An Act respecting the Association of Municipal Managers, Clerks and Treasurers of Ontario — Private Bill PR32 (41st Parliament, 1st Session)

Bill PR32, 41-1

Ontario — Bills

1ST SESSION, 41ST LEGISLATURE, ONTARIO 64 ELIZABETH II, 2015 Bill Pr32

An Act respecting the Association of Municipal Managers, Clerks and Treasurers of Ontario Ms E. McMahon Private Bill 1st Reading December 9, 2015 2nd Reading 3rd Reading Royal Assent Printed by the Legislative Assembly of Ontario

EXPLANATORY NOTE The purpose of the Bill is set out in the

Preamble.

Bill Pr32 2015

An Act respecting the Association of Municipal Managers, Clerks and Treasurers of Ontario

Preamble The Association of Municipal Managers, Clerks and Treasurers of Ontario has applied for special legislation to re-enact its governing Act so that it uses the current name of the Association , changes t he designations that are r e- served to members of the Associ ation, provides that matters respecting the corporate governance of the Ass o- ciation are determined b y the Association’s by-laws and continues to allow the Association to govern and disc i- pline its members.

The Association was incorporated by letters patent dated November 20, 1962 under the name The Municipal Clerks and Finance Officers Association of Onta rio, changed its name by supplementary letters patent dated October 8, 1965 to Association of Municipal Clerks and Treasurers of Ontario, was continued under that name by the Association of Municipal Clerks and Treasurers of Ontario Act, 1985 and changed i ts name to its current name by supplementary letters patent dated February 17, 2000. It is appropriate to grant the application.

Therefore, Her Majesty, by and with the advice and co n- sent of the Legislative Assembly of the Province of O n- tario, enacts as follows:

Definitions 1. In this Act, “Association” means the Association of Municipal Ma n- agers, Clerks and Treasurers of Ontario; “board” means the board of directors of the Association; “by-laws” means the by-laws of the Association; “registrar” means the registrar of the Association appoint- ed under

section 6. Association continued 2.

(1) The corporation known as the Association of Municipal Managers, Clerks and Treasurers of Ontario is hereby continued as a corporation without share capital under the same name. Composition

(2) The persons registered as members of the Associ a- tion constitute the corporation. Continuation of present board and officers

(3) The members of the board and the officers of the Association in office immediately before the comi ng into force of this Act are hereby continued in office until their successors are elected or appointed in accordance with the by-laws. References to prior name

(4) Any reference in a document to the Association of Municipal Clerks and Treasurers of Ont ario shall be read as a reference to the Association of Municipal Managers, Clerks and Treasurers of Ontario. Special Act corporation

(5) The Association is deemed to be a corporation i n- corporated by a special Act. Objects 3. The objects of the Association are, (

a) to improve the professional standards and promote the interests of its members in carrying out their municipal duties in Ontario; (

b) to provide formal training and educational facilities for its members; (

c) to hold conferences and meetin gs for the discus- sion, reading of papers and delivery of lectures r e- specting municipal affairs, interests and duties. (

d) to issue copies of papers, lectures and other mater i- al to its members, and generally to collect, collate and publish information of s ervice or interest to its members; (

e) to ascertain and notify its members of the laws and practices relevant to them; and (

f) to maintain discipline among its members. Board 4.

(1) The affairs of the Association shall be managed by the board. Corporate governance to be determined by by-laws

(2) The following shall be determined by the by-laws: 1. The size and composition of the board. 2. The qualifications, nomination and election or a p- pointment of the members of the board.

2 ASSOCIATION OF MUNICIPAL MANAGERS, CLERKS AND TREASURERS OF ONTARIO ACT, 2015 3. The terms of office of the members of the board. 4. The quorum required for meetings of the board. 5. The declaration and filling of vacancies on the board. 6. The composition, terms of reference and proc e- dures of committees. 7. The calling, holding and conducting of mee tings of the board, of the committees of the Association and of the members of the Association. 8. The election or appointment and duties of the o f- ficers of the Association, and their removal. 9.

The appointment of any other persons as are nece s- sary to perform the work of the Association. 10. Any other matters relevant to the Assoc iation’s corporate governance. By-laws 5.

(1) The board may pass by -laws regarding matters necessary to manage the affairs and carry out the objects of the Association. Confirmation of by-law

(2) No by -law passed by the board comes into force until it is confirmed or amended and confirmed by the general membership at an annual meeting or at a special meeting called for the purpose of considering the by-law. Registrar 6.

(1) The board shall appoint a registrar, who need not be a member of the board. Duties

(2) The registrar shall perform the functions assigned to the registrar by this Act and any other duties assigned to the registrar by the board. Membership 7.

(1) The Association shall grant a membership in the Association to any individual who applies for membe r- ship in accordance with the by-laws if the individual, (

a) is at least 18 years old; (

b) has complied with the academic and experience requirements specified in the by -laws for the iss u- ance of membership; and (

c) has obtained the qualifications that the board may set or approve in accordance with the by-laws. Register

(2) The registrar shall keep a register in which shall be entered the names of all membe rs of the Association in good standing. Privileges of membership

(3) Only those persons whose names are entered in the register as described in subsection ( 2) are entitled to the privileges of membership in the Association. Public inspection of register

(4) The Association shall make the register available for inspection by the public at its head office during no r- mal office hours. Appeals

(5) Any individual who has been refused membership or who has been subject to a disciplinary sanction by the Association may appeal to the Divisional Court, in a c- cordance with the rules of court, from the refusal or san c- tion. Certified copy of record

(6) Upon the request of an individual desiring to appeal to the Divisional Court and upon payment of the required fee, the registrar shall give the individual a certified copy of the record of the proceedings, including the documents received in evidence and the decision or order appealed from. Grounds for appeal

(7) An appeal under this

section may be made on que s- tions of law or fact, or both. Powers of court

(8) The court may affirm or rescind the decision a p- pealed from, may substitute its opinion for that of the board or committee that made the decision or may refer the matter back to the board or committee for reh earing, in whole or in part, in accordance with the directions that the court considers proper, and for such purposes, the court may exercise all powers of the board or committee that made the decision or may direct the board or commi t- tee to take any actio n that the board or committee may take and as the court considers proper. Designations 8.

(1) Every registered member of the Association who has satisfied the criteria set out in the by -laws to be entitled to use one of the following designations may use the designation “Accredited Municipal Professional”, “Accredited Ontario Municipal Clerk”, “Certified Muni c- ipal Officer” or “Accredited Municipal Clerk Treasurer”, as the case may be, and may use after the member’s name the initials “AMP”, “AOMC” , “CMO” or “AMCT” , re- spectively. Offence

(2) Any person in Ontario who, not being a registered member of the Association, takes or uses any designation or any set of initials referred to in subsection (1) , either alone or in combination with any other word, name , title, initial or description, or implies, suggests or holds out that he or she is a registered member of the Association is guilty of an offence. Evidence

(3) In every case where registration is an issue, the production of a copy of the register, cert ified by the regis- trar to be a true copy of the original, is sufficient evidence of all persons who are registered members of the Associ a- tion.

ASSOCIATION OF MUNICIPAL MANAGERS, CLERKS AND TREASURERS OF ONTARIO ACT, 2015 3 Same

(4) A certificate purporting to be signed by a person in that person’s capacity as registrar is proof, in the absence of evidence to the contrary, that the person is the registrar without any proof of that person’s signature or of that person being in fact the registrar. Same

(5) The absence of the name of any person from a copy of the register certified by the registrar is proof, in the absence of evidence to the contrary, that the person is not a registered member of the Association. Right to practise unaffected 9. This Act does not affect or interfere with the right of any person who is not a member of the Association to practise as a municipal officer or employee in Ontario. Surplus 10. Any surplus derived from carrying on the activities of the Association shall be devoted and applied solely in promoting and carrying out its objects and shall not be divided among its members.

Repeal 11. The Association of Municipal Clerks and Trea s- urers of Ontario Act, 1985 is repealed. Commencement 12. This Act comes into force on the day it receives Royal Assent.

Short title 13. The

short title of this Act is t he Association of Municipal Managers, Clerks and Treasurers of Ontario Act, 2015.

Document details

Collection	Ontario — Bills
Citation	Bill PR32, 41-1
Type	bill
Volume / chapter	p41 s1 bill pr32 bill text 41 1 en pr032.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	16586e0c5a61c84fd804140e167cfc8ffbe8962b

Source file is stored in the law ingest library (pdf).