Drive Canada - Bylaw Amendments - No Precedence

I feel that it is necessary to refute some arguments that were made at the Drive Canada November 2009 Special General Meeting regarding Bylaw Amendments

A.     ARTICLE VIII – BYLAWS do specifically state:

    2. These Bylaws shall not be altered or added to except by Special Resolution.

For some reason an argument was made that it had to be done by a special general meeting - wrong  - it needs  a  Special Resolution - See Point C below

    3. Amendments to the Constitution or By-Laws shall not be enforced or acted upon until the approval of the Minister of Consumer and Corporate Affairs Canada has been obtained.

Argument was made that there was a precedence that the bylaws had previously been amended at a Special Meeting in the morning and the AGM that was convened  in the afternoon followed the bylaw amendments.  The argument was also made that the intent to have them approved was sufficient.

B. That is entirely wrong:
    Article VIII .3. Did not exist prior to the 2000 bylaw amendment
    A Notice of the November 10-12, 2000 AGM and Conference, Bylaw changes, and nomination forms were sent out and posted on the website on August 18, 2000

    A reminder of the AGM was sent out on October 25, 2000 - All CDS members had full knowledge of the agenda almost 3 months prior.

The AGM was November 12.  On November 14, 2000 - an e-bulletin was sent reporting on that meeting and it stated:

The Annual General Meeting heard from a number of Committees on their weekend activity, and their goals and objectives for the coming year. Our bylaws were approved with minor changes, and will be implemented as soon as official approval is received from the Registrar. The next issue of Wheelhorse will carry a complete copy as well as a full membership listing.

C  The next amendments were November 10, 2001 at a Special General Meeting in Toronto at the RAWF (special meeting only because the AGM was to be the following February in Regina)  At this meeting the name was changed to Drive Canada and the number of directors were changed to a minimum 5 and maximum 7. 

The e bulletin Feb 6, 2002 prior to the AGM in Regina stated:

Yes, it's official! Following our Special General Meeting held in Toronto on November 10, 2001, Industry Canada has now formally changed our Letters Patent, and approved both our name change to DRIVE CANADA and our by-law amendments.

This change brings your driving organization in line with other equestrian disciplines such as Jump Canada, Dressage Canada, and Reining Canada under the Equine/Hippique Canada umbrella.