Bylaw 800 – A Bylaw respecting Amendments and Judiciary.

1. Amendments

   1. The Amendment of the ISA Bylaws shall be done in the following manner,

      1. The First Principle shall be passed in the ISA’s Graduate Council, ISA’s Undergraduate Council, and the ISA Board. 

      2. The mover and/or seconder then shall submit the Second Principle to the Board.

      3. The Board shall incorporate or change the Second Principle and send it to the Advisory Committee within 30 days of receiving it. 

      4. The Advisory Committee shall provide its feedback/suggestions on the Second Principle within 30 days of receiving and submitting it to the Councils. 

         1. The Advisory Committee shall reserve the right to stop/veto any proposed amendment if it impacts the Advisory Committee in any manner. 

      5. The Councils shall pass the Second Principle with a simple majority and submit it to the Annual General Meeting (AGM) as a “special resolution” in accordance with the Societies Act. 

      6. The amendment is enacted and enforced immediately after the passing of the Second Principle, however it shall be subject to the result of a “special resolution” vote in the AGM. 

      7. The ISA shall submit the amended bylaws to the Provincial Registrar to effect the changes after passing of the “special resolution”. 

[To be enacted once ISA register under Provincial Societies Act]

1. 2. ISA Council can make minor amendments to the bylaws with a simple majority vote in council for minor errors such as grammatical mistakes, punctuation errors, and clarifying a clause meaning to avoid confusion. A general member can complain to the hearing board to nullify the change, if this clause is used to make any major or clause meaning change. 

2. Judiciary

   1. Mandate: The Hearing Board shall fulfill the role of the judiciary within the ISA. 

   2. Any general member of the ISA can file a case to the Hearing Board if the case is within the scope of the Hearing Board. 

   3. Scope of the Hearing Board Cases: 

      1. Violation of the Bylaws. 

      2. Violation of political policies. 

      3. Violation of any operations governing documents, such as and not limited to Policy and Procedure Manual or other official protocols/policies.

      4. Request an interpretation of the ISA Bylaws, political policies, and other operations governing documents created by the Board or Councils.

      5. Request for an informal opinion. 

      6. Affiliation groups conflicts.

      7. The appeal of rulings of the C.R.O.

      8. Members classified in bad standing.

      9. Any incident that shall be disrespectful against others. 

      10. Any matter decided by the Council to be addressed by the Hearing Board. 

      11. Conflicts or disagreements between members of the ISA. 

      12. Any matter/issue that the hearing board determines is important to be addressed and aligned with its mandate. 

   4. Composition of the Hearing Board:

      1. One (1) member of the Board;

      2. One (1) member of the Undergraduate Council;

      3. One (1) member of the Graduate Council;

      4. One (1) member of the Advisory Committee; and,

      5. One (1) member-at-large. 

      6. the composition shall be changed at the discretion of the Hearing Board Panel with suggestions from the ISA Board if an entity fails to provide a member to the hearing board. 

   5. The Hearing Board’s panel shall appoint any member among itself as its chair for each case. 

   6. Members of the Hearing Board panel shall not have any conflict of interest with any party involved directly or indirectly in the case. 

   7. In case of conflict of interest, the member’s seat shall be left vacant for the case hearing or filled by another appointed member by the respective entity/body of the ISA at the discretion of the Hearing Board. 

   8. The hearing shall be conducted as per its protocols. 

   9. The Hearing Board shall impeach or expel a member of the ISA Board, Committees, or Councils if the member is found in bad standing.

   10. The Hearing Board shall make any decision based on its discretion as a result of the hearing. 

       1. All parties reserve the right to appeal the decision once (1) with the approval of the council, under different panel members. 

   11. The Joint Council has the right to suspend a Hearing Board decision only after one (1) appeal granted by the Council.

3. No Force or Effect

   1. Any decision of the ISA’s Councils/Board that conflicts with the federal or provincial statute, common law, or traditional law and/or practices is of no force or effect.

   2. Any decision that violates the bylaws or the Societies Act, is of no force or effect.