Horse Sport magazine has spoken with an anonymous former board member and long-time industry insider who has deep concerns about the current trajectory of Equestrian Canada. This person is a passionate equestrian with a firm belief in the importance of contributing to the community, and also playing by the rules.
After paying close attention to the issues currently surrounding EC, this person has compiled a list of what they see as seven Bylaw infractions that EC has carried out in the past 2 years. “The list might not be exhaustive, but it certainly suggests a pattern of disregard for governance and adherence to the rules of play.”
Of note, it is pointed out that for two of the items listed below – 4.5 Director Eligibility and 4.7 Nominating Committee – the EC Board opted to change the bylaws retroactively in April 2016. “These are important to note, because the Board election process at that time had already commenced. You can’t move the goalposts once an election process has begun, as it then runs the risk of compromising the integrity of the election.”
1) Article 4.5 – Board Elections Eligibility
The Bylaws at the time the 2016 Board election process commenced included the statement:
“(iv) is a resident of Canada”
This prevented one board member from being an eligible candidate. The Nominations Committee, however, ignored this basic eligibility criteria and presented a slate of recommended Directors to Members which included the subsequently elected director.
2) Article 4.7 – Nominating Committee
The Bylaws at the time the 2016 Board election process commenced included the statement:
“The Nominating Committee shall be named by the Board at least six months prior to the Annual Meeting.”
The composition of the Nominating Committee changed less than six months prior to the Annual Meeting.
3) Article 4.7 – Nominating Committee
The Bylaws at the time the 2016 Board election process commenced included the statement:
“a Nominating Committee shall be comprised of seven Persons who are not Members and are not seeking election at the Annual Meeting.”
The Nominating Committee Chair within six months prior to the Annual Meeting was somebody that subsequently ran in the 2016 Board Elections.
4) Article 5.4 – General Meeting
“A General Meeting of the Members may be called at any time at the discretion of the Board or upon the written requisition of Members carrying not less than twenty five (25) percent of voting rights in accordance with the Act.”
The above is in direct violation of the Not-for-Profit Act, which states no more than 5%.
(refer to Article 72(1) of the NFP Regulations – http://laws-lois.justice.gc.ca/eng/regulations/SOR-2011-223/page-4.html#h-30 )
5) Article 5.5 – Notice
“Written notice of Meetings of Members shall be given to all Members by telephonic, electronic or other communication facility at least twenty-one (21) days….”
There has been at least one Meetings of Members (which took place during the week of February 6, 2017) that did not follow the notice process as set out in Bylaws
6) Article 5.7 – Persons to be Present
“Registered Participants may attend any Meeting of the Members except where the President (or other Chair of such meeting) has declared the meeting, or any portion thereof, to be in camera.”
Registered Participants have been expressly excluded from every single Meeting of Members since the new Bylaws were enacted.
7) Article 6.3. Auditors
“At each Annual Meeting, the Members shall appoint an Auditor to audit the books, accounts and records of EQUINE CANADA for report to the Members at the next Annual General Meeting.”
At the 2016 September AGM, an Auditor was not identified.
Click here to see a copy of the by-laws referenced above.
More from Horse Sport:
