Bylaw 900 – A Bylaw respecting Emergency and Dissolution

1. Emergency

   1. The ISA Councils and Board shall jointly declare a state of emergency for a maximum of three (3) months under circumstances deeming the need for emergency powers. 

      1. The circumstances and the legitimacy of the emergency can be challenged by the Hearing Board. The Hearing Board can end the emergency at its discretion. 

   2. Emergency Powers

      1. The councils have the right to suspend individual or multiple bylaws/political standings/policies of the ISA during the period of emergency with the exception of bylaws 300 and 800. 

      2. The Board has the right to execute the powers of the councils with the exception of 900.1.2.1.

2. Call to Dissolution.

1. The ISA shall be dissolved according to the dissolution process outlined in this bylaw if no interest is shown in continuing the ISA’s activities. A lack of interest shall be assumed if either of the following conditions is met:

   1. the C.R.O. does not receive a minimum of (5) nominations during the nomination period for the ISA Board Elections;

   2. The ISA board and council membership fall below ten (10) members.

3. Restoration Process

   1. The dissolution process shall be executed in order as per section 3 (Restoration Process) with each clause being executed after the failure of the previous clause until section 2 (Call for dissolution) still being valid.  

      1. Elections shall be announced and the C.R.O shall extend the nomination deadline by one (1) week for a total of three (3) times.

      2. The C.R.O shall inform the Board, Graduate Council, Undergraduate Council, and the Advisory Committee members about the lack of nomination situation, then a final nomination deadline shall be released at dates agreed by the Board and Councils. 

      3. If the lack of nomination situation continues, then the ISA President or/and the C.R.O shall call for an AGM with one (1) week notice and during which, all executive positions shall be filled with elections. All general members present in the AGM shall be eligible to vote. The quorum for such elections shall be general members present in the AGM. 

      4. The Advisory Committee shall appoint the general undergraduate or graduate students for the executive positions and for a period of six (6) months maximum, the Advisory Committee shall exercise the role of the councils during this six (6) month period.  Elections shall be held after this period for the councils and the Advisory Committee shall resume its regular mandate after the new council and board members take the oath. 

      5. The ISA shall inform the University of Alberta International (UAI), University of Students’ Union (UASU), and the University of Alberta Graduate Students’ Association (UAGSA) about the situation and they shall be given the right to suspend the ISA Bylaws temporarily to resolve the situation as per their discretion. 

   2. Section 4 (Dissolve) shall only be executed after execution and failure of all clauses of section 3 (Restoration Process) of this bylaw with section 2 (Call to dissolution) still being valid. 

4. Dissolve

   1. Section 4 (Dissolve) shall be executed by a dissolver(s), that shall be, in order either ISA current Executive(s), UASU current general manager, or UAI current director.

   2. All corresponding authorities and members, in general, shall be, informed about the dissolution of the ISA by the dissolver(s);

   3. The dissolver(s) shall conduct an audit on the ISA’s assets and certify that all liabilities are cleared;

   4. The dissolver(s) shall ensure that the ISA’s funds are held in trust by the UASU, or the UAI at its discretion with the promise of them being returned if the ISA is ever reinstated and fully functional for one (1) year by international students;

      1. Should it be determined that none of the aforementioned organizations are able to hold the remaining funds in trust, then said funds shall be equitably refunded to those international students who have not opted out of their University of Alberta International Students Association Fee (ISAF) from the time of the dissolution's initiation.

         1. Should any residual funds remain after the deduction of fees received from ISAF, it is incumbent upon the dissolver to ensure their allocation to a duly registered charitable organization of their choosing.

   5. The dissolver(s) shall make sure that the ISA’s bank account is closed;

   6. The dissolver(s) shall execute all steps required for dissolution as per the Societies Act; and,

   7. The dissolver shall surrender the Certificate of Incorporation as per the Societies Act.

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