events, and is not eligible to run in Section
elections until their membership is reinstated.
(b) The Branch Executive may remove any MBA Branch Section Executive Committee
member who violates the MBA Code of Conduct for Respectful Working Relationships or
the MBA Harassment & Violence Prevention Policy.
(c) The Branch Executive may remove any MBA Branch Section Chair/Co‐Chair for lack of
Section activity or take such other actions as it may deem appropriate in its own
discretion.
10. MBA Branch Section Executive Committee Meetings
(a) The MBA Branch Section Executive Committee may meet in person, by means of a
telephonic, electronic or other communications facility that permits all persons
participating in the meeting.
(b) Notice of the time, place, and general purpose of a meeting shall be sent to each MBA
Branch Section Executive Committee member at least five business days before the
meeting. In the event of an emergency, notice may be sent one business day before the
meeting. The notice period can be waived on agreement of all MBA Branch Section
Executive Committee members.
(c) The MBA Branch Section Executive Committee may invite Section members and
Affiliates to attend MBA Branch Section Executive Committee meetings as guests from
time to time, subject to applicable Branch policies and procedures.
11. MBA Branch Section Executive Quorum
A majority of the MBA Branch Section Executive Committee members constitutes a quorum for the
transaction of business at any MBA Branch Section Executive Committee meeting. Business
transacted at a meeting without quorum shall be presented to the next MBA Branch Section
Executive meeting for further discussion and for ratification.
12. Executive Decisions
The MBA Branch Section Executive Committee shall make efforts to achieve consensus on its
decisions. If consensus cannot be achieved, decisions shall be by majority vote of the MBA Branch
Section Executive Committee members present at a meeting. The presiding MBA Branch Section
Executive Chair does not vote except in the case of a tie, to cast the deciding vote.
13. MBA Branch Section Executive Agenda
The agenda of a MBA Branch Section Executive Committee meeting shall consist of matters that the
Chair determines and that any MBA Branch Section Executive Committee member requests the Chair
to include.
14. MBA Branch Section Committees
(a) The MBA Branch Section Executive Committee may establish Committees with an
ongoing or ad hoc mandate as may be deemed necessary and desirable to promote the
purpose and goals of the Section or to assist the MBA Branch Section Executive
Committee in the orderly management of the affairs of the Section.
(b) Committees of the Section shall:
i. be comprised only of Section Members and Affiliates;
ii. be chaired or co‐chaired by a MBA Branch Section Executive Committee Member;
iii. report and be accountable to the MBA Branch Section Executive Committee;
iv. be subject to rules the MBA Branch Section Executive Committee sets for them;
v. supply any information the MBA Branch Section Executive Committee requests of
them, in the time the Executive requests.
(c) Committee members shall be appointed for a term of one year, which may be renewed.
15. Conduct of Meetings
Meetings shall be conducted in accordance with Roberts' Rules of Order and shall be consistent with
the CBA and MBA Bylaws, regulations, policies and the MBA Code of Conduct for Respectful
Working Relationships.
16. Amendments
(a) The MBA Branch Section Executive Committee may propose an amendment or
exemption to any of the rules applicable to its Branch Section at a meeting of the MBA
Branch Section Executive Committee by a majority vote of the MBA Branch Section
Executive Committee present and voting. The proposed amendment or exemption
becomes effective upon approval by the Branch Executive.
(b) The MBA Branch Section Executive Committee must propose the amendment or
exemption in writing to the Branch Executive, setting out the reasons for the change. If
the Branch Executive approves the proposed amendment or exemption with changes,
the amendment or exemption as changed shall become effective once the MBA Branch
Executive Committee agrees to the amendments as changed.