Constitution Liberal Party of Canada

Page created by Derrick Burgess
 
CONTINUE READING
Constitution   Liberal Party
                 of Canada
Table of                                                       Liberal Party of Canada
Contents

           01 04 06 09
           A. Establishment
           1. Name
                                   D. National Board
                                   (Cont.)
                                                           I. Permanent
                                                           Appeals Committee
                                                                                         M. Leader (Cont.)
                                                                                         46. Leadership Vote
           2. Purpose              17. Powers (Cont.)      33. Establishment                 Procedure (Cont’d)
           3. Language             18. Meetings and        34. Governance                47. Leadership
           4. Gender and               Process             35. Referrals                     Endorsement Ballot

                                                                                         10
               Diversity           19. Miscellaneous
           5. One Constitution                             J. Chief Agent
           6. Property             E. National             36. Appointment
                                   Management              37. Governance
           B. Registered           Committee
           Liberals                20. Composition         K. Policy
           7. Eligibility          21. Powers              38. National Board
           8. National Register    22. Meetings and                                      N. General Provisions
           9. Period                   Process                                           48. Amendment
                                                           L. Conventions
           10. Rights                                                                    49. Interpretation
                                                           39. Call

           02
                                                                                         50. Notice

                                                                                         11
                                   F. Provincial or        40. Frequency
                                   Territorial Boards      41. Registration
                                   23. Provincial Board         and Attendance
                                        Composition

                                   05
                                                           M. Leader
                                                           42. Office
                                                           43. Role
           C. Electoral District                           44. Election                  O. Transition
           Associations                                                                  51. Effective Date

                                                           07
           11. Recognition                                                               52. Repeal
           12. Purpose                                                                   53. Dissolutions as of
           13. Governance          F. Provincial or                                          Effective Date
           14. Requirements        Territorial Boards                                    54. Registered Liberals
                                   (Cont.)                                               55. Commissions
           D. National Board       24. Territorial Board                                 56. Permanent Appeals
           15. Composition              Composition        M. Leader (Cont.)                 Committee
           16. Election and        25. Election and        44. Election (Cont.)          57. National Board
               Appointment              Provincial or                                    58. National Convention

                                                           08 12
                                        Territorial                                      59. Chief Agent

           03
                                        Conventions                                      60. Provincial or
                                   26. Responsibilities                                      Territorial Boards
                                   27. Limits

                                   G. National Campaign
                                   Committee
                                   28. Appointment by      M. Leader (Cont.)
           D. National Board           Leader              44. Election (Cont.)
           (Cont.)                 29. Rules               45. Leadership
           16. Election and 		                                  Contestants              O. Transition (Cont.)
                                   30. Ratification
               Appointment                                 46. Leadership Vote           60. Provincial or Territorial
               (Cont.)                                          Procedure                     Boards (Cont.)
                                   H. Commissions
           17. Powers                                                                    61. Dissolution of PTAs
                                   31. Establishment
                                                                                         62. Blended PTAs
                                   32. Governance
                                                                                         63. Electoral District
                                                                                              Associations
                                                                                         64. Leader
                                                                                         65. By-Laws
                                                                                         66. Expiry
CONSTITUTION OF THE LIBERAL PARTY OF CANADA
As adopted at the Biennial Convention on May 28, 2016.

Preamble:

The Liberal Party of Canada is an association of Registered Liberals who share certain
principles, as set out below, and who strive to elect candidates to the House of Commons
for the purpose of advancing those principles.

The Liberal Party of Canada is committed to the view that the dignity of each individual
person is the cardinal principle of democratic society and the primary purpose of all
political organization and activity in such a society.

The Liberal Party of Canada is dedicated to the principles that have historically sustained
the Party: individual freedom, responsibility and human dignity in the framework of a
just society, and political freedom in the framework of meaningful participation by all
persons. The Liberal Party is bound by the constitution of Canada and the Canadian
Charter of Rights and Freedoms and is committed to the pursuit of equality of opportunity
for all persons, to the enhancement of our unique and diverse cultural community, to
the recognition that English and French are the official languages of Canada, and to the
preservation of the Canadian identity in a global society.

In accordance with this philosophy, the Liberal Party of Canada subscribes to the
fundamental rights and freedoms of persons under the rule of law and commits itself to the
protection of these essential values and their constant adaptation to the changing needs of
modern Canadian society.

The Liberal Party of Canada recognizes that human dignity in a democratic system requires
that all citizens have access to full information concerning the policies and leadership of
the Party; the opportunity to participate in open and public assessment of such means,
and such modifications of policies and leadership as they deem desirable to promote the
political, economic, social, cultural and general well-being of Canadians.

To realize this objective, the Liberal Party of Canada strives to provide a flexible and
democratic structure whereby all Canadians can obtain such information, participate in
such assessment and militate for such reform through open communications, free dialogue
and participatory action both electoral and non-electoral. This Constitution sets forth the
institutions, systems and procedures by which the Liberal Party of Canada, in co-operation
with its provincial and territorial boards and electoral district associations, works to
implement these ideas on behalf of all Registered Liberals.
Constitution                                                           Liberal Party of Canada

01             A. Establishment
               1. Name
                                                                       B. Registered Liberals
                                                                       7. Eligibility
               There is an association named “The Liberal Party        Any person may register as a Registered Liberal,
               of Canada”, which is referred to throughout this        provided that they meet the requirements set out
               Constitution as the “Party”.                            by the National Board. There shall be no fee for
                                                                       registration.
               2. Purpose
               The purpose of the Party is to participate in           8. National Register
               the public affairs of Canada by endorsing and           The Party will, under the direction of the
               supporting Registered Liberals as candidates of         National Board, maintain a national register of
               the Party for election to the House of Commons,         all Registered Liberals, indicating the Electoral
               advocating and supporting Liberal values and            District Association in which they are resident
               philosophies, principles and policies, providing        (hereinafter their “home Electoral District
               a forum for Registered Liberals to provide input        Association”).
               into the policies of the Party, and raising money in
               support of these purposes.                              9. Period
                                                                       Registration as a Registered Liberal will remain
               3. Language                                             current for the period established by the National
               English and French are the official languages of        Board, and may be renewed and/or terminated
               the Party.                                              in the manner and at the times set out by the
                                                                       National Board.
               4. Gender and Diversity
               The Party will promote diversity, inclusiveness         10. Rights
               and gender parity at all levels of the Party. This      Each Registered Liberal has the right, subject to
               Constitution will operate without discrimination        this Constitution, to do the following:
               on the basis of race, national or ethnic origin,        a. receive newsletters, information, and notices
               colour, religion, sex, gender identity or expression,      of general meetings and other activities from
               sexual orientation, age or mental or physical              the Party (provided that the Party may elect
               disability.                                                to limit certain notices to electronic form);
                                                                       b. attend, speak, and vote at a general meeting
               5. One Constitution                                        of their home Electoral District Association
               This Constitution and the by-laws made by the              or any Commission or Commission Club with
               National Board pursuant hereto govern the affairs          which they are registered;
               of the Party and all of its boards, commissions,        c. attend and speak (but not vote) at a general
               committees and associations. No board,                     meeting of any Electoral District Association
               commission, committee or association of the                other than their home Electoral District
               Party may establish a constitution other than this         Association;
               Constitution.                                           d. attend, speak, and vote at any convention or
                                                                          general meeting of the Party or their Provincial
               6. Property                                                or Territorial Board;
               Only the Party, an EDA, or a campaign, acting           e. be elected as a candidate, or to any office in
               through its Chief Agent, may hold property and             the Party, their Provincial or Territorial Board,
               money, accept contributions, make expenditures,            or any Electoral District Association, provided,
               enter into contracts of employment, enter                  in each case that they comply with the
               into leases, or otherwise make agreements or               requirements of this Constitution and the
               arrangements. No board, commission, committee              National Board in respect of such office;
               or association of the Party may do any of the           f. vote on the Leadership Vote and on the
               foregoing. Notwithstanding the foregoing,                  Leadership Endorsement Ballot conducted
               nothing herein limits the ability of an Electoral          with respect to their home Electoral District
               District Association or campaign to hold and               Association; and
               administer property and funds or to enter into          g. exercise any other right granted to them by the
               agreements for the provision of services, subject          National Board or any other board, commission,
               to the by-laws established by the National Board.          committee or association of the Party.
Constitution                                                            Liberal Party of Canada

02             C. Electoral District Associations
               11. Recognition
                                                                        D. National Board
                                                                        15. Composition
               Recognition may be granted by the National               The affairs of the Party will be governed by
               Board to one Electoral District Association              a National Board of Directors (the “National
               in each federal electoral district, and such             Board”), which will consist of:
               recognition may be revoked, pursuant to rules            a. the Leader;
               and procedures set out in the by-laws (each              b. the President;
               association so recognized, an “Electoral District        c. the Vice-President (English);
               Association”) and in accordance with the Canada          d. the Vice-President (French);
               Elections Act.                                           e. the Policy Secretary;
                                                                        f. the Party Secretary;
               12. Purpose                                              g. the immediate past President;
               Each Electoral District Association shall:               h. one representative of those Members of
               a. endorse and support the candidate of the 		              Parliament who caucus with the Party
                  Party for election to the House of Commons               (the “Caucus”);
                  for its electoral district;                           i. one representative from each Province or
               b. engage in, and support, field organizing, outreach,      Territory (each, a “Director” or a “Director from
                  and fundraising in its electoral district; and,          a Province or Territory”) from each province
               c. facilitate input into Party policy by Registered         and territory of Canada;
                  Liberals in its electoral district consistent 		      j. one representative from each commission
                  with the Party policy process established by             (each, a “Commission”) established by the
                  the National Board and in accordance with 		             National Board;
                  this Constitution.                                    k. the following non-voting members:
                                                                             i. the National Director of the Party (the
               13. Governance                                                     “National Director”);
               The executive or governing board of an Electoral              ii. a Treasurer (the “Treasurer”);
               District Association shall be composed of                     iii. one representative of the Chief Agent of
               Registered Liberals (whether or not living within                  the Party;
               the applicable electoral district) in such numbers            iv. one representative of the Leader;
               and in such a manner to be determined by Party                v. a Revenue Chair (the “Revenue Chair”);
               by-law. Electoral District Associations shall                 vi. up to two Chairs of the National
               comply with such other requirements as to their                    Campaign Committee; and
               governance, financial management and reporting,               vii. two Constitutional and Legal Advisers.
               as may be implemented by National Board by
               by-law.                                                  16. Election and Appointment
                                                                        Election or appointment of members of the
               14. Requirements                                         National Board shall be on the following basis:
               Each officer of an Electoral District Association        a. each member of the National Board must be
               must be a Registered Liberal, and will be                   a Registered Liberal and otherwise satisfy
               elected at a general meeting of the Registered              any requirements set out in the by-laws;
               Liberals who reside in such Electoral District           b. each of the President, the Vice-President
               in accordance with the rules of procedure                   (English), the Vice-President (French), the
               determined by the National Board.                           Policy Secretary and the Party Secretary
                                                                           shall be elected by secret ballot, in
                                                                           accordance with the by-laws established
                                                                           by the National Board, by all of the
                                                                           Registered Liberals registered at a National
                                                                           Convention of the Party (with the manner
                                                                           of registration and voting, including
                                                                           any remote registration and voting, to be
                                                                           determined by the National Board). No
                                                                           person elected to the positions set out in this
                                                                           Section 16(b) may serve in the same office for
                                                                           more than two consecutive terms (as such
                                                                           terms are provided for in Section 40);
Constitution                                                        Liberal Party of Canada

03             D. National Board (Cont.)                            17. Powers
                                                                    The National Board will have the power to:
               c. if there is a vacancy in the office of the        a. make by-laws, by majority vote, to
                  President, one of the Vice-Presidents (as 		         determine any matter delegated to it in this
                  determined by the National Board) must 		            Constitution (provided that such by-laws
                  assume the functions of the President;               must be consistent with this Constitution and
               d. a person who has resigned the office of 		           published on the website of the Party in order
                  President cannot subsequently serve as the           to be effective, and shall only be effective until
                  immediate past President unless they are first       the next National Convention unless ratified
                  re–elected to the office of President;               or amended at such convention) including
               e. if there is a vacancy in any other office,           without limitation:
                  then (i) in the case of offices typically              i. the delegation of authority to the
                  elected at a National Convention or 		                       Management Committee;
                  appointed, the National Board must promptly            ii. the establishment and governance
                  appoint a Registered Liberal to assume the                   of standing and special committees,
                  functions of the vacant office for the 		                    including without limitation committees
                  remainder of their predecessor’s term; and                   dealing with matters of policy, election
                  (ii) in the case of offices elected at a 		                  readiness, conventions, and Leadership
                  Provincial or Territorial Convention or by a 		              Contests;
                  Commission, the vacancy will be filled by              iii. the establishment and governance of
                  the executive of the applicable Provincial or                Commissions, and the recognition of
                  Territorial Board, or Commission;                            sections, branches and clubs;
               f. the representative of Caucus shall be selected         iv. the governance and administration of
                  by caucus with the consent of the Leader;                    Electoral District Associations;
               g. each Director from a Province or Territory             v. the process of policy consultation and
                  will be elected by secret ballot, in accordance              development followed by the Party;
                  with the by-laws established by the National           vi. the rules governing registration as a
                  Board, by Registered Liberals of the province                Registered Liberal;
                  or territory in which such Director lives at a         vii. the rules governing registration and
                  Provincial or Territorial Convention;                        attendance (both remote and in-person)
               h. each representative of a Commission will be                  at any convention of the Party;
                  selected by such Commission, in accordance             viii. the rules governing the election of
                  with the by-laws established by the National                 officers to the National Board,
                  Board;                                                 ix. the responsibilities, rules and procedures
               i. each of the National Director, Treasurer, 		                 of the National Board and the
                  and Revenue Chair shall be appointed by the                  Management Committee;
                  National Board with the consent of the 		              x. the rules governing the election,
                  Leader and the President;                                    responsibilities, removal and limitation of
               j. the Constitutional and Legal Advisers shall 		               Provincial or Territorial Boards;
                  be appointed by the National Board with the            xi. the procedures of the Permanent
                  consent of the Leader and the President. One                 Appeals Committee; and
                  of the two Constitutional and Legal Advisers           xii. the Chief Agent;
                  shall be English speaking, and the other 		       b. oversee the financial administration of the
                  French speaking, with one with experience 		         Party, including the approval of budgets,
                  in the common law tradition, and one with 		         fees, expenses and revenue targets and the
                  experience in the civil law tradition;               administration of banking matters;
               k. the representative of the Chief Agent will be     c. oversee, acting through the National Director,
                  selected by such Chief Agent, in accordance          the hiring and supervision of personnel,
                  with the by-laws established by the National         employed, contract or otherwise, of the
                  Board; and                                           Party and any Provincial or Territorial Board,
               l. the representative of the Leader, and the            committee, or commission;
                  two chairs of the National Campaign               d. approve the incurrence of debt and granting
                  Committee shall be designated by the Leader.         of security on behalf of the Party and any
                                                                       Provincial or Territorial Board, committee, or
                                                                       commission; and
Constitution                                                         Liberal Party of Canada

04             D. National Board (Cont.)                             21. Powers
                                                                     Subject to direction from the National Board, the
               e. approve the entering into of any lease or          Management Committee may exercise all powers
                  agreement or the acquisition of any real,          that the National Board may exercise except
                  personal, moveable or immovable property           the power to appoint or remove officers or to
                  on behalf of the Party and any Provincial or       modify any by-law relating to the establishment,
                  Territorial Board, committee, or commission.       governance or administration of Commissions,
                                                                     (and subject always to prior or subsequent
               18. Meetings and Process                              decisions of the National Board).
               The National Board shall meet not less than four
               times per calendar year, and shall establish a by-    22. Meetings and Process
               law to govern its procedures. The National Board      The Management Committee shall meet not
               may meet in person or by electronic means, but if     less than four times per calendar year, and the
               they meet by electronic means, each member must       National Board shall establish a by-law to govern
               be able to communicate with each other member.        its procedures. The Management Committee may
                                                                     meet in person or by electronic means, but if they
               19. Miscellaneous                                     meet by electronic means, each member must be
               Each officer of the National Board will have the      able to communicate with each other member.
               powers and responsibilities set out for them in
               the by-laws of the National Board, and will serve     F. Provincial or Territorial Boards
               until new officers are elected at the next National
               Convention of the Party.                              23. Provincial Board Composition
                                                                     Each province will have a volunteer Provincial or
               E. National Management Committee                      Territorial Board, to be composed of:
                                                                     a. the Director elected for such Province
               20. Composition                                          or Territory, who shall serve as chair of the
               There shall be a national management committee           Provincial or Territorial Board;
               (the “Management Committee”), which will be           b. a vice-chair, elected by the Registered
               composed of:                                             Liberals who reside in such Province;
               a. the Leader (provided that a delegate of the 		     c. a secretary, elected by the Registered
                  Leader may attend Management Committee                Liberals who reside in such Province;
                  on his or her behalf in the absence thereof);      d. an organization chair, elected by the
               b. the President;                                        Registered Liberals who reside in such
               c. the Vice-President (English);                         Province;
               d. the Vice-President (French);                       e. a policy chair, elected by the Registered
               e. the Policy Secretary;                                 Liberals who reside in such Province;
               f. the Party Secretary;                               f. one director at large, plus up to one
               g. two of the Directors from a Province or 		            additional director at large for every ten
                  Territory elected among themselves for a 		           electoral districts contained in such Province
                  term determined by them; one of whom 		               (rounded where applicable), with such
                  must be capable of expressing themselves              directors to be elected by the Registered
                  in English, and the other of expressing 		            Liberals who reside in such Province (or in a
                  themselves in French;                                 region thereof) in accordance with procedures
               h. one of the representatives of the                     determined by the National Board, or
                  Commissions who are members of the 		                 applicable by-law;
                  National Board of Directors elected among 		       g. one representative from each Commission
                  themselves for a term determined by them;             established by the National Board, to be
               i. one representative of the National 		                 selected by the provincial or territorial section
                  Campaign Committee;                                   of such Commission or, if there is no such
               j. the Treasurer (on a non-voting basis);                section, in a manner to be determined in the
               k. the Revenue Chair (on a non-voting basis);            applicable by-law; and
               l. the National Director (on a non-voting 		          h. such other positions established by the
                  basis); and                                           National Board.
               m. one representative of the Chief Agent
                  (on a non-voting basis).
Constitution                                                          Liberal Party of Canada

05             F. Provincial or Territorial
               Boards (Cont.)
                                                                      G. National Campaign Committee
                                                                      28. Appointment by Leader
               24. Territorial Board Composition                      There shall be a national campaign committee
               Each Territory will have a Provincial or Territorial   (the “National Campaign Committee”), composed
               Board composed of the board of the Electoral           of such national campaign chairs and Registered
               District Association recognized for such Territory.    Liberals as the Leader shall designate.

               25. Election and Provincial or Territorial             29. Rules
               Conventions                                            The National Campaign Committee shall have the
               Each member of a Provincial or Territorial             power to establish national rules with respect to
               Board must be a Registered Liberal, and will be        nominations (including any associated fees), the
               elected by secret ballot at a convention (each, a      process of registering to vote at a nomination
               “Provincial or Territorial Convention”) at which       meeting, vetting of candidates for nomination,
               all Registered Liberals living in the Province or      removals of nominated candidates, disputes,
               Territory which such Provincial or Territorial         campaign matters and election readiness.
               Board represents are eligible to vote. Such
               election shall be conducted according to the           30. Ratification
               procedures established by the National Board. A        Rules established by the National Campaign
               Provincial or Territorial Convention shall be held     Committee shall be subject to ratification by the
               not less frequently than National Conventions,         National Board.
               and otherwise in accordance with by-laws made
               by the National Board.                                 H. Commissions
               26. Responsibilities                                   31. Establishment
               Subject to this Constitution and any by-laws           The National Board may establish a Commission
               made by the National Board, each Provincial or         to provide a forum for engagement and
               Territorial Board will have the power, with respect    representation of a demographic group of
               only to its Province or Territory, to determine        Registered Liberals.
               matters expressly delegated to it in this
               Constitution or by the National Board, including       32. Governance
               without limitation:                                    Commissions shall be governed by the by-laws
               a. the establishment and governance of standing        established by the National Board, and shall
                  and special committees dealing with matters         have such sections, branches and clubs as are
                  of election readiness, policy and Provincial or     recognized in accordance with the by-laws.
                  Territorial conventions;                            Any amendments to Commission by-laws
               b. the implementation of election readiness            will only occur after thorough and effective
                  programs in its Province or Territory               communication and consultation with the
                  established by the National Campaign                affected Commission.
                  Committee; and
               c. the organization of the policy consultation
                  and development process in its Province or
                  Territory.

               27. Limits
               For greater certainty, no Provincial or Territorial
               Board may hold property or money, enter into
               agreements or leases, or employ or engage
               personnel.
Constitution                                                          Liberal Party of Canada

06             I. Permanent Appeals Committee
               33. Establishment
                                                                      L. Conventions
                                                                      39. Call
               There shall be a Permanent Appeals Committee           The National Board shall hold such national
               composed of persons appointed by the National          conventions (each, a “National Convention”) and
               Board, to hear disputes arising out of this            Provincial or Territorial conventions as may be
               Constitution, the by-laws made by the National         required to give effect to the provisions hereof,
               Board, and any rules made by the National              including the election of those elected officers
               Campaign Committee.                                    of the National Board who are not elected at
                                                                      a Provincial or Territorial Convention or by
               34. Governance                                         Commissions, and to deal with policy, by-law
               The procedures governing the Permanent Appeals         ratification, training, election readiness and such
               Committee shall be established by the National         other matters as it may determine.
               Board. Decisions of the Permanent Appeals
               Committee shall be final and binding on the Party      40. Frequency
               and not subject to appeal to any other body.           National Conventions shall be held
                                                                      approximately every two years and in any event
               35. Referrals                                          not later than three years following the previous
               The National Board and/or the National Campaign        National Convention.
               Committee may refer a question of interpretation
               of this Constitution, Party by-laws, or rules that     41. Registration and Attendance
               is not resolved by the Constitutional & Legal          Any Registered Liberals who pay the fees
               Advisors to the Permanent Appeals Committee.           established by the National Board may register
                                                                      and attend such Convention (remotely, or in
                                                                      person, to the extent and in the manner provided
               J. Chief Agent                                         for by the National Board).

               36. Appointment
               The National Board may, with the consent of the        M. Leader
               President and the Leader, appoint a corporation
               incorporated under the laws of Canada as the           42. Office
               chief agent for the Party contemplated under the       The Leader is entitled to exercise all authority
               Canada Elections Act.                                  of a leader under the Canada Elections Act and is
                                                                      elected by the Registered Liberals of the Party.
               37. Governance
               The constating documents of the Chief Agent            43. Role
               shall provide that its board shall be elected          The Leader is responsible to:
               annually from amongst a list of candidates             a. speak for the Party concerning any political
               nominated jointly by the Leader and President,            issue;
               which list shall include at least one member of the    b. take part in the development of the Party
               Management Committee.                                     policies and Party platform;
                                                                      c. be guided by the Party policies and the Party
                                                                         platform;
               K. Policy                                              d. report to the Party at every National
                                                                         Convention; and,
               38. The National Board                                 e. appoint the Campaign Chairs.
               The National Board shall establish and maintain
               a national policy process, to be coordinated by        44. Election
               the Policy Secretary, which must provide for the       a. Whenever a Leader is to be chosen for the
               following:                                                Party, the Party must elect a new Leader
               a. communication and discussion between                   according to the procedures set out in
                   Registered Liberals;                                  this Chapter (which is referred to in this
               b. engagement of Registered Liberals;                     Constitution as a “Leadership Vote”).
               c. reporting and accountability to Registered          b. The Leader ceases immediately to be the
                   Liberals;                                             Leader (a “Leadership Trigger Event”) when:
               d. flexibility to accommodate changing
                   technology, conditions and electoral cycles; and
               e. input into platform development process.
Constitution                                                           Liberal Party of Canada

07             M. Leader (Cont.)                                                   participation of men and women and
                                                                                   the recognition of English and French as
                   i.     due to incapacity, the Leader ceases to                  the official languages of Canada;
                          be recognized by the Governor-General          iv. establish the Leadership Vote Committee
                          as the leader of the Party in the House of            consisting of:
                          Commons;                                              1. two co-chairs, one of whom must be a
                    ii. the Leader dies;                                           man and one of whom must a woman
                    iii. there are published in accordance                         and one of whom must be English-
                          with this Constitution the results of a                  speaking and one of whom must be
                          Leadership Endorsement Ballot in which                   French-speaking;
                          the Leader is not endorsed; or                        2. the National President;
                    iv. the National Board of Directors declares                3. two persons elected by the National
                          that the result of a Leadership Vote is                  Board from among the members of
                          invalid.                                                 the National Board, one of whom must
               c. If the Leader publicly announces an intention                    be English-speaking and one of whom
                  to resign or if the Leader delivers to the                       must be French-speaking;
                  National President a written resignation or                   4. two representatives appointed by the
                  a written request to call a Leadership Vote,                     Caucus;
                  then the Leader ceases to be the Leader on                    5. any number of other Registered
                  the earlier of the appointment of an Interim                     Liberals appointed by the co-chairs in
                  Leader and when a new Leader is elected by                       consultation with the National Board
                  Registered Liberals.                                             and respecting the principle of equal
               d. Upon the occurrence of a Leadership Trigger                      participation of men and women and
                  Event, or if the Leader publicly announces an                    the recognition of English and French as
                  intention to resign or if the Leader delivers to                 the official languages of Canada.
                  the National President a written resignation or      e. The Leadership Expenses Committee is
                  a written request to call a Leadership Vote, the        responsible to:
                  National President must call a meeting of the             i. fix a deposit, refundable or otherwise, to
                  National Board of Directors to be held within                   be paid by each leadership contestant in
                  27 days, and at that meeting the National                       accordance with the requirements of the
                  Board of Directors must:                                        National Board before the Leadership
                    i. upon the occurrence of a Leadership                        Vote is completed;
                          Trigger Event, or if the Leader so                ii. set a maximum limit for the leadership
                          requests, in consultation with the                      contestant expenses that may be incurred
                          Caucus, appoint an “Interim Leader”;                    by any leadership contestant;
                    ii. set a date for a Leadership Vote;                   iii. adopt rules (to be known as the
                    iii. establish the Leadership Expenses                        “Leadership Expense Rules”) that provide
                          committee consisting of:                                for procedures to supervise compliance
                        1. two co-chairs, one of whom must be a                   with the maximum limit for the
                           man and one of whom must a woman                       leadership contestant expenses that may
                           and one of whom must be English-                       be incurred by any leadership contestant
                           speaking and one of whom must be                       and to ensure full and frank disclosure
                           French-speaking;                                       of all contributions to leadership
                        2. the Treasurer;                                         campaigns;
                        3. two persons elected by the National              iiv. on an ongoing basis to ensure compliance
                           Board from among the members of                        with the Leadership Expense Rules.
                           the National Board, one of whom must        f. The Leadership Vote Committee is responsible
                           be English-speaking and one of whom            to plan, organize and carry out the Leadership
                           must be French-speaking;                       Vote.
                        4. two representatives appointed by the        g. Each member of the Leadership Expenses
                           Caucus;                                        Committee and the Leadership Vote
                        5. any number of other Registered Liberals        Committee must agree in writing to remain
                           of the Party appointed by the co-chairs        neutral in the election of the Leader.
                           in consultation with the National Board
                           and respecting the principle of equal
Constitution                                                           Liberal Party of Canada

08             M. Leader (Cont.)                                       46. Leadership Vote Procedure
                                                                       a. The Leadership Vote is a direct vote of all
               h. The person appointed as the Interim Leader              Registered Liberals who have a right to vote
                  may exercise all the powers of the Leader               on the Leadership Vote weighted equally for
                  under this Constitution until a new Leader is           each electoral district in Canada and counted
                  elected by the Registered Liberals of the Party.        in accordance with this Section.
               i. If a date has been set for a Leadership Vote         b. Every Registered Liberal who ordinarily
                  and the National Board, by resolution passed            resides in Canada has the right to vote on the
                  by three-quarters of its voting members,                Leadership Vote, if that Registered Liberal has:
                  determines that political circumstances require           i. been a Registered Liberal for the 41 days
                  that the date be reset to another date, then                  immediately preceding the day of the
                  the National Board may, by resolution passed                  Leadership Vote; and,
                  by a majority of the votes cast, reset the                ii. complied with the registration procedures
                  date for the Leadership Vote to another date                  established by the National Board or by
                  and may review and alter any arrangements                     the Leadership Vote Committee.
                  already made for the Leadership Vote.                c. At least 27 days before the day of the
                                                                          Leadership Vote, the National Board must
               45. Leadership Contestants                                 publish on the public website of the Party the
               To be eligible for election as Leader, a person must:      registration procedures for the Leadership Vote.
               a. be a Registered Liberal;                             d. Each Registered Liberal who has a right to
               b. be eligible to be a candidate in an election of         vote in a Leadership Vote may vote by a
                  a member to serve in the House of Commons               preferential ballot on which the voter indicates
                  under the Canada Elections Act;                         their preference for leadership contestants.
               c. deliver to the National President, at least 90          A ballot is not spoiled because the voter has
                  days before the day of the Leadership Vote,             not indicated a preference for all leadership
                  a written nomination (which may be in one               contestants.
                  or more counterparts) signed by at least 300         e. The ballots must be counted, under the
                  Registered Liberals including at least 100              direction of the Chief Electoral Officer, in
                  Registered Liberals of the Party from each of           accordance with the following procedure:
                  three different provinces or territories; and             i. each electoral district is allocated 100
               d. within the time limits established by the                     points;
                  Leadership Vote Committee, provide to the                 ii. on the first count:
                  President or their designate, an undertaking in               1. for each electoral district, the first
                  writing that:                                                      preference votes recorded in favour
                    i. they agree to be bound by this                                of leadership contestants on the
                         Constitution, any by-laws made by the                       ballots cast by those Registered
                         National Board, and the Leadership                          Liberals who live in that electoral
                         Expense Rules;                                              district are counted and then the
                    ii. they will submit all disputes concerning                     100 points allocated to the electoral
                         any matter relating to the selection of                     district are allocated to each
                         the Leader and the Leadership Vote                          leadership contestant on the basis
                         and the construction or application of                      of the ratio the number of the first
                         this Constitution, any by-laws made by                      preference votes received by that
                         the National Board and the Leadership                       leadership contestant bears to the
                         Expense Rules to, and abide by the                          total number of votes counted;
                         decision of, the Permanent Appeal                      2. the total number of points allocated
                         Committee; and                                              to each leadership contestant from
                    iii. have otherwise complied with the                            all electoral districts in Canada are
                         bylaws made by the National Board and                       added to produce a total for the
                         the Leadership Expense Rules and with                       “national count”;
                         the Canada Elections Act.
Constitution                                                          Liberal Party of Canada

09                 M. Leader (Cont.)                                  47. Leadership Endorsement Ballot
                                                                      a. The National Board is responsible to ensure
                    iii. on the second count, the leadership             that a ballot (referred to throughout this
                         contestant who received the least points        Constitution as the “Leadership Endorsement
                         on the first national count is eliminated       Ballot”), in a form approved by the National
                         and that leadership contestant’s first          Board of Directors which permits the voter to
                         count ballots are distributed in each           indicate whether or not they are in favour of
                         electoral district among the remaining          endorsing the Leader, is voted on at or prior
                         leadership contestants according to             to the first National Convention of the Party
                         the second preferences indicated and            held after each general election in which the
                         counted according to the procedure set          Leader does not become or continue to be the
                         out above as if they were first preference      Prime Minister, with sufficient time that the
                         votes;                                          results may be announced at such National
                    iv. on each subsequent count, the                    Convention.
                         leadership contestant who received           b. The Leadership Endorsement Ballot is a direct
                         the least votes in the preceding count          vote of all Registered Liberals, voting in their
                         is eliminated, and that leadership              home Electoral District Association, weighted
                         contestant’s ballots are distributed            equally for each electoral district in Canada
                         among the remaining leadership                  and counted in accordance with this Section.
                         contestants according to the next            c. The vote on the Leadership Endorsement
                         preferences indicated;                          Ballot must be conducted by secret ballot, and
                    v. the first leadership contestant to receive        the ballots must be delivered promptly and
                         more than 50% of the points allocated           directly to the auditors of the Party or another
                         on any national count is selected as the        independent accounting firm appointed by the
                         Leader.                                         National Board (the “Leadership Endorsement
               f. The Leadership Vote Committee and the                  Ballot Auditor”).
                  National Board must jointly appoint a               d. The President and the National Director
                  chief electoral officer (the “Chief Electoral          are jointly responsible to ensure that the
                  Officer”) who will be responsible to make              ballots are counted in secrecy by the
                  all arrangements necessary for the conduct             Leadership Endorsement Ballot Auditor and
                  of the balloting on the Leadership Vote and            that the national count for the Leadership
                  adjudicate all disputes over accreditation and         Endorsement Ballot is published at the
                  the right to vote on the Leadership Vote.              National Convention of the Party before any
               g. The Chief Electoral Officer must act                   results are otherwise announced or published.
                  independently of the National Board and each        e. The ballots must be counted in accordance
                  of the leadership contestants.                         with the following procedure:
               h. The National Board may make any by-law in                i. each electoral district is allocated 100
                  accordance with the procedure set out above                   points.
                  to regulate the procedures of the Leadership             ii. for each electoral district, the votes
                  Vote, that is consistent with this Constitution,              recorded in favour of endorsing the
                  including but not limited to:                                 Leader on the ballots cast by Registered
                    i. voting procedures (including Internet                    Liberals who live in that electoral district
                         balloting and electronic balloting);                   are counted and then the 100 points
                    ii. nomination criteria;                                    allocated to the electoral district are
                    iii. registration fees and procedures; and                  allocated in favour of endorsing the
                    iv. leadership contestant deposit                           Leader on the basis of the ratio the
                         requirements.                                          number of votes recorded in favour of
                                                                                endorsing the Leader bears to the total
                                                                                number of valid ballots cast.
                                                                           iii. the total number of points allocated in
                                                                                favour of endorsing the Leader from all
                                                                                electoral districts in Canada are added to
                                                                                produce a total for the “national count”; and
                                                                           iv. the Leader is not endorsed if the
                                                                                “national count” is less than the product
                                                                                of 50 multiplied by the number of all
                                                                                electoral districts in Canada.
Constitution                                                         Liberal Party of Canada

10             N. General Provisions                                 49. Interpretation
                                                                     This Constitution will be governed by the
               48. Amendment                                         interpretation provisions of this paragraph,
               a. This Constitution may be amended in                and the National Board will have authority to
                  accordance with this Section by a resolution       interpret this Constitution, subject to appeal
                  of two-thirds of Registered Liberals registered    to the Permanent Appeals Committee. Words
                  at a National Convention (with the manner of       importing the singular include the plural, and
                  registration and voting, including any remote      vice versa. The power to appoint includes the
                  registration and voting, to be determined by       power to replace. The power to make a by-law
                  the National Board).                               or adopt rules includes the power to amend
               b. Amendments to this Constitution may be             or repeal the by-law or rule. Wherever any
                  proposed by:                                       period between two events is expressed as a
                     i. the Leader;                                  number of days, the days on which the first and
                     ii. the Management Committee;                   second events take place are not to be counted.
                     iii. the National Board;                        Wherever it is stated that a person must have
                     iv. any Provincial or Territorial Board; or     been a Registered Liberal for a number of days
                     v. any Commission.                              immediately preceding an event, then their
               c. Proposed amendments must be submitted              application to be a Registered Liberal must have
                  in writing to the President at least 48 days       been received (a) during regular business hours
                  before the National Convention at which they       on a day when the receiving office was open at
                  are to be considered.                              least that number of days before the event or
               d. The President must publish a copy of each          (b) electronically in a manner approved by the
                  proposed amendment to this Constitution that       National Board of Directors before midnight,
                  must be submitted to a National Convention         local time of the residence of the applicant, that
                  on the public website of the Party at least 27     number of days before the event. For all purposes
                  days before such National Convention.              of this Constitution, a Registered Liberal will
               e. A constitutional amendment takes effect on         be considered to live at the place of their
                  the later of the time it is adopted and the date   ordinary residence, which must be determined
                  (if any) specified in the amendment.               in accordance with the Canada Elections Act.
               f. After each convention at which this                Each member of the House of Commons, each
                  Constitution is amended, the Constitutional        candidate at a general election or a by-election
                  and Legal Advisers shall oversee the               and each Registered Liberal living with the
                  publication of this Constitution as amended        member of the House of Commons or candidate
                  and may, in so doing, and subject to the           is entitled to be deemed to have a place of
                  ratification of the National Board:                ordinary residence in the electoral district
                     i. renumber the provisions of this              represented by the Member of Parliament or in
                          Constitution to accommodate the            which the candidate seeks to be elected, as the
                          changes that have been made;               case may be. A document is delivered to a person
                     ii. correct typographical errors, spelling      when it is actually received by that person, and a
                          errors, and cross-references between       document is delivered to an office designated by
                          provisions which are no longer accurate;   the National Board when it is actually received at
                     iii. correct errors which are purely            that office.
                          typographical;
                     iv. replace gender biased language with         50. Notice
                          gender neutral language; and               Unless this Constitution otherwise provides,
                     v. correct inconsistencies between the          any notice to a Registered Liberal may be given
                          English and French versions of this        by mail to each household, by electronic mail,
                          Constitution only insofar as such          or in any other manner established by the
                          changes will not change the substantive    National Board. A notice need not be given to
                          meaning of any provision.                  any Registered Liberal designated as “inactive” in
                                                                     accordance with procedures established by the
                                                                     National Board in a by-law, or who has requested
                                                                     not to receive correspondence. The inadvertent
                                                                     failure to give notice to any Registered Liberal
                                                                     of the Party of anything does not invalidate the
                                                                     notice, the meeting or any business of the meeting.
Constitution                                                            Liberal Party of Canada

11             O. Transition                                            56. Permanent Appeals Committee.
                                                                        As of the Effective Date, the Permanent Appeals
               51. Effective Date                                       Committee existing immediately prior to the
               This Constitution takes effect on the date it is         Effective Date is continued as the Permanent
               adopted (the “Effective Date”), except as noted          Appeals Committee of the Party.
               below.
                                                                        57. National Board
               52. Repeal                                               Each officer of the Party elected at the May, 2016
               As of the Effective Date, the Existing Constitution,     Biennial Convention of the Party in Winnipeg will
               the constitution of each Commission, and every           continue to hold the office to which they were
               previously adopted by-law of the Party is                elected until the next National Convention of the
               repealed. As of January 1, 2017 (the “Transfer           Party, except that the titles of such officers shall
               Date”), the constitution and any by-laws of each         changes as follows:
               Provincial and Territorial Association (each, a “PTA”)
               existing under the Existing Constitution (other
               than a blended PTA) is repealed.                           As Elected Under Existing      New Title
                                                                          Constitution
               53. Dissolutions as of Effective Date
               As of the Effective Date, each of the Council              National President             President
               of Presidents, the National Election Readiness
               Committee, and the National Policy and Platform            National Vice-President        Vice-President
               Committee are dissolved.                                   (English)                      (English)

               54. Registered Liberals                                    National Vice-President        Vice-President
               Each person who was, pursuant to the Existing              (French)                       (French)
               Constitution, a member or supporter of the
               Party immediately prior to the Effective Date,             National Policy Chair          Policy Secretary
               is, as of the Effective Date, a Registered Liberal.
               The National Membership By-Law of the Party                National Membership            Party Secretary
               will continue to apply to all Registered Liberals,         Secretary
               mutatis mutandis, until the earlier of the date
               on which the National Board passes a by-law
               governing the process of registration as a               58. National Convention
               Registered Liberal, or the Transfer Date.                The next National Convention of the Party will
                                                                        be held between September 1, 2017 and April
               55. Commissions                                          30, 2018, as determined by the National Board
               As of the Effective Date, each of the Indigenous         (and provided that the National Board may in its
               Peoples’ Commission, the National Women’s                discretion elect to hold a convention outside of
               Liberal Commission, the Commission of Young              this period where, in its view, it is necessary to
               Liberals of Canada, and the Senior Liberals’             accommodate venue availability requirements) to
               Commission are continued as Commissions                  elect a new National Board in accordance with
               (the “Existing Commissions”) established by the          the terms hereof.
               National Board. As of the Effective Date, the
               constitutions and any by-laws of each Existing           59. Chief Agent
               Commission will be deemed, mutatis mutandis,             As of the Effective Date, the Federal Liberal
               to become a by-law of the National Board until           Agency of Canada is deemed to be continued as
               such time as the National Board passes a by-law          the Chief Agent of the Party. The provisions of
               relating to the governance of Commissions. As            Section 37 shall take effect as of the Transfer Date.
               of the Effective Date, all property of the Existing
               Commissions is transferred to the Party, each section    60. Provincial or Territorial Boards
               and club of an Existing Commission will continue         As of the Effective Date, the President of each
               as a section or club of the applicable Commission,       PTA shall be designated as a Director from the
               and each officer of an Existing Commission shall         province or territory they represent. As of the
               continue as an officer of such Commission.               Effective Date, the executive or board of each
                                                                        PTA shall be deemed to also constitute
Constitution                                                          Liberal Party of Canada

12             O. Transition (Cont.)                                  in this Constitution or its transition prevents
                                                                      the Party from (a) sharing personnel, assets,
               the Provincial or Territorial Board for their          information and/or meeting arrangements
               province or territory. Any Provincial or Territorial   with the formerly blended PTAs, as described
               Conventions held following the date hereof and         above, or to continue to cooperate in election
               prior to the Transfer Date will elect a Provincial     readiness, campaign activities, and other mutually
               or Territorial Board consistent with Section           agreed to activities and (b) allowing Registered
               23 hereof, and such election shall take effect         Liberals from holding office in a provincial Liberal
               immediately, with such Provincial and Territorial      association or any association thereof.
               Board serving as the executive of the relevant
               PTA from its date of election, and automatically       63. Electoral District Associations
               becoming the applicable Provincial or Territorial      Each Electoral District Association subsisting
               Board on the Transfer Date. Following the              under the Existing Constitution is deemed to be
               Transfer Date, each Provincial or Territorial          recognized by the National Board and continued
               Convention (which shall be scheduled and held          as an Electoral District Association under this
               in accordance with the terms hereof) will elect        Constitution. The constitution of each Electoral
               a Provincial or Territorial Board consistent with      District Association will continue to govern such
               Section 23 hereof.                                     Electoral District Association until the Transfer
                                                                      Date, at which time such Electoral District
               61. Dissolution of PTAs                                Association will be governed by the by-laws of
               On the Transfer Date, each PTA (other than             the National Board.
               a Blended PTA) shall be dissolved, and the
               property, leases and contracts of each such            64. Leader
               PTA transferred to the Party. Each employee            The Right Honourable Justin Trudeau shall be
               of such a PTA immediately prior to the Transfer        continued as the Leader on the Effective Date.
               Date shall be an employee of the Party as of the
               Transfer Date. Each office location of such a PTA      65. By-Laws
               immediately prior to the Transfer Date shall be        On or prior to the Transfer Date, the National
               an office location of the Party as of the Transfer     Board shall pass by-laws with respect to each of
               Date. No PTA shall enter into any new contract         the following:
               or financial commitment, following the Effective       a. the establishment and governance of
               Date, except with the prior express written               Commissions, and the recognition of sections,
               consent of the National Director.                         branches and clubs;
                                                                      b. the governance and administration of
               62. Blended PTAs                                          Electoral District Associations;
               On the Transfer Date, each of The Liberal Party        c. the process of policy consultation and
               of Newfoundland and Labrador, The Liberal Party           development followed by the Party;
               of Prince Edward Island, The Nova Scotia Liberal       d. the rules governing registration as Registered
               Party and The New Brunswick Liberal Association           Liberals;
               (each, a Blended PTA) shall be continued as            e. the rules governing registration and
               associations whose purpose is to participate in           attendance at any convention of the Party;
               the public affairs of their Province by endorsing      f. the rules governing the election of officers to
               Liberals as candidates for election to the                the National Board;
               Legislature of those Provinces. Such Blended           g. the responsibilities, rules and procedures of
               PTAs shall, as of the Transfer Date, have no further      the National Board and the Management
               federation with the Party. As of the Transfer             Committee;
               Date, each Blended Association will continue           h. the rules governing the election,
               to hold the property, leases and contracts held           responsibilities, removal and limitation on
               by it, and employ the person employed by it,              Provincial or Territorial Boards;
               immediately prior to the Transfer Date, except         i. the procedures of the Permanent Appeals
               as may be otherwise agreed between the Party              Committee; and
               and such Blended PTA. The Party will negotiate         j. the Chief Agent.
               in good faith to provide for administration
               agreements between itself and each Blended PTA         66. Expiry
               with respect to the shared used of personnel,          Part O of this Constitution will expire as of the
               assets and offices. For greater clarity, nothing       date of the first National Convention convened
                                                                      after the Transfer Date.
Constitution                                             Liberal Party of Canada

13
               Index of Defined Terms

               Term                                        Section                 Page
               “Caucus”                                    15 h                    02
               “Chief Electoral Officer”                   46 f                    09
               “Revenue Chair”                             15 k, v                 02
               “Commission”                                15 j                    02
               “Constitution”                              Preamble                Preamble
               “Director”                                  15 i                    02
               “Director from a Province or Territory”     15 i                    02
               “Effective Date”                            51                      11
               “Electoral District Association:            11                      02
               “Existing Commissions”                      55                      11
               “Existing Constitution”                     Preamble                Preamble
               “Home Electoral District Association”       8                       01
               “Leadership Endorsement Ballot”             47 a                    09
               “Leadership Endorsement Ballot Auditor”     47 c                    09
               “Leadership Expense Rules”                  44 e, i                 07
               “Leadership Trigger Event”                  44 b                    06-07
               “Leadership Vote”                           44 a                    06
               “Management Committee”                      20                      04
               “National Board”                            15                      02
               “National Campaign Committee”               28                      05
               “National Convention”                       39                      06

               “National Director”                         15 k, i                 02
               “Party”                                     1                       01
               “Provincial or Territorial Convention”      25                      05
               “PTA”                                       52                      11
               “Transfer Date”                             52                      11
               “Treasurer”                                 15k-ii                  02
You can also read